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080311 planning commissionCITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES August 3, 2011 City Hall, 7 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chair Houle called the meeting to order at 7 p.m. ROLL CALL Present: Paul Anderson, Jim Brinkman, Jeff Houle, Sandra Hunten, Roger Landy, Ranjan Nirgude, Sunday Onadipe, Tom Schmidt, Steve Svendsen Absent: None Also Present: Curtis Jacobsen, Director of Community Development, Steve Sondrall, City Attorney, Eric Weiss, Community Development Assistant, Pamela Sylvester, Recording Secretary CONSENT BUSINESS There was no Consent Business on the agenda. PUBLIC HEARING Item 4.1 Chair Houle introduced Item 4.1, discussion regarding ordinance amendment to allow variances, city of New Hope, petitioner. Mr. Curtis Jacobsen stated the Codes and Standards Committee discussed this issue in July. Variance requests came to a standstill last fall after a Minnesota Supreme Court decision where the Supreme Court narrowly interpreted the statutory definition of undue hardship and whether or not there was a reasonable use of the property in the absence of the variance. The new law changes that factor back to the reasonable manner understanding and allows counties and cities to work under the same standards and flexibility. The major verbiage change in the proposed New Hope ordinance amendment substitutes "practical difficulties" for "undue hardship" and complies with state code. The criteria utilized in evaluating variance requests remain the same. This ordinance amendment once again gives cities the ability to offer residents a variance to city code for a specific project that may not meet all the requirements of the city code. Chair Houle questioned if other cities are adopting this language into their ordinances. Mr. Jacobsen indicated that some cities are making changes to their ordinances and some are utilizing the state statute. New Hope has always had variance language in its code, which is why it is proceeding with the ordinance amendment. Mr. Steve Sondrall, city attorney, stated that the language was taken from the new law. Commissioner Svendsen inquired if the state law mentioned wind energy and Mr. Sondrall indicated that was not in the code. There was no one present in the audience wishing to speak at the public hearing. Motion by Commissioner Schmidt, seconded by Commissioner Brinkman, to close the public hearing regarding Planning Cast 11 -04. All voted in favor. Motion carried. MOTION Motion by Commission Landy, seconded by Commissioner Schmidt, to Item 4.1 approve Planning Case 11 -04, ordinance amendment to allow variances, city of New Hope, petitioner. Voting in favor: Anderson, Brinkman, Houle, Hunten, Landy, Nirgude, Onadipe, Schmidt, Svendsen Voting against: None Absent: None Motion approved. The City Council will discuss the ordinance amendment at its meeting on August 22, 2011. Planning Case 11 -05 Chair Houle introduced Item 4.2, discussion regarding ordinance Item 4.2 amendment to clarify Sewer Access Charge (SAC) responsibility, city of New Hope, petitioner. Mr. Jacobsen stated that the Metropolitan Council was responsible for the treatment of waste water (sewage) and had the ability to levy charges on cities. The two main charges are for flow and sewer access. The flow is the usage charge to anyone connected to the metropolitan waste water system. The sewer access charge (SAC) is a charge established to provide for reserve capacity in the metro waste water system. The MCES's policy is to charge these SAC fees to cities and cities can either pass the fees along to the property owner or absorb the fees. New Hope has always passed the fees along to the property owner or developer. Mr. Jacobsen stated that the city's ordinance had not been changed since 1973 and the proposed ordinance would update the language and clarify that the property owner /developer would be responsible for all SAC charges from the Metropolitan Council. Currently, the charge is $2,230 per SAC unit. Recently, the Met Council conducted an audit at the city and determined that several businesses that had made improvements in the last several years owed additional money for SAC fees. One company only added a shower stall to a restroom and an additional SAC was charged. New Hope Bowl added a volleyball court and expanded the deck and an additional SAC was charged due to the additional seating area. A restaurant expanded into additional space and was charged an additional eight SAC units. The businesses can challenge the Met Council and occasionally the fees are reversed. Planning Commission Meeting 2 August 3, 2011 Mr. Jacobsen explained briefly how SAC fees are determined. Single family homes are charged one SAC unit. Fees for offices, restaurants, commercial and industrial buildings are triggered by plumbing modifications to the building. Fees are collected for new construction or remodeling at the time a building permit is issued. Plans for modifications or new construction are sent to the Metropolitan Council to make a determination on the number of SAC units to be collected by the city. Commissioner Nirgude inquired how the Met Council found out about the modifications to the buildings. Mr. Jacobsen answered that the city is required to report monthly the number of permits issued and SAC fees collected. There was no one present in the audience wishing to speak at the public hearing. Motion by Commissioner Landy, seconded by Commissioner Svendsen, to close the public hearing regarding Planning Cast 11 -05. All voted in favor. Motion carried. MOTION Motion by Commission Landy, seconded by Commissioner Brinkman, to Item 4.2 approve Planning Case 11 -05, ordinance amendment to clarify Sewer Access Charge (SAC) responsibility, city of New Hope, petitioner. Voting in favor: Anderson, Brinkman, Houle, Hunten, Landy, Nirgude, Onadipe, Schmidt, Svendsen Voting against: None Absent: None Motion approved. The City Council will discuss the ordinance amendment at its meeting on August 22, 2011. COMMITTEE REPORTS Design and Review Commissioner Svendsen reported the Design and Review Committee did Committee not meet. Mr. Jacobsen added that staff would be meeting with two Item 5.1 potential applicants at the pre - application meeting on August 5. Codes and Standards Chair Houle stated that the Codes and Standards Committee met to Committee review the two issues discussed at this meeting. Mr. Jacobsen stated that Item 5.2 staff would be scheduling another meeting in the upcoming weeks. Chair Houle mentioned that Commissioners Johnson and Skalland, both members of the Codes and Standards Committee, had resigned from the Commission since the June Planning Commission meeting. He inquired if any other commissioners would be agreeable to sit in with the Codes and Standards Committee until additional commission members were appointed by the Council. Commissioner Landy indicated he would sit in at the meetings. Commissioner Svendsen stated he may be available for Planning Commission Meeting 3 August 3, 2011 evening meetings, if needed. Mr. Jacobsen stressed it would be best if at least three to four commission members attended the committee meetings. Mr. Sondrall added that there should not be a quorum of the Planning Commission serving on a committee, due to the fact that it could then be considered a regular Planning Commission meeting to conduct business. Members could be assigned as "floaters" but only four members (assuming nine commission members) could attend the committee meeting. A suggestion was made to have a regular meeting date /time, and if a meeting was not needed, to cancel it. A meeting was scheduled for Tuesday, August 23, at 5:30 pm. Chair Houle reminded commission members to be sure to contact staff if they know they cannot attend a committee meeting. Mr. Jacobsen added that commissioners can email comments to staff if they cannot attend a meeting. If additional information is needed on a particular project, please contact staff and it can be emailed to the entire commission. NEW BUSINESS Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner Brinkman, Item 6.1 to approve the Planning Commission minutes of June 7, 2011. All voted in favor. Motion carried. OLD BUSINESS Chair Houle initiated discussion regarding the developer roundtable and Miscellaneous Issues stated he felt it was a positive meeting with good ideas exchanged. Developers had indicated interest in apartments or a senior housing co- op. A very large parcel would be needed for big box retail. For neighborhood retail, smaller parcels would be appropriate. Commissioner Hunten added that the size and demographics of New Hope may provide a good opportunity for senior co -op housing. Commissioner Brinkman initiated discussion on the appraisal process for Kmart and the vacant Wells Fargo bank building. Mr. Jacobsen indicated that the City Council had authorized staff to obtain appraisals for both properties and staff would take the information back to the Council once it was received. ANNOUNCEMENTS There were no announcements. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:47 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary Planning Commission Meeting 4 August 3, 2011