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HomeMy WebLinkAbout20120828 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 28, 2012 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, August 28, 2012. Chairperson Powell called the meeting to order at 6:30p.m. with Commissioners Husain, DiNella, Demuth and Weber present. Commissioner Miller was absent. Also in attendance were Senior Planner Zweber, Project Engineer Olson and Recording Secretary Hanson. The Pledge of Allegiance was read. Election of Vice-Chair. Chairperson Powell stated that with the resignation of Commissioner Irving, a new vice-chair needs to be elected. He also announced the resignation of Commissioner Ege effective August 28, 2012, and expressed thanks for her years of service. Chairperson Powell asked for nominations of the new vice-chair. Commissioner Demuth nominated Commissioner Miller. There were no other nominations. MOTION by Powell to elect Commissioner Miller for Vice-Chair by unanimous consent. Second by DiNella. Ayes: 5. Nays: None. Motion approved. Commissioner Miller was elected as Vice-Chair. Additions to Agenda:Senior Planner Zweber mentioned the letter provided to the Commissioners from the Metropolitan Council regarding the next level of comprehensive planning and stated he will discuss it later in the meeting under reports. Audience Input: None. Consent Agenda: a. Approval of the July 24, 2012, Regular Meeting Minutes b. Approval of the July 24, 2012, Work Session Meeting Minutes MOTION by Weber to approve the Consent Agenda. Second by Demuth. Ayes: 5. Nays: None. Motion approved. Public Hearing : 6.a. Request by Dakota Aggregates for a Large Scale Mineral Extraction Permit, Annual Operating Permit for Dry/Wet Mining Sub-Phase 1A; and an Interim Use Permit for Aggregate Processing Senior Planner Zweber reviewed the staff report and stated the (12-17-ME, 12-18-ME, 12-19-IUP). objective of the Planning Commission meeting is to have the staff review the mining proposal; open the Public Hearing and receive public comment; have the Planning Commissioners provide their questions and comments regarding the proposal; and continue the public hearing to the September 25 regular Planning Commission meeting. He further stated that the Planning Commission will conduct a work session on September 11 to review the public and Planning Commissioner’s comments and discuss possible permit conditions to address the comments. It is anticipated that Staff will prepare a formal recommendation and permit conditions for the September 25 regular Planning Commission meeting, depending upon the outcome of tonight’s meeting and the meeting on the 11th. PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 28, 2012 PAGE 2 Applicant, Shawn Dahl, of Dakota Aggregates and Ames Construction stated that Dakota Aggregates was created by Cemstone and Ames Construction and has been involved with the UMore property for the past four years. Mr. Dahl further stated they have held public meetings for the Bloomfield and Enclave neighborhoods and the most common question asked would be why this particular area was chosen for mining. Mr. Dahl stated that the area is very unique in the quantity as well as quality of aggregates. Commissioner Demuth asked Mr. Dahl why Dakota Aggregates wouldn’t mine the whole dry area before continuing to the wet phase below the water table. Mr. Zweber responded saying the direction came from City staff to mine only 80 dry acres at a time to limit the amounts of dust from such a large area being mined. Commissioner DiNella asked Mr. Dahl if Dakota Aggregates has leased or purchased the land and who receives the profits from the operation. Mr. Dahl stated that they have a lease with the University and they pay them a market rate for the aggregate on a per ton removed basis. Chairperson Powell confirmed with staff that the property will become taxable property once the mining begins and that also the City would hopefully have a nearby source for aggregate when bidding projects that would be beneficial to the City. Commissioner Husain stated he had three concerns: water contamination; dust and environmental pollution; and noise. With respect to the noise concerns, Mr. Dahl stated that the work will take place 70 feet below the level of County Road 42 and the entire site will be bermed. He stated Dakota Aggregates is required to operate within MPCA noise standards. With respect to dust control, Mr. Dahl stated they are only allowed to have 80 acres open at one time and processing is dust free because they wash 90% of the products produced. He stated the greatest generator of dust is stockpiles and with only 80 acres open, they will not have enough space to stockpile. Mr. Dahl also stated they will always have a water truck on site for dust control while mining the 80 acre area. Chairperson Powell confirmed the condition that if the wind level is too high constituting a wind advisory day, the Community Development Director has the ability to cease operations until the wind has decreased. Commissioner Demuth stated the property has been used for agricultural research and citizens have expressed their concerns. She asked Mr. Dahl where the public could go to find out which pesticides have been used in that area. Mr. Dahl stated that the University has performed research and reports on those concerns that can be made public. Mr. Zweber stated that staff has not seen any records of pesticides being used but can consult with the University. Jim Aiken, with Barr Engineering, approached the Commission and stated that during the Phase I and II investigations, it was found that the University used standard pesticides in accordance with their labeled use and there was no record of any other experimental use. He stated he can provide more specific information on that part of the investigation before next month’s meeting. Chairperson Powell stated key issues include protection of the ground water and geology of the lake and requested a brief presentation from staff on those issues. Mr. Zweber stated that Barr Engineering is currently improving their groundwater monitoring plan and staff will have that ready th for the September 11 work session meeting. Commissioner Demuth stated that it states in the packet the Department of Health has concerns if the surface water impacted the municipal wells, it could be an added expense to our community and she asked if there was a way to identify the contaminants to look for to possibly prevent an impact. PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 28, 2012 PAGE 3 Mr. Zweber responded that staff has met with LBG and the Department of Health to review the definitions of groundwater under the influence of surface water and what chemistry parameters we should look for in the monitoring wells before doing a test well. He stated this is currently a topic being reviewed and staff will continue to meet with the Department of Health staff to insure the correct chemistry is being tested for. He stated that the three proposed City drinking water wells have not been installed and there are other options if it is determined that installing the wells would be detrimental affected by the groundwater feed lake. Commissioner Demuth then asked if the intention for the lake is for it to be an amenity to the public such as a park or public access lake. Mr. Zweber stated that it is intended for the lake to have public access similar to Cobblestone Lake in Apple Valley. Chairperson Powell asked for identification of where the Met Council interceptors are running through the site. Mr. Zweber showed on the aerial diagram where the former interceptor and current Empire interceptor is located and stated that the mining will take place outside of the easement containing the Empire interceptor but that Dakota Aggregates would need to abandon the former interceptor before they would be able to mine in that area. The public hearing was opened at 7:32p.m. th Myron Napper, 3381 145 Street East, stated he thought all of the questions the Commissioners were asking could be answered in a 380 page document he received from the County. He asked staff how far Phase 2 is from the four ordnance stacks and stated that area is contaminated with chloroform that will deposit into the lake. Mr. Zweber responded that the Phase 2 area is about a miles from the stacks and that the ground water flows northeast away from the lake, not west. Mr. Zweber further stated his assumption that the 380 page document from the County is actually his 371 page staff report for this meeting. Richard Cook, 14665 Biscayne Way, stated he has two concerns: the additional traffic and who would pay for the installation of reinforced roads at the access points; and who would be in charge of maintaining the lake once the mining in that phase is complete. th Frank Knoll, 4322 145 Street East, asked how the lake will be filled once mining is complete and stated the areas north of County Road 42 do not have any water in them. Mr. Zweber replied that those are stormwater ponds that are fed by whatever precipitation is received. The lake created by the mining process will be fed by groundwater. th Myron Napper, 3381 145 Street East, expressed his frustration with the inadequacy of the infrastructure at County Road 42 and 46 intersections with Highway 52 and stated there will be a need for signals with the additional truck traffic. Chairperson Powell asked staff to clarify the agency responsibility of maintaining certain roads. Mr. Zweber stated that Dakota Aggregates will pave into their accesses 150 feet from the right of way. Akron Avenue south of County Road 42 is a University owned road so there will not be any cost to the City to maintain that road. He stated that Biscayne Avenue already has a 10 ton standard due to being an access road for the business park and the City would maintain that road. The cost of a future street light at Biscayne Avenue and County Road 42 will be shared as well as future improvement of Biscayne. Mr. Zweber further stated that the lake will be University property until it’s developed and then would be a City park when development occurs. PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 28, 2012 PAGE 4 th Lawrence Kane, 2387 145 Street West, asked if the tree line will be used for a trucking road and th expressed his frustration with the current increase in truck traffic along 145 Street in front of his home due to the inability for trucks to be able to take a right hand turn onto Highway 3 from County Road 42. Mr. Zweber stated the former railroad bed along the tree line will be used as a th haul route. As for the truck traffic along 145 Street, Mr. Zweber stated the City wouldn’t be able to ban truck traffic due to Greif Bros. being located there, but agreed with Chairperson Powell who stated that enforcement can be brought to police attention. Chairperson Powell also suggested conducting a traffic count to measure before and after the mining operation begins. Carl Johnson, 14918 Bittersweet Court, stated that in the area where he lives, he has seen at least two major accidents occurring around the corner and he expressed his concern with having additional truck traffic going around that corner to the Biscayne Avenue access point. MOTION by Powell to continue the public hearing to the September 25, 2012, Planning Commission meeting. Second by Demuth. Ayes: 5. Nays: None. Motion approved. Public hearing was continued at 8:03p.m. Mr. Zweber stated he will compile the information from this meeting for the work session on September 11, 2012, for further discussion. New Business : th Senior Planner Zweber reviewed the staff 8.a. Prestwick Place 5 Addition Final Plat(12-24-FP). report and stated that on August 7, 2012, the City Council approved D.R. Horton’s request for th Prestwick Place 4 Addition Final Plat and Planned Unit Development (PUD) Final Site and Building Plan for 28 lots. Following the subdivision approval D.R. Horton determined that an addition six (6) lots can be developed with the construction of approximately 100 feet of road. As a result, D.R. th Horton has requested the approval of the six (6) lot Prestwick Place 5 Addition subdivision. Commissioner Weber asked the purpose of the additional 100 feet of road. Mr. Zweber replied that the road was originally designed with a hammerhead for emergency vehicles to be able turn around. In order to get two extra lots, Mr. Zweber explained that the street needs to be extended on both sides to the lot property lines so that those properties will not be affected by the next phase of development. Chairperson Powell confirmed with staff that the applicant is familiar with and agree with the conditions of approval. th MOTION by DiNella recommend that the City Council approve the Prestwick Place 5 Addition Final Plat, subject to the following conditions: th 1.Subject to the Approval Conditions of Prestwick Place 4 Addition Final Plat and Planned Unit Development Final Site and Building Plan. th 2.Subject to the Prestwick Place 4 Addition Subdivision Agreement. 3.The City Council approve a Minor Planned Unit Development Agreement Amendment thth to the Prestwick Place 4 to change the name of the Agreement to “Prestwick Place 4 and thth 5 Addition” and include the Prestwick Place 5 Lots into the Legal Description. Second by Weber. Ayes: 5. Nays: None. Motion approved. PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 28, 2012 PAGE 5 Reports Senior Planner Zweber explained the letter from the Metropolitan Council that the : Mayor requested the Commission receive a copy of. Adjournment There being no further business to come before this Commission, the meeting was : unanimously adjourned at 8:17p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary