Planning Commission - Regular Meeting

Right. Like to call to order the Tuesday, June 3rd, planning and zoning uh mayor planning and zoning. First step would be to approve the agenda. Do I have a motion to approve the agenda? Motion. Second. Motion and second. All in favor say I. I. I. All. Any denters say nay. Right. Is approved. Um, approval of the minutes from the May 6th, 2025 planning commission meeting. Motion. Second. Motion and second been made. All in favor say I. I. I. Any nays? Motion passes. Right. First order of business. Uh, site plan review for Mayor Lutheran High School classroom edition at 3067th Street Northeast in the public institutional district. Do you want to get that started, John? I can do a quick overview of what we have proposed here. So, uh, what we have before you tonight is a site plan review. Um, a site plan is, uh, a review where it's a permitted use, and we kind of go through it. There's no public hearing required, but we review the planning commission who makes a recommendation to the city council for final approval. And what the site plan is for is a classroom addition, specifically science classroom addition to the Mayor Lutheran High School. Um, this, uh, structure has had some additions in the past. Uh, I think it was about eight or 10 years ago, there was a fieldhouse, there was a parking lot expansion. Now they have the classroom expansion. Uh, the property itself is zoned public institutional uh, from a zoning standpoint and it's guided for public quasi public and the future land use map. So, this use does comply with that. Um, all the setbacks, lot coverage and those items uh will be met. there is no, you know, zoning things that aren't being met from that standpoint. Um, the building itself, uh,

the addition will be approximately 9,800 square feet and this goes back the total square footage of 100,977 square ft and that does not include the previous fieldhouse addition. So, there's fairly good size structure there. um property size, the acreage is 19.73 acres and there's another parcel that is 5.72 acres to the east of that which contains part of the track area and field areas and I think there's like a storage shed out in kind of the very eastern end there. So a total of 25.45 four or five acres alto together. Um uh adjacent uses are, you know, things in the area. There's low density residential to the south and east. Um single family dwellings in that case. Uh to the north is uh property owned by the school as well. It's basically vacant at this point. And there's commercial businesses across trunk highway 25 kind of the northwest. And to the west there's single family detached dwellings and also zone commercial and lowdensity residential. So similar uses in the area to the north which will you know school property and then single family kind of surrounding that. The um additional um square footage would require additional off- streetet parking. Uh going through the previous uh off- streetet parking expansion. There was additional stalls that were put in at that point. I think it was 298. Uh there's a total of 271 spaces that are needed. So there's still additional parking there. Um so there's no issue with the off- streetet parking. Nothing has to be changed from that end. Uh building design standards. Uh you know, this would obviously have to meet, you know, that criteria from what's in the zoning ordinance, which isn't too restrictive, but the building what's being proposed and designed will, you know, meet those standards, will be consistent with the rest of the structure. So no major issues from that standpoint. Um landscaping uh there are some landscaping requirements to be followed. They do have a landscaping plan that was submitted and it's basically called the

finishing plan in the plan set. And there's some uh trees at two prairie statesman Swiss stone pine and one American century lynen. Uh there's also a total of like 104 evergreen shubs to be planted in the courtyard. And if you're familiar with this, this uh addition will kind of enclose the center part of the building. Uh you can kind of see there's a long narrow point there and the addition will kind of be kind of southwest of that connecting where that sidewalk area is. So um yeah, so basically it'll connect this and you'll have a courtyard there and that'll have this landscaping uh area where all these evergreen shrubs will be planted. Um street access, there's no additional street access required with this. Um, you know, all the utility water and sewer connections will be reviewed by the city engineer as will the uh surface water management stuff. That's kind of the storm water uh thing. There's bio retention basin being proposed that has been reviewed. There was comments that I'll address here in a second. Uh they come in a memo dated May 21st, 2005. It had uh basically four fairly general comments. Um so any work I think there was a connection to a storm sewer manhole in trunk highway 25. There need to be some sort of traffic control plan to make sure that that's not affecting traffic going through there. But those conditions will need to be met as a condition approval of any site plan review. Uh plans were submitted to MINDOT. I don't expect any major issue there. Uh since really all we're doing is connecting to that storm sewer. So any permit in the mind right away or any work I should say will need a permit that's being done in that rightway. Uh we have not received any comments back from MDOT at this point, but the plans were submitted to them. uh any signage that's being proposed would have to meet the signage sections of the zoning ordinance and in the miscellaneous stuff, you know, regarding glare and lighting and all that sort of stuff would be met as well. Um if uh the planning commission uh recommends approval, there's 11 conditions listed

in the report. Um fairly standard stuff regarding building design, landscaping, uh the lot coverage, vegetation establishment, um signage, lighting, noise and vibration. The engineering comments from that memo from May 21st need to be satisfied. A building permit would be required before construction could begin. Uh the building design standards shall meet the zoning requirements and the mindot right away are review if they have anything, you know, comments that have to be addressed as well. So with that I can take any questions and obviously the uh applicants are here in the audience as well and it's not a public hearing but we can discuss and go from there. So do you want to say anything on top of that or just go ahead with pretty comprehensive? Yeah that sounded pretty thorough. Make sure it's all squared away. I'm Joel Lraer by the way executive director scale shooty who is our construction manager for the project. That's all I have. I mean, he covered everything quite well. I I will ad soon as we're able to get all of our documentation taken care of and all the permissions taken care of, we're ready to build. Okay. So, we're you know, famous last words, but theoretically go before turn. So, you're waiting on us. Okay. I wouldn't say that. encouraging. Anyone have any questions? I feel if they as as you said meet all the uh ordinances and stuff, I don't see why we wouldn't recommend to move forward. Yeah, this is about the most straightforward anything I've seen come across planning and zoning before. Everything's just already compliant. So, do we have any motion? I'll

motion make motion one in particular or to approve the site plan for Mary Lutheran High School classroom edition at 3067th Street Northeast. I'll second that. Excellent. All in favor say I. I. I. Any descent? Motion passes. That'll go to council next week. Final approval. aspects. Just came back from the watershed. It was an explanation of what type of equipment we were going to use to sell the top soil, what we were going to how we were going to treat the top soil, what our plan was for replacing the top soil. just everybody really probably the smallest plan review letter I ever saw come back with only three items up they were pretty quick explanations yeah make sure you check with mind on their permit as well for that connection so what color is it that was but They've got the plans. They've got the plans, but uh there was that uh comment letter from the city engineer. I don't know if you seen that yet or not. No. Yeah. So, it was from May 21st and one of the comments was to get a permit from MIDOT, which because you got to do work that right away. Um yeah, I'll email get this out to everybody. Basically, it just says it's pretty straightforward stuff, too. So, nothing's only four comments. So, if you

can send it over. All right. Okay. Well, thank you everybody. Thank you for coming out. Have a good evening. Next word. We like the short and sweet part. I was gonna say you guys should be at our school board meeting on it. Next on the agenda, we have zoning ordinance update discussion regarding the performance standard section. All right, let me just write something down quick and get going on this, too. All right. So what we have here tonight is the performance standards section. If you remember at the last meeting kind of went through the title and application, the administration and enforce enforcement sections and this section here once again there's not a lot of you know it's pretty straightforward stuff. Uh next uh month or the next two months we'll be looking at the general regulations. You can kind of see some of the items and there's more to that. That just cuts off. there's another page with additional items. And that's where we'll have discussions, you know, probably more detailed on, you know, some tree preservation or all these other things we've talked about, you know, over the last, you know, a couple years, um, storage containers, whatever. We'll kind of split that section into two different meetings because there's a lot there and it just depends how much you guys want to discuss. But for tonight, kind of go through this performance standard section. Um, it's not a lot of pages, but, you know, there are some things in there. Uh once again, the stuff that's underlined is kind of new text and some of this is being moved around in the ordinance itself. So it may already be in there. We're just kind of moving it to a new section and kind of getting everything in a more, you know, you know, things are spread out all over in the wrong sections. We're trying to get all that together. Stuff that's being crossed out is is being um removed in some cases, and I'll touch on this. It's being crossed out, but it's being moved to a different section, too. And then just the stuff with regular text, that's stuff that's existing that we're not we're not adjusting. But to start with, it's it's performance standards uh purpose, I guess, and it's to establish

general development performance standards. These standards are intended and designed to assure compatibility of uses to prevent urban blight, deterioration, and decay, and to enhance the health, safety, and general welfare of the residents community. Uh the first one is a dwelling unit restriction, and this is stuff that's currently in there. Uh but we're kind of adjusting the language a little bit and basically what this is saying is no garage, tent, accessory, building, motor home shall be used as living quarters temporary or permanently. You know, tents, playh houses or similar structures may be used for player recreational purposes and basement and seller may be used as living uh rooms uh living quarters and rooms as a portion of the principal residential dwelling. So basically just kind of some standard language. Uh the next one is the single family dwelling requirements. Oh, sorry. Um, so B on that what you just said, basements. Yep. Would they have anything as far as fire egress windows or anything like that? Well, it'd have to meet building code requirements. So, if you have um a basement as living quarters, it has to have the egress window or you know, or whatever the standards are considered. Okay. Yeah. it it and that you know we don't need to put all those details in the zoning or because that's addressed through the building code and it's section of the overall city code but it does allow you know basement to be used for that as long as it meets code requirements. Uh the next one's a single family dwelling requirements and uh basically it has some stuff regarding the single family dwellings um detached dwellings I should say and I did put in there except for approved manufactured home parks they have a little bit different standards you know when it comes to code stuff but you know just kind of going through these we got the state building code you know it needs to be on a continuous perimeter foundation that meets the state building code so you can't have um you know stuff on stilts or things like that it's got to be that perimeter foundation Um measurements should not be less than 30 feet in width. Uh our length and 24 feet in width over the entire length. Um

you know we did have it previously as 24. We didn't have the length in there. Um width measurement shall take into account overhangs or shall not take into account overhangs and the projections beyond the principal walls. Uh roof have have an earth covered composition metal, shingle or tiled roof. uh has to receive a building permit and she'll be in in addition to other information required. You know, indicate the size, height, design, appearance, all the sort of stuff you'd normally see on a typical building permit with the plans and things like that. Uh may not be in so uh variance with other stuff in the area. You know, you want to keep things fairly consistent to um help keep uh property values up and then meets the stand requirements of the state building code. So, and that's where we have that in, you know, referenced in other sections of city code. So, and you can kind of see some of the items that were down there. The one item I did take out was a minimum roof pitch of 312. There's quite a few roofs out there with these flat roof designs that you're seeing now. That's fairly common. It's becoming kind of a more style. Some of those roofs would not, you know, those houses would not fit under 312 building codes. So, um, that's kind of gone away from a standard standpoint. You don't see them, you know, tons of them, but there are some designs out there. you know, sometimes they have one like this way and one like that way. Um, some of them are more flat. It depends. So, all right. Um, temporary dwellings. That one's kind of being removed at this point, uh, and put into different section. Uh, we got, uh, platted, unplatted property. And just so you know, we have some areas in here like where it says section and it's kind of got a blank that'll reference the actual section and we just don't have those section numbers finalized yet in the future parts of the code. Those blanks will be filled in once this whole thing gets done. But basically what we're dealing is any person uh desiring to improve property shall submit a building official a survey of said premises and information on the location and dimensions existing proposed buildings location of easements crossing the property encroachments all that sort of stuff. So basically, you know, a survey

needs to be submitted with your building permit, which is basically the the standard that's being done right now. Um, you know, in some cases we have fences and things like that or a detached shed that it's in the middle of a backyard 50 feet from any property line. Those are pretty straightforward. You know, if we got a lot coverage issue that's very close, we may require the survey then. But as long as we know that they're got plenty of room on the setbacks, no issue with lot coverage, you know, some of that's been kind of just handdrawn in on previous surveys, so we're not getting, you know, forcing to update to, you know, help and save a little money, things like that. um they shall be placed so not to obstruct future streets. So if you've got a 10acre property and there's a street stub right into that, you don't want to put a house right where that future street will extend. So we do have the ability to kind of address that if that comes up. Um except in a PUD um or is allowed in the respective zoning district, not more than one principal building shall be located on the lot. That's pretty standard stuff there. You know, a lot of times you might see an industrial district, couple different buildings going on a lot, you know, storage, things like that. Uh on a through lot, both street lines shall be considered a front line when applying for yard setback. So if you have a lot that fronts a local street and backs up to another street, there's a few of them out there, but not many, you know, within the city. Um so we got some language in there about the setback stuff. Same with the corner lot, you know, the sideyard of a corner, what's kind of considered a front yard as well. Um the case of properties which above street easements, uh applicable setback shall be measured from the easement line. So, this is where uh you have property where the the roadway itself is not platted right away. All these newer subdivisions, it's platted right away. But if you have an old meats and bounds description, where's the setback go? The property line actually may go to the center line of the road. So, you can't base it off that. You base it off where that easement boundary is and that becomes, you know, the actual setback from that location. So, so we just got that addressed in there. Um outlots are deemed unbuildable with no building permit shall be issued for such properties except in the case of public

park facilities and essential services. And essential services are like um you know electrical, you know, boxes, different things like that, you know, dealing with cable, gas, all that sort of stuff. And typically outlots are platted as outlaws for future development and for them to be built on. And we've had this come up in um Fieldstone on the Cinnamon Point there. There was two out lots that were little triangle remnant parcels. The original developer wanted to eventually include them with property to the north. That never happened. And over time, he ended up selling both those outlots to neighboring houses that were platted. But one of the houses came in and wanted to build on that lot or one of the owners I should say. And they wanted to be able to extend the line. Well, to do that, we had to platplat that outlot and that lot into a new plat. And that allowed them to build out that little area and give them more yard space. So in that case they were like why can't we just build on the outlot? Well it was unbuildable. You know this is the language that kind of addresses that. So um because a lot of times those outlots have drainage utility easements over them that need to be vacated and things like that. Um letter G is lot frontage and access. Uh each lot shall have frontage on an abuing improved and city accepted public street in compliance with the minimum lot width requirements of the respective zoning district. So this is where it has to have that you know frontage onto a public lot. It doesn't allow you to, you know, give easements over neighboring properties and things of that nature. So, in older zoning code language, would this be referred to as ingress and egress? Yeah, ingress and egress. So, you know, like I said, that's where you may have an easement and ingress and egress easement over a property and the lot's landlocked behind there and they would get back to it by crossing a property. In this case, it's basically saying that any new lot has to have that required public frontage. Now there is a situation where you maybe go through a planning development and you have you know private streets and things like that that can be addressed. So it's not technically an approved um public street but it's through a private street through a plan development approval. You know that sort of you know situation is allowed as well. So

um so that's just some of the requirements on lots and things like that. The next one is kind of erosion and drainage and um basically this kind of is is a bunch of new language. Previously, we literally had like one sentence regarding this. And one of the biggest things in today's world when it comes to new developments is storm water and erosion, drainage, things of that nature. Obviously, the Carver County Wershed Management Organization reviews all your plats and developments and site plans, things like that, and they actually issue permits for for that storm water. So, this kind of gives some ability for the city to review things to meet certain standards. um under C under standards for instance is a NPDES general construction permit that's issued through the uh Minnesota Pollution Control Agency and what this is is for any construction that's over an acre in size and NPDS stands for national pollution discharge I think it's elimination system and what that means is it's it's to out there to manage the storm water until you get vegetation established whether that be seed sod and the seed grows in I think you got to have like 90% of the ground to be you vegetated and you can get that, you know, released. And ultimately, in like developments like Cold Water Crossing ETH edition, uh, if they do it the way, you know, in one that case, it's one builder, one developer, but if you if it's sold to multiple builders, they can transfer each lot into the builder's name. That builder can release each permit as they finish their houses. Uh, the developer can't release the overall permit until 90% of the houses are sided. So, that's a way to track that and to give leverage back to the Minnesota uh pollution control agency, you know, if there's a major storm water issue where also you got runoff going into, you know, the river out there and it just, you know, sediment going all over the place. Um, typically the MPCA doesn't get too involved in this, but they have the right to come out inspect at any time. and coming to mayor is probably not too realistic, but the more developing communities, you know, they typically will make a trip or two here in the summer just to make sure they go through a few projects and make their things are

for the most part um out there. But cities also review that stuff and it's kind of the city's goal is to, you know, stick, you know, get the things to the point where there's not an issue when the MPCA gets involved. And, you know, for the most part in mayor, we've never had any, you know, too big of issues on anything that's been um something to deal with. So, um, as we go through this, you know, it basically talks about like you get city engineer approval. Um, so they they have that prior to lease of any grading security. And this kind of has to deal with um, uh, you know, the like a development where they'd have a letter of credit or, you know, whatever. Uh, the ASB built certificate survey shall be submitted to verify the asbuilts. Um, you know, I I got to verify with with uh, you know, Bob or Dave Martini, the engineer, what they've been doing right now. But that's something that we know if they grade a site, we get that asbuilt survey, we know the grades are there. So, four years down the road, if a builder comes in and builds something, he says, "Oh, I'm three feet off. What goes on?" We can go back to that asbuilt survey and say, "This was the grade." When they got it accepted, what happened between then and now? It's either you or somebody else did something. So it kind of allows the city to have, you know, an assurance on who's doing what out there. Um approval of erosion control measures. The city engineer as part of any grading plan review has the ability to add silt fence, you know, you know, say we can do this, we can do that, or just the ability in Toronto to kind of on site, you know, if all a sudden we got some runoff going one area we didn't expect to throw some silt log or whatever up to try to fix something. Um, so it kind of gives a city engineer that ability to kind of do some of that stuff, which is should be in their hand to have that discretion. Uh, storm sewer inlets, um, just make sure they're functioning and draining. A lot of times when you have development in new streets, they'll put what they call like a sump basket or a catch basin basket in there and that allows when the water to come in. It catches the sediment until you know you get vegetation established in the neighborhood and then that sediment doesn't get into the storm sewer system or into the ponding because all these

ponds long term do need to be cleaned out and there there's an expense to that and it's not an easy process and a lot of times you have trees and willow stuff brush growing up along the edges. You got to clear that. So this just helps limit that. um sediment control practices. You know, these are things that you know, do you do downstream? Tracking. This is where you have a rock entrance in front of your garage or whatever that has the big rock. So, it doesn't allow sediment to be tracked out. It's not a perfect situation, but does help the situation. Uh seating, if it's left inactive, seven days shall be seated or stabilized. Um removal, all temporary erosion control dices, you know, hay bales, whatever, shall be removed. Um, and it must be within 30 days of establishment of per permanent vegetation. So, we, you know, sometimes you see somebody's been living in a house for 5 years and in the backyard they still got the silt fence all, you know, falling down and looking like crap. That should be removed. This just gives the ability to city to say, "Hey, you know, clean up your silt fence or clean up this or whatever, just so it doesn't get stuck there, you know, long term." Uh, sight the watering. This is, you know, where they got to go down into the ground. they're putting in sanitary sewer and you got groundwater, um, you may have to pump that groundwater out. You have to have a plan to where that's going to go. You also need a DNR permit to do that. I think that permit takes about 30 days for the DNR to get. So, you know, it doesn't happen in every project, but it gives us the ability to monitor that and regulate that if need be. Uh, waste and material disposal, um, just gives us to, you know, make sure you clean up all the garbage and debris on lots. Um, foundation garage floor shall be 18 inches above the crown of the street. And then it gives a city administrator or city engineer the ability to issue a stop work order if they are in continued violation. Yes, I brought that up like 15 to 20 years ago. And Rod said, well, there's some places where a driveway will go down and into a place. Yep, that is correct. So, is that something that the um engineers will look at if there's something like that? Yep. And it does say unless approved by

the city. But I mean that's what that's for. Yeah. Correct. Cuz I was picturing everything, you know, should be like street cut slow for the water. But anyways, up by uh but I ridge road like around the corner then it kind of goes down the hill by Drews or whatever. But so there is instances that could be covered. Okay. Yep. And and there are situations where you just have an existing house and as the road gets built there's just no way to make that work. So you have the key the reason why you want them up there is so water gets away from the house so houses don't have yeah water coming in the basement pump doesn't run 20 So is this was this anywhere else or is that new to um I can't remember if that was in there previous I got to double check I I I can't remember if I moved that from somewhere else or not but I do think it was in there somewhere I just don't remember where but that's part of what you know a lot of this is getting moved around so it's I just you know it might be there but it's just being moved or the wording got adjusted a little bit because I think we did something that was like must have did something in the middle of that. Yeah. Okay. One thing I noticed in the code a lot of the wording is you know it's probably 20 30 years old some of this and it's out of date with kind of today's practices. So the intent is there but the wording isn't necessarily correct. So we need to update the wording kind of today's practices and how stuff is done. So um but yeah and then you can see that last sentence there was crossed out. That's really what we had before you know where it yeah it says some things but just doesn't have the detail that you deal with in today's world. So, um, exterior lighting. Um, that's the next section here. This talks about, you know, you know, the foot candle or light candles, I believe it is, or foot candles are what they call it. Um, you know, so if you got, for instance, the the Dollar General market or whatever they got building, you know, if they have a light that's out there and it's shining bright right on them neighboring houses across the street, you know, we have lighting or this language here will basically address that. And there's lighting plans that, you know, they can put together that shows how this all, you know, will

illuminate the area and the property itself and has uh requirements in there about what how much can shine off the property, how much has to stay on the property. Um to be able to direct the lighting downward versus up into the sky so you don't have the air light pollution at nighttime. Uh different things like that. A lot of this comes into play in the commercial, you know, industrial, even like the mayor Lutheran school, you know, if they have lighting on the side of the building, that stuff can be addressed there. Um, let's see here. So, basically, I don't know if I need to go through all the details on this, but it just has some general um wording on, you know, different things, different setbacks. Uh, the C2 Central Business District um does have some exemptions in there because obviously you got property lines right up to the right of way. So when you have buildings right at the property line, you can't have setbacks like you have in other districts. So like at the bottom of the page, what is it? It says 47 on my thing, but that's 47 from the zoning ordinance. Um you that's where letter D, it talks about that. Um you know, temporary outdoor lighting used during customary holiday seasons or Civ civic celebrations, you know. So if you got lighting that's set up for, you know, some event or something that may be brighter than that, that's a temporary situation. That sort of thing is exempt from it. Um, Christmas lights uh would be exempt. It talks about airplane stuff, which really probably doesn't affect anything here. Security lighting, emergency lighting by police, fire, other rescue authorities. Uh, illumination of uh um US or Minnesota flags, public parks, trails, and recreational facilities. So, there's some things that we do exempt out of that. And then, uh prohibitions are laser strobe or flashing lights. Um you know, those are being prohibited. Uh the next section, smoke. Yeah, for the first part on 115 foot candles. That seems off the right. Yeah. So, it shall not exceed that um at above

or at ground level measured at any point on the property. So, um I mean if we want to adjust that that's you can. Yeah. Exactly. I'll be honest. Some of this language comes from a different ordinance from a different city. Yeah. So, it's not every city is the same. Everyone's got a little bit different take on things. So it's if you see something in there you feel like we need to adjust that can be discussed. Yeah. I just want to make a note that like 115 seems like a lot. Like this room is probably 70 to 80 foot candles sitting here. And it's not a linear. So foot candles aren't a linear linear. So if you double it, it's not double the brightness. It's about it's a logarithmic scale. So if you're double the foot candles, it's maybe one and a half the brightness on a scale. So, I guess my question is because I know I wanted to have them look at the erosion and drainage section, the city engineer, maybe just run that by them and see if they got a recommendation. Yeah, I mean that's I don't have a number in my head. I just know 115 something seems like a lot. That's right. I never heard of that term. I was at candle powers which is a bulb kind of thing. Yeah. usually lumens or lumens or conversions for all that. Yeah. So, I'll run that by I'll run erosion drainage section by as well. All right. The next few here like smoke, dust, and other particulate matter, pollution, noise, vibration. Um, these are all pretty straightforward, just little minimal things. Uh the the city code did have a section in there that addressed all this. And if I think it's on the next page um that's talking about waste. I thought I had it in here crossed out somewhere, but it literally had everything within like one little sentence. So what I did is I just kind of broke them out,

reference the current, you know, state statute sections or MPCA sections or whatever. So basically, we do have the right to regulate this stuff and rather than the city putting in their own specific code for every little item, we kind of reference out the state statutes and things like that. Um, yeah, noise, you can see where we just kind of updated the language there. Uh, glare, I I got that uh taken out, but that also is kind of being addressed in the previous exterior lighting section. So, and that's where, you know, once again, we're trying to um be consistent, get everything in the correct area. uh vibration, you know, obviously there's Minnesota MPCA rules for that. Uh residual features. This is one that basically uh talked about a lot of that stuff. That's what I think it was. Noise, odor, toxic fumes, gases, dust, smoke. So, I kind of took that residual features existing section and made these other three or five or six sections. Basically, bulk storage of liquid. Um this is basically all uses sodage stated with bulk storage of gas, fertilizer, chemicals, you know, whatever. Um shall meet state, county or federal requirements uh from those respective agency stating uses in compliance. I don't think we have a ton of that going on in mayor, but there are obviously industrial areas and cities that have that situation. Um the waste material section here uh just talks about waste shall be disposed in a manner consistent with MPCA rules. uh any accumulation you know on the premise should not be stored are uh not stored in containers which comply with uh uh Minnesota pollution control agency rules or the accumulation of mixed municipal solid waste generated has remained there for more than one week um just kind of goes through all this stuff talks about it um shall be abated you know cost of the abatement may be assessed nuisance is found you know to the property where the nuisance is found accumulation storage processing disposal waste on premise which is not generated on that premise is prohibited.

So we don't want to be bringing waste from a different site and stockpiling somewhere uh somewhere else. And then you can see that's the section we had a section in there that was already existing. We kind of just updated the language add a little bit more to it. Uh added this one with explosives. Um real quick on the waist side. Yeah. When we talk about waste zoning ordinance, how does that differentiate from other parts of the city code where we talk about solid waste? any dumpsters, trash cans, things of that nature, making sure you aren't It does differentiate, but it it's kind of the same thing, but it does differentiate it. This doesn't have the the detail, I would assume, like that other stuff, the other section of the chapter has. So, it's just given a little bit regarding the waste material, and it kind of fits in with these other items, you know, that we're dealing with. So, um, you know, that's one thing when we're all said and done, we kind of got to go through this when it's all done and make sure there aren't conflicts and we have to there might be somewhere else in the code that we have to address. You know, maybe a section has to be referenced differently or whatever. So, that's kind of a step that, you know, we're just kind of getting through the general text right now, but all that gets looked at. I should ask a city is a city attorney eventually going to look through all this one, you know, but at the end or how are they, what's the plan of that? have him give it a look at the very end once we get everything polished up. Yeah. And I'm sure there'll be a couple things C says this is this or that or whatever. It always is, but you know. So, okay. Uh the explosive section is just basically requiring uh storage uh any use requiring the storage utilation or manufacturing of project which could decompose by detonation shall be located not less than a th00and uh feet from any residential district. um this standard shall not apply to storage and this is existing language by the way just so you know um so you know basically that's there uh radiation electrical emissions um you we kind of talk about that as well so just want to make sure that

that's got some general language uh traffic control um basically what this is talking about is you know we have some stuff in there already letter A where it talks about it's uh it won't contribute to congestion on public streets safety hazards, excessive traffic through residential areas. Um, you know, basically, you know, traffic in out of commercial industrial. I added institutional uses. That's, you know, the school district or the mayor Lutheran school probably gets as much traffic as any place in this city. So, um, we added that in there. Um, no backing onto streets or pedestrian ways. So, you're not backing out onto trunk highway 25 if we can prevent that. Um, and then also it talks about no access drive shall be located 30 feet of any two intersecting street rightways. I took that out. It will be added back in when we deal with the uh the driveway off streetet parking that that's where we'll have a lot of specifics on those. So there's no point of having one little clause here and the rest of it's all be talked about somewhere else. So uh screening screening obstruction of view and this may be approved by the city administrator and except for a governmental agency for the purpose of screening. No wall fence structure, tree, shrub, vegetation or anything else shall be placed or extend into a yard or rideway area so as to pose a danger to traffic by obscuring the view approaching vehicle or traffic um or pedestrians from any street or driveway. So basically we're trying to limit a wall that's blocking everybody's view that also somebody can walk right out and be right in the lane of traffic or something like that. So and then we talk about the traffic and sight visibility triangle. I have a little drawing there that kind of uh shows this basically at any uh street um or driveway center line. We want to make sure there's a little sight line or sight triangle. So when you pull up, you know, you're not trying to look down the street and you can't see until you're inching out into that lane. You want to have that clear view so you can see people coming or other traffic coming from the other Second Street, Third Street, and Fourth

Street. Yeah, there's probably a few of them. And the funny thing is in in, you know, like downtown districts, you got the big buildings. They're typically right up in the corner. So terrible. Yeah. So there is some of it that does, you know, allow for that, but this is, you know, trying to prevent that. Like when the Dollar General went through there, you know, obviously we make sure that they don't have, you know, a bunch of trees or shrubs right in that. Especially if the bars are busy and there's cars too, you're like, "Okay, we're going to go." Yeah. So, basically, it talks about the the distances and, you know, what you got to do there and how that works. Um, and I did have under exceptions on the next page that, you know, if you got, you know, little bushes that are, you know, this tall flowers, you know, under three feet, that's allowed. You know, it's not, we're trying to trying to prevent that. And then properties in the downtown business district are exempt as well just because of there's no setbacks in that district. So um the next one's the the wetland uh protection and management. And this is some existing language that we have. And basically you do want to um you know look at wetlands. So when you have new developments we're not just you know plowing them under and whatever. You got to go through that process. does have a wetland consultant and it talks about you know impacts of wetland there's protective buffers um trails and sidewalks or you know in this case probably trails if you have a a wetland buffer on a wetland in the back of a development the the city does have the right to put a trail through there if it's considered an open space or an outlot and that's pretty common in a lot of cities they allow that buffer to have that trail um buffer is actually not the wetland itself it's protective buffer that's upland so to have that trail there we're actually fill in the wetland. Um, outlaw plat. I have a couple of these. I don't know if you notice are highlighted. Yeah, you can see that. Um, these are the items here that, you know, these are things we want to just uh um check before we do a final version. But for now, we have this in there. And I put in there an exception on property owned by the city mayor

shall be exempt from establishing outlaw or conservation easement for required buffer areas. And what this means is um if the city has a property, there's no point to the city platting a separate property just to protect the wetland if they own the property because the city's going to protect it anyways. So, you know, platting can get expensive and if city has to have the city engineer do this, it's going to cost money. So, we're giving some exceptions there. Then the outlaw plat. The reason I have this is letter B. Um it says it shall be platted as an outlaw if established part of a subdivision application. All our applications shall require dedication of conservation easement. So, we've had this kind of go both ways in the past and cold water crossing in the initial four or five phases. They had outlots, the ponds, I guess I should say, where we platted the lot lines through the middle. Now, in the last few, we've platted them ponds in an outlot that the city takes ownership of. It can be done either way, and I know the city the city kind of uh um changed its course as some of them came forward. So, I have this highlighted. I just want to have a discussion on that. Either way will work, don't get me wrong. So, I just want to say, do we want to actually restrict it one way or the other or does the city just want to leave that option open? And to me, I think it can go either way. It can work either way. It's just depends on what the city wants to do. I guess every city is a little different in that direction. Yeah. I guess my my preference is I like how we did it with the seventh edition. You carve out you carve out the storm pond and it gets deed over to the city and then we can control it. At least in my mind now that I a different city administrator might think differently, but those storm ponds when I look at them are no different than a manhole. They're no different than a water man. They're no different than our water tower. Those are utility structures to me. Yeah, grass grows around them and whatnot. Might get fish in it, but it's a utility structure first and foremost

in my mind. So that also helps. We get com we you get residents who will say, "Well, my property line extends all the way out there. That's my pond. I can do whatever I want with it." By having that all deed over to the city, you eliminate all of that. And then I have to go back and say, "Yeah, it does." But because that's our utility, we get to do certain things. And that by having a carved out deity, it just cleans all of that up. If anybody throws a dock in there or tries to, we can say, "Nope, that's city property. You don't get to put one in there because it's a it's a storm utility first and foremost. It's not a play feature." Yeah. And and just to follow up on that, the ones that have the lot lines running through the pond, the city does have a drainage utilities over all those ponds. The city has the right to legally go in there and clean that pond out or do whatever it needs to do. And what we found is like you said is people tend to think it's theirs and they're all they're putting docks or who knows what. A little more fill. Yeah. A little more fill or they're mowing right up to the edge or whatever. If they don't own it, they tend to stay out of that area and it's a it's an easier way to do it. And then and you know the city has the right to use that and do how they want. So but like I said, every city's a little different that way. Some cities don't care either way. Some cities like I know the city of Lakeville is die hard. It has to be an outlot. Everything is done in outlot. I mean, I bet they own thousands and thousands of little out lots and all these ponds and different things all over the place. So, um I know city like Prior Lake, I know, for instance, they they'll go either way depending on the situation. They don't really care. So, um but like like you said, u you have drainage and utility easements, but most people don't look at that. Yeah, exactly. Property lines. That's what m even though you point out here's your drainage utility, they go what's that? Everybody understands a property line. fewer people understand those drainage utility easements. So, it alleviates a

lot of that and maybe I'll just put in there uh leave the language as is, but just add a little term about unless otherwise approved by the city engineer because that does give the city, you know, the option or the flexibility if there's a specific situation where it just makes sense. Um, you know, maybe there's a big chunk of land on the other side of the pond that's part of the owner. I don't know. But, you know, it I don't want to be the so hardline that it's just this way or there's no other options. I want to at least have a little flexibility there because I do think there's always a situation where it probably does make sense. But I'm I'm also a guy I think the outlot is the way to go. But yeah, you need flexibility just in case of an exogen circumstance for sure. Um, and we're giving the city the ability to be flexible on their own property. you know, we're not requiring the city to do it, but the city owns it already. So, mental note for you, we got it. Um, one issue we do have is when we do future developments, we need a good access point to access the storm pond. Yeah. Cuz if we're going to go there and dredge it, we at least 20 ft of space to get equipment in there, do the work, and then get out with everybody throwing up fences and things like that. Some of these are inaccessible, right? I have to dredge it. You're going through a yard. Oh, there's going to be a couple angry property owners. It's not like you're not going to fix it, right? Well, the city would fix it, but they're not required to necessarily fix irrigation or fences. But, but I think in an act of good faith, if they would agree to it, I think we would be more agreeable. I definitely, but it's still a conflict, right? Oh, absolutely. Absolutely. Like, guess I come up to both of you, it's like you guys are neighbors. All right, we have to get to the storm pond to dredge it. We're about on, you know, two

months from now. We're coming in. We're tearing out your fence. ripping up your yard and you guys are very particular about those things. So now you're just pitching a fit. Are you going to stain the fence again when it's new? Because I'm I'm not. No. Whereas and match the standing we when we do these developments if we can allocate space where that's where we get in to do this work whether through easement or something else. We designate these lanes that this these are maintenance pathways to get to the storm pond. Yeah, we keep the lots out of the water a long time ago. Yeah. I mean, uh, when I first got here, that wasn't being done, but it kind of switched over, I would say about eight, 10 years ago, maybe somewhere in there. I know the seventh edition is the first one I remember did it, and then the their two re platted FA or the two last phases of Hidden Creek did that as well. So, I don't remember the exact years, but it's been Does that sliver of pond count towards your property taxes or is it only buildable land? there. So, could there marginal? That's something you need to talk to the county assessor about. It shouldn't. It should be based on kind of the usable area of your lot, but I don't know if the assessors always look at that look at it that way. Try to get as much out as you can. Typically, one additional benefit to the new homeowner potentially would just be Yeah, I don't eliminating the unusable piece from there. it it shouldn't really affect that, but every situation a little different on that, so it's hard to say, but yeah, they're just looking at your acreage or whatever. Yeah, that's sometimes what they do and it's like, wait a minute here, you know, I got I got one, I only got 10,000 square feet that's actually usable. But anyways, you know, back to the access to the pond. Um, there's different ways of doing that, too. Some cities require a 20 foot corridor that's part of the outlaw to the pond. Some people will allow the the access or drain utilities went down a side property line so somebody owns it. You can sod it, put irrigation in there, but

it gives them the ability. I've even seen some cities where they'll put like a class five base down and then they can put like 4 inches of dirt and sod over that base so it's not, you know, if they do drive back there, it's not going to completely brut everything up. Um, and you know, it some cities will allow fences in there, some don't. Most cities don't. I know there's uh I dealt with this a few years ago about three years ago. They had a 20 foot wide thing and he goes, "I want to put a fence and I'll give a gate, a big open gate. All you got to do is open it and close it." And the city in that case wouldn't even allow that even if they had the key to the gate to get in there. And you know, the owner wasn't happy, but he bought it knowing going into that and you know, he's trying to get something. But that that was one where I thought they probably could have let it go with what he was he was it was going to be a nice gate and fence and but it's I'd accept the gate. Yeah. I mean it it just depends you know they're like if we allow it here then we allow it everywhere and they just didn't want to open that can of worms you know so as long I would allow a gate as long as we got the agreement that yes we can enter exit as we need just we got that 20 ft or whatever that we can get in there because some like some of these ponds we can't yeah it's pretty tight on some of them the other thing is in a lot of these if you can you know in future developments you try to get ponds that are adjacent to you know a public roadway so you can come right off the street for really right like the southern ponds there along 25 or 30 there. It's nice to have them in the backyards. You know, it's kind of an amenity thing for them houses, but you know, from access from a city, it's not ideal always unless you have it set up. What? So, two neighboring side lots. What is the combined utility easement? 10 feet. A standard one is five and five. So, 10 total. But if you have a big, you know, piece of equipment going back there, that's probably not enough. You typically are going to need about 20 feet. I mean I think the what you're proposing just like requiring the outlot to include a 20 foot strip sounds I think those most convenient is there would there otherwise though be an option where like maybe more complicated language but to require the builder to

designate two lots that have kind of like like you have the emergency exit on a plane extra leg room. That's what I'm looking for is when they do the planning this is it. This is where you go to access it. The reason being is even though we have five foot drainage utility easements people put fences on property lines, they put fences here, put fences there, two feet off, there's a lot of that going on, we allow them within there because our fencing is according to the property line, not necessarily on correct the drain and utility ement. So dedicating whatever that may look like, I don't have the solution, but yeah. So, like for instance, this pond here, you know, it's surrounded by all these lots and I don't know exactly where it is, but somewhere this the the storm sewer system on these streets has storm sewer that drains this pond, whether it's down here or down there. Those that storm sew through line that does run down a lot line somewhere is typically where you may want to do that because it gives you the ability. You already have an extra wide easement there because those storm lines, you already take an extra 10 feet. So, it'll be a 10 and 10. So, you know, if this is the line here, these lots adjacent to it typically are a little bit wider because they have the extra drain utility easement. And what you want to do when you design it is try to find an area where you can say, "All right, we already have extra wide utility ement there. We can also make this the actual access location and designate that on the original plat. So, anyone that buys these houses should have, you know, some sort of disclosure or notice or whatever in place that they're aware of that down the road. Hey, you're buying this that someday the city might come in here, clean this pond out and go from there. Now, the big thing that we have with the city is, you know, this is an old development was designed years ago. These ponds, the city to come in here, they're going down these back lot lines all the way along here and some of these yards and we know in like the uh Hidden Creek in the initial phases, they're right up on them ponds. There's not a lot of space there. So, as we develop these in in newer

phases, there's going to be more room given in these backyards as well that has more of a usable backyard. At one point, I think the city even adjusted the setback to like 50 feet or something like that on on the R1 district, which really wasn't the issue. It was design of how the ponds were fitting in with the lots and all that. So, it's kind of a design thing. And you know, I do a ton of this type of development where if you do it right, you have room, you have a nice usable backyard, and then the city has the ability to get back into these ponds and clean them up. Now, the other thing, this type of stuff that we're talking about is really not a zoning ordinance thing. It's a subdivision ordinance item. So, you know, we kind of some of this kind of crosses over a little, but the details we're talking about right now should not be in the zoning order, should be in the subdivision ordinance. So, you know, I got a note down that, you know, and we've talked about this in years past in other projects and I know it's come up when they because you can see some of these extend in in this phase. It's an outlot. So, half of these ponds, well, here's the other thing I just dealt with last winter and this is where, you know, people own the ponds like this. And in one case, this guy in the pond was he had his line went all the way across. Well, the guy living here owned part of it. Well, his kids went out and made a sk ice ice rink across the technical line. He says, "That's my line. you can't be out there. And the city, you know, in this case, the city didn't want anything. It's just like, come on, let the kids out there, you know, they're crossing the line ice skating. And he's like, well, what if they fall? I'm going to get sued. You know, it's so eventually the city attorney said because this is considered drained utilities when it was the liability. Wasn't there in the property owner? No, I'm not an attorney to know. But things like that come up as well where this guy didn't want the kids crossing the line on the pond ice skating in the middle. You know, well, what if a kid goes out here in a canoe and canoes across the fish? you know, you're crossing technically property lines, but you know, it's it's just it's always things to talk about. So, eighth edition, I like to focus. Uh when I think about getting an access, I like how this is done. These tend to be bigger lot,

bigger backyards. Yep. So, right here is a natural area. So, when you do planning design, I was just going to say, if you zoom back in on the street, you can actually see here's the catch basins right here. Yep. It's right there. And they come from these intersections. There's a pipe that comes across and then runs there. And I think it runs there. And this is the outlet that goes into this pond right there. And see there's a dock actually. So yeah, but yeah, that's that's what it runs down there. It's nice to be able to do it on the rear yard, run along that way versus the side lot lines because rear yards got a lot more space to work with. So So that's ideally if you can make it work that that's what you want to do. So yeah. Anyways, and then the the last item and I have highlighted there under this wetland is the building setback. And this is a setback to the buffer line. I I got 10 feet in. I do have this highlighted. Um 20 ft for the rear shall be probably the delinate edge of all required wetland buffers at the time of development and a building set back and the 10 of sideyard. So what that's saying is if you have a wetland line and you have a buffer, you have to be set back from the buffer. So you can't build your house one foot off the edge of the wetland. It has to be off the buffer which gives a little bit of space to a wetland. Now this isn't a storm water pond like these are. This is actual wetland. And this is something I do need to check with you know city engineer on what's you know we don't really have a wetland management plan per se for the city. So if we come up with something here we want to make sure it's the correct dimensions and you know if you if you make it 10 or 20 or you know some cities I see are 40 or 50. Well that means you're just taking up you know buildable area on these lots. So, you know, 10 and 20 there works for me, but I got to see what sitting here says. So, and you can see we did uh have some language in there that's already there. And we're just kind of updating some of that. Actually references the 1991 conservation act. I think there was an update. I can't remember the year. So, it's not even referencing the most up-to-date, you know, conservation

wetland conservation act. Um, then lot maintenance. Um, I got in there, moved another section of the city code, surface water management. Um, when I say city code, that's not even zoning ordinance. It's it's part of the city code. So, these these items in here like lot maintenance for mowing. Obviously, we have a yard thing about mowing lawns. It's not in the zoning ordinance, but yet in the zoning ordinance. Now, we have maintenance regarding that, you know. So, this section of the zoning ordinance potentially conflicts with another section of the city code. Same with the surface water management. You know, that should go into the storm or the subdivision ordinance. And so we just want to make sure we're getting all their sections moved to the correct locations. So it's nice to have it there, but you know when there two different sections, somebody might read this and not even realize there's another section somewhere because you wouldn't think to look and then you miss might miss something that's important. So So with that being said, that's all I really have with this section. It obviously the performance center section got, you know, narrowed down a little bit, but we're kind of truly getting the performance items into this section. And like I said, the general regulations is where a lot of these other items go to. And this is there's a lot of stuff there. You know, like I said, I'll see how I break it up, which ones I'll try to get so we can have two even meetings with discussion. But I think in the next two sections, there'll definitely be some uh discussion on it. And then uh let's see here. And then we got after the general regulations, then we get into the zoning districts and the zoning map discussion. That'll be another couple meetings and that's where we'll kind of go through all the districts. We'll talk about lot sizes, setbacks, um and then, you know, from a zoning map standpoint, which is the map on the wall behind you there. Uh is the zoning correct within the city? Do we want to change any areas within the city? Now, we won't change zoning districts right off the bat. You know, once we get this approved, we can come back and do like a citywide reszoning if we feel we need to go there. Um I don't really think

there's much to probably change. We are going to look at adding the the I1 industrial just true industrial district, but I don't know if the property's ready for that. Like the Vinkmeer property, you know, southeast of town there. That's probably one that has some of that zoning, but until they're technically annexed, you know, we don't need to give that designation. Um there's some lots kind of um south of the the you know, south of this area, south of the elementary school and church over here that maybe we go from R1 to R2. Um there's a couple blocks there. Other than that, I don't think there's a ton to probably look at to be honest with you, but that's that's up to you guys to discuss at that time and we'll worry about that at a later date. So, so yeah, any questions on these things or we're good here? I think we're good. Um, next meeting, Tuesday, July 1st. I think that works. That's July 4th week. Is there going to be enough quum and everything or We're about to find out. I mean, I'm here the second. So, I'll be here. I'll be here. I'm here for the earlier part of that week. So, I'll be here. Yes. Those are all promises. Not from Tom. Not sure. We'll be here. I'm sure. I'm sure we're not too many. want to be here. Supposed to make the fourth on. Fourth is Friday. Friday. Yeah. It'd be Thursday night. Commissioner's report. Anyone? Anything? I've been out of a loop for a couple months. Store should be open in two weeks. Well, they won't pack for another three years. You want these back then? If you want to

leave them here, certainly can take them. I don't think anybody's plans. Never know. All right. Next item is adjournment. Motion. Seeking a motion. And a second. Second. All in favor, I say I. I. We are adjourned.