HomeMy WebLinkAbout4.a. Approval of the December 18, 2017, Regular Meeting Minutes
PLANNING COMMISSION
REGULAR MEETING MINUTES
December 18, 2017
I. REGULAR MEETING
CALL TO ORDER:
Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on
Monday, December 18, 2017. Planning Commissioner Chair Kenninger called the meeting to order at 6:30
p.m. with Commissioners VanderWiel, Clements, Mele, and Freeman. Also in attendance were Community
Development Director Lindquist, Senior Planner Klatt, Planner Nemcek and Recording Secretary
Fasbender.
The Pledge of Allegiance was said.
ADDITIONS OR CORRECTIONS TO AGENDA: None
AUDIENCE INPUT: None
CONSENT AGENDA:
a. Approval of the November 28, 2017 Regular Meeting Minutes
Motion by Clements Second by Mele
Motion to approve the minutes of the November 28, 2017 Regular Meeting Minutes
Ayes: 4 Nays: 0
Chair Kenninger abstained from voting due to not being present at the November 28, 2017 meeting.
PUBLIC HEARING:
5.a. Request by Shafer Contracting Co., Inc. for annual renewal of a Small Scale Mineral Extraction
Permit for 2018. (17-44-ME)
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
The public hearing opened at 6:36 p.m.
Public Comments:
Motion by Clements to close the public hearing
Second by Freeman
Ayes: 5 Nays: 0. Motion Passes
The public hearing was closed at 6:37 p.m.
Additional Comments: None
Motion by VanderWiel to recommend that the City Council renew the Shafer
Small Scale Mineral Extraction Permit for 2018, subject to the terms and conditions in the
attached Draft 2018 Conditions for Mineral Extraction.
Second by Clements
Ayes: 5 Nays: 0. Motion Passes
5.b. Request by Dakota Aggregates for an annual renewal of a Large Scale Mineral Extraction Permit
for 2018. (17-46-ME)
Senior Planner Klatt gave a brief summary of the staff report for the Planning Commission.
Commissioner Clements inquired if the internal hall road will be extended with each new mining phase.
Klatt stated that the sand pile and haul road will remain in its current location. Clements inquired when the
berm will be removed. Klatt stated that the berm is required by the City and as the mining shifts South the
berm will shift further to the south as well.
Commissioner Freeman inquired about the noise monitoring and if the city has any regulations for the
monitoring. Klatt stated that the City does not have any additional requirements.
Chair Kenninger asked if the 24 hour is limited to specific projects throughout the year. Klatt stated that
certain mining and hauling activities were assigned specific hours.
Commissioner Clements clarified that there have not been any formal complaints about the site. Klatt stated
that the formal complaints received by the City were noted in the staff report.
Commissioner VanderWiel inquired if the formal complaints were reported during the day or at night. Klatt
stated that they were reported during the night.
Klatt stated that in terms of issues with Dakota Aggregates, noise has been discussed during previous
reviews and they have better evaluated their sound by conducting a sound report from a vendor hired by
Dakota Aggregates. The site would be allowed to perform within certain recommended guidelines by this
sound report that was conducted in 2016.
Staff stated there were two police calls documented for the site in 2017. One occurred in May and the
second in September due to equipment that was not working properly and maintained. Both issues were
dealt with in a timely manner by Dakota Aggregates.
The public hearing opened at 7:12 p.m.
Public Comments:
Shaun Nelson (City Council Member), 14388 Bentley Way, stated that he has concerns about the sound
testing that was completed. The sound box was placed at ground level and surrounded by grass that may
have provided a buffer for the sound. Mr. Nelson stated that he has not called 911 to file a complaint
because he knows how much it costs to make such call. Mr. Nelson stated that he is not requesting that the
mine be shut down but that the 24-hour operation permit not be allowed and that it be changed to what our
surrounding communities enforce with daytime to early evening hours.
James Carlson, 14431 Bayberry Circle & 14376 Bayberry Circle, stated that the number of complaints that
have been reported have been more than two as staff stated earlier. Mr. Carlson stated that he has personally
contacted Rosemount Police Department more than twice. One of the calls that he is aware of has been at
12:23 a.m. Mr. Carlson stated that he also is not requesting that the mine not get their permit but that they
not be allowed to operate 24 hours a day. Mr. Carlson stated that he is unable to open his windows and that
he has to constantly have his air conditioner running so that his family can sleep. Mr. Carlson stated that he
moved into his property long before Dakota Aggregates started mining.
Gary Nelson, 14432 Bayberry Circle, stated that he moved into his house in 2003. Mr. Nelson stated that he
is concerned with the noise that is continuous and during the early morning hours that is often disruptive to
their household. Mr. Nelson continued that there is a noticeable increase to the amount of dust and dirt that
is pushed towards their neighborhood.
Tim Becken, Dakota Aggregates, stated that at the North end of the property the excess sand pile that
continues to get hauled out of the property. Once that pile is gone then the materials can be moved from
the South. Mr. Becken stated that the equipment is being used down low. That was from a recommendation
from the noise consultant a few years ago. Mr. Becken stated that there is a two-part issue with the berm.
The first is that the berm was constructed larger than original design. The second part is that Dakota
Aggregates is using the land and then they will be turning it back over to the University of Minnesota for
development. The status of the berm will stay in place until all mining on the north end is complete.
Chair Kenninger inquired what kind of impact would changing the 24-hour operation have on the Dakota
Aggregate business. Mr. Becken stated that with the Minnesota winter weather they can only operate the
mine 30-32 weeks per year. Due to the compressed season of mining they need to operate with two shifts,
Monday-Friday (20 hours total), with an occasional Saturday shift. The hauling is currently running 24-
hours. Dakota Aggregates has attempted to adjust the hours, shift the equipment, as they continue to
address issues that the residents have had. Changing the hours of operation would have a dramatic impact
on their completion schedule.
Commissioner Mele inquired about how much mining may be completed by 2020. Mr. Becken stated that
the economy is very different from when the agreement originally began and that they are two or three years
ahead of schedule.
Shaun Nelson, 14388 Bentley Way, stated that if Dakota Aggregates changes their operating hours to 7:00
a.m. to 10:00 p.m., they could make up any lost hours on Sunday. Mr. Becken responded that Dakota
Aggregates does not operate on Sundays in order to be considerate of their staff.
Commissioner Clements inquired as to how many police calls were actually made in reference to Dakota
Aggregates noise. Clements inquired what surrounding municipalities are doing with mining operations. Mr.
Becken stated that staff will have to answer the inquiries on the police calls. Dakota Aggregates is only aware
of two calls. Mr. Becken stated that there are surrounding municipalities operating with similar hours.
Chair Kenninger questioned if the hours of operation were changed to 7:00 a.m. to 10:00 p.m. how would
that impact the business. Mr. Becken stated that it would be difficult to find staff to work on Sundays.
Motion by Clements to close the public hearing
Second by Mele
Ayes: 5 Nays: 0. Motion Passes
The public hearing was closed at 7:43 p.m.
Additional Comments:
Commissioner Mele inquired if there were indeed more than two complaints received by the police.
Community Development Director Lindquist stated that the calls should have been linked to one specific
address so that they could be located easier. Commissioner Clements questioned if it would be okay to table
this item. Lindquist stated that the item doesn’t need to be finalized at this meeting.
Commissioner VanderWiel expressed concern about the sound testing as it was only done over a three-day
period and conducted by a contractor paid by Dakota Aggregates. VanderWiel stated that she would prefer
the testing be conducted by the City of Rosemount and by spot inspections versus a three-day period.
VanderWiel questioned if there is a trigger included in the permit that if a certain number of complaints are
heard over the summer the Commission could address them right away instead of waiting until this time
next year. Senior Planner Klatt stated that there is a condition that if there are violations the permit may be
reviewed Council. Community Development Director Lindquist stated that the mining and hauling often get
lumped together.
Commissioner Kenninger suggested that a base line of the sound testing be conducted on a Sunday during
non-operating hours in order to compare it to the operating hours.
Commissioner VanderWiel questioned if the sound study monitored the hauling along with the mining.
Klatt stated that it includes all sounds. Klatt stated that there was only hauling taking place out of the South
mine and not the North min during the sound study.
Commissioner VanderWiel recommended that this item is continued to a future meeting to look into some
of the issues further before it is approved by the Commission.
Motion by Clements to continue this item to the next meeting date of January 23, 2018.
Second by VanderWiel
Ayes: 4 Nays: Mele. Motion Passes
A public hearing will not be required, but if desired or if commissioners find fit during the meeting, the
commission can open it up to the public.
6. OLD BUSINESS: None
7. NEW BUSINESS: None
8. REPORTS: Community Development Director Lindquist stated that the Land Use Plan/Comprehensive
Plan is still in progress.
9. DISCUSSION: None
10. ADJOURNMENT
There being no further business to come before Commission, Kenninger adjourned the meeting at
8:14 p.m.
Respectfully submitted,
Erin Fasbender
Recording Secretary