Still no decision

By Sara QuamThe Tuesday Luverne City Council agenda included the conditional use permit for Dingmann Funeral Home to relocate to Fledgling Field.City Administrator John Call’s memo to the Council even recommended its approval.But City Attorney Ben Vander Kooi recommended the council table the issue for another meeting. Council members voted to do that.Owner Dan Dingmann said, "I thought it was going to be a unanimous vote in favor of the permit."Vander Kooi said the 2003 memorandum of understanding should be formally resolved first. That memorandum had the city and Dingmann working together to put Dingmann in the former medical center building.Dingmann said he feels stuck in this process again."They’re holding my feet to the fire. I was told the memorandum of understanding wasn’t legally binding, so why do I have to sign off on it before they give me the permit?"Vander Kooi said the memorandum has enough teeth to scare off others interested in the clinic.Vander Kooi said, "We have significant possibilities that are being held up because this memorandum is out there. … We are negotiating to release the memorandum so the city can pursue those possibilities." Dingmann said he is reluctant to give up all his rights to explore remodeling the clinic because if his Fledgling Field construction permit is denied, he will be left with no options."It’s the same old thing," Dingmann said.Dingmann first started the process of trying to construct on Fledgling Field in 2000.Planning Commission recommends approvalThe Planning Commission also met Monday to formally approve the findings of fact and recommend conditions to attach to the construction project. Planning Commission member Mike Reker voted against them.Those conditions include the following:oThe use will not be injurious to the use and enjoyment of the other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;oThe use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area;
Adequate utilities, access roads, drainage and other necessary facilities will be provided;
Adequate measures have been or will be taken to prevent or control odors, and that lighting will be controlled in such a manner that no disturbance to neighboring properties will result.The findings of facts that the Planning Commission approved include the following:
The City Land Use Plan recognizes that the area of Fledgling Field is zoned "Downtown," which is of a mixed use nature.
The Comprehensive Plan states that efforts to redevelop should focus on "sustaining and enhancing the residential quality." The submitted funeral home plan appears to maintain a residential look and character making it compatible with the residences in the neighborhood.
The city staff will have final approval of the exterior design for its appropriateness in fitting the residential area.
North Kniss Avenue has a mixed use character with a funeral home, several churches and a convenience store. The Comprehensive Plan states, "it does not seek to change the land use pattern along North Kniss." Another funeral home, with a residential quality, would then appear to be compatible and consistent with other current uses.
The property will have some green space and landscaping features, with additional tree planting, again approved by staff.
Vehicles will exit on Brown and Luverne Streets as the Comprehensive Plan advises, with no access to Kniss Avenue. Parking and building drainage will require approval in the building permit process.
There is no record of any complaints involving the existing Hartquist Funeral Home on North Kniss or the existing Dingmann Funeral Home on Main Street from any of the neighboring residential property owners, or any evidence that the presence of a funeral home has decreased property values.
The exterior lighting will be required to be such that it doesn’t impact the neighboring property owners, similar to lighting at the elementary school parking lot.
The property will have a privacy fence, hedges or a combination on the east side, which abuts residential back yards.
The funeral home will not have a crematorium.