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02-16-94 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 16, 1994 AT 8PM - PAGE 1 - Chair Carl Swenson called the meeting to order at 8PM. The following Planning Commission Members were present: DENNIS MC ALPINE GENE GOENNER RON BLACK/CR JIM KOLLES CARL SWENSON ARLEEN NAGEL/ALT ING ROSKAFT Staff present was as follows: BOB KIRMIS LARRY KOSHAK KEVIN KIELB ELAINE BEATTY Agenda Item #2: Consideration of Minutes of February 2, 1994 Ing Roskaft said on the first Page Andy MacArthur is spelled wrong. ING ROSKAFT MOTIONED APPROVAL OF THE MINUTES WITH THE SPELLING CORRECTION. ARLEEN NAGEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Agenda Item #3: CONTINUATION OF THE PUBLIC HEARING TO consider a Conditional Use Permit to establish a public recreational facility within an INS Instutitional Zoning District. Chair Carl Swenson said that due to additional information needed, it is probably a good idea to extend the Hearing to March 16, 1994 at 8PM. ING ROSKAFT MOTIONED TO CONTINUE THE HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO ESTABLISH A PUBLIC RECREATIONAL FACILITY WITHIN AN INS INSTUTITIONAL ZONING DISTRICT TO MARCH 16, 1994 AT SPM. DENNIS MC ALPINE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Agenda Item #4: LARRY KOSHAK - City Engineer will discuss the proposed Mining Ordinance with the Commission. Larry Koshak introduced Kevin Kielb from Hakanson Anderson. Mr Koshak said that the proposed Ordinance for Mining basically covers the majority of the same items, except in greater detail. This Ordinance is in compliance with the City Zoning Ordinance and it is a companion ordinance to Section 20 of the Zoning Ordinance, Excavation and Grading Ordinance. The difference between the two ordinances are a matter of yardage, 50 Cubic yards grading. The key is the definitions that we are concerned about. The first page under definitions, we made a change. #1 change A-1 definition proposed to change to: "1. Any removal of the exposed layer of the earth's surface or the removal of any layer of soil under the exposed layer of the earth's surface, whether sod, dirt, topsoil, sand, gravel, soil, stone or minerals performed with the intent of moving the same to another site as a raw material or processed product." Mr Koshak said it is important to have the definition coincide with the CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 16, 1994 AT 8PM - PAGE 2 - mining of materials in Otsego that are being removed from the site to be hauled to some other destination. The other definitions satisfy the Ordinance. (He will correct A-1). The other thing is the 500 cubic yards. We have gone by this a number of times in the past. The intent is to minimize a lot of small mining operations in the City. This is intended for a large mining operation, to go thru all of this, he explained further. The emphasis is on limitations of a lot of small mining operations. Gene Goenner said Gammon Bros did the road out front, they mined from different sites. If that would all be totaled, what would that amount to? X-14: A - G : Exemptions Larry Koshak went over the exemptions and read Ing Roskaft questioned the 50 cubic yards. He said he is disturbed at stripping of top soil. 50 Cubic yards or less in one year off of farm land. It could be a total loss of Ag Land. Larry Koshak said the operation has to be completed in 90 days or an extension of time can be granted. He read from the Zoning Ordinance. Section 20 - 25.9. Carl Swenson said you indicated it seems it would have to be overkill if we have to get a grading permit for 500 cubic yards. Are you suggesting we should extend the permit further? Larry Koshak said we are saying 500 cubic yards, the break-point investment and front end costs, he would have to mine 20 to 30,000 yards. We are eliminating any small mining operation. I think that can be rationalized. The last two permits we had were one for 90,000 and one for 320,000 cubic yards. four or five hundred cubic yards was set by the original ordinance. It is a substantial volume. Bob Kirmis said he is assuming 500 cubic yards is a common threshold. Ing Roskaft said 500 cubic yards in a side of a hill, they could take out 400 cubic yards and don't need a permit. Larry Koshak said they would need an excavation and grading permit as per the Zoning Ordinance. Ing Roskaft said just so it is cross-referenced between the two. Ron Black asked how many cubic yards does the tandem dump truck fit? Larry Koshak said 15 yards. He said an operation like that is 20 truck loads. Carl Swenson said it bothers him we have a cap between 500 and some number. Ing Roskaft said if you are stripping five to eight inches of topsoil off of an acre of land, you will get a lot of top soil. Somebody coming by would not even notice it. I'm trying to put a stop in Otsego to selling black dirt. Kevin said we make provision that in any mining operation, the black dirt has to be stripped and removed and put back in the restoration. Ron Black said in Sec. 25 it covers black dirt. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 16, 1994 AT 8PM - PAGE 3 - Ing Roskaft said that excavation means a hole in the ground, not scraping. Larry Koshak said excavation is removal of any existing material. Ing Roskaft asked if there was anything wrong with stating "no strip mining". Could it be incorporated? Larry Koshak said it could be incorporated in A. Ron Black asked how would you phase that? He said maybe incorporate the definition Larry had give earlier. Carl Swenson asked if there were any other concerns? Gene Goenner said with the City, County, States and other Municipalities not being affected, will we have another Bajari pit? Larry Koshak said it went according to the proper process according to the County Permit. Those type of things are incorporated in their plans and approved by the City. He explained how it works with the 101 project. It is part of their plan. Ron Black said Item C under exemptions implies excavations like along Nashua. Is that what it addresses? It seems the City, State, County, Etc. would have to comply with this permit. If that occurred, we would have to have it covered. He felt we should look at this. If the City of Otsego feels we can do it cheaper and lease the operation to a contractor, I have a problem with the outside operations. He felt we should tighten it up a bit. In "C", approved projects within the City these agencies are exempt. Larry Koshak said the rest of the Ordinance, the contents are basically, what we expect from the applicant for review. They generally set the standards. They are all listed. We ask for a narrative to be signed when the permit is issued. We know they have committed to those obligations. We would not put specific fees in the Ordinance. The Council can set the fee by Resolution. We have been charging five cents a cubic yard. There would be an application fee, permit fee, guarantee (Letter of Credit) equal to the cost of restoration. ING ROSKAFT MOTIONED TO SET THE DATE FOR MARCH 16, 1994 AT 8PM FOR THE MINING ORDINANCE #9 HEARING. GENE GOENNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. (the corrections to the Mining Ordinance by Larry Koshak should be distributed to the Planning Commission when they are finished. Agenda Item #5: Any other Planning Commission Business. Bob Kirmis brought up that we have the plans for the Elementary School here if anyone wants to look at it. Ron Black brought up the recreation facilities on the Otsego Elementary school property and he suggested that the Parks Commission have some input in the fields (Jeff Asfahl). CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 16, 1994 AT 8PM - PAGE 4 - ING ROSKAFT MOTIONED TO ADJOURN THE MEETING. DENNIS MC ALPINE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. GEN GOENNER,SECRETARY MINUTES BY: Elaine Beatty, Recording Secretary eb