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PLM 06/19/2019 FRIDLEY PLANNING COMMISSION WEDNESDAY, JUNE 19, 2019 7:00 P.M. FRIDLEY CIVIC CAMPUS, COUNCIL CHAMBERS 7071 UNIVERSITY AVENUE N.E. CALL TO ORDER Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. ROLL CALL PRESENT: David Kondrick, Mike Heintz, Mark Hansen, Brad Sielaff, and Terry McClellan ABSENT: Rachel Schwankl and Leroy Oquist OTHERS PRESENT: Stacy Stromberg, Planner Jeff Carlson, Park Construction Company Richard Carlson, Park Construction Company Peggy Brown,170 Liberty Street Justin Dritz, 210 Longfellow Dave Super, 190 Liberty Street Don Curtis, 361 Ely Street Amy Dritz, 210 Longfellow Chris Brown, 170 Liberty Street APPROVE MINUTES: May 15, 2019 Motion by Commissioner Sielaff to approve the minutes. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 1. Consideration of a Special Use Permit SP #19-01, by Park Construction st Company, to allow a rock crushing operation, generally located a 30 81 Avenue. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:01 P.M. Stacy Stromberg, Planner, stated the petitioner, is requesting special use permit to allow st a rock crushing and recycling operation at the property located at 30 81 Avenue. Park Fridley Planning Commission Meeting June 19, 2019 tğŭĻЋƚŅЊВ Construction has been operating its business in Fridley since the early 1970Ôs. They were originally located at 7900 Beech Street which is to the east of where they are located right now. When they owned that property, it also included the land which is now 30 and 40 st 81 Avenue. Ms. Stromberg stated in 1982 the City Council approved a special use permit to allow a rock crushing operation on the Park Construction property. At that time Council did put an expiration date on the special use permit stating that it was to expire within one year of operation. The Council then grant several extensions throughout the years to Park Construction until 1997 when the rock crushing special use permit expired. Ms. Stromberg stated Park Construction sold the property at 7900 Beech Street in the st early 2000Ôs to Ryan Construction. Park sold the property at 40 81 Avenue to XTRA Lease. ItÔs at that time that Park Construction relocated their operation to the triangular shaped st parcel at 30 81 Avenue. st Ms. Stromberg stated the following is some history related to the 30 81 Avenue parcel. An office/warehouse building was constructed in 2004. A variance was also granted in 2004 to allow a portion of the lot to remain unpaved because of the type of equipment and vehicles they store on site. In 2007 a storage building was constructed. In 2012 an addition was constructed to the warehouse/office building. Also, there is a cell tower that is on the east edge of the property. Ms. Stromberg stated the property is zoned M-3, Outdoor Intensive Heavy Industrial. In 1992 that zoning district was created by the City Council. It was created to allow a new zoning district that would control the location of outdoor intensive uses to ensure compatibility with the adjacent uses. The purpose of this new district was to permit by right uses like trucking terminals, so businesses like XTRA Lease or Conway Trucking. It then further permit uses such as a rock crushing facility with a special use permit. Ms. Stromberg presented an image of the properties that are zoned M-3, Outdoor thrd Intensive Heavy Industrial. They are generally located between 79 Avenue and 83 Avenue and then the railroad on the west and Main Street on the east. Ms. Stromberg stated City Code allows a rock crushing facility in the zoning district as a special use, and a special use permit allows a particular use that is not permitted by right like the construction business is permitted by right. A special use permit can only be issued provided that certain conditions and stipulations can be met to reduce any adverse affects to neighboring properties. Ms. Stromberg stated a rock crushing operation involves taking used concrete and asphalt materials from area projects and putting it into a machine and crushing it into a usable gravel-based product. Fridley Planning Commission Meeting June 19, 2019 tğŭĻЌƚŅЊВ Ms. Stromberg presented an image of the raw product and the crushed product. During any street or building construction project, the petitioner does prefer to crush the material on site so it is immediately reused and does not need to be trucked to a crushing facility. This is more efficient and more environmental. For example, when the Columbia Arena was demolished, the developer crushed the material on site and then reused it as a base for the building structure, or any of the roadways, and the parking areas. A lot of businesses prefer to crush on site. However, if there is no use for the crushed product on the site that is being constructed or demolished, then it needs to go to a crushing facility like the one the petitioner is proposing. Ms. Stromberg presented the site plan and the aerial of the property. She wanted to show the image so they can kind of see how the circulation will work throughout the site. The crushing operation is primarily on the southern end of the property. Trucks will enter st from the north off of 81 Avenue and then exit on the south if they are just dropping off material to be crushed. If they are dropping off a load and picking up, or just picking up the crushed material, they will enter from the north and exit from the north. Ms. Stromberg stated the cell tower will remain on the site. New hard surface will be added where trucks are driving to dump the material and pick it up. There will be a scale added to the site to weigh loads. There will be two stockpiles, one crushed and one uncrushed. The uncrushed pile will remain until there is enough material to bring in a portable crusher and then crush the material. Ms. Stromberg stated the petitioner does anticipate crushing one time a year the first year of operation and then two times a year after that. Crushing will take place a maximum of six weeks per year, mainly in the winter months. The property is already screened on all sides with a screening fence, and they do plan to add jersey barriers around the perimeters of the pile to contain any material or rock. Chairperson Kondrick asked, what kind of barrier? Ms. Stromberg replied, jersey barrier. They are those big concrete barriers. Ms. Stromberg stated they do plan to limit the speed limit to 5 mph through the site to help eliminate dust. They will also be spraying the material when it is being crushed to help eliminate dust as well. Ms. Stromberg presented a slide showing an aerial of the properties that are within 350 feet of the subject property. They would be the ones the City is legally required to notify. Ms. Stromberg presented another slide showing the aerial of the closest residential and industrial properties from the subject property. The closest residential property is at 124 Longfellow Street and that is approximately 125 feet, when measuring property line to Fridley Planning Commission Meeting June 19, 2019 tğŭĻЍƚŅЊВ property line, not house to the crushing equipment. The industrial property is about 130 feet from property line to property line. Ms. Stromberg stated the CityÔs noise ordinance requires that decibel levels cannot be over 80 in the CityÔs industrial districts when measured from the property line during the day and night times. Noise decibel levels in the CityÔs residential districts are 60-65 during the day and 50-55 at night. Ms. Stromberg stated in 2003 the City approved a rock crushing facility north of this property at 8170 Hickory Street. At that time staff did an onsite inspection to view the machinery running so they could take the noise meter out there and get the decibel levels to see how loud the machine actually was. At that time (she presented a photo the petitioner submitted of the rock crusher) when staff went out to the location and were 200 feet from the machine, the decibel level was at 70. When they were 100 feet from the machine it was at 75. When they were at 50 feet from the machine it was 76. All of those were below the 80 maximum decibel level that is required in Code. Ms. Stromberg stated according to the petitioner technology has come a long ways in 16 years from when staff did those measurements and the new machines are much quieter. Also, Park will be using a smaller portable-type crusher that is much quieter than the one Frattalone was proposing to use back in 2003. That special use permit is no longer valid because they discontinued the use. Ms. Stromberg stated staff has heard from residents at 124, 154, 159, and 166 Longfellow th Street and then at 139 79 Way. All of them had expressed concerns that exist right now related to backup alarms and slamming of tailgates. One of the five, wanted information about the use and then the other four were generally opposed to the request because of noise and dust. Ms. Stromberg stated City staff recommends approval of the special use permit with stipulations as a rock crushing operation is a permitted special use in this Outdoor Intensive Zoning District provided that the following conditions can be met: 1.The hours and days of the rock crushing operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. 2.The crushing shall occur no more than 72 days (6 weeks) a year, with not more than 36 days being during the months of May through September. 3.Each year, the petitioner shall provide the City with a tentative calendar in which the weeks of crushing will occur, a one-week notification is required to modify the calendar. 4.The maximum height of all stockpiles shall not exceed 20 feet. Fridley Planning Commission Meeting June 19, 2019 tğŭĻЎƚŅЊВ 5.The petitioner shall comply with any requirements set forth by the Coon Creek Watershed District. 6.The petitioner shall comply with any storm water management requirements set forth by the CityÔs Engineering Department. 7.The drive aisles to stockpiles shall be paved as indicated on site plan prior to operation. 8.The crushing of limestone shall be prohibited. 9.If water for this process is separate from the service that already exists on- site, a new water service and meter shall be installed. 10.The petitioner shall obtain a National Pollutant Discharge Elimination System (NPDES) industrial discharge permit or certify a condition of no exposure from the Minnesota Pollution Control Agency. 11.All State and City regulations shall be met for noise, dust and air quality and permits obtained if necessary. 12.Noise level shall not exceed 80 decibels at the property line. 13.Site and stockpiles of material shall be watered as needed to keep dust down. 14.All loads to be watered when leaving the site and streets to be cleaned daily if the City deems necessary. 15.The petitioner shall provide a letter from each utility company that has an easement on the subject property allowing the proposed use. 16.The petitioner shall provide a letter from Vision Woodworking approving the truck circulation through their site. 17.The special use permit shall be reviewed in one year to ensure compatibility. Chairperson Kondrick asked about the Vision Woodworking. The trucks have to go through their property? Ms. Stromberg replied, yes. Chairperson Kondrick asked once they are loaded or before unloading? Ms. Stromberg replied, once they are unloaded, the unloaded trucks would exit from the south and go through the Vision Woodworking property. Chairperson Kondrick asked Ms. Stromberg whether she knew if a letter has been received? Ms. Stromberg replied, that Park Construction has an access easement to go through their site. Park has been in contact with Vision Woodworking, but she has not heard from Vision Woodworking directly. Therefore, the stipulation. Fridley Planning Commission Meeting June 19, 2019 tğŭĻЏƚŅЊВ Commissioner Sielaff asked how would staff determine compliance with the decibel levels? Would they have continuous monitoring out there? Ms. Stromberg replied, they do have a monitoring device. They would take it out in the field and measure the level of the noise from the property line. She is sure they will do that upon the first time they crush to make sure it complies with the decibels levels and then of course the City always has the device in case there is a complaint or there is a situation where they need to be out there to check it. Commissioner Sielaff asked so staff would do it when the petitioner first does the crushing and then after that it would be based on complaints as to whether staff would go out there and monitor again? Ms. Stromberg replied, if it is below the maximum level when staff witnesses it operating, there would not be a reason for a staff member to spend all day out there watching it unless it is violating the law. Commissioner Hansen asked whether staff would go out there within a year to reassess? Is that part of the last stipulation that was listed? Ms. Stromberg replied that upon a year staff will go out and make sure the petitioner is not violating any of the noise ordinances or any of the other stipulations on the request. If that is the case, staff would then do a memo to the Council and letting them know the first year worked out okay. Then staff would probably reassess every year or as frequently as the Council wants them to. Chairperson Kondrick asked if the sound would be louder in the winter than it is in the summer? Ms. Stromberg replied she is by no means an expert on rock crushing, but the reason to do it in the winter is because everybodyÔs windows are closed, there may be less moisture, so less dust, but she would let the petitioner expand on that. Commissioner Heintz asked how far away from the lot line will the rock crusher be? Ms. Stromberg replied it is on the site plan. She would say from the west property line it would be about 70 feet. Commissioner Heintz asked is there any way they can require them to put up a monitoring decibel meter that records so that if the City does get complaints, they can check that monitor? Ms. Stromberg replied that the Commission can do that if theyÔd like to. Fridley Planning Commission Meeting June 19, 2019 tğŭĻАƚŅЊВ Commissioner McClellan stated it is mentioned that there is a screening fence. He asked how tall is that screening fence? Ms. Stromberg replied, 8 feet. Commissioner McClellan asked how tall is the equipment/crusher? Ms. Stromberg replied she is not sure how tall the crusher is. The piles will be maxed at 20. The petitioner states 10-12 feet. Commissioner Sielaff stated the only restriction is limestone material. He imagines there could be differences in decibel levels depending on what type of material you are crushing. Do they have a sense as to what all the material will be that will be crushed there? When staff goes out there and monitors to begin with, they could be crushing a certain type of material that could be different with different decibel levels. Ms. Stromberg replied, the petitioner says in their narrative the materials they will be crushing are recycled concrete and asphalt. Commissioner Hansen stated Park Construction might be able to comment on this as well. Ms. Stromberg mentioned the concern about the backup alarms and the tailgate noise when those doors slammed, assuming it is a dump truck. He asked with the circulation diagram that is given, is it really just a one-way circulation? Would there really be any additional backing up through this operation? He is assuming there probably is now given the nature of the site. Ms. Stromberg replied, based on the site plan the petitioner submitted and the circulation pattern, it will reduce that but they will likely still have some equipment that will need to back up occasionally. Commissioner Hansen stated he was also curious about the type of truck that will be actually dumping it. Will it be some type of long side dump that would not have a tailgate slamming or is more the typical dump truck style? Ms. Stromberg replied, that is a good question for the petitioner. Jeff Carlson, President and Owner of Park Construction, stated one thing he would like to correct is they have been a tax paying property owner in the City of Fridley since the 1940Ôs. They were first located down on East River Road. Chairperson Kondrick asked Mr. Carlson will the sound made while crushing the asphalt be the same volume of sound as it is with concrete? Fridley Planning Commission Meeting June 19, 2019 tğŭĻБƚŅЊВ Mr. J. Carlson replied, it is very similar. Concrete might be a little louder. Commissioner Sielaff asked the petitioner whether those are the only materials they will be doing? Mr. J. Carlson replied, yes. With the circulation of the trucks they will be reducing the amount of backing up, but there will be some. They will limit the amount of tailgate slamming. He cannot promise there will not be any, but they can certainly manage it to make a minimal impact. Commissioner Hansen asked whether the delivery of the materials to be recycled be on somewhat of a random basis? Mr. J. Carlson replied, yes. There might not be anything coming in for weeks and then they get one project and itÔs all hauled in one week and then they are done. Commissioner McClellan asked the petitioner whether the haulers are generally their haulers or are they third party? Mr. J. Carlson replied, they will be both. They have their own trucks but they also have to hire other trucks, too, to provide services for them. Chairperson Kondrick asked if Mr. Carlson had any problems with the stipulations? Mr. J. Carlson replied, the only one would be watering the loads. They are paying for what they get when they get weighed. If they are watering the loads, the loads will be heavier and that is not doing any good to the residents or the process. They water for dust control, they water the loads and the piles; but they are not going to put water on the loads because people are buying that load by the ton. Commissioner Heintz asked the petitioner if he would have a problem installing a recording decibel meter on the property line? Mr. J. Carlson replied, he did not know the financial impact of that. He cannot answer that yes or no. They are certainly open to monitoring it whenever they have to. Commissioner Heintz stated that way if they do get complaints, the City can go and check their recording and check the decibels to see if itÔs within the limits. There should be some kind of constant monitoring when the rock crusher is running, the decibel meter is running and monitoring and recording. Chairperson Kondrick stated they can explore that possibility. Fridley Planning Commission Meeting June 19, 2019 tğŭĻВƚŅЊВ Commissioner Heintz asked the petitioner, where the rock crusher is, is there any way to raise the fence so that the 10-12 foot machine is skirted from view? Mr. J. Carlson replied, it is a possibility, yes. Chairperson Kondrick stated it would do two things: it would shield the view but also prevent some of the noise from escaping the yard and going into other peopleÔs yards across the tracks. Commissioner Heintz stated he is not thinking the whole west property line. Chairperson Kondrick stated, yes, he knows that. Mr. J. Carlson stated it is going to be a very, very small operation compared to most. Commissioner McClellan asked the petitioner whether he anticipates using the same model and size of the crusher itself? Would they upgrade or change that in the near future? Mr. J. Carlson replied, not as far as the size. Their intentions are they use subcontractors to do their crushing. They try and crush mostly on site but there are times where they do not have the need for the material or do not have the room, and then they have to haul it away. Their plan is to sub that out to their partners they work with. Eventually they will buy their own so they can crush on site on their projects and at their yard. TheyÔll use a small portable compactor. Chairperson Kondrick asked the petitioner, they are crushing for instance when the City of Fridley paves new streets and puts new curbs and gutters in. The old is yanked out by folks like the petitioner and they dispose of it, is that correct? Mr. J. Carlson replied, right. Chairperson Kondrick asked whether that is the same for other communities around here such as Blaine and Columbia Heights? Mr. J. Carlson replied, yes, they do. In fact they did all the site grading for the new Fridley campus. They crushed all the material right on site, they reused it, it is cost-effective, and it is environmentally friendly. Commissioner Sielaff asked whether up to now the petitioner has not had to crush off site in a designated area like they are proposing to do and where are they crushing? Fridley Planning Commission Meeting June 19, 2019 tğŭĻЊЉƚŅЊВ Mr. J. Carlson replied, right now they have to haul it to other places to dump it and pay to have it crushed. Commissioner Sielaff asked what kind of State permits are required for this? NPDES is a discharge permit? What is being discharged? Ms. Stromberg replied it is National Pollutant Discharge Elimination System permit. Commissioner Sielaff asked, is that a storm water permit? Ms. Stromberg replied, yes. The City Engineer talked with the MN Pollution Control Agency (MPCA) and there may be a need for a dust-related permit as well, but he is looking into that further. Prior to the petitioner operating onsite staff will make sure the petitioner has everything they need. Commissioner Sielaff asked Ms. Stromberg as of right now they do not know whether they are going to require any state permitting? Ms. Stromberg replied, they think they are going to need that NPDES permit. They are talking with the MPCA right now. Mr. J. Carlson stated for all the crushing they have done on site, that is the only permit they have had to get through the State. Commissioner Sielaff asked the petitioner, once they bring material in and crush it, is there going to be storage of the uncrushed or crushed material throughout the year? Is their intent to bring material in and crush it right away and get rid of it? Mr. J. Carlson replied, there will be some storage. Their intent is to move it out as fast as possible. Commissioner Sielaff asked Ms. Stromberg if there is any restriction as to how much they can store at their site? Ms. Stromberg replied, they are allowed the two piles of crushed and uncrushed material at the height of 20 feet. Richard Carlson, Park Construction, stated he has been in the construction business his entire life and recognizes when you are working in areas where people are trying to provide their livelihoods and their living places, you do not want to upset them. Within the last year, Park has done some projects right in the City of Minneapolis and crushed right on the site with no complaints from the City. In fact they encourage it because it saves the city money when you can re-use the material right on the site as well as when Fridley Planning Commission Meeting June 19, 2019 tğŭĻЊЊƚŅЊВ Fridley lets out contracts to do their streets and they remove the curbs and sidewalks and whatever is necessary to complete the project rather than to take that material and haul it a long ways away. Mr. R. Carlson stated his business at been in Fridley at this location for over 40 years. He recognizes when your working in areas where people are living, you donÔt want to upset them. Within the last year, Park has done some projects in Minneapolis and have crushed right onsite without any complaints. The City actually encourages it because it saves the money when you can use the material right on the site. They have worked with the City of Fridley for many, many years and he does not recall during his career they have had any major problems. They have a good reputation and are a responsible company. If anyone has any adverse conditions, they will address them. He is very proud of the company. It would be the best advantage if Park were allowed this permit. He does not think the noise will be anymore than Burlington NorthernÔs loaded train lugging up the grade when you can really hear those engines snorting. IÔm happy to answer any questions. Peggy Brown, 170 Liberty Street, states she lives right across the tracks. She has lived in her house for 41 years and has lived on a railroad track her entire life, she is 66. She has no problem with any of the trains because she is sued to that noise. She is concerned about the roads going in and out of the petitionerÔs place because they will be stuck with the tax dollars to fix those roads. There will be some heavy, heavy trucks coming in and out. She is sure they have some now, but youÔll be possibly doubling, quadrupling the number of trucks on the roads. She is also concerned about dust and wind. They have already had a huge pile of sand over there and a year or two years ago they got sandblasted any time there was any wind. Ms. Brown stated as to the higher fence, sheÔd be in favor of that, maybe install a freeway fence that is 30 feet high or something. It might help with the noise and the sandblasting. As to the times of operation, that bothers her a lot. They are going 7 to 7. And Saturdays. They have kids who have to go to bed for school. They are doing all winter long. She is suggesting they do no Saturdays, no holidays, no weekends, and it is a 9 to 5 operation. Again getting back to the height of that pile, 20 feet, the fence is 8, she has already given a couple of options to change that. Justin Dritz, 210 Longfellow Street, stated he lives outside the notification area, so he just found out about this last night and had to do a crash course on what is rock crushing. He is all for doing it local, if you do not have to haul and can keep it within local economy, he is fine with that. The concerns he has are not about noise, it is more about air quality. Rock crushing is going to involve some particulate matter. They talked about doing this in the wintertime. He asked how will they do it in winter conditions, how will they keep the pile wet? He did not know about the experience his neighbor had with the sandblasting, but he can see it as they have a lot of wind. In the wintertime it tends to be Fridley Planning Commission Meeting June 19, 2019 tğŭĻЊЋƚŅЊВ a lot drier. He does not know how that is going to help with the dust control. If they have measures in place with enclosures, have some sort of wet treating, that is fine. Mr. Dritz stated they talked about sound monitoring but he is more concerned about air monitoring. How do they know what the impact is. Metro states around the country see a higher level of particulate matter consistently over the last few years. It has not dramatically spiked but it is not going down either. It is something worth paying attention to because those repercussions are not immediately felt. It can be up to two months that somebody is exposed to it and they start having reactions. We have kids, we have elderly, this is a residential area. It is worth taking into consideration that should be monitored or at least brought to attention on the long-term basis. Dave Super, 190 Liberty Street, stated he has lived at his address all his life, which is 58 years. He knows the noise has been increasing more and more and if you add this, it will bring more noise. He is concerned about the roads with the heavy loads and concrete dust is the worst. He drills in concrete all the time and rules have changed that require their drills to have vacuums on them and you have to empty them in special places. If the piles are 20 feet high, they are getting that high by using a conveyor. They crush it, put it on a conveyor, it goes up and drops onto a pile. That is another big concern. Now you have the wind blowing as that stuff is dropping. He is not sure how they do it but it is still concrete dust in the air. That is his concern along with the noise. Don Curtis, 361 Ely Street, stated he is 3/10Ôs of a mile from the location. He was out in his yard all day today and what he heard all day was a beep, beep, beep coming from Park Construction. He actually walked up there just to make sure it was coming from there and it was. His house backs up to East River Road and he still heard that noise all day. Hearing it all day is pretty irritating and will just get worse. It is not just the trucks that have the backup beepers, it is their equipment that moves the rock around. There is probably somebody there all day long using the machinery that has the backup beeper on it which is quite annoying. Mr. Curtis stated also in the past, as to the tailgates banging, he has been woken up at 6 oÔclock in the morning, several mornings, with the tailgates just on the regular operation and not even doing the rock crushing. He asked if that could be looked at a little more. He wondered if the petitioner is going to adhere to the 7 to 7 time because he has been hearing the tailgates banging a lot earlier that that. Amy Dritz, 210 Longfellow Street, stated as to the air quality, she believed one of the stipulations said it must meet FridleyÔs noise and air quality ordinances. She asked whether they have any kind of ordinance on that? Ms. Stromberg replied, the stipulation says all State and City regulations related to that. The City does have a noise ordinance, and the air quality ordinance refers to the MPCA. Fridley Planning Commission Meeting June 19, 2019 tğŭĻЊЌƚŅЊВ However, in their discussions with the MPCA they have been told that a permit related to air quality, would likely be required for the petitioner. Ms. Dritz stated she is not aware that Minnesota has any strict rules on that either. Ms. Stromberg stated that in the discussion staff had with them on the phone this week, they referred to an air quality or dust permit, sheÔs not sure what the permit is called. Chris Brown, 170 Liberty Street, stated he is concerned with the same things, the noise and air quality. He asked who knows what 80 decibels sounds like? Just thinking about listening to that for hours on end. How annoying will that be? Ms. Stromberg presented a slide that shows general decibel levels. Commissioner Hansen stated it appears it would be close to a lawn mower. Ms. Stromberg stated, right. A power lawn mower is coming in at 90 decibels when measuring 3 feet from the mower. When staff did their testing back in 2003, it was at 76 decibels at 50 feet from the crusher. Chairperson Kondrick stated they have a chart they were given states a power lawn mower is 90 decibels. A vacuum cleaner is 70. Normal talking is 60. A jack hammer is 130. Mr. Curtis asked whether they know how many decibels is the backup beep? Can the staff measure the sound of that? Maybe that needs to be monitored also. Chairperson Kondrick stated, yes, they can do that. Mr. Curtis stated he did not know maybe they can put a muffler on those but even disconnect them would be better. Peggy Brown, 170 Liberty Street, stated all those are great but they are not 12 hours a day. You do not run your vacuum or your lawn mower for 12 hours a day. Commissioner McClellan stated this is not an omni present process these folks are doing. It is intermittent and it is a limited number of days in the scope of the calendar Ï 72 maxed out. It could be busy one day but likely to be intermittent as he understands it. Mr. Brown stated if they do go through with this could they definitely keep it in the winter months when the windows are closed. That would be helpful for noise. Fridley Planning Commission Meeting June 19, 2019 tğŭĻЊЍƚŅЊВ Chairperson Kondrick stated this company is a good neighbor, and he know the noise will be on their mind and itÔs on the Commissions mind. Mr. Brown stated he thinks they are, too, and he does not want to restrict businesses. Commissioner Heintz stated during the daytime he works with guys who grind and polish concrete floors. OSHA has made a great big to-do about concrete dust. The amount of the dust in the air cannot exceed something like .001 percent. The silica in the concrete dust is the worst thing that you can inhale. Is there a way to trap that as it is going up? They should check with OSHA because they are going to have workers there. What kind of protection are they going to have? Jeff Carlson replied, OSHA does have some very strict requirements; and they follow them to a ÑTÒ. What is required on a crushing operation is water for dust control. They water as they are crushing to keep the dust down and they water on the belt as well. They are watering constantly to help eliminate dust. Commissioner Heintz asked but the pile dries out and they get a big windstorm, what happens then? Mr. J. Carlson replied, they can water the pile. Chairperson Kondrick stated as to what the gentleman in the back talked about, how do they water in the wintertime? Mr. J. Carlson replied, you do it under favorable weather conditions. Chairperson Kondrick stated, say its zero degrees out. Mr. J. Carlson replied, they are not going to crush when it is zero degrees out. Chairperson Kondrick stated so they would only crush when they can put the water, is that correct? Mr. J. Carlson replied, if it is above 30 degrees they will crush. He would not want his guys out there working when it is zero degrees. Mr. J. Carlson stated as to Vision Woodworking, he did talk to them and they have no problem with them using that road. We have an easement there and they have worked that out. Fridley Planning Commission Meeting June 19, 2019 tğŭĻЊЎƚŅЊВ Commissioner Hansen stated they are crushing this material into a Class 5 gravel base material. When that stuff gets a little bit of water on it, it locks together so it is not going to be blowing around like a sand pile. You will get rain occasionally as well. Commissioner Sielaff asked so really it is during the crushing operation you will possibly have dust but, once it is in a pile, that is not going to be as much of an issue then? Mr. J. Carlson replied, no. Commissioner Sielaff asked what about covering? Do they cover? Mr. J. Carlson replied, no. Commissioner Sielaff asked because it is not necessary? Mr. J. Carlson replied, it is not necessary. He has never seen a pile being covered unless it is a contaminated dirt pile. Commissioner Heintz stated just for clarification, what size aggregate is that? Mr. J. Carlson replied, three-fourths of an inch. MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:58 P.M. Chairperson Kondrick stated the petitioner has answered a lot of questions on behalf of the Commission and the audience and he is certain that to some people itÔs not totally satisfactorily, but this is the right kind of zoning for the use. With all the safeguards the City and the State has placed upon the petitioner to act, he has to think this is a permittable operation here. Park is a good neighbor with good people, and they are aware of their obligations to be a good neighbor. As to the hours, they are probably not ideal, but they have shown a deference to restrict their operations on through May and September. And with the other stipulations as well, he is for this idea. Commissioner Heintz stated they need to do some kind of a site monitoring for sound. As long as they go along with the stipulations; following the OSHA rules, etc.; then I will have to go along with it. Fridley Planning Commission Meeting June 19, 2019 tğŭĻЊЏƚŅЊВ Commissioner Hansen stated it certainly seems to fit the use of the area, and it has been done there before. He understands the concerns about the air quality but on the other hand the material they are making is not going to mobilize in the way they are thinking. It is going to be a pretty locked together product that is going to stay there. If it gets a little bit of water, it will be fine. He is comfortable with the stipulations the City has. Perhaps if there is some consideration to starting the crushing operation a little bit later in the morning, eliminating Saturday operations, that certainly seems reasonable to him. Otherwise, he is for this as well. Commissioner Sielaff stated he has similar concerns as the others as to the hours of operation. That could be worked on to be more amenable to the community. Also, some monitoring program needs to be done for decibels. Other than that he agrees to go along with approving this. Commissioner McClellan stated he tends to agree. He does not know how often Saturdays are going to be a big deal. That would be somewhat of a concern. This is a one-year proposition subject to review, so the staff will get to measure the response from the community, and he encourages them not to be bashful. He has seen some of these crushing operations, and they are pretty manageable. The times of operation would be his greatest concern, but he can see approving it. It is zoned Heavy, and they are good citizens and have been here a long time, and he is sure they want to make it work as well as everybody else. Chairperson Kondrick stated they are going to forward their opinions to the City Council who will hear this July 8. The City Council will be able to watch this meeting and read the minutes. The citizens will be able to talk to the councilmembers at the City Council meeting. Ms. Stromberg asked the Commissioner whether they feel empowered to modify the hours of operation, or talk that through with the petitioner at all? Chairperson Kondrick stated it has been talked about and the City Council will hear from these folks again, and they can make that decision if they wish. The Council can hear the businessÔs point of it and the peopleÔs point of it and go from there. Commissioner Sielaff asked Ms. Stromberg if she is looking to modify the stipulation? Ms. Stromberg replied, yes, if they felt compelled to do that. Commissioner Sielaff stated it would be a good thing to do to evaluate it. Chairperson Kondrick asked Commissioner Sielaff how would he suggest it be changed? Fridley Planning Commission Meeting June 19, 2019 tğŭĻЊАƚŅЊВ Commissioner Sielaff replied, it could be something the citizens bring up, too. Commissioner Hansen stated his suggestion would be start at either 8 or 9, but he would like to hear from Park if that presents a problem. Ms. Stromberg stated the hours were based on the construction hours that are permitted in the City. That is why they are listed the way they are. However, she will let the petitioner talk. Mr. J. Carlson stated standard industry practice is to work 7 to 5. As to 9 oÔclock, they do not work bankersÔ hours, he has a hard enough time finding people to work now. He is open to going only until 6, but they typically work 7 to 5. However, some of those times you are cleaning your equipment up, refueling equipment and doing repairs on it so you can keep going the next day and that is why the extended hours until 7 oÔclock is nice. As to Saturdays that would be for special circumstances. They could very well be hauling in but not crushing on Saturday. Commissioner McClellan stated to Mr. Carlson he probably needs an operator to crush. Mr. J. Carlson stated the schedules the municipalities and state puts on them to finish these projects requires them to work six days, sometimes seven days a week. They do not want to, they do not like to, but they have to in order to get the job done on schedule or else they get liquidated damages. Chairperson Kondrick asked Commissioner Sielaff whether he wanted to change the hours? Commissioner Sielaff replied, personally he is reluctant to put specific hours in there right now. Chairperson Kondrick stated he would not do that. Commissioner McClellan stated they can review that in a year. MOTION by Commissioner Sielaff approving Special Use Permit SP #19-01, by Park st Construction Company, to allow a rock crushing operation, generally located a 30 81 Avenue with the following stipulations: 1.The hours and days of the rock crushing operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. 2.The crushing shall occur no more than 72 days (6 weeks) a year, with not more than 36 days being during the months of May through September. Fridley Planning Commission Meeting June 19, 2019 tğŭĻЊБƚŅЊВ 3.Each year, the petitioner shall provide the City with a tentative calendar in which the weeks of crushing will occur, a one-week notification is required to modify the calendar. 4.The maximum height of all stockpiles shall not exceed 20 feet. 5.The petitioner shall comply with any requirements set forth by the Coon Creek Watershed District. 6.The petitioner shall comply with any storm water management requirements set forth by the CityÔs Engineering Department. 7.The drive aisles to stockpiles shall be paved as indicated on site plan prior to operation. 8.The crushing of limestone shall be prohibited. 9.If water for this process is separate from the service that already exists on- site, a new water service and meter shall be installed. 10.The petitioner shall obtain a National Pollutant Discharge Elimination System (NPDES) industrial discharge permit or certify a condition of no exposure from the Minnesota Pollution Control Agency. 11.All State and City regulations shall be met for noise, dust and air quality and permits obtained if necessary. 12.Noise level shall not exceed 80 decibels at the property line. 13.Site and stockpiles of material shall be watered as needed to keep dust down. 14.All loads to be watered when leaving the site and streets to be cleaned daily if the City deems necessary. 15.The petitioner shall provide a letter from each utility company that has an easement on the subject property allowing the proposed use. 16.The petitioner shall provide a letter from Vision Woodworking approving the truck circulation through their site. 17.The special use permit shall be reviewed in one year to ensure compatibility. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. ACCEPTANCE OF MINUTES FROM OTHER COMMISSIONS Ï THROUGH ONE MOTION: 1. April 4, 2019, Housing and Redevlopment Authority Commission 2. April 9, 2019, Environmental Quality and Energy Commission 3. May 14, 2019, Environmental Quality and Energy Commission 4. May 6, 2019, Parks and Recreation Commission MOTION by Commissioner Hansen accepting the above minutes. Seconded by Commissioner Heintz. Fridley Planning Commission Meeting June 19, 2019 tğŭĻЊВƚŅЊВ UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the text amendments the Commission heard at their last meeting will be going before the City Council for their second and final reading on Monday. Then after that meeting the staff needs to publish it and they will then become law 15 days after. Ms. Stromberg stated at their next meeting they have two more text amendments. One related to massage therapy businesses and where they can be located. The other one is to consider dissolving the Appeals Commission and have the Planning Commission handle their duties. ADJOURN: MOTION by Commissioner Hansen to adjourn. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:14 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary