2015.02.17 PC Minutes - Laserfiche WebLink

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PLANNING COMMISSION PROCEEDINGS Regular Meeting — February 17, 2015 7:00 p.m. Present: Chairperson Bruce Howard, Commissioners Paul Banker, Marvin Deick, Susan Erickson, and Erin Nichols - Matkaiti Absent: Commissioners Steve Danger and Verne McPherson Also Present: Janice Gundlach- Assistant Director of Community Assets & Development/Planning Director, and Gina Bauman - Councilmember Agenda Review: There were no changes to the agenda. Minutes from January 20, 2015: Motion by Commissioner Erickson, seconded by Commissioner Banker, to approve the January 20, 2015 meeting minutes as presented. Approved 5 -0. Council Action: Councilmember Bauman provided the Commission with an update from the City Council. She reviewed the items discussed by the Council at their February 10`' meeting. She discussed a grant agreement that the City would be entering into with the Minnesota Department of Safety that would provide the City with a fulltime DWI officer. She explained she would be serving as the Chair of the Cable Commission. She reviewed a presentation that was rovided to the Cable Commission by CenturyLink regarding the services they would hope to offer in the metro area. Public Hearing: (A) Belair Excavating requests a Zoning Code Amendment impacting Article 7 of Chapter 6 (Environmental Constraint Overlay Area) of the Zoning Code, a Site Plan review, and Special Use Permits, facilitating a 17 acre expansion of their current operation, consisting of the exterior storage of black dirt, bituminous, and concrete and aggregate crushing, onto adjacent land to the southeast of 2200 Old Highway 8 NW. Planning Director Gundlach reported Staff and the applicant are once again requesting the Belair Excavating requests are tabled to the March 17, 2015 Planning Commission meeting. Public hearing notices were mailed to property owners on February 5th so there is a possibility interested parties could attend the hearing. Staff recommends taking public testimony from individuals who do not wish to return in Mach, then making a motion to table the request to the March 17'h Planning Commission meeting. Staff does not intend to provide a presentation nor would staff advise discussion beyond taking public testimony. The applicant has provided written request to extend their review period to March 31, 2015. The main areas of concern include: 1. The applicant's desire to construct a 1000' rail siding on their expansion property, and 2. The applicant's desire to commercially sell salt (which could be delivered to the site via rail). Planning Director Gundlach explained that on January 16, 2015 the applicant submitted a letter from an attorney claiming the city cannot regulate rail operations, including the delivery of any commodity to Belair's expansion property, because "the Interstate Commerce Commission Termination Act preempts almost all local attempts to regulate rail operation, including those on a shipper's track". The applicant, City staff, and our respective attorneys met on Monday, February 9th to discuss the applicant's claim their expansion property falls under federal preemption that prohibits the City from ,stricting certain land uses related to rail operations. The applicant's attorney is claiming the preemption is fairly broad and covers Belair's 17 acre expansion property beyond the boundaries of the railroad's easement. The City Attorney doesn't necessarily believe the preemption to be this broad but, there are no cases in the 8th circuit court that give clarity