HomeMy WebLinkAbout03-20-03 CITY OF LAKEVILLE
Planning Commission Meeting Minutes
MARCH 20, 2003
The March 20, 2003 Planning Commission meeting was called to order by Chair
Stolte in the City Hall Council Chambers at 6:00 p.m.
Flag pledge and roll call of members:
Present: Reuvers, Swecker, Stolte, Detjen, Drotning, ex-officio Puncochar.
Absent: Grenz
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Ron Mullenbach, Associate Planner; Leif Hanson, Zoning Enforcement
Coordinator; Jay Rubash, Assistant City Engineer; Daniel Licht, Northwest
Associated Consultants; Brett Weiss, WSB & Associates; Roger. Knutson, City
Attorney; and Penny Brevig, Recording Secretary.
ITEM 3: APPROVAL OF MEETING MINUTES:
The March 6, 2003 Planning Commission meeting minutes were approved as
presented. ,
ITEM 4: ANNOUNCEMENTS:
Planning Director Daryl Morey reminded the Planning Commission members to let
Ms. Brevig know as soon as possible if they were planning to attend any of .the
Land Use Planning Workshops offered.
Mr. Morey stated that the following items were distributed to the Planning
Commission at tonight's meeting:
1. The Parks, Recreation and Natural Resources Committee motions from
their March 19, 2003 meeting regarding the Crossroads 1St Addition, Lone
Tree Point, and Midwest Asphalt projects.
ITEM 5. LORENE ERICKSON
Chain Stolte opened the public hearing to consider the application of Lorene
Erickson for a Special Home Occupation Permit to allow the operation of a massage
therapy business in her home, located at 17187 Jordan Court. City Attorney
Knutson attested that the legal notice had been duly published in accordance with
state statutes and City Code.
Lorene Erickson was in attendance at tonight's meeting to answer any questions
that the Planning Commission or public may have.
Planning Commission Meeting
March 20, 2003
Page 2
Zoning Enforcement Coordinator Leif Hanson presented the planning report. Mr.
Hanson stated that Lorene Erickson has submitted a special home occupation
permit application for the purpose of operating a massage therapy business out of
her home located at 17187 Jordan Court. Ms. Erickson has submitted detailed
information for the. consideration of her special home occupation: permit. A public
hearing is required to allow Ms. Erickson to establish the massage therapy business
in her home.
Mr. Hanson stated that according to Ms. Erickson's application, the massage
therapy business will be operated in a room located in the basement of the home.
The primary piece of equipment that will be used with the business will be a
massage table. Mr. Hanson indicated that Ms. Erickson will be the sole proprietor
and the only person employed in the massage therapy business. T'he proposed
hours of operation will be Monday through Sunday between 9 a.m. and 9 p.m. Mr.
Hanson stated that Ms. Erickson has proposed to serve not more than one client at
any one time and by appointment only. He indicated that no customers will be
allowed to park on the street. According to the site plan, there is adequate space for
off-street customer parking and there will be no business signage.
Mr. Hanson stated that Ms. Erickson is currently employed as a massage therapist
at a business located in Lakeville and has obtained a 2003 massage therapist license
from the City. He indicated that because Ms. Erickson plans to discontinue her
employment outside the home and begin working exclusively from her home, her
current license will be applied to her home address. The :Zoning Ordinance
requires that the home occupation be reviewed after one year, at which time the
applicant may apply for an extension of the special home occupation permit for up
to 3 years.
Mr. Hanson indicated that he received one e-mail from a neighbor concerned with
increased traffic due to Ms. Erickson's business. Traffic will not be an issue since
only one customer at a time will be served and visits will be by appointment only.
Mr. Hanson stated that should the Planning Commission recommend to the City
Council approval of the Special Home Occupation Permit for Lorene Erickson,
Planning Department staff recommends approval subject to the 9 stipulations listed
in the March 11, 2003 planning report, and approval of the Findings of Fact, dated
.March 20,•2003.
Chair Stolte opened the hearing to the public for comment..
There were no comments from the audience.
03.30 Motion b De 'en Second b Swecker to close the ublic hearin at 6:07 .m,
Y tl ~ Y P g p
Ayes: Reuvers, Swecker, Stolte, Detjen, Drotning.
Planning Commission Meeting
March 20, 2003
Page 3
Nays:O
Commissioner Drotning commented that traffic should not be a problem with this
home occupation when only one client comes at a time and they will be parking in
the driveway.
Commissioner Puncochar addressed the e-mail that was received from a neighbor.
Commissioner Puncochar stated. that the children should not be playing in the cul-
de-sac area and if the neighbors would like more patrolling of their neighborhood,
they should call the Lakeville Police Department and inform them of their request.
03.31 Motion by Reuvers, Second by Drotning to recommend to City Council approval
of Lorene Erickson s Special Home Occupation Permit to operate a massage
therapy business out of her home, located at 17187 Jordan Court, subject to the 9
stipulations listed in the March 11, 2003 planning report, and approval of the
.Findings of Fact dated March 20, 2003.
Ayes: Swecker, Stolte, Detjen, Drotning, Reuvers..
Nays: 0
ITEM 6. CROSSROADS 1ST ADDITION
Chair Stolte opened discussion to consider the final plat of 8 commercial lots, one
church/school lot, and 55 single family lots on six blocks and 19 outlots to be
known. as Crossroads 1St Addition. The proposed final plat is located south of
Dodd Boulevard (CSAH 9) between Cedar Avenue (CSAH 23) and Flagstaff
Avenue. The developers are also requesting approval of a final stage planned unit
development and comprehensive sign plan for Lots 7 and 8, Block L
Don Patton and Mike Suel from D.R. Horton, John Meyers from OPUS Northwest, ,
Dave Stradtman from SuperValu .(Cub Foods), Joel Cooper from James R. Hill, Inc.
and Ed McMenomy were in attendance representing the development at tonight's
meeting to answer any questions that the Planning Commission may have.
Mr. Suei presented an overview of the residential portion of the final plat and Mr.
Meyers presented an overview of the commercial portion of the final plat. They
indicated that the final plat and final stage planned unit development for Lots 7-8,
Block 1 are consistent with the preliminary plat.
Associate Planner Ron Mullenbach presented the planning report. Mr. Mullenbach
stated that the Crossroads 1St Addition final plat will include the reconstruction of
. Dodd Boulevard, subject to a cooperative agreement with Dakota County, the
reconstruction of Flagstaff Avenue as an urban section adjacent to the final plat
boundary, and intersection improvements on Cedar Avenue.
Planning. Commission Meeting
March 20, 2003
.Page 4
i
Mr. Mullenbach stated .that the first phase of this development will also include the
extension of high-pressure watermain through the development to connect to an
existing watermain stub in Gander Lane. A segment of the watermain connection
and lateral sanitary sewer will be constructed. within Outlots L & M within
temporary blanket drainage and utility easements.
Mr. Mullenbach stated that the developers must construct a permanent trunk
sanitary sewer connection through the North Creek. Manufactured Home Park
property to serve the Crossroads 1St Addition. An agreement with the property
owner for this easement could not be reached so the City Council initiated.
condemnation of the easement at their March 17, 2003 meeting.
Mr. Mullenbach stated that the single family lots within the Crossroads 1St Addition
final plat are all zoned RS-3, Single Family Residential District and meet the
minimum lot area and lot width requirements of the RS-3 District. Those .lots
abutting Dodd Boulevard, 179th Street, and Flagstaff Avenue also meet minimum
lot depth requirements for buffer lots and will be required to provide a buffer yard
landscaped berm. He indicated that the grading plan, landscape plan and
easements for the single family lots are in compliance with the buffer yard
landscaping requirements of the Zoning Ordinance. and Subdivision Ordinance.'
Mr. Mullenbach stated that the Crossroads 1St Addition final plat includes eight
commercial lots on one block consisting of approximately 160,000 square feet of
commercial space, anchored by an approximately 69,000 square foot Cub. Foods
store on Lot 8, Block 1. The subject property was zoned PUD, .Planned Unit
Development District with the preliminary plat/development stage planned unit
development to .allow for shared parking, access and maintenance arrangements
among the various tenants. The developer is requesting final stage .planned unit
development approval for Lots 7-8, Block 1.
Mr. Mullenbach. stated that the eight commercial lots meet C-3 District minimum
lot requirements and minimum building setback requirements.
Mr. Mullenbach indicated that .the Block 1 development stage planned unit
development site plan uses cross parking arrangements to ensure adequate parking
for the proposed commercial uses. Some allowances for joint parking will be
allowed between uses with predominantly daytime and nighttime hours of
operation.
Mr. Mullenbach stated that under the planned unit development, parking will be
constructed across interior lot lines. All parking stalls and drive aisles meet the 15-
foot setback from public rights-of-way. All parking stalls are dimensioned in
Planning Commission Meeting
March 20, 2003
Page 5
compliance with Zoning Ordinance requirements, including wider stalls in front of
Cub Foods.
Mr. Mullenbach stated that the developers are proposing a combination of
freestanding monument, pylon, and area identification signs for the commercial
area, which are outlined in the Crossroads Architectural Design Guidelines. The
design guidelines will serve as the comprehensive sign plan for Block L He
indicated that wall signage on the multiple-tenant strip retail buildings will be
consistent with Sign Ordinance requirements.
Regarding the Crossroads Church, Mr. Mullenbach stated that they are proposing a
church with an 800-seat sanctuary and an attached 420-student K-6 elementary
school on Lot 1, Block 2 of the final plat. He indicated that the subject property was
zoned from RM-1 District to PUD, Planned Unit Development District and guided
for Public/Semi-Public uses with the preliminary plat. The church/school will.
require the approval of a conditional use permit and planned unit. development
amendment/final stage planned unit development at the time it is developed.
Mr. Mullenbach stated that the Dakota County Plat Commission reviewed the
Crossroads 1St Addition final plat at their December 16, 2002 meeting. He indicated
that they recommended. approval subject to restricted access being shown along all
of Cedar Avenue (CSAH 23) and Dodd Boulevard (CSAH 9), except for street
openings and the previously approved right-in/right-out driveway on Cedar
Avenue.
Mr. Mullenbach indicated that the Parks, Recreation and Natural Resources
Committee reviewed the final plat at their March 19, 2003 meeting, and
recommended a cash contribution to satisfy park dedication requirements..
Mr. Mullenbach stated that should the Planning Commission recommend to the
City Council approval of the. Crossroads 1St Addition final plat, final stage planned
unit development for Lots 7-8, Block 1, and a comprehensive sign plan forZots 7-8,
Block 1, Planning Department staff recommends approval subject to the 33
stipulations listed in the March 14, 2003 planning report.
Commissioner Drotning asked Mr. Mullenbach to review traffic control at the
three-way intersection of the driveway off of 179th Street and the north-south drive
in front of Cub Foods. Mr. Mullenbach stated that the site plan currently indicates
a two-way stop with incoming traffic allowed to flow freely into the site. While this
is a standard design, it may be beneficial to provide athree-way stop at this
intersection to minimize confusion and avoid stacking in front of Cub Foods. He
added that the crosswalk should be moved to improve safety.
Planning Commission Meeting
March 20, 2003
Page 6
• The Planning Commission discussed with staff and with the developer whether to
shift the crosswalk to the 3-way stop location, or bring the trail into the parking lot
along. the building wall.
Mr. Meyer indicated that the current location of the crosswalk works well with the
grades coming off the trail along 179 Street. Mr. Meyers indicated that they are
willing to work with staff to place the crosswalk at the safest location.
Commissioner Puncochar agreed that the safest location would be at the 3-way
stop.
The Planning Commission agreed to have the developer and staff work out the best
location for the crosswalk and not add a stipulation.
Commissioner Drotning asked what the phasing is for the. utilities. Mr. Mullenbach
stated that all trunk utility improvements will be completed in the first phase.
Lateral utility improvements and local streets will be constructed in future phases.
Commissioner Drotning asked if the developer had a sense of what the timeline
would be for the phases. Mr. Suel indicated that for the residential, the single
family would be built this year, townhomes would be nexf and, depending on the
market, a phase. a year.
Commissioner Drotning appreciated the developers working with staff on the
shared parking areas. Mr. Mullenbach stated that the stipulations are very specific
on the types of uses. Limiting the gross floor area for restaurant uses and for the
multi-tenant strip retail building will make sure that the shared parking
requirement will work.
Commissioner Puncochar questioned if Business. A sells to Business B, how do we
know whether the parking will still be correct if a joint parking arrangement is
approved. Mr. Mullenbach indicated that the final. PUD Agreement can stipulate
whether any new business must be a predominantly daytime or nighttime business,
depending on the agreement.
Commissioner Swecker indicated that she felt that making this a PUD was a very
good idea so the development can be looked at piece by piece.
Commissioner Puncochar asked about the installation of traffic signals at Cedar
Avenue and 179 Street and at Dodd Boulevard and Glacier Way.. Dave Olson,
Director of Community and Economic Development indicated that City staff and
the developer are working with Dakota County regarding these traffic signals.
Everyone agrees that warrants have to be met prior to signals being installed,
however, City staff and the developer would like to purchase the signals in advance
so that they can be installed immediately once warrants are met.
Planning Commission Meeting
March 20, 2003
Page 7
Commissioner Detjen, along with the rest of the Planning Commission agreed that
the developer had followed the preliminary plat very well and liked the project.
03.32 Motion by Drotning, Second by Detjen to recommend to City Council approval of
the Crossroads 1St Addition final plat of 8 commercial lots, one church/school lot,
55 single family lots on six blocks and 19 outlots to be known as Crossroad 1St
Addition, a finalstage planned unit development and comprehensive signplan for
Lots 7-8, Block 1, located south of Dodd Boulevard (CSAH 9) between Cedar
Avenue (CSAH 23) and Flagstaff Avenue, subject to the 33 stipulations listed in the
March 14, 2003 planning report.
Ayes: Stolte, Detjen, Drotning, Reuvers, Swecker.
Nays: 0
ITEM 7. LONE TREE POINT (F{KIA OAK POINT SHORES)
Chair Stolte opened the public hearing to consider the application of Judith Stavros,
Carroll Brown, and John and Jean Osbourne for the preliminary plat of 8 single-
family residential lots to be known as Lone Tree Point and a variance for cul-de-sac
. street length in excess of 600 feet.. The project is located east of Kenrick Avenue and.
north of Lake Marion. City Attorney Knutson attested that the legal notice had
been dulypublished in accordance with state statutes and City Code.
Steve Albrecht, project engineer from Bolton & Menk Inc..was in attendance at
tonight's meeting representing the developers. Mr. Albrecht presented. a brief
history and an overview of the project.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Judith Stavros, Carroll Brown and John and Jean Osborne have applied
for a preliminary plat and a cul-de-sac street length variance for the development of
Lone Tree Point, which consists of 8 single family residential lots on 16.39 acres
located east of Kenrick Avenue and north of Lake Marion. He indicated that the
subject property is zoned RS-2, Single Family Residential District and is located in
the Shoreland Overlay District of Lake Marion.
Mr. Dempsey indicated that the lots within the preliminary plat meet or exceed the
minimum lot area and width requirements of the RS-2 Single Family Residential
District .and S, Shoreland Overlay District. There are no lots requiring increased
buffer yard size and setbacks in the Lone Tree Point preliminary plat. The
proposed house pads shown on the Lone Tree Point grading, drainage and erosion.
control plan indicate that a118 lots have adequate building pad areas and will meet
building setback requirements.
Planning Commission Meeting
March 20, 2003
Page 8
. The developers have incorporated the John and Jean Osborne property and their
existing house into the preliminary plat. Currently, the Osborne property is a legal
non-conforming parcel of record because it is less than the 10 acres required for an
un-sewered property. In addition, the existing house does not meet the minimum
100-foot setback to the Lake Marion Ordinary High Water Level (OHWL) for a
house served by a septic system.
The preliminary plat includes the existing Osborne home within a lot in compliance
with. front and side yard setback requirements. The Osborne house is required to
connect to City sewer within. two years after completion of the. Lone Tree Point
street and utility improvements. With City sanitary sewer serving the house, the
Zoning Ordinance allows a 75-foot setback from the OI-iWL of Lake Marion..
.Therefore, the proposed preliminary plat will result in elimination of the lot size
non-conformity and a reduction in the OHWL setback non-conformity. The non-
conforming status of the house means that any future expansions to the house must
meet the 75-foot OHWL setback requirement and will require approval of a
conditional use permit. The existing Osborne house will remain a legal non-
conforming structure until it is removed and a new conforming house is
constructed.
Mr. Dempsey stated that the 8 lots in the Lone Tree... Point preliminary plat are..
• served by a cul-de-sac exceeding the maximum allowable length for a cul-de-sac
street of 600 feet. He indicated that the Subdivision Ordinance allows a variance for
cul-de-sac .length when area topography or other physical site conditions warrant a
cul-de-sac or when a through street is not physically feasible or desirable due to
environmental or access spacing considerations. Mr. Dempsey stated that the
Planning .Department and Engineering Department staff supports the variance for
cul-de-sac length due to the wetlands, topographic and lakeshore features of the
property that prevent a through street connection.
Mr. Dempsey stated that the City's 1999 Park and Open Space System Plan does not
identify a need for public open space within the Lone Tree Point preliminary plat
area. Therefore, staff is recommending a cash contribution to satisfy park
dedication. requirements. The Parks, Recreation and Natural Resources Committee
reviewed the preliminary plat at their March 19, 2003 meeting and recommended a
cash contribution.
Mr. Dempsey stated that should the Planning Commission recommend: to City
Council approval of the Lone Tree Point preliminary plat and variance for cul-de-
sac length, Planning Department staff recommends the 14 stipulations listed in the
March 14, 2003 planning report. and approval of the Findings of Fact for the
. Variance request, dated March 20, 2003.
Chair Stolte opened the hearing to the public for comment.
Planning Commission Meeting
March 20, 2003
Page 9
Thomas Klausler,10213 205th Street, Lakeville
Mr. Klausler asked if the trail would be extended toward Casperson Park.
Mr. Dempsey indicated that the trail will not be extended to Casperson .Park in
conjunction with the Lone Tree Point development. Mr. Morey indicated that the
trail would be extended when Kenrick Avenue is upgraded to an urban section and
brought into the MUSA.
03.33 Motion by Swecker, Second by Drotning to close the public hearing at 7:05 p.m.
Ayes: Detjen, Drotning, Reuvers, Swecker, Stolte.
Nays: 0
Commissioner Reuvers was. impressed with staff and the development team for this
project because of the challenging site. Chair Stolte agreed.
Commissioner Swecker. asked Mr. Osbourne how long he planned on staying in his
current home. Mr. Osbourne indicated it would be at least five years, and .probably
longer.
• Mr. Morey indicated that the preliminary plat did not initially include the
Osbourne's lot, but by adding the lot it does clean up the lot line configuration and
reduce the parcel's non-conformities. Assistant City Engineer Jay Rubash added
that it will eliminate a private septic system along Lake Marion.
Commissioner Detjen asked if there are any shoreland bluff issues with this plat.
Mr. Dempsey indicated that there are no bluffs on the property.
Commissioner Drotning confirmed that the Osbourne house can .stay on the
property indefinitely, but will be non-conforming. Therefore, future additions
would have to meet all setback requirements and could be approved through a
Conditional Use Permit. Also, if the house is destroyed more than 50% of its value,
the house could only be re-built in a location meeting all setback requirements.
03.34 Motion by Reuvers, Second by Drotning to recommend to City Council .approval....
of the Lone Tree Point preliminary plat and variance for cul-de-sac length, located
east of Kenrick Avenue and north of Lake Marion, subject to the 14 stipulations
listed in the March 14, 2003 planning report and approval of the Findings of Fact for
the Variance request dated March 20, 2003.
Ayes: Drotning, Reuvers, Stolte, Detjen.
Nays: Swecker
Planning Commission Meeting
March 20, 2003
Page 10
• Commissioner Swecker's stated that her reason for voting against the project. is that
she would prefer to see the existing non-conforming home owned by John and Jean
Osbourne removed from the property or brought into conformance with all setback
requirements.
Break at 7:20 p.m.
Reconvened at 7:30 p.m.
ITEM 8. MIDWEST ASPHALT, INC.
.Chair. Stolte opened the public hearing to consider the application of Midwest
Asphalt Corporation for an Interim Use Permit to allow the expansion of
.excavation and mining at the existing Midwest Asphalt sand and gravel mining
operation, located east of Interstate 35 and north of 195 Street. City .Attorney
Knutson attested that the legal notices had been duly published in accordance with
state statutes and City Code.
David .Sellergren, attorney representing Midwest Asphalt, Dave Blanski of Midwest
Asphalt, and Bob Payette of Sathre-Bergquiste were in attendance at tonight's
meeting to answer any questions that the Planning Commission or public may
have. Mr. Sellergren presented an overview of the request. He indicated that
• Midwest Asphalt does not. own the property. Midwest Asphalt leases the land
.from Richard Bury. Mr. Sellergren requested that the application be tabled so
Paragraphs 3b, 3h, 3o and 3r of the Interim Use Permit can be addressed.
Associate. Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Midwest Asphalt has submitted an application. for an Interim Use
Permit (IUP) to allow an expansion of the existing sand and .gravel mining
operation. The expansion would .allow Midwest Asphalt to mine approximately
65,000 cubic yards of sand and gravel .along the east boundary of the existing gravel
mine.
Mr. Dempsey stated that the IUP. application includes a plan providing detailed
information on existing physical characteristics of the property, a map showing the
proposed limits of mining and a grading plan identifying the location of existing
woods and wetlands in the vicinity of the mining area.
Mr. Dempsey indicated .that last year staff discovered that an unlicensed tree
removal company had begun clear-cutting large stands of mature trees throughout
the perimeter of the property. This was done without the knowledge of the City of
Lakeville. He indicated that the City Attorney's office has initiated a court action
• against the property owner for the illegal removal. of the trees.
Planning Commission Meeting
March 20, 2003
.Page 11
• Mr. Dempsey stated that staff inspected the site and counted approximately 320
trees, 6 inches in diameter or larger, that were removed. It is estimated that 250
trees were removed from the bluff and shore impact zone. He indicated that the
property owner will be responsible for replacing these 250 trees with 2 1/z inch
diameter trees of the same species, mainly oaks, on the bluff area. A minimum of
80% of the replacement trees must be red, white or pin oak trees: The remaining
20% maybe hard maple or ash trees.
Mr. Dempsey stated that prior to City Council consideration of the IUP, the
landscape plan must be revised to show the replacement trees and the property
owner must provide a cash. security or letter of credit to guarantee installation of
the replacement trees.
Mr. Dempsey stated that the subject property is located in Planning District No. 10
in the- Comprehensive Plan and located in the 2015 MUSA. Gravel mining is an
allowed use in all zoning districts outside the current MUSA and MUSA Expansion
Area A subject to the approval of an Interim Use Permit. He indicated that there
have been no past complaints filed by the public. in regard to Midwest Asphalt.
.mining activities.
Mr. Dempsey indicated that the Parks, Recreation and Natural Resources
Committee reviewed the' excavation and mining plan at their March 19, 2003
meeting. Their recommendation was to table this item until they receive. more.
detailed information concerning the number of trees illegally removed from the
bluff areas. '
Mr. Dempsey stated that Midwest Asphalt has submitted a mining and reclamation
plan outlining the proposed mining area and reclamation in detail along with
addressing required information, which is listed in the March 14,.2003 planning
report.
Mr. Dempsey stated that should the Planning Commission recommend to the City
Council approval of the Midwest Asphalt Company Interim Use Permit, Planning
Department staff recommends approval subject to the 23 stipulations listed in the
March 14, 2003 planning report, and approval of the Findings of Fact dated March
20, 2003.
Chair Stolte opened the hearing to the public for comment.
There were no comments from the audience.
• 03.35 Motion by Drotning, Second by Swecker to close the public hearing at 7:45 p.m.
Ayes: Drotning, Reuvers, Swecker, Stolte, Detjen.
Nays:
Planning Commission Meeting
March 20, 2003
Page 12
Commissioner Drotning questioned the relationship of the landowner and the
operator of Midwest Asphalt. Mr. Sellergren indicated that the Richard Bury, the
landowner, is leasing the land to his son who is employed by Midwest. Asphalt.
Commissioner Drotning then asked who decided to cut the trees down. Mr.
Sellergren stated that it was not ordered by Midwest Asphalt.
Commissioner Drotning stated that there are two other active mining companies in
the. City of Lakeville and we have a good idea what their reclamation and end use
.plans will be. He indicated that the Planning Commission will need a good
understanding of Midwest Asphalt's reclamation plan before he is willing to
approve this Interim Use Permit because of the lack of credibility of the property
owner as illustrated by his willingness to remove trees in violation of City
ordinances.
Planning Commission members agreed that there is a stewardship issue and they
are having a hard time #rusting the owner of the property.
Mr. Sellergren stated that they are willing to post a letter of credit to guarantee the
installation of the trees.
• Mr. Morey stated that any concerns with the stipulations of the Interim Use Permit
should be addressed at tonight's Planning Commission meeting.
Commissioner Drotning commented. on the conditions in the IUP regarding the
orange snow fence installed at the boundary of the bluff impact zone and shore
impact zone, and regarding the rock crushing on Saturdays. Mr. Morey indicated
that we will get a recommendation from the Parks, Recreation and Natural
Resources Committee regarding the snow fence, rock crushing and the tree
replacement at their April 2, 2003 meeting.
Commissioner Drotning stated that we need to hold Midwest Asphalt to the same
high standards to which we hold other mining operations in regard to their end use
plans.
Commissioner Swecker asked if there have been any other complaints about the
property. Mr. Blanske indicated that there have been no complaints on the
operation of the mine.
The Planning Commission indicated that they wanted a reclamation plan and an
end use plan submitted prior to consideration of this IUP. Mr. Sellergren indicated
that with the time limit that we have it was more important to submit the
reclamation plan than the end use plan.
Planning Commission Meeting
March 20, 2003
Page 13
• Commissioner Detjen confirmed that the owner of the property would be the end
user of this land. Commissioner Drotning stated that due to past behavior of the
property owner and the timeline when this IUP needs to be voted.'on, the owner,
leasee, and city need to get together and confirm what will happen in the future so
there is no more confusion.
Mr. Knutson confirmed that the IUP is under a statutory time line and the City
Council would need to vote on this IUP by April 22, 2003. Mr. Morey stated that in
lieu of this, a letter of credit to guarantee tree replacement and end use plan be
accepted.
Mr. Sellergren asked the Planning Commission what their ideas were for the end
use .plan.. The Planning Commission agreed that it should tie into. the amenities in
this area, including Casperson Park.
Planning Commission members appreciated Mr. Sellergren's comments and
requested the owner and his son to be in attendance at the April 3, 2003 Planning
Commission meeting to assure everyone of a good outcome.
03.36 Motion by Detjen, .Second by Drotning to table this request until -the April 3, 2003
• Planning Commission meeting.
Ayes: Reuvers, Swecker, Stolte, Detjen, Drotning.
Nays: 0
There being no further business, the meeting was adjourned at 8:20 p.m.
Respectfully submitted,
Penny ig, Recording ecretary
ATTEST:
~~~%~Z
\ Lowell Miller Stolte, Chair
•