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HomeMy WebLinkAbout20110726 PCM RM Minutes PLANNING COMMISSION REGULAR MEETING MINUTES JULY 26, 2011 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, July 26, 2011. Chairperson Powell called the meeting to order at 6:30p.m. with Commissioners Demuth, Irving, Miller, Ege and DiNella present. Also in attendance were Senior Planner Zweber, Planner Lindahl, Project Engineer Olson and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda:None. Audience Input: None. Consent Agenda:None. Public Hearings: Senior Planner Zweber stated that SKB SKB Environmental Request for (11-17-TA, 11-18-IUP). Environmental, Inc. (SKB) owns and operates an industrial, construction and demolition waste landfill at 13425 Courthouse Blvd. SKB has requested a text amendment to the WM - Waste Management district to add composting as an interim use and to modify their existing interim use permit (IUP) to add composting to their operation. This is a continuation of the public hearing opened at the Planning Commission meeting on June 28, 2011. Mr. Zweber reviewed the staff report. Commissioner Irving asked if there were two separate motions. Mr. Zweber confirmed that there were two separate motions and if the Commission planned on approving the text amendment motion, they should also plan on approving the interim use permit motion. A discussion took place on the term of the IUP and Mr. Zweber stated the current application is a modification to their 2008 permit and it would come back to the Commission for review in 2013. Applicant, Richard O’Gara, President of SKB Environmental, Inc. approached the Commission and gave a brief overview of how the composting process has changed over the years. He provided the Commission with a handout from the U.S. Composting Council regarding their position on composting organics rather than landfilling them. Commissioner Miller asked for an explanation of the use and effect of gypsum and what testing parameters will be in place to ensure only clean material is being composted. Mr. O’Gara explained that gypsum is used for ph balancing but a very small amount is incorporated. He further stated SKB has procedures in place to test all waste material on all parameters. Mr. Zweber added that with respect to industrial sludge, SKB is limited to the list of items allowed per their supplemental letter and the restrictions they set forth. SKB will also be required a permit from Dakota County and Dakota County will also be monitoring the material used in the compost. Mike Fullerton, Facility Manager at SKB in Rosemount, stated they require testing all on loads, including those that would come in for composting. A discussion took place on industrial sludge and how it relates to the definition of MSW. Mr. Zweber explained that staff has worked closely with Dakota County and MPCA staff to come up PLANNING COMMISSION REGULAR MEETING MINUTES JULY 26, 2011 PAGE 2 with a definition of industrial sludge and he anticipates that they will be reviewing the situation during their permitting process after the City’s approval is complete. Commissioner Miller asked if gypsum could be more sufficiently defined within the ordinance so it would not allow demolition debris. Mr. Zweber replied that SKB has provided a letter that contains a definition of the types of gypsum they will use and they would not be able to compost anything that is not included in those conditions. He stated that the IUP allows more detail than the ordinance. There were no further questions for the applicant from the Commissioners. The public hearing was re-opened at 7:21p.m. Brenda Sugii, 13701 Courthouse Blvd, stated she has been dealing with SKB for almost 24 years and that the original owners promised the City several things that never happened. She stated that each year it seems SKB requests to get bigger and handle more waste and she requests to know when it will all stop. She also requested to know who is monitoring the aquifer for contamination and how they will control the increase in birds and rodents. There were no further public comments. MOTION by Miller to close the public hearing. Second by Ege. Ayes: 6. Nays: None. Motion approved. The public hearing was closed at 7:23p.m. Chairperson Powell asked Mr. Zweber to address the resident’s concerns on the aquifer, rodents and the general life of the landfill. Mr. Zweber stated he would like the applicant to also address the issues but with respect to the aquifer, Dakota County Environmental Management and the MPCA monitor SKB. He further stated that staff shares the concern of rodents and pests and that SKB will need to hire pest control to manage the landfill. Mr. Zweber stated that the IUP issued in 2008 allowed the landfill to get taller and closer to property lines increasing the life by 35 years. Richard O’Gara stated the SKB facility is very well monitored and has not had any environmental issues. With respect to rodents, Mr. O’Gara stated that if the waste is mixed in the right percentages and there is no food waste left on the ground, there should not be any problems with vectors or rodents. SKB had a site south of Rosemount that opened in 1995 and there is no rodent problem. Mr. O’Gara stated SKB agrees to hire a consultant to report and monitor the site. Mr. O’Gara stated that if the landfill continues filling at the current pace, there are probably 17-20 years remaining in the operation. A discussion took place on how SKB could work with their neighbor, Ms. Sugii to address her concerns on a more frequent basis and it was suggested SKB could share their water testing reports and reports from the pest control consultant. Mr. O’Gara stated that it is all public information and he would be happy to share it with Ms. Sugii. Commissioner Ege stated that since she’s been on the Planning Commission in 2004, she has heard of no issues with SKB. She stated they are heavily regulated and monitored by the MCPA and Dakota County. She stated she is in favor of approving the motions. Commissioner Demuth stated she agrees with both motions and agrees that composting is being encouraged by the State. However, she stated her conflict with including Item #4 in the conditions relating to sewage sludge in that SKB could accept sewage sludge and possible sell it to the public to PLANNING COMMISSION REGULAR MEETING MINUTES JULY 26, 2011 PAGE 3 use on their gardens. She stated the state rules for sewage sludge were written in 1991 and will soon be revised. She would like this item removed from the conditions and allow SKB to come back after the rules have been revised. MOTION by Irving recommend that the City Council Approve the Text Amendment of Section 11-4-17 B. Waste Management District Uses Permitted by Interim Use Permit to Add Composting. Second by Ege. Ayes: 6. Nays: None. Motion carried. MOTION by Demuth recommend that the City Council Amend the Interim Use Permit for SKB Environmental to Allow Composting, removing Condition #4 related to sewage sludge. Second by DiNella. Commissioner Irving stated he would like an additional condition added to require SKB to provide notification to the neighboring resident, Ms. Sugii, on a periodic basis. MOTION by Demuth recommend that the City Council Amend the Interim Use Permit for SKB Environmental to Allow Composting, removing Condition #4 related to sewage sludge and replacing it with a condition requiring notification to the surrounding community with respect to groundwater testing. 1.Compliance with the Application for Major Permit Modification dated May 2011. 2.Compliance with the Supplemental Information Letter dated June 7, 2011. 3.Petroleum Contaminated Soil is Prohibited from Use for Composting. 4.Sewage Sludge in compliance with the response to the June staff report letter dated July 12, 2011 may be used in the composting process. Provide notification of groundwater testing and reports to neighboring residents. 5.Industrial Sludge in compliance with the response to the June staff report letter dated July 12, 2011 may be used in the composting process. 6.Compliance with the Vector and Rodent Control Letter dated July 20, 2011. 7.The Applicant Conduct a Vector and Rodent Evaluation, which would in part be based upon trapping in May 2012 and 2013 by a National Pest Management Association (NPMA) Certified Pest Control Firm. The Evaluation shall be submitted to the City by July 1 2012 and 2013 respectively, and include Recommendations for Vector and Rodent Control. The Community Development Director shall administratively approve the Vector and Rodent Control Plan that SKB shall implement based upon the Evaluation Report. 8.Approval and Compliance with MnPCA Major Permit Modification. 9.Approval and Compliance with DCEM Composting Variance. 10.The Rosemount City Council and SKB approve modifications to the Development Commitment by and Between SKB Environmental, Inc, and City of Rosemount. Second by DiNella. PLANNING COMMISSION REGULAR MEETING MINUTES JULY 26, 2011 PAGE 4 Commissioner Miller disagreed with the removal of Condition #4 relating to sewage sludge stating that SKB’s operation is conducted differently than agricultural methods. He also stated his disagreement to requiring SKB provide notification to residents and that if SKB maintains their open door policy, mandating the condition would be unnecessary. A discussion took place on the possible presence of PFCs in sewage sludge and how SKB will insure there are no PFCs in their composting. Mr. O’Gara stated that normal sewage sludge was banned from land application because of the pathogens, but when it is put into compost, it is heated which kills the pathogens. He stated that they accept waste from 3M that contains PFCs but they do not believe it has been designated as a carcinogen. He further stated that regardless of whether they will be making Class 1 or Class 2 composting, SKB will complete any required testing involved in either process. Chair Powell stated that the motion before the Commission deletes Condition #4 related to sewage sludge and replaces it with a requirement to provide communication and notification to neighbors. Commissioner Ege stated her disagreement with removing Condition #4 on sewage sludge and requiring notification. Mr. O’Gara stated providing the neighbors with all types of correspondence is excessive and he asked if they would be in violation of the IUP if a piece of correspondence is missed. Chairperson Powell stated it should only relate to groundwater testing; not all correspondence. Chairperson Powell requested a vote on the present motion. Ayes: 4. Nays: 2 (Ege, Miller). Motion carried. Mr. Zweber stated this item will go before the City Council at their regular meeting on August 16, 2011. b. Zoning Ordinance Text Amendment Updating the Standards for Reviewing Variance Applications Planner Lindahl stated that this item was initiated to Comply with Changes to State Law (11-26-TA). by staff in response to changes made by the Minnesota State Legislature to Minnesota Statute 462.357, Subdivision 6 relating to standards for reviewing variance applications. Staff recommends approval of this text amendment to bring the City’s zoning regulations into compliance with revisions to the state law. A discussion took place on the definition of “practical difficulties” and guidelines the Commission could use when making a decision. It was agreed to by the Commissioners that a workshop or additional training as it becomes available on this topic would be helpful. The public hearing was opened at 8:17p.m. There were no public comments. MOTION by Ege to close the public hearing. Second by Irving. Ayes: 6. Nays: None. Motion approved. The public hearing was closed at 8:17p.m. MOTION by Powell to Recommend the City Council Approve an Ordinance Amending the City of Rosemount Ordinance B Relating to Variances. PLANNING COMMISSION REGULAR MEETING MINUTES JULY 26, 2011 PAGE 5 Second by Miller. Ayes: 6. Nays: None. Motion carried. As follow-up, Mr. Lindahl stated this item will go before the City Council at their regular meeting on August 16, 2011. Old Business None. : New Business None. : Reports Senior Planner Zweber reminded the Commission of the joint meeting on August 9, : 2011, with the City Council. Adjournment There being no further business to come before this Commission, Chairperson : Powell made a motion to adjourn, seconded by Commissioner Irving. Upon unanimous decision, the meeting was adjourned at 8:19p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary