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05-04-94 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES IN THE CITY OF OTSEGO, COUNTY OF WRIGHT, MINNESOTA REGULAR PLANNING COMMISSION MEETING MAY 4, 1994 - 8PM CITY HALL COUNCIL CHAMBERS 1. CHAIR SWENSOY WILL CALL THE MEETING TO ORDER. Chair Swenson called the meeting to order at 8PM. 2 CONSIDERATION OF THE PLANNING COMMISSION MINUTES OF 4/20/94 ING ROSKAFT MOTIONED TO ACCEPT THE MINUTES AS PRINTED. DENNIS MC ALPINE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ROLL CALL: The following Planning Commission Members were present: CARL SWENSON, DENNIS MCALPINE, GENE GOENNER, ING ROSKAFT, BRUCE RASK AND JIM KOLLES RON BLACK, CR :MARK WALLACE AND ARLEEN NAGEL, ALT, WERE ABSENT. The following Staff was present: David Licht, Planner, Bob Kirmis, Assistant Planner, Larry Koshak, Engineer, Andy MacArthur, Attorney, Elaine Beatty, Deputy Clerk/Zoning Administrator, and Judy Hudson, Secretary The following Council Members were present: Larry Fournier, Council, Norman F Freske, MayoriFloyd Roden, Council 3. PUBLIC HEARING ON THE THIRD INDUSTRIAL SITE INITIATED BY THE CITY OF OTSEGO FOR THE PROPERTY PID #118-500-284300 IN SECTION 28, TWP 121 RANGE 23. THE REQUEST IS FOR THE FOLLOWING TO ACCOMMODATE THE THIRD INDUSTRIAL SITE: Carl Swenson explained how a hearing would be conducted. He asked Elaine Beatty if the proper publications, postings and mailings had been completed. Elaine Beatty noted that the proper Hearing Notices had been completed. Dave Licht explained the 26th of August report from NAC and explained the request. He did not go over in detail the staff report as he assumed the P.C. had read it. He stated that this recommendation came from the EDAAC, and the Hearing was initiated by the EDA . He explained the 3rd Ind. site was not identified, in the Comp. Plan, but explained the need for one. This would be an alternative site CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 4, 1994 AT 8PM - PAGE 2 - for the Home Extended Business. The other thing is to offer a full range of opportunities for the Industrial areas. He explained further. What is offered by the 3RD Ind. site is some diversity. There has been little interest in the area W of Albertville. The 3RD Industrial site has attracted the most interest. There is currently some businesses interested in coming into the 3RD Ind Site, wherever that is placed. He explained further how the site was recommended with an objective study, with criteria pre -established. In the Public Meetings, there was a neighborhood meeting intending to advise surrounding property owners, what was being advised. The EDAAC attempted to summarize what those issues were. That information has been made available to you. Our office has attempted to provide factual information. The general conclusion was if it was properly done there was little or no impact. Traffic demands would be projected at 650 vehicle trips per day, split evenly between Co Rd #37 and Odean. Co 37 is designated as an arterial street, which is a heavy volume. #37 will be a primary traffic carrier. Noise, traffic, and junk, there are Ordinances to address that. Crime- - we checked with Wright Co and they said it was not a major crime area. NAC has not taken a position. The issue of compatibility has to be looked at. The Comp Plan attempts to address the different land uses, in a non -emotional setting. Can the impact of Ind. Development be mitigated to accommodate what is there today is the question. There was a plan proposed for this area in 1988. The comments raised at that time were very similar to what it is today. That was a Residential proposed development. The Comprehensive Plan says this area is proposed for development. As part of the Hearing, the Comp. Plan issue is fundamental. If zoning is pursued that leads into the sketch plan approval. We have some concerns raised by the neighborhood should the matter be approved. We have listed nine items on PG#3 of NAC's Report. (See attached). A concept that we came forth with is have the City become a part of a property owners association which governs the property in the site. The other maters are pretty straight forward as any other subdivision. Carl Swenson took over and opened the hearing to comment from the public. Go to the podium to be recognized he stated. Grover Stauff - Lives on the East side of this property. One of the issues raised is the compatibility issue. This 53 Acre lot is surrounded by houses on 5 & 10 acre parcels. This is not compatible. I wrote a letter to the editor a few weeks ago. I got one call only. He pointed out that the reason people have businesses in their homes is they can't afford to spend 20 or $30,000.00 for an Ind. Site. This sets in the highest point in Otsego. In San Fransciso you wont find too many industrial bldgs on knob hilt. If you put this Ind park on I94 you can get your tax base from the industrial park and build houses on this site and you can tax some additional houses also. The other issue is there are road restrictions on 39 and Odean Ave. It is limited to 7 tons. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 4, 1994 AT 8PM - PAGE 3 - Co 19 is a 9 ton rd. 70TH ST is a 10 ton road. Everyone of us neighbors are totally opposed to this whole idea. Dave Carlson - I live on Obrian. I grew up in the cities where houses are a few feet apart. I hate to see this turned into the area where I grew up with high crime, etc. Tim Clark - Lives to the E of this proposed site. Dave Licht has presented a long list of why we need a 3RD Ind Park. Licht does this for a living. He is a highly skilled speaker, he knows how to sway people his way. He does not speak for the people in Otsego. These people are here tonight with a list of reasons. We feel our needs and concerns should be listened to This is not the right location. We feel this should be put on hwys 39, 101 and 94. We have been working for months to get the boards to find a better location. Don't let David Licht persuade you that this is the right location. We have lived here for 5 to 20 years and are raising our families here. With your help we can move this site to the right location. We need the help of the P.C. and City Council to help move this to the right location. Scott Reinhardt - Lived here a year. We have to look at an area to move this. Put it somewhere where you can build it have an Industrial Park area. You don't need to stick this in the middle of a residential area. Put it where we can enjoy the revenue, tax base, but not here. We need to welcome those people, but not in my back yard. There are other opportune areas. They don't want backroads. Look at other areas. Susan Ackerman - Moved here 2 years ago. I lived next to the airport. I will hear traffic. Relocate it so it won't be a nuisance to us and our kids. Jerome Bauer - 6685 Odell - Some issues have been addressed. Compatibility is the issue. 4 new homes have gone up well over $100,000.00 in the last year. Now you are stuffing an Industrial Park there. You can not bring a loaded truck when roads are restricted. We are talking about 9 ton roads. He said which ones are. We have plenty of space, and it is available and affordable. Home Extended Businesses, there are convenient but they don't work. Someone purchased land next to this property and was denied it, now you want to put in an Industrial Park A Moratorium is another problem. We don't know where some of the water is going to go. We have already allowed housing projects. This is excluded from it. We will have all this water, where will it go? We have a problem now. Bob Cullinan - Lives in the old school house. He lives within 500' of it. The EDAAC recommended this first. Neighbors voiced their concerns. I believe there are 9 cons and 1 pro. I have sold real estate for over 10 years. I always told people I lived in between Rogers and Elk River, now it is a nice area. This is a high area. 37 is a roller coaster and not a good road to run extra traffic on. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 4, 1994 AT 8PM - PAGE 4 - Ray Cullinan - I live on 70TH ST. I just closed on my house on Oct 29TH. Before I built I asked if there would be any development on this property. I was told it was Ag. Before I made my first payment, after building my new house I got an invitation to these meetings. Across the road is the middle of my property. I have two small boys. I would not have built there if I knew this was going in. The price of the Building Permit is one of the highest in the State. Since that time there were 4 new houses put in. I don't think they would recommend this site again. I know we want businesses in Otsego, but I hope we don't make a mistake. Wally Odell - I am a member of the EDAAC. We have been chewing on this for awhile. At the meeting we were asked to compile a list of pros and cons. so we can get together to discuss this. I would hope that the pros and cons would be in your packet. We function through councils and committees. I have discovered a way to make things work is to get thing in writing. I went back to the Zoning Ord and Comp Guide Plan, this is what is about. There concerns are immediate, personal and I am here as Government and a good and orderly process. We have a Zoning Ord. We have done this right. These were arrived at with give and take. We have come up with a good Zoning Ord and a good Comp Plan. I say we should follow these. They lay out good processes. Zoning Ord, Sec 20-1-3 it relates the Zoning to the Comp Plan. It says the Comp Plan is the Bible by which you judge zoning. I refereed to extensively, land use goals and land use policies. If you have that Third Industrial site pro and con list, I suggest you check each one of these. Under land use goals, Pg 23 he read from that page goals and policies. He urged everybody to read this. It is there and available for you. Pg 29 goals are listed through 21. he read it. He relates it to G and H on the policies. Refer it to 17 page 31. he read. Changed if in best interest of long range and best interest of the community. I think give this your best shot and go by the guide plan. This is a new community. I am an advocate for the good processes I would like to see Otsego follow. Jean Baumgartner - Lives on 70TH ST. I could give you many reasons, all selfish. I would be willing to bet there is not one person here that wouldn't feel the same. I would like to support the logical reason that the roads cannot handle it. Put it where they can . Gary Inman - Opposed to this project. It is not compatible to the area. EDAAC Meeting and EDA and also We have had neighborhood Meetings and I have talked to several people about it. One thing keeps coming up. Across the road there is 100 acre site. Rawlings avenue by Dayton and land W of Albertville on 37 on S of I94 has come available. When we met with EDAAC. Other sites were asked for. There is 3 of them. Is Nancy Brunell in the audience. She left a letter and we need someone to read it to you. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 4, 1994 AT SPM - PAGE 5 - Chas Kolles - Lives in Otsego. We have the school in the back of the cow yard. There is ground on Co 19 he would be glad to sell. Bernard Roden - Lives on I94. Half of my land is in Albertville and already zoned Ind/Commercial. The other part is in Otsego. I got the roads and everything you need. I need a buyer. Osterbauer, Rex - Homeowner and I'm 300 ft from this property. I have a newer property and 4 boys that like to play outside. They have taken interest in making signs. They have talked about taking this on as a school project. They understand that where they are living now they have the room to breathe. We came out here for the quality of life. From the air you would see it is all homes. I am in a good, safe area way off the road. If you put this Ind Site in it will be like a castle on a hill. Dave showed us a berm and slides. This screen, My kids will be grown up and gone before this screening is grown. There are Industrial sites all over the country. It doesn't have to ruin our community. This would be a backward step. You need us and we need you. This is a good group of people that understand it is not our feelings, it is our way of life. If this is jeopardized it will have drastic measures. We may have to deal with this by moving. I don't want to move further out. Frank Morisette - Opposed to the site. I am in the real estate industry. Growth is moving out. We have to look at that as positive. Otsego did have a reputation of being a not so enjoyable area. We have development coming in, we have a Comp Plan for focus and direction. I have 8 yrs in the area. I am building a home near the proposed Industrial Park. We are getting some direction in the community. Look at where the City is going. Clara Inman - Read a letter from Nancy Brunell. dated May 2nd. (See attached copy) Rick Savitsky - I live in Halls. Where is the First Ind Park in Otsego? Do we have a second? Are we planning a 3rd. We don't have one first one and we are planning a third. Carl told him where they are. Are any of them full. No they are not said Carl. The Hearing was closed to Public. Discussion was brought back to the Planning Commission. Chair Swenson said the discussion is on the Comp Plan Amendment. Does anyone wished to be heard. Gene Goenner - In reviewing the report given by Dave's office there are a couple of things, I have some conflicts. Pg. 6, Item A - We would move the line to encompass CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 4, 1994 AT 8PM - PAGE 6 - 240 acres. We would be encompassing quite a bit of land with limited Ag potential. Second thing - We mentioned that we have used up some development potential with Antelope park and Country Ridge Additions. I see a lot of land that is not infield at this point. Watershed District, we have received a lot of rain. We haven't resolved the problem before creating another one. If we amend and move that line we have a right to say we won't allow infiilling up to that area because of Ag Land. I would hate to tell the land owner that there is a need for sanitary sewer and water. To tell the owner that he has prime Ag land and has a sewer line in we are committed to having that person developing at that point. I don't think we can use Ag land as a reason why not. ING Roskaft said he didn't feel it would be any different then right now on residential requests. If it is not on the proposed sewer district, I don't think we should start amending the Comp Plan without justification for that . RASK - We have been working at this a long time. We did a lot of studying. That area has changed since we originally investigated the area. I was on the Board when we denied Willie Lindenfelser his I or 2 acres lots. LeFebvres Watershed Moratorium is in that area and maybe this is not such a good site at the time for the Third Industrial Site. Dennis McAlpine - Someone made a statement how many Ind Parks are there 1, 2 and 3. 101 is the high buck Industrial Park. It is a hard line, but I think we should look at 101. We put up that school. They are planning on putting a well in there. He talked about it. Jim Kolles - I feel there are better places for this Third Industrial Site. There is too much opposition. Carl Swenson - felt empathy for the people across the road. 1. A COMPREHENSIVE PLAN AMENDMENT TO THE CITY LAND USE PLAN: ING ROSKAFT MOTIONED TO DENY THE COMP PLAN AMENDMENT. GENE GOENNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2. REZONING FROM A-1 TO I-1: DIDN'T APPLY WITH THE DENIAL OF THE COMP PLAN AMENDMENT CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 4, 1994 AT 8PM - PAGE 7 - 3. SKETCH PLAN APPROVAL: DIDN'T APPLY WITH THE DENIAL OF THE COMP PLAN AMENDMENT THIS WILL BE ON THE COUNCIL AGENDA OF 5/4/94 4. A PUBLIC HEARING ON PID #118-500-263301 AND PID #118-500-274400 IN SECTION 26, TWP 121, RANGE 23. THE REQUEST IS INITIATED BY EDWIN AND LEONA M DAUPHINAIS OF 16099 72ND STREET NE, ELK RIVER (OTSEGO) MN, FOR THE FOLLOWING: A CONDITIONAL USE PERMIT TO ALLOW MINING IN AN A-1 DISTRICT: Larry Koshak explained the Mining Permit. He had the subject site on the overhead. The applicant is Randy Larson. He has a contract to supply material for #101 road. He explained further from his report. Use is permitted in A-1 Zoning District. At closing it will be allowed to resume its Ag activities. Land surrounding the area is Ag and shouldn't be adversely affected by the mining operation. He read the report information, Dated April 28, 1994 He explained the streets affected. Based on Koshak's letter of April 28, 1994 they recommend approval. We are asking Mr Dauphinais (on our MSA plan we have projected a MSA Rd through the property) He showed it on the overhead. As part of this permit we ask him to give the City an option to aquire that property along with this permit. There is a request from Bob Kirmis from and Dave Licht dated April 29, 1994 dealing with retail sales being ceased. Ing Roskaft asked about the gasline in this property. Ed Dauphinais - No. 1, Larson is the applicant, not me. He received a letter that before this is granted the commercial product is to be moved by June 15th. I am having a sale on June 12th. I don't feel this is fair. I don't know how many mining permits have been issued with requisites. I had a discussion with Bob, he said he didn't feel a PUD would work. It was negative. No one said Ed I will help you. You are our administration, we are the people. I'm not in very good health. I am going to emergency when we get done here. I am a horse trader. I don't want to buy any new ones any more. The City says I can't trade an Ag product. I don't feel right with the way I've been treated. Randy is the applicant at this time. I don't know who sent me that letter. I only want to cooperate. Anyone else wish to be heard. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 4, 1994 AT 8PM - PAGE 8 - Ken Fry - I would like some information on how much of this they are going to take. My front window is right near this hill. I want some information on how much they will take out of there. 100,000 units said Randy Larson. He explained the hill in front of Mr Fry will not be coming down now. There is a utility easement there now. They will be on the East side of that, close to the present structures. Doug Moe - works for Randy Larson - Larry read that letter and didn't cover some recommendations. The seeding we have is for temporary seeding. Larry Koshak said that is not a problem. Source of water, Analyzing the road. Preconstruction meeting they talked about borings taken on the road. We would have a clear understanding of damages. The state will video the road. Soil compaction tests will be taken. Larry Koshak said there was a pre -const. meeting on this project. Even though you have a bid item it may not cover the damage on that road. He explained the regulations. That is why a letter of credit is required. Randy said he understood. In spec book they do have an unlimited quanity that the State and he shares. He explained further. We need documentation said Larry Koshak. Part of the Letter of Credit is for the Road, part is for the site. The bond is released when it is complete. The easements shouldn't have any affect on the permit being granted. Security should be from the applicant. Andy McArthur explained this is a CUP so Ed is the Applicant. Bob Kirmis addressed the Commercial Use. His office drafted the letter. What we were trying to bring forth is the illegal non -conforming business currently exists on the site. He has a horse trailer operation. This provides an opportunity to resolve the illegally established business issue currently on the property. Our recommendation requires a security. Andy MacArthur says a CUP is on the entire legal description of the property. As far as security he didn't feel that is in the permiters of what we are doing. The condition that the propety owner enter negoatiations is appropriate. Carl Swenson asked if anyone had any comments. Bruce Rask - This is presently zoned A -l. It is a farm. I thought a farmer on the W end of Otsego could have a Home Extended business. I don't understand. Do we go to Boggs and tell them they can't have horse trailers. Bob Kirmis disagreed with that. He sells large volumes of Commercial Equip. It goes beyond the boundaries of a Home Extended Business. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 4, 1994 AT 8PM - PAGE 9 - Bruce Rask - talked about it further. He is concerned. It is there family and they should have the ability to do what they want. Andy MacArthur said he did come in and it was indicated he should apply for the PUD. Andy explained further. Carl Swenson asked if he could obtain the legal permission to have the business. That option was given to him. He would have to have $10,000.00 worth of surveys said Mr Dauphinais. Carl Swenson said most of the discussion was on the condition of NAC, 29 April, 1994 Memo. Any discussion on the basic Permit. Gene Goenner - Discussion for Larry Koshak. There was no mention of Co Roads. Is that up to the County. Larry Koshak said the Co has sent a letter. Corps of Engrs and Mn/Dot are the only ones we haven't heard from. Gene Goenner asked if we are covered or is the City under some liability? Larry K said we take care of the Citys right of ways and the County addresses theirs. GENE GOENNER MOTIONED TO GRANT THE MINING PERMIT APPLICATION ALONG WITH THE CUP W/ COND LISTED BY NAC W/REMOVAL DATE BE JUNE 22, 1994 TO GIVE THE PEOPLE AMPLE TIME TO REMOVE PRODUCTS AFTER THEIR SALE. BRUCE RASK SECONDED THE MOTION. Dennis McAlpine asked if that would be enough time? Mr Larson - Asked when they can take dirt out of there? He was told that after the conditions are met, and the permit is approved. Andy MacArthur said the permit would be lost if they didn't comply by June 22, 1994. Carl read the letter. (Bob Kirmis read the April 29, 1994 Memo). Larry Koshak said this was based on a time table. That issue had never been put in the time table. They are working on a 101 project with high priority. AMENDMENT: GENE GOENNER MOTIONED TO STRIKE ANY INFORMATION THAT REFERS TO THE DISCONTINUANCE OF THE MINING OPERATION, AND DELETE THE LAST LINE THE SECURITY IN THE AMOUNT DETERMINED BY THE CITY SHALL BE A CONDITION OF THIS REMOVAL. BRUCE RASK SECONDED THE AMENDMENT. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 4, 1994 AT SPM - PAGE 10 - PG 5. LAST PART OF 2ND PARAGRAPH ON THE BOTTOM. ENTER INTO NEGOTIATIONS FOR THE CONSTRUCTION OF AN 84' RIGHT OF WAY FOR THE PURCHASE. GENE GOENNER AGREED TO ADD THIS TO THE MOTION. BRUCE RASK OWD THE SECOND. MOTION CARRIED UNANIMOUSLY. COUNCIL MEETING OF 5/9/94 THIS WILL BE ON THE AGENDA By entering into the road negotiations at this time, what is this doing, asked Gene Goenner? Why are we putting this here? Larry Koshak said we are establishing the location of the road and establishing the right to negotiate with him. Why go through this extra procedure? We are trying to establish the right to negotiate with the property owner on the configuration that we have shown. Gene Goenner didn't understand it. Mr Dauphinais does not feel it should be a part of this permit. Bruce Rask was concerned about this. Commercial use vs hobby, he felt the man has a hobby. He felt the people should have the right. He didn't see it as an illegal use. Ing Roskaft said there are certain things that are Commercial and you have to have a permit to do it. For instance a feed lot. Comp Plan says what you can have. What are the actual documentation's. Ron Black said this has been going on for years. This is nothing new. it has been looked at by the City Council. Plans have changed along the way. Ron Black felt Bruce Rask should look at the definition. Ed Dauphinais said he will have those trailers out of there by June 22, 1994 and he had heard enough on it. 5. A PUBLIC HEARING TO CONSIDER ADOPTION OF AN HISTORIC PRESERVATION ORDINANCE FOR THE CITY OF OTSEGO: Bob Kirmis gave background to the Ordinance. An Ord was prepared by a group of interested citizens. We have not drafted any of the Ord language. He will offer comments from our office and Mike Koop of the State Historical Society. Jan 4, 1994 memo to Elaine. It is to preserve historic building, etc in the City. The City should consider if the City wants this. He explained further. Financial burden - when it becomes designated historic an additional set of performance standards are put on the building, etc., there are financial implications to that. NAC has provided comment. He noted the Ord as currently written doesn't address heritage preservation bylaws,etc. It would need to be addressed by Resolution or Ordinance. Carl Swenson felt a Resolution by the Council would be appropriate. Andy MacArthur said the statute should be attached. He explained further that the sections should be added. This was taken from a regular City Code Ordinance. Misdemeanor portion would have to be added to the end. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 4, 1994 AT 8PM - PAGE 11 - HEARING OPENED TO THE PUBLIC. Joy Swenson - She is part of a group that feels we should preserve some of the geological sites as well as buildings. We hope you adopt the Ordinance. HEARING CLOSED. It was brought back to Commission. ING ROSKAFT - Do I conclude you rewrite the ordinance to make it more complete, or what? Carl Swenson felt changes should be made. Andy MacArthur said Bob Kirmis is more than able to make those changes. ING ROSKAFT MOTIONED TO CONTINUED THE HEARING UNTIL THE COMPLETE ORDINANCE IS PREPARED AND BROUGHT UP TO DATE AND WE WILL RECOMMEND TO THE COUNCIL. JIM KOLLES SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. A PUBLIC HEARING TO CONSIDER ADOPTION OF A WETLANDS ORDINANCE FOR THE CITY OF OTSEGO: Elaine Beatty noted that Publications have been completed. Staff Report given by Larry Koshak. Larry showed the Sequence of Wetland Ord. by overhead projector and explained the Wetlands Act of 1991. This is in effect January 1, 1994. City has chosen to be the LGU. We are now adopting an Ordinance. The act is in the Ordinance and arranged in the proper order. The Ordinance is basically the Act. He showed a flow chart as to how it works. He showed the form that needs to be filled out. There is a half dozen different forms as the sequence goes on down. There is at least two steps to the procedures. (If no wetland exists). If a wetland exists, he showed the different ways it would be handled. We are responsible for keeping the files, data, etc. The Council will establish a technical review committee. Any questions on the wetlands? City Engineer, Bd of Conservation , and Mark McNamara from Soils and Conservation Dist. will make up the board. It is up to the City to make the impact decision. It takes 120 days approximately if you impact a wetland. This will be set up for all preliminary plats. HEARING OPEN TO THE PUBLIC. Diane Wiltermuth - We have areas that are blocked up. We have water problems. Will the DNR consider are area as wetlands? Are they coming in to designate that as a wetland there. We put in new roads, clean culverts and I don't think the corner of 89th and Obrian should be designated as a Wetland in the future. HEARING CLOSED AND BROUGHT BACK TO THE PLANNING COMMISSION Gene Goenner said he has tiles that were broken in farmland and the water backed up and now cattails are in there and it would now be designated as a wetland. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 4, 1994 AT 8PM - PAGE 12 - Larry, can you address that. Larry Koshak explained the criteria. There are exemptions for Ag. When it is converted from Ag to develop they loose the Ag designation. It is up to a panel to review. The criteria as set forth in the act by the Fed Wetlands guideline manual. It says how to identify a wetland. There are no alternatives to that. He talked about impact. That's what the process does. Ron Black - said for a little background that the very activity that Gene is talking about, draining of land for Residential or development reasons was recognized by Congress as being a problem. This is the result. They told the U.S. that it will stop. There was a Fed act and MN passed a complementary legislation. This is nationwide. We are stuck with it if we like it or not. What you have now you will have to deal with. This is the policy and procedure. Bruce Rask - If we don't have the right to look at areas like the Halls Addition, We can't say we have the right to draintile it. Koshak said this criteria has to be used. Bruce talked about it more. Ron Black said Congress said whatever problems you have, this is how you deal with it. Diane Wiltermuth - 90TH and Obrian not 89TH. I want it shown in the record. A road was put in there. The developer was told the wrong size culvert was put in and they moved the culverts there but didn't put it in. She brought up Mr Black's comments on pumping at the other nights meeting. Andy MacArthur reviewed the Wetland Ordinance and doesn't have any comments, except it is in good form. ING ROSKAFT MOTIONED TO ADOPT THE WETLAND ORDINANCE. BRUCE RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL OF 5/9/94 THIS WILL BE ON AGENDA Dennis McAlpine asked how we address the problem we have now that people are having? Larry K said this process is about any changes to wetlands. Our goal is 0 -net loss of wetlands. There is a banking program and a procedure. He explained. 7. ANY OTHER PLANNING COMMISSION BUSINESS: Copy of a planning letter. Two members of the Elk River P.C. in the audience tonight. Louise Kuester and Bob Minton They visited here today and they enjoyed the meeting regarding the Historical Preservation. We have been trying to draw together different Planning Commissions. Planning for quality of life and planning Commissions May 17,1994 at Elk River City Hall. We are encouraging CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 4, 1994 AT 8PM - PAGE 13 - participation. Bob Minton mentioned that they are in the process of updating their Comp Plan. We have tried to develop a relatively simple process. Maybe after a year we can come back and let you know how it is working. CARL SWENSON brought up the Sexual Harassment Training, and that the P.C. is invited but it is not mandatory. 8. ADJOURN: ING ROSKAFT MOTIONED AND BRUCE RASK SECONDED THE MOTION TO ADJOURN. MOTION CARRIED UNANIMOUSLY. .`y GENE GOENNER, SECRETARY -- MINUTES BY: ELAINE BEATTY, RECORDING SECRETARY