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HomeMy WebLinkAbout1999 a CITY OF RO S E M O U N T CITY HALL 2875 145th Street West Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone: 651 423 -4411 Hearing Impaired 651 423 -6219 Fax: 651-423-5203 Planning Commission Regular Meeting Minutes January 12, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, January 12, 1999. Vice Chairperson Mark DeBettignies called the meeting to order at 6:40 p.m. with members Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Chairperson Droste arrived at 7:00 p.m. Also in attendance was Community Development Director Dan Rogness. There were no additions or corrections to the agenda. ip MOTION by Weisensel to approve the December 22, 1998 Regular Planning Commission Meeting Minutes. Seconded by Tentinger. Ayes: DeBettignies, Tentinger, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on January 5, 1999 and discussed the issues related to the HRA development and Tavern on 42. Old Business: 2020 Comprehensive Plan Update Mr. Rogness explained proposed revisions made to the draft 2020 Comprehensive Guide Plan based upon public comment and staff recommendations. Comments from the Met Council and Dakota County have not yet been received. Chairperson Droste tabled discussion on the Comprehensive Plan to follow the scheduled public hearing. Public Hearing: Zoning Ordinance Text Amendment Signs Chairperson Droste opened the public hearing on the Zoning Ordinance Text Amendment. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Rogness presented the application by Ron Kraus, owner of the Dairy Queen, that the sign Planning Commission Regular Meeting Minutes January 12, 1999 Page 2 ordinance be amended to allow an off premise sign at the former Tom Thumb location. The Dairy Queen wishes to share the allowed sign space with the on -site business. Maturing landscaping has obsured its view from CR 42, and an off premise sign would allow it to take advantage of CR 42 exposure. Mr. Rogness reviewed the proposed changes to the sign ordinance. Commissioners discussed issues related to the compatability of signs in material, lighting, and design; limitation of the number of off premise signs allowed on a site; and the maximum distance from the site identified on the off premise sign. Chairperson Droste opened the floor to the applicant. Ron Kraus explained the need for an off premise sign and showed examples of signage in Apple Valley. Commissioner Tentinger indicated his preference to limit off premise signage to advertising only, not directional. Chairperson Droste opened the floor to the public. Jim Lambeth of CMC Heartland Partners, offered his support for off premise signs. Regarding development signs, he requested the size requirement for signs be determined by location, on -site signage not be reduced by the amount of off -site signage, and location restrictions be expanded to a one -mile radius. Steve Koppel of McDonalds, noted the 2,000' radius would also permit McDonald's to advertise at other locations, and he expressed concern with the city's ability to regulate this type of signage. Briggs Napier of CMC Heartland Partners requested that CMC be allowed to advertise the Bloomfield development on the Eastbridge property also owned by CMC. John Ursino of Tavern on 42, inquired as to the determination of which business is entitled to the off premise portion of a sign; he further supported a proposed sign ordinance amendment. MOTION by Tentinger to close the public hearing. Seconded by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Commissioners noted their support for an amendment to the sign ordinance, with additional conditions. Development signs are temporary in nature and should be dealt with separately. Regarding development signs, regulations as to maintenance and time restrictions should be CITY HALL CITY OF ROSEMOUNT 2875 145th Street West g G Rosemount, MN Everything's Coming Up Rosemount!! 55068-4 Phone: 651-423-4411 s e° Hearing Impaired 651- 423 -6219 Fax: 651-423-5203 Planning Commission Regular Meeting Minutes January 26, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, January 26, 1999, immediately following a work session on development of the Kelley Trust property. Chairperson Bill Droste called the meeting to order at 7:08 p.m. with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were City Administrator Tom Burt, Community Development Director Dan Rogness, City Planner Rick Pearson, Civil Engineer Doug Litterer, and Intern Jill Hutmacher. Mr. Pearson requested agenda item 4- Department Announcements be amended to include the Saturday tour concerning the Kelley Trust development. There were no other additions or corrections to the agenda. Due to the late start, Chairperson Droste moved agenda items 3 through 6 to follow the public hearings. Public Hearing: Zoning Ordinance Text Amendment Signs Chairperson Droste opened the public hearing on the Zoning Ordinance Text Amendment, continued from January 12, 1999. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the revised amendment to the sign ordinance, which incorporated comments from the previous Planning Commission meeting. The amendment pertains only to Business Park, Commercial and General Industrial applications. Development signs will be dealt with separately at a later time. Commissioners discussed issues related to the absence of language pertaining specifically to directional signs and clarification as to the point of origin for measuring the distance from the off premise site. Planning Commission Regular Meeting Minutes January 26, 1999 Page 2 Chairperson Droste opened the floor to the applicant. The applicant had no additional comments. Chairperson Droste opened the floor to the public. Briggs Napier of CMC Heartland Partners inquired about when the development sign issue would be addressed. MOTION by Tentinger to close the public hearing. Seconded by DeBettignies. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Commissioners requested that subparagraph (d) of the ordinance amendment be changed to clarify the measurement to be from the off premise sign to the closest building point for the advertised business, and subparagraph (e) be changed to include language prohibiting arrows or other directional language on the off premise sign. MOTION by Tentinger to recommend that the City Council adopt an amendment to the sign ordinance which will permit off premises business signs in the Commercial, Business Park and General Industrial Districts, subject to changes to subparagraph (d) clarifying the measurement to be from the off premise sign to the closest building point for the advertised business and to subparagraph (e) adding language which specifically prohibits arrows or other directional language on the off premise sign. Seconded by DeBettignies. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Public Hearing: 2020 Comprehensive Guide Plan Chairperson Droste opened the public hearing on the 2020 Comprehensive Guide Plan Update. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Mr. Rogness provided background information on the comprehensive plan update and a general description of the process. Mr. Rogness requested the public hearing be continued to the next Planning Commission meeting to review comments expected from the Metropolitan Council and to discuss in more detail the Mississippi River Critical Corridor chapter. In addition to the written comments included in the Executive Summary prepared for this public hearing, Mr. Rogness presented comments from Washington County, CMC Heartland Partners, the City of Apple Valley, and Dakota County. All written comments were entered into the public hearing record. Ms. Hutmacher highlighted recent changes to the draft plan, including household/population Planning Commission Regular Meeting Minutes January 26, 1999 Page 3 projections and the MUSA phasing plan. At the request of property owners, the areas located southwest of the 42/52 intersection and southeast of the golf course are guided for industrial use. The Transition Residential area has been expanded to the Birch View area and north along Hwy. 3. Mr. Rogness reviewed the housing chapter of the plan, indicating that housing growth for the years 2000 -2020 is estimated at an average of 225 units per year, with a housing mix by 2020 of 75% single family and 25% multi family. Chairperson Droste opened the floor to the public. Joe Jacoby, Danner, Inc., inquired whether the Danner property south of 42 is included in the industrial land use designation. Carl Rock, 12565 Danbury Way, was concerned with density in the Transition Residential area and would like to see it at 1 du/acre. Cathy Herman, 12553 Danbury Way, expressed her concerns with maintaining the rural character of the community and the effect the Kelley Trust development will have on schools and traffic on Shannon Parkway. Mike Jones, 12510 Danbury Way, is concerned about the Kelley Trust property density. Doug Boomer, 12545 Danbury Way, is also concerned about density on the Kelley Trust property and wishes to maintain the openness of the area. Jean VanOrsow, 12861 Shannon Parkway, feels the Kelley Trust area is too dense, the streets were not built to handle the level of traffic the development will generate, horses kept on property to the north may present liability issues, and the Kelley family should consider the historical value of this property and leave it undeveloped as a legacy to the community. Karl Biewald, 12530 Danbury Way, was concerned about the Kelley Trust property density. Susan Klang, 13087 Charlston Way, believes 1 du/ac. is too dense for the Kelley Trust property. She inquired about road connections and wildlife studies. Mark Waldof, 12526 Danbury Way, was concerned about an appropriate transition from Rural Residential to Transition Residential and about traffic on Shannon Parkway. Planning Commission Regular Meeting Minutes January 26, 1999 Page 4 Cathy Herman, 12553 Danbury Way, expressed her concern that wildlife in the Kelley Trust area will be affected by the noise. Dennis Wippermann, 12538 Danbury Way, indicated the City Council previously agreed on an overall density of 1 du/ac in the Kelley Trust area. Mr. Wippermann noted various revisions throughout the draft Comp. Plan. Commissioner Weisensel suggested the 2020 Comp Plan reference the 1993 2000 Comp Plan and identify those changes within Rosemount that highlight the new plan versus the old plan. He also supported the Business Park designation for the CMC property north of Hwy. 42. Commissioner Shoe Corrigan requested consideration of the concerns raised by Craig Minnea regarding an equitable distribution of multifamily housing. Also, comments from Dakota County regarding slopes should be included in the plan. Ms. Shoe Corrigan supports continuation of the Business Park designation for the CMC property north of Hwy. 42. Concerning density in the Transition Residential district, she suggested stronger language defining transition. Chairperson Droste, noting the desire for Rosemount to remain a rural community, encouraged long range plans which take into account a change in dynamics and Rosemount's connection to the metropolitan area. Commissioner Tentinger supported the Business Park designation for the CMC property north of Hwy. 42. For the Kelley Trust area, he suggested 1 acre lots on the western part and higher density closer to Hwy. 3. He recommended additional Transition Residential east of Hwy. 3 in the northern part of Rosemount, with more gradual transition between the rural residential and urban residential areas. Commissioner DeBettignies also supported the Business Park designation for the CMC property north of Hwy. 42. Commissioners agreed that the High Density Residential designation in the northwest corner of Hwy. 42 Akron Avenue should be eliminated. There was support for High Density Residential on the south side of Hwy. 42 within proximity of the technical college. MOTION by Droste to continue the public hearing until February 9, 1999 (to allow all comments to be received/discussed). Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes January 26, 1999 Page 5 Chairperson Droste returned to agenda item 3. MOTION by DeBettignies to approve the January 12, 1999 Regular Planning Commission Meeting Minutes, with a correction to the spelling of Jeffery Weisensel's name. Seconded by Droste. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on January 19, 1999. There was discussion concerning the Tavern on 42 and HRA matters. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 9:40 p.m. Respectfully submitted Dianne G. Quinnell Recording Secretary a CITY HALL ft C I TY OF RO S E M O U N T 2875 145th Street West k Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone: 651 423 -4411 Hearing Impaired 651-423-6219 Fax: 651-423-5203 Planning Commission Annual Meeting Minutes February 9, 1999 Mayor Cathy Busho swore in newly appointed Commissioner Sheila Klassen to the Planning Commission. Planning Commission Chairperson and Vice Chairperson Nominations and Elections Pursuant to due call and notice thereof, the Annual Meeting of the Planning Commission was duly held on Tuesday, February 9, 1999. As per Planning Commission By -Laws, nominations for officers shall be taken at the Annual Meeting. MOTION by Weisensel to nominate Droste as Planning Commission Chairperson. Seconded by Tentinger. Ayes: Klassen, Tentinger, Droste, and Weisensel. Nays: 0. Motion carried. MOTION by Droste to close nominations for Planning Commission Chairperson. Seconded by Klassen. Motion carried unanimously. Commissioners voted by secret ballot to elect the Planning Commission Chairperson. The ballots were counted by the Recording Secretary. Droste was elected as 1999 Planning Commission Chairperson. MOTION by Droste to nominate Tentinger as Planning Commission Vice Chairperson. Seconded by Klassen. MOTION by Tentinger to nominate Weisensel as Planning Commission Vice Chairperson. Seconded by Droste. MOTION by Droste to close nominations for Planning Commission Vice Chairperson. Seconded by Weisensel. Ayes: Tentinger, Droste, Weisensel, and Klassen. Nays: 0. Motion carried. Commissioners voted by secret ballot to elect the Planning Commission Vice Chairperson. The ballots were counted by the Recording Secretary. The vote was a tie. Commissioners voted a second time by secret ballot to elect the Planning Commission Vice Chairperson. The ballots were counted by the Recording Secretary. The vote was a tie. MOTION by Weisensel to remove his name from the nominations for Planning Commission Vice Chairperson. Seconded by Klassen. Ayes: Droste, Weisensel, Klassen, and Tentinger. Nays: 0. Motion carried. Planning Commission Annual Meeting Minutes February 9, 1999 Page 2 Commissioners voted a third time by secret ballot to elect the Planning Commission Vice Chairperson. The ballots were counted by the Recording Secretary. Tentinger was elected as 1999 Planning Commission Vice Chairperson. Chairperson Bill Droste called the meeting to order at 6:40 p.m. with members Sheila Klassen, Jay Tentinger and Jeffery Weisensel present. Commissioner Kim Shoe Corrigan was absent. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, Civil Engineer Doug Litterer, and Intern Jill Hutmacher. There were no additions or changes to the agenda. Commissioner Weisensel requested the Minutes for the January 26, 1999 meeting be amended to reflect his support for a Business Park designation for the CMC property located north of CSAH 42. MOTION by Droste to approve the January 26, 1999 Regular Planning Commission Meeting Minutes, as amended. Seconded by Tentinger. Ayes: Weisensel, Tentinger, and Droste. Present: Klassen. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on February 2, 1999. There was a discussion concerning the possibility of a Kelley Trust moratorium and the HRA extension. MOTION by Droste to recess the meeting at 6:50 p.m. Seconded by Klassen. Motion carried unanimously. Chairperson Droste reconvened the meeting at 7:00 p.m. Public Hearing: Comprehensive Guide Plan Update This public hearing is continued from the January 26, 1999 meeting. Mr. Rogness presented a summary of the changes made to the proposed 2020 Comprehensive Plan Update based upon written and verbal comments. A copy of a letter from Orrin Kirschbaum was entered into the record. Further direction was requested from the planning commission on issues related to High Density Residential in the area northwest of the technical college, additional General Industrial east of Hwy. 52, Transition Residential designation for the Kelley Trust property, and the new Mississippi River Critical Corridor chapter. Chairperson Droste opened the floor to the public. Planning Commission Annual Meeting Minutes February 9, 1999 Page 3 Myron Napper, 3381 145th St. E., was concerned about preservation of the Mississippi River area and objected to additional industrial use north of Hwy. 55. Mr. Napper suggested the area south by Hwy. 42 would be more appropriate for industrial expansion. Tim Erkkila, Westwood Professional Services, representing the Kelley Trust. Mr. Erkkila discussed issues related to density calculations and preserving amenities through clustering. Homer Tompkins, Contractor Property Developers Co., representing the Kelley Trust. Mr. Tompkins objected to low maximum density in the Transition Residential area, resulting in lots which are not economically viable or marketable. If limiting the TR designation in the northern 1/3 of the property, consideration must be given to the vegetation on the east side. Mr. Tompkins would support a moderate density for the site. Mr. Tompkins indicated the neighborhood meeting has been changed to Thursday, February 18. Hampton O'Neill, Casper, Wyoming, representing the Kelley Trust. Mr. O'Neill asked the city to consider the fiscal impact to the city, developer, and landowner if the present zoning designation is changed. Mr. O'Neill explained the discrepancies in the letter from Donna Bergsgaard as to the origin of the Kelley Trust ownership of the property and contributions by the Kelley Trust to the city and school. Reid Hanson, 14450 South Robert Trail, representing CMC Heartland Partners, relayed CMC's objection to the Business Park designation for the Eastbridge property, as recommended by the Planning Commission. Mr. Hanson explained the benefits to preserving the Urban Residential designation for this property. Orrin Kirschbaum, referenced his letter to the Planning Commission requesting that his property located north of Hwy. 55 be rezoned for industrial use. With industrial use adjacent to his property, it would be difficult to sell his property with its present agriculture designation. Commissioners discussed the four comprehensive plan issues highlighted by Mr. Rogness. All commissioners noted their support for future High Density Residential within the college property, not including the property in the northwest corner of Hwy. 42 Akron Ave. Commissioner Klassen recommended additional language specifically limiting this to student housing. There was discussion concerning industrial use along the Mississippi River corridor and the desire to protect the resources and mitigate pollution concerns. A transition to lower intensity was recommended east of the Endres property. Mr. Pearson explained that regulations are in place for transition. Mr. Rogness indicated he received a call from a resident with concerns of expansion of industrial development south of Hwy. 42. Planning Commission Annual Meeting Minutes February 9, 1999 Page 4 Greg Fox, 15291 Emery Avenue, inquired about the phasing plan for industrial growth. Following discussion, all commissioners supported the 2nd draft plan map with 1,075 net acres of additional General Industrial areas east of Hwy. 52. There was further discussion concerning the Transition Residential designation and issues related to clustering, density, buffering, and transition from rural residential to urban residential. Commissioners supported designating a moderate density for the full 540 -acre Kelley Trust site. Commissioners discussed the Mississippi River Critical Corridor chapter and recommended the proposed chapter be approved as written in the draft. It was recommended that no change be made in the zoning designation for Mr. Kirschbaum's property until the need arises. Myron Napper, restated his opposition to industrial development north of Hwy. 55. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Klassen, Tentinger, Droste, and Weisensel. Nays: 0. Motion carried. MOTION by Droste to recommend the 2020 Comprehensive Plan Update to the City Council, with the following additional items: A) To support future High Density Residential within the technical college property, not as drafted, specifically limiting such housing to student housing only; B) Regarding General Industrial in eastern Rosemount, support the 2nd draft plan map with 1,075 net new acres; C) Regarding Transition Residential, designate a moderate density for the full 540 -acre site; and D) Regarding the Mississippi River Critical Corridor chapter, recommend approval of the proposed chapter as written in the draft. Seconded by Tentinger. Ayes: Tentinger, Droste, Weisensel, and Klassen. Nays: 0. Motion carried. The newspaper inadvertently neglected to publish the public hearing notices concerning the scheduled public hearings. After confirming there were no comments from the audience concerning any of the public hearings, Chairperson Droste announced the public hearings will be rescheduled for February 23. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 9:40 p.m. ctfully s fitted, ht- Dianne G. Quir Recording Secretary CITY OF ROSEMOUNT 2875 145 thS St t ree tWest t Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone: 651-423-4411 Hearing Impaired 651 423 -6219 Fax: 651 -423 -5203 Planning Commission Regular Meeting Minutes February 23, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, February 23, 1999. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Sheila Klassen, Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, Public Works Director /City Engineer Bud Osmundson, and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Droste to approve the February 9, 1999 Annual Planning Commission Meeting Minutes. Seconded by Klassen. Ayes: Klassen, Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on February 16, 1999. Mr. Rogness summarized the partial moratorium ordinance adopted by the City Council. The moratorium, in effect for 12 months, prohibits any new residential development excluding previous preliminary plat approvals, rural residential development, and individual lot development. Projects presently in the concept plan process are allowed to move forward, but no approvals will be granted beyond the concept stage. MOTION by Droste to recess the meeting until 7:00 p.m. Seconded by Tentinger. Motion carried unanimously. Public Hearing: Kelley Trust Concept PUD Chairperson Droste opened the public hearing on the Kelley Trust Concept PUD. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Planning Commission Regular Meeting Minutes February 23, 1999 Page 2 Mr Pearson presented the application by Contractor Property Developers Company for the Concept PUD for development of the Kelley Trust property. Mr Pearson explained the steps in the process which a development must go through for approval. The 1980 and 1993 Comprehensive Plans were reviewed, showing historical plans for this property to be developed as a transition/cluster area. Urban cluster developments are encouraged to create greenspace for buffering and to preserve natural features. Chairperson Droste opened the floor to the Applicant. Homer Tompkins of Contractor Property Developers Company was present and referenced the recent neighborhood meeting. Tim Erkkila described the plans for development. He summarized the neighborhood meeting, indicating the topics addressed included the PUD process, urban sprawl, project density, traffic issues, schools, townhouse development, and transition for rural residential on the northern boundary. Mark Putnam presented a slide demonstration showing examples of neighborhood designs, street designs, and amenities. Chairperson Droste opened the floor to the public. A gentleman asked the developer if he was aware of what appeared to be a gravestone on the property. Mr. Erkkila confirmed it was a gravesite for a family dog. Sara Trachet, 4635 129th St., Apple Valley, had questions concerning cluster housing, a smooth transition, communications between Rosemount and the City of Apple Valley concerning open spaces and whether the open spaces would be available to all residents, and the assessed values of homes in the Country Hills area. Mr. Erkkila explained the concept of open spaces, buffering along the northern boundary and placement of the homesites. The development plans are compatible with plans for the Apple Valley portion. Public access to open spaces is not yet determined, depending upon whether the city accepts the burden or if such spaces will remain privately owned. Staff was instructed to perform density comparisons with Country Hills and Shannon Hills developments. Doty Russell, 12930 Shannon Parkway, has concerns regarding traffic, transitional zoning, and Planning Commission Regular Meeting Minutes February 23, 1999 Page 3 preservation of wetlands. There was a discussion regarding the wetlands. Wetland issues will be addressed in the next phase of the development. Mr. Pearson reviewed a map showing an inventory of the wetlands on the subject property. The city will follow all state laws protecting and mitigating wetlands, in addition to city standards which are in place. Mr. Osmundson addressed the traffic issues on Shannon Parkway and Connemara Trail. Mr. Erkkila indicated the developer will prepare a traffic analysis. Jim Frisbee, 4690 129th St., Apple Valley, had concerns regarding the watershed and dumping water into Birger Pond and feels a pumping station is necessary. He also expressed concern about increased traffic on Diamond Path between Connemara and Pilot Knob. Mr. Osmundson explained that Apple Valley and Rosemount are working together on a pumping station, which will be done regardless of the progress of the Kelley property development. Mr. Osmundson also responded to concerns regarding Diamond Path. Richard Eastwood, 14018 Clover Lane, had questions regarding the city council, planning commission, schools, and any other entities working together, architectural standards, and protection of Carroll's Woods. Discussion continued concerning communications with the school district and conditions for approval in meeting architectural standards. Mr. Erkkila explained the townhomes abutting Carroll's Woods are positioned to create an open space area with increased setback. Mark Fonfara, 13927 Dallas Court, expressed concerns with the extension of Connemara Trail and that people would have to cross the street for access to the park. Mr. Fonfara recommended making Connemara a parkway. Mike Thompson, 13587 Dellwood Way, noted safety concerns with the trail underpass and felt there are too many townhomes which do not hold their value. He would prefer more traditional style single family homes. Ann Loch, 13411 Diamond Path, Apple Valley, offered her support of the development plan. She expressed concerns with flooding and indicated the pumping station on the Apple Valley side is not large enough. Ms. Loch serves on the school site council and stated the school is presently looking at boundaries for this development. Planning Commission Regular Meeting Minutes February 23, 1999 Page 4 Lee Bottem, 13890 Shannon Parkway, was concerned with notification to residents of the plans for Connemara Avenue. He suggested stop signs on Connemara to slow down traffic. Discussion continued regarding the incorporation of recommended changes into the concept plan and trail connections to the downtown area. MOTION by Tentinger to continue the public hearing on the Kelley Trust Concept PUD until March 9, 1999. Seconded by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and Klassen. Nays: 0. Motion carried. Chairperson Droste recessed the meeting at 9:10 p.m. for five minutes. Public Hearing: Rosemount Market Square PUD Amendment 111 Chairperson Droste opened the public hearing for the Rosemount Market Square PUD Amendment. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application by Peter Linder of Linder's Greenhouses to locate a temporary flower mart in the parking lot at Knowlan's. Sufficient parking spaces would remain to support the shopping center. Knowlan's supports the flower mart and expects it to generate increased traffic and business to the shopping center. The flower mart is a permitted use in the C -4, General Commercial District. The amendment to the PUD would define the area and set standards for temporary sales. Additional language would specify that no other outdoor retail sales or display may occur concurrently in the parking lot. Chairperson Droste opened the floor to the Applicant. Peter Linder described the nature of his family business. It is not a discount facility and will be staffed with employees from this area. The business does not sell cut flowers and will not compete with local flower shops that do. Discussions continued concerning building materials, security issues, and inventory. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Tentinger to close the public hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, Klassen, and Tentinger. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes February 23, 1999 Page 5 Commissioner Shoe Corrigan offered her support for the flower mart, indicating this is a quality business which would benefit the city. Commissioner Klassen indicated her concern that this business will be in competition with other businesses in the city. She pointed out that a temporary structure to be used as a bank was previously voted down. In response to Commissioners concerns regarding competition with existing businesses, Commissioner Shoe Corrigan noted that Evergreen Gardens' inventory is not similar to the product offered by Linders, and that Fluegel's carries a very limited inventory of plants Mr. Pearson explained the structure for the flower mart has been inspected by the Building Official and found acceptable. A timeframe for duration of the facility can be imposed. Chairperson Droste offered his support for this facility, feeling it will add to the small town aspect of Rosemount. Commissioner Shoe Corrigan added she feels this business will fill a niche not provided elsewhere in town. It will bring traffic to existing businesses in the shopping center and enhance their visibility. Commissioner Weisensel pointed out this business is a permitted use and he supports the PUD amendment process for regulation. He pointed out the economic benefit this business would provide, indicating it is a free market economy which promotes competition. MOTION by Weisensel to recommend that the City Council amend the Rosemount Market Square Planned Unit Development to permit the Linder's Flower Market in the parking lot as shown in the attached exhibit. Seconded by Shoe Corrigan. Commissioner Tentinger expressed concerns that the facility would not be removed within established dates for duration and he had reservations concerning the appearance and location of the facility. Mr. Linder indicated the structure is dismantled immediately upon closing, however, Linder's would be willing to provide a bond. If there is a problem with appearance, they would make it acceptable. Mr. Linder was not aware of any complaints concerning any of their other facilities. III Motion polled. Ayes: Shoe Corrigan, Weisensel, and Droste. Nays: Klassen and Tentinger. Planning Commission Regular Meeting Minutes February 23, 1999 Page 6 Motion carried. Public Hearing: Construction 70 Rezoning Concept PUD Chairperson Droste opened the public hearing for the Solberg /Koch Refining Co. mineral extraction permit renewal. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the Planned Unit Development request of Construction 70, consisting of a new trucking terminal for Wayne Transports, expansion of the parking lot for Fleet Development, and addition of a 4.69 acre remnant to the Solberg Aggregate site. Both Fleet and Wayne require variances for setbacks along Conley Avenue. In exchange for the variances, extensive greenspace and a higher performance of landscaping are requested. Chairperson Droste opened the floor to the applicant. Joe Eschenbacher of Wayne Transports was present. There was a discussion concerning the effect of a pending TIF application on the PUD. Landscaping and any environmental impact was also discussed. Mr. Eschenbacher expressed Wayne's commitment to landscaping and confirmed there would be no outside storage. Chairperson Droste opened the floor to the public. Dave Anderson, Fleet Development, concurred with Mr. Eschenbacher regarding the desire to make the area presentable. Discussions continued concerning the Fleet parking lot. The parking lot will have curb gutter and be paved, except for an approximate 150'x150' loading ramp area. Marlin Rechtzigel, was concerned with the location of the frontage road connection with Hwy. 42 and suggested it should be moved to align with the road to the south. Plans for the Hwy. 52/42 interchange were discussed. Russ Rahn, Rich Valley Golf Course, inquired about a driveway off Conley Ave. and expressed concerns regarding water runoff. Mr. Litterer explained the city is currently looking at storm water storage. Planning Commission Regular Meeting Minutes February 23, 1999 Page 7 MOTION by Tentinger to close the public hearing. Seconded by Droste. Ayes: Weisensel, Klassen, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Commissioner Klassen noted premature elements of this project, including TIF issues for Wayne Transports and expansion of the Solberg site. Commissioners discussed landscaping requirements along Hwy. 52, including parking lot indentations to allow clusters of trees. Commissioners suggested moving the vegetation away from the interior boundaries to side along the highway corridor. MOTION by Shoe Corrigan to recommend that the City Council approve the concept PUD requested by C -70 Construction for Wayne Transport, Fleet Development and Solberg Aggregate subject to: 1) Granting of setback variances along Conley Avenue and US 52 for Fleet Development and Wayne Transport; 2) Provision of extensive landscaping to be provided along the Hwy. 52 corridor in a minimum of three locations which indent the outer edge of the parking lot along Hwy. 52; 3) Conformance with all applicable building and fire codes; 4) Incorporation of recommendations relative to grading, installation of public infrastructure, and street improvements as identified by the Public Works Department; 5) Conformance with subdivision requirements for platting, unless waived by the City Council. Seconded by Tentinger. Ayes: Klassen, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Public Hearing: Solberg /Koch Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing for the Solberg/Koch Refining Co. mineral extraction permit renewal. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application by Solberg Aggregate to renew its mineral extraction permit and modify the restoration grading plan to extend the lifespan of the mining. The expansion would consist of lowering the elevation of the site, not extending the mining activity outward. The City Engineer reviewed and approved the revised grading plan. The city has received no complaints concerning this mining operation. Discussion ensued. Mr. Pearson reviewed the phasing plan and history of the mining permit, initially issued in 1989. Chairperson Droste opened the floor to the applicant. Lauren Howard provided additional history of the mining activities and pointed out Solberg's cooperation with the city. Solberg has Planning Commission Regular Meeting Minutes February 23, 1999 Page 8 performed all necessary restoration and is working with Friends of the Mississippi on future restoration plans. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Klassen. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and Klassen. Nays: 0. Motion carried. Commissioner Klassen notified the applicant regarding the city council's concerns on mining expansion. MOTION by Tentinger to recommend that the City Council approve the mineral extraction permit renewal and grading plan modification for Solberg Aggregate. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, Klassen, and Tentinger. Nays: 0. Motion carried. Public HearinE: The Adventure Zone Interim Use Permit Renewal Chairperson Droste opened the public hearing for The Adventure Zone Interim Use Permit Renewal. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application by The Adventure Zone to renew its Interim Use Permit. Previous problems experienced with a previous owner have been resolved. Mr. Pearson requested the Planning Commission consider extending the lifespan of the renewed IUP. Chairperson Droste opened the floor to the applicant. Mr. Nordberg indicated an extension of the term of the IUP would allow long -term planning. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Klassen, Tentinger, and Droste. Nays: 0. Motion carried. Commissioners discussed extension of the renewal period for the IUP. MOTION by Weisensel to recommend that the City Council renew the IUP for the Adventure Zone for a period of three years. Seconded by Tentinger. Ayes: Weisensel, Klassen, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes February 23, 1999 Page 9 There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 11:20 p.m. Respectfully submitted, 1 fk4 Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT 2875 Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone 6514234411 e Hearing Impaired 651 423 -6219 Fax 651- 423 -5203 Planning Commission Regular Meeting Minutes March 9, 1999 Mayor Cathy Busho swore in newly appointed Commissioner Kim Shoe Corrigan to the Planning Commission. Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, March 9, 1999. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Sheila Klassen, Jay Tentinger and Kim Shoe Corrigan present. Commissioner Jeffery Weisensel arrived at 6:35 p.m. Also in attendance were City Planner Rick Pearson and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Droste to approve the February 23, 1999 Regular Planning Commission Meeting Minutes. Seconded by Tentinger. Ayes: Klassen, Tentinger, Droste and Shoe Corrigan. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on March 2, 1999. Issues related to the Solberg/Koch Mineral Extraction permit and Linder's Greenhouse were discussed. New Business: Wensmann Twelfth Addition Final Plat Mr Pearson presented the application by Wensmann Homes for the final plat of Wensmann Twelfth Addition. This development, located south of 151st St. between Shannon Parkway and Claret Avenue, consists of 44 townhouse lots situated on three separate cul -de -sac streets. Commissioners discussed issues related to sidewalks, elevation, and ponding. MOTION by Tentinger to recommend that the City Council approve the final plat for Wensmann Twelfth Addition subject to compliance with the conditions of Resolution 1998 -122. Seconded by Klassen. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and Klassen. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes March 9, 1999 Page 2 MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Public Hearing: Kelley Trust Concept PUD (Cont'd from 2- 23 -99) Mr. Pearson reviewed the stages in the development process. Chairperson Droste opened the floor to the applicant. Jim Johnston, Vice President of Contractor Property Developers Company, addressed issues related to urban sprawl, schools, and traffic on Shannon Parkway and the Connemara Trail extension. Tim Erkkila presented data on traffic volumes. Mr. Erkkila explained proposed road designs and the effect the designs have on other roadways and upon the wetlands. The intersection of Shannon Parkway with the internal road was reviewed, along with issues related to the wetlands. The developer will no longer show a connection to 131st St. unless requested by the city. Discussions continued concerning plans for Connemara Trail to continue east to Hwy. 42 and the connection of the internal road to Diamond Path, along with issues related to speed limits and linkage to the downtown. Commissioner Shoe Corrigan expressed her concern that the proposed Shannon Parkway intersection will impact the trio of wetlands in the area and decrease their functions. Ms. Shoe Corrigan advised the developer that this would not be acceptable and that other options for this intersection need to be examined. Mr. Erkkila provided an analysis of the existing Connemara Trail between Diamond Path and Shannon Parkway and suggested improvements for enhancements to create open spaces. Mr. Erkkila addressed issues related to the community center planned for the development, indicating they have no intention to compete with facilities in downtown Rosemount and will not duplicate facilities. Mr. Erkkila indicated a desire to strengthen the linkage to the downtown with an extensive trail system. The developer is looking for continuity from the development to downtown and suggested that linkage opportunities be documented. Mr. Johnston stated the downtown is a fabulous amenity and expressed the desire to provide an opportunity for residents to have easy access to the downtown. Because of the distance between the Kelley property line and downtown, Mr. Johnston encouraged the city to work with the developer to make ties to adjacent areas. In response to concerns that the market study positioned the project as a suburb of Rosemount and to not identify with Rosemount, Mr. Johnston explained the market study is the opinion of Planning Commission Regular Meeting Minutes March 9, 1999 Page 3 just one individual. Mr. Johnston disagrees with the market study opinion on the importance of access to the downtown area and ties to the historic downtown and to other trail systems of the city. The Irish theme has not yet been addressed, but Mr. Johnston thought other builders may have worn the theme thin. Mr. Johnston disagreed with the Pennsylvania Dutch theme suggested by the market study. Mr. Erkkila further addressed issues related to the northern perimeter of the development, showing examples of larger lots with rear yard depths increased from 100' to 175' and yard widths increased approximately 50'. He showed how the increased lots affect open space. Chairperson Droste referenced a residents' petition in opposition to the extension of 131st Street, and letters from Martin Jeanne Van Orsow, Harry Wilcox, Donna Bergsgaard, and Lea Jeni Bottem. Chairperson Droste opened the floor to the public. Doty Russell, 12930 Shannon Parkway, requested additional information concerning transition. Tom Gurney, 13800 Shannon Parkway, raised issues concerning traffic on Shannon Parkway, especially if the Connemara connection to Diamond Path is not completed before development starts. Development phasing plans were discussed. Bruce Endler, 13828 Currant Circle, expressed concerns regarding the density of this development and its effect on schools. He is also concerned about the developer's commitment to Rosemount and the schools. He noted factual errors in the market study concerning the high school and objected to comments in the market study which give a general negative perception of the school. Mr. Endler indicated there is no commitment to market the development as a part of Rosemount, but rather as Apple Valley East. In response to Mr. Endler's density concerns, Chairperson Droste pointed out that consideration must be given to the increase of the diversity of housing in Apple Valley Eagan and its impact on the school system and not to focus on this one development as solely contributing to the burden on the schools. The school district and all of the cities stay in contact with each other to identify changes in growth patterns, and the school district needs to have flexibility to react to those changes. Mr. Johnston indicated he has been communicating with school staff and that the project will not be marketed as Apple Valley East. Planning Commission Regular Meeting Minutes March 9, 1999 Page 4 Commissioner Klassen referenced a letter from the developer, dated February 8, 1999, indicating that development of the property would be consistent with the new amended comprehensive plan update. Dennis Randall, 14034 Clover Ln., expressed concerns regarding density in the townhome section north of Carroll's Woods, and had questions about wildlife corridors, protecting grassland areas, and landscaping in boulevards. Jeanne Van Orsow, 12861 Shannon Parkway, expressed concerns regarding drainage in the northern area of the development. Mr. Litterer responded the city is currently working on a drainage plan. Ms. Orsow further expressed concerns about the need for a new school. Mr. Johnston explained school officials indicated that growth will be facilited, as it has been done in Apple Valley and Eagan. In determining school needs, the school district indicated they are looking at more areas than just the Kelley Trust property. Jenny McCarthy, 14026 Clover Lane, is concerned about the townhomes north of Clover Lane. The only outlet for these townhomes is onto Clover Lane. She would like to see a cul -de -sac at the end of Clover Lane and have the townhomes outlet onto Connemara Trail. She is also concerned that because townhomes do not maintain their value, it may compromise the value of the existing homes. She also inquired about the nature of the community center. Mr. Johnston addressed townhome values. As concerns the community center, it will be an amenity for the Kelley Trust residents, unless the city wishes to participate in providing this amenity. Bob McCarthy, 14026 Clover Lane, feels the marketing study is biased and suggested another study be performed by an outside source. Martin Van Orsow, 12861 Shannon Parkway, asked whether it would be possible to get a projection of the traffic count. Mr. Johnston indicated a traffic study would be done in the environment assessment. MOTION by Droste to continue the public hearing until March 23, 1999. Seconded by Shoe- Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, Klassen, and Tentinger. Nays: 0. Motion carried. J J Planning Commission Regular Meeting Minutes March 9, 1999 Page 5 MOTION by Droste to recess the meeting until 9:50 p.m. Motion carried unanimously. Public Hearing: Furlong Cemstone Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing on the Furlong /Cemstone application for a Mineral Extraction Permit renewal. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Tom Furlong to renew the mineral extraction permit for his property. Additionally, Mr. Furlong wishes to assume responsibility as owner /operator. The mining operation is still in Phase 1, and no modifications to the grading plan are requested. Chairperson Droste opened the floor to the applicant. Tom Furlong indicated he wishes to renew his mining permit. Additionally, he explained that Ames Construction wishes to create a round trip haul, wherein sand is hauled away, and they return with a clay /sand mixture. This provides a 111 good base for agricultural use and would aid in restoration. While Commissioners did not object to the round -trip hauls and thought it may have a positive impact on restoration, they felt additional information was necessary in order to make an informed decision. Mr. Furlong agreed to return at a later date with a formal request for the round -trip hauls and will provide more information at that time. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Klassen, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Weisensel to recommend that the City Council approve the mineral extraction permit renewal for Tom Furlong for the 1999 season. Seconded by Tentinger. Ayes: Weisensel, Klassen, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 10:25 p.m. R= s.; ctfully s. i ted, 4.40. low Dianne G. Qui Recording Secretary i ova %e CITY OF RO S E M O U N T CITY HALL 2875 145th Street West Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone: 651 423 -4411 Hearing Impaired 651 423 -6219 Fax 651 423 -5203 Planning Commission Regular Meeting Minutes March 23, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, March 23, 1999. Chairperson Bill Droste called the meeting to order at 6:40 p.m. with members Sheila Klassen, Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, and Civil Engineer Doug Litterer. Mr. Pearson requested the agenda be amended to include the presentation of a plaque to Mark DeBettignies in recognition of 5 I/2 years of service on the Planning Commission. Chairperson Droste presented Mr. DeBettignies with the award and thanked him for his years of service to the city. There were no additions or corrections to the agenda. Commissioner Klassen requested the minutes of the March 9, 1999 meeting be amended to include additional comments addressing the market study prepared for the Kelley Trust development. MOTION by Weisensel to table approval of the March 9, 1999 Regular Planning Commission Meeting Minutes until April 13, 1999, so the requested additions can be made. Seconded by Shoe Corrigan. Ayes: Klassen, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on March 16, 1999. New Business: Rosemount Commons Final Plat Mr Pearson presented the application by Heritage Development for the final plat of Rosemount Commons. This development, located between Wachter's Lake and Secure Mini Storage, east of Chippendale Avenue, consists of 121 townhome units. Planning Commission Regular Meeting Minutes March 23, 1999 Page 2 Chairperson Droste opened the floor to the applicant. Bob Wiegert was available to answer questions. Commissioners discussed issues related to lot layout, building modifications, variances, and parking spaces. MOTION by Droste to recommend that the City Council approve the final plat for Rosemount Commons subject to: 1) Execution of a subdivision agreement to secure public infrastructure; 2) Conformance with the conditions of Resolution 1998 -87 (Preliminary Plat approval). Seconded by Klassen. Ayes: Tentinger, Droste, Weisensel, and Klassen. Nays: Shoe Corrigan. Motion carried. MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Public Hearing: Kelley Trust Concept PUD (Cont'd from 3 -9 -99) Chairperson Droste referenced a letter from the developer requesting the public hearing be continued to April 13. The developer is working on a revised concept plan responding to identified issues relating to building types and density. The plan revisions and presentations by selected builders will not be ready until that time. Chairperson Droste noted for the record a letter received from Steve Hurderle, a petition from residents on Clover Lane and Cobbler Avenue, and a list of birds and mammals which inhabit the area forwarded by Dennis Nancy Randall. Chairperson Droste encouraged the residents to review the marketing plan available at the front desk and to put any concerns in writing to the Planning Commission. Chairperson Droste opened the floor to the public. Gary Johnson, 14042 Clover Lane, referenced the petition to stop the extension of Clover Lane into the development. Mr. Johnson received feedback from the Police Department and requested clarification on the decision making process. Laura Rosario, 3956 133rd Ct. W., does not feel townhomes should be located next to single family homes. She also expressed concerns regarding drainage into the pond behind her home. Mr. Litterer explained the pond is designed to take some runoff from the Kelley Trust development. Staff will look closely at drainage and ponding throughout the development. Planning Commission Regular Meeting Minutes March 23, 1999 Page 3 Dennis Randall, 14034 Clover Lane, indicated that Clover Lane should be made into a cul -de -sac and inquired about future plans for this road. Mr. Litterer responded that staff will be reviewing issues related to police /fire safety and traffic volumes in deciding whether Clover Lane will be extended. Doty Russell, 12930 Shannon Parkway, had questions concerning density and whether the PUD process would specify where the density is located. Discussion continued concerning the density issue and comparisons between the existing comprehensive plan and the 2020 comprehensive plan. Also discussed was the substance of an environmental assessment evaluation, along with requirements of the tree ordinance and the safeguards in place concerning the wetlands. MOTION by Droste to continue the public hearing until April 13, 1999. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, Klassen, and Tentinger. Nays: 0. Motion carried. Public Hearing: Construction 70, Inc. Preliminary Plat and Final PUD Mr. Pearson requested the public hearing be postponed until April 13 to allow changes to the grading plan and to follow approval of the concept plan by the city council. Marlin Rechtzigel raised concerns regarding the Conley Avenue alignment, resulting in a portion of his property being landlocked. Chairperson Droste informed Mr. Rechtzigel that his concerns will be addressed at the April 13th public hearing. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 8:17 p.m. Respectfully submitted, P SitO 0 I Dianne G. Quinnell Recording Secretary 0 CITY HALL CITY OF ROSEMOUNT 2875 -145th Street West Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone: 651-423-4411 Hearing Impaired 651 423 -6219 Fax 651-423-5203 Planning Commission Regular Meeting Minutes April 13, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, April 13, 1999. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Sheila Klassen, Jay Tentinger, Jeffery Weisensel and Kim Shoe Corrigan present. Also in attendance were City Planner Rick Pearson, Community Development Director Dan Rogness, and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Tentinger to approve the March 9, 1999 Regular Planning Commission Meeting Minutes. Seconded by Klassen. Ayes: Klassen, Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. MOTION by Tentinger to approve the March 23, 1999 Regular Planning Commission Meeting Minutes. Seconded by Klassen. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and Klassen. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on April 6, 1999. Chairperson Droste indicated a two -day work session addressing the downtown, Hwy. 52, mining, and affordable housing is being scheduled for sometime in May for city council, staff, and the planning commission. Commissioners were asked to contact staff with available dates. MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Public Hearing: Kelley Trust Concept PUD (Cont'd from 3- 23 -99) Mr. Pearson indicated the revised concept plan was not delivered in time for staff to sufficiently review and prepare a recommendation. The developer was present to explain the changes. Planning Commission Regular Meeting Minutes April 13, 1999 Page 2 Jim Johnston with Contractor Property Developers Company summarized changes to the concept plan. Changes include a reduction of 77 in housing counts, a reduction in the percentage of townhomes from 33% to less than 27 increased buffering and lot sizes along the northern perimeter resulting in a 25% increased setback from the northern boundary, realigned roads, shifting of townhomes away from the school and existing neighborhoods, and elimination of the community center. Tim Erkkila further explained the changes. The blend between townhomes and single family homes was changed from 2/3 -1/3 to 3/4 -1/4. The parkway road now has a series of curves to slow traffic and avoid wetlands. The community center was replaced by residential construction. Townhomes were pulled back from Clover Lane. There are no townhomes within 350 feet of existing single family homes. Dodd Road now ends with a cul -de -sac. The open space percentage has changed from 28% (including the Apple Valley side) to 23% (not including Apple Valley), resulting in approximately 114 acres in open space. The previous "back- yard" system for open space and trails now includes a "front- yard" system with sidewalks. Mr. Erkkila reviewed the trail connections and park system. Mark Putnam explained the traditional design scheme, including road designs, sidewalks, neighborhood gathering places, and the blend of housing styles. Mr. Johnston introduced the builders who are interested in building in this development, including Leonard Pratt of Pratt Homes, Rick Katt of R.A. Katt Homes, Ron Peterson of Peterson Homes, and Tim Maurer of George Maurer Construction. Each builder described their company, their product, and current projects they are involved in. Chairperson Droste opened the floor to the public. Harry Wilcox, 14674 Danville Ave. W., emphasized the importance of providing housing which meets the needs of an aging population, providing independence and mobility. He feels the plans for this development support such needs. Mr. Wilcox provided a history of the Kelley Trust property, specifically addressing issues with Birger Pond and storm water management. He indicated the size of the pond has increased from 11 acres in 1990 to 33 acres today. Mr. Wilcox expressed concerns with the reduction in the number of housing units from 1153 to 900 and summarized the cost to the residents of Rosemount due to the underutilization of facilities. Mr. Wilcox provided figures detailing the loss in taxes resulting from the reduction in housing units. Tom Gurney, 13800 Shannon Parkway, addressed concerns with traffic and speed on Shannon Parkway. He indicated that if the state determines the speed limit, it is set at 85% of the speed Planning Commission Regular Meeting Minutes April 13, 1999 Page 3 cars are currently traveling. He requested that, prior to the start of construction, the city set a 30 mph speed limit. Cliff Carlson, 13540 Diamond Path, indicated the developer has done a very nice job. He expressed concerns with the water level of Birger Pond. Trees and vegetation around Birger Pond have been killed due to the increased water level. Mr. Carlson wants the water level to be maintained at its present depth to avoid a muddy mess which would result if it was lowered. Mr. Carlson also noted the city never acquired an easement for the two storm sewers which were installed. Mr. Litterer indicated the Engineering Department has been studing Birger Pond for some time. Faye Marcotte, 12931 Shannon Parkway, expressed her concern about the wetlands. She wants density to be kept down so the wetlands are not altered. She prefers a traditional neighborhood design with homes closer together and lower density to protect wildlife and wetlands. Ms. Marcotte believes that 900 housing units is too much. Dennis Randall, 14034 Clover Lane, referenced the petition for a cul -de -sac on Clover Lane. He met with the Police Chief and Fire Marshal to discuss safety concerns and indicated there are advantages to a cul -de -sac if it backs up to another housing area. He feels the benefits of a cul- de -sac outweigh any drawbacks. The change from townhomes to classic homes in this area of the development does not change the desire for a cul -de -sac. Lee Bottom, 13890 Shannon Parkway, raised safety concerns with the design of Connemara Trail and suggested curves and stop signs to reduce speeds. Mr. Johnston indicated the developer will be working with the city in traffic planning and street details. There was continued discussion concerning trail extensions. Marvin Skinner, 4455 Upper 135th St. W., expressed concerns with drainage into Birger Pond and requested information on the costs assessed to residents for storm water management as a result of development. Mr. Litterer indicated that engineering estimates were not yet available because of the conceptual nature of the current review. The preliminary plat review would furnish the necessary details. Gary Johnson, 14042 Clover Lane, noted the estate homes with a 100' buffer and inquired as to buffering on the north side of Carroll's Woods. Planning Commission Regular Meeting Minutes April 13, 1999 Page 4 Chairperson Droste indicated the public hearing will be continued to April 27. He opened the floor to the Commissioners for comment. Commissioner Klassen feels the developer is moving in the right direction. She noted reduction in townhomes to 27 and indicated city council's desire for a 75/25 percent ratio. She addressed sidewalk and trail connections, and Mr. Erkkila showed options for such connections. Commissioner Klassen indicated the Master Park Plan must be reviewed with the Parks Rec Committee. Commissioner Tentinger is pleased with the developer's approach and wants to move forward with the plan. Grading plans will address concerns with water runoff and costs. The developer has cooperated with the city and has addressed concerns regarding buffering and traffic. The development is a positive for the city and will contribute to development of the Business Park. Chairperson Droste complimented the developer on the plans. He preferred the initial location of the main street intersection rather than the present location on the north side of the cluster of trees. He feels a blind intersection is created by the current location. Chairperson Droste also supported the community center which has now been removed. The community center fulfilled the need for a connecting point and would eliminate the need for residents to travel elsewhere for amenities, thereby decreasing traffic. Chairperson Droste also addressed the density issue and feels that success is determined by the number of acres left untouched. This is accomplished by clustering rather than large open lots. Commissioner Tentinger also expressed concern with the blind intersection as a result of moving the main street further north. Commissioner Shoe Corrigan has concerns that streets do not impact any wetlands or go through the Oak Savanna. She pointed out issues related to housing types, densities, Birger Pond, and traffic /safety concerns. Commissioner Shoe Corrigan indicated she wishes to see 40 -50% open space. She does support 20,000- 15,000 sq.ft. lots along the northern boundary and encourages cluster development, creating more open space. She is happy with the project and expects her concerns to be addressed at the preliminary plat stage. Discussions continued concerning the Master Park Plan and the review process. Chairperson Droste noted for the record a letter dated March 23, 1999 from Janet Rohlf Larson and a Memorandum, dated April 6, 1999 from George A. Lundy, Fire Marshal. Planning Commission Regular Meeting Minutes April 13, 1999 Page 5 MOTION by Droste to continue the public hearing until April 27, 1999. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, Klassen, and Tentinger. Nays: 0. Motion carried. Chairperson Droste recessed the meeting at 9:15 p.m. for 10 minutes. Public Hearing: Construction 70 Preliminary Plat and Final PUD Chairperson Droste opened the public hearing on Construction 70 Preliminary Plat and Final PUD. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson explained changes to the Construction -70 PUD. Solberg will no longer acquire the adjoining parcel, and the parcel will be described as an outlot. The ponding area south of Fleet Development has been shifted to Rich Valley Golf Course, leaving the remnant as an outlot. Fleet Development is required to add 1600 sq.ft. greenspace in the northern portion of its site to meet the 25% required greenspace. Mr. Pearson reviewed the landscaping plan. Chairperson Droste opened the floor to the Applicant. Joe Eschenbacher of Wayne Transports responded to questions concerning greenspace, landscaping and screening. Chairperson Droste opened the floor to the public. Marlin Rechtzigel, 14727 Clayton Ave., asked about plans for the waterway crossing the property and inquired further about the Conley Avenue alignment. MOTION by Droste to close the public hearing. Seconded by Klassen. Ayes: Shoe Corrigan, Weisensel, Klassen, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Tentinger to recommend that the City Council approve the Preliminary Plat and Final PUD for Construction 70 (Wayne Transports Fleet Development) subject to: 1) Conformance with the requirements of the concept resolution; 2) Payment of Park Dedication fees as determined by the City Council; 3) Payment of Storm Water Trunk Area Charges as established by the current fee resolution; 4) Payment of GIS Fees as established by the current fee resolution; 5) Remnant parcels shall be platted as outlots; 6) Approval by the Dakota County Plat Commission; 7) A minimum of 1600 square feet of green space added to the northwest corner of the Fleet Development site. Seconded by Droste. Ayes: Weisensel, Klassen, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes April 13, 1999 Page 6 Public Hearing: Ped/Bituminous Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing on the application by Bituminous Roadways and Otto Ped for a Mineral Extraction Permit renewal. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Bituminous Roadways for renewal of its mining permit. The original phasing plan was reviewed, along with grading elevations. The operation is nearing completion of the first phase. Approximately 35,000 ton will be extracted in 1999. No complaints have been received regarding this mining operation. Commissioner Klassen confirmed there are no changes to the mining permit and the application is strictly for renewal. Reclamation plans were discussed. Chairperson Droste opened the floor to the Applicant. Mike Jorgenson was present to answer questions. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Klassen, Tentinger, Droste, Shoe Corrigan, Weisensel. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the renewal of the mineral extraction permit for the Ped property for 1999 subject to the attached draft conditions of operation. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and Klassen. Nays: 0. Motion carried. Public Hearing: Danner, Inc. Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing on the application by Danner, Inc. for a Mineral Extraction Permit renewal. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson reviewed the grading plan for the Danner mining operation. Approximately 75,000 ton will be extracted in 1999. Mr. Pearson indicated no complaints have been received concerning this mining operation. 1 Planning Commission Regular Meeting Minutes April 13, 1999 Page 7 Commissioner Klassen confirmed there are no changes to the mining permit and the application is strictly for renewal. Chairperson Droste opened the floor to the Applicant. A representative from Danner, Inc. explained the current mining activity. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Klassen. Ayes: Droste, Shoe Corrigan, Weisensel, Klassen, and Tentinger. Nays: 0. Motion carried. MOTION by Shoe Corrigan to recommend that the City Council approve the renewal of the mineral extraction permit for Danner, Inc., subject to the attached draft conditions of operation for 1999. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Klassen, Tentinger, and Droste. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 10:40 p.m. Respectfully submitted, C 1 4 1 I Dianne G. Quinnell Recording Secretary 0 CITY OF ROSEMOUNT 2875— 1fi t "ee tWest 0 MN M Everything's Coming Up Rosemount!! 55068-4997 Rosemount, M Phone: 651- 423 -4411 Hearing Impaired 651 423 -6219 Fax 651 423 -5203 Planning Commission Regular Meeting Minutes April 27, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, April 27, 1999. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Sheila Klassen, Jay Tentinger, Jeffery Weisensel and Kim Shoe Corrigan present. Also in attendance were City Administrator Tom Burt, City Planner Rick Pearson, Community Development Director Dan Rogness, and Civil Engineer Doug Litterer. Mr. Pearson requested the agenda be amended to add as 4.B. a presentation by Tom Burt. There were no other additions or corrections to the agenda. Commissioner Shoe Corrigan noted one correction to the April 13, 1999 minutes, concerning her support of the 20,000- 15,000 sq.ft. lots in the Kelley Trust development. MOTION by Droste to approve the April 13, 1999 Regular Planning Commission Meeting Minutes, as amended. Seconded by Klassen. Ayes: Klassen, Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on April 20, 1999. Mr. Burt addressed the Planning Commission concerning their role and responsibilities. He explained the scope of the commission's responsibility in advising the city council regarding regulatory matters affecting future growth of the city. Mr. Burt further explained the Carver model process of government adopted by the city council. Through this process, the results which the city council wants to see are made clear, resulting in direction to the commission earlier in an application process. Ordinance and policy changes will go first to the council for determination of the result it desires, and will then return to the commission to achieve the requested end result. MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Planning Commission Regular Meeting Minutes April 27, 1999 Page 2 Public Hearing: Kelley Trust Concept PUD (Cont'd from 4- 13 -99) Mr. Pearson summarized staff recommendations to the City Council for approval of the concept plan. Additional recommendations from the Parks Rec Committee, the Utility Commission, Public Works, and Public Safety will also be included. Staff recommends 2 du/ac net density with opportunities for density bonus. Mr. Pearson reviewed the wetland designations and the effect intersection locations may have upon the wetlands. He made assurances that the Wetland Conservation Act will be taken very seriously. Chairperson Droste opened the floor to the applicant. Tim Erkkila summarized the developer's responses to public comments and concerns. He reviewed grade changes, open spaces and street alignment, and he identified density in specific areas. Chairperson Droste opened the public hearing. Bob Miller, 12930 Shannon Parkway, expressed concerns regarding the northern route of the main road and any impact on the existing holding pond located north of the property. He also had concerns with speed on Shannon Parkway and the water level of Birger Pond. Mr. Litterer explained that Public Works has been gauging the water level for four years and it is presently one foot lower than the recorded high. A new lift station is planned. Richard Eastwood, 14018 Clover Lane, discussed issues related to the effect of townhomes on property values, concentration of townhomes along the southern boundary, changing Clover Lane to a thoroughfare, higher density trade offs, and discrepancies in the open space calculations. Mr. Pearson explained the open space calculations. Mr. Erkkila indicated that parks /open space total 117 acres, or 23% of the property. Chairperson Droste opened the floor to the Commissioners. Discussions continued concerning bonus density, concentration of density to preserve open space, and density comparisons. Mr. Rogness responded to questions regarding the environmental review options and compared the EIS and AUAR processes. Discussions continued concerning revisions to the proposed recommendations. Commissioner Klassen requested the city council be made aware that the townhouse density is 27% and senior housing will require rezoning to R -3 density. Commissioner Weisensel noted open space and the neighborhood community center missing Planning Commission Regular Meeting Minutes April 27, 1999 Page 3 from the initial concept plan. He suggested consideration be given to increasing density to allow additional open space and that the village square be reconsidered. Commissioner Shoe Corrigan raised concerns regarding ridge -line development along the northern boundary. The benefits of cluster development were discussed. Chairperson Droste read into the record correspondence received from Dennis Nancy Randall, Lora Lee Pedersen Thusholt dated April 8, 1999, Martin Jeanne Van Orsow dated April 27, 1999, Melissa Marcotte dated April 26, 1999, Shannon Oaks Residents dated April 26, 1999, and James W. Johnston dated April 9, 1999. Bob Sanders, 13480 Dodd Blvd., inquired as to buffering along the eastern side of the development. Bob McCarthy, 14026 Clover Lane, commented the townhomes are located too close to his 1111 home and will affect its value. Mr. Pearson explained the townhome is located approximately 500' from his home. Homer Tompkins provided information on the estimated value of the homes and townhomes. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and Klassen. Nays: 0. Motion carried. MOTION by Shoe Corrigan, to recommend that the City Council approve the Concept Plan for the Kelley Trust Planned Unit Development subject to: 1. The development consists of 536.3 acres including land previously dedicated for Shannon Park. Considering undevelopable land for slopes and wetlands, staff is using 460 acres as a net developable acreage. Therefore, 920 units are allowable based upon the pending Comp. Guide Plan policy. Of the 1,153 proposed units, 233 (20% of the total) would be considered a density bonus at the discretion of the City Council for the overall high quality of the proposed development, and using clustering or other techniques to aggressively preserve natural features, open space, ridges, slopes and woodlands. Lastly, 100 units are included in the number for senior housing which should also support the density due to its specific niche for life -cycle housing. Senior housing would require rezoning to R -3. Multi family housing represents 27% of all units. 2. Housing types and neighborhood clusters shall be utilized to reinforce a pattern of transition from urban to rural. The proposed estate housing adjacent to the rural residential district shall have a net density of one dwelling unit per acre over an area consisting of all lots adjacent to rural residential uses. This may be accomplished with Planning Commission Regular Meeting Minutes April 27, 1999 Page 4 large lots or clustering of dwelling units. Clustering techniques shall be applied to housing appropriately to adapt the development to the natural forms instead of significantly altering them. Consideration should be given to increase use of cluster techniques particularly on the northern tier to preserve additional open space or natural features. 3. Housing types adjacent to existing urban single family residential uses shall be similar to the established housing types and densities. In the case of dissimilar housing types or attached housing, bufferyards utilizing preserved stands of trees and/or extensive landscaping shall be required to preserve homogeneous neighborhoods. The developer shall provide additional detail on all housing types. 4. The environmental review process will help determine the ultimate locations of streets, housing and infrastructure. The city supports the Alternative Urban Area wide Review (AUAR) process. The concept approval shall not waive the requirements of the Wetland Conservation Act of 1991, the Tree Preservation Ordinance, and the Surface Water Management Ordinance.. 5. The east -west parkway street shall intersect Shannon Parkway at a perpendicular in a location causing least impact on trees, wetlands, and natural features. City engineering standards will also be used to determine the most acceptable location and design. 6. Existing local streets terminating at the edge of the development with temporary cul -de- sacs and barriers shall be designed as through- streets ultimately connecting to Connemara Trail, Shannon Parkway or the east -west parkway. Traffic calming techniques should be considered for Shannon Parkway and Connemara Trail. In addition, modifications to the city street design standards should be considered with the review of the traditional homes portion of the concept plan. 7. Incorporation of recommendations regarding street design and connections included in the attached City Engineer/Public Works Director memo dated April 22, 1999. 8. Incorporation of recommendations regarding park, sidewalk and trail improvements made by the Parks and Recreation Committee. 9. The developer shall work with the City to attain a connection to the downtown, including streetscape features (utilization of similar lighting) and cooperative development of Central Park. 10. The developer should revisit the Village Center concept that includes a swimming pool Planning Commission Regular Meeting Minutes April 27, 1999 Page 5 and tennis court facilities and address whether such facilities are for public or private use. Additionally, non intrusive retail amenities, such as a coffee or ice cream shop, should be considered in this center. 11. Strong consideration should be given to offering a density bonus for additional open space. 12. The City Council should give direction to city staff to contact and work with outside resources, primarily 1000 Friends of Minnesota and Minnesota Land Trust, to acquire and/or manage open space for proposed corridors, buffers, open space and parkland. The developer would not be penalized in housing units. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, Klassen, and Tentinger. Nays: 0. Motion carried. Public Hearing: M.W. Johnson Preliminary Plat Rezoning for Oakridge Estates Chairperson Droste opened the public hearing on the application by M.W. Johnson for the Preliminary Plat and Rezoning for Oakridge Estates. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the preliminary plat for the rural residential development of the Coffee property located on McAndrews Road. Rezoning from Agriculture to Rural Residential is consistent with the Comprehensive Guide Plan and is recommended by staff. Because of the street connection to McAndrews Road, the County has approval authority. The County objected to the proposed street connection at the location of the existing driveway because it does not meet the access spacing guidelines. The County requested the street align with Danbury Way. The developer is unwilling to make this change. Due to the objection by the County, a recommendation for approval cannot be given by staff. The remaining option is for the city to pursue a variance from the County, if directed by the City Council. Discussions continued concerning road alignment options to connect to 120th Street and connecting the cul -de -sac to the northern property line. Mr. Pearson explained his preference for alignment of the street with Danbury Way, indicating the developer's proposal for location creates a blind intersection. Variances are required for street right -of -way width reduction and cul -de -sac length. Chairperson Droste opened the floor to the applicant. Steve Grohoski, representing M.W. Planning Commission Regular Meeting Minutes April 27, 1999 Page 6 Johnson, was present. Mr. Grohoski indicated a willingness to connect either the street or the cul -de -sac to the northern property line. The variance for street width is necessary to lessen the impact on trees and wetlands. Chairperson Droste opened the floor to the public. Ed McMenomy, 4122 143rd St. W., represents Karen Coffee in the sale of her property. He believes the road is best suited where located as proposed by the developer. Karen Coffee, 33839 McAndrews Road, indicated that the location of her driveway has not created a safety problem and she has never seen an accident at that location. She asked the city to request a variance from the County. Clay Adams, 4045 McAndrews Road, expressed safety concerns if the street is aligned with Danbury Way, as preferred by the County. Karen Coffee's daughter cautioned on placement of the road to the northern property line due to natural features in the area. She also stated the County's recommended location for access is not a safe spot. John Sleizer, 4090 120th St. W. opposes extension of the cul -de -sac to the northern property line. He prefers the cul -de -sac be set back with a right -of -way to the property line. He feels the cul- de -sac would be an eyesore. He does not feel there is a problem with access visibility from the Coffee driveway. Earl Adams, 4065 McAndrews Road, opposes driveway sharing as recommended by the County and he recommends the developer's proposal for location of the street. Reid Hanson, representing Karen Coffee, wishes to move forward in pursuing the variance from the County. John Sleizer pointed out that Stonebridge and Cobblestone developments did not run cul -de -sacs to the property line. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Klassen, Tentinger, and Droste. Nays: 0. Motion carried. Chairperson Droste read into the record letters received from Clay Cindy Adams and Earl Donna Adams. Planning Commission Regular Meeting Minutes April 27, 1999 Page 7 Discussions continued concerning options for running the street to the property line. MOTION by Shoe Corrigan to recommend that the City Council direct staff to pursue a variance from the County and, subject to approval by the County, approve the Preliminary Plat for Oakridge Estates. Seconded by Droste. Ayes: Klassen, Tentinger, Droste, and Shoe Corrigan. Nays: Weisensel. Motion carried. MOTION by Shoe Corrigan to recommend that the City Council rezone the 53.28 acres located at 3839 McAndrews Road to Rural Residential, consistent with the Comprehensive Guide Plan. Seconded by Droste. Ayes: Klassen, Tentinger, Droste, and Shoe Corrigan. Nays: Weisensel. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 11:35 p.m. Respectfully submitted, ,►o Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT 2875— ;T t "Aee tWest Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone: 651 -423 -4411 Hearing Impaired 651 423 -6219 Fax 651 -423 -5203 Planning Commission Regular Meeting Minutes May 11, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, May 11, 1999. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Jay Tentinger, Jeffery Weisensel and Kim Shoe Corrigan present. Commissioner Sheila Klassen was absent. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. Commissioner Weisensel requested that the April 27, 1999 minutes be amended at No. 11 of the motion for the Kelley Trust PUD changing the word "increasing" to "additional." MOTION by Droste to approve the April 27, 1999 Regular Planning Commission Meeting Minutes, as amended. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on May 4, 1999. New Business: Rich Valley Industrial Park Final Plat Mr. Pearson presented the Final Plat for Rich Valley Industrial Park, which includes Wayne Transports, Fleet Development, two outlots, and the right -of -way for Conley Avenue. This is the last planning step in the process of developing the street and lots in this area. Commissioners discussed issues related to grading elevations and ponding. MOTION by Droste to recommend that the City Council approve the final plat for Rich Valley Industrial Park subject to conformance with the specifications of Resolution 1999 -40, A Resolution Approving the Final Development Plan and Preliminary Plat for Construction 70, Inc. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes May 11, 1999 Page 2 MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Public Hearing: Shafer Contracting Co., Inc. CUP and Zoning Text Amendment Chairperson Droste opened the public hearing on the application by Shafer Contracting Co., Inc. for a Conditional Use Permit for Mineral Extraction and a Zoning Ordinance Text Amendment. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson summarized the requests by Shafer Contracting. The CUP is for mineral extraction on the Lance Johnson property, which is located in the Agriculture district. Currently, mining is permitted in the General Industrial district and is limited in the Agriculture district to an area within 1 /2 mile on either side of CSAH 42, east of Hwy. 52. The requested amendment to the zoning ordinance would allow mining in an area where it currently is not allowed. The zoning text amendment must be approved prior to the CUP. The CUP would include an additional 53 acres and would set up future phasing plans to the west. While existing standards for mineral extraction remain, the CUP process incorporates additional conditions and findings. Chairperson Droste opened the floor to the applicant. David Sellergren, attorney for Shafer Contracting, Scott Spisak, Vice President of Shafer Contracting, and Steve Nicholson, Consultant Forester were present. Mr. Sellergren explained Shafer's request for a zoning text amendment versus a zoning change in order to establish permanent, long -term parameters for the mining operation. Shafer understands that non compliance with any of the conditions could result in revocation of the CUP. Mr. Sellergren referenced the environmental review previously done and indicated that another review is not required. He indicated that berming, plantings and cleanup will be done immediately. Scott Spisak provided background information on Shafer Contracting and the structure of the operation. He explained the various uses for aggregate, and listed the numerous consultants utilized for this mining operation. Primary access to the property would be via an easement over Koch property or 120th St. No access is intended through the Koehnen property. Mr. Spisak reviewed existing and proposed mining operations, haul routes, dust control, and the phasing plan. Shafer will immediately construct additional berm along both sides of the Koehnen property and the eastern edge of the pond area. The existing pond will be moved and the pipe sealed so drainage no longer goes north to the Koehnen property. Mr. Spisak assured the Commission that Shafer will comply with the 19'/2 acre limitation on maximum open mining Planning Commission Regular Meeting Minutes May 11, 1999 Page 3 area allowed at one time and that reclamation will follow each advancement to the west. Mr. Spisak estimated a timeframe of approximately 20 years for this mining operation. Steve Nicholson addressed tree preservation issues. He proposed immediately moving trees to berms and buffer zones. He further proposed the establishment of a nursery with plant stock for later use in an effort to establish tree diversity on the site. In response to Mr. Pearson's outline of the negative impacts of expanding the mining permit, Mr. Sellergren indicated the improvement to the existing operation would provide a benefit, inspections are encouraged and may result in a comfort level requiring less monitoring, Shafer will post a bond to negate any financial drain on the city, the mining operation will not be increased and will be better managed and restored, and the surrounding area is not planned for urban development. Commissioners reviewed the proposed grading elevations. Chairperson Droste opened the floor to the public. Joan Schnieder, 12255 Rich Valley Blvd., expressed concerns with prior reclamation promises not kept, water contamination, traffic, recycled contaminated material hauled to the site, and the lack of policing to control dumping shooting in the area. Ms. Schnieder opposes the expansion of the mining operation. Charlie Koehnen, 12255 Rich Valley Blvd., noted that taxes on this property have not been paid to the County by Lance Johnson. Additionally, Mr. Johnson has not reclaimed the property. Marsha Mrozinski, 11771 Rich Valley Blvd., Inver Grove Heights, expressed her concerns with truck traffic and drivers' failure to obey stop signs and speed limits, along with dust and noise pollution. She would like to see limits placed on the hours and days of operation. Bob Plan, 11889 Rich Valley Blvd., Inver Grove Heights, wants to see a limitation on the hours of operation and no activity on the weekends. He is also concerned about the traffic. He indicated that oil or gas was found in the water, which raises concerns of pollution. Chris Plan, 11815 Rich Valley Blvd., Inver Grove Heights, also expressed concerns with traffic and pollution. Discussions continued concerning the storm water storage pond and pollution concerns. Planning Commission Regular Meeting Minutes May 11, 1999 Page 4 Mr. Spisak responded to residents' concerns. He explained there is a designated recycling area. Any existing, recycled materials located elsewhere on the property will be moved to the designated area. While no contaminated materials were found in the environmental review, if anything is uncovered, it will be disposed of properly. A gate has been installed to prevent unlawful dumping in the mining area. No increased traffic is expected and there are no plans to operate at night. Shafer has a safety director on staff to monitor any complaints against their drivers. Mr. Spisak indicated he is willing to meet with residents to address their concerns. Commissioner Shoe Corrigan identified issues of whether this use is compatible with the neighborhood and the timeframe for the mining operation. A long -term mining operation would have an impact on the lives of the neighborhood. She believes this company would be an asset to the community. The reclamation plan is the best seen and the operation would be an improvement over what is usually done. Commissioner Weisensel recognized the concerns of the neighbors but felt those issues would be addressed by the city council. He supported the reclamation plan and proceeding with a recommendation of approval. Commissioners discussed terms and conditions to be included in the CUP. Staff was instructed to draft recommendations based upon Commissioner comments and to bring this matter back on May 25. Discussion continued concerning the area to be covered by the text amendment. Commissioner Weisensel indicated he would be interested in including more than the 93 acres involved in this application. Following further discussion, Staff was instructed to limit the zoning text amendment to 93 acres and future requests for mining permits in the Agriculture district would be addressed on a case -by -case basis. MOTION by Droste to table action regarding the zoning text amendment and the conditional use permit until May 25, 1999. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 9:45 p.m. Respectfully submitted, Dianne G. Quinnell, Recording Secretary C I TY OF RO S E M O U N T 2875 `1�1 AL West Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone 651-423-4411 Hearing Impaired 651 423 -6219 Fax 651 423 -5203 Planning Commission Regular Meeting Minutes May 25, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, May 25, 1999. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Sheila Klassen, Jay Tentinger, Jeffery Weisensel and Kim Shoe Corrigan present. Also in attendance were City Planner Rick Pearson and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Droste to approve the May 11, 1999 Regular Planning Commission Meeting Minutes. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Present: Klassen. Nays: 0. Motion carried. Commissioner Klassen indicated she reviewed the audio tape of the May 11, 1999 meeting that she did not attend. Department Announcements Commissioners noted the actions taken by the City Council on May 18, 1999. New Business: Biscayne Pointe Second Addition Final Plat Mr. Pearson presented the Final Plat for Biscayne Pointe Second Addition, located east of Biscayne Avenue and north of the railroad tracks. This phase of the Biscayne Pointe development consists of 63 lots. One change from the preliminary plat is the elimination of a cul -de -sac on the eastern edge due to a pipeline easement, resulting in the loss of one lot. Otherwise, the final plat is consistent with the approved preliminary plat. MOTION by Tentinger to recommend that the City Council approve the final plat for Biscayne Pointe Second Addition subject to conformance with the conditions of Resolution 1997 -52. Seconded by Klassen. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and Klassen. Nays: 0. Motion carried. MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Planning Commission Regular Meeting Minutes May 25, 1999 Page 2 Public Hearing: Shafer Contractine Co., Inc. CUP and Zoning Text Amendment (Cont'd. from 5- 11 -99) Mr. Pearson summarized the request by Shafer Contracting for a zoning text amendment to expand mineral extraction in the Agriculture District. The amendment would allow mineral extraction as a Conditional Use Permit, providing location restrictions and requiring that an environmental review be completed prior to June 1, 1999. Commissioners discussed issues related to mining outside the Johnson property and hours of operation. Mining requests at other locations would require another text amendment and city council approval. Desired times for operation are Monday Saturday, 7:00 a.m. -7:00 p.m. The CUP creates a mechanism to tighten the conditions of operation. Mr. Pearson indicated Shafer requested Paragraph 3 of the CUP be changed from 19 acres to 19'/2 acres consistent with ordinance standards for mineral extraction. Additionally, that Paragraph 5 be changed such that the access issue is consistent with the conditions of the current permit. The buffering provided is more than required, and staff has recommended a double row of spruce trees 12' high on the berm. In response to a letter from Joan Schnieder, Mr. Pearson explained that the haulback of materials is not included in the permit and would require separate city council approval. Changes in the hours of operation would also require city council approval. Commissioners discussed city council's opposition to the extension of mining permits and their responsibility to the applicant to consider this application. Mr. Pearson explained the 60 -day law which requires action on this application by June 11, 1999 or an extension of the deadline. Commissioner Klassen requested that issuance of the CUP be contingent upon Shafer remaining as owner. Mr. Pearson explained that a CUP runs with the land and cannot be limited to a specific owner. Chairperson Droste opened the floor to the applicant. Scott Spisak indicated that he contacted each resident who attended the previous meeting in an effort to address any concerns. Issues presented have been addressed, such as encroachments onto the Koehnen property, restoration, drainage and ponding. In response to Ms. Schnieder's letter, Shafer has not bid any projects with the airport which would result in the haulback of contaminated materials. It is against federal and state regulations, as well as company policy, to transport contaminated soil. Additionally, Shafer will comply with the hours of operation set by city ordinance. David Sellergren addressed issues with the CUP. Shafer does not care whether the access is a Planning Commission Regular Meeting Minutes May 25, 1999 Page 3 public street or an easement. Lance Johnson claimed it was a public street. It is Johnson's responsibility to resolve the issue. Shafer's consultant forester indicated the spruce trees recommended by staff are inconsistent with the existing oak savanna and may not survive due to the drainage system. While there is no visual connection with Koehnen, Shafer is willing to increase or decrease the berm as directed. Chairperson Droste opened the floor to the public. The following items were read into the record: letter dated May 24, 1999 from Joan Schnieder; letter dated July 16, 1998 from the Minnesota Department of Transportation, addressed to Andy Sanchez and provided by Bob Plan; letter dated May 25, 1999 from Kunde Co. Inc. addressed to Scott Spisak. Charlie Koehnen, 12255 Rich Valley Blvd., indicated he does not want the berm, explaining he cannot see the mining area from his home. Prior to enlarging the mining operation, he wants to see the pit restored. Bob Plan, 11889 Rich Valley Blvd., Inver Grove Heights, expressed concerns with the truck traffic, pollution and noise. He suggested that alternate routes be considered. He also expressed concerns with haulback activity in the future and a 24 -hour operation. Mr. Spisak responded there is a 5 ton road limit going south of the property. He addressed issues with alternate routes, noise, and hours of operation. MOTION by Droste to close the public hearing. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, Klassen, and Tentinger. Nays: 0. Motion carried. Commissioner Shoe Corrigan indicated she did not approve the mineral extraction permit for Lance Johnson because of non compliance. She feels that, prior to issuing a CUP to Shafer, Mr. Johnson should live up to the obligations of his permit and bring the property into compliance. She is also concerned with the 20 year lifespan for this operation. Mr. Pearson explained that encroachments have been restored and the turf established. The minimum standards have been met by Mr. Johnson. Mr. Spisak further explained the first three phases will be reclaimed prior to expansion. MOTION by Tentinger to recommend that the City Council adopt a zoning ordinance amendment which will allow expansion of the mineral extraction permit for the property currently owned by Lance Johnson as proposed by Shafer Contracting. Seconded by Weisensel. Ayes: Weisensel, Tentinger, and Droste. Nays: Shoe Corrigan and Klassen. Motion carried. MOTION by Tentinger to recommend that the City Council grant a Conditional Use Permit for Planning Commission Regular Meeting Minutes May 25, 1999 Page 4 the 93 acres in the south half of the north half of Section 14, Township 115, Range 19, Dakota County, Minnesota subject to 1) Conformance with all requirements and standards specified in Section 12.4 of Ordinance B, the Rosemount Zoning Ordinance; 2) Conformance with the conditions of mineral extraction as they apply specifically for the property and are reviewed annually or as required by the City Council attached as Exhibit B; 3) Activity related to the mineral extraction process shall be confined to an area of no more than 191/2 contiguous acres as indicated by the phasing plan attached as Exhibit C, and all surrounding property shall be undisturbed or completely restored and vegetation established in a manner identified in Exhibit D; 4) No new mineral extraction permits will be issued in the Agriculture District within 1.5 miles of the Conditional Use; 5) Access for the Conditional Use utilizes an easement connecting to County Road 71, one mile north of County Road 38 via land owned by Koch Petroleum Group; 6) Traffic volumes and frequency shall be subject to Dakota County approval. Copies of all required permits from Dakota County or Minnesota Department of Transportation shall be provided to the City along with any applicable conditions; 7) A landscaped 75 -foot setback is required along the common boundary with the eleven acre Koehnen property. Applicant shall submit a detailed grading and planting plan to be approved by staff and City Council. The plantings shall be maintained in good health for the duration of the mining operation, and the operator shall replace dead trees within the same season. Seconded by Weisensel. Ayes: Weisensel, Tentinger, and Droste. Nays: Klassen and Shoe Corrigan. Motion carried. Public Hearing: Zoning Text Amendment for Initiation of Ordinance Amendments Chairperson Droste opened the public hearing on the Zoning Text Amendment for Initiation of Ordinance Amendments. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Mr. Pearson explained the proposed amendment to paragraph 12.11 of the zoning ordinance changing the application procedure for text amendments. Amendments may be initiated only by the Council, Commission, or by petition of an affected landowner. The petition will go first to the City Council for review, and will then be forwarded to the Planning Commission, along with Council comments, for public hearing. Commissioners discussed issues regarding due process and the definition of "affected" landowner. MOTION by Weisensel to close the public hearing. Seconded by Droste. Ayes: Klassen, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council adopt a Zoning Text Amendment Y Y p g concerning Paragraph 12.11 changing the application procedure so that applications may be Planning Commission Regular Meeting Minutes May 25, 1999 Page 5 initiated by the Council, Commission or by petition of an affected landowner, and that petitions to amend must be received by the Council, which will then be forwarded to the Commission for public hearing and recommendation. Seconded by Weisensel. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and Klassen. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 9:05 p.m. Respectfully s u b Dianne G. Quinnell Recording Secretary `y CITY OF ROSEMOUNT 2875 C 1 45 t h i SSteetWest 6' Rosemount, MN Everything's Coming Up Rosemount!! 55068-4997 Phone: 651 423 -4411 Hearing Impaired 651 423 -6219 Fax 651-423-5203 Planning Commission Regular Meeting Minutes June 8, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, June 8, 1999. Chairperson Bill Droste called the meeting to order at 6:40 p.m. with members Jay Tentinger, Jeffery Weisensel and Kim Shoe Corrigan present. Commissioner Sheila Klassen was absent. Also in attendance was City Planner Rick Pearson. City Planner Rick Pearson added Item 4.b. to the agenda, Joint Meeting with City Council June 23, at 6:30 p.m.. MOTION by Tentinger to approve the May 25, 1999 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Review of the June 1 City Council actions was made by Pearson which included Council's changes to the Kelley Trust Concept Plan. Droste noted that Council's motion of approval was unanimous. Joint Meeting with City Council City Council has set a work session with John Shardlow relating to four issues for the City: 1) Highway 52 Corridor; 2) Mining activities; 3) Commercial area; and 4) Affordable housing. The Planning Commissioners are invited to attend on Wednesday June 23, 1999, at 6:30 p.m. Tentinger noted he would not be available. Planning Commission Regular Meeting Minutes. June 8, 1999 Page 2 Discussion followed on the Draft Commercial Plan prepared by Community Development Director Rogness. The consensus was approval which generated several questions about funding and commitment to a plan. A work session will be planned. MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Public Hearing: RCD Real Estate Lot Split Chairperson Droste opened the public hearing for RCD Real Estate Lot Split. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson described the lot location and noted that the applicant had requested that the lot split be tabled because of new negotiations. Further information would be available at the next meeting. There was no audience input. MOTION by Droste to continue the public hearing for RCD Real Estate Lot Split until June 22, 1999. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Tentinger, Droste. Nays: None. Motion carried. Public Hearing: Finnegan Rezoning Petition Chairperson Droste opened the public hearing for rezoning the property at 2925 145th Street West, west of City Hall. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. The applicant, David J. Finnegan, would like the C -2 zoning changed to C -4, General Commercial in order to allow an auto business. City Planner Pearson noted the history of businesses on the site. C -4 zoning would impose 20' setbacks from the front property line and 10' side and rear setbacks. Cars would not be allowed in this setback area and the building would then be non conforming. However, this would create an area where landscaping and street design could be incorporated. The Draft city of Rosemount 2020 Comprehensive Plan Update provides specific language concerning automobile related uses in the historic downtown. Quote, "It is intended that the Downtown area continue to accommodate a mixture of non auto oriented retail office, governmental, religious, and educational facilities and function in an historical or traditional fashion with buildings oriented to the street, sidewalks, on- street parking, parking lots behind or between buildings, and small vestpocket parks, or pedestrian-scale open spaces." Staff does not recommend rezoning the property at 2925 145th Street West. S Planning Commission Regular Meeting Minutes June 8, 1999 Page 3 Pearson also suggested that if the City council provided direction to legitimize automobile sales, a conditional use permit process could create a way to balance auto uses on this site. Conditions could be put in place to limit out door inventory, fencing could be required, and landscaping required. Chairman Droste opened the floor for comment. Attorney Reid Hansen, representing David Finnegan, requested the Commissioners to consider the C -4 rezoning. Hansen suggested that adding more commercial and retail business would benefit pedestrian traffic and create a core value that would help balance economic prosperity. Hansen noted that Finnegan is an energetic businessman and would be an asset to the community. David Finnegan reviewed his businesses in the City of Farmington and how he has run out of room for his car detailing business at 212 Elm Street. He employees four people there, and has an inventory valued at $300,000 to $500,000. Finnegan noted that he grew up in Rosemount and has an interest in keeping the city economically sound. Commissioners questioned Finnegan about why he had not chosen land along County Road 42. Finnegan noted that he did not need the visibility for his business nor did he want to pay the high land cost there. Ed McMenomy, Sr., 14575 Burma Avenue, noted that he had bought cars from David Finnegan and knew him as he grew up in Rosemount. McMenomy reviewed his dealings with businesses in Rosemount and said he was concerned about businesses leaving the downtown area. McMenomy believes that Finnegan would be a benefit to the community. McMenomy supported the conditional use permit process if the rezoning was not approved. Michelle Scheuerlein, 2978 145th Street West, was pleased with Finnegan's presentation and said she would welcome his business to the downtown area. Shirley Swenson said she had bought a car from Finnegan and she was pleased with their business dealings. MOTION by Tentinger to close the Public Hearing for Rezoning 2925 145th Street West. Seconded by Droste. Ayes: Four. Nays: None. Motion carried. Discussion was held and questions were asked of the applicant and staff. Droste noted that he would not support the rezoning because of the strong message of no -auto from the Downtown Scoping Committee, City Council and other commissions. The old -time atmosphere does not include auto related businesses. Auto is permitted on County Road 42. Shoe Corrigan said that Planning Commission Regular Meeting Minutes June 8, 1999 Page 4 new business is hard to turn down but the future depends on planning now. Pearson noted that once a Conditional Use Permit is granted it stays with the property, not the owner, and it is very hard to change. Weisensel said he would not support the rezoning. Weisensel also noted that the regulations set up clearly avoid auto uses. If this applicant could be accommodated with a Conditional Use Permit, perhaps a definition for this type of auto business could be established, it being different that of a "used car lot." MOTION by Shoe Corrigan to recommend that the City Council deny the rezoning requested by Mr. Finnegan because the rezoning is inconsistent with the policies of the historic downtown area specified in the Draft City of Rosemount 2020 Comprehensive Plan Update. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel. Nays: Tentinger. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 8:42 p.m. Respectfully submitted, Linda Jentink, Rec•rding Secretary F 4 CITY OF ROSEMOUNT 2875-- "TM th S t ree tWest Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone: 651-423-4411 Hearing Impaired 651 423 -6219 Fax: 651 423 -5203 Planning Commission Regular Meeting Minutes July 13, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, July 13, 1999. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Sheila Klassen, Jay Tentinger, Jeffery Weisensel and Kim Shoe Corrigan present. Also in attendance were City Planner Rick Pearson and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Droste to approve the June 8, 1999 Regular Planning Commission Meeting Minutes. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Present: Klassen. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on July 6, 1999. New Business: Oakridge Estates Final Plat Mr. Pearson presented the final plat for Oakridge Estates, consisting of ten lots, located north of McAndrews Road. Rural residential standards have been met and the plat is consistent with the preliminary plat. The street right -of -way has been shifted to avoid wetlands and is extended to the northern property line to provide access to adjacent properties. The cul -de -sac is moved further south to create minimal impact on the Sleizer property. The City Engineer has requested the cul -de -sac be dedicated as a permanent right -of -way rather than a temporary easement. Commissioners discussed issues related to buffers and confirmed that improvements to McAndrews Road would be done at no expense to the city. MOTION by Droste to recommend that the City Council approve the final plat for Oakridge Estates subject to: 1) Dedication of right -of -way for the cul -de -sac on Lots 4 and 5, Block 1 and Lot 5, Block 2; 2) Conformance with the conditions of Resolution 1999 -51; and 3) Execution of the ingress /egress easements preserving access rights to the Sleizer and Stein properties. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel and Klassen. Planning Commission Regular Meeting Minutes July 13, 1999 Page 2 Nays: 0. Motion carried. MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Public Hearing: Winds Crossing Administrative Plat Chairperson Droste opened the public hearing on the application by Winds' Crossing Homeowners Association for an Administrative Plat. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson explained the purpose of this application is to resolve setback deficiencies for two quad buildings located in Winds Crossing adjacent to the ponding drainage area along Chippendale Avenue. Presently, the quad units do not meet the 30' setback requirement and are nonconforming. By expanding the townhome properties with 1/4 acre from Outlot A, the setback issue would be resolved. The city would retain an easement over the ponding area. Chairperson Droste opened the floor to the applicant. There were no comments. Chairperson Droste then opened the floor to the public. Dan McNulty, 15670 Cicerone Path, expressed concerns about the city giving up park land, any impact on the park, building into the ponding area, and drainage. Mr. Pearson responded that it is current city practice of having ponds privately owned while preserving them with easements. Mr. Litterer explained that stormwater will remain managed by the city. Carita Green, 15604 Cornell Trail, inquired about the financial responsibilities for this application. Mr. Pearson indicated that all costs associated with this application will be the responsibility of the townhome association. MOTION by Tentinger to close the public hearing. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, Klassen, and Tentinger. Nays: 0. Motion carried. MOTION by Weisensel to recommend that the City Council approve the replat subject to the provision of an easement retained over the ponding area which will become parts of lots 1, 2, 3, and 4, Block 1, Winds Crossing. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Klassen, Tentinger, and Droste. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes July 13, 1999 Page 3 There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 7:30 p.m. Respectfully submitted, C -1-4 1L4 u "Litjw1) Dianne G. Quinnell Recording Secretary C ITY OF RO S E M 0 U N T 2875 C 1 45 t h �Street West Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone: 651- 423 -4411 Hearing Impaired 651 423 -6219 Fax 651-423-5203 Planning Commission Regular Meeting Minutes July 27, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, July 27, 1999. Chairperson Bill Droste called the meeting to order at 6 :30 p.m. with members Jay Tentinger, Jeffery Weisensel and Kim Shoe Corrigan present. Also in attendance were City Planner Rick Pearson and Civil Engineer Doug Litterer. Chairperson Droste amended the agenda to add as item 6.C. a discussion concerning the August 10, 1999 meeting. There were no other additions or corrections to the agenda. MOTION by Droste to approve the July 13, 1999 Regular Planning Commission Meeting Minutes. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on July 20, 1999. Chairperson Droste rearranged New Business agenda items to allow the applicant for Agenda Item 6.A. to appear. New Business: August 10 Planning Commission Meeting Mr. Pearson indicated there are no agenda items for the next Planning Commission meeting. Additionally, Chairperson Droste and Commissioner Shoe Corrigan indicated they would be unable to attend. MOTION by Droste to cancel the Regular Planning Commission meeting set for August 10, 1999 based on attendance and the agenda. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel and Tentinger. Nays: 0. Motion carried. New Business: Commercial Districts Zoning Handout Mr. Pearson presented for consideration the initial draft of the Commercial Districts portion of the zoning ordinance. Issues that require further discussion include farmer's markets, outside sales, and auto sales. This item will be brought back to the Planning Commission following further direction from the City Council. Planning Commission Regular Meeting Minutes July 27, 1999 Page 2 New Business: Bloomfield Second Addition Final Plat Mr. Pearson presented the final plat for Bloomfield Second Addition, consisting of 20 twinhome units and 97 single family lots. The final plat is consistent with the preliminary plat. Significant berming is provided along CSAH 42. Commissioners discussed issues related to the park, replacement of vegetation, and wetland mitigation. MOTION by Tentinger to recommend that the City Council approve the final plat for Bloomfield Second Addition subject to: 1) Execution of a subdivision development agreement; 2) Sidewalks installed along one side of all local streets except the cul -de -sacs and the south side of Bloomfield Path and west side of Auburn Avenue. Bike paths will be installed along the north side of Bloomfield Path and the east side of Auburn Avenue; 3) Park dedication will be in the form of cash contribution; 4) Conformance with the conditions of Resolution 1998 -85. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Public Hearing: First Baptist Church of Rosemount Site Plan Review Chairperson Droste opened the public hearing on the Site Plan Review application of First Baptist Church of Rosemount. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the proposal by First Baptist Church for construction of a two -story building addition and expansion of its parking lot. Building materials are consistent with city standards and the parking lot meets the minimum required number of spaces. Additional boulevard trees along Diamond Path and 145th St. are recommended. The applicant was advised that additional lighting in the parking lot area must not cause light glare to surrounding residential properties. Commissioners discussed issues related to parking, adjustments to the parking lot entrance, and traffic. Chairperson Droste opened the floor to the Applicant. Bill Joslin responded to concerns about traffic. Planning Commission Regular Meeting Minutes July 27, 1999 Page 3 Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. MOTION by Droste to approve the site plan review for the First Baptist Church building addition subject to: 1) Provision of the minimum requirements for landscaping along Diamond Path and 145th Street West; 2) Conformance with all applicable building and fire codes. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 7:25 p.m. III Respectfully submitted, dm Dianne G. Quinnell Recording Secretary CITY OF ROSEMOU NT 2875 C 1 45 t h iSSteetWest Rosemount, MN Everything's Coming Up Rosemount!! 55068-4997 Phone: 651- 423 -4411 Planning Commission Hearing Impaired 651423 -6219 Fax 651-423-5203 Regular Meeting Minutes August 24, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, August 24, 1999. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Jay Tentinger, Jeffery Weisensel and Kim Shoe Corrigan present. Also in attendance were Community Development Director Dan Rogness and City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Droste to approve the July 27, 1999 Regular Planning Commission Meeting Minutes. Seconded by Weisensel. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Summary of City Council Actions Commissioners noted the actions taken by the City Council on August 3 and August 17, 1999. There were discussions concerning the water tower location and mining operations. Review Met Council Correspondence re: Comp Plan Mr. Pearson summarized comments from the Met Council staff regarding Rosemount's 2020 Comprehensive Plan. The three issues of concern include 1) the Rural Residential designation for the area east of Hwy. 3, west of Akron Ave., and north of CR 38; 2) the shortage of affordable housing; and 3) the lack of reference to regional facilities in the recreation and open space elements of the plan. The Met Council suggested placing the area east of Hwy. 3 into Urban Residential or Urban Reserve. With Urban Reserve, the property would continue with an Agriculture zoning designation and would ultimately be in MUSA. The Ag density would be lowered to l du/40 acres. Stonebridge and White Lake Acres would remain Rural Residential. Discussion continued. Commissioner Shoe Corrigan expressed her concern that the cost of city services should not be forced upon residents unless there is a desire by the residents for the services. Commissioners supported the Urban Reserve designation. Update AUAR Process Mr. Pearson provided an overview of the AUAR process. A Technical Advisory Committee has been assembled. The public will be kept informed through public hearings. Planning Commission Regular Meeting Minutes August 24, 1999 Page 2 New Business: TIF Plan Amendment for Downtown District Mr. Kogness explained the expenditure plan tor the Downtown Ilr Distnct is being amended to allow the city to expend an additional $400,000 on property acquisition and commerical public improvements. This TIF District terminates January 1, 2001, and the approximately $700,000 which remains in the fund must be expended prior to that time. The remaining sums would be used towards land/building acquisition, installation of public utilities, streets sidewalks, and streetscape improvements. Mr. Rogness summarized previous redevelopment projects. MOTION by Droste to approve a Resolution of the Rosemount Planning Commission finding that the modification to the development program for Development District No. 1 and the modification to the Tax Increment Financing District No. 1 conform to the general plans for the development and redevelopment of the city. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 7:50 p.m. Respectfully submitted, U LLh ttAlik Dianne G. Quinnell Recording Secretary `y CITY OF ROSEMOUNT 2875 C 1 45 t h i S teetWest Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone: 651- 423 -4411 Planning Commission Hearing Impaired 651- 423 -6219 Fax: 651 423 -5203 Regular Meeting Minutes September 14, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, September 14, 1999. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Jeffery Weisensel and Kim Shoe Corrigan present. Commissioner Jay Tentinger arrived at 6:35 p.m. Also in attendance were City Planner Rick Pearson and Civil Engineer Doug Litterer. Mr. Pearson corrected the agenda changing item 6.a. to Champion Auto. There were no other additions or corrections to the agenda. MOTION by Droste to approve the August 24, 1999 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on September 7, 1999. New Business: Champion Auto Appeal of Staff Zoning Interpretation Mr. Pearson presented an appeal by Champion Auto of staff's interpretation of the zoning ordinance. Champion Auto wishes to operate a retail store in the building located at 14555 S. Robert Trail. This space was previously occupied by Champion Auto and is currently occupied by an auto repair business in the rear portion of the building. Staff interprets the zoning ordinance which prohibits automobile and automobile equipment sales in the C -2 Community Commercial district to prohibit this use. Commissioner Shoe Corrigan felt the use by Champion Auto would be more of a retail service than the sale of automobiles or equipment. Chairperson Droste noted the conclusion of the Downtown Scoping Committee to prohibit automotive related businesses in the downtown area. Commissioner Tentinger pointed out that a portion of the building is presently used for auto repair. He does not feel this retail use is prohibited by the zoning ordinance. He supported allowance of this retail business for the benefit of the downtown and the community. Planning Commission Regular Meeting Minutes September 14, 1999 Page 2 Discussion continued. Mr. Pearson explained that if a building is abandoned for over six months, a prior non conforming use cannot be restored. Commissioner Shoe- Corrigan repeated her interpretation that the ordinance pertains to car and equipment sales and does not exclude the retail sale of automotive parts. While she supported the desire of the Downtown Scoping Committee, she felt the ordinance should be changed if it does not conform. MOTION by Tentinger to overturn the staff interpretation of the zoning ordinance prohibition of retail automobile parts sales in the C -2, Community Commercial Center. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan and Tentinger. Nays: Weisensel and Droste. Motion failed. Chairperson Droste recessed the meeting until 7:00. Public Hearing: 2020 Comprehensive Guide Plan Amendment Chairperson Droste opened the public hearing on the 2020 Comprehensive Guide Plan Amendment. The recording secretary has placed the Affidavit of Publication and Affidavit of Posting of a Public Hearing Notice on file with the City. Mr. Pearson summarized the Met Council's preliminary review of Rosemount's draft 2020 Comprehensive Plan. At issue is the Rural Residential designation for the area between STH 3, Akron Avenue and north of 135th St. W., excluding Stonebridge, White Lake Acres, and other platted areas. Mr. Pearson provided background information on the 2020 plan, explaining population projections, Rosemount's role in regional plans, and restrictions imposed by the University of Minnesota and the Koch buffer zone. He explained the proposal to place approximately 900 acres into Urban Reserve, wherein the area would remain zoned for Agricultural use and brought into the MUSA and rezoned in the future. Discussion continued. Chairperson Droste opened the public hearing. Laxman Sundae, 2055 128th St. W., commented on the connection of sewer water services to existing properties which have working septic systems and the cost for such services, resulting in a financial hardship to some residents. Mr. Sundae also noted his concern for the preservation of natural features and wildlife, stating an increase in population would put stress on the wildlife. Mr. Sundae presented a copy of the Met Council recommendations, which was entered into the Clerk's record. Joanne Varey, 12920 Biscayne Ave., asked how the implementation of city services would Planning Commission Regular Meeting Minutes September 14, 1999 Page 3 impact properties on Biscayne Avenue. Mr. Pearson explained the application process for sewer water. Connie Fadden, 12231 Biscayne Ave., asked how development further north would affect property owners located south of the development. Mr. Pearson explained that "leap frog" development is not allowed and that development would occur from the south to the north. Joan Anderson, 2295 Bonaire Path, expressed her concerns for the protection of wildlife and the wetlands, and she noted the city is forced to listen to the U of M wishes. She is concerned that transitional zoning would have higher density development next to it and that development would affect the lakes. Mr. Litterer explained the city monitors the lake levels and that stormwater management is in place. Commissioner Shoe Corrigan stressed the importance of citizen participation in the protection of wetlands and noted organizations available to citizens to preserve greenways. Marilyn Radtke, 12550 Danbury Way, feels the University of Minnesota and the Met Council are holding the citizens as hostages. Karin Penrod, 1065 121st St. W., asked how this proposed rezoning would benefit the landowners. Mr. Pearson explained this is a regional issue and that urbanization is vital to the downtown. Mike Mortenson, 2026 128th St. W., suggested that the burden of assessments for improvements be placed on the property rather than the owner. This would allow repayment on a long -term basis. Aina Wiklund, 12110 Bacardi Ave., asked if there is a timetable for the rezoning. She is also concerned about land preservation and requested information on citizen involvement. Brad Wallace, 12171 Biscayne Ave. W., also inquired about a timeframe for development. He asked the city to look at other areas in Rosemount for urban development, such as the area west of Hwy. 3, north of CR 38. Mr. Pearson explained the difficulties in developing other areas. Rich Lamotte, 2318 Bonaire Path, commented there are three pipelines through his property and that sewer water lines could not run across the pipelines. Mr. Litterer responded. Kevin Mueller, suggested the U of M lease land from Koch. Planning Commission Regular Meeting Minutes September 14, 1999 Page 4 Cindy Beamish, 12164 Biscayne Ave., suggested the city go back to the Met Council and say their requests cannot be done because of the Koch and U of M restrictions. Mr. Pearson explained this has already been done. Jeff Fadden, 12231 Biscayne Ave., stated he moved here to avoid urban sprawl, feels he is getting mixed information on when city services would be brought into the area and on assessments, and asked what the Met Council is holding over us to have such power. Reid Hansen, 122490 Canada Court, appeared on behalf of a client who wishes to develop property or residential use but is unable to because the city council reguided the property for public use. Mr. Hansen requested the Comp Plan be revised to designate his client's property urban residential, which will respond to the Met Council request. Mr. Hansen presented a letter explaining his proposal, which was entered in the Clerk's record. Arlen Evenson, 2693 132nd Ct. W., inquired about a survey that was to be done of residents as to whether they would support sewer and water services. Mr. Litterer will follow up with this inquiry to see if a survey was ever done. Ray Barton, 2175 128th St. W., has concerns that the Met Council or City Council would come up with a plan to condemn all on -site septic systems which would require residents to hook up to city sewer water. He also expressed concerns that the transfer of density concept would result in high density or affordable housing on buildable land. Deborah Klecatsky, 1375 121st St. W., wondered where they would go to find recreational open space atter development of the area, particularly for horses. Jack Gillespie, 2322 Bonaire Path, stated the city controls its own destiny and should push for the kind of city the residents want. MOTION by Droste to continue the public hearing to September 28, 1999. Seconded by Tentinger. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. The meeting was recessed and reconvened at 9:45 p.m. Public Hearing: RHB, Inc. Lot Split Chairperson Droste opened the public hearing on the RHB, Inc. Lot Split. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Planning Commission 411 Regular Meeting Minutes September 14, 1999 Page 5 Mr. Pearson presented the request by Don Wachter to split his property located south of the Business Park and west of Biscayne Ave., resulting in 4.23 and 66.02 acre parcels. The primary issue is that the 66.02 acre parcel would remain landlocked with no access to a public street. A road easement for access is necessary across the 4.23 acre parcel. Street alignment options were discussed. Chairperson Droste opened the floor to the applicant. Don Wachter inquired about access through the 80 acres he owns north of the subject property. Mr. Pearson explained the existing ponding area and pipeline would not make it practical for a street from the north. Carol Wachter was concerned about assessments to the 4.23 acre parcel. Dick Braun, the applicant who wishes to purchase the 4.23 acre parcel, did not object to the road easement. Discussion continued. It was clarified that the street would not be built until it was needed. If another access is provided, the easement could be vacated. Mr. Litterer responded to the assessment concerns and benefits of the easement were explained. Chairperson Droste opened the public hearing. David Wachter indicated the entire property is farmed and wetlands are not an issue. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. MOTION by Tentinger to recommend that the City Council approve the lot split for R.H.B. Inc. subject to: 1) Provision of a street easement to provide access to the remnant 66.02 acre parcel; 2) Payment of one unit of park dedication for the 4.23 acre parcel. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Public Hearing: Burger King Site Plan Review Chairperson Droste opened the public hearing on the Burger King Site Plan Review. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the plans by Burger King restaurant for an indoor play equipment addition. The plans meet all required standards, sufficient parking is provided, and no additional Planning Commission Regular Meeting Minutes September 14, 1999 Page 6 landscaping is required. Chairperson Droste opened the public hearing. There was no public comment. MOTION by Shoe Corrigan to close the public hearing. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Weisensel to approval the site plan review to the 810 sq.ft. building addition to Burger King subject to compliance with all applicable building and fire codes. Seconded by Droste. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 10:35 p.m. Respectfully submitted, t tAl,Q_ 4 u t r1 n-e- �t Dianne G. Quinnell Recording Secretary CITY OF RO S E M O U N T 2875 C 1 45 t h �Street West Rosemount, MN Everything Coming Up Rosemount!! 55068 -4997 Phone: 651 423 -4411 Hearing Impaired 651- 423 -6219 Fax: 651 423 -5203 Planning Commission Regular Meeting Minutes September 28, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, September 28, 1999. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Jay Tentinger, Jeffery Weisensel and Kim Shoe Corrigan present. Also in attendance were City Planner Rick Pearson and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the September 14, 1999 Regular Planning Commission Meeting Minutes. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on September 21, 1999. MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Public Hearing: Rosemount 2020 Comprehensive Plan Amendment (Contd.) Mr. Pearson summarized the Comprehensive Guide Plan update process and the purpose of the plan. He further explained the role of the Metropolitan Council. There is currently approximately 1300 acres of undeveloped land in Rosemount, which will be developed in the next 13 -15 years. This land must be developed prior to expansion of MUSA. Mr. Pearson described the existing interceptor layout and options for future expansion of city services. Mr. Litterer indicated a survey seeking information on the condition of existing septic systems and resident interest in city sewer and water will be sent out in November, 1999. The results of the survey will be reviewed at an open house in December or January. Discussions continued concerning the expansion of development from Eagan into northern Rosemount and city policy on connection to city services. Chairperson Droste opened the public hearing. Planning Commission Regular Meeting Minutes September 28, 1999 Page 2 Tim McDonnell, 1150 124th Ct. W., feels that urban development will take away from the quality of life in Rosemount and does not see any benefits it would bring to the residents. Rural residential zoning is consistent with surrounding development. Aina Wiklund, 12110 Bacardi Ave., stressed the importance of preserving the land for future generations. Ms. Wiklund presented a letter to the Planning Commission and a newspaper article addressing the issue of public housing in the suburbs, which was entered into the Clerk's record as Attachment #3. Tracy Dougherty, 12370 Blanca Ave., read her letter addressed to the Planning Commission, which was entered into the Clerk's record as Attachment #4. Ms. Dougherty expressed her concern that planned development achieve the goal of the city to maintain a small town atmosphere. John Remkus, 13040 Akron Avenue, indicated the Met Council is an advisory body and has no legal standing. The estimated 20 years before urban development would occur is a short period of time which will go by quickly. Just say "no" to the Met Council. Lois Muellner, 2320 Bonaire Path, indicated she moved from the downtown area to get away from vandalism. She is concerned that urban development will bring an increase in taxes and the crime rate. Jerry Anderson, 2295 Bonaire Path, suggested the city look at urban development on the Koch buffer property to the immediate east and on property on the eastern border near Nininger Township. Deb Williams, 1225 Biscayne Avenue, indicated children are taught to take care of the environment and wildlife. They feel safe in the area and want the open space. Denise Travers, 12467 Biscayne Avenue, expressed concerns about preserving the protected wetlands, open land, and wildlife for our children. Residents have a large investment in their homes and she feels the city is taking this too lightly. Ms. Travers presented a DNR map and an article on sewage treatment systems, entered into the Clerk's record as Attachment #5. Discussions continued concerning development in the northern portion of Rosemount from Eagan and the hearing process this would involve. Cvndi Beamish, 12164 Biscayne Avenue, requested the city say "no" to the Met Council. Pete Peterson, 12781 Bacardi Avenue, presented a Petition rejecting the Met Council's request, which was entered in the Clerk's record as Attachment #6. Planning Commission Regular Meeting Minutes September 28, 1999 Page 3 Sharon Taylor, 1350 121st St. W., indicated she was crowded out at prior addresses. The area supports wildlife and ponds. If development occurs, it should be in larger parcels; there is no value in over developing. Dan Helwig, 2145 126th St. W., opposes the Met Council request, as it will lower the quality of life. He urged the city to represent the residents and not the Met Council. Diane Schnoor, 12246 Biscayne Ave., urged the city to save the land for tomorrow. Rich Carlson, 1330 121st St. W., referenced the issue with tree preservation in development of Stonebridge Addition. He expressed concern with the number of trees that would be cut down as a result of urban development. He believes the market currently demands 5 acre lots, and that 20 years is a long time to wait for someone who wants to sell their property. Richard Cliff, 12523 Akron Ave., owns property south of Stonebridge Addition and planned to sell 5-acre lots. The proposed zoning change will not allow him to sell 5 -acre sites. This will create a hardship for him. Jeff Fadden, 12231 Biscayne Ave., had questions concerning development of 120th Street and the tax base. Bob Hawkins, 1110 124th Ct., previously lived in the southeast corner of Eagan and was forced out because of taxes and assessments as a result of development. Discussions continued concerning the hearing process on the Comprehensive Plan amendment and that public comment would not be allowed at the city council meeting. Chairperson Droste explained the public hearing process at the Planning Commission level. Additionally, public involvement in the ongoing process of the Comprehensive Guide Plan update was reviewed. Jim Uttley of the Metropolitan Council was present at the meeting. Mr. Uttley explained the role of the Met Council in reviewing city plans and commenting on them. If a plan is found to be inconsistent with regional policies, then the Met Council does have the authority to tell the cities to revise the plans to bring them into conformance with the policies. The regional policies are intended to support highways, airports, parks, and sewer treatment. If a plan creates an impact on systems, the Met Council is required to direct the city to change its plan. Mike Beamish, 12164 Biscayne Ave., wondered what consequences the city would face if it doesn't go along with the Met Council. Hank Nieland, 2067 135th St. W., noted the importance of the quality of life in this area. Planning Commission Regular Meeting Minutes September 28, 1999 Page 4 Connie Fadden, 12231 Biscayne Ave., indicated the city is not ready to make a decision at this time. She does not feel there is full representation by the city council. Brad Wisherd, 12890 Biscayne Ave., had questions concerning the water treatment plan. Mr. Pearson described the existing infrastructure and options for expansion. Steven Kreitz, 1785 W. 120th St., indicated the Met Council needs to realize that most residents grew up in Rosemount and continued to raise families here. This is a unique area where residents have established roots. Denise Travers, indicated she spoke with John Consemius of the Met Council, who said the Met Council couldn't require the city to comply, only to make recommendations. Ms. Travers shared pictures of the area, which were entered into the Clerk's record. Deb Williams, suggested a compromise, allowing expansion in 5 -10 acre parcels. Bob Nagel, 2400 126th St., objected to the process that does not allow public comment to the city council. Dan McNulty, 15670 Cicerone Path, asked which cities do not participate with Met Council policy and whether they have had funds withheld. Mr. McNulty suggested the city say "no" and see how the Met Council responds. Aina Wiklund, feels it is wrong to squeeze development into this area because of the amount of land controlled by Koch and the University of Minnesota. MOTION by Droste to close the public hearing. Second by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Chairperson Droste recessed the meeting at 9:25 for 5 minutes. Commissioners discussed options for development for those residents who want to sell 5-acre parcels. The suggestion that development occur in eastern Rosemount was discussed and the constraints of Koch and the industrial corridor were pointed out. The Commission responded to residents' concerns about protection of the environment with an explanation of the wetlands and tree preservation ordinances. Commissioner Shoe Corrigan indicated her support for Met Council projections and the city's responsibility to regional goals. Residents have an opportunity to participate in the planning process to preserve open spaces. She suggested resubmitting the plan with a Rural Residential Planning Commission Regular Meeting Minutes September 28, 1999 Page 5 designation and updating the plan later after reviewing the issues. While she supports urban development of this area, she feels it necessary for the market to drive it, not the Met Council. Commissioner Weisensel noted the city has been proactive in the planning process and has the wetland ordinance and tree preservation ordinance as tools to preserve the environment. The city is part of a region and it is important to work within that framework. Resident involvement is critical. Chairperson Droste referred to the city's rich history and that the existing wetland and tree preservation ordinances will preserve the pristine areas. This Comp. Plan amendment would not change zoning at this time, but guide it for 20 years in the future. Commissioner Shoe Corrigan commended the city on its plans for the Kelley Trust development, including transitional zoning, buffering, clustering, wildlife corridors and innovative urbanization, which shows the city can accomplish its goals by maintaining open space. She felt the residents would better understand how development could work if given the opportunity to observe the Kelley Trust development. Commissioner Shoe Corrigan supports the amendment to the Comp. Plan but wants it delayed for approximately two years. MOTION by Tentinger to recommend that the City Council revise the draft Rosemount 2020 Comprehensive Plan concerning land between STH 3, Akron Ave., 135th 120th Street West: 1) Placing approximately 900 acres of land into Urban Reserve; 2) Designating approximately 140 acres for Transitional Residential use; and 3) The Stonebridge Addition and White Lake Acres would remain Rural Residential. Seconded by Droste. Ayes: Tentinger and Droste; Nays: Shoe Corrigan and Weisensel. Motion failed. Public Hearing: Fluegel Elevator Site Plan Review Chairperson Droste opened the public hearing on the Site Plan Review for Fluegel Elevator. The recording secretary has placed the Affidavit of Publication, Affidavit of Mailing, and Affidavit of Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the site plan for a proposed 4,458 sq.ft. addition to the retail /storage facility of Fluegel Elevator. Building elevations were reviewed. Mr. Pearson indicated the proposed metal siding is not permitted on the side facing the public right -of -way and is allowed up to 50% of the remaining surfaces. The applicant must substitute the metal siding with another material. Some organization is necessary for parking. Mr. Pearson explained landscaping options. Chairperson Droste opened the floor to the Applicant. Greg Fluegel was present and addressed issues related to parking and landscaping. Planning Commission 410 Regular Meeting Minutes September 28, 1999 Page 6 Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Shoe Corrigan. Ayes: Weisensel, Tentinger, Droste and Shoe Corrigan. Nays: 0. Motion carried. MOTION by Tentinger to approve the site plan for Fluegel Elevator subject to: 1) Conformance with architectural materials, landscaping, applicable building and fire codes; 2) Provision of a parking plan and striping of the new bituminous parking area. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 10:35 p.m. Respectfully submitted, 04 ,4*- Dianne G. Quinnell Recording Secretary 1110 fr CITY O F RO S E M O U N T 2875 C 1 45 t h i Street West Rosemount, MN 55068 4997 Everything's Coming Up Rosemount!! Phone: 651-423-4411 Hearing Impaired 651 423 -6219 Fax 651- 423 -5203 Planning Commission Regular Meeting Minutes October 12, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, October 12, 1999. Chairperson Bill Droste called the meeting to order at 6:40 p.m. with members Jay Tentinger, Jeffery Weisensel and Kim Shoe Corrigan present. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Tentinger to approve the September 28, 1999 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on October 5, 1999. MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Public Hearing: Zoning Text Amendment Maximum Density Allowed in the Agriculture District Chairperson Droste opened the public hearing on the Zoning Text Amendment concerning the maximum density allowed in the Agriculture District. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the proposal to amend the Zoning Ordinance to lower the allowable residential density in the Agriculture District from one dwelling unit per ten acres to one dwelling unit per forty acres. This change is part of the Comprehensive Plan implementation process and pertains only to density, having no effect on setbacks, lot size, etc. The reason for the change is to preserve agricultural land. Agricultural subdivisions will still be allowed. Commissioner Tentinger inquired about a property owner's options for dividing a parcel. He does not wish to create a situation that prevents a property owner from full enjoyment of his property due to a conflict with zoning. Additionally, he was concerned that this zoning change could result in landlocked parcels. Planning Commission Regular Meeting Minutes October 12, 1999 Page 2 Mr. Pearson explained that property west of Akron Avenue would likely be guided for non- agricultural use. The Agriculture District would be east of Akron Avenue. The zoning change would result in more restrictive overall use of agricultural land. Chairperson Droste opened the public hearing. Jeff Fadden, 12231 Biscayne Ave., asked for further clarification as to which property east of Akron Avenue would be in the Agriculture District. He also asked whether this zoning change would affect taxes. Richard Cliff, 12523 Akron Ave., was hoping to divide his property into 2 -acre parcels. He pointed out the Met Council wants more density and clustering, yet his offer to increase density on his property is not acceptable. Mr. Pearson explained to Mr. Cliff options for dividing his 80- acre parcel. Denise Travers, 12467 Biscayne Avenue, asked about rural subdivisions and whether five -acre sites would be permitted. Mr. Pearson explained balancing density in the rural subdivisions and urban density development. He further explained the Met Council does not control subdivisions, and the city has that authority. Discussions continued concerning the purpose of the proposed zoning change to preserve agricultural land and the inefficiency of running sewer and water to five -acre lots. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Commissioner Shoe Corrigan indicated she supports proactively preserving true agricultural land and encouraged the use of clustering and planned development. Commissioner Tentinger confirmed that the proposed zoning change would not affect agricultural land guided for rural residential development, including Mr. Cliff's property. Mr. Pearson indicated the zoning change affects all agricultural land guided for agriculture use, and he suggested land west of Akron Avenue should be rezoned to the appropriate zoning designation in conformance with the Comprehensive Plan. MOTION by Droste to recommend that the City Council adopt an amendment to the zoning ordinance, which lowers the maximum density allowed in the Agriculture District to one dwelling unit per forty acres. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan, Weisensel, and Droste. Nays: Tentinger. Motion carried. Planning Commission Regular Meeting Minutes October 12, 1999 Page 3 There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 8:10 p.m. Respectfully submitted. of it 4_ Dianne G. Quinnell Recording Secretary 'y CITY OF ROSEMOUNT 2875 C 1 45 t h St eetWest Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone: 651- 423 -4411 Hearing Impaired 651- 423 -6219 Fax: 651-423-5203 Planning Commission Regular Meeting Minutes October 26, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, October 26, 1999. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Jay Tentinger, Jeffery Weisensel and Kim Shoe Corrigan present. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Droste to approve the October 12, 1999 Regular Planning Commission Meeting Minutes. Seconded by Weisensel. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on October 19, 1999. Mr. Pearson updated the Commissioners on the extension granted to the Met Council for review of the Comp. Plan, the moratorium, the Kelley Trust environmental review, and Mr. Shardlow's recommendations on mining. MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Public Hearing: Safety -Kleen Interim Use Permit Amendment Chairperson Droste opened the public hearing on the application by Safety -Kleen for an amendment to its Interim Use Permit. The recording secretary has placed the Affidavit of Publication, Mailing, and Posting of a Public Hearing Notice on file with the City. Mr. Pearson summarized the request by Safety -Kleen to amend its IUP to allow the transfer of oil from trucks to rail tank cars for shipping to an oil recycling company in Chicago. Mr. Pearson reviewed the rail spur location on the Safety -Kleen site and showed pictures of its current oil transfer operation in St. Paul. Improvements to the site would include additional concrete paving along the entire length of the spur, curb gutter, and "drip pans" in the tracks for catching any spilled oil. These improvements, along with the vacuum system on the trucks, address oil spill concerns. Dave Magnuson with Dakota County Environmental Heath indicated the proposed improvements exceed the minimum requirements for the transfer of oil. Chairperson Droste opened the floor to the Applicant. Representatives of Safety -Kleen present at the meeting included Don Chapdelaine, Phil Gover, and Kirk Cristilly. Planning Commission Regular Meeting Minutes October 26, 1999 Page 2 Safety -Kleen representatives responded to questions concerning the drip pan capacity, the process for rail car loading removal, safety measures, agency oversight, inspections and licensing, the composition of the materials transferred, and parties responsible for spill cleanup. Site improvements and existing berming were reviewed. Commissioner Tentinger requested additional language be included in the IUP amendment that requires notification to the city of any substantial oil spill. Chairperson Droste opened the public hearing. Jeff Fadden, 12231 Biscayne Ave., had questions concerning the dimensions of the pad and the cleaning process of the cement pavement. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Commissioner Shoe Corrigan confirmed the city has received no complaints about non- compliance by Safety -Kleen under its existing permit. Commissioner Weisensel indicated he has had experience working with Safety -Kleen on other projects and expressed his confidence in the company and its safety measures. MOTION by Droste to recommend that the City Council approve the Interim Use Amendment for Safety -Kleen to include the oil transfer use subject to: 1) Compliance with all applicable recommendations standards required by the Minnesota Pollution Control Agency and the Dakota County Office of Environmental Heath; 2) Provision of curb gutter and conformance with all recommendations relative to erosion control, grading and paving by the Engineering/Pubic Works Department; 3) Conformance with all applicable fire code requirements; and 4) Safety -Kleen shall be required to notify the City in the event of a significant spill of recycled oil at the facility. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 7:55 p.m. Respectfully submitted. W-40 Dianne G. Quinnell Recording Secretary 1110 CITY OF ROSEM0UNT 2875 145 thS St t ree tWest Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone: 651- 423 -4411 Planning Commission Hearing Impaired 651 423.6219 Regular Meeting Minutes November 9, 1999 Fax: 651-423-5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, November 9, 1999. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Jay Tentinger, Jeffery Weisensel and Kim Shoe Corrigan present. Also in attendance were City Planner Rick Pearson and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Tentinger to approve the October 26, 1999 Regular Planning Commission Meeting Minutes. Seconded by Weisensel. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on November 2, 1999. MOTION by Droste to recess the meeting until 7:00 p.m. Motion carried unanimously. Chairperson Droste opened the Board of Appeals Adjustments. Public Hearing: Sullivan Variance Chairperson Droste opened the public hearing on the application by Michael and Elisabeth Sullivan for a variance to lot frontage requirements. The recording secretary has placed the Affidavit of Publication, Mailing, and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Michael and Elisabeth Sullivan for a variance to buildable lot requirements for a five -acre, landlocked parcel located east of Danbury Way, north of McAndrews Road. The adjoining property owners have offered a 20' wide driveway easement to provide access to Danbury Way. Staff recommends a 50' wide easement for public street, drainage and utilities as a substitute for 200' of frontage on a public street. The applicant requested that, if the variance is not granted, they be allowed to return at the next meeting to respond to the objections by the city. Commissioners discussed issues related to private vs. public easements and any effect a 20' easement may have on the city delivering services to the property. The subject property is not affected by the 2020 Comprehensive Plan and future development is not indicated. Commissioners considered other options. Planning Commission Regular Meeting Minutes November 9, 1999 Page 2 Chairperson Droste opened the floor to the applicant. Michael Sullivan was present at the meeting. Chairperson Droste opened the public hearing. Paula Vraa, 12170 Danbury Way, is one of the adjoining property owners who has offered the 20' wide driveway easement. Ms. Vraa indicated that she, along with the other adjoining property owners, are unwilling to give a larger easement. A 50' wide public easement would have an impact on their land. They wish to maintain control over the easement rather than grant control to the city through a public easement. Mike Sullivan indicated he contacted the city when the Coffee property was being developed for a possible alternate solution. He also felt that a larger easement would decrease the value of the adjoining properties. Mike Mickelson, 4000 120 St. W., indicated he has no objection to the private driveway. He feels Danbury Way should be completed and maintained by the city. Paula Vraa, indicated there are no guarantees that a public easement won't be eventually developed as a public road. This would significantly affect the value of their property. Commissioners discussed issues related to the intent of the ordinance, the provision of city services to the area, and the economic hardship. The unique quality of the land and wetlands were considered. Commissioners also considered other landlocked parcels in the city. There was concern that a 20' wide easement would be inadequate for driveway purposes. MOTION by Droste to table action on the variance request and continue the public hearing to November 23, 1999. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission hearing. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 8:30 p.m. Respectfully submitted. a ux Dianne G. Quinnell Recording Secretary A CITY Hau CITY O F RO S E M O U N T 2875 145th Street West Rosemount, MN Everything's Coming Up Rosemount!! Phonee: 6 651- 51- 4223 -3- 4411 Hearing Impaired 651 423 -6219 m, Fax: 651-423-5203 Planning Commission Regular Meeting Minutes November 23, 1999 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, November 23, 1999. Chairperson Bill Droste called the meeting to order at 6:55 p.m. with members Jay Tentinger and Jeffery Weisensel present. Commissioner Kim Shoe Corrigan was absent. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the November 9, 1999 Regular Planning Commission Meeting Minutes. Seconded by Tentinger. Ayes: Tentinger, Droste, and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on November 16, 1999 and discussed revisions to the Comprehensive Plan. MOTION by Droste to recess the meeting. Motion carried unanimously. Chairperson Droste opened the Board of Appeals Adjustments. Public Hearing: Sullivan Variance (Continued from 11 -9 -99) Mr. Pearson indicated the Sullivans, through their attorney Bruce Malkerson, requested the public hearing on their variance request be continued to December 14. The applicant has waived the 60 -day approval /denial requirement. MOTION by Droste to continue the public hearing to December 14, 1999. Seconded by Weisensel. Ayes: Droste, Weisensel, and Tentinger. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission hearing. Public Hearing: Shafer Contracting /Lance Johnson Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing on the application by Shafer Contracting for renewal of a Mineral Extraction Permit. The recording secretary has placed the Planning Commission Regular Meeting Minutes November 23, 1999 Page 2 Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Shafer Contracting for the routine renewal of the mineral extraction permit on Lance Johnson's property. There have been no complaints concerning this mining operation. Mr. Pearson requested the terms and conditions of operation be changed removing the language concerning tax reporting to Dakota County, changing the hours of operation to 7:00 a.m. -7:00 p.m. to conform with the zoning regulations, and changing the bond amount to $5,000 per acre. Chairperson Droste opened the floor to the applicant. Scott Spisak was available to answer questions. Mr. Spisak indicated the recommended changes to the terms and conditions of operation are acceptable. Chairperson Droste opened the floor to the public. Charlie Koehnen, 12255 Rich Valley Blvd., commented that, ever since Mr. Johnson removed the gate to the property, people have been driving onto the property and dumping materials. He requested that Mr. Johnson be required to re- install the gate so people would not have access to the property for dumping. Lance Johnson indicated the previous operator had put in the gate, and he is not willing to re- install it. George Matson, President of Shafer Contracting, indicated he did not have a problem with a gate provided it is approved by the property owner. Commissioners discussed the gate issue, including the appropriate location for a gate. There was a minimum expectation for the gate to be located at the entrance to the Johnson property. If Koch is willing to participate, the gate could then be located closer to CR #71. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Tentinger to recommend that the City Council renew the mineral extraction permit for the Lance Johnson property subject to the draft conditions for 2000, with the following modifications: 1) Paragraph Y pertaining to tax reporting requirements to Dakota County be deleted; 2) Paragraph L be changed to reflect operation times of 7:00 a.m. to 7:00 p.m.; 3) Paragraph M be changed to require a $5,000 /acre bond; and 4) a new paragraph requiring the installation of a gate at the entrance to the Johnson property A where the mining operation is located or, if Koch is willing to participate, the gate can be located closer to CR #71. Seconded by Droste. Ayes: Tentinger, Droste, and Weisensel. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes November 23, 1999 Page 3 There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 7:42 p.m. Respectfully submitted. t. gib Dianne G. Quinnell Recording Secretary w