11-28-06 workshop ordinance amendments
New Scandia Township
Minutes of Town Board/ Planning Commission Workshop Meeting
Tuesday, November 28, 2006
The meeting was called to order by Planning Commission Chair Chris Ness at 7:00 p.m. Present were Planning Commissioners Donnette Yehle, Kevin Nickelson, Jim Malmberg, and Peter Schwarz.;
Town Board Chairman Dennis Seefeldt, Supervisors Michael Hinz, Blair Joselyn and Nancy Madden. Also present: Township Attorney David Hebert, Township Administrator Anne Hurlburt and
Planners Richard Thompson and Berry Farrington, TKDA.
Open Space Development Ordinance
Planner Dick Thompson presented the revised draft of the ordinance and asked for questions or comments.
Kevin Nickelson said that he was concerned that parts of the ordinance seem to be contrary to the purpose of preserving good agricultural lands; for example, allowing golf courses &
motorized trails. There was discussion on whether any open space developments have preserved agricultural land. Other than Emerald Acres, most have not. Peter Schwarz said that preserving
rural character required preserving agricultural land of various types. Thompson will add “agricultural lands” to the definition of Open Space Conservation Subdivision.
Jim Malmberg questioned whether the purpose statement in Section 4 of the draft ordinance should “encourage” development. It was decided to remove “development of” from that sentence,
and to remove the word “possible” in the next sentence about protection of ecologically significant areas.
Planner Thompson suggested a change to the draft, page 2 section 6 (3) (A) to remove the reference to the 2006 price of affordable housing. This will be change to reference the definition
by the Metropolitan Council for the latest year for which an affordable housing threshold has been established.
Thompson stated that the references to “Open Space Development” throughout the Development Code would be changed to “Open Space Conservation Subdivision.” References to township or
town board will also be changed to city or city council.
Thompson reviewed the evaluation of the Tii Gavo development used as a test case for the draft ordinance. There was discussion of how the point system should have been applied. Thompson
pointed out that developers will be starting from a zero bonus and will need to prove they deserve the bonus, not the other way around. The second paragraph on “bonus density” will
be revised to make sure that this stands out.
Nancy Madden, seconded by Jim Malmberg, moved to schedule a public hearing on the ordinance at the January 9, 2007 Planning Commission Meeting. Motion passed.
Mining Ordinances
Administrator Hurlburt explained that on January 2 the new City of Scandia will take over responsibility for regulation of mining operations, and that ordinances need to be brought up
to
date. Current township permits will expire March 1, and the county’s five-year permit for the Tiller pit is also expiring.
Attorney Hebert asked if the ordinance would be based on the current township ordinances or on the county’s regulations. Thompson explained that it would be an entirely new ordinance,
based on both of those ordinances as well as those used in other communities.
Planner Thompson explained the need for good definitions in the ordinance. The length of the permit and the process for review need to be decided. Planner Farrington reviewed the need
for submittal requirements and performance standards. A traffic study would be required; this could be done by the applicant and reviewed by the city or prepared by the city and charged
to the applicant. The ordinance needs to explain when environmental reviews (EAW/EIS) would be required.
Peter Schwarz asked how the impact on roads would be considered. The planners explained that a performance standard could require mining sites to have access to 9-ton roads, and if
not they may have to upgrade the road.
The possibility of five-year permits, with annual reports and inspections was discussed. The status of the existing five-year county permits was discussed; Attorney Hebert said they
could continue and the new city permit could be required when they expire.
Kevin Nickelson said that most of the issues with gravel pits in the past related to groundwater, noise, air quality and trucks spilling on roadways. Inspections need to occur while
pits are active. Planner Thompson said they could estimate the cost to administer the ordinance. Administrator Hurlburt said that the fees need to cover the cost of enforcement.
Resident John Lindell said he had a number of suggestions for the ordinance. He was asked to contact Planner Thompson directly.
Woodland and Tree Preservation Ordinance
Planner Farrington reviewed the changes since the last draft. The definitions were reviewed and the lists of “primary” and “secondary” tree species were discussed. It was agreed that
Amur Maple should be added to the list of invasive species; scientific names should be added for all trees; American Elm should be added; and, the definition of coniferous trees should
be revised so it clearly includes tamarack.
The requirements for woodland preservation plans were discussed. Item (C) 2. a. will be revised to indicate that boundary lines must be “as established by a survey.”
It was agreed that the payment to the tree replacement fund, in lieu of planting replacement trees, should be increased from $75 per caliper inch to $100 per caliper inch, throughout
the ordinance.
Dennis Seefeldt moved, seconded by Nancy Madden, to schedule a public hearing on the ordinance amendment at the January 9, 2007 Planning Commission meeting. Motion carried.
Performance Standards for Swimming Pools
The request by Pam Huberty that the township amend the development code to allow certain types of pools covers to substitute for the requirement for a fence. If the ordinance is not
amended, the Hubertys will be required to install a fence for their pool.
After some discussion, Chair Ness asked for a show of hands of those commissioners and board members willing to consider an amendment. Five were in favor, four were opposed. It was
decided to place the item on the January 9, 2007 Planning Commission agenda for discussion. Staff was asked to research the building code requirements for pools.
Definition of “Agricultural Building”
Kevin Nickelson explained the issue, which is how the zoning regulations for the number and square footage of accessory buildings and agricultural buildings apply to parcels between
20 and 80 acres, for true agricultural uses as opposed to personal storage uses. Attorney Hebert was asked to research how the state law applies, prior to the next meeting.
Additions to the Agenda
Attorney Hebert reported that an ordinance amendment will be needed to require public hearings for minor subdivisions. While the township has been holding hearings, the ordinance does
not technically require a hearing. It was agreed that a public hearing would be held at the January 9, 2007 Planning Commission meeting.
Next Meeting
The date for a meeting to discuss a draft mining ordinance, and discuss regulations for agricultural buildings, will be chosen at the January 9, 2007 Planning Commission meeting.
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Anne Hurlburt
Administrator