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HomeMy WebLinkAbout20111025 PCM RM Minutes PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 25, 2011 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, October 25, 2011. Chairperson Powell called the meeting to order at 6:30p.m. with Commissioners Demuth, Irving, Weber, Ege, Miller and Dinella were present. Also in attendance were City Administrator Johnson, Senior Planner Zweber, Planner Lindahl, and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda:Mr. Zweber stated the addition of a report regarding a recent meeting with the MPCA and Dakota County Environmental Management with respect to the DCTC ballfields which will be item 8.a. under Reports. Audience Input: None. Consent Agenda: a. Approval of September 27, 2011, Regular Meeting Minutes MOTION by Ege to approve the Consent Agenda. Second by Miller. Ayes: 7. Nays: None. Motion approved. Public Hearings: Senior a. Pine Bend Paving Request for Renewal of Their Interim Use Permit (11-29-IUP). Planner Zweber stated that Pine Bend Paving has requested an Interim Use Permit to operate an asphalt plant on property owned by Flint Hills Resources and has been operating a plant in this location since 2007. Pine Bend Paving was issued an Interim Use Permit (IUP) in September 2006 with the condition that their IUP permit will expire on December 31, 2011. Mr. Zweber further stated that Pine Bend Paving is requesting another five (5) year IUP through December 31, 2016. Commissioner Dinella asked how much additional traffic would be generated and Mr. Zweber deferred the question to the applicant. Commissioner Weber asked if the frontage road being constructed along the Feed Products and Hawkins parcels will go past the Pine Bend parcel. Mr. Zweber replied that the road will not be constructed that far and it is not necessary to do so since Flint Hills would have the ability to construct new roads east of the Pine Bend site if that land is ever developed. Commissioner Dinella asked about the two ponds on the site. Mr. Zweber showed the two areas on the aerial map and stated the areas are actually landfill cells of spent bauxite basins created by Flint Hills when they had used the property. Pine Bend needs to perform any work on them. Commissioner Powell asked about the screening requirements for the silo and whether the trees on top of the berm satisfy the 50% screening requirement. Mr. Zweber replied that only one-third of the silo needs to be screened due to its height. He further stated that the screening requirement in this case is 30-50% height coverage, not horizontal coverage, and the trees supply 20% of that screening. PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 25, 2011 PAGE 2 Applicant, Joe Jacoby, President of Pine Bend Paving, approached the Commission and stated that they have the ability to produce a maximum of 150 ton/hour resulting in about 8 trucks an hour. Commissioner Demuth asked Mr. Jacoby if Pine Bend currently has any stock piles on the adjacent property and Mr. Jacoby stated that it is a pretty restricted site size-wise and they do not have any stock piles on other property. Mr. Zweber clarified that the stock piles Commissioner Demuth may be referring to are on the property to the southwest where Valley Paving operates and the stock piles are allowed under their interim use permit. The public hearing was opened at 6:44p.m. There were no public comments. MOTION by Irving to close the public hearing. Second by Dinella. Ayes: 7. Nays: None. Motion approved. Public hearing was closed at 6:45p.m. MOTION by Dinella to recommend the City Council approve an Interim Use Permit for Pine Bend paving subject to: 1.Conformance with the standards of the Asphalt Plant Interim Use Permit of the Zoning Code Section 11-4-16 D. 2.Additional berming and/or screening shall be installed east of the entry drive if the existing rail spur is used to deliver aggregate and additional stockpiling occurs along the rail line. 3.The expiration date of the IUP will be December 31, 2016; any extension must be approved by the City Council. Second by Demuth. Ayes: 7. Nays: None. Motion approved. Planner Lindahl stated that staff initiated text b. Flood Ordinance Text Amendments (10-09-TA). amendments to the Zoning Ordinance B, Section 11-1-4, Definitions and Section 11-10-9, Flood Plain District Conditional Uses to comply with changes required by the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources (DNR) resulting from a new flood insurance study. Commissioner Miller asked staff if the public would be able to view the map panels referred to in the ordinance while they are reviewing the ordinance. Mr. Lindahl stated that the map panels are available to viewing at City Hall and on the FEMA’s website. Commissioner Miller asked if there could be additional language added to the ordinance stating where the maps could be viewed. Staff suggested adding language to the beginning section to say that the map is available at City Hall and a link could be provided on the City’s website to the map from FEMA’s website. PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 25, 2011 PAGE 3 Chairperson Powell asked why there are numerous panels mentioned in the ordinance if only two panels apply to Rosemount. Senior Planner Zweber clarified that there is an overlap of panels with neighboring communities so while only two panels apply to Rosemount, other panel numbers need to be referenced in the ordinance because of the overlap. Chairperson Powell stated that in Section 1.A. Purpose and Intent, the phrase “in occurrence with the policies” should state “in accordance with Minnesota statutes”. Also, he stated under Section F.6. under Certification, professionals should be referred to as “licensed”, not “registered”. Also, in Section E.3.b.iii, Chairperson Powell asked for clarification on the “two automatic openings” referred to. Mr. Zweber stated those would be louvers that are normally closed but if the water would rise high enough, they would open. Commissioner Miller stated the ordinance language is confusing and asked if there was a way to make it simpler to understand. Mr. Lindahl stated that unfortunately, the language is required by FEMA to stay eligible for the flood insurance program. Mr. Zweber also stated that there are only three properties within Rosemount that are located in the flood plain and that information to this account could be added to the website and also stated that the ordinance does not apply to anyone else. The public hearing was opened at 7:20p.m. There were no public comments. MOTION by Ege to close the public hearing. Second by Dinella. Ayes: 7. Nays: None. Motion approved. Public hearing was closed at 7:20p.m. MOTION by Miller to recommend the City Council approve a zoning ordinance text amendment to Section 11-4-19: Floodplain District subject to the condition that the City’s website be amended to include a reference to where the flood plains are located within Rosemount. Second by Demuth. Ayes: 7. Nays: None. Motion approved. Old Business None. : New Business : Senior Planner Zweber stated Minnesota Statute 462.356 Subd.2 requires a. 2012-2021 CIP. that the Planning Commission provide a written report to the City Council that the Capital Improvement Plan (CIP) is in compliance with the Comprehensive Plan. Mr. Zweber further explained the details of the 2012-2021 CIP and stated that City Administrator Dwight Johnson was present to answer any specific questions. Commissioner Ege asked if the fees to use the Steeple Center in 2013 will change due to the proposed improvements. Mr. Johnson responded that there will not be any fee increase for the funds used for renovations. PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 25, 2011 PAGE 4 Commissioner Dinella asked if the expenditures and work for the quiet zones are complete. Mr. Johnson there are more federal safety points required such as signage or barrier posts in the median that will be addressed at a later date. Commissioner Miller asked if the City is looking at how water is being consumed in the community in order to justify the need for a new well construction in 2014 and a large storage facility in 2015. Mr. Johnson stated that the City recently adopted an adjusted rate structure with a tiered rate structure in conjunction with DNR requirements. Mr. Johnson further stated that the City has a 10 year model that is updated every year. Mr. Zweber added that the City has a Utility commission that continually reviews the water usage and the well would not be built in 2014 unless the Utility Commission reviews the need and recommends construction. Commissioner Demuth asked for an explanation of the need for a water treatment facility by 2016. Mr. Johnson stated that most cities that grow beyond 20,000 have a water treatment facility and staff has added a facility to the City’s water model in order to be financially ready for it when the time comes. Mr. Zweber added that the Comprehensive Plan includes two water treatment sites: one adjacent to Fire Station No. 2 where the water tower is located; and a second site in the business park adjacent to an existing well. Mr. Zweber stated the City will need both sites eventually. Commissioner Powell asked for a clarification on the 1.204 million dollars indicated on the spreadsheets as levy funds. Mr. Johnson clarified the amounts that Commissioner Powell was referring to and stated that among the projects listed, the City would take advantage of additional funding or grant opportunities that become available. MOTION by Ege to find the 2012 - 2021 Capital Improvement Plan in Compliance with the Rosemount Comprehensive Plan. Second by Irving. Ayes: 7. Nays: None. Motion approved. Reports Mr. Zweber updated the Commissioners on a meeting staff attended with the MPCA : and Dakota County Environmental Management regarding the baseball field at DCTC and the environmental study conducted by Ames Construction. The MPCA reviewed their rules and recommended to cover the berm with 4 feet of clean soil with a deed on it that states the material cannot be moved. Dakota County was unprepared to make a recommendation at the time. No action will be taken until both parties have presented their recommendation. Commissioner Miller asked what the site is contaminated with. Mr. Zweber stated the MPCA indicated in their ruling there may be asbestos that was disturbed when Ames Construction graded and is now contained within the berm. He further stated that Dakota County believes there may additional contamination on the ballfield itselves. Mr. Zweber stated City staff will wait to hear the final ruling from Dakota County. Commissioner Demuth asked if staff had sent DCTC a violation letter when the grading was performed without a permit. Mr. Lindahl replied that the Engineering Department sent DCTC a letter informing them they had done work without a permit. Commissioner Irving asked the process on the City’s part if the conditions are not followed. Mr. Zweber responded that the ordinance provides the enforcement action and the City Attorney will PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 25, 2011 PAGE 5 provide guidance on how to apply the ordinance. However, at this time, staff believes DCTC are in the process of fulfilling the obligations of the conditions. Adjournment There being no further business to come before this Commission, motion to : adjourn made by Commissioner Irving, second by Commissioner Ege, the meeting was adjourned at 8:17p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary