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HomeMy WebLinkAbout02-03-97 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3, 1997 The meeting was called to order at 7:04 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Johnson, Sindt, Mulvihill, Holberg and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Police Chief;. D. Volk, Director of Operations & Maintenance; F. Dempsey, Associate Planner; C. Friedges, City Clerk. MINUTES The minutes of the January 21, 1997, City Council meeting were approved as presented, STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson provided a revised resolution for consent agenda item 7j. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the December and January monthly reports. He highlighted construction progress at the water treatment plant and provided an update on the 1996/1997 snow removal season. CHIEF OF POLICE: Chief Martens presented the 1996 Police Department Annual Report. PRESENTATIONS/INTRODUCTIONS Chief Martens introduced Canine Officer Eilers and her partner, Kufkey. He also introduced four corporate sponsors of the canine program, First National Bank of Lakeville, Lakeville Lions, Orchard Lake Sportsman's Club and the Lakeville . VFW. Representatives were recognized, and plaques were presented for their charitable financial gifts. Officer Eilers thanked these four organizations for making this canine program possible. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3, 1997 PAGE 2 Dennis Feller, Finance Director, introduced GFOA President Mike Webster, who presented the GFOA Certificate of Achievement for Excellence in Financial Reporting to the City of Lakeville and Finance Department for its financial report for the year ending December 31, 1995. CITIZENS' COMMENTS None CONSENT AGENDA 97.29 Motion was made by Mulvihill, seconded by Johnson to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: • Cable TV Board, January 14, 1997 • Stop Sign Policy Committee, January 15, 1997 • Planning Commission, January 23, 1997 • Parks & Recreation Committee, January 22, 1997 • Environmental .Affairs Committee, January 21, 1997 c. Paradise Hills Certificate of Plat Correction for Lot 10, Block 3. d. Golden Pond 2nd Addition trunkwatermain reimbursement. e, Golden Pond 2nd Addition final acceptance of utility improvements. f. Change Order No. 3 with Bor-Son Companies for the Dakota Heights water treatment plant, Improvement Project 94-2. g. Final acceptance of 163rd Street improvements and public utilities for Hosanna! Lutheran Church. h. Resolution No. 97-19 approving specifications and setting a bid date for the purchase of a rotary mower. i. Appoint James A. Robinette as delegate to vote on Vermillion River WMO representative for Group AAA cities. j. Resolution No. 97-20 adopting Fire Department salaries. k. Resolution No. 97-21 approving a gambling permit for the Minnesota Waterfowl Association, Dakota Chapter. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3, 1997 PAGE 3 I. Labor Agreement between City of Lakeville and Law Enforcement Labor Services, Inc. Employees' Union Local No. 128, Essential Employees, 1997- 1998. m. Labor Agreement. between City of Lakeville and Law Enforcement Labor Services, Inc. Employees'. Union .Local No. 129, Non-essential Employees, 1997-1998. n. Labor Agreement between City of Lakeville and Minnesota Teamsters Public & Law Enforcement Employees Union Local No. 320, 1997-1998.. o. Resolution No. 97-22 accepting a donation from the Orchard Lake Sportsman's Club; Resolution No. 97-23 accepting a donation from the Lakeville Lions Club; Resolution No. 97-24 accepting a donation from Lakeville VFW Post 210; and Resolution No. 97-25 accepting a donation. from First-National Bank of Lakeville to the Canine program. p. Joint Powers Agreement for street maintenance materials and services in 1997 with the cities. of Burnsville, Apple Valley, Eagan, Rosemount, Savage, Prior Lake and Shakopee. q. Settlement with' Roger Pass for acquisition of Bunker Hill Park property. r. Resolution No. 97-26 accepting a donation from Charles & Inga Dunn; Resolution No. 97-27 accepting a donation from Christiania. Lutheran Church; and Resolution No. 97-28 accepting a donation from Lutheran Brotherhood Farmington Lakeville Branch 8011 to the Meals on Wheels program. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 8 MIS Coordinator Danny;Barth presented the Technology Evaluation and Needs Analysis Report (TENA}, which provides a framework for future technology applications and afive-year plan for the future acquisition, implementation and management of technology. The report was based on departmental interviews, taking into consideration current technology capabilities. 97.30 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 97- 29 approving the Technology Evaluation and Needs Analysis report dated November, 1996. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3, 1997 PAGE 4 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 9 Mr. Rich Carron of River City Asphalt requested council consideration of a mining and excavation conditional use permit for property located north of 205th Street and west of Interstate 35. Mr. Sobota presented the staff report on the application of River City Asphalt to operate a sand and gravel mining and excavation business immediately adjacent to the west property line of the existing Shiely gravel mine. He provided the following chronology of events associated with the conditional use permit application: September of 1995: River City Asphalt submitted a proposal for mining 37 acres on the 74.2 acre parcel; the proposal was reviewed by staff and several issues were raised including tree preservation, wetland impacts and road access. April of 1996: Gity staff makes site visits to the Shiely gravel mining operation • prior to renewal of Shiely's annual license. Staff identified a sediment plume in the wetland in the northeast part of the Shiely site and required that Shiely dredge the wetland northeast of the cement plant. Staff also required a new storm water pond with increased holding capacity. Shiely has indicated that the wetland is scheduled to be restored by February 15, 1997. City will not issue its 1997 annual mining permit until that work is completed. September, 1996: River City Asphalt submits revised plans, incorporating staff s comments. The mining is reduced to 20 acres. River City Asphalt agrees to negotiate with Shiely for ingress and egress to the property exclusively over the existing Shiely access to the east. River City Asphalt also agrees to install landscaping and berming along the south side of the property and adjacent to the Krawza property. October, 1996: A neighborhood meeting was held by River City Asphalt, and a number of concerns were raised as follows: 1) acreage of the proposed mining operations, 2) number of years mine is expected to be in operation, 3} odor and noise from existing Shiely operations, 4) noise created by existing mining and rock crusher, 5) moving of the rock crusher and bituminous plant further to the north and west, 6) impact on area property values. November, 1996: Revised plans were submitted by River City Asphalt, addressing issues raised at the neighborhood meeting including: CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3, 1997 PAGE 5 • Rock crusher moved north and west and lowered in elevation next to an embankment • Asphalt plant currently on Shiely site moved to the north, away from residential area • Asphalt Plant Burner will be replaced to reduce noise • Fencing will-be installed around Krawza property • The first 100 feet of access road off 205th Street will be paved. January 9, 1997: Public hearing is held by the Planning Commission with three hours of public testimony. Planning Commission closes Public hearing, tables action and directs the City Attorney and staff to revise the conditional use permit based on issues raised at the Public hearing. January 23, 1.997: Planning Commission reviews the draft conditional use permit and requires submittal of a .plan prior to City Council action to include detailed landscaping and berming adjacent to the Krawza property. Staff reviewed the plan (exhibit 13 of Mining and Operations Plan) and determined that it achieves the Planning Commission's stated expectations. January 30, 1997: Shiely submits a letter agreeing to limit the hours of operation of the extraction, grizzly (machinery that sorts various size rock) and the rock crusher near the mine face to the hours of 6:OO a.m. to 8:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. Sunday and legal holiday operations will not occur. These hours conform to the proposed hours of the River City Asphalt operation. Mr. Sobota highlighted some of the conditions for the proposed River City Asphalt mining operation.. He explained that all topsoil would be retained on site. until complete restoration of the site has taken place. He explained the proposed location of the rock crusher is in a natural depression (lower elevation) on the site thereby reducing noise impacts. All material shall be transported to the rock crusher via conveyors, rather than trucks thereby reducing noise and dust. Sedimentation ponding for filtration. of storm water will be staged, and staff wily inspect on an annual basis. Mr. Sobota stated that Mr. Carron is willing to provide a conservation easement for the property that lies outside the proposed mining limits to assure that mining .will not extend beyond the limits indicated on the proposed mining plans. Mr. Carron has also agreed to install landscaping and a chain link fence according to the submitted plan along the north and east Krawza property boundaries. Mr. Sobota noted that on January 30, 1997, City staff received a Petition requesting an Environmental. Assessment Worksheet be required on the proposed project. On January 31, 1997, City staff prepared a'recommended CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3, 1997 PAGE 6 Findings of Fact and Decision regarding the citizen petition to the Environmental Quality Board (EQB). City Attorney Roger Knutson stated that the purpose of an EAW is to determine whether an Environmental Impact Statement should be prepared. Mr. Knutson reviewed the. procedures for decision making and stated that the EQB ruled that the City Council must make the determination of whether a EAW should be prepared. Mr. Sobota stated it is staff s recommendation that the evidence presented by the Petition or otherwise known by the City fails to demonstrate that the project may have the potential for significant environmental effect. Staff recommends denial of the petition for an EAW. (See Findings of Fact and Decision dated February 3, 1997, on file in the City Clerk's office). Staff recommends approval of the mining and excavation conditional use permit for River City Asphalt, and adoption of the Findings of Fact and Recommendation on the petition for an EAW. 97.31 Motion was made by Holberg, seconded by Johnson to receive the Petition to the Environmental Quali#y Board dated January 27, 1997, requesting completion of an Environmental Assessment Worksheet on the application of River City Asphalt for a mining and excavation conditional use permit for property north of 205th Street and west of I-35 in Lakeville. Roll call was taken on the motion. Ayes, Sindt; Mulvihill, Holberg, Johnson, Zaun. Colleen and Robert Powell, 1.1774-205th Street W. voiced their opposition to the proposed gravel mining operation with regard to noise. Mr. Powell presented a list of 20 additional people to be added to the petition previously submitted to the Planning Commission opposing the gravel mining operation. He read a letter from Russell and Betty Olson voicing their opposition to the gravel mining operation. 97.32 Motion was made by Sindt, seconded by Mulvihill to receive the letter from Russell and Betty Olson dated February 3, 1997. Roll call was taken on the :motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. 97.33 Motion was made by Mulvihill, seconded by Holberg to receive a list of 20 additional names to be added to the petition against the gravel mining operation (list on file in the City Clerk's office). Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3, 1997 PAGE 7 Ms. Marilyn Raplinger, 11897 W. 210th Street, referenced her research of Crystalline Silica dust and health risks to surrounding residents. Mayor Zaun recessed the Council meeting at 8:55 p.m. and reconvened at 9:10 p. m. Mr. Richard Storlie, 12393-205th Street, stated he attended the public hearing and has concerns with the process, i.e. misleading statements and omissions that were not challenged during the Planning Commission meeting. Ms. Kim Hoffarth, 20582 Jupiter Circle, stated she feels the gravel mining operation will impact property values in the Lakeview Estates area and asked the Council to deny or delay action on the conditional use permit until residents on the east side of I-35 are made aware of the application. Mr. Allan Clark stated he lives on 205th Street and walks to the Shiely gravel mine, where he is employed. He stated he feels that Shiely is complying with all the requirements of their permit and he personally has not experienced any health problems as an employee of Shiely or as a nearby resident. Mr. Walter Krawza, 11881-205th Street W. showed photographs of his property .and the close proximity to the River City Asphalt property. He stated he feels the City should not allow a gravel mining operation at this location. Mr. John Raplinger, 11897 W. 210th Street, showed anine-minute video of the property near the existing and .proposed gravel mine areas. Mr. Raplinger asked that the video be entered into the official record. 97.34. Motion was made by Johnson, seconded by Mulvihill to receive the nine-minute video from Mr. Raplinger (video on file in the City Clerk's office). Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. Mr. Joe Mako of Patchin & Associates, Inc. (Valuation Consultants), presented a preliminary valuation of the Krawza property which indicates that the interference caused by the mining operation is likely to cause an increase in noise and dust, thus resulting in a loss of value to the Krawza property. 97.35 Motion was made by Sindt, seconded by Johnson to receive the letter from Joseph E. Mako of Peter J. Patchin & Associates, Inc. dated February 3, 1997, regarding the Walter Krawza. property (letter on file in the City Clerk's office). CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3, 1997. PAGE 8 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. Mr. Michael Kinzer, attorney for the Krawza's and Raplinger's, stated that he had sent a letter to the City Council members on January 30, 1997, stating the concerns of his clients,. John Raplinger and Walter and Grace Krawza, regarding the proposed gravel mining operation. He detailed those concerns and asked that the letter be entered into the official record. 97.36 Motion was made by Mulvihill, seconded by Johnson to receive the letter from Michael J. Kinzer dated January 30, 1997 (letter on file in the City Clerk's office). Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. Mr. Tony Gleekel, attorney representing River City Asphalt, stated he feels all the issues have been dealt with in the public hearing process, and that their plan meets the current standards of the City's Comprehensive. Plan and :zoning ordinance. He then spoke on the issue of home value depreciation. He stated he was personally involved in the Apple Valley Fisher gravel mining issue and also with the .Prior Lake Aggregate gravel mining issue: in .Savage. He stated the Fisher gravel mine was proposed to be much larger than this one, and an EAW and EIS were mandatory. He stated that in both of these projects, there was no concrete, factual evidence of home value depreciation, regardless of whether homes were constructed prior to or built after the gravel mining operation was put in place. Councilmember Johnson thanked the citizens for their involvement and attendance throughout the conditional use permit process. Councilmember Johnson stated the City Council's fiduciary responsibility is to protect the assets of all 38,000 citizens of the community. He stated he wants to see this matter resolved in a win-win situation. Councilmember Johnson asked about the proposed restoration of the site. Kirsten Rojina, Project Engineer and Geologist, of Sunde Engineering explained that the mined area will be backfilled to grades identified on the restoration plan, with a maximum slope of four to one. A minimum of twelve inches of top soil will be applied to the sloped areas, six inches on the flat areas. It will then be seeded to establish vegetation.. She explained that the restoration will be done progressively, as the area is mined, and the restoration security bond will be adjusted accordingly. • Councilmember Johnson asked about possible contamination from ground water into Lake Marion. Mr. Erickson explained that a diagnostic study of Lake Marion CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3,.1997. PAGE 9 was prepared by Barr Engineering in 1995. It was found that the storm water discharge from the Shiely operation into Lake Marion was not a significant source of nutrients to the lake. Storm water runoff from the River City Asphalt site will have less impact on Lake Marion because the sediment ponding areas and greater distance from the lake. Councilmember Sindt asked about the range of transmission of Crystelline silicone dust. Mr. Erickson explained that Shiely has, and River City Asphalt is required to obtain,. an air emission facility permit from the Minnesota Pollution Control Agency, which regulates pollutants and fugitive emissions. The MPCA advised City staff that regulations do not require testing beyond the property boundaries, because in every test they have done in operations much larger than this one, there has been no evidence or traces of Crystalline Silica dust at the edge of the mining operation. This was also confirmed,. he stated, by the EIS prepared for the Fisher site in Apple Valley. If the MPCA finds that a reading exceeds the limit established, a permit will not be issued and the gravel mining operation will have to be modified. Councilmember Holberg asked-about resident participation in the annual gravel mining permit renewal process. Mr. Erickson stated staff is recommending that i the residents designate a representative, who would be contacted during the renewal process. Councilmember Holberg asked if the River City crusher and asphalt plant locations will be more protected due to elevations than the existing Shiely operation. Ms. Rojina stated the proposed location is far more protected than the current asphalt plant site which was utilized during 1996. Councilmember Holberg asked about use of the grizzly. Ms. Rojina explained that the Shiely operation rejects all rock over seven inches in diameter. The River City Asphalt operation will take up to 24" size rocks. 97.37 Motion was made by Mulvihill, seconded by Sindt to continue the meeting beyond the 10:30 adjournment time. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. Councilmember Mulvihill asked if recycled concrete will be stored on the property. Ms. Rojina stated they will recycle asphalt on the River City property, but River City will not have any recycled concrete stored on either site. CITY OF LAKEVILLE COUNCf~ MEETING FEBRUARY 3, 1997 PAGE 10 • Councilmember Mulvihill asked if the Shiely mine has enough product to mine five or six more years. Ms. Rojina stated that under a combined scenario, sharing resources, Shiely would continue to mine this site for up to eight years. Councilmember Mulvihill commended Mr. Carron for being very responsive to the concerns raised; and she thanked the residents for being very cooperative. She stated she feels it is unfortunate that the City's Comprehensive Plan has not been updated, and under the current plan, Mr. Carron has a right to have his operation at this location. However, she does not believe this development is compatible with what is currently developing in the area or what may develop in the future. Mayor Zaun stated he also feels that eventually the use of this property will have to change and become residential. However, in an attempt to reach a compromise, he had three suggested amendments to the conditional use permit that is up for consideration.: He suggested a more limited sunset provision (five years for mining with the 6th year for restoration), tying the Shiely operation into the eventual changing of the use of the property following the City ordinances. through annual permits, a greater setback from the Krawza property (at least 100 feet) and a good, substantial fence along the Krawza property. 97.38 Motion was made b Sindt seconded b Mulvihill to ado t the Findin s of Fact Y ~ Y p g and Decision prepared by City staff on the petition for an E.A.W. on the River City Asphalt, Inc. mining and excavation project. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. Councilmember Holberg pointed out that the product of the gravel mine is a valuable resource for the community. She recommended allowing six years to mine with the seventh year for restoration. She questioned whether a delay in mining caused by a lawsuit or other government action would count against the specified time frame. Mr. Knutson stated it would not. Mayor Zaun recessed the meeting at 11:05 p.m. and reconvened at 11:20 p.m. 97.39 Motion was made by Johnson, seconded by Sindt to amend Conditions of the Conditional Use Permit to read, "All mining and excavation of the site shall be .completed within 5 years of the date of the approval of this permit. Complete restoration shall be completed within 6 years. If commencement of mining is delayed due to any government action or court injunction, the mining deadline shall be continued an equivalent amount of time". CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 3, 1997 PAGE 11 Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. 97.40. Motion was made by Sindt, seconded by Mulvihill to amend Figure 13 of the River City Asphalt, Inc. Mining and Operations Plan dated January 27, 1997, by changing the 75-foot setback to a 100-foot setback from the Krawza property lines on the east and north sides of the Krawza property. Roll call was taken on the motion. Ayes, Zaun, Sindt,_Mulvihill, Holberg, Johnson. 97.41 Motion was made by Sindt, seconded by Johnson to approve Excavation and Mining Conditional Use Permit No. 97-03 as drafted and presented by City staff and modified by the City Council in Motion Numbers 97.39 and 97.40. Roll call was taken on the motion. Ayes, Sindt, Holberg, Johnson, Zaun. Nays, Mulvihill. Councilmember Mulvihill stated she feels a gravel mining operation is inappropriate at this location. UNFINISHED BUSINESS None. • NEW BUSINESS None. ANNOUNCEMENTS: Next regular Council meeting, February 18, 1997 Council work session, February 12, 1997 Mayor Zaun adjourned the meeting at 11:45 p.m. Respectfully submitted, Charlene Friedges, ty Clerk Du ne Zaun, Ma •