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HomeMy WebLinkAbout20130910 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 10, 2013 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, September 10, 2013. Chairperson Powell called the meeting to order at 6:30 p.m. with Commissioners Husain, Weber, and Kurle present. Commissioner Miller was absent. Also in attendance were Senior Planner Zweber and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda:None. Audience Input: None. Consent Agenda:None. Public Hearing : 5.a. Request by SKB Environmental for an Interim Use Permit including an Expansion to their Senior Planner Zweber reviewed Landfill which would Fill Wetlands (Case 13-16-EAW, 13-17-IUP). the staff report. This is a continuation of the public hearing opened on August 27, 2013. Chairperson Powell expressed his concern with the Planning Commission approving the wetland replacement plan before the technical evaluation panel (TEP) had reviewed it and stated that this does not follow the sequencing process. Mr. Zweber stated that previous TEP panels have stated they prefer purchasing existing credits rather than replacement. Mr. Zweber further stated that in residential situations, subdivisions can be redesigned to lessen or avoid impact of losing wetlands and still keep the same number of lots. In commercial or industrial situations, Mr. Zweber stated that if the entire site is being occupied by the business, there will be an impact. Chairperson Powell stated that the sequencing process should apply no matter what type of development and no assumption should be made that there definitely would be an impact in a commercial or industrial situation. He asked Mr. Zweber if the Commission was required to act on the wetland replacement plan and Mr. Zweber replied that it is past practice that the Commission give a recommendation but was unsure whether or not it was required. The public hearing was re-convened at 7:19p.m. Rick O’Gara, SKB Environmental, approached the Commission and stated the landfill expansion will maximize the use of their facility and the land that they own. He said he was available to answer questions from the Commissioners. Commissioner Kurle asked the applicant for an estimated time frame of when the landfill will be full. Mr. O’Gara stated it is hard to predict how fast it will grow but if business continues growing at the current pace, it could be a 20 year time frame rather than 30. th Commissioner Weber asked about the berm along 140 as the southern boundary of the landfill fills up. Mr. O’Gara stated the landfill is set back from road and there will be a berm between the road and the landfill with a flat slope up to the final height of the landfill. Also, Mr. O’Gara stated the berm will have more than 100 feet of exposed surface with plantings and trees per the tree restoration plan as required by the City. Mr. Zweber showed where the berm will be located on the site plan diagram. PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 10, 2013 PAGE 2 Commissioner Husain asked the applicant if they considered any alternate options of expanding the facility without expanding Cell 6 and eliminating the wetland. Mr. O’Gara showed the land they own on the aerial map and stated they researched all areas of the land they own and determined there were no other options available. Commissioner Husain asked Mr. O’Gara if SKB had any issues complying with the masonry requirement for the facility. Mr. O’Gara replied that he did not have any problems with the City’s requirements. Commissioner Kurle asked if SKB has researched any new technologies in landfills such as gasification as options in the future when the landfill reaches capacity. Mr. O’Gara stated that most of the waste gathered at the landfill is not very conducive to gasification and they try to recycle as much as possible of the C&D waste depending on what comes in. He further stated that with the transfer facility, they are looking at higher technology options of recycling. Commissioner Husain asked if there is a concern of the power lines emitting electro magnetism that would affect the waste in the landfill. Mr. O’Gara showed the Commission where the power lines and poles are located and stated he doesn’t believe there will be any issues. He further stated the power company knows of the expansion and they have not expressed any concerns. Chairperson Powell asked if that is why the power company is moving the poles to a different location. Mr. O’Gara replied they are moving the poles because they run right through Cell 6 due to the prior expansion, not the current requested expansion. Chairperson asked the applicant if SKB is familiar and comfortable with meeting all of the other conditions of approval. Mr. O’Gara replied that they are. th Myron Napper, 3381 145 St E, approached the Commission and stated that SKB does a wonderful job and he fully supports their operation. MOTION by Husain to Close the Public Hearing. Second by Weber. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:42pm. Chairperson Powell stated although there is sufficient background information in the application relating to the wetlands, he does not feel recommendation by the Planning Commission on the wetland replacement plan is necessary, especially since the TEP panel has yet to review it and therefore would like to remove the wetland replacement plan from the recommendation. MOTION by Powell to Recommend that the City Council Approve the Interim Use Permit, Environmental Assessment, and Wetland Replacement Plan to Allow SKB Environmental, Inc. to Expand their Landfill by 8,475,814 Cubic Yards, subject to the following Conditions: 1.Any MSW brought to the recycling and transfer facility shall be stored indoors during the entire time that it is on site. 2.A vermin control plan for the composting site and the recycling and transfer facility shall be prepared and approved by City staff that may include the plan being prepared by a pest and vermin control professional and periodic inspections of the facility by a pest or vermin control professional. 3.The recycling and transfer facility shall be constructed of 100% masonry for any side facing the boundary of the facility and 40% masonry for the remaining sides. 4.Stormwater Basins 6A, 6B, 6C and associated grading shall be removed from within 50 feet PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 10, 2013 PAGE 3 th of the 140 Street East centerline. 5.A replacement plan for groundwater monitoring wells U-2S, U-2D, U-6D, U-7S, and U-7D that has been approved by the Minnesota Pollution Control Agency shall be submitted to the City. 6.Petroleum Contaminated Soil shall not be used in the composting operation. 7.Sewage Sludge used in the composting shall not exceed the Minnesota Pollution Control Agency and Environmental Protection Agency Region 5 Residential Soil Reference Values (SRVs) for perfluorocarbons (PFCs). 8.The Industrial Waste deposited in the saddle area of Cell 3F/5D shall not exceed the contamination limits set in the Dakota County Solid Waste Ordinance Variance. 9.City Engineer’s Memorandum dated August 21, 2013. Second by Husain. Ayes: 4. Nays: None. Motion approved. Old Business None. : New Business None. : Reports Senior Planner reminded the Commissioner that there will not be any meeting on : September 24, 2013, but there will be a meeting on Tuesday, October 8, 2013. Adjournment There being no further business to come before this Commission, Commissioner : Weber made a motion to adjourn, seconded by Commissioner Kurle. The meeting was adjourned at 7:44p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary