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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