HomeMy WebLinkAbout03-04-1999 MinutesCITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MINUTES, MARCH 4, 1999
Call To Order Chair Hedlund called the meeting to order at 7:00 p.m. Present: Commissioners
Dahlquist, Schultz, and Wasescha. Staff Present: City Administrator Melena, City Planner Richards, City
Community Development Director Danielson, City Attorney Vierling, City Council Liaison Swenson,
and Community Development Secretary Hultman. Absent: Commissioner Vogt.
Approval of A eg nda Schultz, seconded by Dahlquist, moved to approve the Agenda as presented.
Carried 4 -0.
Visitors Councilmember Beaudet; Scott Cleland; Steven DeMars; Greg Diedrich; Greg & Kathy
Kunz; Tom Edison; Kathleen Macy, Deb Marvin; Tom McAllister; Diane McGann; ISD
#834; Dan Parker, ISD #834; David Reeves; Karen Rheinberger; Paul Bischoff,
Maynard Kelsey; Councilmember Turnquist; and Jason Willett.
Public Hearin &s : Chair Hedlund provided the audience with an overview of public hearing
procedure and conduct.
A. A reauest_to_consider an amended conditional use permit to allow for a robes course structure at
the Stillwater Area High School City Attorney Vierling reviewed procedural items regarding
public hearing conduct as to the 1991 Stillwater Area High School conditional use permit. He
noted that decisions with regard to legal and /or procedural issues would be made by the City
Council. Application was received from the applicant on February 11, 1999.
Planner Richards provided a brief re -cap of the project, outlined his report on the request, and
indicated that such an outdoor recreational structure was allowed according to the City's current
zoning ordinance.
Chair Hedlund opened the hearing for public comment at 7:35 p.m.
Kathleen Macy, Superintendent for ISD #834 and Dan Parker, ISD #834 Business Manager
provided a presentation regarding the issues relating to the objective of the course, how it was
financed, how it's location was determined, what plans were in place for screening, and related
security and safety issues.
Visitors to this hearing dominantly expressed their unhappiness with what they felt to be the
school district not communicating with them, the invasion of their privacy, the alteration of their
neighborhoods' character, as a result of the structure's placement and lack of buffer zone, which
was asserted to have been agreed upon, the location of the structure, and safety related issues
pertaining to it. A large amount of information including personal opinion letters, petitions, and
various other written materials. Additionally photographs and a video of the site and two other
rope course structures were submitted to the Commission for their review.
Other comments made, include those of:
Tom McAllister who additionally stated that he disagreed with Richards' interpretation of the
ordinance relating to the structure.
Diane McGann who additionally stated that she felt the structure was incompatible with the
surround neighborhoods.
Greg Diedrich, a former Blackwood resident, who additionally stated that he feels the school
district failed to meet the requirements of their Conditional Use Permit by erecting the structure
and then requesting amendment. He feels that the district should be required to remove the
structure and begin again, according to established guidelines.
Greg Kunz additionally stated his concern of adequate fencing in relation to the flooding of the
area and questioned if this structure was needed and if there were other alternatives available to
meet the objective of the course.
Tom Edison additionally stated his concern regarding the height of parts of the structure and that
of police patrol (lack of visibility for the patrolmen). He expressed his concern that property
owners were not notified when the fence installed was placed upon their property lines. He
stated that they have tried to work with the school, offering to buy land and pay for it to be
moved. He would like to see the structure removed.
Steven DeMars, a Stillwater resident, stated he felt compelled to speak on behalf of the affected
parties due to the injustice he felt they were being served. He noted that he felt notification
should have been given and questioned the City's responsibility in facilitating this notification.
He also believes dismantling of the structure and proper process should be required.
Karen Rheinberger additionally stated that when the structure was erected the Building Official
for Oak Park Heights was contacted and investigated the next day and indicated that he did not
believe a building permit was needed for the project. She stated that she felt local Police and Fire
personnel should be trained on the equipment for safety. She also would like to have the school
district be required to provide extra patrol on Halloween.
Maynard Kelsey, a member of the Baytown Township Board, additionally stated that he felt the
Commission was being put in the situation of having to legitimize the situation after the fact;
further, he feels that no procedure has been followed by the school district with this. When
asked by Chairperson Hedlund if the Township Board had formed an official opinion on the
matter, Mr. Kelsey stated that it had not.
Jason Willett questioned the screening criteria discussed, noting that it will be many years before
any tree would grow tall enough to screen his view of the structure.
Wasescha, seconded by Schultz, moved to close the public hearing at 8:50 p.m. Carried 4 -0.
Discussion ensued among the Commission, who directed questions to the applicant, City
Attorney, City Planner and Community Development Director. Discussion encompassed around
clarification of the applicant's request, issues relating to the established guidelines for accessory
building use, building height and screening, the fencing /water flow issue and the lack of
governing authority on the buffer zone issue, surrounding property depreciation factors, safety,
security and landscaping. City Attorney Vierling defined attractive nuisance as a hazardous
situation that acts as a magnet to children and noted that the fencing is an element included in the
original conditional use permit.
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Chairperson Hedlund inquired of Superintendent Macy the expense of moving the structure and
if the school district would be open to consideration of this. Macy replied moving the structure
would be in excess of five thousand dollars and that the district would not be open to
consideration of moving the structure, nor discussing its relocation with the surround
neighborhood residents.
In response to the claim of lack of notification, Community Director Danielson noted that public
notification signs were put in place at the school and public notice published in the newspaper, in
addition to the notices mailed to owners within 500 feet surrounding the structure site. Macy
added that the school board meeting discussing the structure was televised on May 28, 1998 also.
It was noted that the City Arborist has not received a landscape plan for review for the site, nor
was there an official position received from the City's Police Chief as to safety concerns. The
Commission would like to have a plan reviewed by the Arborist and a written opinion from the
Police Chief on safety and rescue concerns for the area.
Wasescha, seconded by Schultz, moved to continue discussion of this matter to April 15, 1999.
Carried 4 -0.
Old Business None
New Business None
Informational /Update Danielson, Richards, and Melena provided the Commission with a brief update
as to the status of Ryder Transportation and Valley Sr. Service Alliance issues.
Commissioner Wasescha left the meeting at 10:05 p.m.
Adjournment: Dahlquist, seconded by Schultz, moved to adjourn at 10:15 p.m. Motion carried 3 -0.
Respectfully submitted,
i ��-
l f
Julie A. Hultman
Community Development Secretary
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