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04-16-97 PCCITY OF OTSEGO PLANNING COMMISSION MEETING APRIL 16, 1997 8:00 PM 1 Chair Carl Swenson will call meeting to order: Chair Swenson called the Planning Commission Meeting to order at 8:00 PM. ROLL CALL: Chair; Carl Swenson, Commissioners; Ing Roskaft, Arleen Nagel, Richard Nichols, Eugene Goenner, Jim Kolles. Bruce Rask and Bill Jones excused absence Council Representative; Vern Heidner Staff: Bob Kirmis, City Planner; Elaine Beatty, City Clerk/Zoning Administrator; Carol Olson, Secretary 1 Consideration of the Planning Commission Minutes of April 2, 1997: Arleen Nagel under item 2, the motion should be seconded by Ing Roskaft. Ing Roskaft motioned to approve Planning Commission minutes of April 2, 1997 with correction. Seconded by Eugene Goenner. All in favor. Motion carried. 3. Review draft amendment of one per forty transfer of property rights clustered (Decide if Hearing to be held If so, set date A Hearing) .ont'd: Mr. Kirmis - At the last Planning Commission meeting NAC was directed to provide some alternative means of regulating 1 per 40 density transfers. The objective is to allow the city a greater ability to deny a conditional use permit request where an obvious compatibility concern exists. In NAC's report dated April 9, 1997 there are four options. Option A: Application of Reverse Feedlot Setbacks. Where compatibility is an issue between two uses, various feedlot setbacks could be imposed. Option B: Contiguous Forties. With this option the Zoning Ordinance could be amended to stipulate that residential lots within a cluster must be transferred from a contiguous parcel. Option C: Productive Agricultural Land Demonstration. The City could have additional yield information requirements. Option D: Minimum Separation Requirement. The Ordinance could be expanded to establish a minimum separation requirement. All the options have advantages and disadvantages. Of the four options NAC feels Option A. The Application of Reverse Feedlot Setbacks, best addresses the issue of compatibility between residential single family dwelling units and animal agriculture. Chair Swenson asked the Planning Commission for comments or questions. Eugene Goenner - Asked if, under option D, a road running through a parcel would be contiguous or not. Mr. Kirmis answered not contiguous. Richard Nichols - Under option D. Minimum Separation Requirements, this wouldn't prohibit a cluster every 1000 feet on the same side of the road. Mr. Kirmis - The original intent was the intersection situation, but it could address the same side of the road. PLANNING COMMISSION MEETING of April 16, 1997 cont'd Page 2 Richard Nichols - Referring to the letter from Radzwill & Couri dated April 8, 1997, it appears they favor going back to a cap on clusters or setbacks. I would be more in favor of a cap or not allowing transfers where there are no public road frontages. Arleen Nagel - I agree with Richard, and these options don't cover what I was thinking either. Chair Swenson - Seems that this Commission had a hard time with the Barthel transfer request. Consensus being that it was not in the best interest of the city, therefore recommended denial. In my view the problem was caused by the lack of a cap. We need to fix the problem now by putting a cap back on. Eugene Goenner - I don't feel it will be a problem any more. Asked Elaine Beatty for information regarding the numbers of 1 per 40's left. Elaine Beatty - There were approximately 47, but a lot of them have been used. Greningers have 8, Goenners 8, Bernings possibly the same. Most others have 3 left. Eugene Goenner - A cap wouldn't be effective because property could be moved into a 4 per 40 zone which would eliminate the need for the cap. Mr. Kirmis - The A-2, 4 per 40 doesn't allow you to transfer developments rights to another tract, as in the A-1 where you can take a development right from different tracts. Eugene Goenner - I am inclined to leave it as it is and deal with it when we get to the Comp. Plan update. We've had hours of discussion and can't come up with the ideal option. I'm not in favor of spending the City's resources to conduct a public hearing because there aren't many left that would be affected. Richard Nichols - Agreed with Eugene Goenner that to stop one or two clusters that may or may not be a problem, is a waste of time. Chair Swenson- The original recommendation put a cap on clustering. I think we should put it back on. Ing Roskaft - Agreed should leave it as is now. Eugene Goenner motioned to send to City Council recommending no change at this time upon their further review or comment. Ing Roskaft seconded. All in favor. Motion carried unanimously. Chair Swenson welcomed all the students attending the meeting. PLANNING COMMISSION MEETING of April 16, 1997 cont'd Page 3 4. Any other Planning Commission Business: Vern Heidner gave an update on the wastewater treatment plant. Bonestroo has completed their report and are sending it over. We are still awaiting information from the City Attorney on the actual trunk study. We haven't heard anything from Elk River as to their potential ability to provide service. It will be difficult to meet the April 28th deadline, but it should be shortly thereafter. Ing Roskaft asked about the well at the school. Vern Heidner -There will be a meeting with the City Council and representatives from the School board before the April 28, City Council meeting at 5:30 PM at Otsego City Hall. The City Engineer still maintains that we built it per the specifications. There have been issues. There are pressure tanks in there and in order to pump correctly the proper pressure must be maintained. We have been monitoring the well on a monthly basis and our records indicate that the school may not be monitoring the pressure in the tanks per specifications. This causes the pump to run more than it should, which can cause sand to be brought up. Our tests, all verified by independent people, show that we meet all the State and Federal requirements. Another issue is that they may have done improper flushing. They maintain that they have spent a significant amount of money, but we have too. 5. Adjourn• Ing Roskaft motioned to adjourn. Arleen Nagel seconded. All in favor. Motion carried. Planning Commission meeting adjourned at 8:35 PM. Kolles, Secretary Recorded by: Carol A. Olson