Aitkin Airport Commission
JOINT AIRPORT ZONING BOARD
AITKIN CITY HALL
December 16, 2010 5:00 p.m.
MEMBERS PRESENT: Jim Larson, John Welle, John Walkup, Terry Neff, Steve Bennett
MEMBERS ABSENT: Brad Nelson, Joe Gans
ALSO PRESENT: Gina Mitchell, Alex Conzemius, John Kolb, Gayle Momchilovich, Brian Bachman, Keith Nentl, Gary Williams, Ann Schwartz
1. Call to Order. The meeting was called to order at 5:05 p.m. by Chairman John Walkup.
2. Approval of October 20th, 2010 Minutes. Terry Neff made a motion to approve the minutes from the October 20th, 2010, Joint Airport Zoning Board meeting, Jim Larson seconded. All aye.
3. Additions or Deletions to the Agenda. The Agenda was approved as presented.
4. Public Hearing: Airport Zoning Ordinance. The purpose of the meeting was to hold a public hearing on the updated Aitkin Airport Zoning Ordinance. This draft ordinance was approved to be submitted to Mn/DOT Aeronautics for review and has been issued a Commissioner’s Order of Approval. Terry Neff suggested and provided a brief overview of his recommended changes made to the draft Airport Zoning Ordinance since the October 20th meeting. These changes included a revision in Section 5: B.4. to reference the height restrictions in Section 4: B., editing the text “zoning permit” to read “building/zoning permit” in Section 5: D., and adding Wind Energy Conversion Systems to the list of tall structures in Section 7: 1.
Alex Conzemius and Gina Mitchell discussed a final edit to Section 7: 4. of the ordinance that addressed wildlife attractants. Bolton & Menk was directed by the board to edit this section to address the recommendations and concerns presented at the October 20th meeting. Section 7: 4 was edited to allow a land use if the claim could be supported by a Wildlife Hazard Assessment.
Steve Bennett wanted to revisit the issue of the boundary limitations in Sections 4 and 5 of the Ordinance. Steve recommended removing this section from the ordinance. Gina from Bolton & Menk reminded the board that this issue was debated at the last meeting and it was decided that these sections of the ordinance should remain. Alex Conzemius stated that he had a conversation with Kathy Vesely at Mn/DOT Aeronautics on this issue. It is her opinion that if the Joint Airport Zoning Board wanted to remove the Boundary Limitations section and be more restrictive then the model ordinance they would be allowed to do so as provided in State Statutes. In consultation with Jim Ratz, County Attorney, he advised that unless it can be demonstrated that the model ordinance is inadequate to address safety issues
Joint Airport Zoning Board
December 16, 2010
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in these areas, the ordinance should comply with the Mn/DOT model and Minnesota State Rules and Statutes. Steve Bennett argued that the safety zone dimensions that have been developed for airport safety are good reasons to be more restrictive. As zoning administrator, Terry Neff, stated he would have an easier time administering the ordinance if the boundary limitations were removed. Terry identified that he would be concerned if they went against the County Attorney’s opinion and feels that this language should be left in the ordinance. John Welle stated that he knows of no reasons why the Aitkin Airport must be more restrictive than other Airport Zoning ordinances that have followed the Mn/DOT model. It was decided to leave the boundary assurances section as proposed.
John Kolb, Points North LLC Attorney, addressed the revisions made to Section 7: 4. He argued that the process places an excessive burden on the property owners, creates uncertainty with what could be defined as a wildlife attractant and mandates a Wildlife Hazard Assessment for a purpose that it was not intended to be used. After discussion on the issue it was ultimately decided that the language would be drafted to reference the agency review process that is already in place to review such land uses that have the potential to create a wildlife attractant. John Welle stated that this board should not implement a process for land use review, but instead defer to the appropriate agencies and reference the policy that is already in place.
5. Closing of Public Hearing. Terry Neff made a motion to end the Public Hearing, Jim Larson seconded. All aye.
6. Adoption of Ordinance. Terry Neff made a motion to adopt the Airport Zoning Ordinance subject to the edits made in Section 5: B.4. to reference the height restrictions in Section 4: B., editing the text “zoning permit” to read “building/zoning permit” in Section 5: D., adding Wind Energy Conversion Systems to the list of tall structures in Section 7: 1., and editing Section 7: 4. to read, “Is deemed to have the potential to create a wildlife hazard to airport operations as determined by the Federal Aviation Administration (FAA), U.S. Department of Agriculture (USDA), U.S. Fish and Wildlife Services (USFWS) and Mn/DOT Aeronautics.” John Welle seconded. All aye.
7. Adjourn. The meeting was adjourned at 6:45 p.m.
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Chairman Secretary