2023.04.25 CC Packet - Laserfiche WebLink

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March 28, 2023 Page 6 of 10 5 Ayes, 0 Nays-Motion Carried 2. Consider Resolution approving a Planned Residential Development Amendment for Silver Oak Estates No. 2. City Manager Massopust indicated Assistant Director of Community Assets and Development Gozola would be presenting this item to the Council. Assistant Director of Community Assets and Development Gozola stated the Glodek family and the Silver Oak Estates No. 2 home owner’s association are jointly seeking authorization to amend the Silver Oak Estates No. 2 Planned Residential Development (PRD) to add a lot line to the plat which would place the existing home at 3024 18th Street NW on its own independent lot. Staff commented further on the request and reported the Planning Commission recommends approval. Mayor Niedfeldt-Thomas stated she understood only the outline of the home was a separate property and the property was accessed by a separate driveway. Assistant Director of Community Assets and Development Gozola reported this was the case. He discussed how this property was extremely unique noting the home was on a separate lot than the garage. Motion by Councilmember Axberg, seconded by Councilmember Abdulle to recommend approval of the Planned Residential Development Amendment based on the applicant’s submittals and findings of fact. 5 Ayes, 0 Nays-Motion Carried 3. Consider an Appeal of Administrative Decision: Request from Dale Zoerb to contest staff’s determination that private security cameras installed on a public street sign within the right-of-way is prohibited. City Manager Massopust indicated Assistant Director of Community Assets and Development Gozola would be presenting this item to the Council. Assistant Director of Community Assets and Development Gozola stated the City Council entrusts its staff to interpret and enforce the rules it adopts. Should a resident ever believe that staff has overstepped their authority or is misinterpreting code, their recourse is to file an “appeal of administrative decision” which is then put before Council for review and a decision. The appellant is challenging staff’s interpretation of code that would prohibit the installation of private security cameras on a public street sign within the right-of-way. Staff explained on December 8th, 2022, the City of New Brighton received numerous reports and complaints regarding an installation of security cameras on the street sign at the intersection of Wexford Heights Lane and Wexford Heights Circle. The claims were investigated and confirmed, and the resident at that corner (Dale Zoerb at 2621 Wexford Heights Lane) acknowledged responsibility for the installation. The City requested that Mr. Zoerb remove the cameras because they are within the public right-of-way and on a City street sign, which is in violation of the City Code. Mr. Zoerb refused to remove the cameras. After additional back and forth with City staff failed to bring the matter to resolution, Mr. Zoerb elected to submit a formal application to appeal staff’s interpretation of Code relating to his cameras. Council is asked to review staff’s position regarding Code alongside Mr. Zoerb’s interpretation of Code, and make a final decision on which party is correct. The interpretation endorsed by Council will dictate how Code is enforced moving forward until/unless Council approves an amendment to Code. Staff commented further on the situation and requested direction from the Council on how to proceed. Mayor Niedfeldt-Thomas asked that Mr. Zoerb come forward to address the Council. Dale Zoerb, 2621 Wexford Heights Land, provided the Council with a handout. He reported 2. Consider Resolution approving a Planned Residential Development Amendment for Silver Oak Estates No. 2. 3. Consider an Appeal of Administrative Decision: Request from Dale Zoerb to contest staff’s determination that private security cameras installed on a public street sign within the right-of- way is prohibited.