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10-05-94 PCFILE#: PC8394.WPS CITY OF OTSEGO, PLANNING COMMISSION MEETING MINUTES, IN THE CITY OF OTSEGO, COUNTY OF WRIGHT, STATE OF MINNESOTA REGULAR PLANNING COMMISSION MEETING OCTOBER 5, 1994 - 8PM 1 CHAIR CARL SWENSON WILL. CALL. MEETING TO ORDER! Carl Swenson, Chair called the meeting to order at 8PM ROLL. CALL: CARL SWENSON ING ROSKAFT GENE GOENNER�L� RON BLACK/CR ARLEEN NAGEL/ALT MARK WALLACE JIM KOLLES ARRIVED LATE DENNIS MC ALPINE - ABSENT STAFF PRESENT AS FOLLOWS* Larry Koshak and Kevin Kielb, Engineers, Allen Brixius, NAC, Elaine Beatty, Deputy Clerk/Zoning Administrator COUNCIL MEMBERS P F.SF.NT: Norman F Freske, Mayor Larry Fournier, Councilman 2 CONSIDERATION OF MINUTES OF SEPTEMBER 21,1994* ING ROSKAFT MOTIONED TO APPROVE MINUTES AS PRINTED. GENE GOENNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Chair Swenson explained how a Public Hearing is to be conducted. Elaine Beatty noted that the proper publications had been made. Allen Brixius from NAC gave the report on the Ordinance Amendment Proposal to change the Zoning and Subdivision Ordinance to establish full size copies to 5 and no less than 7X14 for distribution copies. He explained further. Number of copies of Sketch Plan, Preliminary Plat and Final Plat. Hearing opened to the public. No one wished to be heard. Hearing was closed. It was brought back to P.C. ING ROSKAFT MOTIONED THAT THE AMENDMENT FOR THE SUBDIVISION ORDINANCE BE APPROVED. MARK WALLACE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ING ROSKAFT MOTIONED THAT THE AMENDMENT FOR THE ZONING ORDINANCE BE APPROVED. MARK WALLACE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF OCTOBER 5, 1994 PAGE 2 Chair Swenson explained and introduced Larry Koshak to present the 58 acre property for a mining permit by Ed Dauphinais. This is a permitted, temporary use in the Zoning District. Larry Koshak said there are some issues. He had a plan along. There are three phases of mining. Phase 1. consists of placing the mining operation within the proposed Quaday alignment. The applicant will remove the material to the grades proposed for Quaday Avenue. The access road will be 72nd Street to Hwy 101. Mr. Dauphinais proposes being finished when Hwy 101 is closed. If not, he will have another plan at that time. Mr Dauphinais asked us to include mining Permit #3. Permit #3 has been suspended due to violations of the Mining Ordinance. At the present time no material may be removed. A completion of the permit requirements would mean the closure of Permit #3, return of Quaday with proper maintenance and the fee paid to the city. This should be done before Permit #4 begins. A letter of credit has been addressed. The items addressed are site restoration, which is replacing topsoil, and reseeding the entire site to recover and restore to previous condition. Estimated cost would be $65,000.00. Additional borings would need to be obtained on phase two and three at $3,000.00. Street restoration which has no gravel or surface (full cost of restoration could be $20,000.00). We are recommending the fees due to the city be set at five cents and placed in the letter of credit. Annual yardage by Mr Dauphinais is 300,000 cubic yards. 1.4 Mil. cubic yards annual pit, which is a significant amount. We are asking for a security and at the end of each years operation the money be paid to the city. (5 cents per cubic yard) $118,000.00 is the total letter of credit. We are asking that the dedication of right of way be donated to the City. Larry showed the road on the map.(it will be an MSA Street) Mr. Dauphanais will be reimbursed according to MSA appraisal values for the right-of-way with conditions presented in the report. With the appropriate documents that need to be corrected, we recommend approval of this permit. Carl Swenson asked if anyone in the public wished to be heard. Ed Dauphinais wants the right of way as a separate issue. He does not want it to be part of his permit. Mr. Larson has a letter of credit with the City. The State of Minnesota underestimated the amount of dirt needed. They moved over 200 feet to the east to get the type of dirt they needed. Randy Larson has told Ed he has until May 1st to restore the pit. He feels if that is true he is at the mercy of Randy Larson. He sold some direct to Plude Garage and some to Gammon. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF OCTOBER 5, 1994 PAGE 3 Mr Dauphinais said site restoration and $118,000.00 for letter of credit, that's hard. Randy Larson posted a Letter of Credit for $30,000.00. He paid $60,000.00 for the entire permit. At that rate you are charging me double what you charged Randy Larson with less area to mine. He showed on the map how he would mine bringing the dirt down on the future Quaday and close after mining. He has been at his place 5 years so he plans to do it right. As an owner it is more beneficial to me to have it looking right. I will make it nice. He showed the wetland and silt fence. He said $118,000.00 is a lot of money. He has gotten rid of his trailer business. If I knew all this would come up, I would not have done it. He has $15,000.00 in Engineering and permits. He said he may get a contract, but he's not sure. He would come to the City first if he had any big permits. He would have the street like 72nd have a lift put on it if it were to be used. Chair Swenson asked if anyone else wished to be heard. No one did. HEARING WAS CLOSED AND BROUGHT BACK TO THE PC. Larry Koshak addressed Mr Dauphinais questions. Larry met with Mn/DOT who named Quaday and 72nd St. designated haul roads. The state is responsible for upkeep and have restored the road to his satisfaction and requests to have the City take it back at 10/10/94 Council Meeting. We would allow him to reduce his total letter of credit, with dates based on the closure date of Hwy 101, complete substantially by Nov. 1, 1994. Our letter of credit is of Nov. 1. We feel it is essential that Mr. Larson commit himself to a closure plan and that he pay the fees at this time. The road is acceptable. The area has winded, it is too large to be permanent. We have to be guaranteed it will be closed before allowing another permit. Regarding cost of the letter of credit, according to the ordinance, there has to be some security for the restoration of the site. If Mr Dauphinais will give us a written agreement we can work something out. We could review that issue. $20,000.00 for the street is a valid annual yardage fee. If there is some other approach that the City could take and can be sure of getting the fee, we can discuss it. Bruce Rask said originally we adopted the yardage fee of five cents, so the City has the fee for the road restoration. Larry Koshak said it was put in the ordinance, it is a loss of resources. The fee the City charges, pays for some of the staff fees that are involved in administering the permit. It is basically a fee charged for the loss of the resource. Further discussion on fee. Mark Wallace said Permit #3 tying in with Permit #4, he can see the reason for that, but it was taken out by Larson Excavating. It seems to me we are penalizing the landowner for something that is out of his control. We can take the letter of credit and use that money to close what needs to be done. Why would you tie that in? CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF OCTOBER 5, 1994 PAGE 4 Larry Koshak said R. L. Larson took out the Permit in cooperation with Mr Dauphinais during the mining operation, based on a request from Mr Dauphinais, that he could remove material on a limited basis. He did continue to do that. It was learned that he allowed an operation to occur that was in excess of that. A contractor stated to me that 20 to 30,000 yards of material could be removed. Mr Dauphinais has requested to bring the Permit #3, into Permit #4. Mr Brixius said the CUP for land use is requested and the Mining Permit (2 permits being requested.) There is a tie. Mark Wallace asked what happens if this is not restored by November lst? Larry Koshak said the City has the ability to pull the money from the letter of credit to close the pit. We hope that doesn't occur. Mr Larson has stated that is a low priority now. Ing Roskaft said he understands Larry Koshak to say the road has been restored? Larry Koshak said yes. Ing Roskaft said it was bottled up for awhile. Larry agreed. Mr Dauphinais said he did not move 30,000 yards. He had sold 2,176 yards. 5,413 yards were sold to Gammon. They did not go into any new areas. Randy has the understanding that he has until May 1st to close the Permit. Larry Koshak said no. We suspended the permit because of the violations. Kevin Kielb said the permit cannot be terminated until a public hearing is held before the City Council. Applicant has a chance to protest. He explained further. Chair Swenson asked for clarification what the violation was to cause the suspension. Larry Koshak said Mr Larson opened the area 200' out of the area proposed for mining. He also exceeded his amount from 90,000 to 106,000.00 cubic yards. Ron Black said if he thinks that someone will pull his letter of credit it will move from the bottom of the pile to the top of the pile on priority. Discussion of Hwy101 completion. Larry Koshak stated that no more material is needed from the pit. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF OCTOBER 5, 1994 PAGE 5 Ron Black asked what pressures can be put on Mr Larson to finish so Mr Dauphinais can proceed. Larry Koshak said we can follow the permit and make him aware of the situation. Gene Goenner asked if we could have the hearing and termination by the middle of November? Mr Dauphinais said he would like to do the PUD Larry Koshak said Mr Dauphinais could restore the pit. Mr Dauphinais said Mr Larson would like to do it. Larry Koshak recommends approval under the conditions. (provide corrections to submittals and letter of credit) Mr Dauphinais felt the letter of credit is very unfair. If I would have known I would have never started this. I don't have a third enough to go on. This is 10% a yard. Why would anybody ever conceive that I would not restore this land. This is my life and I'm a landowner, not a contractor. Carl Swenson said the problem is if it is approved he can not get started until it is closed. Is here anything we can do about that? Larry Koshak said nothing, but get Mr Larson to close his permit. These mining permits have been difficult to deal with. Permit #l, hasn't been closed and Larson has promised the owner would close that one. We have no letter of credit on that. On Permit #3 we would have to force the issue. BRUCE RASK MOTIONED RECOMMEND TO SET A PUBLIC HEARING TO TERMINATE THE MINING PERMIT FOR MR LARSON. GENE GOENNER SECONDED THE MOTION. HE ADDED: TO HAVE THE DAY SET, THE DAY FOLLOWING THE SUBSTANTIAL COMPLETION DATE. MOTION CARRIED UNANIMOUSLY. Mark Wallace asked if the permit can be written to have two separate areas? Ed said he does not have to move out of that area. It drains back into his area. He would not have to have another area open this fall. There is a little over 7 acres there. He would not have to move this Fall. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF OCTOBER 5, 1994 PAGE 6 Larry Koshak said he maybe could take over Permit #3. You could mine it and somebody would have to pay the 5 cent fee. There would be some kind of an escrow on the street. Mark Wallace asked if we can allow a CUP for the area he wants, or rewrite it to continue mining. Can't we write any conditions we want under a CUP. Larry Koshak said it is almost necessary to close Permit #3. Then we can start Permit #4. Mark Wallace said if the City follows our recommendation, doesn't the City close Permit #3? Larry Koshak said that is right. Mr Brixius said there is a permit out there, while being suspended, mining under that permit could muddy the waters further. Mark Wallace said does he need to close that area. Mr Dauphinais said if Randy closed the whole thing, we would have to reopen it. Larry Koshak said one issue is a PCA Permit. You can operate five acres or less without a PCA Permit. Bruce Rask agreed with Mark but sees if the City Council acts on that we have a final decision and the money to close the permit. He should be able to proceed if We have the money to close it. If he gives me $20,000.00 for street restoration, that should be covered. Isn't that what it is for? Ron Black said Permit #3 should be closed before Permit #4 is started. Larry Koshak said they are recommending the Permit #4 be allowed with those conditions. Permit #3 closed and he meets the other conditions. If you feel the letter of credit is a negotiable, we can do that. Mark Wallace questioned the amount being doubled. Larry Koshak said Permit #1 has been long gone, and I don't know if the City has the ability to recover the 5 cents if not paid. Wouldn't you have to rewrite the ordinance in order to charge. Larry Koshak felt it is an administrative item. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF OCTOBER 5, 1994 PAGE 7 Mark Wallace felt we are penalizing Mr Dauphinais for Mr Larsons permit problems. Larry Koshak said we do not have a mechanism to recover this amount. Ron Black said a payment of the 5 cents is a way to reduce the letter of credit. Carl Swenson said he does not understand, if the ordinance says 5 cents how can we administratively make it 10 cents. Larry Koshak said we doubled the amount of yardage because they can take that amount. If you have a problem with this issue you can make a recommendation. If he makes the payments, phase one is done. Mr Dauphinais said it is getting too complicated for him. I am being penalized for things other people have done. The City overcharged me on a mining permit. At this point the City owes me more than I owe them. No one thinks this man may be an honorable man. You are looking at a man with a lot of pride. It is beneficial to the City also. Bruce Rask asked Mr Dauphinais not to withdraw his request. I don't think you are dishonest. I plan on making a motion that we adopt Permit #4, if the line of credit etc. can be worked out. Leona Dauphinais said you are talking about the line of credit can the 5 cents be taken out of the letter of credit? Larry Koshak said the road is acceptable. There should be adequate funds there without additional funds. Leona Dauphinais asked how soon would we be able to open our pit? Larry Koshak said as soon as the R. L. Larson permit is closed, or until a firm legal document is obtained from Mr Larson. We may have to go thru the termination procedure to close Permit #3 and proceed with Permit #4. Ron Black said the consensus seems to be that we do what is necessary to get Larson off the dime and not penalize Mr Dauphinais. The City is willing to put the heat on Mr. Larson. We have to play by the rules also. Mr Dauphinais said this is acceptable. Mark Wallace said the letter of credit could be negotiable and we can put that in our recommendation to the council. Mr Dauphinais thanked the Planning Commission. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF OCTOBER 5, 1994 PAGE 8 ING ROSKAFT MOTIONED THAT WE RECOMMEND TO THE CITY COUNCIL THAT COND MINING PERMIT #3 BE TERMINATED AS SOON AS POSSIBLE AND ALLOW COND MINING PERMIT #4 TO BE APPROVED AND PUT INTO OPERATION 5 ACRES AT A TIME ACCORDING TO THE RECOMMENDATION BY HAKANSON ANDERSON AND ASSOC. INC AS OF OCTOBER 3, 1994 AND ANYTHING THAT IS NEGOTIABLE BE TAKEN CARE OF THRU NEGOTIATION. MARK WALLACE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL AGENDA FOR 10/10/94 7:30PM. Chair Swenson said we also took action to recommend to close Permit #3, we wouldn't need to include this. Ing Roskaft said to leave it in. Gene Goenner said Quaday Avenue should not be an issue of the mining permit at this time. Do it all as one. Ing Roskaft said this is part of the negotiation also. There is no way Mn /Dot will decide tomorrow. Chair Swenson said Larry's report made the easement for Quaday Avenue a condition of the mining permit. Larry Koshak said the City is interested in acquiring the rights to the right-of-way. We are asking for a fair opportunity. We intend to hire an appraiser to present a fair market value for the right of way and pay him for that right-of-way. The reason is because he will excavate the road to that level. I feel this easement should be tied to this land and this operation. The land will fit the road. Bruce Rask views it as a taking. There was more discussion on the easement. Larry Koshak said they felt there was a cooperative effort. Ron Black said it is not a taking. He talked about cooperation and the process. A fair price has to be paid. Agreed value of the land. Larry Koshak said with the road in, the value of the property will be different. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF OCTOBER 5, 1994 PAGE 9 5. LARRY KOSHAK, CITY ENGINEER WILL DISCUSS THE TRANSPORTATION PLAN CONCEPT FOR THE MGHWAY 101 CORRIDOR: Kevin explained the amendment to the planning Dist.# 4 concept transportation plan. The area between Co.42 and Hwy 101 where development is starting to occur. We thought we should get a plan together to be used by developers as there is development starting in this area. There is a breakup between residential and Commercial. He showed north of Co.#39 and talked about the rest of the map. We propose a MSA roadway on 85th Street. Possible crossing on wetlands could be an issue south on Co.42. and Quaday Avenue. Alt #2 is the same north of Co.39 and remains the same, but access is opposite of the school drive. One key issue is three access points on either exhibit. Same for above the above three access points. Bruce Rask asked why the stub is going across 85th Street? He liked the #1 proposal better. We aren't going to make a major street thru the school. Larry Koshak said the current wetland law would probably require a bridge across the creek. It is expensive, but it is a better route and we recommend that route. It may change before it is built. More discussion. Gene Goenner said the creek is not that big, what about culverts? Larry Koshak said the channel has to be maintained to handle the flow from full development. Bruce talked about Otsego Creek and more discussion on wetlands and how now handled. Larry Koshak said they recommend Plan # 1. Showing traffic counts and having more discussion of Planning District #4. Gene Goenner asked about the Dare Property and the lot next to Kreusers, where would that be accessed? Larry said MRD #2 has been tabled until the LeFebvre Watershed Moratorium is off. At preliminary plat time the decision can be made about the access. However they lay their plat out they have to provide access. b. DISCUSSION OF THE CAMPAIGN SIGN ISSUE BY P.C.: Allen Brixius said basically this is intended to extend the campaign signs to 60 days before and 7 days atter the election. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF OCTOBER 5, 1994 PAGE 10 Carl Swenson said the campaign sign is covered by state statute. Why do we need a Muncipal ordinance? Allen Brixius intent is to establish a time frame so we can take the signs down. Ron Black stated a hearing is needed because the period of time is just too short. The concern is no one be in violation of the ordinance. Consensus is to have NAC find out what the State Regulations are and have it come back for the next meeting on October 19, 1994. Allen Brixius said you may want to reiterate it in your ordinance so people know. I ANY OTHER PLANNING COMMISSION BUSINESS: Arleen has a notice of a Planning Seminar. Deadline is September 26th, 1994. $5.00 for workshop from trust for public land "The Last Stand" She read from the information. There are two sessions on 10/8/94 from 9 to 1 Saturday University of Minnesota Farm Campus. Chair Swenson said the Council has decided to appoint a new 3rd Industrial Site committee. He appointed Bruce Rask, Mark Wallace and Carl Swenson will be the alternate. Gene Goenner asked if the intent of the concept plan was to adopt? It was for a discussion. 8. ADJOURN: ING ROSKAFT MOTIONED TO ADJOURN. BRUCE RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. GENE GOENNER, SECRETARY MINUTES BY ELAINE BEATTY, RECORDING SECRETARY C CITY OF OTSEGO PLANNING COMMISSION MEETING AUGUST 3, 1994 - SPM REGULAR COMMISSION MEETING 1 CHAIR SWENSON WILL CALL TO ORDER: Chair Swenson called the meeting to order at 8PM ROLL CALL: CARL SWENSON ING ROSKAFT ARLEEN NAGEL - ALT RON BLACK, CR BRUCE RASK MARK WALLACE GENE GOENNER ABSENT: DENNIS MC ALPINE AND JIM KOLLES CALLED IN Elaine Beatty from Staff was present Council Member Floyd Roden was also present. 2 CONSIDERATION OF MINUTES OF 7/20/94• ING ROSKAFT MOTIONED APPROVAL OF THE MINUTES OF 7/20/94. BRUCE RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Carl Swenson questioned Pg. 3. # 10. He had a problem with " PUD Zoning or Commercial" was " use" or what, intended? Carl Swenson read #10. Pg. 3 of minutes Carl noted. "use" should be inserted. 3 PLANNING COMMISSION REVIEW OF POSSIBLE ORDINANCE CHANGES: Discussion of amount of copies that should be brought forward regarding applications to the PC, Council, etc. ("legible copy" was discussed) It was decided the size wasn't important, it was the legibility of the copies. GENE GOENNER MOTIONED TO RECOMMEND THE PLANNING SUBDIVISION ORDINANCE TO BE REVISED TO REQUIRE 5 FULL SIZE AND 13 LEGIBLE COPIES (A MINIMUM OF 11"X17" WAS AGREED UPON). ARLEEN NAGEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Garage requirements was discussed and the question of requiring a garage with a new home was discussed, either detached or attached garage. Floyd Roden said the garage being built when a home is built is very minimal in price. More discussion was had. Discussion of other communities and their ordinances requiring garages.