OFFICIAL MINUTES PLANNING AND ZONING COMMISSION MEETING October 7, 2015 St. Michael Council Chambers PRESENT: Chairperson Tom Hamilton, Commission

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1 OFFICIAL MINUTES PLANNING AND ZONING COMMISSION MEETING October 7, 2015 St. Michael Council Chambers 7:00 p.m. PRESENT: Chairperson Tom Hamilton, Commission Members David Dayon, Joe Eull, Eric Hamilton, Kyle Hartnett, Brian Mielke, and Keith Wettschreck. Also present were Community Development Director Marc Weigle and City Clerk Diana Berning. Council Representative Chris Schumm was excused. Chair T. Hamilton called the meeting to order at 7:00 p.m., declaring a quorum present. The pledge of allegiance was said. Set Agenda. The first item under Discussion (item 12A) was tabled until the November meeting. Commissioners E. Hamilton/Eull moved to set the agenda as amended. Consent Agenda. Commissioners E. Hamilton/Eull moved to approve the consent agenda minutes of September 2, 2015 Planning Commission Meeting. Public Hearing Interim Use Permit 5 Year Mining Extension for Havel Gravel; Applicant: Dennis Havel. Chair T. Hamilton opened the public hearing to consider a 5-year Interim Use Permit extension for Havel Gravel (PID # ). Community Development Director Weigle noted this request is the third renewal of the IUP. He reviewed the location and stated there are other gravel operations in the area as well. No public comments were received regarding the extension. T. Hamilton opened the hearing for public comment at 7:04 p.m. There being none, Commissioners Eull/Mielke moved to close the public hearing at 7:05 p.m. Commissioners Wettschreck/Mielke moved to recommend approval to the City Council a request to renew the Interim Use Permit at th Street NE for Mining until September 30, 2020, with the following conditions: 1. Applicant shall enter into an Interim Use Permit (IUP) Agreement with the City; 2. The mining operation shall remain in compliance with of the City s Ordinance at all times; 3. A $3,000 escrow and security shall be maintained at all times and shall be released after final review by the City Engineer; 4. The grading and erosion control measures shall be reviewed and approved by the City Engineer; 5. The Applicant shall pay the required County Gravel Tax fee during operation of the IUP; 6. Applicant shall maintain dust control on all haul roads and stockpiles in a manner acceptable to the City Engineer; 7. The operation shall maintain a 30-foot setback from all perimeter property lines. In addition, all processing shall be conducted no closer than 100 feet to the property line and no closer than 500 feet to any residential structure located prior to commencement of processing operations; 8. Noise shall be within the limits set by MPCA and EPA; 9. Hours of operation shall be between 7:00 a.m. and 7:00 p.m., weekdays and Saturdays from 7:00 a.m. to 1:00 p.m., unless an exception is granted by the City Engineer for specific date(s); 10. Applicant shall file an insurance policy consistent with (F); 11. The plans are subject to the review and approval of the City Engineer; 12. Stockpiles may not exceed 22 feet in height and may only be of material originally from the site itself; 13. Topsoil shall be retained on site and used for restoration of the mining area; and

2 14. All city, county, state and federal regulations are adhered to. Page 2 Planning & Zoning Public Hearing Preliminary & Final Plat, PUD Plan, and Site Plan for a Daycare Center at 4123 Oakwood Parkway; Applicant: S&S Real Estate Properties. Chair T. Hamilton opened the public hearing to consider a Preliminary & Final Plat and PUD Plan for Spaude Addition and a Site Plan for a 14,117 square foot day care center at 4123 Oakwood Parkway NE (PID # ). Weigle reviewed the location and explained there are currently three parcels that would be included in the development, with the potential for a fourth parcel of excess MnDOT property to be included in the future. He went over the proposed access for the property and stated the PUD would allow a shared private drive aisle through the development and shared parking if needed. He also noted the park dedication fee and infrastructure fee would be decreased from the amount stated in the memo due to less area being developed. The Commission reviewed the proposed site plans for the building. Weigle recommended two additional conditions be added to the approval for the Final Plat. He also stated MnDOT received a copy of the plans for the day care center, but that no comments have been received. Mielke asked about the access for the one acre parcel from MnDOT that could be included with the development in the future. It was noted the property would use the shared private drive isle. T. Hamilton opened the hearing for public comment at 7:13 p.m. There being no comments, Commissioners Dayon/E. Hamilton moved to close the public hearing at 7:13 p.m. Commissioners Dayon/Wettschreck moved to recommend to the City Council approval of Spaude Addition Preliminary Plat/PUD Plan and Final Plat with the following conditions: 1. Developer shall provide, for review by the City Attorney, a title commitment establishing that Developer has marketable title to the Subdivision. 2. Applicant enters into a Development Agreement with the City. 3. A Park dedication fee of $2, is paid at the time of recording the Subdivision final plat. 4. An Infrastructure Trunk Fee of $30, is paid at the time of recording the Subdivision final plat. 5. Pro rata portion of all current and unpaid assessments and taxes are paid for Lot 1 at the time of recording the plat, with any residual amounts respread to Outlot A of the Subdivision. 6. A private road and utility easement shall be recorded over the common drive aisle for the benefit of Outlot A of the Subdivision. 7. At such time that Outlot A of the Subdivision is replatted into a buildable lot(s) all the owners of the land within the Subdivision shall enter into a written agreement, which agreement shall be recorded, setting forth each party s responsibilities for the ongoing use and maintenance of the private streets and utilities within the Subdivision. Commissioners Dayon/Wettschreck moved to recommend to the City Council Site Plan approval for the construction of a 14,117 square foot day care center facility consistent with the following drawing and plans, - Civil Site Drawings, including Site Plan, Grading Plan, Utility Plan, Erosion Control Plan, and Landscape Plan by Civil Engineering Site Design revised 8/31/15 - PUD and Preliminary Plat Plan by Civil Engineering Site Design revised 9/30/15 - Elevation and Floor Plans by by Michael J Thomas Architect signed 8/04/15 And subject to the following conditions:

3 Page 3 Planning & Zoning Applicant enters into a Site Plan Agreement with the City; 2. Grading, Drainage, Utility and Storm Water Plans must be approved in writing by the City Engineer. Public Hearing Preliminary & Final Plat for Welter Estates Fifth Addition; Applicant: Lois Welter. Chair T. Hamilton opened the public hearing to consider a Preliminary and Final Plat for Welter Estates Fifth Addition. Weigle explained the subdivision would separate the existing home located at 398 Main Street North from the 11 non-contiguous acres east of 4 th Street NE. Those 11 acres would be platted into an outlot, since there is no road access or water and sewer available for the property at this time. Weigle reviewed the topography of the 11 acre parcel, noting a ditch that runs through it and a wetland area. The current owner is not proposing to develop the property at this time, but would like to separate it from the existing home. There was brief discussion about access to the 11 acre parcel from 4 th Street; however it is unlikely it would come from 4 th Street due to the grades and location of the ditch and wetlands. T. Hamilton opened the hearing for public comment at 7:23 p.m. Aimee Herbes th Street NE. She said she was present mostly to understand what was being proposed and she appreciated the comments about the grading near 4 th Street and agreed that it would not make sense for the access to come from 4 th Street. There being no additional public comments, Commissioners Eull/E. Hamilton moved to close the public hearing at 7:24 p.m. Commissioners Mielke/Wettschreck moved to recommend to the City Council approval for a Preliminary Plat and Final Plat for Welter Estates Fifth Addition that would allow for the platting of a single-family lot on the property currently located at 398 Main Street N and an outlot lying east of 4 th Street NE with the following conditions: 1. The Preliminary/Final Plats are approved by the City Council. 2. Applicant enters into a Development Agreement with the City. 3. Wright County Transportation department shall review and approve right-of-way needs along County Road All current and unpaid assessments and taxes are paid. Ordinance Amendment Request to allow Community Solar Gardens; Applicant: SunShare. Chair T. Hamilton opened the meeting to consider an ordinance amendment request to allow Community Solar Gardens in St. Michael. Weigle reviewed the background of the ordinance and the proposed conditions for permitting solar gardens as Interim Uses in the A-1 Zoning District, including: location, size, duration, setbacks, landscaping, utilities, decommissioning, etc. The Commission discussed the proposed ordinance and was generally ok with it as presented. One change discussed was regarding the landscaping around the perimeter. It was concluded landscaping may not be necessary around the entire perimeter where topography, existing vegetation, or other factors provide sufficient screening. The Commission discussed whether solar gardens should be allowed as accessory uses in other districts, with the consensus to only allow them in the A-1 District. There was also discussion about the size and the Commission agreed to limit them to 5mW. Council Members Mielke/Hartnett moved to recommend approval to the City Council of the Ordinance Amendment to allow solar gardens as interim uses in the A-1 District as discussed, with the change to Condition 8, allowing for some flexibility with the landscaping requirements. All voted aye.

4 Page 4 Planning & Zoning Public Hearing Interim Use Permit for a Community Solar Garden located on 15 th Street NE; Applicant: Saintsun LLC. Chair T. Hamilton opened the public hearing to consider an Interim Use Permit for a Community Solar Garden at the northeast corner of Kadler and 15 th Street NE (PID # ). Weigle explained the differences between the Zoning Map and the Comprehensive Plan, and summarized why the area adjacent to the landfill is being considered for a solar garden. He reviewed the revised plan that was submitted for the solar garden and noted the wetland area and easements. The City has long-range plans to eventually install an outlet for Wilhelm Lake, and staff would recommend requiring a greater easement along 15 th Street for the future outlet project. Weigle provided several pictures of the property, along with a simulation of the proposed look with solar panels. He explained the applicant is simultaneously going through the approval process for Xcel Energy and the City, and did not want to put more resources into detailed plans until the site is approved by Xcel Energy. Therefore, staff recommended not issuing any building or construction permits until the final plans are submitted and approved by the Planning Commission and City Council. Weigle also commented on the proposed letter of credit for the decommissioning. The applicant is proposing to submit a letter of credit after 10 years that would cover 20% of the costs, with the amount increasing each year up to 100% by 20 years. Chuck Beisner, with Sun Share, explained the process with Xcel. He said approval is needed from the City before the project can keep moving through the approval process for Xcel. He answered other questions and reviewed a rough timeline. He would expect the approvals from Xcel to be completed by the end of the year and would then submit detailed/final plans to the City which could be approved in the beginning of 2016 for construction to begin spring of T. Hamilton opened the hearing for public comment at 8:29 p.m. Theresa Barthel Treptau 1271 Janett Avenue NE. She said she is the co-owner of the Barthel farms and has five siblings along Janett Avenue and Kadler Avenue. She had a list of questions, which were provided to the Commission. She specifically asked how the solar garden will impact the water quality and she asked about any potential radiation from the solar panels. She said the homeowners out there are already dealing with the landfill site and they do not need something else that would decrease the value of their land. She said the family intends to eventually sell the farm and this solar garden will have a negative effect on the land values. Ken Daluge 1599 Kadler Ave NE. He said he lives directly across from this property and is going to be looking at solar panels the rest of his life. He commented that taller trees should be required to block the view of the panels. James Oliver 1130 Janett Avenue. He asked what the advantage is for the city for this solar garden besides the drainage for Wilhelm Lake. There being no additional comments, Commissioners E. Hamilton/Hartnett moved to close the public hearing at 8:35 p.m. Beisner addressed several of the comments. He said the water quality should actually improve since they will install a pollinator friendly ground cover under the panels. He was not aware of the concern of radiation; he said everything they do is trying to absorb the energy. The landscaping will be consistent with the City s requirements and recommendations. The chain link fence will be vinyl coated. If the solar farm is not approved by Xcel, the IUP would be voided. There was discussion about the connection and required underground utilities. The Commission also discussed a change to condition #3 for the IUP approval, which would be changed to say a building or construction permit would not be issued until the Planning Commission and City Council review and approve final plans by April 15, It was also recommended to

5 Page 5 Planning & Zoning require landscaping along the east side of the proposed solar garden, since that could eventually be residential. Weigle answered questions about the decommissioning requirement and the letter of credit. There was additional discussion about the city s ability to enforce the IUP and require that all conditions are complied with. Commissioners Hartnett/Mielke moved to recommend approval to the City Council for an Interim Use Permit for SaintSun LLC to construct and operate a Community Solar Garden consistent with Ordinance 1507 and with the following conditions: 1. SunSaint, LLC shall enter into a written Interim Use Permit Agreement ( Agreement ) with City to be recorded at Wright County; 2. SunSaint, LLC shall provide for review by the City Attorney a title commitment establishing marketable title to the Property. 3. Applicant must receive Planning Commission and City Council approval, no later than April 15, 2016, of the following plans to be revised or submitted, prior to commencement of any construction or site activity: a. A revised Site Plan showing: i. Road, drainage and utility easements dedicated as required in the following condition #5 ii. Required setbacks from the new road easement lines iii. Location of existing and proposed electric utility transmission lines, with all new transmission lines constructed underground at Applicant s cost b. A detailed landscape plan consistent with City Ordinance Section , including location, type and size of planting materials; c. A grading, drainage, and erosion control plan consistent with City Code and Engineering Guidelines. 4. Applicant shall acknowledge in the Agreement a complete understanding of the City s Ordinance and Code requirements related to the engineering and landscape requirements. 5. Applicant shall dedicate, concurrently with recording the Agreement, road and drainage/utility easements as previously described. 6. The applicant s proposed decommissioning plan shall be incorporated into the Agreement and include language allowing the City to assess any enforcement or removal costs against the property, and be consistent with the City s Performance Security and Escrow Policy. 7. A minimum tax payment shall be calculated and incorporated into the Agreement consistent with Minnesota Statutes Section , Subdivision 24 and present local values. 8. Applicant shall enter into a waiver of assessment agreement such that if a public improvement project is constructed adjacent to the interim use according to Minnesota Statutes Chapter 429, the City shall have the right to assess said costs regardless of the benefit to the property owner or the interim use. 9. All wetland delineations shall be approved by the Technical Evaluation Panel and any wetland impacts avoided or allowed according to Wetland Conservation Act and its processes. Eull, E. Hamilton, T. Hamilton, Harnett, Mielke, and Wettschreck voted aye. Dayon voted nay. Motion passed 6-1. Public Hearing Interim Use Permit for a Community Solar Garden located on County Road 119; Applicant: Saintsun LLC. Chair T. Hamilton opened the public hearing to consider an Interim Use Permit for a Community Solar Garden at the southwest corner of County Road 119 and Iffert Avenue NE (PID # ). The Commission was provided with a copy of a written comment received. Weigle reviewed the location and said the applicant is proposing to purchase the south 40 acres and lease the area on the north. He showed the easements included on this property and said there is already sufficient landscaping on the south and west sides of the proposed solar

6 Page 6 Planning & Zoning garden. He also said staff recommends a trail corridor on the north side of the ditch that is in the southeast corner of the site. The Commission reviewed pictures of the site and were provided with an updated site plan for the solar garden. It was noted a subdivision request is included as part of the solar garden and the current property owner is requesting the entitlement be moved to the north ¼ section, with the south ¼ section deed restricted. T. Hamilton opened the hearing for public comment at 9:23 p.m. Peder Torp th Street NE. He said he would like to see landscaping required on the north side of the solar garden to provide a buffer. He also asked about the utility easement that is needed adjacent to his property and Weigle said the utilities would have to be installed underground by ordinance and would be deep enough the land would still be tillable. The Commission asked about the likelihood that both sites will be approved by Xcel and Beisner said it is very likely since they are both on different substations. This property is not serviced by 3-phase power, so there would need to be upgrades in the area. There being no additional comments, Commissioners E. Hamilton/Eull moved to close the public hearing at 9:25 p.m. Commissioners Wettschreck/Hartnett moved to recommend approval to the City Council to Subdivide at the ¼ section line, with the following conditions: 1. A survey and legal descriptions are reviewed and approved by staff; 2. A deed restriction shall be recorded against the SE ¼ of the SW ¼, Section 9, Township 120, Range 24. The deed restriction shall be recorded with Wright County at the expense of the Applicant. A copy of the recording document shall be submitted to the City for its records. Commissioners Wettschreck/Hartnett moved to recommend approval to the City Council to transfer a building entitlement from the SE ¼ of the SW ¼, Section 9, Township 120, Range 24 to the NE ¼ of the SW ¼ of the same parcel. Commissioners Wettschreck/Hartnett moved to recommend approval to the City Council for an Interim Use Permit for Wright Sun, LLC to construct and operate a Community Solar Garden consistent with Ordinance 1507 and with the following conditions: 1. A written Interim Use Permit Agreement ( Agreement ) with City shall be entered into by each property owner and recorded at Wright County; 2. Each property owner shall provide for review by the City Attorney a title commitment establishing marketable title to the Property. 3. Applicant must receive Planning Commission and City Council approval, no later than April 15, 2016, of the following plans to be revised or submitted, prior to commencement of any construction or site activity: a. A revised Site Plan showing: i. Road, drainage and utility easements dedicated as required in the following condition #5 ii. Required setbacks from the new road easement lines iii. Location of existing and proposed electric utility transmission lines, with all new transmission lines constructed underground at Applicant s cost b. A detailed landscape plan consistent with City Ordinance Section , including location, type and size of planting materials; c. A grading, drainage, and erosion control plan consistent with City Code and Engineering Guidelines.

7 Page 7 Planning & Zoning Applicant shall acknowledge in the Agreement a complete understanding of the City s Ordinance and Code requirements related to the engineering and landscape requirements. 5. Owners shall dedicate, concurrently with recording the Agreement, road and drainage/utility easements as previously described. 6. The applicant s proposed decommissioning plan shall be incorporated into the Agreement and include language allowing the City to assess any enforcement or removal costs against the properties, and be consistent with the City s Performance Security and Escrow Policy. 7. A minimum tax payment shall be calculated and incorporated into the Agreement consistent with Minnesota Statutes Section , Subdivision 24 and present local values. 8. Owners shall enter into a waiver of assessment agreement such that if a public improvement project is constructed adjacent to the interim use according to Minnesota Statutes Chapter 429, the City shall have the right to assess said costs regardless of the benefit to the property owner or the interim use. 9. All wetland delineations shall be approved by the Technical Evaluation Panel and any wetland impacts avoided or allowed according to Wetland Conservation Act and its processes. Eull, E. Hamilton, T. Hamilton, Harnett, Mielke, and Wettschreck voted aye. Dayon voted nay. Motion passed 6-1. Discussion Items. Consider Comprehensive Plan Amendment to Greenway/Trail Plan. Tabled to November meeting. Temporary Sign Ordinance. The Commission was provided with a table comparing temporary sign ordinances of 20 cities with comparable populations. St. Michael is fairly consistent with what other cities allow and a lot of them actually allow less days per year for temporary signs. Some cities with more downtown areas allow businesses to have sandwich boards on the sidewalks. The consensus of the Commission was to recommend no changes to the temporary sign ordinance at this time. Kwik Trip Compressed Air for Trucks. Kwik Trip recently inquired about installing a compressed air station for trucks on its site. There was a concern about the amount of truck traffic on the property and already difficult circulation sometimes due to the stacking of trucks on site. The Commission suggested installing it with the pumps, but not as a separate item in a different location. A Tool Shed Missed Deadline. Weigle informed the Commission A Tool Shed missed it s deadline for various site improvements that were supposed to be completed this year. There is an escrow on file, but not enough to cover all the work. Staff will look into options with the City Attorney and will discuss with the Council. A-1 District Storage Businesses. It was commented that there are a number of large accessory buildings throughout the City that advertise winter storage and Weigle asked if staff should work on an ordinance amendment to clarify the type of storage allowed. The Commission discussed the storage and agreed winter or long term storage is less of an issue, but if the building were rented out to a landscape company or other type of use that would create regular traffic and noise to the property, it could become a problem. Staff will research if other cities have ordinances related to long term storage. Commissioners Wettschreck/E. Hamilton moved to adjourn at 10:00 p.m. Diana Berning, City Clerk