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HomeMy WebLinkAbout20121127 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 27, 2012 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, November 27, 2012. Chairperson Powell called the meeting to order at 6:30p.m. with Commissioners Husain, Miller, DiNella, Demuth and Weber present. Also in attendance were Senior Planner Zweber, Planner Lindahl, City Engineer/Public Works Director Brotzler and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda:Senior Planner Zweber stated he had several items to present under Reports. Audience Input: None. Consent Agenda: a. Approval of the October 23, 2012, Regular Meeting Minutes Commissioner DiNella requested a correction to Page 7 of the minutes to replace Chairperson Powell’s “aye” vote with Commissioner DiNella. MOTION by DiNella to approve the Consent Agenda. Second by Weber. Ayes: 6 Nays: 0. Motion approved. Public Hearing : 5.a. Request for Renewal of the Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2013 Planner Lindahl stated that the applicant, Jonathan Wilmshurst of Vesterra (12-32-ME). LLC/Stonex LLC, requests renewal of the Vesterra and Stonex mineral extraction permit for 2013. Upon review of the mineral extraction standards, police records and the information submitted by the applicant, staff recommends renewal of this permit. Commissioner Miller asked what the current depth of extraction was. Mr. Lindahl stated the applicant had said they were operating at approximately 30 feet above groundwater. Commissioner Miller then asked if the requirement in Condition U of the amount of topsoil is consistent with other small scale permits. Senior Planner Zweber answered that the two inch standard for top soil is identical to all other small scale permits while the large scale permit requires six inches. Mr. Zweber further stated that staff plans to review the ordinance for updates in the spring. Commissioner Demuth asked if a condition could be added similar to the recent UMore mining permit which allows the City the ability to collect independent soil samplings. Mr. Zweber stated that the Commission has the ability to add that condition if they choose. Public hearing opened at 6:42pm. Jim Bauers, 220 West Lake Street, Exclesior, one of the owners of Stonex-Vesterra approached the Commission to answer any questions. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 27, 2012 PAGE 2 Commissioner Miller asked the applicant if he had any challenges or concerns with the proposed permit. Mr. Bauers replied that he is happy with the terms of the permit and also with respect to the top soil requirement, Mr. Bauers stated that Stonex-Vesterra does not sell any black dirt from top; they replace all topsoil as part of the reclamation. Commissioner Miller asked about the reclamation plan with respect to haulback material. Mr. Bauers replied that the property will be reclaimed to slope gently down to the grade of the road retaining some trees and natural vegetation. He further stated the only material brought from the outside is concrete rubble which is stockpiled and ground down when it is marketable to sell. The material is not used for backfill. Chairperson Powell asked Mr. Bauers whether or not it would be an undue burden upon the applicant if the topsoil requirement would be increased from 2 to 6 inches. Mr. Bauers stated that in some cases, there is only 4-6 inches of topsoil to begin with and sometimes less, but he stated he does not see that requirement to be a major problem. There were no further public comments. MOTION by Miller to close the public hearing. Second by Husain. Ayes: 6. Nays: None. Motion approved. Public hearing was closed at 6:54p.m. Commissioner Dinella asked if it was common to have the lessee of the property submit the application and not the owner of the property. Mr. Lindahl stated that both the lessee and the owner of the property are parties to the permit and therefore, all parties would be held responsible. Mr. Zweber added that the securities only come from the lessee but could be enforced upon the owner if warranted. MOTION by Powell to recommend the City Council renew the Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2013, subject to: 1.Provision of a surety bond as required under item M of the 2013 Conditions for Mineral Extraction. 2.Provision of a certificate of comprehensive general liability insurance as required under item N of the 2013 Conditions for Mineral Extraction. 3.Additional Condition T allowing the City of Rosemount the ability to collect independent soil samplings. Second by Miller. Ayes: 6. Nays: None. Motion approved. Mr. Lindahl stated this item is scheduled to go to the City Council on December 18, 2012. 5.b. Request for Renewal of the Shafer Contracting Mineral Extraction Permit for 2013 (12-33-ME). Senior Planner Zweber stated that the applicant, Shafer Contracting, has applied for the annual th renewal of the mineral extraction permit for their property located one mile north of 135 Street East and ¼ mile west of Rich Valley Blvd. (County Road 71) and that staff recommends that the PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 27, 2012 PAGE 3 Planning Commission recommend approval of the renewal of the Shafer Contracting, Inc. Mineral Extraction Permit for 2013. Commissioner Miller asked why the two permits, Shafer and the Vesterra-Stonex permit, vary quite a bit in conditions. Mr. Zweber stated that one of the reasons to review the ordinance in the spring is to discuss a more consistent formatting for the small scale permits. However, Mr. Zweber stated that there is increased neighbor’s concerns and information involved with the Shafer permit which explains some of the differences between permits. Public hearing was opened at 7:08p.m. Gary Ista, 12131 Rich Valley Boulevard. Mr. Ista stated his well has tested positive for coliform and E Coli the last two years and he requested to have the well bleached. He stated he has spent over $1000 to get his water clean and would like assistance from Shafer in finding out why there are problems. Mr. Ista further stated that he has lived on the property since 1998 and the water has gotten worse in the last two years. He has spoken with George Mattson of Shafer about shocking the well. Joan Schnieder, 12255 Rich Valley Boulevard. Ms. Schnieder stated she has lived on the property since 1977 and her water was perfect until Shafer installed an illegal well on their mining property. She states she hasn’t seen any reports on the tests of her well that Shafer is supposed to conduct. Ms. Schnieder further stated she has seen truckloads of rubble coming into the mine from the airport and that Shafer is not following the 7-7 hours of operation on the weekends. She stated she is concerned with the chemicals in the rubble and how close it is to her well. She’s frustrated the City has not done anything to protect her or her neighbor. Applicant, Frank Weiss, of Shafer Contracting, home address of 1549 Sherman Lake Road, Lino Lakes. Mr. Weiss stated that Shafer hasn’t used their well for several years and have been testing the neighbors’ wells consistently. He stated he hasn’t received any complaints on the wells or the hours of operation but he will look into it. Chairperson Powell asked why the well on the mining property wasn’t capped and whether or not the rubble from the airport is being tested. Mr. Weiss responded that Shafer can cap the well if the City would like them to. With respect to the rubble, Mr. Weiss stated that the rubble consists of pavement removed from the airport that doesn’t absorb fuel or de-icing chemicals and they do not test it. He stated there hasn’t ever been a problem with it and they recycle and remove it as soon as there is a market for it. Commissioner Demuth asked for a list of the parameters being tested for in the well water. Mr. Zweber showed a list of chemicals being tested for and the results from the Schnieder and Ista well tests. Commissioner Demuth asked if the list should be examined closer to possible add chemicals that are on the MPCA list. Gary Ista, 12131 Rich Valley Boulevard, approached the Commission again and stated that the second time his well tested positive for bacteria, Shafer said it wasn’t their responsibility to correct it. Mr. Ista requested a commitment from Shafer to investigate why the wells are being contaminated before the mineral permit renewal is approved. There were no further public comments. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 27, 2012 PAGE 4 MOTION by Miller to close the public hearing. Second by Weber. Ayes: 6. Nays: None. Motion approved. Public hearing was closed at 7:24p.m. Chairperson Powell asked staff for a brief history on this item. Mr. Zweber gave a brief overview of the past communications regarding the Shafer well. He stated there is a specific report number at the Police Department for any complaints on the Shafer mine which are then forwarded to staff to report the complaint. Commissioner DiNella asked which company conducts the testing and whether or not the County can be involved. Mr. Zweber stated that Shafer uses American Engineering Company for their testing who in turn has Pace Analytical conduct the water testing. He further stated staff can contact the County if so instructed by the Commission. Commissioner DiNella asked if this item could be tabled to the December Planning meeting until more information from the County could be obtained. Commissioner Miller asked what the requirement is for testing incoming backfill and whether or not it includes testing for diesel range or gasoline range organics. Mr. Zweber replied that recycled aggregate product (RAP) material from the airport is not required to be tested because it’s not used as fill but recycled and hauled offsite. Commissioner Miller expressed his concern with stormwater running from the RAP into the lower elevated pits which could possibly be contaminating the neighboring wells. He requested a condition be added to the permit stating that no wells are allowed on the mining property and that any existing wells will be properly abandoned within 60 days. Also, he requested a condition be added that states any stormwater runoff from the RAP shall be drawn away from the mining pits. Commissioner Demuth requested a condition be added stating the City shall have the ability to conduct independent soil samplings. Chairperson Powell stated he would like to table the matter to allow staff to address the neighbors’ concerns regarding the well contamination. MOTION by Powell to table the Shafer Mineral Extraction Permit Renewal for 2013 to the December 11, 2012, Planning Commission meeting. Second by Demuth. Ayes: 6. Nays: None. Motion approved. Old Business: None. New Business : 7.a. 2013–2022 City of Rosemount Capital Improvement Plan Senior Planner Zweber stated that the City of Rosemount prepares a 10-year CIP to anticipate the financial needs of the City capital facilities beyond the current year’s budget. Minnesota Statutes requires that the Planning Commission review the CIP to ensure that the investments made by the City are in compliance with and implement the goals of the Comprehensive Plan. Mr. Zweber stated that City Engineer/Public Works Director Brotzler was present to answer questions of the Commission. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 27, 2012 PAGE 5 Commissioners asked Mr. Brotzler the location of the proposed Highway 3 underpass and the source and purpose of funding reserves. Commissioner Husain asked for an explanation of the park and ride facility and whether or not it corresponded with the Robert Street Corridor plan. Mr. Brotzler also gave an explanation of the City’s Pavement Management Program and gave an update of the 42/52 interchange project. Commissioner Weber asked about the possibility of a water treatment facility and Mr. Brotzler gave an explanation of the City’s Utility and Water Plan as it relates to the water treatment plan. MOTION by Powell to find the 2013-2022 Capital Improvement Plan in Compliance with the Rosemount Comprehensive Plan. Second by DiNella. Ayes: 6. Nays: None. Motion approved. Reports : 8.a. December Planning Commission Meeting Senior Planner Zweber reminded the Commission that the December Planning Commission meeting will be held on Tuesday, December 11, 2012, because of the Christmas holiday falling on the fourth Tuesday of the month. Mr. Zweber reported that Braun Intertec completed their testing of the soil around the UMore ballfields and of the ten samples collected, there was no asbestos detected. Mr. Zweber reported that the City Council approved the Rosewood Commercial items at their meeting on November 20, 2012, including the C-3 zoning east of Business Parkway and the conditional use permit for the gas station. Further, Mr. Zweber reviewed the traffic study conducted by WSB of the area that shows that the existing roads can support the hotel and the gas station. Mr. Zweber reported that the Dakota Aggregate matter did not go to the Council at their th November 20 meeting due to ongoing discussions with the University regarding the Biscayne th Avenue improvements. The item will likely be on the December 18 meeting agenda. Finally, Mr. Zweber acknowledged Commissioner Demuth’s election to the City Council and that this is her last meeting. As a result of this and Commissioner Ege’s recent resignation, the City Council plans to revise the Planning Commission Ordinance to allow for a five member Planning Commission instead of seven. Chairperson Powell thanked Commissioner Demuth for her service as a Planning Commissioner. Adjournment There being no further business to come before this Commission, the meeting was : adjourned at 8:37p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary