02-04-08 PCITEM 2-1
OTSEGO PLANNING COMMISSION MEETING
OTSEGO CITY HALL
FEBRUARY 41 2008
7 PM
1. Chair Nichols will call the meeting to order.
Vice Chair Black called the meeting to order at 7:02 PM.
Roll Call: Vice Chair Pam Black; Planning Commission Members: Pam Black,
Doug Hackman, Tammie Fallon, Dave Thompson and alternate John Thelen.
Excused absence: Richard Nichols, Troy Watring and Brian Gerten.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Dan Licht, City Planner; Ron Wagner, City Engineer, Brent Larson,
Assistant City Engineer; Assistant City Attorney Kyle Hartnett and Tami Loff, Deputy
Clerk.
Mayor Fournier; Council Members: Jessica Stockamp, Vern Heidner, and Tom
Darkenwald.
2. Consider the following minutes.
2.1. January 22, 2008 Planning Commission Meeting.
Commissioner Thompson motioned to approve minutes. Seconded by
Commissioner Hackman. All in favor. Motion carried.
3. Planning Items:
PUBLIC HEARINGS:
3.1. Joe Banack:
A. Conditional Use Permit (CUP) to allow construction of a
single family dwelling on a lot of record within an area less
than 75 percent of the R-1 District minimum.
Dan Licht presented the Planner's Report. Staff has decided that this situation requires
a Zoning Ordinance Amendment. This item will be on the next Planning Commission
agenda.
3.2. Eagle Trucking:
A. Environmental Assessment Worksheet (EAW).
B. Interim Use Permit to allow excavation for transport of
sand/gravel.
Dan Licht presented the Planner's Report. Ron Wagner presented the Engineer's Report.
Judy Hudson attested that all the proper noticing, publishing and posting was
completed.
Judy Hudson presented the following letters, emails and phone calls received for
recording:
John Wark & Karen Clevette, 12103 65"' Circle, opposed because of safety, traffic
congestion, air and noise pollution, road deterioration, and environmental issues (see
copy attached hereto).
Brent & Mariah Turner, 6922 Lydia Circle Albertville, opposed for safety, health and
noise (see copy attached hereto).
Planning Commission Meeting February 4, 2008. Page 2.
Matt & Melissa Feehan, opposed due to poor air quality, number of trucks hauling and
noise (see copy attached hereto).
Holly & Tim Fanning, 12164 67th St, opposed due to air quality, noise and increased
truck traffic (see copy attached hereto).
Richard & Darlene McGowan, 6402 Maclaren Ave, opposed due to dirt, noise, safety and
cost (see copy attached hereto).
Nicholas Bohn, 6113 Maclynn Ave, opposed due to noise and truck traffic (see copy
attached hereto).
Shirley Taylor, 12107 65th Circle, opposed for reasons of truck traffic, air pollution and
ground water pollution.
Dennis Cliff, DR Horton Development, He is not opposed to the Gravel Pit. But is
opposed to truck traffic on MacIver Avenue because of all the residential development
along MacIver Avenue.
Cynthia Vognsen, 6538 Marlowe Ave, opposed because of truck traffic as she has a lung
disease and sleeps with oxygen at night. They moved out here for peace and quiet.
Donna Glanz, 6452 Maclaren Ave, She is opposed to the Gravel Pit because of all the
traffic it will create.
Robert Walerius, 6162 MacLynn Ave, opposed to the for public safety reasons.
Greg Wegleitner, 6129 MacLynn Ave, opposed to the because of truck traffic and noise
pollution.
Chair Black asked if the applicant had any comments. Butch Belair of Eagle Trucking,
Inc. and Tony Frattalone of Frattalone Companies stated they had no comments at this
time.
Vice Chair Black opened the Public Hearing at 7:47 PM.
Paula Wold, 6412 Maclaren Ave, oppose the traffic not the gravel pit. Concerned with
the spills that would occur on the road. Could be dangerous. Ms. Wold also asked if the
trucks will have covers on them.
Joleen Jorgenson, 7814 Parrish Ave and School Board member: School District does not
have an agreement with Eagle Trucking to cross their property.
Carol Roden, 8665 Nashua Ave, presented letter, has health concerns (see copy
attached hereto).
Sharon Carter, 9466 Nashua Ave, read a letter dated February 2007 written by resident
Krishona Martinson, 8789 Nashua Ave, opposed due to levels of truck traffic, roads,
negative effects on ground and surface water, noise and air pollution, dust and erosion
and health issues (see copy attached hereto).
Tim Larsen, 7256 MacIver Ave, said he will be affected by the traffic on MacIver Ave
and he said that there are already issues with speeders on this road. He asked for
speed bumps, more stop signs and lowered speed limits.
Ben Bastyr, 12153 87th St, stated concerns with the accuracy of the application and
EAW including consistency with Comprehensive Plan policies and that potential
cumulative effects were not considered in the proposal EAW. Mr. Bastyr said that the
statement in the EAW that the population within one -mile of the site is 28 single family
homes is wrong. Mr. Bastyr said the number of existing homes within one -mile of the
subject site is least 90. Mr. Bastyr stated that he is concerned about the ability of
trucks to enter CSAH 37 at MacIver Avenue based on the current roadway design in
Planning Commission Meeting February 4, 2008. Page 3.
conflict with transportation policies of the Comprehensive Plan and that the EAW should
state that roadway improvements are required (see copy attached hereto).
Melora Kopp, 8790 Mason Ave, stated that the EAW does not adequately address the
potential impacts to area wells. Ms. Kopp stated that there are parks and recreation
facilities in the area of the subject site not identified by the EAW. Ms. Kopp also
objected to statements in the Planning Report related to the mining operation,
specifically operating hours, truck traffic and bus stops (see copy attached hereto).
John Skogman, 12867 85t St, opposed due to noise and dust. He stated that he felt
Randy Pouliot had threatened a resident in hallway at the last meeting and wanted that
on record (see copy attached hereto).
Betty Benson, 8970 Mason Ave, read a letter from Denny MacAlpine dated February
2008, well driller and resident, opposes due to potential impacts to area wells (see copy
attached hereto).
Beatrice Bastyr, 12153 87th St, opposes due to dust, wells, noise and said that there
should be a tree buffer. Mr. and Mrs. Bastyr grow trees for sale on their property on
which the use would have a negative impact.
Tom Carter, 9466 Nashua Ave, after seeing the report on borings, there is not much
gravel on the site. Is rock going to be brought in?
Nancy Anderson, 9031 Mason Ave, said this application shouldn't be considered there is
a shortage of rock on this site. Mason Avenue has flooded in the past. She stated that
they had trouble this summer with truck traffic on Mason. She said that this site is the
only mining permit that is located in the middle of homes. The other ones are all
located near a busy road.
Jeremy Greenhouse, Greenhouse & Gram, attorney on behalf of Otsego Community
Awareness Association, presented two letters with lists of comments on the EAW ,and
application (see copy attached hereto). They feel the permit should be denied or that
an Environmental Impact Statement should be done. In the EAW emissions from trucks
themselves should be listed.
City Administrator Mike Robertson reminded everyone that under State Law the City has
to consider any applications it receives.
Commissioner Fallon said that she would like to hear answers to the questions asked.
Dan Licht stated that they would like time to review the comments presented and
provide responses at the next Planning Commission meeting.
Commissioner Thelen asked what the agreement is with the School.
Mr. Robertson said there is not an agreement between Eagle Trucking and the School
District. Mr. Frattalone said that he lives next to a mining operation that is not his and it
doesn't have an impact. Mr. Frattalone said that they plan on crushing if they find rock.
The site is mostly sand. He said that a sweeper and water truck will be there at all
times. They will try to avoid creating problems the best they can.
Mr. Belair said that Eagle Trucking had a verbal agreement with the School District last
spring. He will be meeting with the School District officials this week.
Commissioner Thelen said that he has concern with the amount of truck traffic.
Vice Chair Black asked for any additional comments from the public.
Planning Commission Meeting February 4, 2008. Page 4.
Debbie Carron, 12860 83" St, opposed to because of noise, dust and traffic. She stated
that a few years back a feedlot was requested and denied and that commission listened
to neighbors concerns.
Ms.Wold, restated that she is concerned with dust, health issues and trucks turning
onto County Road 37 from MacIver Avenue.
Cindy Curtis, 12108 65th St, opposes due to dust, traffic and speeds are already too
high on MacIver Avenue.
Ben Bastyr, would most of the gravel would be used within Otsego?
Butch Belair said yes most of the sand would be used within the surrounding area.
Mr. Bastyr said that on County Road 37 there is no traffic light or turn lane on the
overpass and that should be considered as trucks would back up traffic waiting to turn
left.
Tom Carter, Are there projects in the area that are going to use the material from the
site.
Tom Berning, 11848 88th St, stated that he was concerned about the location of the
overland haul road on the ISD 728 property effecting area drainage patterns.
Melora Kopp, will there be gravel crushing on site?
Ben Bastry, question to eagle on grading, the 5 to 1 finish grade. Will they be back
filling to accomplish that? Time frame?
Butch of Eagle Trucking said no, the finish grade will be established as part of the
excavation process.
Hearing no further comments, Vice Chair Black closed Public Hearing at 9:38 PM.
Mr. Licht said that City Staff would like time to prepare report to the Planning
Commission on the testimony given and recommended tabling the applications to the
Planning Commission Meeting on February 19, 2008.
Commissioner Thompson motioned to table until next meeting. Seconded by
Commissioner Hackman. Motion passed 4-1 Commissioner Thelen opposed.
Commissioner Thelen motioned to remove the issue from the table.
Seconded by Commissioner Fallon. All in favor. Motion carried.
Commissioner Thelen said that would like to hear Planning Commission discussion of
their issues and concerns. Mr. Robertson said that since there is no agreement with the
School District for access across their property, the application can't forward until then.
Commissioner Fallon asked applicant about the timing for each phase. Mr. Belair said
that the market is what determines the timing of each phrase. Commissioner Fallon
asked about projects in the area that would use material. Mr. Belair said that he has
been in contact with several projects in the west sewer district area.
Commissioner Thelen asked if the traffic generation figure of 184 is an average that
could be more or less. Mr. Belair responded that the 184 trips estimate is an average.
Commissioner Thompson motioned to table until February 19, 2008 Planning
Commission Meeting. Seconded by Commissioner Hackman. All in favor.
Motion carried.
Planning Commission Meeting February 4, 2008. Page S.
4. Any other Planning Commission Business.
4.1. Update on City Council actions by Councilmember Heidner.
CM Heidner updated the Commission on Council actions.
4.2. Update on future Planning Commission Agenda Items bx
Judy Hudson,
Mrs. Hudson updated the Commission on future agenda items.
4.3. Election of 2008 Officers.
This item is delayed until the next meeting on February 19, 2008.
5. Adjournment by 10:00 PM.
Commissioner Fallon motioned to adjourn at 10:01 PM. Seconded by
Commissioner Thompson.
Pam Black, Vice Chair
Attest:
Judy Hudson, City Clerk/Zoning Admin.
Recorded by: Tami Loff, Deputy Clerk