Planning Commission Minutes

CITY OF VICTORIA
PLANNING COMMISSION MEETING
OCTOBER 17, 2006

MINUTES

Pursuant to due posted and mailed notice thereof, the Victoria Planning Commission met on October 17, 2006, at 7951 Rose in the Council Chambers.

Chair Simanton opened the meeting at 6:30 p.m.

Members Present: Chair, Gordy Simanton; Commissioners James Donadio III, William Mead VI, and Tom Vogt.

Members Absent: Commissioner Bud Hiivala.

Others Present: Holly Kreft, City Planner; Angie Perera, Assistant Planner; and Tanya Schmieg, Recording Secretary.

A. Adopt Agenda

Chair Simanton added item C – Update on South Lake Virginia Shores Park - under new and old business.

A motion was made by Vogt, seconded by Mead, to adopt the agenda as revised. Vote: 4 Ayes, 0 Nays. Motion Carried.
 

#2 APPROVAL OF MINUTES:

A. Minutes of the September 19, 2006, Planning Commission Meeting.

The following revisions were requested to the September 19, 2006 meeting minutes:

Commissioner Vogt asked about the revision process of the minutes. Ms. Perera stated the approved minutes go on the website and if there are any changes they are adjusted. The changes will also be noted on these minutes.

Commissioner Vogt stated that on page 3, paragraph 4 should read: Vice Chair Vogt noted that it has not been decided whether staff is going to request the developer to do the temporary turnarounds or use the other alternatives.

Commissioner Vogt stated that on page 4, paragraph 4 should read: Vice Chair Vogt said the flower shop sign isn’t consistent with other signs in the downtown and mentioned the Victoria House and the Holiday Station as examples that have color changes requested.

Commissioner Vogt noted that on page 5, paragraph 2 should read: Vice Chair Vogt noted that they changed the policy on this and the Planning Commission used to see all these requests and now it is at the staff level.

Commissioner Vogt noted that on page 6, paragraph 9 should read: He said he would like to see assurance that there will be usage and there has been usage and interest and that the park is not being rebuilt for just a few people.

A motion was made by Donadio, seconded by Mead, to approve the Minutes as corrected above. Vote: 4 Ayes, 0 Nays. Motion carried.

B. Minutes of the October 3, 2006 Planning Commission Meeting.

The following revisions were requested to the October 3, 2006 meeting minutes:

Chair Simanton stated that on page 3, paragraph 7 should read: Chair Simanton reiterated the things talked about were the reduction of on street parking, easements and the replacement street work that is being done and expecting the City to replace and the impervious surface.

Chair Simanton noted that on page 3, paragraph 9 should read: Chair Simanton said in regards to the impervious surface there could be some type of tax because they are generating more storm water.

A motion was made by Simanton, seconded by Donadio, to approve the Minutes as corrected above. Vote: 4 Ayes, 0 Nays. Motion carried.

C. Review Minutes of the September 28, 2006 City Council Workshop Meeting.

D. Review Minutes of the September 28, 2006 City Council Meeting.

E. Review Minutes of the October 5, 2006 City Council Workshop Meeting.

The above minutes were reviewed.
 

None.
 

A. Driveway Widths/Ordinance Discussion (Section 23-19c).

1. Agenda Statement No. 06-30
2. Exhibits

Ms. Perera stated that the questions brought up at the last meeting were: what was the previous ordinance and when was it changed, what are the pros and cons of the 24-foot width and what do other area communities require.

Ms. Perera said that in response to the first question there was never an ordinance that included the driveway width. This was changed in 2004 so previous to that there was no ordinance that dealt with driveways.

Ms. Perera noted that they included a list of pros and cons. She stated there are a lot of good reasons to keep it what it is at currently.

Ms. Perera mentioned that the City of Victoria is similar to other cities. Norwood Young America is at 24, Waconia is at 28 and Watertown is at 24.

Ms. Perera stated that in summary they are looking for direction on if staff is comfortable with the 24-foot width or if that should be increased. Staff would also like to know if they should start requiring a zoning permit for the construction or alteration of driveways.

Chair Simanton provided some background information. He said that in the newer developments put in have the curb that you can drive up on it. He noted the reason the City moved to this is because of fire, emergency and being able to turn around without having to worry about the curb. Chair Simanton said now they are discovering people who have a 24-foot driveway down to the street can now bring the driveway down to the curb so it is a 30-foot driveway. He noted that more storm water issues are being created for run off, it has taken away parking on the streets and from an aesthetic standpoint there is more blacktop. Commissioner Donadio said another one is that the City now has to go back in and replace a wider driveway.

Commissioner Vogt asked how they are able to put in more than 24-feet if that is the current ordinance. Chair Simanton responded that some of them are being creative and putting in pavers and ripping sod out

Ms. Kreft noted that because there is no permit required there is no process for staff other than looking for it. She mentioned that they need to make homeowners aware of this and educate.

Commissioner Vogt asked why there is no permit required. Ms. Kreft said that it is not in the building code. Chair Simanton said they did talk about having something.

Ms. Kreft stated the three things they are looking for is if it should stay at 24-feet, if a permit should be required and if they should educate the public.

Commissioner Vogt asked what the width of a normal city street is. Ms. Kreft responded that it is 28-feet.

Commissioner Mead said that part of staff recommendations is to incorporated a and c together.

Chair Simanton asked for examples on education. Ms. Kreft said they could put something in the newsletter, on the website and in the Victoria Gazette. Commissioner Mead suggested the builders as well. Ms. Perera said when they review the permit for each house they make sure it meets the 24-foot width.

Chair Simanton noted they had talked about a zoning permit and getting that out to companies that do driveways and landscapers and how to get that information out to them. Ms. Kreft said they do get phone calls asking if they require a permit for driveways. The calls are usually from both the homeowner and builder.

Commissioner Vogt talked about the issues with snowplowing.

Commissioner Donadio asked if some dimension would be added as to how far in the yard the 24-foot width has to go. Ms. Kreft said it has to be at the public right-of-way.

Chair Simanton said that there would also be fees associated with the permit. Ms. Kreft noted that the City of Norwood Young America requires a permit and the public works goes out to make sure there aren’t any water shut offs.

Chair Simanton asked about putting something in the ordinance saying that the City is not responsible for replacements for anything wider than 24-feet. Ms. Kreft said that is something that could be put in the assessment policy. She said that it would depend on when the driveway was put in if they would let the homeowner cover the rest of the cost.

Chair Simanton asked about the current violations and looking at the inventory for people who are not in compliance. Ms. Kreft said they are looking for some direction. There have been complaints. She said part of it will be proving that it was put in before the January 8, 2004 timeline.

Chair Simanton said to let the issues come in instead of going out and looking for them.

Commissioner Mead stated they need to publicize and get the word out. It would take too much time for staff to go out and look for these issues.

Commissioner Vogt stated that they will stick with the 24-feet and will enforce it going forward. This should be put in the newsletters. A permit should also be considered for any kind of driveway alteration.

Ms. Kreft said they can bring back some examples on a zoning permit.

Chair Simanton said that in summary they would be recommending to the City Council and staff a 24-foot maximum width at the street level and some type of permit with a fee and the educational process. He said the last point is that the Commissioner’s don’t feel that the City should go out and chase down some of these violations due to the time, effort and other issues being more precedent.

B. Selection of Consultant Firm for the Comprehensive Land Use Plan Update.

1. Agenda Statement No. 06-31
2. Exhibits

Ms. Kreft stated there is an updated staff report and additional references for Olson Associates and NAC.

Ms. Kreft said that staff feels that there would be some benefit with working with TKDA, but also felt they could work with any of the four firms that did submit proposals.

Chair Simanton asked if the first choice from staff was TKDA. Ms. Kreft said that is correct.

Chair Simanton noted that he and Commissioner Donadio were present.

Chair Simanton noted that TKDA was actually less, except the meetings would be additional.

Chair Simanton asked if Dick Thompson would be the point person. Ms. Kreft said yes, he would be the point person and the graduate planner would be Berry Farmington. Ms. Perera noted that Berry was here earlier this summer and provided a staff report on the Timberwall subdivision.

Chair Simanton stated he thought there were three that could do the job.

Ms. Kreft said that TKDA is doing all the other components.

Commissioner Vogt asked who puts the plan together. He said there are two types of plans that typically go to the Met Council; a plan that is professionally done and then there is a plan that is aggressive that tries to address issues and really means something. He asked how much this consultant has to do with the quality. Ms. Kreft said that the City of Belle Plaine is going thru this process and she thinks it is very important that the City drive the consultant. She mentioned the task force also has to be comfortable.

Ms. Perera stated another benefit in going with TKDA is that they know where the City sits in terms of Met Council requirements and goals.

Chair Simanton asked about the timeframe. Ms. Kreft said they have until September 12, 2008.

Chair Simanton asked who the main point of contact on staff would be. Ms. Kreft responded it would be her.

Chair Simanton asked about Mark Kaltsas. Ms. Kreft said that he is a sub-contractor with TKDA.

Commissioner Vogt said it would be nice if there was a comprehensive plan that would guide and help versus a plan that would fill all the requirements of the Met Council. Chair Simanton said that in the interview process all four were asked what they felt their role was and they all said facilitator. They plan on doing extensive interviews with citizens and having focus groups to find out what people want and what the expectations are. Commissioner Donadio noted that the task force is going to be the driver put together by the City with various people and staff.

Commissioner Vogt said in most of the comprehensive plans he has seen the goal is to create a plan that is professional that would allow the City to operate easier within the guidelines of the Met Council. Ms. Perera noted that on the projections, staff reviewed the numbers and recalculated so they are at a more reasonable number.

Chair Simanton stated the Planning Commission supports staff’s recommendation for TKDA.

C. South Lake Virginia Shores Park Issues

Ms. Kreft stated the open house was held on October 5, 2006. The residents said they would not like a buildable lot to be created and would like to see it dedicated as park land.

Ms. Kreft mentioned the Park and Recreation Committee did review this last night and they are going along with the resident’s recommendation.

Chair Simanton asked what the reasoning was for not wanting a buildable lot. Commissioner Mead said it sounds like it was the opposition from the residents. Ms. Kreft noted that this is the only park north of Highway 7.

Commissioner Donadio mentioned he talked with Ms. Mock and they had a great turnout from the residents and they were adamant about keeping it a park. Commissioner Mead asked if there was any indication of how many are using it. Commissioner Donadio said no.
 

Councilmember Tieden was not present.

Tim Amundson was present to listen to the process on the Comprehensive Plan.
 

A. Communications.

Ms. Kreft mentioned the invitation in the packets to the Minnehaha Creek Watershed District. She said they are looking for as much turnout as possible.

B. Other.

Commissioner Donadio talked about the tree preservation ordinance and asked staff to take a look at that ordinance and see if there are changes to be made. He said this is specifically for after a house is built and a homeowner wants to come in and clear a wooded lot and whether or not a permit should be asked for before doing that. He said there may be other conditions to look at as part of homeowners doing tree removal. He referred to the outlot in Deer Run and the restriction of the golf course from doing any tree removal. Commissioner Donadio suggested that the homeowner get a permit on the pool first before the trees are removed.

Ms. Kreft said they can put that on for the next agenda.

Chair Simanton asked where this person is from and if they are local. Commissioner Donadio said they are local and just moved in. Chair Simanton noted that it has created a situation where it is out of character with everything that is there. He said the other issue is all of the clearing has been stacked down by the trail. Commissioner Donadio said that is the clearing of the railroad association easement. The homeowner stacked it in the ditch. He said now they have applied for a tree removal permit to remove a 100-150 year old oak tree to drive in to the backyard to build a pool. Ms. Perera said that there has not been any application yet.
 

A motion was made by Simanton, seconded by Vogt, to adjourn the meeting at 7:20 p.m. Vote: 4 Ayes, 0 Nays. Motion carried.

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.