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HomeMy WebLinkAbout2013-01-28 PC MinutesCity of Cottage Grove Planning Commission January 28, 2013 A meeting of the Planning Commission was held at Cottage Grove City Hall, 7516 — 80th Street South, Cottage Grove, Minnesota, on Monday, January 28, 2013, in the Council Chambers and telecast on Local Government Cable Channel 16. Call to Order Chair Rostad called the Planning Commission meeting to order at 7:00 p.m. Roll Call Members Present: Ken Brittain, Elijah Harter, Neal Heurung, Lise' Rediske, Jim Rostad, Maureen Ventura Members Absent: Brian Pearson, Chris Reese, Randall Wehrle Staff Present: Jennifer Levitt, Community Development Director /City Engineer John McCool, Senior Planner Justin Olsen, City Councilmember Approval of Agenda Ventura made a motion to approve the agenda. Harter seconded. The motion was ap- proved unanimously (6 -to -0 vote). Open Forum Rostad 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 Rostad explained the purpose of the Planning Commission, which serves in an advisory capacity to the City Council, and that the City Council makes all final decisions. In addition, he explained the process of conducting a public hearing and requested that any person wishing to speak should go to the microphone and state their full name and address for the public record. Public Hearings and Applications 6.1 Aggregate Industries 2013 Mining Permit — Case MP13 -001 Aggregate Industries — North Central Region has applied for their 2013 mining permit to continue their mining operations on Lower Grey Cloud Island. Planning Commission Minutes January 28, 2012 Page 2 of 5 McCool summarized the staff report and recommended approval based on the findings of fact and subject to the conditions listed in the staff report. Brittain asked about future development of Grey Cloud Island. McCool reviewed the master plan from the 1980s and the 1995 revised plan for the Island. Harter asked what was occurring that caused the decrease in tonnage of material between 2007 and 2008. Patty Christensen, Aggregate Industries, 2915 Waters Road, Eagan, responded that the reduced excavation was due strictly to economic conditions. Rediske made a motion to approve the mining permit application with variance based on the findings of fact and subject to the conditions listed below. Ventura seconded. Findings of Fact: A. The city has allowed the dredge to operate 24 hours per day seven days per week since 1995 when the dredge was first installed. B. Since the dredge has been operation, only one noise complaint was received by the city. That complaint was received in 1996. The applicant was contacted and the problem was resolved in a timely manner. C. Residents are encouraged to immediately contact Aggregate Industries of any noise issues so that the problem can promptly be identified and mitigated in a timely manner. D. The variance relating to the hours of operation will be evaluated annually. Conditions of Approval. 1) The provisions as stipulated in Title 3, Chapter 10 of the City's Codes (Mining, Sand, and Gravel Operation) shall be complied with, except as modified below. 2) The applicant is responsible for removing any materials that may have spilled onto any public roadway. This material shall be cleaned up immediately. 3) The outer edge of mining limits must be a minimum of 100 feet from abutting public right -of -way, private property, or any archeological sensitive area. 4) The "future mining" designation on the 2013 Operations Plan is only an illustra- tion of the applicant's future desire to mine in those areas. City approval of the 2013 Operations Plan does not guarantee mining permit approval for areas shown as "future mining." Approval of the 2013 Mining Permit does not approve their ability to mine within the required 200 -foot setback from the Mississippi River, within the Mississippi River itself, or in the vicinity of archeological sensitive areas. 5) Bituminous /asphalt materials are prohibited from being buried on the premises. Bituminous /asphalt, concrete, and street sweepings originating within the geo- Planning Commission Minutes January 28, 2012 Page 3 of 5 graphical boundaries of Cottage Grove may be temporarily stockpiled on the site for processing (e.g. crushing, screening, etc.) and /or reuse. 6) The applicant may operate the mining operation 24 hours a day, 7 days a week. Upon notification by neighboring residents that the night -time operations (i.e. be- tween the hours of 10:00 p.m. and 6:00 a.m.) are disturbing, the applicant agrees to voluntarily cease operation during night -time hours until such time the noise source is identified and appropriate corrections are made. 7) Aggregate Industries must install erosion control devices at the base of any slope where erosion is evident. A drainage swale must be constructed at the base of any eroding slope to control run -off and divert it to a sedimentation basin before entering any natural drainage system. Erosion control measures must be imple- mented within a reasonable amount of time. 8) Archeological and landmark sites as identified in the burial mound group known as 21 WA9 and the recorded Grey Cloud Townsite 21 WA48 on Lower Grey Cloud Island must be protected and undisturbed. 9) No vehicular traffic is allowed off existing access routes so as not to accidentally disturb or destroy burial mounds or any other archeological sites. 10) The applicant is responsible for obtaining all state and federal permits relating to their mining operations on Lower Grey Cloud Island. 11)The applicant's current reclamation plan is titled "Harbor Island Concept Plan." The City has not provided any formal review or approval of the "Harbor Island Concept Plan" and is only an illustration of a development concept that the appli- cant and landowner have considered. The City's approval of the 2013 Operations Plan does not guarantee approval or imply future approval of the Harbor Island Concept Plan. 12) The City approves the Oak Savanna Reclamation Plan, Revised 9 -3 -10. If a pre- scribed burn is scheduled, the applicant must notify the City and property owners on Lower Grey Cloud Island a minimum of five business days before burning. A burning permit from the MN/DNR is required. Heurung expressed concern about the truck routes from 100th Street. McCool clarified the designated trucking route. He noted that Aggregate Industries is not the only truck hauler on that route. Motion passed unanimously (6 -to -0 vote). Discussion Items 7.1 Update on Allowing Chickens and Ducks on Residential Lots (Public Safety Com- mission Discussion) Planning Commission Minutes January 28, 2012 Page 4 of 5 McCool reviewed the previous steps taken regarding allowing poultry and fowl on residen- tial lots and the future direction to the City Council on February 6, 2013. He also reviewed the Public Safety, Health and Welfare Commission's recommendations. Heurung asked how many families have chickens or ducks on urban lots. McCool responded that there is one property with chickens and one with ducks. Heurung suggested grandfathering the current properties so they can keep their chickens and ducks. McCool stated that because chickens and ducks have never been permitted, there can be no grandfathering. Harter asked about granting an individual variance. McCool stated that they can make ap- plication for a "use" but the court does not recognize that. McCool then discussed a request to allow a service pig. Bob Burtman, 9476 Harkness Court South, read a statement outlining his position to allow poultry and fowl on residential properties. No action was taken by the Planning Commission. 7.2 Workshop Reminder — February 6, 2013 Levitt summarized the meeting details of the West Point Douglas Road workshop that will be held on February 6, 2013, at 5:30 p.m., prior to the City Council meeting. The workshop will include the City Council, Planning Commission, and Economic Development Authority. Approval of Planning Commission Minutes of November 26, 2012 Ventura made a motion to approve the minutes from the November 26, 2012, Planning Commission Meeting. Heurung seconded. Motion passed unanimously (6- to -0 vote). Reports 9.1 Recap of January City Council Meetings McCool summarized the actions of the City Council at their meetings on December 19, 2012, January 2, 2013, and January 19, 2013. Councilmember Justin Olsen introduced himself. He reported that on January 2, the Mayor and Councilmembers, who were re- elected, were sworn in for their new terms. There were 39 to 40 officers sworn in by Public Safety along with the new Fire Chief, Rick Redenius. He provided a summary of the Council Goals Workshop that was held on January 26, in- cluding the public safety direction on emergency medical services. The final for the new Public Safety /City Hall project was $14.9 million, which is significantly less than the original estimate. On February 9, there will be a benefit for Jamie Anderson, who is the daughter of Bruce Anderson, River Oaks golf professional. Olsen also provided a transit update from Washington County, noting that a Red Rock alternatives analysis is underway and there Planning Commission Minutes January 28, 2012 Page 5 of 5 was a 30 percent increase on the transit system in Cottage Grove. Rediske asked where the transit stop will be. Olsen responded in Newport, which is under construction. A discus- sion on transit was conducted. 9.2 Response to Planning Commission Inquiries None 9.3 Planning Commission Requests None Adjournment Brittain made a motion to adjourn the meeting. Rediske seconded. The meeting adjourned at 7:57 p.m.