05-12-09 CM Minutes
Council/Manager Meeting Minutes
May 12, 2009
Present: Mayor Loomis and Council Members Pentel, Scanlon and Shaffer, City
Manager Tom Burt, Director of Planning and Development Mark Grimes, City Planner
Joe Hogeboom, Public Works Director Jeannine Clancy, City Engineer Jeff Oliver,
Public Works Specialist Eric Eckman. Also present was consultant Bill Thibault (Thibault
Associates)
The meeting began at 6:30 pm in the Council Conference Room.
Proposed Ordinance Amendment - Section 4.20 - 1-394 Mixed Use Zoning District
Signage
Mark Grimes provided background on the 1-394 Corridor study and Mixed Use zoning
district and explained that the City's current sign code is regulated by zoning district so
an amendment is needed for the new Mixed Use zoning district. He introduced Bill
Thibault a consultant from Thibault Associates, who helped draft language for a mixed
use sign ordinance.
Thibault referred to the proposed ordinance and explained that he used language from
the City's Comprehensive Plan, the 1-394 Corridor Study and other City policies and
ordinances in writing this ordinance. The Council reviewed the proposed ordinance and
discussed various parts of the ordinance including signage plan requirements,
temporary signs, maximum total sign area and where building name signs can be
placed. The Council noted that the language in the proposed ordinance regarding
window sign requirements seemed unclear and contradictory. There was also some
concern about certain types of signs not being pedestrian friendly.
Thibault discussed signs on buildings versus monument signs and pylon signs. Mayor
Loomis stated that there is some contradictory language in this ordinance regarding
pylon signs and expressed concern about wehre to allow pylon signs for businesses in
the 1-394 Corridor. Grimes stated that the proposed sign ordinance is still in draft form
and urged the Council to send him their comments. He added that he believes it would
be best to revisit the sign ordinance a year or so after it is adopted to make sure it is
working properly. Thibault added that he could provide the Council with pictures of the
types of signs that would or not be allowed using this ordinance.
Council Member Shaffer referred to the requirements for a signage plan and suggested
excluding signs from that requirement if they are under a certain square footage or if a
business only wanted one sign on the property. He questioned if "blade" signs would be
allowed and the language regarding signs not being able to extend beyond the roof line.
Council Member Pentel agreed and stated that the language regarding wall signs could
also be made clearer.
There was discussion on how this sign ordinance would be enforced. Tom Burt
explained that sign code violations are currently handled on a complaint basis. Grimes
added that there will be citations issued as a part of this new ordinance as well.
Council/Manager Meeting Minutes
May 12, 2009 - Page 2
The Council decided they would like to see this ordinance again before it is reviewed by
the Planning Commission.
Proposed Ordinance Amendment - Section 4.31 - Stormwater Management
Council Member Pentel noted that the proposed Stormwater Management ordinance
refers to a "stormwater management permit" but it doesn't define it. Clancy stated that
the definition section could be moved to appear before Subdivision 2. She explained
that the City's current grading, drainage and erosion control ordinance has been
modified and expanded to deal with the issues that have come to staffs attention.
The Council discussed the language regarding stormwater management plan
requirements and the definition of a stormwater management plan and asked that they
be clarified.
Mayor Loomis referred to the language regarding land-disturbing activities and asked if
it could be clarified to say that activities disturbing, not just removing, soil would require
a permit.
Council Member Shaffer referred to the language regarding the installation of utilities
and asked that the scope of the utility work be clarified. Oliver said the language in that
section can be rewritten to match the Pavement Management Program requirements.
The Council discussed adding language that would allow green roofs and underground
storage tanks as well as future innovative methods of managing stormwater.
Mayor Loomis questioned why residential properties are being excluded from the
requirements of this ordinance.
Clancy said she would work on revising the ordinance to address the Council's
comments and concerns and bring the ordinance to a future council manager meeting.
2009 Pavement Management: Request for Secondary Driveway
Jeff Oliver stated that staff has received a request from Mr. Glenn Fuller, 2224 Windsor
Way, to install a section of surmountable curb during this year's Pavement Management
Program (PMP) to allow him access to his rear yard. He explained that based on past
direction from the City Council and past PMP practices and policies regarding not
providing new access, staff has recommended to the Fullers that the City would not
install the type of drop curb being requested. He noted that the PMP policy was revised
in January of this year requiring standard curbs. Jeannine Clancy discussed the history
behind the policy of not allowing additional access during PMP projects including
complaints received regarding the number of driveways, width of driveways etc. and not
meeting the intent and spirit of the zoning code.
Scanlon asked how many auxiliary driveways there are in this PMP area. Clancy said
there are 17 in this area. She explained that most people want to keep their auxiliary
driveways. She added that it is also a matter of consistency because staff will have to
tell other property owners that they can't keep their auxiliary driveways.
Council/Manager Meeting Minutes
May 12, 2009 - Page 3
The Council discussed the possibility of Mr. Fuller driving on his lawn to gain access to
the rear yard. Burt added that the City Code does not prohibit people from driving on
their lawns or from driving over the curbs. Oliver stated that staff would be willing to
work with the Fullers regarding the grade of their lot to help make it easier to access
their back yard.
The Council discussed the costs involved to install surmountable curb and to replace
surmountable curb in the future if the homeowner decides to sell the property. They also
discussed the possibility of having a deferred assessment on this property in order to
replace the curb in the future or allowing Mr. Fuller to have surmountable curb installed
if he pays all the costs involved.
Mr. Fuller reiterated that he only wants 12 feet of surmountable curb so he can drive his
car into the rear yard to bring in groceries or deliveries. He said it doesn't seem fair to
him to be told after 50 years of using his property this way that he can't do it anymore.
He said he believes there is a hardship and that his property should be "grandfathered
in". He said he is not sure if he will able to drive on his lawn around to the back yard
because of the slope of the yard.
After the discussion, Council directed staff not to allow the request for surmountable
curb but asked staff to work with Mr. Fuller on the grade of his lot so that he will be able
to drive around his property in order to access the back yard.
Neighbors Helping Neighbors
Tom Burt explained that Council Member Scanlon and staff have met with community
members regarding the new Neighbors Helping Neighbors initiative. Staff is proposing
to modify its existing contract with CEE to expand their scope of work. The Council
agreed to modify the existing CEE contract.
Board/Commission Dinner
The Council discussed having the Board/Commission Dinner on either June 11 or 17.
The meeting adjourned at 8:46 pm.
Lisa Wittman
Administrative Assistant