Unapproved minutes
Lakewood Planning and Zoning Commission Meeting
Tuesday, January 29, 2008, at 7:00 PM
Lakewood Town Hall
Present: Chair Bob Wolfe, Inese Holte, Ann Cutts, Chris Roningen, Dick Bodine, Robin Downs, Zoning Administrator Brennan Mears, and Recorder David Gerhart. Cutts had to leave the meeting at about 9:00 PM. Other citizens were present, including Supervisor Phil Halverson (see attached register).
Pledge of Allegiance: The Pledge of Allegiance to the flag of the United States of America was recited by all present.
Wolfe called the meeting to order at 7:05 PM. All members present were voting members.
There were numerous citizens present (see attached register) to hear a presentation by Greg Follmer. However, Wolfe stated that the Commission was advised (via the Town Board) not to discuss this issue based on the recommendation of the lawyer representing the Minnesota Association of Townships (MAT). The reason for the recommendation was the ongoing lawsuit against the Town regarding the zoning on Highway 61. Follmer stated that he had not been informed that he could not give his presentation, but that he would speak during the public comment period.
Wolfe then asked the Commission to approve the meeting minutes of the Lipe Conditional Use Public hearing as well as minutes from the regular Commission meetings held on October 30, 2007, and November 27, 2007. The meeting minutes approved were as follows:
Lipe Hearing minutes of August 15, 2007:
Changes:
Page 1, paragraph 1, line 2: Change Town Board of Supervisors to Zoning Administrator.
Page 1, paragraph 6, line 1: Delete the Town’s point of view, stating that there were.
Page 1, paragraph 7 #1: Change zoning ordinance to conditional use permit.
Page 4, paragraph 3, line 3: Change Timberline to Lipe Bros.
Motion by Cutts, second by Holte, to approve the revised minutes. Carried unanimously.
Lipe Hearing minutes of August 28, 2007:
Changes:
Page 1, paragraph 6, line 1 (Inese Holte): Change minutes of the 27 minutes to acceptance into the record of the minutes of the 27 prior meetings.
Page 3, middle of page, under Attorney Reed: add descriptions of communications as follows:
Bob Wolfe – had two communications with Supervisor Halverson in reference to vacation plans in Colorado
Inese Holte – emailed Supervisor Musick asking 1) whether the 60-day rule is an issue, and 2) whether the Commission had to accept into the record the entire minutes of the 27 meetings in which Lipe Bros. was mentioned.
Page 5, under Findings of Fact by Commission, line 2: Change used to uses.
Motion by Cutts, second by Holte, to approve the revised minutes. Carried unanimously.
Lipe Hearing minutes of September 17, 2007:
Changes:
Page 3, eight lines up from bottom of page: Change 2206 to 2006.
Page 5, line 9: Change N. Tischer to W. Tischer.
Motion by Downs, second by Cutts, to approve the revised minutes. Carried unanimously.
Lipe Hearing minutes of September 25, 2007:
Changes:
Page 2, paragraph 5, line 6: Change information that you are relying on when making your decision and whether a court is able to understand the logical process that led to the decision to information that the Commission is relying on when making its decision and whether a court is able to understand the logical process that led to the Commission’s decision.
Page 3, paragraph 4 (the paragraph beginning “Call Question”): A comma is misplaced after the word monthly: Change to monthly, died
Page 3, paragraph 4, line 8: The word “to” should be eliminated, so that the sentence reads, “…change the date from December 31, 2007, to September 30, 2008.”
Motion by Downs, second by Cutts, to approve the revised minutes. Carried unanimously.
Lipe Hearing minutes of October 23, 2007:
Changes:
Page 1: Under Present, Attorney Shawn Reed is listed twice.
Motion by Cutts, second by Holte, to approve the revised minutes. Carried unanimously.
Planning and Zoning regular meeting minutes of October 30, 2007:
Changes:
Page 1, paragraph 2, line 4: Change 7:00 PM to 7:00 PM because attorney Strom was unable to attend tonight’s meeting.
Motion by Holte, second by Downs, to approve the revised minutes. Carried unanimously.
Lipe Hearing minutes of November 13, 2007:
Changes:
Page 1, line 2: Change 10/23/07 to 10/30/07.
Page 1: Under Present, Attorney Shawn Reed is listed twice.
Page 1, last paragraph, middle: The sentence beginning Present at that morning meeting as well as the remainder of the paragraph was changed to the following:
Present at that morning meeting were Supervisor Halverson (appointed by the Town Board to be a liaison between the Planning and Zoning Commission and the Town Board), Jerry Lipe, Mears, Reed, and Overom, who expressed frustration that Strom was not present. When contacted that morning by Mears, Strom indicated that he had previously contacted Reed by email and voicemail explaining that a meeting to discuss lot coverage was not necessary at this time because of the contemplated change to the “business activity area” terminology.
At the meeting tonight, Strom indicated that he was, therefore, not prepared for a meeting that morning. Also tonight, Reed acknowledged receiving Strom’s email and voicemail before the morning meeting. Mears, who at the time of the morning meeting had not seen Strom’s email, said tonight that he felt that the scheduled morning meeting was a misunderstanding. In any case, Reed, Jerry Lipe, and Dean Lipe exited the public hearing after the Overom letter was presented to the Commission.
Motion by Holte, second by Downs, to approve the revised minutes. Carried unanimously.
Lipe Hearing minutes of November 27, 2007:
Changes:
Page 2, line 4: Change the sentence: Motion to accept this paragraph by Holte, second by Cutts. To: Motion by Holte, second by Cutts, to accept this paragraph.
Motion by Downs, second by Cutts, to approve the revised minutes. Carried unanimously.
Lipe Hearing minutes of December 18, 2007:
Motion by Holte, second by Cutts, to approve the minutes. Carried unanimously.
Planning and Zoning regular meeting minutes of November 27, 2007:
Motion by Holte, second by Cutts, to approve the minutes. Carried unanimously.
Motion by Dick Bodine, second by Downs: In the event that a public hearing extends beyond one meeting date, the minutes from each meeting date shall be approved at the beginning of the next meeting of the Commission. Carried unanimously.
Representative chosen to Board of Supervisors meeting on February 6: Ann Cutts
Zoning Administrator’s report: Mears
Three permits were issued since the last meeting. Variances were granted for properties on Lauren Road and Radtke Road. Two individuals have volunteered to be on the committee that will address importation of fill into the township. Mears asked Commission members to review the sections of the Ordinance that deal with the road frontage requirement and construction on nonconforming lots of record, specifically pages 15, 31, and 48-50. Wolfe indicated that Mears should ask the Town Board for permission to place this item on the agenda.
Public Comment
Greg Follmer asked to speak. He had prepared a presentation, and was not aware that he was not on the agenda (see above). Wolfe said he thought that Mears had contacted Follmer to inform him of the MAT lawyer’s recommendation. Mears explained that the decision to disallow Follmer’s presentation was the result of a direct communication from the MAT attorney to the Town Board. Town attorney Tim Strom was not involved. Dave Beran said that he believes that the Steering Committee process is flawed because Supervisors are on the Committee. Furthermore, he indicated that the Comprehensive Land Use Plan document being developed will determine the zoning rights of Lakewood residents.
In response to questions from citizens regarding changing the LIU-10 zone on Highway 61 to allow retail developments, Mears explained that the Town Board would have to be involved in any decision to allow retail in the LIU-10, and that rezoning the area in question from light industrial to commercial is a complex process that cannot be achieved by a simple vote by the Planning and Zoning Commission.
Tim Huchthausen said he thought that Follmer should be able to make his presentation. He said he favors rezoning the LIU-10 so that retail is allowed. He also said that 240 resident surveys submitted to the Steering Committee were rejected. Wolfe said that these surveys were clearly bogus, but Huchthausen said that the Town Board has an overt agenda to stifle development. He questioned the process by which decisions are made in Lakewood.
Roningen said that the Commission wanted to allow retail in the LIU-10, but that this was rejected by the Town Board. He encouraged the residents at the meeting to get involved and to become members of the Commission.
In response to one resident’s question as to why retail is “a dirty word,” Wolfe explained that it isn’t, but that the Planning and Zoning Commission’s duty is to interpret and uphold the zoning ordinance that we currently have. If the ordinance is to be changed, usually the Town Board directs the Commission to create a draft for the change. Wolfe added that a zoning ordinance change (as opposed to a zone district change) may also start with a request by the Zoning Administrator. The Planning and Zoning Commission can make suggestions and recommendations to change the ordinance, but the Commission can be overruled by the Town Board of Supervisors. The Supervisors are the elected officials who have the final say.
Holte said that for the rezoning of a district to a different classification (industrial to commercial, for example), state law requires that 50% of the residents within ½ mile of the affected property are required to sign a petition favoring the rezoning.
Bob Adams said he was opposed to Follmer’s development plans on Highway 61. Holly Norick said she thought that the Planning and Zoning Commission was disorganized and ill-prepared and that its members need to put in more effort. Jim Naslund said he favored commercial over industrial development in the LIU-10. Bob Gray complained that the Town’s attorney’s fees have totaled more than $25,000. Wendy Robertson asked how to get on the agenda for a Commission meeting. Mears replied that the individual should contact the Town Clerk, currently Gene Bromenshenkel.
In response to a question about the availability of meeting minutes, Wolfe said that they are usually available within a few days or a week. (Note from recorder Gerhart: The Planning and Zoning recorder usually prepares the minutes the day after the meeting, but office personnel may not have time to post the minutes on the Town web site for several days to a week. Minutes should be available at Town Hall two days following a meeting during office hours. These will be the unapproved minutes. The minutes will not be approved until the next scheduled meeting of the Planning and Zoning Commission.)
Steering Committee Report
Road Frontage and MUNS4 are on the agenda. No end is in sight in terms of a final report.
Town Board Meeting Report
A court date of May 20 has been set for the lawsuit against the Town regarding the zoning on Highway 61. A Town Board meeting is scheduled for Thursday, January 31, to hear the appeal of the Lipe Conditional Use Permit.
Unfinished Business
Motion by Holte, second by Downs, to postpone the discussion of a fill importation ordinance. Carried unanimously.
Proposed signage language will be distributed to the Commission at the next meeting.
There has been no progress on the cell tower ordinance. This awaits information on Ham radios and other issues.
Motion by Roningen, second by Bodine, to adjourn. Motion carried unanimously. The meeting was adjourned at about 9:30 PM.
The next regular Commission meeting is February 26th, 2008.
Respectfully submitted,
David Gerhart