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9.3. SR 11-05-2007Item # 9.3. c ver MEMORANDUM TO: Mayor & City Council FROM: Rebecca Haug, Environmental Administrator DATE: November 5, 2007 SUBJECT: Gravel Mining Hours of Operation At the September 10, 2007, City Council meeting, gravel mining hours of operation were discussed. From that meeting, I have on my schedule to host a meeting sometime in December or January with the local gravel operators to discuss hours of operation and any other concerns there maybe. I will be present at the November 5, 2007, City Council meeting to discuss any further issues. Attached is my memo and the minutes from the September 10, 2007 City Council meeting. Please feel free to contact me prior to the meeting if need be. Thank you. Item # 5.3.F. ver MEMORANDUM TO: Mayor & City Council FROM: Rebecca Haug, Environmental Administrator DATE: September 10, 2007 SUBJECT: Gravel Pit Hours of Operation At the August 20, 2007 City Council meeting, council members discussed the necessity of changing permissible hours of operation for gravel mining. Staff understands concerns have arisen from the hours of operation for the gravel operations in the City. Staff understands these concerns deal mainly with noise, dust, and traffic. The City Code states: "All extraction operations shall be conducted between 7:00 a.m. and 7:00 p.m., Monday through Saturday only. The council may restrict extraction, processing or related operations on legal holidays if such activities cause noise or other disturbances offensive to adjacent property owners." A table has been attached with each of the gravel operator's permitted hours of operation and the dates which they were granted those hours. It should be noted that the City is somewhat limited in the impact of any new changes to the hours or operation. Unless agreed to by the property owner, this would only impact new operations such as an expansion into an unapproved area. The PD researched records from January 1, 2001 to the present. The PD report only has noise complaints from StoneWorks Architectural Precast, Inc. This is an Industrial Use and zoned property adjacent to some residential and to a gravel operation (Plaisted Companies, Inc.). Since October 2005 staff has received two (2) complaints regarding Aggregate Industries and four (4) complaints regarding Tiller Corporation. These complaints primarily were a product of Tiller operating before 7:00 a.m. (for a time Tiller was permitted to operate from 4:00 a.m. to 10:00 p.m.). At this time, the operators have taken measures to try to remedy the problems when complaints have been received. A few other communities were researched to see how Elk River compares and the results are as follows: Maple Grove - 6:00 a.m. - 9:00 p.m., Monday -Saturday Rosemount - 7:00 a.m. - 7:00 p.m., Monday -Saturday Burnsville - 7:00 a.m. - 7:00 p.m., Monday -Friday Sherburne County -Depends on location and number of residents in proximity • Tiller (north of Elk River Landfill) - 4:00 a.m. - 10:00 p.m., Monday -Saturday, mid July -mid-October • Toth (north of city limits on East side of Hwy 169) - 7:00 a.m. -7:00 p.m., Monday - Friday, 7:00 a.m. -12:00 p.m., Saturday I will be present at the September 10, 2007 City Council meeting to further discuss and answer any questions regarding the hours of operation for the gravel pits in the city. Please feel free to contact me prior to the meeting if need be. Thank you. City Council Minutes September 10, 2007 F. Gravel Mining Hours of Operation Staff report presented by Environmental Administrator Rebecca Haug. Page 7 Councilmember Gumphrey indicated that he has received a few complaint calls on mining operations. He questioned why the operations are allowed to begin at 6 a.m. and go until 7 or 8 p.m. He would like hours restricted to average work day hours. Ms. Haug stated that the city's ordinance allows gravel mining operations from 7 a.m. to 7 p.m. but that different hours may have been approved by the Council with previous Conditional Use Permits. Community Development Director Scott Clark indicated that hours previously approved by the Council in gravel mining Conditional Use Permits cannot be renegotiated. Councilmember Gumphrey stated that he would like shorter hours to apply to new applicants. Councilmember Motin explained that the problem is that residential areas are moving closer to the gravel mines. He stated that he would be interested in seeing restrictions set near residential areas. Ms. Haug explained that the noise omitted from a gravel mining operations varies depending on many factors including crusher placement, wind, etc. and that it would be difficult to implement a certain setback requirement. Councilxnember Farber indicated that he has received complaints on Tiller Corporation beginning operations at 4 a.m. Ms. Haug noted that Tiller may be reverting back to their original hours. The Council concurred that Tiller Corporation should be required to operate within the 7 a.m. to 7 p.m. timeframe. Councilmember Farber indicated that he would like staff to review the 6 a.m. to 2 a..m. hours that two of the gravel mines operate under. G. Framework Questions Community Development Director Scott Clark presented the staff report. Mayor Klinzing questioned if staff should be educating residents on the ordinances to help alleviate some code enforcement complaints. Mr. Clark explained that education is a component of code enforcement and as complaints drop off in the fall, staff will utilize that time to educate residents via cable, city newsletter, and the newspaper. Councilmember Farber questioned if all current businesses would be required to obtain a business license and if it would be costly. Mr. Clark indicated that the cost will be nominal as business licenses will be used as a regulatory control to catch items that may not be up to code. Councilmember Motin indicated that he would like to see a commercial land inventory completed, even if it is only for city use. Councilmember Gumphrey questioned Mr. Clark about his contact with developers and bringing new ideas forward to the city as Mr. Clark had discussed in his job interview.