PLAN COMMISSION

June 23, 2005

Members present: Koch, Yoerg, Mailloux, Gilbert, Caruso and Bieraugel

Others present: Gordon Konard, David Robson, Brian Zeller, Craig Lillia, John Rask, Dennis Kroll, Justin Reichel and Denny Darnold

The meeting was called to order by acting-Chairperson Koch at 7:00 p.m.

Moved by Yoerg, seconded by Caruso to approve the meeting minutes of 6/16/05.

Motion carried.

Final plat, Red Cedar Canyon Deerwood Overlook, 22 townhome lots (5 four-plexes and one two-plex), Red Cedar Canyon planned residential development (northeast quadrant of West Canyon Drive and Deerwood Court) – Hans Hagen Homes. Darnold reported that the final plat is in compliance with the conditional use permit approved for the planned residential development and the approved preliminary plat.

Darnold recommended approval with execution of the final plat upon execution of a development agreement.

Moved by Gilbert, seconded by Bieraugel to approve and recommend approval of the final plat of Red Cedar Canyon Deerwood Overlook as proposed by Hans Hagen Homes with the following condition that the plat may not be filed until the development agreement is executed. Motion carried.

Preliminary plat, Hills of Troy, 13 one-family residential lots, west 38 acres of the overall development is located in the city of Hudson extraterritorial subdivision review area, NE1/4, Section 10, town of Troy (north of Coulee Trail) – Troy Development Corporation. Darnold noted that the proposed subdivision has changed from what was originally presented to the plan commission during the concept review. The plan now shows 13 lots in the 38 acres within the city’s review authority. Previously the concept was that the westerly 38 acres were to be placed within conservation easements and left undeveloped. Craig Lillia, Troy Development Corporation stated the change was based on compliance with the town of Troy’s policy of utilizing the conservation easements to reserve the prime farmland.

Yoerg asked what type of private septic system will be utilized, common sewer system. Lillian responded that due to depth of bedrock mound systems will be utilized.

Bieraugel questioned the town’s policy on reserving the farmland versus the timbered areas. Lillian answered that a few years ago the town surveyed the residents,

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and their response was to reserve the agricultural setting and the prime farmland.

Moved by Caruso, seconded by Mailloux to approve the Hills of Troy preliminary plat located in the town of Troy (extraterritorial subdivision review). Motion carried.

Bieraugel asked that the plan commission spend a few minutes at the end of this meeting to discuss review of the extraterritorial plats and the conservation easement and septic system policies. The plan commission members agreed to discuss these items toward the end of the meeting.

Concept development plans, STS Properties office facility, 721 Second Street – Tom Springer / STS Properties. Darnold noted that there were three concerns expressed at the previous discussion / review of this concept proposal. Darnold noted that storm water drainage, access and fire protection were the three issues of concern. Darnold noted that he had met with Dave Krupich, fire inspector and that the concept was acceptable; but if possible, the driveway should be increased in width to assist in accessibility to the site. However, if a fire occurs, the suppression equipment most likely would be set up on the street to fight the fire. Darnold commented that the access to the site is proposed from Second Street. Darnold noted that the access to the Nor-Lake property from Elm Street is located further west than the Springer parcel and would require cooperation on the part of Nor-Lake, Kroll and Springer. Darnold stated that Jim Eulberg, Public Works Superintendent / Engineer and he had met with Mr. Kroll on the project site to review storm water issues particularly the use of the rain gardens and retention of all of the storm water on the site. Revised storm water calculations have been sent to Eulberg; however, the review by city staff has not been completed. Darnold stated that the plan commission can approve the concept development plans, but reserve the final development plan approval based on acceptance of the storm water management plan by the city staff. Darnold noted that the staff is not opposed to the concept of use of rain gardens to control the run-off and a pervious parking surface to allow infiltration. The issue for the city staff is if the plan can be implemented to retain the water entirely on the site without creating a drainage issue for the adjacent properties.

Kroll noted that the storm water plan addresses the 10 and 100 year storm events and that the calculations were completed with assistance by a MnDOT engineer. Kroll explained that the concept of the storm water management plan is to keep the drainage on-site and that there is excess capacity for storage incorporated into the plan. The pervious surface would be crushed / washed limestone approximately 6 to 8 inches in depth.

Yoerg asked how that type of surface may meet the requirements of the American with Disabilities Act (ADA). Kroll noted that area of the reserved parking stalls for persons with disabilities will be concrete with grooves to direct the flow of storm water runoff.

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Mailloux questioned how the owner would maintain the limestone surface during the winter months, particularly snow removal. Kroll noted that the parking lot will be plowed as normal.

Caruso expressed concern on the accessibility of vehicles to the site due to a 10 foot width of the driveway. Kroll responded that there is adequate width at the east end of the driveway to allow a car entering the site to move over to allow a vehicle to exit. Caruso asked if the entering vehicle would have full view of the exiting car. Kroll answered yes.

Yoerg noted that many of the businesses in the neighborhood have access to their businesses through the rear of their lots. Yoerg stated that it would be best for the property owners to cooperate on a joint access.

Mailloux asked about the possibility of overflow of storm water onto adjacent properties.

Kroll noted that an overflow pipe may need to be designed. Mailloux commented if that is a possibility, why not design the system to drain via a pipe to the municipal storm sewer system? Kroll stated that the proposed concept of storm drainage is to retain the drainage on the site and not discharge it to the river, but to infiltrate at the site. Kroll stated that this concept is well established and promoted by the Met Council. Darnold commented that the staff is not opposed to the concept, but whether the proposed system works.

Moved by Bieraugel, seconded by Koch to approve the concept development plans for STS Properties at 721 Second Street. Motion failed. 2-4, Yoerg, Mailloux, Gilbert and Caruso voting no.

Final plat, Ban Tara, 10 commercial lots, east of Carmichael Road and south of Stageline Road – Ban Tara, LLC. Darnold commented that the city engineer review identified three issues of concern and that two of the items have been addressed. The unresolved issue is whether additional area for storm water easement will be necessary along the south line of the proposed plat. Darnold also mentioned that there exists a gap that is being disputed along the north property line of the plat. Darnold noted that he reviewed the certified survey map of the property to the north recently filed, owned by George Hoel, does not include the disputed area. A letter from the surveyor explains the discrepancy which has occurred and is based on the survey monuments found. Darnold stated he also visited with Roger Bevers, River Valley Abstract regarding the issue and that Bevers opined that he felt this was not a significant issue. Yoerg asked if the plan commission should approve the plat knowing of the discrepancy. Darnold stated that the plat could be approved and recommendation forwarded to the Common Council with the condition that the city attorney review and comment on the discrepancy issue prior to the

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execution and filing of the plat. Darnold also reported that some grading had been conducted on the site that was not authorized by the city and disrupted slopes greater than

20%. He noted that area was not large in area and is presently being regraded; however, it did displace some trees. Darnold identified the area on the map.

Gilbert noted that an underground cellar existed in that area where the unauthorized grading occurred and that by grading and filling the abandoned cellar an unsafe condition would be alleviated. Darnold commented that St. Croix County has agreed to approve the sewer extension permit based on the developers providing a restoration plan, including revegetation. David Robson expressed that Ban Tara, LLC is willing to cooperate with the city and county on this matter and that the area has been regraded and that they will provide a revegetation plan.

Mailloux asked about proposed landscaping along Carmichael Road. Brian Zeller, Ban Tara, LLC noted that they will retain ownership of the lots abutting Carmichael Road and will propose a coordinated landscape plan for those lots.

Darnold noted that street names need to be modified, particularly Frontage Road and a decision must be made whether to use Center Drive or Bittersweet Drive. The plan commission recommended use of Center Drive.

Moved by Yoerg, seconded by Gilbert to approve the final plat of Ban Tara, 10 lot commercial subdivision as proposed by Ban Tara, LLC with the following conditions:

- Revisions to the final plat per the city engineer’s comments of 6-23-05.

- Restoration of the area at the southeast corner of proposed lot 7 with a revised grading plan and landscaping plan to be submitted to the city for approval.

- For the city attorney to review the gap discrepancy and forward an opinion, prior to execution of the plat.

- Developer to choose a new name for Frontage Rd. and that Center Drive will extend easterly from the east right-of-way line of Carmichael Rd. through the plat.

- The plat may not be filed until the development agreement is executed.

Motion carried. 4-1, Koch voting no, Bieraugel abstained due to possible conflict of interest. Koch explained that she has opposed this development since it has been discussed at annexation.

Conditional use permit, one year review, outside storage at 1500 Crest View Drive – Valley Pools and Spas of Hudson. Darnold commented that Valley Pools and Spas have been compliant with the conditions of the approval of the conditional use permit.

Darnold recommended that the permit be reissued for one year. Yoerg questioned why this would be limited to one year when others are extended for longer periods of time, 2 to 3 years. Darnold responded that is based on the specific type of use. Darnold

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recommended that the issue of extensions for reviews be placed on a future agenda for discussion.

Moved by Yoerg, seconded by Bieraugel to recommend to the Common Council to extend the conditional use permit for Valley Pools and Spas for one year with review for an extension in June, 2006 and with the same conditions of approval as set in the initial approval. Motion carried.

Xcel Energy request for the city of Hudson to participate in a landfill siting advisory committee to landfill fly ash from the A. S. King generation plant and that the Mimbach quarry is one of eight sites currently being reviewed by the advisory committee – Community Development Director. Darnold noted that the city of Hudson has recently been invited to participate in the advisory committee as the Minnesota communities asked that properties in Wisconsin also be considered as possible sites. Darnold explained that the Mimbach quarry has been added to the list of specific sites that the advisory committee will be reviewing. Darnold stated the city zoning code does not allow landfills in the I-2 District and that part of the Mimbach quarry site is located in the well-head protection district of which regulations do not allow a landfill operation.

Bieraugel noted that the fly ash is generally not a concern, but does require that the site be prepared with specific environmental protection considerations.

Darnold stated that if there were any specific concerns that the members of the plan commission may have regarding this issue to please let him know.

Review of restricting construction of buildings with metal facades – Plan Commission. Darnold noted that this issue was requested to be placed on the agenda for discussion by plan commission members Breault and Mailloux. Darnold commented that before preparing any recommendations that he wanted to be sure what the issues may be regarding metal facades. Mailloux commented that a concern is that metal buildings have not been able to retain an aesthetic appearance over a period of time. Yoerg commented that more buildings are now incorporating metal roofing into the design of the building also. Darnold stated he will prepare some alternative considerations for the plan commission to review.

Other business for discussion only or placement on future agendas. Bieraugel commented that he would like to have discussions regarding septic systems and conservation easements placed on upcoming agendas.

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Yoerg asked about the issue of consistency of concept development plans to final development plans be monitored and the plan commission advised when changes may be proposed.

Darnold commented that the request for qualification (RFQ) for the update of the city comprehensive plan should be completed soon and forwarded to potential consulting groups.

Moved by Yoerg, seconded by Koch to adjourn. Motion carried. 8:19 p.m.

Respectfully submitted,

Dennis Darnold, Secretary