Lakewood Planning and Zoning Commission Meeting

Tuesday, March 27th, 2007 at 7:00 p.m. @ Lakewood Town Hall

Call to order: Commission Chair of the Planning and Zoning Commission, Bob Wolfe called the monthly meeting to order at 7:10 p.m.

Present: Chair Wolfe, Ann Cutts, Inese Holte, Phil Halverson, Peter Miller, Dick Bodine, Robin Downs, Angie Dickenson, Zoning Administrator Brennan Mears, Recorder Shannon Ostazeski, Clerk Gene Bromenshenkel, and public (see attached registrar).

Oathes for new members: Members appointed to three-year terms were Chris Roningen, Peter Miller and Inese Holte. Kerry Leider was appointed to be an alternate. Ann Cutts was appointed to be the representative to the Board of Adjustment. Clerk Bromenshenkel swore in Miller and Holte.

Election of Chair: Cutts to nominates Bob Wolfe for chair. Second by Miller. All in favor. Wolfe elected Chair.

Election of Vice-Chair: Holte nominates Miller. Second by Bodine.

Miller to nominates Bodine. Second by Cutts. Vote is for Bodine to serve as Vice-Chair.

Minutes of Previous Meetings: January 31st, 2007 Planning and Zoning. Holte recommends that some language be clarified. Motion by Bodine for the minutes to be approved with changes suggested by Holte. Second by Cutts. Minutes approved.

Select Representative to April 4th, 2007 Board of Supervisors Meeting: Dick Bodine

Board of Supervisors March 7th, 2007 Meeting: Wolfe

There was discussion concerning Lipe Bros. Construction property.

Town Board discussed the appropriateness of Parliamentary Procedure concerning Chair of Boards making motions. It was recommended from references that the Chair can make motions but should refrain if possible.

Board of Supervisors asked us to make changes suggested by the Township attorney to our most recent Ordinance change proposals that we will address under new business.

Cutts: Suggests the Commission should ask the Supervisors for money to get a laptop for the Township. Staff could utilize it for taking minutes and it could aid in summer programs.

Holte: That Conditional Use Permit said Lipe Bro. only. They need to look at the original public notice. Later, another name was put in there but there was no public meeting to discuss this. Also, we need to look at the records because that property has parts of it that were not to be touched. This was the decision of a previous court case; it should be on file with that property.

Halverson: He bulldozed down all the way to Tischer.

Mears: The attorneys met today. I will bring up the concerns voiced here.

Zoning Administrator Report: Mears

Martinson has agreed to let a Supervisor, our attorney and myself develop a plan for her cleaning up that property.

Holte: Could you post information in the newsletter about who will take scrap materials. It might encourage others to clean up their properties.

Mears: Discusses budget with the Commission. (See handout) The Board of Adjustment and Planning and Zoning meetings were costing the Township money each time we held a public hearing or heard a variance. Now we are finally out of the red because the fees are on target with the actual costs endured by the Township for these hearings.

Holte: Could we raise the building permit cost?

Miller: We could raise them according to the areas where most of our costs end up going.

Mears: Most of our attorney costs surround the LIU section and cell tower debates.

(Mears and Halverson left at 8:30 p.m.)

Unfinished/New Business:

Telecommunication Sub-Committee: Wolfe

We will bring the modifications made to this section of our Ordinance to the next meeting for the Commission to review.

Text Changes: 6.02 Public Hearings

The Commission shall hold all required public hearings for comprehensive plans and amendments thereto, official controls and amendments thereto, all conditional use permit application, and other matters as may be prescribed by ordinances of this Town.

1. The Commission shall have the ~~final~~ authority to approve or deny all conditional use permit applications, and to direct the issuance of conditional use permits.

2. If an appeal is filed with the Town Clerk, as described in Article VIII, Section 4, Appeals from Decisions, the Board of Supervisors shall have the authority to approve or deny the conditional use permit.

3. Granting of a conditional use permit by the Commission does not preclude the Town Board from ruling on other (non-zoning) matters which may affect the use which has been approved in the permit.

4. On all other matters which are before the Commission for public hearing, the Commission shall report in writing to the Town Board.

5. The Commission shall conduct hearings in the manner prescribed by Minnesota Statutes and other Ordinances of this Town.

Motion by Miller to accept proposed text changes to this section. Second by Downs. All in favor. Motion Passes.

Text Changes: Article VIII Section 4 Appeals from Decisions

~~Appeals from Commission decision may be made to the Town Board of Supervisors within thirty (30) days of the decision.~~

Appeals from Commission decisions may be made by any aggrieved person or persons or any department, board or commission of the Jurisdiction, or of the County or State.
Appeals from Commission decisions shall be made to the Town Board of Supervisors. The appeal shall contain the information required on the Appeal Form that may be obtained from the Township office. An appeal of a Commission decision shall be in writing addressed to the Town Clerk and postmarked or hand delivered to the Town Clerk no later than seven (7) working days after the decision adjournment of the Public hearing.

Wolfe: We were asked to clarify who can appeal and to clarify what the trigger is for the appeal process. We also need to clarify the working day.

Holte: I am the only one in the Township who files appeals. I do it because the Township is not following the laws.

Miller: The Appeal Form Mears has should be approved by this board.

Motion by Downs to accept the text changes. Second by Bodine. All in favor. Motion passes.

Text Changes: 6.03 Appeals from Board of Adjustment

All decisions by the Board of Adjustment in granting variances or in hearing appeals from any administrative order, requirement, decisions or determination shall be final except that any aggrieved person or persons, or any department, board or commission of the jurisdiction or of the County or State shall have the right to appeal within ~~thirty (30)~~ seven (7) working days after the ~~receipt of notice of the decision, to the Town Board of Supervisors.~~ adjournment of the public hearing.
Appeals from Board of Adjustment decisions shall be made to the Town Board. The appeal shall contain the information required on the appeal form that may be obtained from the Township office. An appeal of the Board of Adjustment decision shall be in writing addressed to the Town Clerk and postmarked or hand delivered to the Town Clerk no later than seven (7) working days after the ~~decision~~ adjournment of the public hearing.

Motion by Bodine to accept changes. Second by Palmer. All in favor. Motion passes.

Motion by Palmer to review Article VIII Section 7 at the next meeting. Second by Bodine. All in favor. Motion passes.

Announcements

Comprehensive Land Use Plan update: Palmer

Conflict mediation training was given to the steering committee members. The meetings will be open to the public and they are encouraging the public to come. There will be time at the beginning of each meeting for questions and comments from the public.

Motion for the meeting to be adjourned by Palmer. Second by Holte. Meeting adjourned at 9:10 p.m.

Respectfully Submitted,

Shannon Ostazeski

Township Recorder