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01-02-07 PCOTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL Tuesday, JANUARY 2, 2007 7 PM 1. Chair Nichols will call the meeting to order.. Chair Nichols called the Planning Commission Meeting to order at 7:00 PM. Roll Call: Chair Richard Nichols; Commission Members: Pam Black, Tammie Fallon, David Thompson and Doug Hackman. Excused absence: Jim Kolles and Troy Watring Absent: John Thelen Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Dan Licht, City Planner and Ron Wagner, City Engineer. Council: Mayor Larry Fournier and Councilmember Vern Heidner. 2. Consider the following minutes. 2.1. December 11, 2006 Planning Commission Meeting. Commissioner Thompson motioned to approve. Commissioner Hackman seconded. All in favor. Motion carried. 3. Planning Items: PUBLIC HEARINGS: 3.1. Frattalone Companies: A. CUP/Grading Permit for Gravel Mining. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. Dan Licht recommended that since the technical plans were not complete that the Planning Commission should open the Public Hearing, take public comments and continue the Public Hearing to February 5, 2007 giving time to the applicant to submit the additional plans. Butch Belair, Eagle Trucking and applicant, gave his company's background. He stated that there are two main concerns with this mining operation which is traffic and dust. They will apply calcium chloride to 83rd Street and their peak haul time for a day is 10 to 12 trucks per hour up to 100 to 120 trucks a day. They hire their trucks by the hour. They will have a street sweeper and a water truck on site. Mike Robertson asked for an estimate on how the pit will run, if they will be supplying gravel for the Highway 101 Project and if they will have a crusher on site. Mr. Belair responded that there has been no commitment to them for the Highway 101 project. Mike said he was looking for an estimate on how long the pit will run. If they make gravel, they will have a crusher on site. Chair Nichols opened the Public Hearing at 7:30 PM. Judy Hudson attested that all the proper noticing, posting and publishing was completed. She also stated for the record, that a phone call was received from Evelyn Koenig, Nashua Avenue, who opposes the gravel pit. Also a letter was received from Craig Fenstra, 83rd Street, stating his concerns with this proposal. Joel Kolles, Mason Avenue, submitted an analysis of traffic and other concerns prepared by him for the proposed gravel pit that he prepared and read which opposes the Mining Planning Commission Meeting of 01-02-07. Page 2. Permit. Mr. Kolles said he is also in the trucking business. Mr. Kolles stated he isn't against residential growth but doesn't want the gravel operation. He asked why Mason Avenue would be posted as a 7 Ton Road since it has always been posted as a 5 Ton Road. Butch Belair answered that he would split up the truck traffic on peak days on different streets. He said there would be no Jake braking and there isn't a lot of hauling done from January through May. Randy Carstenson, 80th Street, stated he is against the Mining Permit. He is also in the trucking business and stated concerns with safety issues with the hauling trucks and safety issues with children. Butch Belair explained their company has a good safety record and the DOT inspects their trucks annually. Sharon Carter, Nashua Avenue, stated her opposition to the Mining Permit. She has concerns with impact to the environment, air pollution and noise for the whole city. She asked how this will impact the wildlife in the ponds along both sides of 83rd Street at Nashua Avenue. Beatrice Bastyr, 87th Street, stated she is opposed to the Mining Permit. She lives on the property adjacent to this site on the north side. She feels this project will negatively affect her quality of life with dust, noise and threatening her well and losing her view. John Skogman, 83rd Street, stated he is opposed to the Mining Permit with concerns of dust and the impact to the ponds on 83rd Street at Nashua Avenue. He is concerned with the safety to the swans that live on these ponds and the calcium chloride running into these ponds could harm the swans. He would like the City to review Eagle Trucking's Safety records. Mr. Skogman also stated that the gravel on this site should be saved for the City's future use. Cindy Dols, 79th Street, questioned if an EAW should be done for this site. Mr. Licht replied that if there was a proposal to expand the Mining Permit, then an EAW would be required. Beth Specht, Mason Avenue, stated her opposition to the Mining Permit with safety concerns of her grandchildren living on 83rd Street and wouldn't be able to play outside with all the noise, dust and safety issues. She also feels there would be a negative effect to the valuation of their property. She was told by a realtor that with a mining operation going on she wouldn't be able to sell their property. Tom Carter, Nashua Avenue, stated he is against this Mining Permit because of all the trucks that will be running through residential areas. He says that this appears to be benefiting only the trucking firm and no benefit to Otsego. Mr. Carter doesn't feel that calcium chloride treatment will be adequate for dust control and he is also concerned that this will draw down wells and how will the City deal with this. He is concerned that this operation will require washing of the gravel and therefore will have to extend water and sewer to this site. Melora Koop, Mason Avenue, presented Exhibit C which she read. She held up a picture of her children and stated this is the reason to deny the Mining Permit. She doesn't want the City to put money before safety concerns and quality of life. Planning Commission Meeting of January 2, 2007. Page 3. Ron Bratlie, Elk River School District, which owns the adjacent 80 acres. Mr. Bratlie said the school's plans are to build an elementary and secondary school on their site which is next to this site. The starting date for building is tentatively set for 2008, if approved. He is concerned with the safety of the students, staff and parents from the impact of the volume of truck traffic if a school were built on their property. He is also concerned with the possible environmental impact on the future school site such as noise and air pollution and the method of reclaiming this property. If the Mining Permit is approved the school would need to observe the operation and its impact on the learning environment. Ben Bastyr, 87th Street, stated he opposes this Mining Permit. They have the land bordering this property on the north side. He presented Exhibit D and read it except for Number Five. Mr. Bastyr said they are less than 50 feet from the proposed excavation area. He wanted to know what type of product will be removed from the pit and if the 10 foot maximum excavation is for entire surface area. Mr. Licht said the 10 foot maximum is an average number. Dennis MacAlpine, Nashua Avenue, stated he is a well driller and is very familiar with the wells on Mason Avenue and in this surrounding area. His concerns are with the wells, especially the shallower wells and the health risks to the aquifers. If the wells go bad, who will pay for the new wells? Randy and Debbie Carron, 83rd Street, stated their concerns with current conditions of 83rd Street and who will pay for the repair work that the truck traffic will create. They are also concerned with impacts to the ponds on 83rd Street. Their house is very close to 83rd Street and with all the truck traffic they are concerned with the vibrations. Floyd Goenner, Nashua Avenue, stated his concern with the current width of 83rd Street that meeting trucks with his farm equipment will be dangerous. He is also concerned with the ponds on 83rd Street at Nashua Avenue. Betty Benson, Mason Avenue, stated her opposition to the Mining Permit. Her sons live next door to a gravel pit in Big Lake and they have to keep their windows closed all day long with all the noise. She is also concerned with the safety issues and her grandchildren living in this area. She feels they can't compromise quality of life for money. Robert Passer, Napier Avenue, stated his concerns with all the traffic and difficulty in getting on CSAH 39 with all the truck traffic. Mark Bulow, 94th Street, stated his concern with the increase in traffic along Nashua Avenue and has concerns for the children in the area with all the children going to Prairie Park and lack of bike paths. Dennis Dahlheimer, Mason Avenue, suggested the applicant pay for MacIver Avenue to be built from 80th Street to CSAH 39 to provide a safe haul route. Dan Licht said that MacIver Avenue will be constructed as land develops and is paid for by the developers but that the City could build it prior to development. Mike Ebner, Mackenzie Avenue, stated his opposition to putting his kids in danger and air pollution. Planning Commission Meeting of 01-02-07. Page 4. Randy Carstenson, 80th Street, stated he realizes that property owners want to make money but he feels that once the school is built, residential development will happen. Dan Licht said that staff has taken notes on all the comments, and if this is continued, staff will prepare a response which will be available prior to the next meeting. Commissioner Black asked if there are other Mining Permits in the City. Dan Licht said this is the eighth one and pointed out where the other ones are located and their size. Chair Nichols asked how long is a Conditional Use Permit in effect. Mr. Licht explained the CUP runs with the land but that any phasing/amendments would have to go through the same process as this application is going through. Chair Nichols said he heard this mining operation could run from three to ten years and is that accurate. Ron Wagner said the original request was to haul out 1.1 million cubic yards but he needs more information from the applicant. Commissioner Black stated that the City's Ordinance states hours of operation is 7 AM to 5 PM Monday through Friday and have those hours changed. Mr. Licht said that the Engineering Manual overrides that but that the City Council can change the hours. Chair Nichols asked what the current traffic levels are. Mr. Wagner stated that traffic levels on Nashua Avenue are approximately 800 per day and he doesn't have information for Mason Avenue. Chair Nichols also asked if there will be a crusher on site. Mr. Licht said that staff needs to be provided with the information. Mr. Wagner said that washing the gravel was brought up but so far all indications from the test results show the gravel as being very clean but can make a condition not to allow water on site except for dust control. Commissioner Thompson would like more information on the range material could drift. Chair Nichols asked if all the trucks hauling would be owned by the applicant. Mr. Belair said there could be some independent haulers and rentals but that they own 85 to 90 trucks. Councilmember Heidner asked how many cubic yards do the trucks haul. Mr. Belair said their tri-axels haul 12 cubic yards; quad-axels haul 14 cubic yards and their belly and side dumps haul 17.5 cubic yards and if they haul black dirt it will go up 20 cubic yards. Commissioner Black motioned to continue the Public Hearing for Gravel Mining to the February 5, 2007 Planning Commission Meeting. Seconded by Commissioner Fallon. All in favor. Motion carried. Chair Nichols explained the Planning Commission will take additional comments at the February 5, 2007 Meeting. Dan Licht said the staff report will be available in the afternoon of January 25, 2007. 4. Any other Planning Commission Business. 4.1. Update on City Council actions by Councilmember Heidner. Councilmember Heidner updated everyone on recent council actions. 4.2. Update on future Planning Commission Agenda Items bX Judy Hudson. Planning Commission Meeting of 01-02-07. Page S. Judy announced the next Planning Commission Meeting has been cancelled due to lack of agenda items. 5. Adjournment by 10 PM. Commissioner Black motioned to adjourn. Seconded by Commissioner Hackman. All in favor. Motion carried. Meeting adjourned at 8:55 PM. Chair Richard Nichols Attest: Judy Hudson, Clerk/Zoning Admin.