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HomeMy WebLinkAbout01-23-97 City Of Lakeville • PLANNING COMMISSION MEETING MINUTES January 23, 1997 The meeting was called to order by Chair Rieb at 6:00 p.m. in the City Hall Council Chambers. Roll call of members was taken. Present: Bellows, Mi11er,Whitehouse, Rieb, Cecchini, Amborn, Wulff and Alternate Commission Member Luick. Absent: Kowalke. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Jim Walston, Assistant City Attorney; Donna Quintus, Recording Secretary. The minutes of the January 9, 1997 Planning Commission meeting were approved as printed. • ITEM 4: ANNOUNCEMENTS: None. ITEM $A.: iVF.R ITY A PAAi.T MiNIN & .X AVATInN P MIT Chair Rieb advised those present in the audience that the public hearing for the River City Asphalt Mining and Excavation Permit had been closed at the January 9, 1997 meeting. No public testimony will be received regarding this application at this meeting. Associate Planner Frank Dempsey stated that City staff has received additional comments. and letters since the public hearing regarding the mining and excavation permit. A letter from Mike Dunham, 11513 - 205th Street West, indicated support of the mining operation and River City Asphalt's commitment to complete the mining activity and reclamation of the property within eight years. A letter from Michael J. Kinzer, attorney representing Mr. John Raplinger, 11897 West 210th Street, was received by staff requesting that the public hearing be reopened for submittal of additional information in opposition to the proposed mining permit. Two messages were left on the public hearing hotline from Mr. Steve Johnson, 205th Street, and Russell Olson, 210th Street, both leaving general comments in opposition to the proposed mining activity. These letters will become a part of the permanent file for the River City Asphalt, Inc. Mining and Excavation CUP. • Associate Planner Frank Dempsey presented an overview of the. concerns that were stated and the questions that arose as a result of public comment received at Regular Planning Commission Meeting Minutes January 23, 1997 Page 2 • the public hearing held on January 9, 1997 regarding the River City Asphalt Mining and Excavation Permit request. Upon closing the hearing, the Planning Commission directed City staff to meet with the City Attorney and River City Asphalt, Inc. representatives to address those issues and resolve and/or agree on key issues for inclusion in a revised Mining and Excavation Permit. A letter dated January 17, 1997 was received by City staff from Kirsten Rojina, Sunde Engineering, Inc., which answered several questions and provided clarification to many of the issues discussed at the public hearing. Information addressing the issues raised at the January 9, 1997 public hearing and response to items raised by City staff include the following: ? River City Asphalt's agreement to pave the first 400 feet of the access road into the Shiely site off 205th Street. ? Consent by River City Asphalt, Inc. to establish a conservation easement on their land that lies outside the proposed mining limits. Said conservation easement would provide assurance that mining will not extend beyond the limits indicated on the proposed mining plans and would be removed only .upon completion of the mining activity and full reclamation of the mining • site. ? Mr. Carron has agreed to the installation of a chain link fence around the Krawza property that adjoins the mine and to the extension of additional plantings of 2- to 3-foot high evergreen trees along the Krawza property. ? River City Asphalt will increase the mining setback from 50 feet to 75 feet along the eastern property line of the Krawza property. ? Agreement has been reached between River City Asphalt, Inc. and City staff to put a sunset condition into their conditional use permit. The applicant agreed to complete the mining operations in eight years. ? River City Asphalt has agreed to perform independent noise monitoring tests of their operations, including the asphalt plant and crusher, once the operation is established. The test results will be provided to the City. River City Asphalt stated they will operate within noise criteria and standards established by the Minnesota Pollution Control Agency for residential areas for both day and nightime. ? The new burner will be installed before the 1997 start-up. The burner is estimated by the manufactuer to reduce noise associated with ignition by 50%. • ? Hours of operation will be 6:00 a.rn. to 8:OOp.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturdays with no operations occuring on Sundays and legal holidays, These hours relate to the mining and extraction Regular Planning Commission Meeting Minutes January 23, 1997 Page 3 • activities and the operation of the crusher at the River City Asphalt site. The asphalt plant will operate during nighttime hours when needed to accommodate construction projects. In response to questions regarding the need for 400 feet of paved access in lieu of the originally proposed 100 feet, staff indicated a preference for the additional paved area. The additional hard surface will provide greater opportunity for the shake off of truck debris prior to their entering onto 205th Street reducing the potentional safety hazard of gravel on 205th Street. Because noise is a major issue with the surrounding residents, Commissioner Amborn suggested that River City Asphalt, Inc. review their on-site truck traffic patterns and make a concerted effort to eliminate as much truck. back-up traffic as possible to alleviate noise impacts on the neighborhood. In response to Commissioner Whitehouse, staff stated that Mr. Rich Carron of River City Asphalt and Mr. and Mrs. Walter Krawza met on January 16, 1997 to discuss and attempt to reach an agreement on proposed installation of berming, fencing, and setbacks surrounding the Krawza property.. Mr. and Mrs. Krawza submitted a letter to the City dated January 21, 1997 outlining their understanding of what was agreed to at that meeting.. The comments submitted by the Krawza's indicate that they did not feel. that full agreement had been reached between themselves and River City Asphalt,''Inc. and reiterated their opposition to the proposed mining activity in their neighborhood. Chair Rieb called for a recess to allow Mr. Cat ron and Mr. and Mrs. Krawza to meet and attempt to come to an agreement regarding the berm treatment surrounding their property. Chair Rieb reconvened the regular Planning Commission Meeting at 7:30 p. m. Staff .indicated that Mr. Carron and the Krawzas were unable to reach an agreement regarding the berm for the Krawza property. The Commission asked questions regarding specifics of the application including details of proposed tree plantings. The Commission agreed that a detailed planting plan should be included as a condition of the permit and that the plan be submitted prior to formal action by the City Council.. Sobota proposed that the following language be added as a condition of the permit: "A detailed landscape/ berm screening plan for the area adjacent to .the northeast property line of the Krawza property shall be submitted to the City of Lakeville prior to City Council consideration of the mining and excavation/conditional use permt.'' • 97.14 MOTION b Miller Seconded b Whitehouse to recommend to Ci Coun it y Y ty c approval of the the River City Asphalt, Inc. Mining and Excavation/Conditional Regular Planning Commission Meeting Minutes January 23, 1997 Page 4 • Use Permit subject to the stipulations outlined in the Mining and Excavation/ Conditional Use document as submitted by staff in the January 17, 1997 planning report with the addition of Condition No. 3.z to read as follows: "A detailed landscape/bean screening plan for the area adjacent to the northeast property line of the Krawza property shall be submitted to the City of Lakeville prior to City Council consideration of the mining and excavation/conditional use permt. " and adoption of the Findings of Fact subject to an amendment to Findings of Fact 4.a) wherein the second paragraph is amended to read: "The proposed excavation and mining is a temporary use of the property. The Comprehensive Plan encourages continued rural use of the properties in District 13. Gravel mining is considered a rural use of the property according to the Comprehensive Plan. " .Roll call vote was taken on the motion. Ayes: Luick, Whitehouse, Rieb, Amborn, Cecchini, Wulff. Navs: Miller. Commissioner Miller stated his objection was due to the significant impacts on the surrounding residential uses and his belief that there are several unanswered questions with regard to the conditions of the permit. Motion passes. Alternate Commission Member David Luick excused himself from his chair at 7: 3S p. m. ITEM SB: TATTOO P Ri.O .AND BODY P .R IN ~ F,~T R .ISH .NT .ONIN ORDINANCE AM .NDM .NT Chair Rieb stated that the. Planning Commission held a public hearing on December 5, 1996 on proposed Zoning Ordinance and City Code amendments regarding body piercingand tattoo parlors. There was no public comment at the public hearing. The Planning Commission closed the public hearing and directed Mr. David Licht of Northwest Associated Consultants, Inc. (NAC), the City's planning consultant,. to revise the proposed draft amendments to address issues raised by the Planning Commission. Mr. Licht addressed the Commission and presented an overview of the revisions to the draft amendments to the Zoning Ordinance and City Code based on discussions held at the public hearing. The Zoning Ordinance amendment provides definitions for Bodv Piercing and Tattoo. Tattooing and establishes Body Piercing Establishments and Tattoo Parlors as permitted uses only in the B-4, General Commercial District. By specifically • permitting these .establishments in the B-4 District, it precludes these uses in any other zoning district, including prohibiting body piercing and tatto establishments as home occupations. Regular Planning Commission Meeting Minutes January 23, 1997 Page 5 • The proposed City Code addresses the regulations for these establishments. The matter of inspections of the operations was previously discussed to increase the number of "self' inspections to up to four in addition to a City initiated random inspection each year. Upon further review with City staff, concern was raised regarding the extra administrative responsibilities and required follow-up in relationship to staffing capabilities and availability. As a result of extensive research and analysis, the licensing draft City Code now proposes a requirement for one random inspection by the City and one required inspection by the licensed operator and performed by a health official acceptable to the issuing authority. The Planning Commission had also. raised concerns relating to jewelry and department stores which utilize ear piercing guns. At present, the draft City Code excludes licensing requirements for ear piercing services using piercing guns and does not establish any regulations. for these operations. NAC staff reviewed ear piercing operations and has become aware of considerable lobbying efforts by ear- gun manufacturers who have been successful in excluding their products from regulations by state legislatures. Mr. Licht offered three options for the regulating of ear piercing guns including: 1) full application of licensing regulations; 2} minimum licensing regulations by imposing general training and sanitation practices; or 3) total exemption as originally proposed. 97.15 MOTION by Amborn, Seconded by Cecchini to recommend that the proposed Lakeville City Code Title 3, Chapter 18, Section IOC. be amended to read "Hours of Operation. A licensee under this Chapter shall not be open for business for tattooing and/or body piercing before 9: 00 AM nor after 9: 00 PM. " Roll call vote was taken on the motion. Ayes: Unanimous. Commissioner Amborn indicated that he had completed extensive research regarding the health risks related to tattoos and body piercing. Copies of reports that he had acquired from various medical agencies had been distributed to the Commissioners prior to the meeting. Commissioner Amborn stated his concerns are a result of these studies and the failure of the proposed ordinance to define essentials in health and the sanitation aspect of these establishments. Mr. Licht cautioned the Commission on imposing regulations that are too tight. Mr. Licht recommended that the City establish regulations for these uses that are less explicit and use a reasonable and responsive approach to basic health and safety issues. This would allow the permit issuing authority the flexibility to appoint a health professional/official and enlist their services and expertise in the investigation and examination of specific medical and sterilization practices of a • potential applicant. Further, it would be prudent for the City to place the burden of providing proof and adequate information regarding health and safety issues on an applicant. Regular Planning Commission Meeting Minutes January 23, 1997 Page 6 • City Attorney Walston concurred with the concerns expressed by Mr. Licht. He also stated that the major component of this proposed ordinance is to address the land use issue which it does by restricting body piercing establishments and tattoo parlors to the B-4, General Commercial Zoning District. City Administrator Robert Erickson indicated that many of the issues raised by the Commission regarding health and safety issues are legitimate concerns. He suggested that it may be more appropriate for the Body Piercing and Tattoo Establishment Application to address these concerns. Mr. Erickson indicated that a license application is the mechanism in which a City can achieve and require additional information with regard to certification, credentials, references, testimonials, health and safety precautions, etc. Erickson also advised that fees are set by City Council resolution. Fees for all City application are intended to cover the direct expenses incurred for administration, inspections, and related services as required on an annual basis. Discussion continued. Mr. Licht responded to several specific details of the draft ordinance and City Code. • 97.16 MOTION by Miller, Seconded by Wulff to recommend to City Council approval of the Zoning Ordinance and City Code amendments as submitted by Northwest Associates Consultants (NAC) regarding body piercing establishments and tattoo parlors subject to a revision to City Code 3-18-11: B. where there is reference to "blood infections "that it be replaced with "communicable disease. " Roll call vote was called on the motion. Ayes: Rieb, Cecchini, Wulff, Miller, Luick, Whitehouse. Nays: Amborn. Commissioner Amborn stated that he felt the City Code should be more restrictive with regard to the sterilization and cleansing of instruments and solutions used in the body piercing and tattooing trades and that operators of these establishments should be required to be vaccinated for Viral Hepititas B. Motion passes. The Commission concurred in directing that the City Attorney prepare an application for the licensing of Tattoo Parlors and Body Piercing Establishments which addresses specifics regarding health. and safety issues and the verification and certification of the applicant and the proposed operators employed by the applicant. Fees shall be determined and justified based. on costs sufficient to cover staff time for investigation of the applicant and application review as well as professional expertise or consultation in the reviewing of said application as • deemed necessary by the permit issuing authority. Regular Planning Commission Meeting Nlinutes January 23, 1997 Page 7 ITEM 6A: NEW Bi1SINE~S; LAKEVII.,LE -FUEL FACILITIES STUDY WORK PROGRAM City Administrator Robert Erickson presented a brief overview of a work program drafted by Alan Brixius and David Licht of Northwest Associated Consultants (NAC) related to the motor fuel facilities moratorium enacted by the City Council on November 18, 1996. The work program is intended to provide a detailed evaluation of motor fuel sales facilities related to land use, traffic, design standards, and zoning controls. Mr. Erickson requested input and comment regarding the completeness of the list of design standards and site location criteria for study by NAC, Inc. 97.17 MOTION by Miller, Seconded by Wulff to recommend to City Council approval and acceptance of the Northwest Associated Consultants, Inc. (NAC} Lakeville Fuel Facilities Study Work Program as outlined in NAC's memorandum dated January 14, 1997. Roll call vote was called on the motion. Ayes: Unanimous. Commissioner Whitehouse requested staff to investigate the feasibility for installation of • additional traffic signage on Kenyon Avenue at the intersection of 172nd Street and Kenyon Avenue. There being no further business, the meeting was adjourned at 9:15 p.m. Respectfully submitted: onna Quintus, Recor 'ng Secretary ATTEST: e Laurie Rieb, Chair January 21,1997 • Planing Commission City o#.Lakeville Dear Planning Commission Members We are writing this letter regarding the meetin in our home with Mr. Carron of River City Asphalt on January 16, 199. We discussed a number of issues about the gravel operation but did not come to any agreement on the Berm, Fence or Set Back. In fact when we went outside to look at the property Mr., Carron was not sure of the area to be mined. In Sunde Engineering,inc. letter to the Lakeville City Planing Dept. dated Jan. 17, 1997 it stated in item 5 that We agreed on installing a chain fink fence around our property. That statement is incorrect. A chain link fence was never talked about. if a fence is installed it should be wood and at feast 6 feet in height and of a type that could not be seen through. The trees that are to be planted around the property (east & north). should also be two rows of mature spruce. We also feel that the entire berm should be set back 5f}0 feet from the property line and at a height that would block our view of the mining operation. We think that this distance and height are not too much to ask for consideringg the noises, dust and smelt that will be generated from the gravel operation. We are also concerned about vibrations firom equipment and its effect on our home. Att.3 of Sunde Engineering,lnc. letter dated Jan.17,1997 shows our existing mature pine trees. 1 fee! that this is not a sufficient screen. See figure 1. This figure shows the area in the background that will be mined. It is also stated in item #5 that there is an existin berm on the property situated between the house and the mining area. T~ere is not. Figure 2 (A) is looking east. (B} is looking north. Views are from our yard. In item #6 of Sunde Eng. Inc. letter it states that the mining activity will not occur any closer than 138 feet from the residence. 11Ve do not spend our entire day inside our house 1 am retired and spend a great deal of time outdoors. We have a large vegetable garden, #[ower garden and yard where we spend a great deal of time. The photographs on the attachments will attest to that. So when distance is talked about rt should be from the property line. Item #7 implies that dust will not be a problem. Haw will the mine floor, mine wall, and stock piles be kept wet? ff periodic rains will accomplish this weather patterrt5 will have to change. My vegetable and flower gardens require watering. Periodic rainfalls are not typical during the summer or any other time. Wind will carry dust from the operation of excavating equipment, conveyers, grizzlies,(traps)(rock sizing devices} rock crushers, trucks, asphalt plants, mine floors and mine walls. • The ground water problems that might occur and the holding ponds that will have to ~e in place have not been finalized. The city has recommended • a mutfiiple sett sedimentation pond sized fora 10 year 24 hour rain fait and maintain the pond at 90% of the required capacity. Dakota County Soil & Water Gonservat~on bistrict in a letter to James Robinette, Environmental Affairs Director dated Dec.31,1996 recommended that construction of a sediment pond for the proposed grave! pit be sized fora 50 year storm event. Item #8 We feel that 8 more years of living next to a gravel pit is unrealistic. The land could be developed in 10 acre parcels now for rural residential homes. The land south of the mining could tae developed commercial for tax base but with the mining operation and asphalt operation it would be difficult to attract tenants. We atso feel that the gravel site has significant impact to the surrounding land uses.. It will effect public heath, safet~r and welfare. A paragraph in item #8 also states that the mining, season ~s generally about 7 months and the actual mining and crushing actEVity only 2-3 months of the year. l believe this statement to be misleading There has been a crusher, grizzlyy and loaders operating at the asphalt site all winter and last night Jan.20,1997 at 7:00 PM we could hear the noise of the crusher operation in our house. We would like the .hours of operation limited from 7:00 AM to 5:00 PM Monday- Friday .and no weekend operation. item #1 Kristen Rojina of Sunda Eng.lnc. states that River City Asphalt crusher does not have a gr~zziy. I would like her to explain how they sate their • material. Jaw crushers that handle rock larger than 7 inches will make more noise because they have }arger jaws so more noise ~s generated as a target surface area is being impacted. They also require more horse. power to operate. The noise camas from the action of the jaws impacting the rock. t am also attaching a copy that pertains to dust produced by crushing and hauling rock. Fig. 3 NIQSHIupdate June 1996 In conclusion I do not believe my family and neighbors should have to be subjected to noise, dust, fumes, truck traffic and lower property values. The appearance of the area wilt be changed drastically. instead of what we have now, we will be looking at steep bare sided slopes and an area 40 feet deeper than 205th St. Sin/cerely, Walter and Grace Krawza cc:Frank Dempsey associate planner • City of Lakeville r `i ~ ~ ~ r ~r~- `T ~ s +r -e;r. V ~ 7i ~ ~ a T-/~_ roc%! f_%°-- L !~_e~~ L/- . ~r ^ / • _ ~ ~x e~. t _ X ' M ~ ~ N - ~ Y• S.. I , ~ . 1 ~ s ~ -e '-:t A' A < , , , a ~ , ~ ~ - - - _ r, , / ~J • ~ s~ l J • / 0. t ~ 1 a '~4' c` ~ ~ ~ ~ S ,a~ A S ~ I "~.~ti ~~`~144.~ i _ a1 ~ ;_if y1 ~ y i~ L 1 A .i . ~ 4 , • i NIOSHJUPDATE/SILICOSIS Page 1 ~t p ~ ,w; ~ '1 1 , S ~ S Y3 ~j rIy 'F s ;S ~ r7: t Contact: Fred B(osser (202}26QC78519 June 1996 NIOSH WARNS OF SILICOSIS RISKS IN CONSTRUCTION, SUGGESTS MEASURES TO REDUCE EXPOSURE * Exposure to respirable crystalline silica dust during construction activities can cause serious ar fatal respiratory disease. * Employers and workers can take several steps to reduce exposures and lower. risks. Exposure to respirable crystalline silica dust during construction activities can cause silicosis a serious and potentially fatal respiratory disease but employers and workers can take practical steps to reduce risks, according to an Alert released by the National. Institute for Occupational Safety and Health (NIOSH}. The NIOSH Alert, "Request far Assistance in Preventing Silicosis and . Death in Construction workers," details the hazards related to silica exposure among construction workers, provides prevention recommendations., and contains cases reports of construction workers who have died or are suffering from silicosis. Silicosis, a scarring and hardening of lung tissue, can result when particles of crystalline silica are inhaled and bee©rtte embedded in the lung, The disease can be progressively debilitating and fatal. In construction, workers can be easily exposed to silica when using rock containing silica ar concrete and masonry products that contain silica sand when preforming such tasks as chipping,. hammering, drilling, crushing, ar hauling rack; preforming abrasive blasting; and sawing, hammering, drilling, and sweeping concrete or masonry. Even materials containing small amounts of crystalline silica may be hazardous if they are used in ways that produce high dust concentrations. "The. human and economic costs of silicosis are unacceptable,." said NIOSH Director Linda Rosenstock, M.I1., M.P,H. "It is vital that government, industry, labor, and the public health community work together to help employers and workers recognize these risks and take action to avoid them," The following page contains recommendations for reducing workplace exposure to silica and preventing silicosis. Among some in the construction. industry there is a lack of awareness about the sources of • silica exposure, the nature of silicosis, and the causes of the disease. Construction workers, managers, and equipment manufacturers .urgently . 3 i NIOSH/UPDATE/SILICOSIS Page 2 r ~ need information about the hazards of breathing respirable crystalline silica. NIOSH requests your assistance in disseminating this information to those at risk and to those who can effect prevention. • NIOSx recommends the following measures to reduce exposures to respirable crystalline silica in the workplace and to prevent silicosis and deaths in construction workers: * Recognize when silica dust may be generated and plan ahead to eliminate or control the dust at the source. Awareness anal planning are keys to prevention of silicosis. * Do not use silica sand or other substances containing mare than 1$ crystalline silica as abrasive blasting materials. Substitute less hazardous materials. * Use engineering controls and containment methods such as blast-cleaning machines.. and Cabinets, wet drilling, ar wet sawing of silica-containing materials to control the hazard and protect adjacent workers from exposure. * Routinely maintain dust control systems to keep them in good working order. * Practice goad personal .hygiene to avoid unnecessary exposure to other worksite contaminants such as lead. * wear disposable or washable protective clothes at the worksite. • * Shower (if possible) and change into clean clothes before leaving the worksite to prevent contamination of cars, homes, and other work areas. * Conduct air monitoring to measure worker exposures and ensure that controls are providing adequate protection far workers. * Use adequate respiratory protection when source controls cannot keep silica exposures below the NIOSH REL. * Provide periodic medical examinations far all workers who may be exposed to respirable crystalline silica. * Post warning signs to mark the boundaries of work areas contaminated with respirable crystalline silica. * Provide workers with training that includes information about health effects, work practices, and protective equipment for respirable crystalline silica. * Report all Cases of silicosis to State health departments and OSHA. • DDHS (ATIOSH} Publication No. 46-12Q J u { ~ NIOSHJUPDATE/SILICOSIS Page 3 To obtain a copy of the NTOSH Alert, "Request far Assistance in Preventing Silicosis and Death in Construction Workers" DHHS (NIOSH} Publication No. 96-112, or far information on other occupational safety and health • COriCerns Call: 1-840-~5-NIOSH ar.1-804-355•-.4674. ~lie~or w~ /ast ap~dsbdE ~et~sr 81, !lt~s Ga back to the NIOSH home ~aae or to the CDC. home page. • •