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HomeMy WebLinkAbout1995.06.28 PC MinutesMINUTES OF THE HUGO The regular meeting was called to order by Chairman Peltier at 7:03PM. PRESENT: Agness, Schumann, Rubenzer, Malaski, Kellison, Peltier Administrator Museus, Attorney Kevin Shoeberg, Donald Wallen, Engineer, Carole LaBelle ABSENT: Miltz-Miller Motion made by Schumann, seconded by Agness to approve the minutes of May 17, 1995 as amended. All aye, motion passed. Motion made by Schumann, seconded by Kellison to approve the minutes of May 24, 1995 as amended. AYE: Agness, Schumann, Kellison, Malaski, Rubenzer ABSTAIN: Peltier Motion passed. Commissioner Schumann noted that a motion to table is not an issue for discussion. After a second it should be voted on immediately. Mr. Harley Johnson, Jr., 14196 Fenway Avenue, has requested a Special Use Permit to construct a 66' X 48' pole barn at the above address. The property is currently zoned RR1, which allows 1,200 sq. ft. of accessory buildings. This property is subject to an existing SUP permitting a 48' X 63' structure already located on the site. Mr. Johnson has stated that he needs the additional building to store farm equipment related to his sod business. Mr. Johnson was not present to address questions from the Commission. There was no comment from the public. The public hearing was closed. Motion made by Schumann, seconded by Rubenzer to recommend approval of the request of Harley Johnson for a special use permit to construct an accessory building 66' X 48' for storage of sod farming equipment. AYE: Agness, Schumann, Rubenzer, Malaski, Peltier NAY: Kellison Mr. David Lutz and Mrs. Lorna Lutz have requested to subdivide an aproximately 57.7 acre parcel of land described as the north 68 1/4 rods of government Lot 2, and all of Government Lot 3, in Section 25, T31N, R21W, Washington County, Minnesota. The property is zoned agricultural and lies within the lakeshore district of North School Section and South School Section Lakes. The Lutz's propose to subdivide the property into three parcels of 20.1, 20.3 and 17.3 acres in size. All the lots meet the dimensional requirements of the City's zoning ordinance and shoreland ordinance. The area lies within the Browns Creek Watershed District. The P.C. Minutes - June 28, 1995 page 2 Naikonde on the mito ha«o hevn dp\ineated by the Washington County Soil and Water Conservation District. The City has received notification from Washington County Department of Public Works that driveway permits will be issued for connection to C.R. 57. Percolation tests have not been performed on the site. There were no comments from to public. The hearing was closed. Motion made by Schumann, seconded by Rubenzer to recommend approval of the subdivision request of David and Lorna Lutz to subdivide 57.7 acres into three lots subject to the following conditions. 1. Approval of septic site locations by the Washington County Department of Health. 2. Ponding and flowage easements be provided identified wetlands on the site. 3. Locations be identified on the site plan of the flood plain boundaries which will for ground water separation and building 4. Payment of parkland dedication fee. All aye, motion passed. to the City for all for home construction outside meet the City's requirements setback requirements. Richard A. Carron and Darrel B. Hansen have requested a Special Use Permit to conduct mining, and related operations on property they own in the northwest quadrant of 140th St. and Irish Ave. This matter has been the subject of litigation between the City, River City Asphalt, and a citizen group known as "Hugo 2000". The SUP is based on a settlement agreement entered into between the concerned parties and a review of the mining plans by the Rice Creek Watershed District. The public hearing was opened for comment. Mr. Jonathan Miesen, attorney for Hugo 2000 proposed several changes to the settlement agreement including a three strike rule, strict enforcement of operational hours, a definition of the term "operations", berming, truck traffic, and other issues. Several area residents expressed their concerns regarding the same issues as listed above and also that when complaints are made about traffic there is no response from the City or the Sheriff's department. Administrator Museus stated that the conditions of the settlement agreement would not be amended at this point but any other requirements or restrictions should be included in the Mining Permit or Special Use Permit. Commissioner Malaski stated that as part of the group Hugo 2000, she would abstain from voting on this issue and any comments she would make would be as a private citizen and not a representative of the planning commission. Mr. Carron stated that they are currently working on the first 20 acres of the 80 acres total, which will be reclaimed before moving on to the next 20 acres. The original 40 acre site has been exhausted. P.C. Minutes - June 28, 1995 page 3 Certain members of the Hugo 2000 group commended River City Asphalt for their efforts in accommodating the neighbors on a difficult issue. Kellison made motion to table this request until the owners bring in additional information reqardinq berminq and a reclamation plan. Motion withdrawn. After discussion and advice of Counsel, the following motion was made. Motion made by Schumann, seconded by Peltier to recommend approval of the Special Use Permit request of River City Asphalt to operate and mine gravel at 140th St. and Irish Ave. subject to the following conditions. I. Permit Holder may mine gravel and other materials from the property for a period of no more than eleven (11) years beginning on November 1, 1993, and ending on November 1, 2004. No mining operations of any type shall take place on the Property after November 1, 2004. 2. Permit Holder may operate one asphalt plant on the forty -acre parcel for a period of no more than five (5) years beginning on November 1, 1993, and ending on November 1, 1998. No asphalt plant shall be operated on the forty acre parcel after November 1, 1998. No asphalt plant shall be operated on the eighty acre parcel at any time. 3. Permit Holder may operate one rock crushing plant on the property for a period of no more than eight (8) years beginning on November 1, 1993, and ending on November 1, 2001. No rock crushing plant shall be operated on the property after November 1, 2001. 4. The termination dates set forth in condition #1, above, are absolute and may not be extended under any circumstances. 5. Permit Holder shall not operate an asphalt plant using gravel from the property on any property located within a one (1) mile radius of the property. 6. On November 1, 2001, the last day on which a rock crushing plant may be operated on the property, Permit Holder shall not have more than fifty thousand (50,000) tons of gravel or other material stockpiled on the property. 7. Permit Holder shall mine the 80 acre parcel in phases. Each phase shall relate to a twenty (20) acre portion of the 80 acre parcel. When each phase is completed, Permit Holder shall substantially reclaim the current twenty acre parcel before mining a new twenty acre parcel. Reclamation shall be conducted by Permit Holder in accordance with a reclamation plan approved by the City after a properly noticed public hearing. 8. Permit Holder shall not conduct any mining operations of any type within one hundred twenty five (125) feet of the boundary lines of the property on the west, south, and east sides. Permit Holder shall not conduct any mining operations of any type within fifty (50) feet of the boundary line of the property on the north side. 9. Permit Holder's hours of operation shall be 7:00AM to 6:00PM, Monday through Friday. Permit Holder shall not conduct any operations on the property prior to 7:00AM or after 6:00PM, except that Permit holder may have trucks haul materials away from the property until 7:0OPM. Permit Holder may occasionally conduct operations on the P.C. Minutes - June 28, 1995 Page 4 property on Saturdays from 7:00AM to 3:00PM with three days' prior notice to the City. The term "occasionally" as used in this paragraph shall mean no more than twelve (12) Saturdays per year and no more than three (3) Saturdays per month. Permit Holder shall not conduct any operations of any type on the property on Sundays or legal holidays. 10. Permit Holder shall construct berms around the asphalt plant on the west, south, and east sides with stockpiles of gravel or other material not less than thirty (30) feet above the level of the ground where the asphalt plant is located no later than June 1, 1994. The purpose of these berms shall be to direct the noise of the asphalt plant upwards towards the sky rather than outward towards the surrounding properties. Permit Holder shall also construct a berm along the open spaces of the south border of the 80 acre parcel (areas where there are no trees or wetlands) ten feet above the current level of the ground to screen the asphalt plant and gravel pit from County Rd. 8A. 11. No new access roads shall be constructed on the property unless and until approved by the City after a properly noticed public hearing. Haul roads will be Irish Avenue, between 152nd St. and County Rd. 8A, and 152nd St. to County Rd. 57. Any exception to these routes must be approved by the City Council. 12. This permit is issued subject to compliance with Rice Creek Watershed District Permit #94-121, dated June 7, 1995, and the conduct of all mining operations and related activities in accordance with the approved site plan, attached as Exhibit "A". 13. Update a detailed and specific plan for reclamation including landscaping. 14. Applicant provide a substantial deposit to the City for reclamation. 15. Define the term "operation", specify operation of equipment and provide a list of equipment used on the site. 16. Development an enforcement policy to ensure compliance with the conditions of the settlement agreement, SUP, and Mining Permit. AYE: Agness, Schumann, Rubenzer, Kellison, Peltier ABSTAIN: Malaski Ed Elliott, of Loucks and Associates provided the Commission with copies of the Land Use Guide Plan and concept plan. He encouraged all members to critique the documents extensively. A meeting to discuss the comp plan was scheduled for July 13, 1995, 7:00PM. Motion made by Peltier, seconded by Rubenzer to recess the meeting until July 13, 1995, 7:00PM, Hugo City Hall. All aye, motion passed. Carole LaBelle, Secretary Hugo Planning Commission