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06-15-2004 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 15,2004 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Kirchoff at 5:30 p.m. with the following members present: Jim Haugen, Lynn Otteson, Mike Flaata, Farid Currimbhoy and Chairman Kirchoff. Absent: Robert Hantge and Brandon Fraser Also present:: Julie Wischnack, AICP, Planning Director, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated May 18, 2004 Ms. Otteson moved to approve the minutes of May 18, 2004 as submitted. Seconded by Mr. Haugen. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF PETITION TO ANNEX 23.85 ACRES (HAJIECK PROPERTY) SUBMITTED BY FARR DEVELOPMENT Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7201 as published in the Hutchinson Leader on June 3, 2004. Ms. Wischnack commented on the request to annex approximately 24 acres, location of the property and the proposed development. She explained the updated version of the development which could include a student housing and senior housing mix. She commented on the location of the public and private streets. The public streets being Denver and Montreal. Charlie Levis, Farr Development, commented on the modification of the plan to include student housing and the private interior streets. He commented on the campus community which will be completed in three phases. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 5:47 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent Minutes Planning Commission - June 15, 2004 Page 2 agenda at their meeting held June 22, 2004 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LARRY MURPHY TO PLACE A 20' X 8' STORAGE SHED ON PROPERTY LOCATED IN THE C-5 DISTRICT AT 281-3RD AVE N.W. Chairman Kirchoff opened the hearing at 5:50 p.m. with the reading of publication #7202 as published in the Hutchinson Leader on June 3, 2004. Ms. Wischnack explained the property is in the C5 district which requires a Conditional Use Permit. The lot is a single family residential use in the commercial district. She explained the shed is already in place on the lot and commented on the application process by Mr. Murphy. She reported Mr. Murphy has stated he will use the shed for his business next door. The shed will not be impacted by the Hwy 7 project. Sheds do not require a floating slab in the commercial districts. She commented on the conditions as follows: 1. The matter of violating the City Code shall be handled by the City Attorney's office. 2. The building be used, primarily for commercial purposes. Mr. Haugen made a motion to close the hearing. Seconded by Ms.Otteson the hearing closed at 5:54 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held June 22, 2004 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JAY PETTIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR A REDUCTION IN LOT WIDTH FOR CONSTRUCTION OF DUPLEXES ON LOTS 5 AND 6, SANTELMAN'S ADDITION Chairman Kirchoff opened the hearing at 5:55 p.m. with the reading of publication #7203 as published in the Hutchinson Leader on June 3, 2004. Ms. Baumetz commented on the request and explained the property is zoned for multiple family. The planned development district must be amended to allow for a lesser width of lot for a twinhome. There will be a two car garage attached to the building. She commented on the following staff recommendations: 1. Grading must be completed to 6 inches of final grade for electric and natural gas services. 2. Each unit must have separate water service. 3. Parkland dedication is $135.00 per unit to be collected at the time of building permit. 4. Garages must be 400 sq. ft. or larger. Minutes Planning Commission - June 15, 2004 Page 3 Mr. Pettit stated the homes will be 1800 sq. ft. Discussion followed on the grading of all the lots as requested by Utilities. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:00 p.m. Mr.Flaata made a motion to recommend approval of the request with staff recommendations adding to #1 "grading must be approved by the City Engineer before final building permit is issued" and #2 should read separate water and sewer service. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held June 22,2004 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY OUR SAVIOR'S LUTHERAN CHURCH TO ALLOW THE CHURCH TO OPERATE A CHILD CARE FACILITY AT 810 BLUFF ST. N.E. Chairman Kirchoff opened the hearing at 6:02 p.m. with the reading of publication #7204 as published in the Hutchinson Leader on June 3, 2004. Ms. Baumetz explained this item was requested in December for the entire building. The building codes will not allow both levels to be used for day care in this building and the new request is for the upper level only for 14 children. She commented on the following staff recommendations: 1. Compliance with the building and fire code. 2. Additional turning or backing area must be added in the garage/ driveway location. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:05 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Flaata. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held June 22, 2004 in the Council Chambers at 5:30 p.m. e) CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS COMMUNITY OF LAKERIDGE, REZONING FROM R-1 TO R-4 AND PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR CONSTRUCTION OF A 36 UNIT SENIOR HOUSING CONDOMINIUM COMPLEX LOCATED AT 1085 DALE ST SW Chairman Kirchoff opened the hearing at 6:06 p.m. with the reading of publication #7205 as published in the Hutchinson Leader on June 3, 2004. Ms. Wischnack explained the request and the rezoning to multi-family planned development district. She commented on the condominium type of plat stating the final plat is not recorded until the building is constructed. The parcel is approximately 4.5 acres. The developers are comparing this to Green Castle near the hospital. This project is less Minutes Planning Commission - June 15, 2004 Page 4 dense than Green Castle. She stated the open space requirement is 20% and will meet the required 1.07 acres. Parking requirements for senior living is .5 space per unit and the plan does meet the requirement. She explained the fees required for this development and that the tree escrow has not been determined. She commented on the staff recommendations as follows: 1. Amend the site plan to move the retaining wall to the west; which in turn may require the building to move toward Dale Street, to approximately 30 feet of setback. 2. Revise drive on east side to allow turn around spaces. 3. Parking lot and access drives would be paved no later than June 1, 2005. 4. Plantings and bufferings would be planted no later than June 1, 2005. (Final landscape plans must be approved by the City Forester prior to issuance of a building permit.) 5. The stormwater pond vegetation material should be approved by the Parks and Recreation Department. 6. Homeowners association documents must be filed concurrently with the Common Interest Community Plat. 7. Special attention to the northern property line must be given during construction. Grading near that line may not encroach on the other property. 8. All fees shall be paid at the time of building permit issuance. 9. Garage areas must be enclosed. Discussion followed regarding emergency vehicle access. Ms. Wischnack stated the fire hydrant locations are appropriate and the building is fully sprinkled. Stormwater management in the court yard has been addressed. Ms. Wischnack commented on the drainage to the east, the retaining wall and proper screening for the property to the east which are single family lots. She stated there are multiple catch basins in the development. Discussion followed on landscaping and vegetation on the east side of the development. There was also discussion on use of the property to the north. Cheryl Dooley, Hometown Realty, stated the floor plan is the same as Green Castle but the architectural design of the outside is different. The discussion was tabled at 6:20 p.m. until the developer arrives. The hearing reopened at 7:08 p.m. Doug Carlson, Carlson Development, stated the building has been moved to allow for development of the retaining wall on the east. He explained they are working with the City Forester on the landscaping plan. Chairman Kirchoff asked about size of the turnaround and dumpster area being adequate for vehicles to make the turnaround. Doug Goriesky Minutes Planning Commission - June 15, 2004 Page 5 stated it would be tight but a vehicle can turnaround. He stated the garage floors are 6 inches from the finished floor elevation. Mr. Carlson stated the garages are in the building similar to Green Castle. Ms. Wischnack stated Villiage Cooperative is also similar. Mr. Carlson stated the common area of the building will be elevated for looks. There will be 36 units plus 2 guest rooms. He explained there will be 8 one bedroom units and the remaining will be two bedroom. All have patios. Ms. Wischnack stated major concerns have been addressed and she asked the developers to explain the CIC concept. Atty. Scott Johnston, explained a condominium is different than townhouses. The condominium concept is buying air space which is everything within the ceiling, walls and floor. The warranty deed reflects that space. Garages are a separate warranty deed. He explained the association is responsible for maintaining the building. There will be a declaration and bylaws and the owners pay assessments. There will also be a capital improvement fund for future repairs. He stated there will be no patios or gardens allowed in the setback areas and the water retention ponds will be maintained by the association. Doug Carlson explained the building will be heated by hot water heat there will be one water and one gas meter on the building and 37 individual electric meters which will be accessible to the City. Jim Pease, 1065 Dale St., commented on his concerns being surrounded by senior living developments and the resale of his property. He asked if the developer would be constructing a privacy fence along the north side of the property and the treatment of ponds for mosquitoes. Mr. Goriesky stated the trees along the north property line are staying as a buffer and the new landscape plan does show screening to the north. He explained the ponds will be dry pond with no standing water. Mr. Flaata made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 7:20 p.m. Mr.Flaata made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen. Ms. Otteson stated dry ponds should be added to recommendation #5. Mr. Flaata amended his motion to include dry ponds in #5. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held June 22, 2003 in the Council Chambers at 5:30 p.m. f) CONSIDERATION OF VARIANCE REQUESTED BY JEANNINE GEHLEN TO REDUCE CORNER LOT SETBACK FROM 25' TO 15.2' FOR THE CONSTRUCTION OF 24' X 24' GARAGE LOCATED AT 555 GROVE ST. S.W. Minutes Planning Commission - June 15, 2004 Page 6 Chairman Kirchoff opened the hearing at 6:25 p.m. with the reading of publication #7206 as published in the Hutchinson Leader on June 3, 2004. Ms. Baumetz commented on the request noting the hardship of the narrowness of the lot. She commented on the following staff recommendations: 1. The site plan dated March 31, 2004, shall be followed. 2. Finished grading shall not impact neighboring properties or the alley area. 3. The garage shall not exceed 16 feet in height (as measured to the mean of the roof). 4. The building shall not be of pole construction. Discussion followed on the 15 foot driveway to the street. Mr. Haugen stated the garage could go back 4 feet to give more off street parking. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:30 p.m. Ms. Otteson made a motion to recommend approval of the request due to the hardship of the narrow lot with staff recommendations adding a 5th recommendation to move the garage to 6' from the south property line. Seconded by Mr. Haugen The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held June 22, 2003 in the Council Chambers at 5:30 p.m. g) CONSIDERATION Of A 3 LOT PRELIMINARY PLAT TO BE KNOWN AS WELCOME TO OUR HOME SECOND ADDITION, VACATION OF UTILITY AND DRAINAGE EASEMENTS, REZONING FROM R-1 TO R- 4 AND PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR CONSTRUCTION OF A 2 STORY 50 UNIT CATERED LIVING COMMUNITY FOR SENIORS WHICH WILL LINK TO THE OAKS APARTMENTS LOCATED AT THE END OF CLEVELAND AVE S.W. Chairman Kirchoff opened the hearing at 6:33 p.m. with the reading of publication #7207 as published in the Hutchinson Leader on June 3, 2004. Ms. Wischnack commented on the request and the vacation of the platted easement area. She distributed the landscape plan and commented on the link between the buildings. She commented on the previous development and stated the existing utility must be relocated as there are utilities in the area. The development with require rezoning to multiple family and an update of the planned development district. She reported the sewer and water access is from Cleveland Ave. The plan does meet the parking requirements. Stormwater management was intended with The Oaks pond. She stated the concerns of staff is the connectivity of Cleveland Ave. to Dale St. She commented on the fees required and the staff recommendations as follows: Minutes Planning Commission - June 15, 2004 Page 7 1. A reconfiguration of the building location be designed as to circulate traffic in the neighborhood by connecting streets in the area. 2. Provide a landscaping plan prior to review by the City Council. The plan must also be approved by the City Forester and installed no later than June 1, 2005. (Staff has discussed buffering with the applicant.) 3. The parking lot must be paved no later than June 1, 2005 (this will be a late in year construction; therefore anticipation of weather constraints should be considered). 4. Utility line relocation costs would be paid by the applicant. 5. The connection between the buildings must meet all applicable code requirements (fire code, building code, etc.) 6. Garbage dumpsters must be enclosed. 7. The fees would be collected at the time of building permit. Ms. Wischnack commented on a discussion she had with neighboring property owner Don Kostecka 915 Cleveland Ave SW, regarding weeds on the property. She reported he is not against the apartments. Terry Dean, 905 Cleveland Ave. SW, commented on his concens with drainage when the building is constructed. Steve Eichten, 1100 Keith St., commented on the drainage problems he has presently. He asked if this could be corrected which the development of the property. Mr. Dean stated there is already a water problem from the church property and adding more is a concern. He asked if there could be a green space transition from R 1 to R4 and stated there is no guarantee this will always be senior housing. Ms. Wischnack explained there would be more parking required for a change in occupancy. Ms. Otteson asked if the wetland area could be a possible spot for ponding. Ms. Wischnack explained water can not be directed to a wetland. It must go to a secondary pond before meeting the wetland. She stated The Oaks pond is designed to capture the extra runoff. Ms. Otteson asked about screening. Mr. Dean asked the City to address water issues and fix the intake. Ms. Wischnack stated the City will work with the neighborhood. Discussion followed on the screening of the parking lot from the single family lots. Mr. Dean requested the entry and exit of construction equipment not be from Cleveland for the safety of the children in the neighborhood. Joyce Krcil, 1120 Keith St. SW, voiced concerns with the water in the area and the issues with more construction. She stated the elevation was raised when The Oaks was constructed She stated she would like to see a buffer from the Minutes Planning Commission - June 15, 2004 Page 8 single family lots. She commented on concerns with car lights on the road into the single family homes. Mosquitoes are also a concern. Ms. Wischnack stated John Rodeberg is working on some mosquito control for the City. Ms. Krcil stated the weeds have not been mowed and there are thistles ready to bloom. Discussion followed on the drainage issues. Dale Tauer, Welcome to Our Home, stated he will lower the intake and water will run to the South of the building. There are lines running to the pond. He stated they hired a person to mow the lot. Chairman Kirchoff asked if this would be a public street. Mr. Tauer stated they will build the street to specification. Ms. Wischnack stated staff is concerned with the location of the street.proposed. Discussion followed on placement of the building more to the south. Mr. Tauer stated they could build a 3 story building. Ms. Wischnack stated there are multiple options. She explained the road design options to connect one of the two streets. She stated this plan is short sighted. Chairman Kirchoff recommended more meetings with staff. Mr. Tauer stated they are hoping to begin construction this summer. He stated there is another development plan for lot 1. He stated an entrance off Blackhawk Court may work. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 7:05 p.m. Mr. Flaata made a motion to table the request until the July 20, 2004 meeting to deal with the drainage, street and buffering issues. Seconded by Ms. Otteson. The motion carried unanimously. Ms. Wischnack stated a neighborhood meeting will be scheduled before the July 20th meeting. h) CONSIDERATION OF 7 LOT PRELIMINARY PLAT TO BE KNOWN AS KOTTKE'S AND REZONING FROM R-1 TO R-2 PDD SUBMITTED BY BRIAN AND SHARON BURGESS LOCATED AT 1381/1383 JEFFERSON ST. S.E. Chairman Kirchoff opened the hearing at 7:30 p.m. with the reading of publication #7208 as published in the Hutchinson Leader on June 3, 2004. Ms. Wischnack commented on the proposal of a seven lot subdivision to be developed as twinhome lots. She explained it is common to plat and then split the lots. The property is off Jefferson Street and a private street is being planned with a cul-de-sac. They cannot go through because of the topography. The street indicated cannot be platted as an outlot. It Minutes Planning Commission - June 15, 2004 Page 9 must be a platted street. A planned development district is required because of the unusual lot widths. She commented on the wetlands to the east and the lowest floor elevation. Stormwater pond accessibility is an issue for maintenance. She commented on the fees for each lot and the tree escrow for 28 trees. She commented on the staff recommendations as follows: 1. The setbacks for the development shall be 25 feet from the private street, 6 feet on the side, 25 feet in the rear and 50 feet from the ordinary high water mark. 2. Easement areas need to be expanded. 3. Homeowners association documents must be submitted and must indicate the maintenance responsibilities of the retaining wall, driveways, street, open spaces, etc. 4. Change Outlots to easement areas. 5. Address accessibility to the ponding area for future maintenance. 6. A subdivider's agreement must be executed prior to final plat. 7. All fees are due as prescribed in the report. 8. Future divisions for twin homes will be required through a separate process (lot split application). 9. Wetland delineation report must be submitted. Ms. Otteson commented on the possibility of language in the association documents noting the noise and smell across the river. Brian Burgess, property owner, stated they have discussed those issues. Ms. Wischnack stated that will be included in the subdivision agreement to alleviate potential problems. Mr. Flaata mentioned the stormwater ponds and the mosquito problems. Ms. Wischnack stated the City Engineer is working on the problem possibility with the use of pellets. Paul Otto, Otto and Assoc., stated the easement notation can be changed. Mr. Burgess stated accessibility to the ponds could be along the southern property line. Mr. Otto stated there could be a 15 foot easement along the southern property line to permit access to the pond. Ms. Wischnack stated there must be documentation in the agreement so home owners do not plant in the easement. Dennis Boncquet, 1355 Jefferson St., stated he has no problem with the development but had a question on the pond. He questioned the need for a pond with wetlands already on the property. Mr. Otto explained stormwater ponds are required by the State and must retain post development rate to predevelopment rate. A pond will slow down runoff and will contain salt, sand, fertilizer and treat the area. Minutes Planning Commission - June 15, 2004 Page 10 Mr. Boncquet asked if a pond would destroy the wetland. Mr. Otto explained the pond will not impact the wetland. Mr. Flaata made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 7:50 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations adding the 15 foot easement along the south property line and verbage in the agreement regarding the compost facility across the river. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held June 22,2004 in the Council Chambers at 5:30 p.m. i) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY PAUL BETKER TO ALLOW FOR AN ACCESSORY USE WITHOUT A PRIMARY STRUCTURE ON PROPERTY LOCATED AT 849 - 2ND AVE S.W. Chairman Kirchoff opened the hearing at 7:54 p.m. with the reading of publication #7209 as published in the Hutchinson Leader on June 3, 2004. Ms Wischnack commented on the application to repair a dilapidated structure. The potential property owner is requesting to turn the structure to an accessory storage building. She explained the code requires a principal building on a lot or a conditional use permit must be requested. Ms. Wischnack explained the building official has inspected the building and his opinion is the building can be used as an accessory building when repaired. She commented on the following staff recommendations: 1. The shell may be used for a garage structure only. It may not be converted to a home or attached to a home. 2. The applicant must submit specific information about construction, prior to issuance of a building permit. 3. It is anticipated that this conditional use permit would transfer to a new owner. 4. The conditional use permit shall expire 6 months from the date of the resolution, unless an extension is requested. 5. No lakeshore alterations may be made, unless further reviews and approvals are conducted. Ms. Wischnack stated staff has received numerous calls regarding the request from neighboring property owners. Ms. Otteson stated she has received 3 calls on this item. Paul Betker, property owner, explained the existing structure needs a new roof. The building is a hazard and fixing it up will enhance the property. He stated he is not changing the building just fixing it up and the new owner will use it for tool storage. The open foundation will remain as is. Minutes Planning Commission - June 15, 2004 Page 11 Discussion followed on the issue of the unsafe property. Atty. Sebora stated if allowed to refurbish the issues will go away. He stated the larger issue in the stand alone accessory building needs a time table as to how the primary and accessory structures will affect the neighboring property owners. Mr. Betker stated the structure will remain after the primary building is constructed. Mr. Haugen stated they should be allowed to maintain the structure. Ms. Wischnack stated the hazardous building will be dealt with by the City Attorney. She explained there have not been many calls over the years. Mr. Betker has always responded when called by the City. Mr. Flaata asked if there is usually a timeline with a request like this. Ms. Wischnack stated it is not required in the code to have a timeline. Mr. Christensen, 945 - 2nd Ave. SW., commented on his concerns. He stated the building is 5.5 feet from his property line and 6 feet would be required today. He is overall concerned with drainage issues. He stated he talked to the buyer and they stated it could be 5 years before a home was built. He stated the buyer intends on improving the property not remove the structure. Mr. Christensen stated he is concerned with the size of structure in the front yard and the drainage. He would like to see the structure removed. There needs to be clarification as to the longevity of the structure. Chairman Kirchoff asked if he were talking for the entire neighborhood. Mr. Christensen stated he is reiterating calls he has received. Jill Smith, 841 - 2nd Ave SW, commented on her concern with the vacant house. She explained the neighbors have taken care of the property. They have removed the debris that others left on the property. She stated their house is 18 inches from the property line and in the winter the snowmobiles are disturbing. She explained she would like a house on the property with neighbors so others would stay off the lot. Ms. Smith commented on storage buildings available for rent and that there is mold in the existing building. Chairman Kirchoff asked how long the building has been owned by Mr. Betker. Mr. Betker stated around 10 years. Tim Smith, 841-2nd Ave. SW, stated the property harbors rodents which have moved onto their property. He has called the weed inspector over the years. He explained that he was told, by the previous inspector, where a house could be placed. He has concerns with the timeline to build a home and the accessory use being place in the front yard. He stated a house would improve the property. Mr. Smith commented on the narrow driveway up to the property line. Minutes Planning Commission - June 15, 2004 Page 12 Mr. Currimbhoy stated it is positive that the building will be improved. Carl Hoeft, 945 - 2nd Ave. SW, explained the lot doesn't affect his property however his main concern is with the foundation which should be inspected for safety. He would also like to see a timeline for the main structure. Mr. Betker stated he would sell the lot to the neighbors. He distributed a house plan that would fit on the lot. He explained nothing would change with the drainage. Randy Redman stated fixing the garage is a positive step in the right direction and it is fair to give a timeline for the primary structure. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 8:35 p.m. Mr. Flaata made a motion to table the request until the property owner returns with a timeline. The motion failed for lack of a second. Ms. Otteson made a motion to deny the request. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held June 22, 2004 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) DISCUSSION OF COMPOST SITE WITH STEVE MADSON Ms. Wischnack explained the reason for the discussion to update the Planning Commission on the future of the compost site. Steve Madson, Creekside Compost, commented on the procedure to remove the approximately 20,000 ton of leaves on the HATS facility property along Adams St. He explained they are using a new debagger to alleviate the problem. They are working 24 hours a day and hope to have the leaves debagged in two weeks. The rain does hamper the progress. He commented on the future for Creekside. They are looking for an alternate location in the County away from main roadways for the storage of the leaves brought in from Minneapolis. The process will be changing as the leaves come in to the City. Mr. Madson stated they have offered an incentive to Minneapolis to use biodegradable bags. He stated the City needs raw materials to expand the operation. He reported 20,000 ton will produce 1.4 million bags. He stated 150,000 bags were sold in 2003 and so far in 2004 a total of 800,000 bags have been sold. He is working for better management of the materials. Debagging is labor intensive. Discussion followed on the odor at the compost site. Mr. Madson stated leaves are not the odor it is the green material that comes in. Ms. Wischnack stated when the Conditional Use Permit was granted to the HATS facility several years ago for outdoor storage. They did not Minutes Planning Commission - June 15, 2004 Page 13 envision this use on the property at that time. She explained the Conditional Use Permit could be amended. Mr. Madson stated they do not intend to use this area again. Discussion followed on the disposal of the bags. Mr. Madson stated presently they go to the landfill eventually the bags will go to a company that uses them in yard furniture. 5. OLD BUSINESS None 6. COMMUNICATION FROM STAFF 7. ADJOURNMENT There being no further the meeting adjourned at 9:00 p.m.