Based on the context provided and the dialogue within the transcript, here is the formatted version with speaker names identified. [00:00] **Chairperson**: We’ll get those doors shut. Community meeting. One of the first people start guys all good? All right, perfect. All right, good evening everybody. We'll go ahead and call to order the City of Lake Elmo Planning Commission meeting for Wednesday, October 16th, 2024. First item is to please rise as you're able for the Pledge of Allegiance. [00:25] **All**: I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. [00:40] **Chairperson**: Thank you very much. And as a reminder for anybody that does wish to speak tonight at the public hearing, there's sheets there in the back corner. You'll need to fill out one of those before we get to that item. But for now, the second item is to approve this evening's agenda which includes approval of our minutes, the public hearing, as well as some communication updates. Motion to approve the agenda? [01:01] **Commissioner Bree**: Motion to approve. [01:03] **Commissioner Boik**: Second. [01:04] **Chairperson**: Motion by Commissioner Bree, second by Commissioner Boik to approve the agenda. All those in favor please say I. [01:09] **All**: I. [01:10] **Chairperson**: Opposed? Hearing none, motion passes unanimously. Third item is to approve the meeting minutes from the previous meeting of September 9th, 2024. Were there any edits or comments? [01:23] **Commissioner Style**: I move to approve the meeting minutes from September 9th. [01:27] **Commissioner Ray Camp**: I'll second. [01:29] **Chairperson**: Motion by Commissioner Style, seconded by Commissioner Ray Camp to approve the meeting minutes of September 9th, 2024. All in favor please say I. [01:36] **All**: I. [01:37] **Chairperson**: Opposed? Hearing none, the motion passes unanimously. We're now moving on to item four, which is our public hearing this evening for the Lake Elmo Elementary. We'll hear from City Staff first, followed by the applicant, and then we'll move to the actual public hearing. [02:00] **Nate Stanley (City Engineer)**: Thank you, Chair, and good evening members of the Planning Commission. So I have a presentation that will be up on the screen here shortly. As mentioned, we're talking about several requests from Stillwater Area Public School District for—sorry, this is not the Oakland Middle School, this is the Lake Elmo Elementary, so this title slide is incorrect. We are looking at the site here on the screen. I think everyone is familiar with this location because the City approved last spring a Comp Plan Amendment and rezone at this location. The school district has applied for a major subdivision of preliminary plat and then two variances and a conditional use permit for the establishment of a public school. The site plan that was submitted by the school district is up on the screen now. In total, this site is about 47.6 acres. The building being proposed is just under 150,000 square feet. This site is planned to have 1,100 students and 130 staff. We have two different access points. We have stormwater ponding provided on-site, connection to the City's sewer and water system, and we needed two access points for emergency services. [03:45] **Nate Stanley**: For the land use, the future land use was reguided as Institutional last spring with the associated Public Facilities zoning district. I'll jump right into the preliminary plat. A subdivision was required to have this project be consistent with the City's development requirements. We have a need for right-of-way dedication along two County Road corridors. In terms of the variances, the first variance is to the City's maximum acreage for a public facilities use, which is 20 acres; this use is noted at 47.6 acres. There are a few things that drive the need for a site this size: it's at the intersection of two County Roads, there are access spacing concerns, and of course, we have the buffer to the Oakdale Gun Club shown in that red boundary. The other variance is to the buffer required for uses in the public facilities district for the bus access to be located near a property zoned residential. [05:40] **Nate Stanley**: Regarding the Conditional Use Permit (CUP), this is a unique proposal because of the proximity of the Oakdale Gun Club. We had to keep in mind State Statute about shooting range law. We've looked at the building design, landscaping, tree mitigation, grading, and stormwater. Minnesota State Statutes Chapter 87A is intended to protect shooting ranges. Any use established within 750 feet of the property boundary cannot cause the shooting range to become non-compliant with State performance standards. We have gotten a noise study from the school district. The school did have an acoustic consultant do noise testing. The acoustic consultant provided information showing that at all locations measured in July—when the gun club was having public events—those measurement locations were below the threshold. Long story short, this site does comply or does not cause the shooting range to become non-compliant. [09:12] **Nate Stanley**: Moving on to the design of the building, the applicant and their architect are here and can explain the details. The building is conforming with the City's design standards, using mostly brick, glass, and metal accents. Now, we have to talk about trees. This is a pretty heavily wooded parcel. There are 21,000 caliper inches proposed to be removed. Many removals relate to school access, drives, parking, queuing, and stormwater ponds. There is a provision in the City's ordinance for an exception from tree mitigation requirements. Without an exception, the school district would be looking at over $4 million in mitigation fees. If we use the Evergreen replacement rate, we're still looking at over $2 million. Staff have looked at what is required with the exception requested, which results in a requirement for 149 caliper inches of mitigation, costing just under $50,000. The staff recommendation is recommending no credit for any trees that are saved. The fee-in-lieu for this project would be at $325 per caliper inch up to a total of $50,000. [13:16] **Nate Stanley**: For landscaping, the school district is proposing 253 trees. The City's landscape architect recommends greater screening on the northern property line. For parking, 159 spaces are required, and the school district is providing 224. Regarding traffic, Washington County requires turn lanes for both access points and that no queuing take place on County Roads. There is a need for a traffic light or roundabout at the main entrance on 10th Street North, which will be at the school district's cost. The County will require intersection controls at 10th Street and Lake Elmo Avenue; there will be temporary controls, and then in the future, the County will add a permanent improvement. The City and school will share in those future permanent costs. [16:50] **Commissioner Boik**: I've got one going back to the trees. I don't remember a situation where we've discussed natural versus planted. Why is that used as a measure of acceptance? [17:03] **Nate Stanley**: That's a good question. The exception part of the narrative is based on the fact that in the City's ordinance, people who have planted a tree on their property do not need to provide tree mitigation if they remove it. The thinking is that the previous property owner could have removed the trees they installed. [17:29] **Commissioner Thomas**: In regards to the buffer from the gun club, is it the intent that nothing will ever be built as far as structure-wise to the west of that line that would cause Oakdale Gun Club to become non-compliant? [17:48] **Nate Stanley**: In theory, you could if other constraints were met. The improvements were mostly located on the east side to avoid the buffer. Fortunately, the noise study came back with lower levels. [18:03] **Commissioner Boik**: Thoughts of the noise study once the tree mitigation occurs? [18:10] **Nate Stanley**: That's a fair question. I was concerned about that myself. Distance is the primary factor, though trees do reduce sound. [18:25] **Commissioner Boik**: And all the trees there along 17—is that removal because of the storm? [18:31] **Nate Stanley**: Yes, removals along Lake Elmo Avenue are for stormwater ponding, grading, and the required trails. [19:07] **Commissioner Style**: When you're saying we "may" require the school district to conduct testing of noise levels, is that once the school is up? [19:15] **Nate Stanley**: Yes, it’s intended to cover our bases to make sure we have the ability to require testing if there's reason to suspect the sound is higher than found during initial testing. [19:40] **Mark Drommerhausen (Director of Operations, Stillwater Schools)**: Thank you for the opportunity. Last November we passed a bond referendum for two new schools. Our student population has changed, and we need the school to be farther south. This site was attractive because it has two arterial roads. We have Wold Architects here as well to highlight design features. [21:18] **Valerie Peterson (Wold Architects)**: I'm Valerie Peterson. I want to thank Nate and the City staff engineers. We've been meeting every two weeks. We positioned the building to allow natural water basins to remain. The building is predominantly brick with some metal panels. The gymnasium is a storm shelter designed for a 250 mph wind event. [22:38] **Commissioner Boik**: Is the design reflective of Lake Elmo specifically? [22:45] **Mark Drommerhausen**: Yes, it has a prairie theme with the connection to the Lake Elmo Park Reserve. [23:45] **Mark Drommerhausen**: Regarding irrigation—typically we do not irrigate elementary schools, but there is some irrigation on this one to support tree growth around the parking lot. [24:32] **Chairperson**: At this point, we do have a public hearing. As a reminder, public hearings allow you to voice your opinions. It is not a Q&A. You have up to six minutes. [24:45] **Commissioner Style**: Before we get to the public hearing, I'm just going to remind everyone that yes, I am an employee of the Stillwater school district. It has been determined that I do not have a conflict of interest, so I will be voting on this today. [24:58] **Chairperson**: Motion to open the public hearing? [25:01] **Commissioner Boik**: I move to open the public hearing. [02:03] **Commissioner Ray Camp**: I'll second. [25:04] **Chairperson**: All those in favor? (All say I). The public hearing is now open at 7:20 p.m. First name is Phil. Name and address please. [25:15] **Phil Drer**: My name is Phil Drer, 1140 12th Street North. They will widen the roads because they are required to have turn lanes. Looking at these reports, I'm reminded of a child who doesn't do their homework. The City's maximum lot size is 20 acres; they knew they wanted to build on 47. It is their fault. Regarding the shooting range—we’ve lived there for 30 years and visitors ask if there is active shooting going on. That’s what we are exposing children to. Tree preservation—a tree is a tree. They want to be let off the hook for a $4 million fee and pay only $50,000. They have $175 million in their budget. I urge you to vote no. [28:35] **Mary Sue France**: Mary Sue France, 1104 12th Street North. Imagine 32 years married to that guy and I agree with him. The County will require 75-foot right-of-way plus another 10 feet for utilities. Look at the trees on the east side of Lake Elmo Avenue; those will be impacted too. A 73% tree loss is acceptable? This request is premature. At best a deferral, if not a no vote. [31:35] **Bob Mamate**: Robert Mamate, 10699 10th Street North. We are having a hard time getting in our driveway the way it is without a turn lane. We've almost been hit twice. We haven't received much information on turn lanes or roundabouts. We already knew the gun club was there, but traffic has increased tremendously. [33:14] **Carrie Mamate**: Carrie Mamate, same address. Everything is funneling out onto 10th Street. There is just no way to make this happen without taking private owner's land. And what about the buses not being able to make a left out of the school? Are they going to drive five miles around Lake Elmo? What about safety for the kids? [35:55] **Chairperson**: Last call for public comment? Hearing none, we received one email from Benjamin Johnson also concerned about tree mitigation. Motion to close the public hearing? [37:34] **Commissioner Bree**: Motion to close the public hearing. [37:37] **Commissioner Style**: Second. [37:38] **Chairperson**: All in favor? (All say I). Public hearing closed at 7:40 p.m. Do we have a motion? [37:44] **Commissioner Bree**: I move to recommend city council approval of the conditional use permit, variances, and preliminary plat requested for the Lake Elmo Elementary School with the conditions and findings listed in the staff report. [38:10] **Commissioner Rayner**: I'll second. [38:13] **Commissioner Bree**: There’s a lot of work that’s been done. I think the layout with separate entrances is great. I am concerned about trees, but I'm encouraged the district plans to plant 250 more. I am for granting these variances. [39:07] **Commissioner Boik**: The trees are a big deal with me. 35 years is a long time for a tree to grow. I also worry about 10th Street and Lake Elmo Avenue and what's going to happen to people's properties. I'm not getting the whole picture. [40:15] **Commissioner Style**: I think the "planted versus natural" creates a dangerous precedent. We weaken the intent of the ordinance. $4 million is excessive, but $50,000 is pocket change. I think there is a better compromise. [42:30] **Chairperson**: I agree. A tree is a tree. But I fully understand the need for the new school given the age and location. Hopefully, 94 opening helps the traffic, but people have found our "secret road." [43:50] **Commissioner Rayner**: Does the city feel a roundabout is better or a light? [44:02] **Nate Stanley**: We are still working through final design with County staff. It will come down to traffic modeling and available right-of-way. [44:48] **Commissioner Boik**: The maximum lot area of 20 acres—why was that set? [45:00] **Nate Stanley**: Generally, for public facilities, the idea is to keep non-taxpaying uses on smaller parcels. [47:00] **Chairperson**: We have a motion on the table. All those in favor of recommending approval? [47:15] **Commissioners Bree, Style, Rayner**: I. [47:18] **Commissioners Boik, Ray Camp**: Nay. [47:20] **Chairperson**: Motion passes 3-2. This will go to city council on November 6th. Nate, any communication updates? [47:35] **Nate Stanley**: The items from the September 9th meeting both passed Council. The open space PUD zoning amendment was approved with amendments—limiting the density jump to .6 if it has access to a collector road. Oakland Middle School was also approved. Upcoming meetings: October 28th is cancelled. November 13th is the next meeting. [48:15] **Chairperson**: We will go ahead and close the meeting at 8:03 p.m.