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HomeMy WebLinkAbout05/09/2007 P&Z Minutes CITY OF LINO LAKES PLANNING & ZONING BOARD APPROVED MINUTES DATE : May 9, 2007 TIME STARTED : 6:31 P.M. TIME ENDED : 10:21 P.M. MEMBERS PRESENT : Michael Hyden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Rob Rafferty, Paul Tralle (Chair); Michael Root MEMBERS ABSENT : None STAFF PRESENT : Paul Bengtson, Jeff Smyser & Jim Studenski I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning a nd Zoning Board meeting to order at 6:31 p.m. on May 9, 2007. II. APPROVAL OF AGENDA The agenda was approved as presented III. APPROVAL OF MINUTES: Mr. Rafferty made a MOTION to table the appr oval of the April 11, 2007 Minutes to the meeting on June 13, 2007. Motion was supporte d by Mr. Pogalz. Motion carried 6 - 0. IV. OPEN MIKE Chair Tralle declared Op en Mike at 6:32 p.m. There was no one present for Open Mike. Mr. Tralle closed Open Mike at 6:32 p.m. V. ACTION ITEMS A. Variance to the local street setback to a llow for a covered porch addition at 8020 Danube Street, James Schally Mr. Bengtson presented the staff report. APPROVED MINUTES Planning & Zoning Board May 9, 2007 Page 2 APPROVED MINUTES Staff recommended approval of the variance request. The applicant, Mr. James Schally, was not present at the meeting. Board Members discussed the necessity of the roof and the in tent of the porch. Mr. Pogalz made a MOTION to recommend approval of the Vari ance to the local street setback to allow for a covered porch a ddition at 8020 Danube Street. Motion was supported by Mr. Laden. Motion carried 6 - 0. B. CONTINUED PUBLIC HEARING for a Conditional Use Permit for earth material storage at 6644 20 th Avenue, Royal Oaks Realty Mr. Studenski presented the staff report. Mr. Studenski stated that resident Julie McNeely, 6687 20 th Ave., was unable to attend the meeting but asked staff to forward her co mment to the board that she is against the project. Staff stated their review was based on th e 14 conditions of the Zoning Ordinance for Earth Moving and Land Reclamation. Staff re minded the board of the petitions against the project that were submitted at the April meeting. Mr. Studenski explained that the city had received a review from the Anoka County Highway Department earlier that day. He clar ified that neither the county nor the city would require the additional 27 feet of right-of-way for this request. He stated that County comments included: moving the driveway as far to the north as possible, adding a culvert, and constructing north and south bound turn lanes and a bypass lane. The City contacted Anoka County after receiving the letter, and was informed by Randy Bettinger at Anoka County that road improvements will be required regardless of the number of trucks per day, but the required combination of lanes still needs to be determined. Mr. Studenski added that drainage calculations would be require d to determine how drainage would affect the county road and that a Haul Permit is required by the county. Mr. Studenski explained that the deadline for this application is June 6, which requires action by the P&Z Board at this meeting. He added that the app licant did not see a rationale to extend the item. Mr. Studenski not ed that the Rice Creek Watershed District does not require a permit, but will monitor the site. Mr. Studenski stated that th e applicant had already addressed a number of issues and conditions since the previous meeting. Staff ex plained that the dirt pile had been moved to a location more than 50 feet away from any existing trees. The applicant submitted a Storm Water Pollution Prevention Plan (SW PPP), filled the house foundation, abandoned the septic system, cleared and removed debris and objects from the site, added a fenced barricade to the driveway entr ance, and added a dirt berm to the northern access. Staff recommended approval of the Conditional Use Permit subject to the 13 conditions listed in the staff report. Planning & Zoning Board May 9, 2007 Page 3 APPROVED MINUTES Mr. Nelson referred to Condition No. 12, and asked what would happen if the county decided to allow a variance that the city did not agree with. Staff re plied that the county will have their own requirements. Mr. Studens ki stated that the city could amend the conditions of approval to address this. Staff confirmed that the existing stoc kpile is currently 22 - 24 feet high. Mr. Pogalz asked why the trips per day were reduced from 50 to 25 trips per day. Staff said they had reduced the number in respons e to resident and Pl anning and Zoning Board Member concerns. Mr. Laden pointed out that the ordinance requ ires that an applicant specify a completion date, and asked if a completion date had b een addressed. Mr. Studenski replied that development is anticipated on the site in the n ear future and, due to the limited amount of activity that will occur, staff had not request ed a specific completion date. Staff noted that the board could recommend a deadline date, but that all CUPs ar e reviewed annually. Applicant, Mike Black, Royal Oaks Realty, 1000 County Road E, Suite 150, Shoreview, MN, reiterated that the zoning or dinance allows this use in an y zoning district. He stated that conditions are required for a CUP in order to make the use compatible with neighboring properties. Mr. Black descri bed that Royal Oaks Realty is a land development company, Royal Excavating is thei r sister company, and Imperial Homes is the home building company and they all work to gether. He explained the intent of their request is to stockpile dirt fo r their own company and that dirt will not be sold to other companies. He said they presume that some weeks there may be no trucks accessing the site, and explained that they will access the stockpile when there is final grade work being done. He noted that they never intende d to be hauling material in and out on a daily basis, and only when there is a bigge r job would they possibly meet the maximum trips per day. He thanked the board members th at were able to visit the site. He stated that they have tried to meet a number of staff’s recommendations since the last P&Z meeting, and they should not have a problem a dhering to staff’s conditions of approval. He stated that he spoke with Randy Bettinger of Anoka County earlier that day regarding the county review. He was told by Mr. Bett inger that the County is offering comments, but not necessarily requirements. He said Mr. Bettinger stated that the county does not require the road improvements. Mr. Black spoke of the possibility of moving the entrance. He said he is concerned about the road recommendations, but added that Mr. Bettinger told him that if the ci ty does not require this, then the county does not require it. He would like an opportunity to discuss the county’s recommendations with city staff and the county. Mr. Nelson commented that he believes that the term grading means a one-time earth moving. Mr. Laden believes the intent of the ordinanc e is for a temporary use, and that a final grading plan and a project completion date are required. Mr. Black stated that the prope rty is guided for medium density residential and that they hope to develop in two to five years or s ooner. He explained that once there is a Planning & Zoning Board May 9, 2007 Page 4 APPROVED MINUTES development application, the use will stop. He added that they would not go through with the application if the county required the turn lane changes. Mr. Laden said he believes that to allow stor age means something will be stored and will stay there. Mr. Black informed the board that the majority of the dirt came from Centerville and that only black dirt will be stored on the site. Mr. Rafferty asked Mr. Black to consider how he would feel if he were a neighbor. Mr. Black reminded the board that this would be a conditional use in which staff can apply conditions in order for the property owner to use the property in a certain way. Mr. Black reiterated that dump trucks will not be accessing the site every day and he feels a cap of 25 trips per day is feasible. He estimate d, on average, possibly 10 trips per day once a week would access the site. Mr. Nelson suggested limiting the number of tr ips per day to a monthly threshold instead of a daily threshold. Chair Tralle opened the Pub lic Hearing at 7:27 p.m. Mrs. Patrice Carpenter, 6748 20 th Ave., said she stated concer ns at the last meeting. She said the applicant has been a good neighbor and has been making a lot of improvements. Her concern is that he didn’t get permi ssion prior to the stockpile placement and movement. She is concerned about the issu e of the turning lanes and that moving the driveway north would be a lot closer to her. She said there is a blind hill heading north on 20 th , so if they moved the driveway to the no rth then turn lanes would be necessary. She stated there is no need for turn lanes if the driveway stays in its current location. She understands the site is rural and she is used to dirt, but doesn ’t know when the dirt will be flying around. She feels there is no way to vegetate anything with all of the earth movement. She does not feel the height of the dirt pile makes a difference. She informed the board that flying dirt is a nuisance. Sh e was relieved to hear the dirt came from Centerville. She said she would really not li ke the use here and would have liked it more if the applicant had asked permission pr ior to them doing it. Mrs. Carpenter recommended that the board not approve the re quest and asked that the pile of dirt be moved. John Pignato, 6709 20 th Ave. S., stated that there are no turn lanes in Centerville, and that all kinds of traffic is going there now, just not so many dump trucks. He said they have been putting up with semi-trucks and earth moving equipment for a long time because of new businesses in Centerville, noting this is just another straw in the camel’s back. He feels that they will be accessing the site more often than Mr. Black has suggested. He stated that dirt is blowing and there is mud on the road. He stated that he is against the application and hopes the board denies it. Mr. Tralle asked Mr. Black to address some of the concerns. Planning & Zoning Board May 9, 2007 Page 5 APPROVED MINUTES Mr. Black said that they will Hydro-seed the stockpile to establish vegetation and reseed as necessary. He added that they have a truck for watering and they will sweep as needed to clean and maintain the road. He said they do not have a problem with a gravel driveway as it is almost there by now. He an ticipates they will be moving the dirt small sections at a time. He is willing to create a ne w driveway to within 30 feet of the property line if it is required. He adde d, however, that trees there curr ently act as a buffer, so if the drive is relocated north of the trees the buffer will be lost. Mr. Nelson suggested the possibili ty of adding a stipulation for use at three to four years and capping the allowable trips per month. Mr . Black said that sounded reasonable, but was not sure if the attorney would agree with adding a completion date. Mr. Black said he understands they are trying to find thresholds of compatibility. He reiterated that the use is not intended, and was never intended, to be a constant moving activity, but simply supplemental material available for nearby construction sites as need be. He asked the board to consider a one year allowance to prove that it will be a compatible use with the neighborhood. Mr. Pogalz made a MOTION to close the Public Hearing at 7:47 p.m. Motion was supported by Mr. Hyden. Motion carried 6 - 0. Mr. Pogalz reiterated his comments from the last board meeting. He stated that the property is zoned rural, which allows more fl exibility to the property owner. He added that it could be a lot worse if the property wa s used for farming. He pointed out the this sounded like an example of NIMBY – Not In My Back Yard, which means that residents are okay with things as long as it’s not in th eir back yard. He added that turn lanes sound okay because the county may require them with development. He suggested they look at this use as a distribution center somewhat lik e Schwan’s. He feels they are putting good limits on a use. He noted that normal constr uction operations happen as areas develop. He added that the use would go away in a fe w years as the land would be more valuable with homes rather than dirt on it. He st ated he is in favor of approving the CUP. Mr. Rafferty made a MOTION to recommend denial of the Conditional Use Permit for earth material storage at 6644 20 th Avenue. Motion was supported by Mr. Laden. The following role call vote was ta ken, Nelson: No, Root: Yes, Rafferty: Yes, Hyden: No, Pogalz: No, Laden: Yes, Tral le: Yes. Motion carried 4-3. Mr. Studenski asked for the board’s rationale for denial, which he stated is necessary when an application is forwarded with a recommendation for denial. Mr. Root stated the use is too intense for th e roads and a nuisance for the neighbors. Mr. Rafferty believes this use is not what the ordinance intended. Mr. Tralle does not agree that there is no end in site, he is disturbed that they did not ask permission prior to use, and he does not feel they can monitor the amount of traffic. Mr. Laden stated it does not meet ordinance requirements without an end date. He considers it to be an off-site delivery busine ss that would not be allowed in a rural zone. Planning & Zoning Board May 9, 2007 Page 6 APPROVED MINUTES Mr. Nelson suggested putting a new motion on th e table to include a completion date for the use. Mr. Tralle stated that a motion had already been passed for the application. The board took a 10-minute recess at 7:57 p.m. The meeting reconvened at 8:08 p.m. C. PUBLIC HEARING for a Conditional Use P ermit for earth material excavation and storage at 6497 12 th Avenue, A.I.T. Mr. Studenski presented the staff report. He added that Anoka County does not require any permits for activity from this site as th e site does not direc tly access onto a county road. He stated the deadline for this app lication is June 7, so the City Council would have to take action at the May 19 meeting. Therefore, the board would have to take action at this meeting to meet the time frame. Mr. Studenski described the site layout per the exhibits includ ed in the staff report. He noted that they will only access the westernmost pile across the ditch if it becomes necessary to obtain the required amount of fill. Mr. Studenski said that the Rice Creek Watershed District (RCWD) has not taken action on the project at this time. He said the applicant does not intend to move any trees on either site. He explained that the activity going in and out of The Preserve site will be intense at some time regardless of where th e dirt comes from. He added that this is possibly the shortest truck route possible to the site. Mr. Studenski reviewed the conditions of approval that staff suggested for this application. He added that Condition 15 w ill be changed to read that no permits are required by Anoka County. Mr. Studenski stated that the ponds will be monitored to discharge water prior to reaching the ditch. He does not anticipate issues a nd added that the city and RCWD will monitor the flow. Mr. Studenski said that pumps will run continually in order to work effectively. Board members discussed the possibility of usin g flags and limiting the speed of trucks in order to help with traffic flow. Staff stat ed that traffic activity on Birch St. will be monitored and that flagging will be required if determined to be necessary for safety. Board members discussed the proposed ponding areas, including slopes, pond depths and vegetation. Mr. Studenskin explai ned that the applicant will vegetate according to city specifications. He said that one pond will be very shallow and the one to the west of the house will be 18-20 feet below the water table. He noted that the smallest pond is the least desirable and most expensive to ex cavate, therefore the specific process of excavation will be determined by the contractor. Planning & Zoning Board May 9, 2007 Page 7 APPROVED MINUTES Board members wondered why the ponds did not include a bench for safety reasons. Mr. Studenski explained that the applicant is not creating any water storage areas and the ponds will not be designed to be long-term. Mr. Studenski informed the boa rd that caution signs are typi cal with development, and signs will be placed along Birch St. so it is no t necessary to include this as a condition. Applicant, Mr. Brian Bourassa, MFRA E ngineering, Plymouth, MN, and Adam Parker, hydrologist, answered questions for the board. Mr. Bourassa stated that berms around the dewatering equipment would be a great idea. He explained that the material they are going after is sandy material for building ro ads and house pads, and they will need an estimated 50,000 to 60,000 cubic yards for The Pres erve site. Mr. Bourassa said he lives in the area and is aware that traffic is difficult. He likes the idea of warning signs on Birch St. and 12 th Ave, and is open to staff’s reco mmendations regard ing flagging. Mr. Bourassa showed the board members the locat ion of the temporary storage on the site. He noted that the Environmental Board had suggested a specific seed mix for vegetation, and he will work with Marty Asleson at the City. He said he didn’t show a bench because there is no development plan there, but realizes at some time a bench will probably be required. He noted that the water level in the ponds is estimated to remain what it is today. He said they do not antici pate accessing the third excavation site. He described that if they use si x to eight 12-yard trucks to haul the estimated 50,000 cubic yards of dirt during haul hours, it would ta ke 13 days if everything ran perfectly. Realistically, they estimate it will take four to six weeks to haul the dirt for The Preserve. Mr. Parker explained to the board the dewate ring process that will be used on the site. He explained that a number of engineers on staff will help determine the best vegetation and will follow the city’s recommendations. He explained that SWPPPs will limit dust and keep topsoil in place. Board members expressed concern about water levels, safety of th e excavation site and street clean-up and maintenance. Mr. Parker remarked that the vegetation used will be selected to handle the water levels, with only three to four foot fluctuations expected. Mr. Bourassa added that there will be no discha rge from these basins and expects there to be less water or the same as there is today. Mr. Bourassa stated that silt or snow fencing will be used for safety. He explained that they are proposing a rock trench entrance to knock dirt off the wheels, a silt fence to prevent erosion from the pile, and will comp ly with requirements regarding street sweeping. Mr. Pogalz pointed out that th e application is for an exp ected use of 90,000 cubic yards, with 50,000 going to The Preserve. He asked if the excess material will be sold to another developer or development and why they should allow him to take the material off site. He asked why they couldn’t just ta ke the 50,000 to 60,000 for The Preserve. Mr. Bourassa replied that the pur pose is to haul the excess ma terial to a different site. Planning & Zoning Board May 9, 2007 Page 8 APPROVED MINUTES Mr. Bourassa suggested the board could but a sunset period on when the site needs to be cleaned up. He went on to say if there is a market for the material, and they think there is, they propose to sell it. Mr. Pogalz pointed out that a timeline of four to six weeks is expected for The Preserve, with an extra four to six w eeks to access additional sites. Mr. Bourassa clarified that additional trucks may be used for the other sites. Mr. Tralle stated that if they are going to ha ve to put in a bench eventually, then it should just go in now. He asked what the restorati on plan is for the area. Mr. Bourassa replied that the property owners, the Lamottes, see the ponds as a buffer to the future growth area. Mr. Tralle asked what the estimated truck traffic would be on a normal day. Mr. Bourassa replied that they e xpected six to eight trucks to haul all day long for roughly four to five weeks. Mr. Tralle opened the Public Hearing 9:06 p.m. Bill Combs, 6496 N. Trappers Crossing, said hi s property is on the corner lot directly behind the large stockpile site. He was concer ned about safety issues. He said he has young boys and a dog that play on the Lamotte prope rty and he is not convinced of safety with the proposed silt and storm fencing. He was concerned about how close to his property line the pond would be and how big it would get. He was concerned for the safety of his childre n and other children. Mr. Bourassa responded that the start of the grade is maybe 10-15 feet north of property line. He anticipated water el evation to be maybe 120 feet nor th of his back property line. Joe Knudsen, 6525 White Oak Rd., stated c oncerns about trucks exiting on 12 th Ave. and asked how close to the road the proposed st ockpile would be. He was concerned it would be near development. Mr. Bourassa explai ned that the temporary stockpile of sand and dirt would be stored north of the trees and west of 12 th Ave. Mr. Knudsen also expressed concern about the number of trucks and truckloads that would be used. Mr. Pogalz estimated that in a ten-hour day, approximately 240 truckloads could be hauled per day for 28 days. Mr. Knudsen stated concern for damage that may be done to the road. Mr. Studenski replied that they applicant would be required to replace any damage in kind with what is there now. Tim Renslow, 6586 Pheasant Run South, request ed a confirmation of the proposed truck route. Mr. Bourassa explaine d the route to be used. Mr . Renslow added his concerns included dust, noise, and safety for children. He was very concerned that many of the families in the area have small children that may get hurt. Mr. Tralle replied that they ar e not disregardi ng the issues. Planning & Zoning Board May 9, 2007 Page 9 APPROVED MINUTES Mr. Renslow added that he is concerned a bout the condition of Pheasant Run S. Mr. Tralle responded that they can reduce truck speed and the applicant will clean the roads on a daily basis. Mr. Pogalz explained that Pheasant Run S. will see just as much traffic regardless of where the dirt will come from as it has to co me from somewhere. He added it is probably better that it come from a near by site as it would happen faster. Ben Peterson, 6441 Royal Pines Place, stated his property is dire ctly south of the southern property line. Mr. Peterson reque sted that they put th e snow fence around the entire property. He asked how many backhoe s and diggers would be used and if they would be using bobcats. He wondered how many water pumps would be used. He wondered once they start digging dirt out of the ponds, how long will it take to dry until it can be hauled away. He asked how long the proj ect would actually last. He stated he has concerns about traffic, especially on 12 th Ave. He noted that the property owner has planted great trees on the property and wondere d if he could line the southern property line with trees, adding that he would be willing to help out if needed. Mr. Bourassa believes the operation will cons ist of one backhoe and one dozer accessing one pond at a time. He does not anticipate the use of bobcats, but one front endloader may be used. He estimated that one pump at a time will be used for dewatering. He stated that they propose to place silt or snow fence around excavation areas as shown on the plan for safety measures. Mr. Tralle pointed out there is a wetland area between Mr. Peterson’s house and the excavation area. Mr. Peterson added that an increase of truc ks might add curiosity to kids and he is concerned about their safety. Shari Livingston, 6574 Pheasant Run South, and father Larry Stinksy, stated concerns about the amount of truck traffic on Pheasant R un S. He stated there is a park where the truck traffic will be going through. He is espe cially concerned about times when kids are coming home from school or accessing the park. He added that cars always parked on the street, making it a hazard. He distibuted photos to the board of standing water in the drainage ditch behind the house, adding that th e photos were taken after one day of heavy rain. Rick Reibel, 6535 Pheasant Run South, was conc erned about the safety of children. He doesn’t believe the lanes are ve ry wide on the road, and with community sports there are often kids on the street by the park and riding bikes. He pointed out that their neighborhood includes diverse nei ghbors that may have issues with understanding signs. He was concerned about the environmental impa ct of the surface water drainage system. He stated concern about high water levels on Black Duck Drive to the north. He would like to see an independent report of the envi ronmental water impact table, stating that they should be able to provide numbers with a hydrologist on board. He is concerned about cranes and Canadian Geese that nest in the drain field each year. He has concerns Planning & Zoning Board May 9, 2007 Page 10 APPROVED MINUTES about drinking water, heavy loaders possibly degrading Pheasant Run, vibration, and if there are contingency plans for operating damages. Mr. Studenski stated that a ny activity adversely affecting neighbors is the responsibility of the applicant. He added that the city will monitor truck traffic, a nd if issues occur they will be addressed. Mr. Hyden reiterated that the RCWD is i nvolved in monitoring this project. Mr. Parker addressed hydrology questions. He explained that the DNR is the authority and they will work closely with them. He said that runoff will go through other wetlands before reaching the ditch. Mr. Laden made a MOTION to close the P ublic Hearing at 9:38 p.m. Motion was supported by Mr. Nelson. Motion carried 6 – 0. Mr. Laden said he was concerned about the truc k traffic being allowed next to a city park during hours when activities ar e occurring with children and on-street parking. That’s where he sees greatest danger. He proposed limiting or eliminating truck traffic during evening hours. Board Members agreed to amend Condition No. 12 to read Monday – Friday 7 a.m. to 5 p.m. Mr. Rafferty said he is concerned about city streets but is not su re they can contain people from development that is already a pproved. Mr. Rafferty suggested adding a condition to reduce the speed of trucks to 20 mph. Board Members agreed to add Condition No. 18 to say that trucks will be limited to a maximum speed of 20 mph. Board Members agreed to add Condition No. 19 to say that the city will monitor traffic and define traffic signage to include the nece ssary use of flagmen and hauling signage at the contractor’s expense. Mr. Studenski confirmed that neighbors would be notified of work to be done and that a neighborhood meeting would be held. After discussion about the sil t/snow fencing, Mr. Bourassa agreed to use snow fence instead of silt fence, and to continue the fence southward until it r eaches the wooded area. Mr. Pogalz specified that the board is c onsidering a CUP for excavation, storage and transporting of material and asked if anyone could explain the difference between this application and the Royal Oaks Realty appl ication that was previously denied. Mr. Studenski stated that both applications consist of on-site mate rial being taken off site, and the differences include the site of destination, what is to be removed, the time frame and the restoration plan. Staff reminded the board that with this applic ation, the use will not continue on indefinitely, they know that this will be a concen trated effort once activity is Planning & Zoning Board May 9, 2007 Page 11 APPROVED MINUTES started, and they will not have random mate rial coming in and out for an undetermined time frame. Mr. Pogalz stressed that the same restrictions should be applied to this site as were proposed for the other site. He does not see e nough of a difference in applications to vary the conditions for daily watering, erosion c ontrol, fencing, and vegetation within 24 hours. He asked board members for feedback. Mr. Tralle pointed out that this application is different because the applicant came before the board legitimately before starting activity, the dirt is being used in Lino Lakes, and the use has an end date. Mr. Studenski added that this is a concentrated effort in that when they are doing the excavation it will be continually hauled off the site. Mr. Tralle stated that the board will no l onger speak of the Royal Oaks Realty request because that is a separate application that the bo ard already took action on. Mr. Studenski clarified that there will be a time that the topso il will be at the storage site, which will be part of the SWPPP. Board Members agreed to add Condition No. 20 to say that the stockpile area will be limited to a maximum height of 25 feet. Board Members agreed to add Condition No. 21 to say that areas that will not be worked on within 48 hours are requi red to be hydro-seeded. Mr. Nelson pointed out that 50,000 cubic yards of material will remain local, while 40,000 cubic yards will go offsite, which make s the use more like a distribution center with an excessive number of trucks. He wa s concerned that the hauling of the extra 50,000 cubic yards will go on for five to seven months in a resident ial area, while they were previously concerned about a rural area. Mr. Laden reiterated the biggest difference is this application has an end date. Board members pointed out the similarities be tween this application and the application that was previously denied under Item 5B , however the majority of board members agreed that enough differences were merited. Mr. Laden made a MOTION to recommend ap proval of the Conditional Use Permit for earth material excavatio n and storage at 6497 12 th Avenue based on the following conditions of approval: 1. A Stormwater Pollution Prevention Plan (SWPPP) in accordance with Minnesota Pollution Control Agency (MPCA). The SWPPP must contain the name and a 24-hour telephone number of the responsible manager of the SWPPP. All references to MNDOT seed mix must be changed to the City native seed mix. Planning & Zoning Board May 9, 2007 Page 12 APPROVED MINUTES 2. Silt fence must be added around the excavation for safety reasons. 3. Properly fence and barricade entrance s to prevent the general public from depositing garbage or refuse. 4. Must provide a tree preservation plan or limit excavation of material to a minimum of 50 feet from any trees. 4. All truck hauling activity must exit the site on 12 th Avenue South and go north to Birch Street. 5. All City streets where hauling activity occurs will be video taped previous to excavation commencing at the site. The applicant will be responsible for repairing any damage to City streets caused by the hauling activity. 6. Previous to any activity on the site th e applicant will be required to hold a neighborhood meeting to no tify affected property ow ners along the haul route and within one-quarter of a mile of the site. 7. Maximum slope on any excavation shall be a 1 to 1 and in such condition as not to be dangerous because of sliding or caving side slopes. 8. Only topsoil will be allowed to be brought into the site. 9. A rock trench entrance shall be inst alled and maintained at all times. 10. Dust and wind erosion must be confined to the site and be controlled by watering the driveway as necessary. 11. Street sweeping shall occur as necessary. 12. All construction activity shall be limited to the hour s set as follows: Monday through Friday 7:00 a.m. to 5:00 p.m. Saturday 9:00 a.m. to 5:00 p.m Sunday and Holidays No working hours allowed 13. Reimburse the City for the cost of pe riodic inspections by the City for the purpose of determining that the te rms under which the permit has been issued are being complied with. 14. Post a form of security to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant ma terial to or from the site, the amount of such cost to be determ ined by the Council; and conditioned further to comply with all the requi rements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, Planning & Zoning Board May 9, 2007 Page 13 APPROVED MINUTES storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. 15. No permits are required by Anoka County. 16. Permits from the Rice Creek Watershed District must be submitted to the City prior to any activity. All activit ies on the site must comply with the Rice Creek Watershed District requirements. 17. All excavation, erosion and sedimentati on control, final site grading, and restoration shall be completed by November 1, 2007. 18. Trucks will be limited to a maximum speed of 20 mph. 19. The City will monitor traffic and define traffic signage to include the necessary use of flagmen and hauling si gnage at the contractor’s expense. 20. The stockpile area will be limited to a maximum of 25 feet high. 21. Areas that will not be worked on w ithin 48 hours are required to be hydro- seeded. Motion was supported by Mr. Rafferty. Motio n carried 5 - 1. (Pogalz voting No) D. CONTINUED PUBLIC HEARING for a Co nditional Use Permit Amendment for a building addition at 415 Lilac Street, Molin Concrete Mr. Bengtson presented the staff report. He noted that since the last meeting the applicant has submitted revised plans regarding details to the office footprint and showing the wetland enhancement area as a second phase. Staff recommended approval of the Conditi onal Use Permit Amendment subject to the seven conditions listed in the staff report. Applicant, Randy Molin, Molin Concrete, stated that they have met all previous landscaping requirements. Mr. Tralle reopened the Pub lic Hearing at 10:18 p.m. There was no one present to speak. Mr. Laden made a MOTION to close the P ublic Hearing at 10:19 p.m. Motion was supported by Mr. Rafferty. Motion carried 6 - 0. Mr. Hyden made a MOTION to recomme nd approval of a Conditional Use Permit Amendment for a building addition at 415 Li lac Street. Motion was supported by Mr. Nelson. Motion carried 6 - 0. Planning & Zoning Board May 9, 2007 Page 14 APPROVED MINUTES VI. DISCUSSION ITEMS A. Comprehensive Plan Update Mr. Smyser summarized that the Comprehensiv e Plan Advisory Panel met on April 18 to review the draft goals and st rategies. He said that th e draft was reviewed by the Environmental Board and the Park Board, and will go to EDAC at their Thursday meeting. He said that comments will be br ought to the next Advi sory Panel Meeting on May 16 and a draft will go to the first Council Work Session in June. He added that they are running on the original schedule and asked for comments from the Board. Mr. Laden said he thought the meeting on April 18 was particularly productive. VII. ADJOURNMENT Mr. Rafferty made a MOTION to adjourn th e meeting at 10:21 p.m. Motion was supported by Mr. Pogalz. Motion carried 6 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant