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HomeMy WebLinkAboutPC and CC minutes PLANNING COMMISSION REGULAR MEETING MINUTES December 9, 2014 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday,December 9, 2014. Chair Miller called the meeting to order at 6:30 p.m. with Commissioners Kurle, VanderWiel, and Kenninger. Also in attendance were Senior Planner Zweber, Planner Lindabl, and Recording Secretary Roudebush. The Pledge of Allegiance was said. Additions to Agenda: None Audience Input: None Consent Agenda: a. Approval of the October 28`h, 2014,Meeting Minutes MOTION by VanderWiel Second by Kenninger Ayes: 4. Nays: 0. Motion Passed. Public Hearing: 6.a. Request by Vesterra/Stonex,LLC for a Renewal of a Mineral Extraction Permit Through 2015 (14-60-ME). The applicant,Jonathan Wilmshurst of Vesterra LLC/Stonex LLC,requests renewal of the Vesterra and Stonex mineral extraction permit for 2015. The subject properties are located south of Bonaire Path, 'A mile west of Blaine Avenue (County Road 71). The properties are owned by Flint Hills Resources which leases them back to the applicant for mineral extraction. While Flint Hills Resources and Vesterra,LLC/Stonex, LLC are parties to this application, the responsibility for securities and compliance with the conditions remains with Vesterra and Stonex as the property lessee. Upon review of the mineral extraction standards,police records and the information submitted by the applicant, staff recommends renewal of the permit for 2015. Chair Miller wondered if the date for Condition C is correct date. Planner Lindahl stated that the date should be amended to December 31, 2018 for Stonex portion and. to 2022 for Vesterra Mr.Miller also inquired if staff has observed any reclamation.Mr. Lindahl stated that he inspected the site last week and vegetation has been established. Commissioner Kurle confirmed that there have been no complaints this year.Mr. Lindahl stated that in 2013 there were dust control issues, but none this year. The public hearing was opened at 6:39 pm. Public comments: none PLANNING COMMISSION REGULAR MEETING MINUTES December 9, 2014 PAGE MOTION by Kenninger to close the public hearing. Second by Knde. Ayes: 4. Nays: 0. Motion Passes. The public hearing was closed at 6:40 pm. Additional Comments: None MOTION by Kenninger to recommend the City Council renew the Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2015, subject to: 1. Provision of a surety bond as required under item M of the 2015 Conditions for Mineral Extraction. 2. Provision of a certificate of comprehensive general liability insurance as required under item N of the 2015 Conditions for Mineral Extraction. 3. Amend date on item C of the permit to 2018 for Stonex and to 2022 for Vesterra Second by Kude Ayes: 4. Nays: 0. Motion approved. 6.b. Request by Shafer Contracting for a Renewal of a Mineral Extraction Permit Through 2015 (14-61-ME). Shafer has been working on the site since 1998 and owned the property since 2000. Through September 30, 2014, Shafer has removed and paid aggregate taxes on 59,629 cubic yards of sand. Shafer had removed a total of 123,955 cubic yards aggregate in 2013 and 120,569 cubic yards aggregate in 2012. Shafer hauled back 621 cubic yards of clean fill in 2014 and 29,274 cubic yards of clean fill in 2013. For 2015, Shafer has a significant portion of the 35E reconstruction project north of Downtown St. Paul. For the 35E project,Shafer expects to mine about 90,000 cubic yards of material and bring in about 125,000 cubic yards of haul back material. Chair Miller inquired how deep the well is on the Ista/Berglund property. Nit. Zweber stated that he doesn't have that information. The public hearing w-as opened at 6:52 pm. Public comments: Joan Schnieder, 12255 Rich Valley Blvd, stated that her quality of life has gone down greatly within the past year. Her main concern is dust; she hasn't been able to open her windows in years. Her second concern is the water pond located on the site. It is omitted from the pictures in the staff report. She wants to know how deep pond is, there is water out there year round and cattails are growing. She also stated that there is no point in complaining because nothing is done if they do PLANNING COMMISSION REGULAR MEETING MINUTES December 9, 2014 PAGE 3 complain. She mould like an independent party to come out measure depth of pond. She stated that someone needs to protect their interests. Amy Berglund, 12131 Rich Valley Blvd,works for The City of Inver Grove Heights in the water department. She took in a sample of her water to test for coliform and the water was deemed not safe for drinking. Her next step is to test water aquifer. Commissioner Miller asked if the well has been shocked with Chlorine before. She stated that it was and the problem came back within the year. She is also unsure sure how deep the well is. Frank Weiss of Shafer Contracting stated that they have abandoned their well they had onsite;it was thought that well caused interference problems with the neighboring wells. Wates is hauled into site daily to address dust. Water collects from snow melt and rain depending on precipitation levels in a pond on the nine. The water in the pond has not been tested. MOTION by Kenninger to close the public hearing. Second by Kurle. Ayes: 4. Nays: 0.Motion Passes. The public hearing was closed at 7:01 pm. Planner Zweber addressed some of the concerns brought up in the public hearing. The pictures provided were taken on September 30, 2014 and at that time there was no standing water. The pictures in the staff report show the lowest point in mine. Total coliform comes from many sources, but wouldn't travel through the soil the distance to the Ista/Berglund well. The mine is not source of the coliform. The M nnesota Department of Health website states that coliform is common in soil and the intestines of animals. The applicant is following the requirements set forth in the Ordinance which limits the amount of area open to mine to 19.5 acres. Mining does create dust and the Ordinance is meant to mitigate for the dust but not completely eliminate it. Chair Miller inquired as to what the correct protocol is pertaining to dust control. Mr. Zweber stated that if a complaint is received, that the City can tell Shafer to apply water and/or calcium chloride to reduce dust. Mr. Miller also stated that the photos help them understand the site layout. He inquired if staff would be willing to do quarterly visits to understand the conditions in varying environments. Mr. Zweber stated that he is willing to do three site visits a year between April and November but doesn't see any benefit to in visiting in the winter months. Commissioner Kenninger inquired as the proper procedure to express complaints about dust. Mr. Zweber stated that they can either call City staff directly or contact the police. Ms. Kenninger confirmed that if they called the police they would only document the issue and pass along to Mr. Zweber on the next business day and there would be no immediate action. Ms. Kenninger inquired if there is anything the City can do to monitor the dust. Mr. Zweber stated that without extended visits to the site it is hard to address all dust issues. Shafer is required to provide receipts of calcium chloride to show proof they are managing dust. Ms. Kenninger wondered if the Planning PLANNING COMMISSION REGULAR MEETING MINUTES December 9, 2014 PAGE 4 Commission could tour site next year once operations resume to gain a better understanding of the situation. Mr. Zweber stated that talk with Mr. Weiss he will set something up for next September. Commissioner Kude inquired if additional trees or coverings would help situation. Mr. Zweber showed the location of existing trees in the inspection photos. Mr. Zweber stated that the permit is a quasi-judicial decision and if Shafer is meeting the Ordinance and permit conditions, the Planning Commission must recommend approval of the permit. MOTION by Kenninger to recommend the City Council renew the Shafer Mineral Extraction Permit for 2015, subject to the terms and conditions in the attached 2015 Draft Conditions for _'vEneral Extraction. Second by VanderWiel Ayes: 4. Nays: 0. Motion approved. 6.c. Request by Flint Hills for an Interim Use Permit for 70 Blast Resistant Modules, 14 Blast Resistant Tents, and 2 Temporary Warehouses (14-59-IUP). Flint Hills Resources LP (FHR) has applied for an Interim Use Permit (IUP) to install up to seventy (70) blast resistant modules (BRMs), fourteen (14) blast resistant tents (BRTs) and two (2) temporary warehouses to provide space for break periods and safety shelters for contract workers. Currently, FUR has an IUP for sixty (60) BRMs and two (2) temporary warehouses that was approved on December 17, 2013 and an IUP for ten (10) BRTs that was approved on February 3, 2014. This request will replace those two IUPs and would allow ten (10) additional BRMs and four (4) additional BRTs. The public hearing was opened at 7:21 pm. Public comments: Don Kern Flint Hills was on hand to address any questions. Chair Miller inquired if Flint Hills is OK with condition #3 concerning the setback. Mr. Kern stated that is acceptable,he has already discussed with Mr. Zweber what can be done. Mr. Kern also stated that in the spring they will review current screening vegetation and fill in holes in the screening along Rich Valley Blvd and Blaine Blvd. MOTION by Kenninger to close the public hearing. Second by Kurle. Ayes: 4. Nays: 0. Motion Passes. The public hearing was closed at 7:24 pm. MOTION by Kenninger to recommend the City Council approve an Interim Use Permit to Flint Hills Resources for up to Seventy(70) Blast Resistant Modules, Fourteen (14) Blast Resistant Tents and two (2) temporary warehouses, subject to the following conditions: PLANNING COMMISSION REGULAR MEETING MINUTES December 9, 2014 PAGE 5 I. This approval would replace Resolution 2013-101 approving sixty(60) temporary blast resistant modules and two (2) temporary warehouses and Resolution 2014-15 approving ten (10) temporary blast resistant tents. 2. The Interim Use Permit expires 12/31/2019. 3. The placement of the Blast Resistant Modules (BRMs), Blast Resistant Tents (BRTs) and temporary warehouses is limited to the areas shown on the Blanket Agreement Area map. No BRMs, BRTs or temporary warehouses are allowed within 300 feet of the Rich Valley Boulevard right-of-way. 4. The Heavy Industrial Site and Building Standards are waived to allow metal and fabric buildings within the areas shown on the Blanket Agreement Area map. No temporary metal or fabric buildings are allowed within 300 feet of the Rich Valley Boulevard right-of-way. 5. Each building and trailer requires a building permit and shall conform to all applicable building and fire codes. 6. The applicant must obtain a grading permit prior to grading or installation of the temporary buildings. 7. The applicant is required to install additional conifers along.Rich Valley Boulevard near the Blanket Agreement Area upon inspection by the City and taking into consideration gaps for access, pipelines or utility corridors Second by Kurle Ayes: 4. Nays: 0. Motion approved. Miller recuses himself from the Spectro Conditional Use Permit review due to potential conflict of interest due to his employer being a consultant for Spectro. 6.d. Request by Spectro Alloy for a Conditional Use Permit to Install a Custom Clean Charge System (14-62-CUP). The applicant, Spectro Alloy Corp (Spectro),requests a conditional use permit (CUP) to allow the installation and construction of outdoor structures to process and recycle aluminum scrap without smelting. This process is called Custom Clean Charge (CCC) by the industry. A CUP is required because the CCC equipment and associated outdoor structures will result in the site having a total aggregate area of outdoor structures in excess of 15% of the total gross area of the principal building. If the gross area of outdoor structures and equipment was under 15%, the request could be administratively approved. The Staff recommends approval of the request subject to conditions. Kenninger confirmed that the CUP is good for as long as Spectro operates their business or if any other permitted use in the GI: General Industrial bought the property. If operation ceases for more than 12 months then the CUP would be void. She also inquired what happens if they CCC is removed. She wondered if there is a possibility of them adding additional outdoor storage. Mr. Zweber stated that the CUP is not required for outdoor storage, the CUP only relates to outdoor structures. The public hearing was opened at 7:43 pm. PLANNING COMMISSION REGULAR MEETING MINUTES December 9, 2014 PAGE 6 Public comments: Luke Palen with Spectro Alloys was on hand to answer any questions. The Planning Commission had no questions for Mr. Palen. Paul Curtis with Enders Processing stated that Spectro has been a good neighbor and is supportive of the CUP. MOTION by Kurle to close the public hearing. Second by VanderWiel. Ayes: 3. Nays: 0.Motion Passes. The public hearing was closed at 7:45 pm. Additional Comments: None MOTION by Kurle to recommend the City Council approve a Conditional Use Permit to Spectro Alloy to allow Outdoor Structures in Excess of 15% of the Gross Floor Area of the Principal Building to Install a Custom Clean Charge (CCC) System, subject to the following: 1. New outdoor structures shall not be closer than 40 feet from the bluff line. 2. The total aggregate area of outdoor structures shall not exceed 30% of the total gross area of the principal building. 3. Outdoor scrap or waste storage shall not occur within 400 feet of the Minnesota Highway 55 right-of-way. Second by VanderWiel Ayes: 3. Nays: 0. Motion approved. Old Business: none New Business: none Reports: City Council Work Session Tuesday, December 9": Regional Indicators Initiative Report on Rosemount's Greenhouse Gas Emissions. Next Meeting will be in the 4"'Tuesday in January Adjournment: There being no further business to come before this Commission, Chairperson Miller adjourned the meeting at 7:48 p.m. Respectfully submitted, Amy Roudebush, Recording Secretary ROSEMOUNT CITY COUNCIL 6.b. REGULAR MEETING PROCEEDINGS DECEMBER 16, 2014 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, December 16th,2014 at 7:00 p.m. in the Council Chambers at City Hall, 2875 145`x' Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe-Corrigan, Weisensel and Demuth attending. Staff present included City Administrator Johnson, Community Development Director Lindquist, Director of Public Works Brotzler, Parks and Recreation Director Schultz, Fire Chief Schroeder, Communication Coordinator Cox, and City Clerk Hadler. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated there were a couple of corrections to the original agenda. These include adding the correct Fee Schedule on Consent Item 6.c. and correct Joint Powers Agreement document on Consent Item 6.q. Motion by Droste. Second by Shoe-Corrigan. Motion to Adopt the Agenda with stated changes. Ayes: DeBettignies, Shoe-Corrigan, Droste, Weisensel, Demuth Nays: 0. Motion carried. PRESENTATIONS 3.A. DONATION FROM SKB ENVIRONMENTAL FOR THE ROSEMOUNT ACTIVITY CENTER Community Development Director Lindquist gave an overview of the presentation. John Domke and Don Chapdelaine from SKB Environmental were in attendance to present donation to the City of 9$400,000 for the Rosemount Activity Center. Mr. Domke addressed the Council, stating he applauded the Council's efforts and stated SKB is very supportive of the Activity Center project. Council members each thanked Mr. Domke for the donation and support. 3.13. PRESENTATION BY STEVEN CHAVEZ, MET COUNCIL City Administrator Johnson introduced Steven Chavez,who is the District 15 representative on the Metropolitan Council. Mr. Chavez gave a presentation which outlined what the Met Council is and some of their roles in the region. Mr. Chavez explained the process of the Regional 10 year Planning Cycle, branded"Thrive 2040". Mr. Chavez gave some responses to comments received from the City of Rosemount regarding the Transportation Policy Plan. Mayor Droste asked Mr. Chavez to clarify the way the Met Council views equity. Mr. Chavez stated they look at it as equitable access to opportunity, but noted it is a subjective measure. Mayor Droste asked Mr. Chavez whether the Met Council will be doing any more outreach as they move forward with Thrive 2040. Mr. Chavez stated he wasn't aware of any, but there may be some planned and they are open to suggestions. Council member DeBettignies inquired of the Met Council's plans for housing and their responses to the City's comments on that. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 16, 2014 Council member Demuth stated she appreciated the Met Council's management of ground water and stated the she would appreciate Mr. Chavez's support for the City's proposed future water reuse plans. Mr. Chavez stated he would support such an effort. 3.C. RECOGNITION FOR OUTGOING COUNCIL MEMBER KIM SHOE-CORRIGAN Mayor Droste presented Council Member Shoe-Corrigan with a plaque and key to the City in recognition of her 19 years of service to the City. She served on the Planning Commission and 12 years on the City Council. PUBLIC COMMENT CONSENT AGENDA Motion by DeBettignies. Second by Shoe-Corrigan. Motion to Approve the Consent Agenda the updates that were recognized earlier. a. Minutes of the December 2nd, 2014 Regular Meeting Proceedings b. Approval of 2015 Liquor License Renewals c. Approval of the 2015 Schedule of Rates and Fees d. Approval of Franchise Extension and Control Change for Charter Cable C. Inter-city Passenger Rail Study f. Approval of City Council Travel g. Request by Spectro Alloy to Issue a Conditional Use Permit to Allow Outdoor Structures in Excess of 15% of the Gross Floor Area of the Principal Building to Install a Custom Clean Charge System h. Request by Shafer Contracting to Renew their Mineral Extraction Permit through 2015 i. Request by Flint Hills for an Interim use Permit for 70 Blast Resistant Modules, 14 Blast Resistant Tents, and 2 Temporary Warehouses j. Accept Donation from SKB Environmental for the Rosemount Activity Center k. Bills Listing 1. Budget Amendments m. Replacement of 1991 Ford Grass Rig n. Tree City USA Recertification o. Service Agreement—Rosemount Area Arts Council (RAAC) p. Declare Surplus Property— Police Department q. Joint Powers Agreement for Dakota County Electronic Crimes Task Force r. Payment 4& Final -TH 3 Underpass Project, City Project 443 s. Approval to Submit an Application to the Dakota County Community Development Agency for a Redevelopment Incentive Grant Ayes: DeBettignies, Shoe-Corrigan, Droste, Weisensel, Demuth Nays: None. Motion carried. OLD BUSINESS NEW BUSINESS ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 16, 2014 ANNOUNCEMENTS Mayor Droste reviewed the calendar of events. City offices will be closed for the holidays on Christmas Eve, Christmas Day and New Year's Day. The next City Council meeting will be held on Tuesday,January 6th,2014, at 7:00 p.m. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Weisensel, second by DeBettignies, the meeting was adjourned at 7:40 p.m. Respectfully Submitted, Clarissa Hadler, City Clerk