July 13, 2016, Planning Minutes

JULY 13, 2016 – 7:00 PM

Attendance: Bren, Brixius, Mason, Palen, Avalos, Tolsma, Lewin, Schyma. Hoffman and Kaczanowski excused.

1. CALL TO ORDER – Mason called the meeting to order at 7 p.m.


3. ROLL CALL – Avalos, Mason, Palen

4. ADOPT AGENDA – Palen was wondering about the Temporary Family Health Care and whether it would go to work session. Brixius would like to add under miscellaneous adopting the flood plain. Avalos makes a motion to adopt the agenda with the additional item and Palen seconds. All votes ayes, motion carries.

5. APPROVAL OF MINUTES – Mason makes a motion and Palen seconds to approve the minutes. All votes ayes, motion carries.
a. Planning Commission Meeting Minutes from June 8, 2015


a. Sign Application 16-03 – Brixius said wall signs are based upon percentage of wall space. He said this is located on the SW corner and it is within the ratio. He said this has already been installed and it needs to be inspected for building code compliance. Palen makes a motion to approve and Avalos seconds. All votes ayes, motion carries.

b. Sign Application 16-04 – Brixius said this sign is consistent with requirements. The PC is informed that this sign is also installed. Mason said a banner was previously installed without a temporary sign permit. Avalos makes a motion to approve and Palen seconds. All votes ayes, motion carries.

Mason said there is another sign “Petze” back by the loading docks. He wonders if there has been sign application for this and it’s determined no application was applied for. Avalos wondered about other communities approving signs. Brixius said in his other communities it is an administrative process. Mason said this has been discussed in the past. Tolsma said temporary signs are approved by the administration but permanent signs go to the PC. Brixius suggests this be brought to the council to see if this is a possibility. Mason said when reviewing a sign, things can be asked. Parking, landscaping questions can be asked of the applicant. He said it is the only time they can really connect with the business. Brixius said with the latest code, there are protections built in regarding conforming use. He said therefore, it’s evolved and some of those questions previous asked no longer are necessary. Palen said as the city continues to grow, she would look for continued improvements and she wonders who is protecting the City’s interest to this regard. Brixius said the language has been changed pertinent to legal non conforming. He said some businesses fall under the legal non-conforming so we can’t ask them to come up to current standards but new businesses can be required. Mason prefers to have signs come to the PC. Avalos wonders why. Mason said a lot of signs are related to Tonka Ventures building but he suspects in the future there will be other businesses that will want to open and need a sign. Avalos thinks that getting a sign doesn’t have anything to do with other items. He thinks it might be more efficient to have signs approved by staff in order to speed things along. Palen said if sign applicants meet all the codes and the proposed sign is pleasing, she feels the PC doesn’t meet often enough to potentially hold up a business that is trying to get open as soon as possible. Brixius suggests this be brought to council to see what their feelings are. Avalos makes a motion to make a suggestion to the council for an administrative process for sign permits. Mason seconds. All votes ayes, motion carries.

c. Temporary Family Health Care Facilities Opt-Out Draft Ordinance – Brixius said this is discussion only. He said the State adopted this and it will be in effect after September 1st unless a city formally opts out. He said if the PC wants to opt out there will be a public hearing in August and they’ll take the necessary steps to opt out. He said it is intended for auxiliary care space for persons in need. He said they must be temporary, they cannot have a permanent foundation, they have a maximum square footage requirement, sewer and water have to be connected to the primary dwelling. Brixius said there wasn’t much attention given to zoning or land use when this was crafted. He strongly recommends the opt out for the City of Spring Park. Brixius has drafted an opt-out clause and it would prevent these from being allowed. Brixius said this would go to public hearing in August.

d. Nuisance Discussion Continuation – Brixius said at the last meeting it was requested that Brixius look at other community language for nuisance properties. He said he has provided examples and they are in the packet. Brixius said these ordinances have to be written so it doesn’t put everyone in immediate violation; in other words, it can’t be too restrictive because the type of community needs to be considered. Tolsma wants specificity and definitions. He also thinks What is it, Where is it and How many do you have? needs to be specific. Brixius said he’ll put together a draft for outdoor storage. He’ll define each item, there will be blanks for the number allowed, there will be blanks for where these items can be stored. He’ll give options. He also said derelict vehicles will be more defined.


8. MISCELLANEOUS – Brixius said there is a requirement to adopt a new flood plain ordinance and there is a model ordinance but it’s overkill. He said there is a more restrictive ordinance not allowing anything to be built in the 100 year flood plain. The problem is Park Island Apartments would be part of this. He would consider precluding these properties before adopting the flood plain map. Commissioners examined the maps and Brixius will draft a response.

9. ADJOURNMENT – Palen makes a motion to adjourn at 8:42 p.m. Avalos seconds. All votes ayes, motion carries
Wendy Lewin, City Clerk
Dan Tolsma, City Administrator