2010 Agendas / Minutes

MINUTES
ROGERS PLANNING COMMISSION
NOVEMBER 16, 2010

CALL TO ORDER
The meeting of the Rogers Planning Commission was held on November 16, 2010 at 7:00 p.m. was called to order with Commissioners Stanley, Ihli, Noto, Kornovich, Breun, and Denker present.  

Also present were City Planning Consultant Rose Lorsung, Deputy Clerk Splett and Councilmember Bell.

Member(s) excused:  Knapp, Terhaar, and Olsen.

OPEN FORUM
No one wished to speak.

SET AGENDA
Chairman Noto inquired if there was anyone who wished to place an item on the Agenda.

The following was added to “Other Business”
  • Planning Commission advertisement for openings

CONSENT AGENDA*
A.  Approval of the October 19, 2010 Planning Commission Minutes
Commissioner Ihli  moved, Commissioner Breun seconded a motion to approve the Consent Agenda.

On the vote, all members voted AYE.  Motion carried.

PUBLIC HEARINGS
A.  Public Hearing to Consider a Request by Reynolds Food Packaging, LLC for Preliminary and Final Plat Approval of Reynolds Addition, the Replatting of Lots 1 through 6, Block 1, Rogers Plastic Center and a Variance for Side yard Setback
Planning Consultant Lorsung provided the background information commenting on the following:
  • Change of ownership request for a zoning letter triggered a review of the properties and the request for replatting to clean up the lot lines
  • Lot lines were crossing through the buildings on the property
  • Property has one variance granted for rear yard setback, but also now requires one for a side yard setback that they are unable to meet
  • Applicant is not increasing the use of the property, only decreasing the non-conformities
  • Noise issues were brought up at the last meeting that need to be addressed
  • Applicant has not yet addressed the noise issues

Chairman Noto opened the meeting for public comment. 

The following comments were registered:
Rory Duggan, Attorney representing the applicant:  We disagree with the noise issues/violations.  We have not been notified by the City of these issues.  We are in compliance with the MPCA.  I will listen to what the residents/neighbors have to say and bring it back to my client.  My client has spent time and money in the past reducing noise issues and replatting the property as requested by the City.
Donna Zimmer, 22470 Quail Circle:  For 15 years we have lived directly behind this business.  10 years ago is when the noise issues began.  Mr. Duggan said that his client has spent money on addressing the noise issues, but it was TIF dollars that the City used to do the improvements.  I have pictures here of the wrapping on the pipes.  These pipes are used to transfer the plastics. The pipes were wrapped 10 years ago as part of addressing the noise issues, but they have not been maintained at all.  As you can see, the wrapping is coming off.  The large doors are left open and you can hear all the noise from inside and from the exterior fans.  Trains come through and pick up empty cars or drop off cars anywhere between 9:30 – 10:30 p.m.  Semi-trucks are also used for delivering and pickup which is also a noisy process.  They are lacking in doing maintenance on the equipment and building.  The hours of operation are excessive – at 2:00 a.m. they are still running equipment and loud speakers.  During the summer you cannot sit outside and enjoy the evening as it is never quiet.  The zoning of this property does not work with residential.  History prevails – issues have not been fixed.
Commissioner Denker inquired if he was correct in that there is no expansion being requested here.
Planner Lorsung stated that is correct.  The site is maxed out and there is not room for any expansion of the buildings.  They can expand the internal operations which we cannot stop.
Commissioner Denker stated that we have two separate issues to deal with here.
Planner Lorsung stated that she received a verbal update from the Public Works Superintendent of how the noise problems were addressed 10 years ago.  Doors were to be kept closed, maintenance was to be done on the pipes, and fans were to blow to the north not the south.  If they blew to the north it would be towards the freeway.
Commissioner Denker inquired about the hours of operation.
Rory Duggan, Attorney for applicant stated that this is a 24 hour business with the majority of the work done during the daytime.  Production has been scaled back approximately 40-45% during the past 10 years.  Deliveries happen mostly during the day.  Can’t control when the train makes it deliveries.  I was unaware of the wrapping of the pipes coming off and will make sure that they are aware of this.  There is no expansion happening.  The City requested that the property be replatted to clean up the property lines.
Commissioner Ihli inquired what is your response to what the community has stated here.
Rory Duggan:  I will discuss this with Reynolds regarding the maintenance.  We have not received any type of notification from the City that we are in violation of a noise ordinance or noise complaints.  The facility has been there long before the neighborhood was developed.
Donna Zimmer:  We were here before the processing building.  Once we moved in and the noise issues began we addressed the City Council and the current administrator at that time.  The operation at that time was nothing compared to what it is now.  I have a letter from the MPCA that states the operation is to be suspended at 8:00 p.m. every evening.
Mike Zimmer, 22470 Quail Circle:  They said no problem when asked to wrap the pipes.  But they are not maintaining them.  Why can’t they put the pipes underground that would eliminate the problem. They did the noise abatement with the testing equipment on the ground – not on the top of the berm. 
Commissioner Stanley inquired if the berm was put in later or was it there.
Mike Zimmer stated that the berm was there.
Commissioner Kornovich stated that a list of concerns for the business should be written up.
Commissioner Noto asked if the noise items should be dealt with separately from the replat and variance requests.  The maintenance of the pipes does need to be addressed.  To summarize the complaints, they all are the noise issues.

Commissioner Ihli moved, Commissioner Denker seconded a motion to close the public hearing.

On the vote, all members Ihli and Denker voted AYE, with members Stanley, Noto, Kornovich and Breun voting NAY.  Motion failed.

The Planning Commission discussed the following:
  • Two separate issues – replat was requested by the City – there is no reason to deny
  • The nuisance, noise, PCA issues need to be addressed and brought into compliance.  Meet with applicant to discuss options and document
  • Mr. Duggan stated that these are 2 separate issues.  Should you attempt to condition the approval of the plat or variance with noise issues the applicant will withdraw and not complete the platting.
  • Address noise issues – have tests done in the summer by MPCA
  • Reynolds has made a good faith effort to correct the platting issue

Commissioner Noto moved, Commissioner Kornovich seconded a motion to recommend that the Planning Commission continue the public hearing to the December meeting to allow the applicant to study and address the noise issues at the property.

On the vote, all members Stanley, Noto, Kornovich, Breun voted AYE and members Ihli and Denker voted NAY.  Motion carried.

B.  Public Hearing to Consider a Request by Flame Metals for Site Plan Approval of a 984 sq.ft. breakroom addition and a 2806 sq.ft. warehouse addition, located at 12450 Ironwood Circle.
Planning Consultant Lorsung provided the background information commenting on the following:
  • Platted in 2007 with the City
  • Adding a break room, addition to warehouse and a loading dock
  • All easements required in 2007 have been recorded
  • Truck radius is questionable – not enough radius
  • MnDOT recommends that the northerly curb cut be removed

Chairman Noto opened the meeting for public comment. 

The following comments were registered:
Commissioner Noto asked if he had any concerns or comments with the recommendation tonight
Reg Plowman stated that the last project they did in 2007 it was recommended that they put the northerly entrance in; the garbage containers will be moved inside, the dirt pile actually belongs to Malmborg’s next door.  I will be meeting with the Fire Chief regarding the turnaround easement.
Other than that, the recommendation is okay with me.
Commissioner Kornovich stated that the curb cut could have been a request by the Fire Chief to provide for the fire trucks.
Planner Lorsung stated that we can amend condition number 1.

Commissioner Breun moved, Commissioner Denker  seconded a motion to close the public hearing.

On the vote, all members voted AYE.  Motion carried.

The Planning Commission discussed the following:
  • Fire Chief to review the plans

Commissioner Denker moved, Commissioner Kornovich seconded a motion to recommend approval to the City Council subject to the following conditions:
  1. The Fire Chief and Public Works Superintendent must review the multiple access points off of Ironwood Circle and decide if the northerly access nearest County Road 81 should be eliminated.
  2. Provide the City with an updated grading and erosion control plan for the bump out area related to the truckturning radius near the loading dock and area near the NURP pond regarding the large dirt pile.
  3. The City requires all refuse to be stored in the building after the building addition is completed.
  4. Provide the City with a bid cost estimate of all exterior site plan improvements.
  5. The developer and owner must execute a developer’s agreement.
  6. The developer or owner must provide a letter of credit for 150% of the amount of the external improvements.
  7. The City must review and sign off on final plans.
  8. The City must review and approve the building permit.
  9. The City Fire Chief must approve the plans.
  10. The Resolution of approval must be recorded.

On the vote, all members voted AYE.  Motion carried.

NEW BUSINESS
A. Planning Commission Review of Modification to Development Program and TIF Plans
Finance Director Wieland provided the background information on this item, commenting on the following:
 • Administrative step required by the State of Minnesota when modifying the City’s Municipal Development District #1 or any TIF district plan
 • Boundaries of the Municipal Development District #1  must match the current City limits due to the Phase II annexation in August
 • TIF District #11 TIF plan modification is needed to increase the estimated costs and authorize the acquisition of additional road right-of-way related to the CSAH 13 (Brockton Lane) and South Diamond Lake Road intersection improvements
 • TIF #10 budget needs to be aligned with actual expenditures prior to the expiration of the district and that plan will authorize pooling for the intersection improvement costs

The Planning Commission discussed the following:
  • No redevelopment at this time, but could be in the future
  • Finance Director Wieland stated that she is in the planning stage of a “TIF 101” workshop to provide general information on TIF – benefits, negatives, etc. to help the new Councilmembers and Planning Commissioners understand TIF and appreciate it.

Commissioner Noto moved, Commissioner Ihli seconded a motion to approve Resolution No. 2010-51, A Resolution Finding Modifications to Development Program for Development District No. 1 and to the Tax Increment Financing Plans for Tax Increment Financing District Nos. 1a, 1b, 9, 10, 11, 12, 13, 14 and 15 Consistent With the Plans for Development of the City of Rogers.

On the vote, all members voted AYE.  Motion carried.

OTHER BUSINESS
• Planning Commission Advertisement for Openings
Chairman Noto wanted to take this time to congratulate Commissioners Ihli and Stanley on their becoming Councilmembers.

He also stated that he saw the notice in the paper advertising for applications for the Planning Commission.

No action taken.

ADJOURN
Commissioner Breun moved, Commissioner Stanley seconded a motion to adjourn the meeting at 8:06 p.m.

On the vote, all members voted AYE.  Motion carried.