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08-16-95 PCCITY OF OTSEGO PLANNING COMMISSION MEETING AUGUST 16, 1995 8 P 1 Chair Carl Swenson called meeting to order at S PM. ROLL CALL: Bruce Rask, Ing Roskaft, Carl Swenson, Arleen Nagel, Mark Wallace, Eugene Goenner, Jim Kolles, Richard Nichols (alternate). Suzanne Ackerman, Council Representative Staff: Bob Kirmis, Assistant Planner, Elaine Beatty, Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk, Consideration of Minutes of August 2, 1995 PC Meeting. Correction: Carl Swenson noted on Page 2, to include: "Ing Roskaft motioned to reopen Hearing and continue to August 16, 1995, Planning Commission Meeting. Mark Wallace seconded. All in favor. Motion carried." also: Page 3, second paragraph, leave off Jim Kolles' name, as he was not at the meeting. Arleen Nagel noted that Eugene Goenner was present. Ing Roskaft motioned to approve the minutes of August 2, 1995, with the noted corrections. Seconded by Arleen Nagel. All in favor. Motion carried. Continued Hean Amendment to the Subdivision Ordinance concerning Park and Trail Dedication Fees (Continued from 7-19-951 Bob Kirmis briefly went over a summary of the amendment. The attempt was to do two things: 1. Revise the Park Dedication Fees to show impact. 2. To develop fees The recent recommendation from PR is to disregard the difference between urban and rural fees. Charge $1,000 per dwelling unit or 10% of the land use are being developed. Trail Fees at $150.00 per buildable lot in place of the .5% fee in residential. For Commercial and Industrial left at 10% of Fair Market Value or 10% of land dedication. Chair Swenson opened the Hearing to the Public. He explained the Hearing procedures. Tom Baillargeon, Chair of Parks and Recs., went over the fee schedule. He explained the PR tried to come up with a blanket that would cover everything. Chair Swenson closed the Hearing and brought back to Planning Commission for discussion. Mark Wallace raised a question at the last meeting of a problem of obtaining money for parks based on projections. Park is used by everyone. Mark questioned the possibility of establishing fees by the City when ownership of homes are changed. Bob Kirmis said current ordinance is fees are paid when new lots are created. Bob see problems with that type of proposal because of the rate of turn over of homes. Planning Commission Minutes of August 16, 1995, cont'd. Page 2. Tom Baillargeon had talked to Andy MacArthur, City Attorney, about this. He said that when dedication fees are collected, you have to show impact and that impact on Parks doesn't change when ownership changes. Tom pointed out that when a new dwelling is created, there is impact. Mark Wallace asked how fee is handled with multiple family units. Tom replied, per unit. Ing Roskaft noted that before Otsego incorporated, the County charged fees to developers. He questioned if City could set up a maintenance tax for maintenance of Parks. Richard Nichols questioned Tom Baillargeon on previous discussions were $700 per unit, now its gone up to $1,000, tripling the fees. Richard felt this is too high. Tom went over that the original idea of PR was 10% of Fair Market Value, PR saw this was too high. The attorney felt $700 was too low. The PR compromised on $1,000. Richard wanted to know if the attorney felt it was too low or if he could defend it. Tom said both. Elaine Beatty pointed out that fees collected are used for development only. Maintenance fees come out of the General Fund. Chair Swenson asked why PR eliminated the difference between Rural and Urban areas. Tom replied that PR didn't gather enough information to define. Mark Wallace expressed concern for the same fees in the Rural Area, pointing out that residents in the Urban Areas live closer to the Park. Ing would like to the see same fees for Rural and Urban area, but feels the fees are too high. Gene Goenner reviewed on how the money is going to be spent and questioned the PR wish list. He wants the parks, but not all the items they are proposing. Mark Wallace doesn't want to discredit the work the PR did but felt a new fee should be looked at, utilizing other aspects and a more aggressive use of other funding, Carl Swenson pointed out to keep in mind that Otsego is new and suggests to consider two things: 1. Amount of Fee 2. Type of Fee. He would like to see a flat fee. Bruce Rask was concerned with the land dedication (land that would be taken off the tax base). Richard Nichols felt that as the City gets more developed, it will need more land and therefore the City will want to exercise the right of land acquisition. Possibly would be cheaper for the City to take the land than to purchase it later on. Mark Wallace motioned to establish the 10% acquisition of land being developed as outlined, but reduce the dwelling unit fee down to $750.00 per unit though out the City, leaving the Commercial and Industrial and Trail Fees as listed the schedule. Seconded by Ing Roskaft. Discussion: Gene Goenner asked if the City has a choice of what land they get. (yes they do) Planning Commission Minutes of August 16, 1995, cont'd. Page 3. Gene Goenner motioned to amend the motion to $575.00 per dwelling and $100.00 for trail fees. Arleen Nagel seconded. Voting For: Arleen Nagel, Gene Goenner, Bruce Rask, Jim Kolles, Ing Roskaft. Voting Against: Carl Swenson, Mark Wallace. Motion carried 5 to 2. Therefore the amended motion reads: Mark Wallace motioned to establish the 10% acquisition of land being developed as outlined, but reduce the dwelling unit fee to $575.00 per dwelling throughout the City and $100.00 for trail fees as outlined, leaving the Commercial and Industrial Fees as listed in the schedule. Seconded by Ing Roskaft. Voting For: Arleen Nagel, Ing Roskaft, Gene Goenner, Jim Kolles, Carl Swenson. Voting Against: Mark Wallace, Bruce Rask. Motion carried 5 to 2. Elaine Beatty noted that this item will be on the August 28, 1995 City Council Agenda, 6:30 PM. 4 Mary R Dare of 5549 Bimini Drive Hopkins. MN for Christ h r n Church Hearing (Continued from R-2-9_5_) See Letter asking that this be continued to Se% mher fi_ 1995 R PM Planning CommLsion- a. Preliminary & Final Plat b. Rezone Ing Roskaft motioned to allow the continuation of the Christ Lutheran Church Hearing to the September 6, 1995 Planning Commission Meeting. Seconded by Gene Goenner. All in favor. Motion carried. Discussion: Chair Swenson stated there should be a limit on this. (Elaine Beatty said they are actively working on the septic information) amd asled tp be continued. Chair Swenson opened the Hearing. Elaine Beatty noted that the proper publications and postings have been done. Bob Kirmis went over the NAC report of August 3, 1995. NAC recommends approval subject to the conditions listed in their report. Planning Commission Minutes of August 16, 1995, cont'd. Page 4. Chair Swenson opened the Hearing for Public Comment. NAME ADDRESS COMMENTS Ray Cullinan 14833 NE 70th Street Asked about access on CSAH 37 Grover Stauff 14866 NE 70th Street Asked how close the homes will be to each other. Rex Osterbauer Frank Morrisette 7380 NE Odean Avenue 7460 NE Odean Avenue (Bob Kirmis explained the 4 per 40) How long before Ordinance is changed to allow high density. Asked if there are any stipulations as to what kind of homes allowed. (Elaine explained Bldg Ord.) Chair Swenson closed the Hearing and brought back to PC. a Rezone from A-1. Agricultural (Rural Service Area) to A-2 Agricultural (Long Range Service Area 4ep r 40). Ing Roskaft motioned to Rezone from A-1, Agricultural, Rural Service Area, to A-2 Agricultural, Long Range Service Area. Seconded by Mark Wallace. All in favor. Motion carried. Discussion: Gene Goenner asked what happens if they want to front homes on 71st. Bob Kirmis said then the developer would have to build the road otherwise money is put into escrow for future street development. b Preliminary Plat to allow 5 -lots (clustered). Mark Wallace motion to recommend approval of the Preliminary Plat to allow 5 lots subject to the conditions listed in the NAC Report and recommend that 71st Street remain undeveloped but money is put in escrow. Seconded by Gene Goenner. All in favor. Motion carried. Elaine Beatty noted that this item will be on the August 28, 1995 City Council Agenda. Chair Swenson opened the Public Hearing. Elaine Beatty noted that the proper publications and postings were done. Bob Kirmis went over the NAC Report dated August 8, 1995. Planning Commission Minutes of August 16, 1995, cont'd. Page 5. Chair Swenson opened the Hearing for Public Comment. NAME ADDRESS COMMENTS Tim Boyle 8243 NE Needham Avenue Supports CUP Would like the City to consider changing Ord. to allow 2 accessory Bldg. when can't have attached one. Chair Swenson closed Public Hearing and brought back to PC. Mark Wallace drove by property and sees no problem in allowing this, feeling it would enhance the property and its value. Arleen Nagel was concerned with #4 in NAC Report, regarding drainage. Mrs. Chapp respond by saying their surveyor commented on how perfect the design of the drainage was. Bruce Rask questioned the 120 square foot shed and that it is really allowed there because of its size. Bob Kirmis said yes. Mark Wallace motioned to approve Conditional use Permit for more than one (1) detached private garage for this residence subject to the conditions in the NAC Report. Seconded by Gene Goenner. All in favor. Motion carried. Elaine Beatty noted that this item will be on the August 28, 1995, City Council Agenda at 6:30 PM. Richard Nichols reminded everyone of the brainstorming vision session for next PC Meeting. 8- Adjourn Ing Roskaft motioned to adjourn. Seconded by Bruce Rask. All in favor. Meeting adjourned. Judy Hudson, Recording Secretary Arleen Nagel, Secretary