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10-20-93 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 10/20/93 AT 8PM - PAGE 1 - Chair Swenson called the meeting to order at 8PM. The following Planning Commission Members were present: ING ROSKAFT MARK WALLACE GENE GOENNER DENNIS MC ALPINE CARL SWENSON JIM KOLLES ARLEEN NAGEL/ALT RON BLACK/CR The following Staff was present: Bob Kirmis, NAC Larry Koshak, Engr Elaine Beatty, Zoning Adm. The following Council members were present: Norman F Freske, Mayor Larry Fournier, Council AGENDA ITEM #2: Consideration of Minutes of 10/6/93: Roskaft motioned to approve the minutes as printed. Goenner seconded the motion. Motion carried unanimously. AGENDA ITEM #3: HEARING for DEL ZENTGRAF of TRIDENT CORP on Darkenwald's property PID #118-500-274202 which is located in Section 27, Township 121, Range 23 in the City of Otsego. This request is for a CUP for a Mining Permit as per Otsego City Ordinance. (Property is located SW of County #42 (River Road) and Quaday Avenue NE. Chair Carl Swenson explained the Public Hearing process. Beatty noted that the proper notices had been mailed, published and posted. Chair Swenson then turned the meeting over to Larry Koshak, City Engineer to give the Staff= report. Koshak brought up a survey of the mining site and placed it on the board. He said this is an application for a CUP for mining permit in accordance with Ordinance #9, which is the City Mining Ordinance. Del Zentgraf of Trident Corp is the applicant and Gilbert Darkenwald is the land owner. The purpose is to remove granular soils for construction purposes. The location is NW 1 /4 of the SEI/2 of Range 23, Twp 121, N2/3 of the El/2 of the NWl/4. The removal areas are shown on the map. The general location is,State Hwy #101, Co. Rd #42 and Quaday Ave NE 1/4 Mile to the East. West of Quaday Darkenwald owns the property and Casey and Johnson are the adjacent properties. The excavation site is adjacent to a DNR Wetland 86W on that property. The site road is a 1/4 mile access (field access) along the quarter section line, Section 27. The existing land is partially woods and pasture land. The applicant meets the designation of amount greater than 400 cubic yards. The applicant has supplied a lease agreement, soil borings from Braun Intertec. The operation is proposed to remove 369,831 cubic yards in three phases. The phases are illustrated on the second sheet of the survey. Tract A: 76,000 Cubic Yards. Tract B is 206,000 cubic yards and Tract C is 86,000 Cu. yards. The CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 10/20/93 AT 8PM - PAGE 2 - finished contours are shown on the plan. The pond elevation is 880 at the lowest elevation. In reviewing the ordinance, the applicant has in most respects complied with the ordinance requirements. We did respond to his application and his comments and we did require additional information. Would the Commission wish us to go thru those issues? Swenson said whatever the Engineer feels is necessary to get the picture across. Koshak said that Quaday will not be used as a haul road. They have chosen to cross Quaday and build a haul road across the owners own property and use Co Rd #42. They have to have stop signs on each side of the intersection and traffic will have to have controls on the intersection. He said he believes the Co will require the same type of conditions. There is little impact on Quaday. We have not been able to determine if the haul road will remain after the closure of the pit area. The issue of dust control is a substantial issue. If there is dust and the City receives complaints, the City needs to know who we can address that to. That has not been expressed in the detail we need. Noise abatement plan has not been completed. We are looking for evidence that the equipment will be sound proofed based on Ochoa Standards. The erosion control we require there be a barrier between the pond and excavation site and erosion be kept to a minimum on the site. Those issues are fairly well addressed. The Highway Engineer would provide mainly an entrance permit and we did receive some comments by FAX from Wright Co. They are obligated to put up their hauling signs and the contractor shall pave the approach to #42 to prevent dirt being hauled onto #42. We have not received information from the DNR on the pound system in written form. The site will have a locked gate on it and will be closed after hours. There will be a toilet for the workers on the site. We would require a construction plan and we need that to be added also. The plan complies to the 5 to 1 slope over the finished site and the restoration will be provided with the proposed top soil and seed when the site is completed. We recommend a $5,000.00 letter of credit for possible damage to Quaday. That letter of credit will be reduced after a portion of the site is done. We recommend approval of the Conditional Use Permit for Mining as stated in our letter of October 13, 1993. We recommed that the letter be re -prepared without the commentary and in a professional manner. Kirmis explained that this is a CUP in an A-1 Ag District. The Ordinance states that two conditions be met. 1. The Mining Permit Comply with the Mining Ordinance. 2. It meet the terms of the CUP. Alot of these things are addressed in the Mining Ordinance. ( the long term use of the property). The Mining is interim use in nature and residential development will ultimately be accommodated on the property. Chair Swenson opened the Hearing to the Public. He asked if anyone wished to be heard pro or con. GEORGE YANKOUPE: Gil Darkenwalds Son -In Law. He stated he met and talked to Staff Hydrologist, Joe Oshwald. His comments were that CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 10/20/93 AT 8PM - PAGE 3 - as long as we were not traversing the creek, the wetland is the responsibility of the LGU. If anything happened to this creek he would be responsible, but he feels the set back of the land was fine. George Yankoupe will try to get written comments. Del Zentgraf - Stated that they addressed the dust control in a letter initially to Koshak regarding spray -bar application to dust control and we discussed how we were going to cross Quaday and we would have a haul road. We did outline hydrants in Elk River and Darkenwald's Mobile Home Park for water. We cross Quaday and use the haul road North of Quaday. With regard to noise control, we have standard equipment and we won't be any noisier than Quaday or 4101. We have our permit with Wright County and we will adhere to what they say. We intend to stop at Quaday. Stop signs will be installed. All the requirements by Mn/DOT and the County will be adhered to regarding this project. Chair Swenson asked if anyone else wished to be heard. No one did so the Hearing was closed and brought back to the Planning Commission. Roskaft - Had a question relative to the approach on #42. You are mining at #37 and #101, right? Del Zentgraf - stated correct. Roskaft - Stated he went up there last night and I could hardly see up there when one of the trucks came out of there. There was dirt on #37 and #101. With the incoming traffic on the corner, it is dangerous. Is dust control on #42 is the same? Zentgraf - Stated he will hard surface that back 300 ft. on #42 and Wright County is aware of that. Fortunately, the one on #37 and #101 will be done in a month or so. I try to control those haulers. Roskaft - Asked if it is possible to put a sweeper up there? Zentgraf - Stated that they did today. Roskaft - Otherwise, I don't have a problem with that. Swenson - Asked if the haul road would be remaining after the project was finished? Zentgraf - From my point of view it is Mr Darkenwald's road and he will have to advise me of that. If Mr Darkenwald advises me we take it out or he wants it left I will adhere to that. Arleen Nagel - There will be a gate to the pit area? Zentgraf - One on #42 and one on Quaday at entrances. Koshak - About this Ordinance, you will see that Sec 4.14 that all special use mining permits here shall expire December 31, of the year it was issued. So this permit has to be renewed and reissued at the end of the year. Zentgraf - I would request with the lateness of the year I would like 14 Mos or 12 Mos based on the date of approval without doing anything or having that resubmitted again. Zentgraf will advise Council of that. Swenson - If no questions, a motion is in order. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 10/20/93 AT 8PM - PAGE 4 - Roskaft motioned to grant a Conditional Use Permit for a Mining Permit for the operation as requested by Del Zentgraf, Trident Corporation on the Darkenwald's property subject to the conditions in the staff report and Larry Koshak's engineering report. Wallace seconded the motion. Motion carried unanimously. This will be on the Council Agenda of 10/25/93 at 7:30PM. AGENDA ITEM #4: HEARING to consider an Amendment to the City Zoning Ordinance which would make an allowance for temporary dwelling units upon residential lots. Such an allowance would be made in cases where a lots principal structure has been damaged by fire or a natural disaster and reconstruction is necessary. Kirmis - Explained NAC's report of August 19, 1993. Allowances would be made where a lots primary structure has been damaged by fire or a natural disaster and re- construction is necessary. This is in regard to fires we have had and in response to the Council's request. Added language on PSG 2 E added. Kirmis read 1-10 (a,b,c,d). This would be an administrative procedure, providing those conditions are met. Swenson asked if anyone wished to be heard? No one did. So the Hearing was closed and brought back to the Planning Commission. McAlpine asked when there is a temporary building there, what provisions are going to be made until they can bring the up to date home to take it's place? Kirmis -they are talking about moving in a temporary mobile home and I assume that the person would want to hook into his septic system as long as it is approved by the Building Inspector and the Department of Health. McAlpine - Said he has seen a couple of barrels put in and the people say " It's my system". Wallace motioned to accept the Amendment as written. Arleen Nagel seconded the motion. Motion carried unanimously. AGENDA ITEM #5: Any other Planning Commission Business: Swenson - Said the City of Otsego and the City of Albertville have formed a Committee to have a look at Otsego Creek. Council Members Floyd Roden and Larry Fournier with Alternate Member Mayor Norman F Freske and Carl Swenson from the Planning Commission. Carl stated that he has asked Bruce Rask to stand in for him when he can't make the meeting. The meeting tonight was an organizational meeting and we did decide to proceed. There is not much to report at this time. Goenner - Proceed as to what? Swenson - We need to walk the creek and we need the elevation of culverts, etc. This is being handled by the Otsego Engineer and subject to review by the Albertville Engineer. Rask - Do they feel they will need to widen it? Swenson - They need to improve the flow. If culverts are needed, they will be added, etc. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 10/20/93 AT 8PM - PAGE 5 - Roskaft - I would like these developers to bring enough plans that are large enough so that they can be studied so each two Planning Commission Members or each one gets one, so they can study some of the information, contours, etc. They do that at other Planning Commissions. Kirmis - That is something the Staff can do. Black - I would like to see each Commission Member and every Council Member get an application and everything that has been submitted. The applicant should be required to submit the information in correct numbers, not the City's copy machine. McAlpine - We all know where Otsego starts and ends, but in some areas I don't know where the water is coming from for those ponds. One side of the road is low, and the other side is higher. Black - We are talking about a watershed study plan. Roskaft - Explained how Otsego Creek flows. Roskaft motioned to adjourn the meeting. Rask seconded the motion. Motion carried unanimously. MARK WALLACE, SECRETARY Minutes by: Elaine Beatty, Recording Secretary EB