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HomeMy WebLinkAbout2009-12-16 PACKET 04.A.i.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # z1 A DATE 12/16/09 . 1 . 10:101:1 rlel7i Community Development ORIGINATING DEPARTMENT Howard Blin STAFF AUTHOR COUNCIL ACTION REQUEST Receive and place on file the approved minutes for the Planning Commission's meeting on October 26, 2009. STAFF RECOMMENDATION Receive and place on file the approved Planning Commission minutes for the meeting on October 26, 2009. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ® PLANNING 11/23/09 ❑ ® ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ❑ MEMO /LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMEPJDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Planning Commission minutes from meeting on October 26, 2009 ADMINISTRATORS COMMENTS o City Administrator Date COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER City of Cottage Grove Planning Commission October 26, 2009 A meeting of the Planning Commission was held at Cottage Grove City Hall, 7516 — 80th Street South, Cottage Grove, Minnesota, on October 26, 2009, in the Council Chambers and telecast on Local Government Cable Channel 16. Call to Order Chair Messick called the Planning Commission meeting to order at 7:00 p.m. Roll Call Members Present: Obid Hofland, Steve Messick, Brian Pearson, Ryan Rambacher, Jim Rostad, David Thiede Members Absent: Michael Linse, Tracy Poncin, Chris Willhite Council Liaison: Councilmember Justin Olson Staff Present: Howard Blin, Community Development Director John McCool, Senior Planner Approval of Agenda Thiede made a motion to approve the agenda. Hotland seconded the motion. The motion was unanimously approved (6 -to -0 vote). el Messick asked if anyone wished to address the Planning Commission on any non - agenda item. No one addressed the Commission. Chair's Explanation of the Public Hearing Process Messick explained the purpose of the Planning Commission, which serves in an advisory capac- ity to the City Council, and that the City Council makes all final decisions. In addition, he ex- plained the process of conducting a public hearing and requested that any person wishing to speak should come to the microphone and state their full name and address for the public record. Planning Commission Minutes October 26, 2009 Page 2 of 5 conditional use permit to allow for EMCF equipment to be installed on the tower at Cottage Grove City Hall, 7516 — 80th Street South and a variance application to allow the proposed equipment cabinet to be located outside of an enclosure. McCool summarized the staff report and recommended approval based on the findings of fact and subject to the conditions stipulated in the staff report. Justin Bannworth, FMHC, 7400 Metro Boulevard, Suite 260, Edina, stated they are working with Clearwater Communications to bring a new alternative for high speed internet to the City of Cottage Grove as well as the Twin Cities metro area. Thiede asked if these antennas were only for internet. Bannworth responded they are for high speed wireless internet with a telephone component as well. Thiede asked if they are shooting a different type of signal. Bannworth stated yes. Thiede asked if the water towers have reached the saturation point for antennas. Bannworth responded as part of this process, the city has re- quired that they conduct an intermodulation study to determine if there would be any inter- ference. The lease language will be written such that they would be prohibited to locate if their antennas create any conflict with existing antennas. Messick asked if these antennas different than the line of sight ones that were approved last year. McCool responded that it is similar technology as it relates to the telephone but the internet system would be different. Messick asked if their technology for wireless internet would go di- rectly to a PC as opposed to a router. Bannworth responded there still is a router to it; the differ- ence is users would not be required to plug into a cable jack as everything is wireless except the power source but it operates the same. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Hofland made a motion to recommend approval of the variance based on the findings of fact and subject to the conditions listed below. Pearson seconded. Findings of Fact: A. The proposed cabinet is 55 inches tall, 25 inches wide, and 30 inches deep. This size is smaller than the emergency generator and diesel fuel tank that is west of the pro- posed cabinet location. P. The lattice tower is a triangular shape structure that is 120 feet in height. The existing lattice tower has a greater visual impact than the proposed equipment cabinet. C. The owner of the equipment cabinet will have restricted access to the cabinet if placed inside the police garage. Access to the cabinet if placed inside the police garage will be limited during early morning hours or weekends. individuals authorized to access the equipment cabinet would need to make an appointment with a city employee so that they could be escorted to the cabinet. With the cabinet outside, access to the cabinet is not restricted nor does it required a city employee to be present. D. There are four evergreen trees east and northeast of the lattice tower's base and the grade elevation between the Park Grove Library and City Hall is higher. Public view of the proposed equipment cabinet will be mostly obscured by the evergreen trees from the northeast direction. Planning Commission Minutes October 26, 2009 Page 3 of 5 Conditions of Approval: ?. All applicable permits (i.e., building, electrical, mechanical) and a commercial plan re- view packet must be completed, submitted, and approved by the Building Official, Fire Marshal, and Public Works Director prior to the commencement of any construction activities. 2. The applicant must schedule a pre- construction meeting with the Public Works Direc- tor before work can begin. 3. No construction or installation of equipment on the subject sites may commence until the applicant/permittee has entered into a lease agreement with the City for leasing city - owned land or buildings, access, antenna installation on the water tower, and all other details recommended by the City Attorney. 4. Advertising on the antennas is prohibited. 5. Outdoor storage is prohibited. 6. Color and sample materials for all cables, antennas, and mounting brackets/braces must be submitted to the Public Works Director for final approval prior to issuance of the building permit. City specified manufactured colored coaxial cable will be required (painted coaxial cable will not be accepted). 7. No significant change in the use or design of the antennas may be made without the Public Works Director's consent. Minor modifications to service or use may be consi- dered if such changes will not cause the antennas to violate the performance standards set forth in the City Codes or the conditions of this conditional use permit. 8. Utilities must be installed underground as approved by the Public Works Director. 9. The applicant must submit detailed construction plans and specifications of the pro- posed antenna facilities and related equipment to the Department of Public Works for re- view. All proposed plans and specifications including the location and attachment of the proposed antenna equipment will require final approval from the Public Works Director prior to the issuance of a building permit. Motion passed unanimously (6 -to -0 vote). Other Action Items 7.1 Jamaica BP — Extend Conditional Use Permit Linn Companies has requested an extension to their conditional use permit and site plan re- view for the redevelopment of the BP gasoline /convenience store with a car wash at 8490 East Point Douglas Road South. Blin summarized the staff report and recommended approval of the conditional use permit exten- sion, stating that no circumstances have changed that would warrant reopening the conditional use permit. He noted that they plan to start construction next year. Planning Commission Minutes October 26, 2009 Page 4 of 5 Rostad made a motion to recommend the extension of the conditional use permit for the redevelopment of the Jamaica BP station. Thiede seconded. Motion passed unanimously (6 -to -0 vote). 7.2 Review of 3M Grading Permit McCool summarized the staff report and recommended approval of the conditional use permit for 3M's grading permit to clean up hazardous waste on their property. Rostad asked if there was anything in place to monitor load restrictions on the trucks carrying out material. Mark Gates, 3M Project Manager, answered that as part of the bid process, the con- tractor will be required to ensure that the truck weights are appropriate for the roads. Rostad asked what the purpose is for removing the sand bar material. Gates responded that they are working under a consent agreement with MPCA for this entire site as well as other sites in the Twin Cities. This portion of the project is an Interim Response Action Plan that was ap- proved by the MPCA. The overall project includes removal of waste materials from the East Cove Area, which is actually the discharge point for the wastewater treatment facility at their plant. The East Cove area sediments are targeted for removal. In the investigative stage of this project, they did multiple sampling through all of the areas, and they found low concentrations within the sand bar area but there are a couple little areas just outside the discharge channel for the plant that had elevated areas of PFCs. There will be limited removal in the sandbar area but the entire East Cove area will be done. Messick asked if the materials that need to be sent to Michigan would be going out on rail or on trucks. Gates responded on trucks. He clarified that their target chemical is the PFCs and the clean up level agreed with the MPCA is the total reference value for PFOA and PFOS. Materials that go to SKB need to be non - hazardous so they have to meet the criteria for non - hazardous waste. Any materials that exceed conventional contaminants have to go to a hazardous waste landfill. Based on the sampling, they believe 75 to 90 percent of the material will meet SKB's criteria with the remaining amount going to Michigan on trucks. Thiede made a motion to recommend approval of the conditional use permit for the grad- ing permit at 3M. Hofland seconded. Motion passed unanimously (6 -to -0 vote). a �. s • • • . • a . 1 f Rambacher made a motion to approve the minutes of the September 28, 2009, meeting. Motion seconded by Thiede. The motion passed unanimously (6 -to -0 vote). -•• 9.1 Recap of October City Council Meetings Blin reported on City Council actions taken at their meetings on October 7, 2009, and October 21, 2009. Planning Commission Minutes October 26, 2009 Page 5 of 5 9.2 Response to Planning Commission Inquiries None 9.3 Planning Commission Requests None Adjournment Thiede made a motion to adjourn the meeting. Hofland seconded. Motion passed unanim- ously (6 -to-O vote). The meeting adjourned at 7.28 p.m.