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PL 04/16/2003 - 30904CITY OF FRIDLEY PLANNING COMMISSION MEETING, APRIL 16, 2003 CALL TO ORDER: Chairperson Savage called the April 16, 2003, Planning Commission meeting to order at 7:28 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Dean Saba, Barb Johns, LeRoy Oquist Members Absent: Brad Dunham, Larry Kuechle Others Present: Stacy Stromberg, Planner Scott Hickok, Community Development Director Humberto Martinez, 7786 Beech St NE Frank Frattalone, Frattalone Excavating, 3066 Spruce St, Little Canada Mark Hanson, Frattalone Excavating, 3066 Spruce St., Little Canada Curt Carr, Waymore Transportation, Inc., 8201 Hickory St. NE Richard Carlson, Park Construction Co., 7900 Beech St. NE Greg Welcome, Dahlke Trailer Sales, 1155 Old Highway 8, New Brighton Greg Dahlke, Dahlke Trailer Sales, 1155 Old Highway 8, New Brighton Siah St. Clair, Director of Springbrook Nature Center Malcolm & Annette Mitchell, Springbrook Nature Center Board � Neal Hayford, Springbrook Nature Center Board Nancy Jorgenson, Springbrook Nature Center Board APPROVE THE MARCH 19 2003 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the March 19, 2003, Planning Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a Special Use Permit, SP #03-06, by Humberto Martinez Suarez to maintain outdoor storage with proper screening, generally located at 7786 Beech Street NE. MOTION by Mr. Oquist, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:30 P.M. Ms. Stromberg stated the petitioner is requesting a special use permit to allow limited outdoor storage at his business located at 7786 Beech Street. The petitioner is requesting the continued storage of a 29' x 8' storage container in the rear yard of his property for the storage of stainless steel piping which is used for his business. He plans to convert the existing mobile n semi-trailer into a stationary unit. To accomplish this he will remove the tires and rest the unit PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 2 on floor supports. By lowering the unit, the petitioner will also meet the Code requirements for � the height of materials in this district which is 12 feet. Ms. Stromberg stated the property is zoned S-3, Heavy Industrial, Onaway Addition, as are all surrounding properties. When the property was developed in 1950, it was originally constructed as a single-family home. Most recently it has been used as an industrial property. In 1998, the City created a new zoning district for industrial lots below 1%2 acres in size with special attention to the Onaway Addition. The creation of this zoning district allowed lots in the Onaway Addition to come into compliance with the Code as it recognized the small lot sizes. Ms. Stromberg stated the petitioner has told staff that he will be putting slats in his fence to allow proper screening of the storage container. He will also be planting two pine trees to allow for additional screening. The City Code allows limited outdoor storage in industrial districts with a special use permit as long as nine specific code requirements are met. Those specific requirements relate to height, screening, parking, amount of outdoor storage, and the types of materials allowed to be stored outside. The petitioner is meeting or exceeding all of the requirements. Ms. Stromberg stated City staff recommends approval of this special use permit with stipulations as limited outdoor storage is permitted under a special use permit in the S-3, Heavy Industrial, Onaway Addition zoning district. If the special use permit is granted, the following stipulations should be attached: 1. The petitioner shall be responsible for striping his parking lot in order to comply with code requirements by December 31, 2003. 2. No outdoor storage other than the storage container can be located on site. Existing � outdoor storage must be removed. Ms. Stromberg stated that the Commissioners received a memo from the petitioner at the meeting. When she spoke with him today, Mr. Martinez stated he had planned on having additional storage besides the trailer and so he submitted a memo stating the other items which he would like to have stored within the fenced-in area in the rear yard of his property. Even with those additions, he still would be in compliance with the Code. So, staff is fine with allowing him to have additional storage besides the storage container; and he can address any questions the Commissioners might have. MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the memo from Mr. Martinez dated April 16, 2003. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick asked how much storage Mr. Martinez would be allowed to have. Ms. Stromberg stated he is allowed 50 percent of his building footprint. His building size is roughly 6,000 square feet so he would be allowed to have 3,000 square feet of outdoor storage. Mr. Kondrick asked the approximate square footage of the trailer. Ms. Stromberg stated the trailer is about 232 square feet. ^ PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 3 � Ms. Savage asked if, in addition to the items that Mr. Martinez had enumerated in his memo, he would need to come back to the Planning Commission if he wanted to store additional items? Mr. Hickok stated the guidelines that are embedded in the ordinance say that a petitioner can go up to 50 percent of the floor area for outdoor storage with a special use permit. If that is being requested this evening by Mr. Martinez' memo, he would certainly be entitled on this property to have up to 3,000 square feet of outdoor storage. At this time, staff does not see any need to limit that, but the Commission could certainly refine stipulation #2. The report was already mailed out so staff didn't have an opportunity to change that stipulation. In light of the acceptance of this memo, if Commissioners wanted to accept any terms for additional storage, then they can tailor that stipulation to say what they would like or just allow the site to go up to 3,000 square feet of outdoor storage. Mr. Kondrick asked if any neighbors had objected to this request? Ms. Stromberg replied she had not heard from any neighbors. Ms. Savage asked when a special use permit is needed for outdoor storage if there is compliance with the regulations, is there a need for a special use permit? Ms. Stromberg stated limited outdoor storage is allowed in the Industrial District only through a special use permit. So, outdoor storage is not permitted by right at all. If a property owner wants to have outdoor storage, the owner must apply for and receive a special use permit. Mr. Oquist stated that in looking at the petitioner's site/floor plan, there appears to be a large i� area of proposed storage. Is that storage existing now, or is that going to be constructed; and, if so, why does the petitioner need all this outdoor storage? The petitioner, Mr. Bert Martinez, thanked the Commission members for allowing him to be there. The nature of his business basically is they do most of the work outside of their facilities. They make installations of large piping systems in food processing plants: food, beverage, brewery, and cosmetics. So, normally, storage for those pieces of equipment is large. Outside storage where they store basically their pipes is where they have trucks. The outdoor storage he is asking for is basically the trailer that holds stainless steel pipes. Inside the trailer now that will become disabled, he stores special kind of pipes that are very expensive and they need to be under key. That's basically the only reason they are in a container, to be under key. Mr. Oquist stated that on the site plan, there is a proposed storage area that he assumes to be built? Mr. Martinez replied, no, that part was built in the 1980s so it has been there for about 10-15 years. Right now the trailer is quite full of outside storage. It's probably about 460 square feet. They take the trailer that is 30' x 8', that's 248, and they have finro racks and four or five drums that he has outside that is just scrap material. All those trucks that are towards the very end of the property need to be fenced. It is not his intention to keep on storing stuff outside, because he needs the outside parking lot to store his trucks when they are not in the field. In the morning, his employees take the trucks out and they store their own personal vehicles inside, and do the opposite at the end of the day. So he is not going to be putting in more storage there. That would be it. He just measured it, and it's about 468 square feet. � PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 4 Ms. Johns stated she noticed in the picture where the trailer was currently located, it looked like � there was some wood pallets undemeath the truck. She asked if Mr. Martinez would be removing the wheels on the truck. -- Mr. Martinez replied he is going to be removing the wheels on the truck just to disable it from being a mobile item. Ms. Johns asked if he was going to then store the pallets undemeath there? Mr. Martinez replied he needs the storage underneath the trailer and that is where the wooden pallets will go because sometimes they need to make shipments, and those pallets are for shipping equipment and materials. Everything will be under 12 feet, most definitely. The main reason for this is, if he puts the container right to the floor, he will still have 4 feet to put pipes outside, on the top of the trailer, a container, or whatever. This way if he keeps them undemeath, the look from the outside will be very neat. He is very concemed about the looks of the City. He has all his fence already covered, and trees have not been planted because it's not the right time. So, he has done pretty much all he can do up to this point to already meet ahead of time all of the requirements that are going to be imposed in the future, because it makes sense for the beautification of the City. Mr. Oquist wanted to confirm that Mr. Martinez is going to be lowering the trailer to meet the 12- foot requirement but will still store some of the pallets undemeath. Mr. Martinez replied, yes. Ms. Savage asked if it was correct that Mr. Martinez is saying he is not going to have any � additional storage? � Mr. Martinez replied he did not intend ever to have additional storage, because he needs all that area free to store his trucks that go to the field. Also, they need the room to be able to tum around in order to get into the other building that he is mentioning where they have storage. Sometimes they need to get in there with the trucks to load inside. And in the wintertime, they try to keep vehicles inside to stay warm. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:47 P.M. Mr. Saba stated he had no problem with this request. Mr. Kondrick stated he has known about this building for a long time. It used to be a wood- manufacturing place years ago. He didn't have any problems with the special use permit request either. Ms. Savage agreed. Mr. Martinez is indicating he is not going to have any additional storage, so she would recommend the Commission just go forward with the finro stipulations. Mr. Oquist stated he believed stipulation #2 has to be changed because that indicates that the storage container is going to be the only thing located on the site, and Mr. Martinez is � requesting additional storage. PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 5 n MOTION by Ms. Johns, seconded by Mr. Kondrick, to recommend approval of Special Use Permit, SP #03-06, by Humberto Martinez Suarez to maintain outdoor storage with proper screening, generally located at 7786 Beech Street NE, with the following stipulations: 1. The petitioner shall be responsible for striping his parking lot in order to comply with code requirements by December 31, 2003. 2. Outdoor storage on site shall not exceed 3,000 square feet. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this will go to City Council on April 28. Mr. Martinez will need to attend that meeting. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #03-07, by RJ Ryan Construction Inc., for the purpose of a rock crushing operation on the north side of the property, generally located at 8170 Hickory Street NE. MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:47 P.M. Ms. Stromberg stated the petitioner, RJ Ryan Construction Company, who is representing � Frattalone Excavating and Grading, Inc., is requesting a special use permit to allow a rock crushing and recycling facility on the northem 325 feet of the property located at 8170 Hickory Street. Dahlke Trailer Sales Company will occupy the southem portion of the property. The subject property is located on Hickory Street, which is vacant and has never been developed. The property is zoned M-3, Outdoor Intensive Heavy Industrial. The properties to the north, east, and south are also zoned M-3, Outdoor Intensive Heavy Industrial. The railroad tracks are directly west of the property, and the property beyond the railroad tracks is zoned M-1, Light Industrial, and M-4, Manufacturing Only. Ms. Stromberg stated that in late 1992, the M-3 Outdoor Intensive Heavy Industrial zoning district was created and approved by the City Council. The intent of this new industrial district was to control the location of outdoor intensive uses to assure compatibility with adjacent users. The purpose was to allow the location of trucking terminals and intensive outdoor uses such as crushing and recycling facilities. The properties in which the M-3 zoning applied are generally located between 79�' and 83"� Avenue and the railroad and Main Street. Ms. Stromberg stated the crushing operation will be 489 feet from the nearest trail in Springbrook Nature Center and 745 feet from the nearest single-family home. The closest neighbors are industrial properties. The City Code allows the operation of a rock crushing facility with a special use permit in the M-3, Outdoor Intensive Heavy Industrial, zoning district. The petitioner is requesting the location of a rock crushing and recycling operation on the northem 325 feet of the property located at 8170 Hickory Street. A rock crushing and recycling operation involves taking used concrete and asphalt materials and recycling it into high-quality Class 5 or Class 6 gravel-based product. Dahlke Trailer Sales will be located on the southem � end, and Frattalone Excavating will be located on the northem end of the property. PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 6 Ms. Stromberg showed slides of the rock crushing material and rock crushing equipment, and Mr. Hickok explained each slide. ^ Mr. Hickok stated they had an opportunity to visit this site off Old Highway 8 behind Bellaire Excavation. At that time, the Frattalone group was working on that site with the equipment that they would expect to see on the site in Fridley. Mr. Hickok stated this process is really a series of stations where the material goes from its raw state that they see on the ground to a crushed state and ultimately to a finished-product state. The finished product is a very high quality surface material used in road engineering. Ms. Stromberg stated she will talk about the noise concept of this request. To prepare for the request, staff conducted an on-site inspection of Frattalone's rock crushing operation. The equipment staff viewed and heard will be the same equipment used on the proposed site. When staff was sitting in a vehicle 200 feet from the rock crushing equipment with the windows shut, the decibel level was 54. When the windows were opened, the decibel level went up to 70, still the 200 feet from the rock crushing equipment. When they were at 100 feet from the equipment, the level with the windows closed was still around 54 and, with the windows opened, it went up to 75. With the windows open at 50 feet from the equipment, the decibel level was at 76. The City's noise ordinance states that noise in the industrial districts cannot exceed 80 decibels at the property line. Ms. Stromberg stated that regarding the dust and dirt component of this request, Frattalone Excavating has a permit with the Minnesota Pollution Agency for dust control. This air emissions permit authorizes the construction, modification, and operation of non-metallic mineral processing. When staff conducted its site visit, they also observed how the dust � operation is controlled. Throughout the rock crushing process, there are several water- sprinkling devices that keep the material wet which aids in reducing the dust level. As a result, there is minimal dust created from the machine and the process. Frattalone Excavating will be required to pave the driveway and install curbing. This will also help minimize dust. Frattalone Excavating will also be required to sweep and clean the streets daily, or more if necessary, to rid the streets of any dirt or debris. Ms. Stromberg stated City staff recommends approval of this special use permit with stipulations. The stipulations should reduce any adverse affects experienced by neighboring property owners. Staff recommends that if this special use permit is granted, the following stipulations should be attached: a. The hours and days of the rock crushing operation shall be limited to 7 a.m. to 7 p.m., Monday through Saturday. b. Crushing shall occur 12 weeks a year, with not more than 4 weeks being during the months of May through September. c. Each year the petitioner shall provide the City with a calendar in which the weeks of crushing will occur. d. The maximum height of all stockpiles shall not exceed 15 feet. e. The final landscape and screening plan shall meet code requirements and be reviewed and approved by City staff prior to commencement of operation. f. An 8-foot screening fence shall be installed on the west, north and east perimeters of the site and shall be properly maintained. g. A storm pond maintenance agreement shall be filed with the City prior to commencement of operation. h. The drive aisle shall be paved and concrete curbing installed as indicated on site plan. PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 7 ^ i. Crushing of limestone shall be prohibited. j. Water service and use shall be through a permanently installed water meter. � k. The petitioner shall obtain an NPDS industrial discharge permit or certify a condition of no exposure from the Minnesota Pollution Control Agency. I. All State and City regulations shall be met for noise, dust and air quality. m. Noise levels shall not exceed 80 decibels at the property line. n. Truck traffic shall be routed on 81� Avenue to and from University Avenue. o. Site to be watered as needed to keep dust down. p. All loads shall be watered when leaving the site and streets shall be cleaned daily if necessary. q. Special use permit shall be reviewed in one year to ensure compatibility. Ms. Savage asked if they have had any questions or complaints about this request. Ms. Stromberg replied they did hear from one neighboring properly owner who said he planned to attend the meeting to better understand exactly what was going to be happening on site. Mr. Saba asked how far out from the properly were the notices mailed? Ms. Stromberg replied, 350 feet. Mr. Hickok stated the legal notification process is 350 feet from the boundary of all properties. That is standard practice for all special use permits or any other action that requires public notification. They also publish in the City's official newspaper (Sun Focus) so that the entire City is made aware through that form of notification. � Mr. Oquist asked about the pictures of the other rock crushing operation on Old Highway 8. Is that operation still there, or is it moving to Fridley? Mr. Hickok replied that equipment was being used for some contract work on that site. The equipment is very mobile, and that equipment will be moved to the Fridley site. Mr. Oquist asked if the equipment would then be permanently located at the Fridley site. Mr. Hickok stated that as the stipulation says, the equipment would be there 12 weeks a year for rock crushing. The equipment may be moved off the site during non-crushing times in Fridley and moved to another area for contract crushing and that type of thing. Mr. Frank Frattalone of Frattalone Excavating, stated he would answer some of the questions raised. One of the questions was whether this equipment would be coming in and staying here. He stated it would only be in there for a short time, about 12 weeks out of the year where the crushing equipment itself would be in there. The operation is generally recycling material of the concrete and asphalt and also black dirt. It takes quite a while to accumulate that kind of material. They had originally thought they could go in there with 40-foot piles, but there is an ordinance in the City that the piles can only be 15 feet high which means they can't get as much material in. So, when they come in to crush it. it will only be 30,000 tons. So they probably would be in the first year twice and, after they build the business up, three or four times a year; because they can only get so much material in there for crushing. So, a total of 12 weeks would be plenty; and they would be happy with that while the crushing operation goes on. �` Mr. Frattalone stated he would like to emphasize that it's actually recycling, not so much crushing. They do demolition also and they are averaging about 90 to 92 percent recycling on PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 8 a concrete building that they take down, like a downtown structure. They recycle steel, aluminum, and the concrete, etc., and the other 8-10 percent goes to a landfill. Years ago, all the concrete and asphalt used to go into landfills or was buried in all the lower areas and now they recycle it and make a good gravel. Classified gravel is what is used undemeath the highways and driveways and parking lots. It's a very well-needed product and it's a very good selling product also. Mr. Saba asked what part of the year would they run the crushing operation. Mr. Frattalone stated the stipulations stipulate that they are only supposed to be running the operation four weeks between May and September. He would like to ask if they can get that extended to six weeks. Because of the smaller amount of material now; they can only put 30,000 yards in there. It usually wouldn't be a problem if he could get in there, but he would probably be getting in there twice within that time period and the four weeks probably wouldn't be enough time for that period. He doesn't need more than 12 weeks throughout the year, but he would like a little bit more than four weeks. Mr. Saba asked if they need to operate 12 hours a day? Mr. Frattalone replied they generally do when they are crushing. Ms. Savage asked if there were any problems with any of the other stipulations? � Mr. Frattalone replied he has a couple of issues. Regarding stipulation #3, he would not have a problem letting the City know what time of the year or which exact date they would be crushing, but they don't know that. It depends on how soon they can get a pile accumulated. It's hard to � give that date. For example, if they were to get a permit by May 1, it may be July 1 or August or `- September before they can come in and crush. He would say the first time would probably be like August or September. He asked if there was any flexibility for that stipulation. Can they give a tentative date and then change it? Mr. Hickok stated the City will be going through its own leaming curve in the first year, and staff will be reviewing the special use permit after the first year. He did think there could be some flexibility, understanding that the company needs to have the material first so they might set out in the beginning of the year and have their calendar set for May crushing, only to find out it's July before they have the materials. So, the purpose behind the stipulation was so City staff could have a pretty good idea on when to expect the crushing. Mr. Hickok stated staff hoped that through this stipulation, they would eventually be able to narrow that down and know the window of time that the crushing operation will be there. Then once it starts, if they get r,alls about noise, without having to visit the site, they will know by looking at the calendar that they are in this period when crushing is occurring. He believed there is some latitude to change the wording of this stipulation. Mr. Frattalone stated they are willing to work with City staff any way they can. He guessed he would just like to leave that window there that maybe they could give the City a 30-day notice of any change. Would that work for staff? Mr. Hickok replied he thought something like that is reasonable. The purpose is so they know and can to respond to callers. � PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 9 Mr. Oquist asked if he can change that wording to just say "provide the City with a proposed ^ calenda�'? Mr. Hickok replied, yes, a proposed calendar with ongoing updates if modifications are necessary. Mr. Frattalone stated that regarding stipulation #4, he is going to leave that alone as he knows the 15-foot limit is a City ordinance. Next year, they may request a variance to that ordinance. He believed they can run their operation more economically if they had a higher pile, but they are willing to go in with the ordinance and prove a point that they can have a nice operation without a variances. Mr. Kondrick asked if there could be more than one pile; for example, four 15-foot piles. Mr. Frattalone stated they need the whole area to get 30,000 yards of raw material in there. So it could be one pile or several piles or whatever, but it would cover the whole footprint of their area. They can't fill the whole site with raw material because they need a place to put the finished product. Mr. Kondrick asked if his goal is to have one 15-foot pile of finished product. Mr. Frattalone stated they will probably level the pile out as they crush because the conveyor drops it at about 25 feet. They can adjust the height of that conveyor, but then they'll level the peaks off, so they will go no higher than 15 feet. The only problem he has is the capacity of how many cubic yards of raw product he can store on the site when the height limit is only 15 � feet. Ms. Savage stated she is not clear about this. Are they talking about the raw produ�t or are they talking about the finished product for the stockpiles? Mr. Frattalone stated they are talking about both piles on the height. The finished product is not as important because that's sold as they are crushing. It doesn't really drive the ship. What drives the ship is the amount and quantity of material they have before they come into crush. It's very expensive to move this machine in, and they don't want to come in for a small amount. They want to come in for as much as they can. They can live with the 30,000 yards; but the more they get, the more efficient they are. Mr. Frattalone stated staff has done a really good job and they have been pleasant to work with. The landowner had mentioned he had a misunderstanding with the 8 foot fence. Mr. Frattalone believed they had proposed a 6-foot fence. Is it 8 feet total with the berm, or is that just 8 feet on top of the berm? Mr. Hickok stated it is proposed in the stipulation to be an 8-foot fence on top of the berm. Ms. Savage asked the reason for that. Mr. Hickok stated that in this district because outdoor storage is prevalent, the additional height of the screening fence really brings down the view into the site so, if there is an abundance of outdoor storage, whether it's mechanical equipment or trailers or stockpiles, what you are seeing from the road is a landscaped berm. So, you are not really seeing what's happening � inside the operation from the roadway. PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 10 Mr. Oquist asked, would it look like what Park Construction did along Beech? n Mr. Hickok replied, yes, and the same type of thing for the trucking firm across the street. Ms. Savage stated staff has then required the 8-foot screening fence above the berm for other properties? Mr. Hickok replied, yes. Mr. Frattalone stated that regarding stipulation #6, they have never watered their trucks before leaving a site before. They do a really good job on their dust control with watering their roadways, watering their piles, and watering as they are crushing. It's not something that can't be done, but it would be kind of a pain to be watering trucks as they leave, partially because part of their operation is in the freezing months. The water would be freezing on the trucks and icing up. He doesn't think this stipulation is necessary. This material mostly has moisture in it when you haul it, and it doesn't spill. Mr. Oquist asked if his trucks have that screening over the back, over the box. Mr. Frattalone stated they do not. Mr. Saba asked if he knew the direction where that water is going to go from the spraying during the crushing operation itself. Mr. Frattalone stated that if you walked around their crusher now while they are watering, you would not see a puddle of water running off. Everything is absorbed into the material that is being crushed. They fan the water to sprinkle it just to control the dust, so there really is no runoff and everything is graded towards the pond and storm sewers. Everything is going into the sediment pond off their site. So, if there was any accumulation, it would go into that holding pond. Mr. Kondrick asked if he has to spray water in the wintertime, how does his site keep from freezing up? Mr. Frattalone stated that is a very good point. When they spray water in the wintertime, they have to blow the hoses out every night on the crusher. Also, it is just a short period of time they are going to be crushing, but the trucks will be hauling all the time. They crush into December, but they do not crush in January and February. This year they crushed in January because it was warm, but they still had to blow all the hoses out every night. They were able to do that because it was a short-time operation. Ms. Savage asked how staff feels about the necessity of stipulation #16. n Mr. Hickok stated that although he understands the Mr. Frattalone's and the petitioner's concem, he is concemed about airbome particles from the trucks as they enter and exit the site, particularly exiting the site with the material. He appreciates the fact that the material is being watered through the process and, as it sits in the pile, it probably retains some of that water. However, he believed that watering the trucks exiting the site is not a bad idea. In his previous experience with crushing and gravel operations in another city, that city required that trucks be watered. It is like a rinse cycle as you're going through a touchless wash as it gets the particles that might be most prone to be airbome once you change direction on the street, and � PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 11 the wind catches it and holds them down. What they are really interested in is no impacts to � surrounding properties. Mr. Kondrick asked if it would be easier to sprinkle or tarp. Mr. Hickok stated that tarping would certainly be an option, and staff would accept that as an altemative to stipulation #16. Mr. Frattalone replied they would much rather sprinkle than tarp. One of the big problems they have in this operation is that they sell a lot of material to other vendors; and if they come in without a tarp, then they can't sell to them. Mr. Malcolm Mitchell, Chairperson of the Springbrook Nature Center Foundation Board, stated he was at the meeting, along with some other members of the Board. to express their deep concem regarding the proposed installation of a rock crushing operation on land which is about 300 feet from the southem boundaries of the Nature Center. Springbrook Nature Center Foundation is a non-profit organization. It was founded in 1973, working with the local community of Fridley, to develop, protect, and enable program activities as Springbrook Nature Center. It's a 127-acre parcel of land that was dedicated in 1974. Also at the meeting was Siah St. Clair, the Director of the Nature Center and an employee of the City, and other Board members. Mr. Mitchell stated Springbrook Nature Center exists and creates opportunities to people to renew their community experiences in natural areas. It enriches their lives, restores their well- being, and teaches them the environmental lessons necessary to sustain the natural places that � nurture their spirits. In fact, the essence of a nature center is a quiet, peaceful setting, where individuals can listen to birds, sounds of nature, observe the natural beauty, and enjoy the environment. Mr. Mitchell stated the Nature Center is a major contributor to the community by the educational activities that it performs — over 600 formal programs a year, attracting more than 20,000 persons including 8,300 school children in environmental education and from the area schools. The visits represent tens of thousand of people each year who are there to experience nature, the natural plants and natural wildlife and the beauty of the setting. They are there to create a community that is serving as a safe and accessible venue that offers a mix of activities to citizens of all ages, income levels, and physical abilities. Mr. Mitchell stated the theme they have established for the Nature Center over the years is timeless nature, working to nu�ture the human spirit and the community. Their vision statement includes the following: "An inviting passage into and out of a timeless nature. A sharing and affirming place for people. A place for celebrations of life. A retreat to nurture self. A living statement of the power of nature nurturing the human spirit. A place to reflect the integrity of nature and natural process and a place to educate about nature and the natural processes.° Mr. Mitchell stated that from their perspective, they really believe it is truly unfortunate that this area south of the Nature Center, this close to the Nature Center, was zoned M-3, Heavy Industrial Outdoor Intensive District. In their opinion, this zoning designation shows a lack of adequate sensitivity for the potential negative impact such activity uses may have on the value of the Nature Center as a close neighbor and for the activities that go on there. � Mr. Mitchell stated they certainly recognize the efforts of the Frattalone Excavating Company to recycle concrete and to protect the further degradation of our environment. However, they are PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 12 deeply concemed about the noise, air, and visual pollution that will occur at Springbrook Nature Center because of this proposed rock crushing operation which is so close. The result is a '� detrimental impact to Springbrook Nature Center and all of its vision statements. Mr. Mitchell stated they believe, and can demonstrate, that Springbrook is a jewel that needs to be protected from harm in every way possible. The work that has been done over the last 29 years to permit residents of Fridley and surrounding communities to enjoy the natural beauty and serenity of Springbrook will be degraded. The efforts that are now being implemented to restore the wetlands and the work to redevelop the entrance area project may be wasted as some of these developments occur. Mr. Mitchell stated the primary issue is noise. A rock crushing operation makes substantial noise. It's their understanding it would be about 75 decibels at about 100 feet from the crusher. It's also their understanding that Frattalone plans to use the crusher for up to 12 hours a day. It's not clear how many days a year it will be used, although they have heard testimony of that at the meeting tonight. However, even if the initial use is minimal, they are really not sure what will happen in the future as business or the economy picks up. Part of the value of the Nature Center is the peace and quiet and the ability of visitors to hear birds call and experience a sense of solitude and meditation. Mr. Mitchell stated that in reviewing the Northstar Comdor Rail Line final environmental impact statement in which the Springbrook Nature Center is listed, they categorize the level of noise which will provide severe impact on Springbrook Nature Center as greater than 66 decibels. They talk about the trains there being no more than 55 decibels on a short period of time when they go by. This proposal is 75 decibels. The noise from a rock crushing operation will be constant for up to 12 hours a day. Individuals near that level of noise should wear protective � ear equipment so as not to damage their hearing. Individuals really cannot experience the solitude and the beauty of a bird call with that kind of noise nearby. Can anyone picture bird watchers using ear protectors in the Nature Center? Mr. Mitchell stated they are concemed that migratory birds and other animals will choose to avoid these areas because of the noise. This may remove some of the more valuable sightings of birds that travel through in a migratory route each year at the Nature Center. In addition, migratory birds are nesting at this time of the year at the Nature Center. They would certainly urge that the stipulations reflect that the use of the land not interfere with bird migration and nesting. Mr. Mitchell stated they are also concemed about the air pollution. They recognize that Mr. Frattalone is talking about wetting down the loads, etc., and the water that is used in the operation will keep the dust to a minimum; but any time there is wind (particularly from the south which flows back to the north), the dust will obviously degrade the beauty of the Nature Center and its use by residents of Fridley. In an interrelated way, the piles of uncrushed and crushed rock create water pollution. Most of the materials to be crushed are composed of concrete and are very basic pH. Such basic pH when it enters a stream or wetland will kill fish and other water animals. This property is very close to the water table and may also flow through Springbrook in some way. Again, it will diminish Springbrook, a jewel for the citizens of Fridley. Mr. Mitchell stated the piles of uncrushed and crushed rock create visible pollution. They have heard the stipulations about height and visibility. They certainly support those stipulations. � They would like to propose a slight modification on a couple of those stipulations. And, again, the visual impacts of the stockpiles are clearly a degradation on the value of Springbrook. PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 13 '^ Mr. Mitchell stated the investment that is now under way in Fridley and surrounding � communities, as well as the Minnesota Pollution Control Agency and the Metropolitan Council, to restore the wetlands potentially could be a wasted effort if this is degraded. Therefore, they as a Board, oppose the use of this property for a rock crushing operation. They are, however, aware that such an operation is currently acceptable as the properly is zoned and so they strongly urge the Commission to approve the stipulations recommended by the staff as part of the special use permit. They obviously cannot move the Nature Center. They c:an only maintain and not degrade the value of the Nature Center for the City of Fridley and the surrounding communities. They urge them to do the right thing and, with this in mind, they suggest the following modifications and additions to the recommended stipulations. Mr. Mitchell stated that in stipulation #2, they would like a word change or really a clarification of the way they look at rock crushing. They propose the following change: "Crushing shall occur no more than 60 days a year with not more than 20 days being during the months of May through September." And if you're really talking about the 6-day week which was talked about before, those numbers would become 72 and 28. So they are talking about a daily operation as opposed to weekly operation as a more refined way of approaching that. Mr. Mitchell stated that in stipulation #4, they are recommending the following change: "The maximum height of any stockpile shall never exceed 15 feet." Again, they are very concemed about the sight lines to people enjoying the Nature Center. Mr. Mitchell stated that in stipulation #10, dealing with the flow of water, they would like to add a clause that stipulates the minimum total gallons per minute of water flow required to settle the �` dust during operation. Sometimes the hoses are down, etc., and in most situations the dust does emanate quite strongly, so they think there should be an additional stipulation along this line. Mr. Mitchell stated that in stipulation #11, they would recommend the following change: "The petitioner shall obtain all the necessary permits and approvals that are required by the Minnesota Pollution Control Agency." This may include, but not be limited to, an NPDS permit which is what they already had, a certification of a conduction of no exposure, a storm water Phase I or Phase II permit, Error Omissions Permit regarding particulates environmental assessment worksheet etc. And those would be required by the Pollution Control Agency. Mr. Mitchell stated that in stipulation #13, they would recommend the following change: °The noise level shall comply totally with the Fridley Noise Ordinance, including the decibel measurements and the location at which the measurements are to be taken, provided that the noise levels shall not exceed 66 decibels at the northem boundary." That's the northem boundary of this property. Mr. Mitchell stated that regarding stipulation #17, they ask the question: What does ensure compatibility mean? They assume that means the other stipulations altogether and the operation over the years. Mr. Mitchell stated the Board would propose adding a stipulation #18. "The petitioner shall determine and document the pH of the creeks, streams, into which runoff water from the property will enter. This shall include any cyclical variations in pH that may occur on a daily, � weekly, monthly, seasonal or other basis. The runoff and/or discharge from the petitioner's property shall be maintained with a pH range of 6.5 to 8.5 as measured 20 feet downstream from the discharge point." He stated, again, they are very concemed about heavy rains, etc., PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 14 which will hit this property and will throw base pH into the water streams and into the groundwater as a result, killing fish and other animal life within the water. Mr. Mitchell stated they would also propose adding a stipulation #19 which goes back to their major concem about noise: "The petitioner shall fumish sound measuring equipment to Springbrook Nature Center as follows: one portable battery operated decibel meter with the capability to document sound level readings over at least a 24-hour period and sufficiently accurate and sensitive to determine compliance with the City of Fridley ordinances that specifies sound levels. If and when either portable device has operational difficulties that would render it unable to meet the above requirements at any time in the future, the petitioner shall provide a fully-operational portable device of equal or greater functionality within a short period of time, meaning days not weeks." Mr. Mitchell stated those are the additional stipulations and language they would like to propose. He thanked the Commission for the opportunity to speak regarding this special use permit request. He is not sure at this point in the meeting if the Commission has the ability to just accept the proposed stipulations without some study, or if they can table the special use permit for more consideration. He stated the Board is certainly willing to work with the City and with the applicant, if possible, to try and attain the best possible outcome for the Nature Center. MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive into the record the written statement submitted by Malcolm Mitchell, Chairperson of the Springbrook Nature Center Foundation Board. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � Mr. Curt Carr, stated he is one of the owners of Waymore Transportation, the property that is going to be adjacent to Mr. Frattalone's proposed rock crushing facility. His biggest concem is truck traffic, particularly during the summer months. He is in the trucking business and handle about 60 percent of the produce that Cub Foods gets from Califomia, Washington, and the east coast, and they distribute that produce out of their facility. They have about 60 semi-trucks going up and down that road all week long. Anytime during the summer months, they can have 40 semi-trucks unloading on a Monday moming. So, befinreen their operation, the rock crushing operation, and CCX's operation, they are going to have a lot of truck tra�c. Mr. Carr stated the other thing he is concemed about is the level of dust. Mr. Frattalone explained his position on that. He is very familiar with the rock crushing operation, and he is very familiar with Park Construction. He knows that Mr. Frattalone custom crushed for Park this last season, and the operation didn't affect them. The only thing that bothers them is in the summer months when you get a southwest wind and you have stacked Class 5 piles. He understands the pile height will be set at 15 feet which is, in his business, impossible. He doesn't understand how Park never had to adhere to the 15 foot height limit. Regardless, when there is a southwest wind, the Class 5 piles dry out at the top, and there is a lot of dust blowing across. There is nothing he can do about it because Park Construction was there before they were so they are grandfathered in. But those are their concems. Mr. Richard Carlson, Chairman of the Board of Park Construction Company, stated he retired a couple years ago but still has an interest in the company. For 32 years, Park Construction originally owned 20 acres bounded by 79�' and 81 � on the north and south and Beech Street on �.,� the east. From the railroad tracks on the west with the exclusion of 7 acres, he had purchased over a period of years as each parcel became available. He is not there to object to the rock PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 15 crushing permit, but he wants them to be aware that Park Construction has had a permit to � crush rock since 1982, not on the 7 acres, but on the Park Construction site which has recently been sold to Extra Leasing who is going to have a truck terminal there for storing trailers. Since 1982, they have requested a special use permit to crush, and they have never been denied. They have had public hearings. He did not believe they had ever heard from Springbrook Nature Center. They have heard from a few property owners on the west side of the tracks who had no real objections. Mr. Carlson stated that being on that site for 32 years, they have seen deer, fox, muskrats, and all kinds of animals. Those animals were still there when he left the company. As far as Springbrook, he did not believe the rock crushing operation was going to affect Springbrook Nature Center one iota. Mr. Carlson stated that as far as the concem about the dust from the tops of piles blowing off, he has never seen that happen. The dust on the ground may blow off, but not the tops of the piles. Most recently, Frattalone Excavation crushed for them. Part of the material was stored on the property that he owned and part of it was on Park's. Presently the rock is piled on the property that he owns personally. They have cooperated with the City for all those years. They have done everything they have asked them to do. He has now asked City staff if the City had ever had any verbal complaints about Park Construction; and, to the best of City staff's knowledge, they said they had not. Park Construction is still an effective company; however, it has downsized and will be operating on the west 7 acres of the Park property, which is directly south of the property that on which Dahlke is going to build. Mr. Carlson stated that if this special use permit is approved, he certainly wants it to be known ^ that if Park comes in for a crushing permit, too, they will not be denied if they meet all the criteria that has been requested from this current special use permit request. The Planning Commission has to keep in mind that they will have two crushing permits. Park has crushed since 1982 and never had any problems with dirt in the streets or with truck traffic. If they did, they cleaned it up. They have been a good neighbor to the City of Fridley and a good representative of the City of Fridley. They have let the City haul all its concrete into their yard at no cost. They have always been there to help Fridley in emergencies. They plow the streets for Fridley in their area, and they have been most cooperative in every way possible; but he wants to make sure they understand that if this permit is approved by the City Council that, when Park comes up with a permit request for a small crushing operation, they are not denied. Mr. Carlson stated Springbrook is a wondertul amenity in Fridley, but the Commission should remember that the businesses support the tax base in the community, not Springbrook. What the Springbrook Board has asked for is very legitimate, but there comes a time when someone can ask for too much so that it makes it almost impossible for companies to conduct business. Ms. Nancy Jorgensen stated she spent 14 years on the Fridley City Council, and she can attest to Park Construction being a good neighbor. She doesn't remember ever receiving a complaint on them, and they have served the City well. However, in addition to the rock crushing facility, trucks will probably be delivering materials every week into the property until they fill up that particular site. So they are going to have trucks backing up, they're going to have the emergency beeping as they are backing into the property, and they are going to have the noise as the piles are dumped. That's going to be ongoing, even if the actual rock crushing is kept to so many weeks. The Nature Center has a very delicate ecosystem at this point in time with all of the building that has occurred around them in the last 20 years. They were very successful �\ in just getting a Phase II MPCA grant to help them reinforce the plant vegetation there that has been destroyed from water runoff. PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 16 Ms. Jorgenson stated she, as well as many of the Nature Center Foundation members, are '� concemed about this operation and the affect that it may have on the Nature Center and on Norton Creek, as the water is piped through and then further on to the Mississippi River. Rock crushing is a permitted use on that site, but she would really encourage the Commission to pass the stipulations as recommended by staff and to take a look at some of the stipulation changes recommended by the Board as well. Mr. Carlson stated that after sitting in an office at Park Construction for 32 years, he can assure them that the crushing operation will not cause any more of a sound effect than the Burlington Northem diesel trains that has a big load coming through there. The noise of those trains chugging up that uphill grade far exceeds the rock crushing noise. He asked Mr. Hickok if the City had ever taken a sound reading of a diesel engine going up the uphill grade. Mr. Hickok stated he has not. Mr. Carlson stated it would be a good idea because he believed that those diesel engines when they have a 100 plus car load pulling up that grade will far exceed the 70 decibels that they are holding in the crushing operation. He stated you can drive by the rock crushing operation, and you don't hear it. He thinks the noise is of very minimal concem. Dust control is important. If the height is a problem with the City, people can live with that. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:58 P.M. ^ Mr. Oquist stated the Nature Center is not adjacent to the property where the rock crushing operation will be, is it? Mr. Hickok replied, no, there is a 325-foot wide industrial site that is remaining vacant to the north of the crushing operation. Mr. Kondrick stated it seems to him that dust is going to be an issue, but if they do what they say they are going to do. that issue can be met. He is really concerned about the affect of the noise on the Nature Center. Ms. Savage stated maybe the Planning Commission should table this request in order to study the proposed stipulations suggested by Mr. Mitchell from the Nature Center Board and to further discuss the stipulations with the petitioner. Mr. Kondrick agreed with that. He would also suggest the idea of berming the site, as Park Construction has done, and then putting a fence on top of it, a fence with slats or plastic slats. He is saying plastic so that it keeps the dust out and provides more of a sound barrier. He would like more time to study the Nature Center's proposals in terms of add-ons and changes to the stipulations. This would also give the petitioner time to consider the suggested changes. Mr. Saba stated he has never felt so pro to an operation such as this, yet opposed for the reason of the Nature Center. He thinks it is commendable what Mr. Frattalone wants to do and the whole operation. But, he walks those trails all the time at the Nature Center, and he really appreciates more than anything else total quiet so he can hear birds or water running. To be � able to get away from the office after a long work day and to enjoy the peace and quiet of the PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 17 Nature Center is just a fantastic opportunity. It does everything Mr. Mitchell said it would do. � The Nature Center is there for that purpose, and he thinks they need to preserve it as much as possible. He agreed with tabling the request to study it a little bit more, the stipulations, and the Board's recommendations for stipulation changes, and come to an agreement. Ms. Johns stated she agreed with tabling as well. It was stated that this would be an invisible operation. It may be invisible, but she believed you can certainly hear what you cannot see. There are stipulations proposed by the Nature Center Board, as well as recommended changes made to the existing stipulations, that are all worth looking into and also considering. Mr. Oquist stated he is not as concemed about the noise aspect because they have some boundaries there with some berms and trees. Also, they have finro big truck terminals that are there now and a third one being proposed. He's sure you get a lot of noise from those terminals so he guessed he is not as concemed about the noise. But, he was concemed about some other points Mr. Mitchell made like the pH levels and the runoffs into the creek. That is more substantial than the noise. And he believed they needed to take a look at those issues, too. Also in stipulation #11, Mr. Mitchell pointed out there are a lot more agencies that maybe need to be notified of this operation, as well as an environmental assessment might have to be taken if there is going to be runoff into the creeks. He believed the Planning Commission needs to understand these issues more than the noise level. Ms. Savage stated she thinks that is a good point, the possibility of an environmental impact statement. Ms. Savage stated she believed the crux of this is the stipulations because the law pretty much r"� dictates that they do have to approve the rock crushing operation. It's really a question of the stipulations and that is what they want to be looking at. MOTION by Mr. Saba, seconded by Mr. Kondrick, to table SP #03-07 to give City staff and the Commission time to study the stipulations and recommended changes to the stipulations and to ask staff to work with Springbrook Nature Center Board and various agencies to make sure that everything is being complied with to the City's satisfaction. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage asked if they need a time frame for that. Mr. Hickok stated they are up against the 60-day window. The 60-day time frame expires on May 12. He would anticipate that staff would get a written letter out to the petitioner, extending that 60-day so they have that comfort. There is no physical way they could bring this back to the Planning Commission and then to the Council by May 12. He did believe they could work with the petitioner on the stipulations and bring it back to the next Planning Commission meeting on May 7. Mr. Oquist asked him if he is going to notify Mr. Frattalone. Mr. Hickok replied, yes, he will do that. r'`\ PLANNING COMMISSION MEETING, APRIL 16, 2003 PAGE 18 3. RECEIVE THE MINUTES OF THE MARCH 12. 2003. APPEALS COMMISSION MEETING. ,--� MOTION by Mr. Kondrick, seconded by Ms. Johns, to receive the March 12, 2003, Appeals Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE MARCH 26. 2003. APPEALS COMMISSION MEETING. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the March 26, 2003, Appeals Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE FEBRUARY 3, 2003, PARKS AND RECREATION COMMISSION MEETING. MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the February 3, 2003, Parks and Recreation Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. OTHER BUSINESS: � Mr. Hickok reminded the Commission members of the meeting with the City Council on Monday, April 21, to discuss the results of the Council/Commission survey. Their attendance is a real important part of this process. The City basically builds its goals and objectives and future budgets on information received back from the Commissions. Mr. Hickok stated staff is moving ahead with discussions on the Gateway West Project preliminary foundational information. No public hearings have yet been held. A newsletter article has gone out, and the Commissioners have probably had a chance to look at that. The City Council and HRA will meet jointly on May 1 to talk about what direction they would like staff to go. Staff has done a lot of research which is in the very early stages. He stated staff will keep the Commission posted. ADJOURN MOTION by Mr. Oquist, seconded by Ms. Johns, to adjoum the meeting. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE APRIL 16, 2003, PLANNING COMMISSION MEETING WAS ADJOURNED AT 9:11 P.M. RespectFully submitted, � Denise M. Letendre � Recording Secretary �