APPROVED
PLAN COMMISSION
October 4, 2007
Members Present: Ray Knapp, Dan Pearson, Chris Mueller, David Wolf, Bob Rolle, Mark Mitchell, Paul Mahler
Staff Present: Rob Jones, Cedar Corp.
Recording Secretary: Sharon Weide
Others present: Lil Riedel, JoAnn Rivard, Jim Fitzpatrick, Dave Roeker, Darla Roeker, Wally Riedel, Kernon Bast, Jan Cuccia and Jon Sonnentag.
Call to Order
Ray Knapp called the meeting of the Town of
AGENDA:
1. Approve Minutes;
Minutes of the September Plan Commission meeting
were reviewed.
Dan Pearson
moved to approve the minutes of the September Plan Commission meeting. Mark Mitchell seconded.
Paul Mahler amended the minutes to read Paul Mahler
instead of Paul Mitchell on the bottom of page 3.
Motion passed,
all in favor.
2.
Acknowledgement of
applications for action as regulated by SDO;
There were none.
3.
Ray Knapp told the Plan Commission that he had
received a letter from the
Jim Fitzpatrick, Executive Director,
Ray Knapp asked if the
Dan Pearson asked if all of the development rights
had been sold for the whole property.
Jim answered yes, and that the proceeds from the sale went into trust so
that it would aid in the operation of all of the facilities.
Bob Rolle asked if there were any plans to replicate
some of the activities that take place at the Minnesota Facility. Temporarily interpretive activities could
take place under tents, with portable out houses. Jim answered that the Center has considered
duplicating some of the activities but that the Trustees are very strict in their
interpretation of the restrictive covenants that are in place until the year
2013. There was additional discussion
around this point, including the possibility of becoming part of the local
school curriculum. Jim also stated that
they have been working on restoring the original habitat.
Mark Mitchell asked what would be housed in the
three buildings the Center wants to erect.
Jim answered that they would be maintenance, administration, and
interpretative buildings.
Chris Mueller asked if all the finances for the two
campuses were combined, or kept separate.
Jim answered that they were combined with the exception of a $250,000
endowment by the original owner that is to be used for
4.
Ray
Knapp explained that he had previously received a letter from the City of
He stated that Rob Jones had written a letter to the
City expressing the Town’s concerns over the proposed location of the access
roads.
Rob Jones reviewed the changes the City of
There was a discussion between Bob Rolle and Rob
Jones that clarified whether the required turn lanes had been addressed. There was additional conversation regarding
who owned the road and if it would be prudent at this time to begin
negotiations for joint ownership between the City of
Rob Jones will send a letter to the City expressing
the Town’s appreciation for their response to the Town’s concerns. He was also asked to note the Town’s goal of
maintaining a rural atmosphere along Town roads and alert the City to the
Town’s concerns about road cost sharing should the parcel to the north be
annexed.
5.
Review & recommend
request for additional phase – DCCI, Meadow Ridge of
Jon Sonnentag reviewed for the Plan Commission that
DCCI is requesting approval to complete the Meadow Ridge of Troy project in three
phases as opposed to the two phases that was previously approved. The proposed schedule will construct Phase 2
during the summer of 2008 and Phase 3 during the fall of 2009/spring of
2010. He went on to say that changes to
the developer’s agreement have been agreed to with the Town Attorney and that
the dollar amounts for the required letters of credit are being finalized.
Ray Knapp read an excerpt from last months Plan
Commission meeting requiring a review by the Town Engineer of the completed
phase to ensure that the developer is in compliance with the developer’s
agreement to date. He asked Rob Jones
for input. Rob Jones reported that the
development is in compliance with the developer’s agreement and that original
letter of credit is still in place so the Town is protected should that
change. He went on to say that Cedar
has completed a review of the construction plans for the additional phases and
doesn’t believe any modifications to the plans are needed. There was additional
discussion between Plan members and Rob Jones clarifying the letter of credit
requirements and the changes that have been made to the developer’s agreement.
Mark Mitchell
moved the Plan Commission recommend approval of the additional phases for DCCI,
Meadow Ridge of Troy contingent on the developer’s agreement being updated and
signed by the Town Board meeting. Paul
Mahler seconded. Motion passed, all in
favor.
6.
Concept – Kernon Bast,
Jon Sonnentag, representing Kernon Bast, reviewed
the original design that had been proposed at the July Plan Commission
meeting. He reminded the Plan Commission
that they had some concerns about connectivity and visibility from
There was considerable discussion between commission
members on the pros and cons of each design, which would provide the optimum
connectivity, the landscape plan and the lot configuration. It was stated that Mr. Bast has agreed to
limit the height of the homes built to 28’.
Mr. Knapp also asked if he would consider agreeing to limit the colors
to “earth-toned” in the developer’s agreement.
Kernon Bast asked if there would be a problem with pulling the
cul-de-sac down the hill. If that were
possible the homes could be built further down the ridge.
Ray Knapp then asked the Plan Commission members if
they would support the maximum number of development rights on this
property. The consensus was yes because
of the location of the property, just south of the Town of
Paul Mahler expressed his concern that there be
screening on the ridge and would like to see assurances that the screening
remains. Bob Rolle stated that the home
height of 28’ includes the first level if that level is a walkout.
Ray Knapp then asked the Plan Commission which of
the two options they would prefer to see move forward. The consensus was option two with
connectivity to the west.
Jon Sonnentag then described the configuration of
the outlots in each option. Ray Knapp
asked if it would be possible for shared septics in this development as in
Cottonwood South. There was considerable
discussion on this point that centered on State and County requirements, soil
tests, the reasoning behind shared septics in Cottonwood South.
Wally Riedel, neighbor to the east, requested that a
woven barbed wire fence and a berm be installed between the proposed
development and his property in order to keep people from getting into his
pond. He went on to say that he plans to
pasture the field next summer for horses.
He is also concerned about snowmobiles and ATV traffic, and increased
runoff from the development into his pond.
Ray Knapp stated that any increase from natural
runoff must be contained in the development.
Bob Rolle went on to state that the developer must pay for a fence where
there are pastured farm animals, but that a berm would not be required. There was additional discussion about liability
if someone were to fall into the pond.
JoAnn Rivard, neighbor to the south, stated she and
her husband would like a barbed wire fence with a berm and trees in the
back. They are also concerned about the
additional septic and wells drawing down the water table. Mark Mitchell asked her if connectivity to
the west in the new design would be of benefit to her and her husband. She said yes.
Ray Knapp summarized by saying that the Plan
Commission generally concurs to the maximum number of development rights moving
in. The Plan Commissions preference is
for option 2 with connectivity to the west.
The height of homes should be restricted and they should be constructed
of earth-toned colors. The tree line on
the ridge should be filled in. The
developer shall construct a fence to accommodate the neighbors. The developer should entertain shared septics
and can present a future proposal to the Plan Commission.
7.
Building Permits/Utility
Permits;
Members of the Plan Commission reviewed the Building
and Driveway permits.
The following utility permits were submitted by Rob
Jones of Cedar Corp.:
Permit # Applicant Address Project
gas
line along the north side of
including
boring under
east
of the
gas
line along the south & west side of
including
boring Southern Pacific Rd. &
U-011 AT&T
line
along the north side of
from
westward.
Chris Mueller
moved to recommend approval of the utility permits. David Wolf seconded. Motion passed, all in favor.
8.
Review & recommend
Riverway application timeline;
Ray Knapp stated that that this item is not ready to
discuss.
9.
Committee Reports &
correspondence;
Ray Knapp reported that he received a copy of a certified
letter on 9/23 from the Town Attorney to the bond holder for Precision
Excavating and Grading.
Ray Knapp received a copy of a letter addressed to
Rob Jones regarding erosion control at Walnut Hills. Rob Jones reported that he is working with
the Town Attorney and Tammy at the County to develop a new time frame for
completion.
Ray Knapp reviewed a letter from Joe Merchak and
asked if the consensus from the Plan Commission was that the correct process,
should Joe elect to move forward with his proposals, is to apply under the new
Riverway Ordinance. The consensus was
yes.
Ray reviewed an email from Rob Jones to Bruce Lenzen
that stated the documents still required in order for Mr. Lenzen to be on the
November agenda. Rob reported that the
required documentation had been received.
Ray reported that he received a letter from Bob
Setzer stating that the changes made at the boat launch continue to cause
erosion on his property. He will put the
Seltzer’s on the October site visit agenda so that this can be resolved.
Ray handed out a letter from Cedar Corp. to Jill
Berke outlining options available to the Town to acquire park land.
Ray handed out a packet from the DNR that states its
ruling on the Ordinary High Water Mark.
He asked Bob Rolle if the Town should challenge the DNR’s findings. Bob said no.
Bob Rolle reported on finding a zoning map that was
adopted by the Town in 1980, and subsequently adopted by the County in
1982. His belief is that this may affect
zoning within the ETZ.
Ray Knapp reported that he spoke with the Lockwoods
on
Bob Rolle reported that he attended an annual
Riverway Commission meeting. There were
comments by the Sierra Club at that meeting that the Town had overstepped it
bounds in enacting a riverway ordinance.
The RWO committee will be drafting a letter to the DNR asking for its
legal opinion as to whether NR118 requires a county to enforce its riverway
ordinance in Towns with village powers.
Dan Pearson reported that he received an email from
the UWRF stating they are considering a wind generator and asking if any Town
permits are required. Ray Knapp stated
that this would be a County special exception and that the Town would give its
input to the County as requested.
Dan Pearson has been requested to meet with a
landowner that is considering the possibility of donating land to the Town for
a park. This is within the River Falls Urban
Boundary Area. Ray Knapp and Bob Rolle suggested
that Dan mention selling the development rights and then donating the land so
that both the landowner and the Town might benefit from this.
Ray Knapp thanked the Plan Commission members for
their attendance at the September site review.
10.
Adjourn;
Dan Pearson
moved to adjourn the October 4 Plan Commission Meeting at 9:05 PM. David Wolf seconded. Motion passed, all in favor.