MEETING NOTES

L.G. Everist Neighborhood Meeting

JULY 19, 2005, 7:00 P.M. CITY CENTER, HR III

Staff: Michael Franzen, City Planner; Ric Rosow, City Attorney; Jean Johnson, Zoning Administrator; Lorene McWaters, Recording Secretary

Guests: Rick Everist, L.G. Everist; Rob Everist, L.G. Everist; Blair Bury, Midwest Asphalt

Mike Franzen passed around a notebook for residents wishing to be informed about project developments to list contact information.

Rick Everist said he was disappointed residents seem to think he and his brother are “bad guys.” He said his company will be involved in producing a commodity that taxpayers need and want. Aggregate transfer operations will take place during daylight hours, from 7:00 a.m. to 7:00 p.m. He estimated the operations will result in replacement of about half of Midwest Asphalt’s outbound truck traffic, and research indicates it will not result in a noticeable increase in sound levels. He also said “less intensive truck traffic” could result in less dust. The aggregate brought in by train from Ortonville will already be washed and at size.

Rob Everist said all of the train traffic will take place on the existing train track. The aggregate will be brought in on gondola-type train cars and transferred via a machine similar to a front end loader. He estimated that between 10 and 20 carloads of aggregate will be shipped in each day, mainly during construction season. He said 10 to 12 carloads of aggregate weigh about 1,000 tons.

One resident said he does not understand how dust and truck traffic will go down under this scenario. Blair Bury said aggregate currently brought in by truck will arrive by train. Bury explained that the aggregate is an ingredient Midwest Asphalt needs for their product, and new regulations require a higher percent of aggregate in their mixture. He said they will not be increasing production as a result of the L.G. Everist operations.

The following is a list of questions and the responses.

How many train cars will be unloaded at the site each day?
Bury said this will depend on the train schedule. Trains currently go through the site twice a day, and he expects that schedule to continue. The unloading of train cars will be done on railroad property, and the rail cars will not have to be moved during unloading.

Will concrete crushing operations continue at Midwest Asphalt?
Bury said concrete recycling is a separate operation and it will continue.

Does Everist plan to buy more land to stockpile aggregate or to expand their operation?
Rob Everist said L.G. Everist does not own land “on that street.” They are leasing land, but if property becomes available they would be interested in it.

How will operations at the site change in 10 years when major road construction projects in the metro area are completed?
Rob Everist said Minneapolis is currently running out of aggregate, but he does not know where the market will go in the future.

What are L.G. Everist’s ongoing plans to address the concerns of the community? Would they consider forming a formal committee to address community concerns?
Rob Everist said he and his brother would like to think they are good corporate citizens. Bury said he would give site tours and meet with community representatives on an annual basis, as he does in other communities.

Do they (Rick and Rob Everist) plan to sell the company?
Rob Everist said this is a family business, and they do not intend to sell it.

How can the operation be carried out without a side rail?
Bury reiterated that, at the moment, they do not plan to build a side rail, and switching will be done elsewhere. One resident said he was having trouble with the term “at the moment.” Rob Everist said that although there currently is no side rail, the railroad could chose to build one; however, L.G. Everist does not need one for their operation.

Is it true that there was a closing on the General Resources property today, and will those buildings be torn down to build a side rail?
Bury said an affiliate of Midwest Asphalt purchased the property, which is being leased back to General Resources. Bury declined to reveal the length of the lease.

A resident said he believes there will be an offload rail facility in Eden Prairie, and he believes that is why the land was purchased. Another resident said that his calculations indicate there will be an increase in truck traffic, which is unacceptable because roads are already congested. He said he does not believe the facility will not be expanded.

Rick Everist said if their operation requires stockpiling huge quantities in the future, they will construct a building. If they could get rid of the truck beeping, they would. He pointed out that it does not appear that truck traffic will be on residential roads.

Another resident said he does not believe it is plausible to work on such a restricted site, and that operations will increase. He noted that there are a lot of different ways to offload materials. Rick Everist said that if they need to find other ways to offload materials, they will do so.

What types of studies did Everist conduct, and are the results of those studies are available to the public?
City Planner Michael Franzen said noise meter readings were taken at a similar site in New Brighton. Decibel readings were taken at the site and 250 feet from the site, at the property line. Readings were not taken at the nearest residence.

Were the noise studies done on equipment identical to that which will be used at the Eden Prairie site?
Bury said the test was done with identical equipment.

What types of issues have the Everist’s faced in other cities?
Rick Everist said in Denver, they located the site as far from residences as possible. In Kansas City, they changed the way cars were unloaded to reduce vibration. Everist said a back hoe picking up rock from on top is the quietest operation he knows of; however, he conceded that when metal scrapes against metal there is noise.

How close the nearest neighbor at the New Brighton site?
Blair Bury said the nearest neighbor is about the same distance away as the nearest neighbor at the Eden Prairie site.

Is there an agreement with the City that allows 10 exceptions per year to the daytime operations regulation?
Bury said Midwest Asphalt has such an agreement with the City, but L.G. Everist will not.

How many trucks leave the site today and how many will be leaving when Everist is up and running?
Bury said 200 trucks currently leave the site each day.

What is the benefit of the L.G. Everist operation to the neighborhood?
Bury said the benefit is low cost construction in the community.

What can be done about the current noise from Midwest Asphalt? Can berms be built?
Bury suggested that residents take a tour of the site. Bury said they have tried unsuccessfully to get rid of the regulation requiring trucks backing up to use warning beepers. He said he is willing to talk about the nuisance issues even though Midwest Asphalt is not in violation of any regulations. One resident said Midwest Asphalt is “not being a good neighbor.” She said they do not listen to complaints. Bury replied that he has never received any complaint calls. He encouraged people to call him if there are issues.

If the railroad decides to build a side rail, would that have to go through City approval processes?
Mike Franzen said he is not aware of anything on the City books that would require the railroad to receive City approval. He said he will check whether or not construction of a side rail would be allowed on private property.

Would Everist consider delaying final approval of their proposal, which is currently scheduled for the August 2 Council meeting?
Rick Everist said he is committed to letting the process proceed as planned. He said he would be happy to meet with a group of residents, but he thinks they need to go up to New Brighton and see that operation in person. Mike Franzen explained that the approval process for L.G. Everist’s proposal requires final approval within 120 days. The 120 days will run out on August 16; however, Everist could ask for an extension. One resident pointed out that this neighborhood meeting would have been held two months ago if residents had been notified of the proposal. Rob Everist noted that unloading of aggregate can take place at the site now, as long as there is no stockpiling. He also said they don’t foresee starting stockpiling operations this year anyway. Rick Everist said he is willing to sit down with neighbors every day, if necessary, to address their concerns.

Is there any tax benefit to the City from this operation?
Franzen said Everist and Midwest Asphalt will pay taxes like any other tax payer. He said that if a property owner such as L.G. Everist meets all City requirements, the City is obligated to approve the use. He personally would rather see an industrial park on this site, and if you went back 50 years you would probably not put an industrial use near residential. Midwest Asphalt is allowed to operate under the old rules, but they cannot expand operations. L.G. Everist is asking for a variance to combine lots, and, in Franzen’s opinion, the City does not have a strong legal case to deny the request.

Jeff Strate proposed that the neighborhood group, Aggregate Action, form a subgroup to meet with representatives from Midwest Asphalt and L.G. Everist. The subgroup will report back to the larger group of residents. It was agreed that the biggest concerns are truck traffic, dust and noise. It was agreed that Ned Hirschler will act as the contact for the neighborhood group.