3.b) 01-07-2013 Special Meeting . � 3. e)
January 7, 2013
The Scandia Planning Commission met for a Special Meeting on the above date. The purpose of
the meeting was to continue deliberation on the Conditional Use Permit for the Zavoral Mine and
Reclamation Project (Tiller Corporation, Applicant). Chair Christine Maefsky called the meeting
to order at 7:00 p.m. The following were in attendance: Commissioners Jan Hogle, Tom Krinke,
Steve Philippi, Peter Schwarz and Commission Chair Christine Maefsky. Staff present: City
Administrator Kristina Handt, City Planner Sherri Buss, Attorney Vince Stevens and Deputy
Clerk Brenda Eklund.
APPROVAL OF AGENDA
Schwarz, seconded by Krinke, moved to approve the agenda as presented. The motion
carried 5-0.
CONDITIONAL USE PERMIT FOR ZAVORAL MINE AND RECLAMATION
PROJECT. TILLER CORPORATION, APPLICANT
Com�nission Chair Maefsky explained that staff had prepared two draft resolutions for the
Commission to consider. A resolution to approve the CUP had been updated with conditions as
discussed at the January 2, 2013 meeting. Maefsky stated that Commission members had
expressed areas of concern throughout the past meetings. By direction given at the January 2,
2013 meeting, staff also prepared a draft resolution to deny the CUP based on findings submitted
by the Co�nmissioners.
The Commissioners began with a review of the draft resolution to deny the CUP. The resolution
evaluated the criteria for Conditional Use Permits as contained in the City's Development Code,
Chapter 1, Section 8.0 Conditional Use Permits, 8.4 General Criteria. The findings listed the
issues in which the proposed project did not comply with the criteria.
City Administrator Handt read through Finding #1 and directed the Commissioners to select
which Comprehensive Plan should apply to support their recommendation and findings, either
the 2020 or 2030 Comprehensive Plan. The application was received in November 2008, prior to
adoption of the current 2030 Comprehensive Plan in March 2009. The new plan eliminated
gravel mining as an allowed use at the Zavoral site.
Commissioner Schwarz stated that he was under the impression that the 2020 Comprehensive
Plan, which was in effect at the time of Tiller's submission, was the only choice, and asked if
this was binding.
Attorney Stevens explained that the City had adopted a resolution supporting this determination,
but theoretically the new plan could be applied, unless the applicant can prove "manifest
injustice".
Commissioner Philippi stated that one could argue that the City had never given up the discretion
to apply the new plan and could change the decision of which Comprehensive Plan the
application should be considered under. Commissioner Schwarz stated that he doesn't see any
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Scandia Planning Commission
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other legal option than to apply the 2020 Comprehensive Plan and the City is bound by their
decision.
Krinke, seconded by Maefsky, moved to proceed to review the findings for denial based on
the current 2030 Comprehensive Plan. The motion carried 4-1, with Schwarz opposed.
Administrator Handt noted that Findings 1-5, Section A in the draft resolution, would therefore
be eliminated now that it has been decided to use the 2030 Comprehensive Plan. One of the
remaining findings concluded that the proposed mine failed to meet the criteria of being in
harmony with the general purposes and intent of the City's Development code and applicable
Comprehensive Plan.
Handt proceeded to read each finding and asked the Commissioners for any changes to the
language of each finding or to decide if it is applicable to the decision to deny. Commissioner
Philippi had submitted suggested resolution clauses prior to the meeting. Three of these were
incorporated into the resolution as they pertained to goundwater issues, property values, and
noise studies.
The Commissioners then began a review of the draft resolution to approve the CUP.
Commissioner Hogle recommended that language be added that would make the TH 97/ Lofton
Avenue safer, and to split the traffic between the two County roads.
Hogle, seconded by Krinke, moved to add a condition stating"All project truck traffic
should use the controlled Manning Avenue intersection when making left-hand turns onto
TH 97". The motion carried 5-0.
Commissioner Hogle also recommended that truck warning signs be installed at the entrance to
the Scandia Mine at 223`a Street and Lofton Avenue. Commissioners were in agreement with this
and Planner Buss noted this addition to Condition#39.
Commissioners were in consensus to recommend the project be completed under Alternative 3 of
the EIS, the 3 to 5 year mining timeframe. Commissioner Schwarz stated that the preferred
length of mining should be no more than three years, with three months allowed for preparing
the site for mining. Planner Buss suggested that a completion time of 39 months could be written
into the Development Agreement with Tiller, from the approval date of the CUP.
Chair Maefsky asked if any Commissioners were ready to put forward a motion for a
recommendation to the City Council.
Krinke, seconded by Philippi, moved to adopt PC Resolution No. 01-07-13-01D, Denying
Conditional Use Permit for the Zavoral Mine and Reclamation Project, with the
amendments as recorded by City Administrator Handt.
Commissioner Philippi asked if he could be allowed to submit his report on property value
research to the Council members before the Council's deliberation on the CUP. Attorney Stevens
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advised that he could as a private resident, but he should not appear to represent the body of the
Planning Commission.
Commissioner Philippi stated his concern that the resolution to deny was too spread out and all
over the place. Chair Maefsky countered that the document appeared to be organized and
defensible.
Chair Maefsky called for a roll call vote on the above motion to recommend to the City
Council to deny the Conditional Use Permit: Hogle—yes; Krinke—yes, Schwarz—
abstained; Philippi—yes; Maefsky—yes. The motion carried 4-0, with Schwarz abstaining.
The City Council will discuss the Planning Commission's recommendation at their January 15,
20l 3 and February l9, 2013 meetings.
ADJOURNMENT
Krinke, seconded by Schwarz, moved to adjourn the meeting. The motion carried 5-0.
The ineeting adjourned at 9:35 p.m.
Respectfully submitted,
Brenda Eklund
Depury Clerk