06-05-96 PCCITY OF OTSEGO
PLANNING COMMISSION MEETING OF JUNE 5, 1996
8 P
OTSEGO CITY HALL
1. Chair Swenson will call meeting to order*
Chair Swenson called the June 5, 1996 Planning Commission Meeting to order at 8 PM.
ROLL CALL:
Commissioners Present: Carl Swenson, Chair, Ing Roskaft, Richard Nichols, Bruce Rask,
Eugene Goenner, Arleen Nagel, Jim Kolles arrived late.
Council Representative, Larry Fournier.
Staff: Bob Kirmis, Assistant Planner, Larry Koshak, City Engineer., Elaine Beatty, City
Clerk/Zoning Adm., Carol A. Olson, Secretary.
Norman F. Freske, Mayor,Vern Heidner, Suzanne Ackerman Councilmembers.
2. Consideration of the Planning Commission Minutes of -
May 15, 1996 Planning Commission Meeting Minutes:
Bruce Rask motioned to approve Minutes of May 15, 1996. Ing Roskaft seconded.
All in favor. Motion carried.
I Continue Hearing from 5/15196 (Proposed Feedlot Ordinance:)
Chair Swenson - Last meeting the commission had a consensus on some changes. Staff
was requested to incorporate those changes to the feedlot ordinance to bring back to this
meeting. Two changes were omitted inadvertently, on Pg. 8, 20-38-2 change permitted
to allowed, and change minimum to applicable. Other than that, this represents the
modified feedlot ordinance.
Chair Swenson - asked for a motion to present the revised feedlot ordinance to City
Council for their consideration.
Ing Roskaft motioned to present revised feedlot ordinance to City Council for
consideration. Richard Nichols seconded.
Discussion between the motion and the actual vote:
Eugene Goenner - There are two things I thought were omitted from the ordinance. One
was the definition of feedlot as regarding boundaries, where continuously joined properties
are still considered existing. Mr. Kirmis - Memo Pg. 3 Item # 10, regarding imaginary
boundary. We did not change that. Mr. MacArthur and I discussed that in terms of new
or existing Feedlots, non -conforming situation under setbacks. We did remove Feedlot -
Lot definition, at the Council direction.
Eugene Goenner - Secondly Animal Unit definition is the same as MPCA now, but we
talked about small to large cattle. Richard Nichols - MPCA uses 1,000 lbs. divided by
actual animal weight.
PLANNING COMMISSION MEETING OF JUNE 5, 1996 cont'd Page 2
Mr. MacArthur suggests using animal unit definition with the average weight divided into
1,000 lbs. for animals not listed.
Mr. Kirmis - Attorney recommended using MPCA definition.
Carl Swenson suggested a bye since the proposed feedlot ordinance will be coming back
to the Planning Commission. Eugene Goenner - satisfied with that as long as it gets
clarified before it is final.
Richard Nichols - This is on Pg.3 of the May 15, minutes for referral later. Also Mr.
Kirmis, am I to understand Mr. MacArthur is recommending going with MN rules.
Mr. Kirmis - Yes.
Chair Swenson - We have a motion by Ing Roskaft to present proposed feedlot
ordinance to City Council for consideration. Second by Richard Nichols. All in
favor. Motioned carried.
Elaine Beatty - Meeting date will be set at the June 10, 1996 City Council meeting.
4.Hearing for William J_and Maureen K Alden, 6263 Quale Ave. NE,
Lot 2, Block 1, Christian Acres, PID#118-014-001020.
Elaine Beatty - All publications and postings have been made.
Mr. Kirmis read planning report dated May 13, 1996. Request is for a CUP to allow for
an expansion of their legally non -conforming single family residence wishing to construct a
860 sq. ft. garage. Applicants fail to meet 35 foot setback from Quale Ave. ROW and 30
foot bluff line setback requirement. The property only has a setback of 14 feet from the
ROW, 76 ft. from the centerline. Item C shows pavement is not centered. Intent is to
construct garage. The bluff line limits building areas on this property. Drain tile repair is
needed. No parking of vehicles within the ROW would be a condition. Staff
recommendation is to approve request with the ten (10) conditions listed in NAC report.
Chair Swenson asked Larry Koshak to comment.
Larry Koshak - read from report from Hakanson Anderson Assoc., Inc. dated May 22,
1996. Regarding drain tile, tile is broken causing sink holes and some problems. This is a
private drain tile, owners should solve any problems. The City would not take easement
over any portion of the draintile. City would not relocate the road, but relocate ROW to
accommodate the road. The road is to remain a residential type street and not a collector
street. We do recommend applicant provide a site drawing to locate items on the property
for matter of record to the City.
William Alden 6263 Quale Ave. - I like L shaped driveway idea, but footings would
interfere with draintile.
Larry Koshak - only condition was if the road was moved over. Mr. Kirmis - The L
shaped driveway was recommended because of not allowing vehicle parking in ROW.
Larry Koshak - we don't know where the drainfield is, when we get an accurate drawing
of the site, we will revue the proposal and take up recommendations of planner.
PLANNING COMMISSION MEETING OF JUNE 5, 1996 cont'd Page 3
Chair Swenson - we have received a note from Jeff and Laverne Christian, and they are in
favor of requested action. Does anyone wish to be heard regarding this. No one
Eugene Goenner - Item 10 regarding draintile, could an easement be granted to the owner
of the draintile (at the head of it) instead of the City. Regarding a dispute, the owners
would take the responsibility.
Larry Koshak - Staff recommends that the tile situation be a private matter between
individuals involved.
Eugene Goenner moved to approve CUP with all eight (8) conditions including
easement being granted to property owner at head of tile. Seconded by Richard
Nichols.
Discussion between motion and actual vote:
Bruce Rask - questioned requirement by the City to give an easement. Don't want it to be
a loop hole. Good Idea, but I don't think it should be a requirement by the City.
Ing Roskaft - questioned the condition of the tile. We've had this problem thoughout the
City.
Larry Fournier - stated that the landowners have pretty much resolved these issues
amongst themselves.
Eugene Goenner motioned to amend motion for landowners to offer an easement
instead of grant. Richard Nichols seconded motion to amend. All in favor. Motion
carried.
Chair Swenson called for a vote to accept motion as amended. Motion carried with
Ing Roskaft opposed.
Elaine Beatty - Alden CUP request will be on City Council Meeting, Monday June 10, at
6:30 PM.
Chair Swenson closed the hearing.
5. Hearing for S M Hentges & Sons,In_(Martin J Timmins), owner of the
property is Elk River/Rogers VFW, PID#118-500-263201, re: Mining Permit.
Elaine Beatty - proper publications and postings have been made.
Chair Swenson - It is an A-1 zone.
PLANNING COMMISSION MEETING OF JUNE 5, 1996 cont'd Page 4
PLANNING COMMISSION MEETING OF JUNE 5,19% cont'd Page 4
Larry Koshak - VFW intends to mine 200,000 yards of material from this property. They
intend to take out approximately 100,000 yards 1996-1997 and the remainder 1997-1998.
The permit is asked for for two (2) years. Purpose is for construction of Hwy 101. The
excavation is for the mutual benefit of the Hwy 101 project and Elk River -Rogers VFW.
The area will be excavated with scrapers and material will be hauled to required location.
The haul route is within Hwy 101 ROW. There will be no material hauled over City,
County or State Roadways. There are no plans for a crusher or screening. It is strictly a
granular material. Plans have been done showing final contours matching the Hwy101
proposal being constructed now. Currently site is zoned A-1, Otsego Comp. Plan predicts
the area for low density residential land use. Access is off 72nd Street which will have a
cul -du -sac after construction of Hwyl0l. In the future access will be off Quale on
Co.Rd.42 or off Co.Rd. 37.
Property does show two zones, mining activities will only occur on A-1 zoning. Drainage
is adequate and erosion control and recommend approval with 12 conditions. Larry
Koshak read the 12 conditions on page? of Hakanson Anderson report dated
May 22,1996.
Chair Swenson asked if the applicant wished to comment.
Martin Timmins, employee of
S M Hentgens & Sons, Inc.
P.O. Box 69
Jorden, MN - Would like to correct a portion of the narrative that says all the material will
be hauled with scrapers. That isn't true. There will be a portion that has to go south of
the bridge and the Crow River. We can not cross there with scrapers so that portion will
be trucked on the Hwy101 corridor. Earl Greer called saying they have a hill to get rid of
and we need the sand and I told him if we could do it in conjunction with the Hwyl01
project we could do it at no cost to the VFW.
Earl Greer - This will be quite an improvement to the property. This would be a way to
get the hill cut down without a lot of costs.
Jay Rubash,
John Oliver & Assoc. Inc.
580 Dodge Ave.
Elk River, MN - We have worked on the plans and show the land split. We have brought
the rough draft of the right of entry and prepared rough graph and awaiting Mr. Greer's
signature on wetland form.
Ralph Donais
Elk River VFW - regarding $23,000 Bond, does VFW need to get that.
Larry Koshak - The applicant is obligated to do that.
PLANNING COMMISSION MEETING OF JUNE 5, 1996 cont'd Page 5
Chair Swenson - asked for any further questions.
Ing Roskaft -what is the NPDES Larry Koshak - National Polution Discharge Elimination
Standard Permit. Must be obtained through the state.
Larry Fournier - Is the amount 200,000 cubic yards over a two (2) year period.
Larry Koshak - Yes, first assumption is 100,000 the first year 65,000 the second year.
A const. project of this size could need more it could be less. There is some fluctuation.
They have to do a final topo. The City does receive five (5) cents per cubic yard.
Clair Swenson closed the hearing.
Ing Roskaft motioned to grant request for mining on VFW property according to
conditions byHakanson Anderson. Seconded by Arleen Nagel. All in favor. Motion
carried unanimously.
Elaine Beatty - June 19, 1996 date for next Planning Commission Meeting.
Ing Roskaft motion to adjourn. Bruce Rask seconded. All in favor. Motion
carried,
7. Adjourn•
Meeting adjourned at 9:00 PM.
sto
Recorded by: Carol A. Olson