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03-28-1995 PC MIN ~'m{o)Wf' . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MARCH 28, 1995 Members Present: Vice Chair Kreger, Commissioners Dillon, Minton, Sullivan, Tacheny, and Thompson Members Absent: Chair Kuester Staff Present: Steven B. Ach, City Planner; Stephen Rohlf, Building & Zoning Administrator; Troy Langer, Planning Intern; Debbie Kleckner, Recording Secretary Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7 p.m. by Vice Chair Kreger. . COMMISSIONER SULLIVAN-SLOCUM MOVED TO APPROVE THE MARCH 28, 1995 PLANNING COMMISSION AGENDA. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. The following corrections were noted: Page 9 - Paragraph 7, add "Minton" after the word "Commissioner" - Paragraph 9, change the word "Chair" before 'Minton" to read "Commissioner" COMMISSIONER MINTON MOVED APPROVAL OF THE 2/28/95 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4.... .. ... ...PlClf1nino..CbmmissioH..ReoresenfatWe..fO..Attend4/1.Z/95DitMGoUnCn.MeefiHg.U................ Commissioner Tacheny will attend the April 17, 1995 City Council meeting. . Vice Chair Kreger, excused himself from discussion on this item, citing a potential conflict of interest. Commissioner Minton, was given the duty as "acting vice- chair" for this agenda item. Planning Commission Minutes March 28, 1995 Page 2 . Staff report by Steve Rohlf. Northern Con-Agg has requested to update their conditional use permit for mineral excavation and processing on an approximately 140 acre site, which they lease from Mr. Julius Nemeth. It was noted that Mr. Nemeth has co-signed the application request. The 20 acre shop parcel owned by Northern Con-Agg is not proposed for mining operations. Both the shop site and proposed mineral excavation site were rezoned to "Mineral Excavation Overlay" located directly north of 213th Avenue NW. Steve explained that Northern Con-Agg is requesting an update of their conditional use permit as agreed to through the Environmental Impact Statement process. Steve Rohlf introduced Joe and Ed Eagan, representing Northern Con-Agg. Vice Chair Minton opened the public hearing. There being no comments from the public, Vice Chair Minton closed the public hearing. Vice Chair Minton questioned the 4:1 slopes on the subject property. Steve Rohlf explained that these slopes are temporarily inconsistent until the Plaisted property is mined and County Road 77 will be lowered. Vice Chair Minton questioned whether past complaints by neighboring residents have been addressed, such as noise, odor and dust. Steve Rolhf explained that he met with residents on January 25th and that most of their concerns related to potential problems that could occur. Steve felt the dust issue has been solved for the most part, by watering as much as three times a day. He stated residents may contact the operator directly with a complaint, or direct it to city staff. . Commission Dillon questioned how many trees the applicant intended to plant at the site. Joe Eagan asked that staff provide assistance in determining a number that would be acceptable. He stated that their plans include clusters of trees and tree lines. Steve Rohlf stated that Shiely agreement indicates they will provide 50 trees per acre, with placement to compliment the logical residential development of the property. .. Steve Rohlf explained that it makes sense to mine the property before any residential development occurs, since it is virtually free of trees and only one man- made wetland. He felt that planting trees as part of the reclamation would be a way of giving something back to the land. COMMISSIONER THOMPSON MOVED APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY NORTHERN CON-AGG, PUBLIC HEARING CASE NO. CU 95-04, BASED ON STAFF'S MEMO DATED 3/20/95, INCLUDING THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS . 1. THAT THE CONDITIONS PLACED ON THE OPERATION ADEQUATELY PROTECT ADJACENT NEIGHBORHOODS AND THE CITY FROM DETRIMENTAL AFFECTS FROM THE OPERATION DUE TO EXCESSIVE TRAFFIC, NOISE, SMOKE, FUMES, GLARE, ODOR, DUST, OR VIBRATION. 2. THAT THE OPERATION WILL NOT RESULT IN A LOSS OF NATURAL, SCENIC, OR HISTORIC FEATURES OF MAJOR IMPORTANCE. Planning Commission Minutes March 28, 1995 Page 3 . 3. THAT THE PROPOSAL IS CONSISTENT WITH THE CITY OF ELK RIVER'S COMPREHENSIVE PLAN, MINERAL EXCAVATION ORDINANCE, ZONING ORDINANCE, AND ENVIRONMENTAL IMPACT STATEMENT ON MINERAL EXCAVATION. 4. THAT THE CONDITIONS PLACED ON THE OPERATION REQUIRE IT TO COMPLY WITH ALL APPROPRIATE CITY, STATE, AND FEDERAL REQUIREMENTS. CONDITIONS 1. ALL MINERAL EXCAVATION AND PROCESSING OPERATIONS ON THE PROPERTY SHALL COMPLY WITH THE CITY'S MINERAL EXCAVATION, ZONING, AND OTHER APPLICABLE ORDINANCES; WITH THE TERMS OF THIS CONDITIONAL USE PERMIT AGREEMENT AND THE LICENSE AGREEMENT TO BE EXECUTED BY THE CITY AND OPERATOR; WITH THE CITY OF ELK RIVER'S ENVIRONMENTAL IMPACT STATEMENT ON MINERAL EXCAVATION; AND WITH THE APPLICATION MATERIALS AND PLANS SUBMITTED BY THE OPERATOR, WHICH PLANS AND MATERIALS ARE THE BASIS FOR THE CITY'S APPROVAL OF THE CONDITIONAL USE PERMIT. 2. THE OPERATOR SHALL ORALLY NOTIFY THE CITY OF ANY VIOLATIONS OF THIS PERMIT WITHIN 24 HOURS AND FOLLOW THIS NOTIFICATION IN WRITING, WITHIN 4 WORKING DAYS OF THE VIOLATION. THE OPERATOR SHALL NOTIFY THE CITY ANNUALLY IN WRITING, OF THE TOTAL AREA AND AMOUNT OF MATERIAL MINED, AND PROJECTED ESTIMATES OF AREA AND AMOUNT OF MATERIAL TO BE MINED IN THE FORTHCOMING YEAR. THIS IS TO BE DONE AT THE TIME OF LICENSE RENEWAL. . 3. THE LICENSE MUST BE RENEWED ANNUALLY AND SHALL RUN FROM JANUARY 1ST THROUGH DECEMBER 31ST. THE ANNUAL LICENSE FEE IS THAT WHICH IS SPECIFIED BY CITY CODE AT THE TIME OF RENEWAL. THIS LICENSE FEE IS NOT IN LIEU OF GRAVEL TAX COLLECTED BY THE COUNTY AND A PORTION OF WHICH THE CITY RECEIVES. 4. VIOLATIONS OF THIS CONDITIONAL USE PERMIT MAY RESULT IN SUSPENSION OR REVOCATION. 5. THE CITY BUILDING AND ZONING ADMINISTRATOR AND/OR, HIS/HER AGENTS, SHALL BE PERMITTED TO INSPECT THE OPERATION FOR COMPLIANCE WITH THE CONDITIONS OF THIS PERMIT DURING NORMAL HOURS OF OPERATION. 6. THE CITY'S APPROVAL OF THIS CONDITIONAL USE PERMIT IS SUBJECT TO THE APPROVAL OF APPROPRIATE PERMITS BY OTHER GOVERNMENTAL AGENCIES. 7. NO EXPLOSIVES SHALL BE USED FOR THIS OPERATION. 8. RECLAMATION A. RECLAMATION SHALL BE IMPLEMENTED ON AN ANNUAL BASIS PURSUANT TO THE RECLAMATION PLANS SUBMITTED BY THE OPERATOR. B. EACH YEAR A PLAN FOR THAT YEAR'S RECLAMATION SHALL BE APPROVED BY THE BUILDING AND ZONING ADMINISTRATOR PRIOR TO ISSUANCE OF THE ANNUAL MINERAL EXCAVATION LICENSE. . Planning Commission Minutes Page 4 March 28,1995 -------------------------------------------- . C. A $5,000 DOLLAR LETTER OF CREDIT, BOND, OR DEPOSIT, APPROVED BY STAFF, SHALL BE REQUIRED PRIOR TO THE ISSUANCE OF THE ANNUAL LICENSE TO COVER THE FORTHCOMING YEAR'S RECLAMATION. D. THE RECLAMATION SHALL INCLUDE TOP SOIL FROM THE SITE BEING PRESERVED AND PUT BACK INTO PLACE AFTER MINING. E. THE VEGETATION ESTABLISHED FOR RECLAMATION MUST BE MAINTAINED UNTIL IT IS SELF SUFFICIENT. F. CONTOURS, FINISHED GRADES, DETAILS OF EROSION CONTROL METHODS, AND SETTLING PONDS, SHALL COMPLY WITH THE PLANS SUBMITTED AND THE CITY ORDINANCE AT THE TIME OF RECLAMATION. 9. TRAFFIC A. EXCEPT FOR LOCALIZED JOBS, TRAFFIC THROUGH ELK RIVER ASSOCIATED WITH THIS OPERATION SHALL BE LIMITED TO U.S. HIGHWAY 10 AND 169. 10. DUST CONTROL A. A PERMIT FROM MPCA REGARDING AIR EMISSIONS SHALL BE OBTAINED WHEN REQUIRED AND PARTICULATE EMISSION STANDARDS SHALL BE MET BY THE OPERATION. . B. ALL EQUIPMENT SHALL BE LOCATED AS TO REDUCE DUST TO ADJACENT PROPERTIES. C. WATER, BUT NO CHEMICAL AGENTS, SHALL BE USED TO CONTROL DUST AS NECESSARY. D. THE CITY RESERVES THE RIGHT TO REQUIRE ADDITIONAL MEASURES TO BE TAKEN, IF WARRANTED BY DUST PROBLEMS, INCLUDING BUT NOT LIMITED TO REDUCING STOCK PILE HEIGHTS. 11. HOURS OF OPERATION ALL MINERAL EXCAVATION, PROCESSING, AND SALES ACTIVITIES SHALL BE CONDUCTED BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., MONDAY THROUGH SATURDAY. INCREASED HOURS SHALL REQUIRE AN AMENDMENT TO THIS PERMIT. 12. NOISE A. THE NOISE FROM SCREENING AND CRUSHING ASSOCIATED WITH THIS OPERATION SHALL BE CONTROLLED BY EQUIPMENT LOCATION ON SITE, THE PLACEMENT OF STOCK PILES, AND THE TYPE OF EQUIPMENT USED. B. NOISE LEVELS ASSOCIATED WITH THIS OPERATION, SHALL AT NO TIME EXCEED STATE STANDARDS. . C. THE CITY RESERVES THE RIGHT TO REQUIRE ADDITIONAL MEASURES BE TAKEN, IF WARRANTED BY NOISE. Planning Commission Minutes March 28, 1995 Page 5 . 13. SHOP A. NO UNSCREENED OUTSIDE STORAGE SHALL BE ALLOWED. B. THE OPERATOR SHALL HAVE AN APPROVED HAZARDOUS WASTE LICENSE FOR THIS FACILITY AND PROPERLY DISPOSE OF OR RECYCLE ALL WASTE. 14. LIGHTING LIGHTING FROM THE OPERATION SHALL BE DIRECTED AWAY FROM ADJACENT PUBLIC RIGHT-OF-WAY AND NEARBY OR ADJACENT RESIDENTIAL PROPERTY. GLARE, WHETHER DIRECTED OR REFLECTED AS DIFFERENT FROM GENERAL ILLUMINATION, SHALL NOT BE VISIBLE BEYOND THE LIMITS OF THE IMMEDIATE SITE. ALL SOURCES OF ARTIFICIAL LIGHT SHALL BE SO FIXED, DIRECTED, DESIGNED, OR SIZED, THAT THE MINIMUM SUBTOTAL OF THEIR ILLUMINATION SHALL NOT INCREASE THE LEVEL OF THE ILLUMINATION ON NEARBY RESIDENTIAL PROPERTY BY MORE THAN .1 FOOT CANDLES IN OR WITHIN 25 FEET OF A DWELLING, OR MORE THAN .5 FOOT CANDLES ON ANY PART OF THE ADJACENT PROPERTY. 15. THE PILING, STORING, OR KEEPING OF OLD MACHINERY, JUNK, DEBRIS, OR ABANDONED MOTOR VEHICLES, SHALL BE PROHIBITED ON THIS SITE, WITH THE EXCEPTION THAT REUSABLE PARTS MAY BE STORED ON THE MINERAL EXCAVATION SITE PROVIDED THAT IT IS IN A LOCATION THAT CANNOT BE VIEWED FROM ADJACENT PROPERTIES OR IS TOTALLY SCREENED. . 16. MINING ACTIVITIES SHALL NOT CAUSE EXCESSIVE VIBRATION OFF SITE. IF EXCESSIVE VIBRATION BECOMES AN ISSUE, THE CITY RESERVES THE RIGHT TO TAKE APPROPRIATE MEASURES TO ALLEVIATE THE PROBLEM. 17. GROUNDWATER PROTECTION MEASURES SHALL INCLUDE: A. THE OPERATOR SHALL FILE WITH THE CITY AN EMERGENCY SPILL RESPONSE PLAN. THE OPERATOR SHALL ADHERE TO THIS PLAN IN THE EVENT THERE IS A SPILL. B. THE OPERATOR SHALL PROVIDE THE FIRE DEPARTMENT WITH A COPY OF THEIR FLAMMABLE OR HAZARDOUS MATERIALS. C. FUEL TANKS SHALL BE ABOVE GROUND, PROPERLY DIKED, AND REGISTERED WITH MPCA. D. ALL INCIDENCES THAT HAVE THE POTENTIAL TO ADVERSELY AFFECT GROUNDWATER, INCLUDING BUT NOT LIMITED TO SPILLS, SHALL BE VERBALLY REPORTED TO THE CITY WITHIN 24 HOURS. THIS VERBAL NOTIFICATION SHALL BE FOLLOWED UP IN WRITING WITHIN 4 WORKING DAYS. E. A WATER APPROPRIATION PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES MUST BE OBTAINED. . . . . Planning Commission Minutes March 28, 1995 Page 6 F. THE WELLS LOCATED AT THE JULIUS NEMETH RESIDENCE, THE SCALE HOUSE AND THE WASH OPERATION, SHALL BE MONITORED ONCE A YEAR FOR DIESEL RANGE ORGANICS (DRO). IF MINING IS TO OCCUR BELOW THE WATER TABLE, THE ABOVE WELLS MUST BE MONITORED FOR DRO PRIOR TO EXCAVATION ACTIVITIES COMMENCING AND AFTER THEIR CESSATION. FURTHER, IN THE EVENT OF A SPILL, APPROPRIATE WATER TESTS WILL BE TAKEN UNTIL THE SPILL IS DEEMED CLEAN. G. GROUNDWATER LEVELS SHALL BE MONITORED IN THE WELLS LOCATED AT THE JULIUS NEMETH RESIDENCE, THE SCALE HOUSE, AND THE WASH OPERATION, PRIOR TO THE START OF WASH OPERATIONS AND AN ADDITIONAL 3 TIMES DURING THE FIRST WEEK OF SAID OPERATION TO PREDICT THE LONG TERM EFFECTS OF THE PUMP OPERATION. THEREAFTER, THE AFOREMENTIONED WELLS SHALL BE TESTED A MINIMUM OF TWICE PER MONTH, SAID FREQUENCY TO BE INCREASED DURING DRY PERIODS. THIS ROUTINE TESTING SHALL ALSO BE DONE FOR THE WATER RECYCLING POND. H. WATER USAGE BY MINING ACTIVITY SHALL NOT ADVERSELY AFFECT ADJACENT RESIDENTIAL WELLS. MITAGATIVE MEASURES MAY INCLUDE, BUT ARE NOT LIMITED TO, CURTAILING OF PUMPING ACTIVITIES UNTIL WATER LEVELS RETURN. I. THE APPROPRIATE STORM WATER PERMIT SHALL BE OBTAINED BY THE OPERATOR FROM MPCA. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.2.Qity(jf~lkRive{r~t1ueSff()rQ(:)fHpr~~~~$iVe~()~8bs~~ldn.A:rh~~~fn~~t,~tJ$Ii~< HediindCaseN6jl..UA()5~02tmjifdf6ilirids)> ..... ..... ........ . ....... COMMISSIONER MINTON MOVED TO TABLE THIS REQUEST UNTIL A RECOMMENDATION HAS BEEN RECEIVED FROM THE STEERING COMMITTEE TO UPDATE THE COMPREHENSIVE PLAN REGARDING INDUSTRIAL ZONED PROPERTY IN THE CITY. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER MINTON MOVED TO TABLE THIS REQUEST UNTIL A RECOMMENDATION HAS BEEN RECEIVED FROM THE STEERING COMMITTEE TO UPDATE THE COMPREHENSIVE PLAN. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER TACHENY MOVED THAT THIS ITEM BE CONTINUED TO THE APRIL 25TH PLANNING COMMISSION MEETING. COMMISSIONER SULLIVAN-SLOCUM SECONDED THE MOTION. THE MOTION CARRIED 6-0. Planning Commission Minutes March 28, 1995 Page 7 . Staff report by Steve Ach. The City of Elk River is requesting an ordinance amendment to add a definition for "recycling processing center" and redefine the existing definition of "junkyard" . Also, the amendment would add recycling processing center as a conditional use in the 1-1 (Light Industrial) zoning district and 1-2 (Medium Industrial) zoning district. Commissioner Tacheny questioned how a junkyard use would be distinguished from a recycling processing center. Steve Ach explained that there would be some overlap but the primary difference will be, junkyards allow automobiles and recycling centers will not. He suggested that a distinction could be made in the future by allowing junkyards as a conditional use in the heavy industrial zoning district, and recycling processing centers could be located in the light industrial district. Discussion followed regarding aspects of a recycling center operation which could be addressed in the conditional use permit process. Vice Chair Kreger opened the public hearing. There being no comments from the public, Vice Chair Kreger closed the public hearing. . Commissioner Tacheny questioned if the junkyard definition would prohibit an auto repair facility from having more than two inoperative vehicles on site. Steve Ach stated no because it is assumed that there will be for "short" periods of time vehicles waiting to be repaired. Vice Chair Kreger suggested that the number of inoperative vehicles be stated as four, rather than two. He also suggested that cardboard be added to the list of materials that could be handled at a recycling processing center. Vice Chair Kreger proposed that language be added to the recycling processing center definition to include "where segregated waste materials are reprocessed into usable, salable products." Commissioner Tacheny questioned whether recycling of asphalt would be considered a reprocessing center. Vice Kreger stated that the ordinance allows the recycling of asphalt to be done at asphalt production facilities. He felt that asphalt would be considered a raw material, rather than a resalable, reusable material. Commissioner Minton suggested including motorized equipment under the junkyard definition. Steve Ach proposed that the term "recreational vehicle" could be used. . . . . Planning Commission Minutes March 28,1995 Page 8 Commissioner Dillon indicated how the term "rubber products" related to automobile tires. He stated he did not feel it would be appropriate to allow tires to be collected at a recycling processing center. Steve Ach suggested that automobile tires could be listed as materials excluded from recycling centers. Vice Chair Kreger added that the State of Minnesota allows landfills to store up to 15,000 tires without any additional permits. He added that Elk River Landfill is considering processing tires. He explained that the problem with tires is that they harbor vermin, providing a breeding environment for misquitoes, and are a fire hazard. COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION RECOMMEND APPROVAL OF ORDINANCE 95--1 (PUBLIC HEARING CASE NO. 95-04), BASED ON THE FACT THAT THERE WAS NO PUBLIC OPPOSITION DURING THE PUBLIC HEARING, AND BASED THE INFORMATION IN STAFF'S MEMO DATED 3/28/95, WITH THE ADDITIONS AS PROPOSED. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 5-0-1. COMMISSIONER KREGER ABSTAINED. There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 7:45 p.m. Respectfully submitted, (------) L" ',vii III A ,6 -h ,~ - j )lJ~~u~ I ,~/~~ Debbie Kleckner ' Planning Secretary