4.6. SR 05-01-2017
Request for Action
To Item Number
Mayor and City Council 4.6
Agenda Section Meeting Date Prepared by
ConsentMay 1, 2017Amanda Bednar, Environmental Coordinator
Item Description Reviewed by
Agreement for Issuance of Conditional Use Permits Suzanne Fischer, Director COD
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Agreement for Issuance of Conditional Use Permit for Mineral Excavation for
Tiller Corporation and Max Steininger, Inc.
Background/Discussion
At the February 21, 2017, meeting, Council approved two Conditional Use Permits for the operation of
gravel mining operation for Tiller Corporation 17-01 and Steininger, Inc. 17-02. The agreements
establish standards and responsibilities of the operators to the satisfaction of the city. The CUP
Agreement closely follows our standard agreement and specifies requirements of the mineral excavation
operation.
Staff and the city attorney have drafted a CUP Agreement outlining these responsibilities, and are seeking
Council approval. The operators agree to the entirety of the attached agreements.
Financial Impact
None
Attachments
Agreement for Issuance of Conditional Use Permit 17-01 and 17-02
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this ___ day of _______, 2017, by and
between the CITY OF ELK RIVER, a municipal corporation organized under the laws of
the State of Minnesota (City), and Tiller Corporation., hereinafter referred to as (Operator);
WITNESSETH:
WHEREAS, Operator has made application to City for approval of a conditional use
permit for gravel mining operations onto property within the City legally described as
follows:
See Exhibit A
(the Property); and
WHEREAS, the City of Elk River Planning Commission and City Council have held
hearings on Operat
the City of Elk River and other interested parties have had the opportunity to be heard on
the application; and
WHEREAS, the City Council on February 21, 2017, by motion approved a
conditional use permit for the operation of a gravel mining operation (the Operation) on the
Property, subject to certain conditions, including that Operator enter into a Conditional Use
Permit Aineral Excavation,
Zoning, and other applicable ordinances; and
se permit be
issued and that a Conditional Use Permit Agreement for mineral excavation be entered into.
NOW, THEREFORE, in consideration of the premises and the mutual promises
and conditions hereinafter contained, it is hereby agreed as follows:
1.) Entire Agreement- Except as otherwise provided herein, this Agreement shall
constitute the Conditional Use Permit for the Property and, to be executed by City and
Operator, shall govern the parties rights, responsibilities, and obligations with respect to the
operation, subject to the compliance by all parties with applicable city ordinances and state
and federal laws.
2.) Warranty of Operator- Operator hereby warrants and represents to the City, as
the subject property or has a valid lease for the operation and the fee owner of the subject
property shall also enter into this agreement.
3.) Conditions- The following general conditions shall apply to the Operation:
(01)This Conditional Use Permit authorizes mineral excavation (gravel) from the
Property.
(02)All mineral excavation and processing operations on the property shall
ordinances; with the terms of this Conditional Use Permit agreement and the
license agreement to be executed by the City and Operator; with the City of
with the application materials and plans submitted by the Operator, which
Use Permit. The Operators application materials dated December 20, 2016, is
hereby incorporated by reference in this Agreement.
(03)Setbacks of 50 feet from Baldwin Ave and PID #75-103-3100 shall be
maintained. Setbacks of 30 feet from US Hwy 169 and PID #75-103-4201
shall be maintained. Setback of 30 feet from the north property line, unless
mining collaboration agreement across property lines is confirmed. No
mining activity shall be permitted within the setback area without staff
approval.
(04)The Operator shall orally notify the City of any violations of this permit
within 24 hours and follow this with notification in writing within four (4)
working days of the violation. The Operator shall notify the City annually in
writing of the total area and amount of material mined and projected
estimates of area and amount of material to be mined in the following year.
This is to be done at time of license renewal.
st
(05)The license shall be renewed annually and shall run from June 1 through
st
May 31. The annual license fee is that which is specified by the Elk River
City Council at time of renewal. This license fee is not in lieu of gravel tax
collected by the County, a portion of which the City receives.
(06)If the proposed site improvements described in the application and CUP
have not been
approval, the permit shall expire and become void.
(07)The applicant shall be responsible for the cost and construction of necessary
and reasonable road improvements related to the project, as deemed
necessary by the City, Sherburne County or MnDOT. The city reserves the
right to require the applicant to pay for road maintenance of haul routes.
(08)The CUP shall expire if the authorized use ceases for more than six months.
Failure to obtain an annual license will be evidence of cessation of use.
(09)Violations of this Conditional Use Permit may result in suspension or
revocation.
(10)The City shall be permitted to inspect the Operation for compliance with
the conditions of this permit during normal hours of operation.
(11)
of appropriate permits by other governmental agencies.
(12)No explosives shall be allowed for this operation.
(13)Reclamation
a.Reclamation shall be implemented on an annual basis pursuant to the
reclamation plans submitted by the Operator.
b.
City prior to issuance of the mineral excavation license.
c. Upland reclamation shall include topsoil from the site being
preserved and put back into place after mining and seeded as per the
approved plans. The vegetation established for the reclamation must
be maintained until it is self-sufficient.
d. Contours, finished grades, details of erosion control methods, and
settling ponds, shall comply with the plans submitted and the City
ordinance at the time of reclamation. Additional measure as
determined by city staff may be required.
e.A reclamation plan that reflects the 63 acres operation shall be
approved by the city and completed within six months of cease of
operation.
(14)Traffic
th
a.Traffic to remain on Baldwin to 225 Avenue NW to US 169. Local
th
roads, beyond Baldwin to 225 Avenue NW, will be used only as
needed for local deliveries.
(15)Dust Control
a.A permit from MPCA regarding air emissions shall be obtained when
required and particulate emission standards shall be met by the
Operation. This permit and all other correspondence between the
Operator and MPCA shall be copied to the City.
b. All equipment shall be located as to reduce dust to adjacent
properties.
c.A water truck shall be on site at all times when mining activities are
taking place to control dust as necessary. Chemicals shall not be used
for dust control.
d.Dust control is required for all roads and within the site in
accordance with air pollution standards and to ensure dust does not
create a public nuisance or otherwise adversely affecting adjacent
properties.
e.The City reserves the right to require additional measures to be taken,
if warranted by dust problems, including but not limited to reducing
stock pile heights.
(16)Hours of Operation
Hours of operation shall be allowed to be six (6) days a week, 24 hours a day,
Sundays and holidays excluded. During the hours between 10:00 p.m. and
7:00 a.m., MN Rules Chapter 7030, Noise Pollution Control shall be adhered
to.
(17)Noise
a. Noise from screening and crushing associated with this Operation
shall be controlled by equipment location on site, the erection of
sound barriers, the placement of stockpiles, and the type of
equipment used.
b. Noise levels associated with this Operation shall at no time exceed
State standards.
c. The City reserves the right to require additional measures be taken, if
warranted by noise.
(18)Lighting
Lighting from the Operation shall be directed away from adjacent property,
including roads and residential property. Glare, whether directed or reflected
as different from general illumination, shall not be visible beyond the limits
of the immediate site. All sources of artificial light shall be so fixed, directed,
designed, or sized that the minimum subtotal of their illumination shall not
increase the level of the illumination on nearby residential property by more
than .1 foot candles in or within twenty-five (25) feet of a dwelling, or more
than .5 foot candles on any part of the adjacent property.
(19)Debris
The piling, storing, or keeping of old machinery, junk, debris, or abandoned
motor vehicles, shall be prohibited on this site, with the exception that
reusable parts may be stored on the mineral excavation site provided that it is
in a location that cannot be viewed from adjacent properties or is totally
screened.
(20)Vibration
Mining activities shall not cause excessive vibration off site. If excessive
vibration becomes an issue, the City reserves the right to take appropriate
measures to alleviate the problem, including cessation of operation.
(21)Groundwater Protection Measures
a. The Operator shall file with the City an Environmental Spill Plan and
a Storm Water Pollution Prevention Plan. The Operator shall adhere
to these plans in the event there is a spill.
b. The Operator shall provide the Fire Department with a copy of their
flammable or hazardous materials.
c. Refueling shall take place only at designated locations.
d.
All incidences that have the potential to adversely affect groundwater,
including but not limited to spills, shall be verbally reported to the
City within 24 hours. This verbal notification shall be followed up in
writing within four (4) working days.
e.
The appropriate permits (NPDES, WCA) shall be obtained by the
Operator and copied to the City.
f.
Gravel washing operations and dewatering are prohibited at this site
and shall not be permitted unless a plan for protecting ground water
surrounding
consultant.
g.
Except for minor repairs and light maintenance activities, vehicles
and equipment maintenance shall take place off site. The Operator
shall have an approved hazardous waste license if applicable, and
properly dispose of all waste.
h.
Temporary sedimentation ponds, as indicated on the plans submitted,
shall be constructed and maintained until deemed to be no longer
necessary by City staff.
i.
The Plan of Operation must identify the volumes of soils required
for reclamation and the future locations of soil stockpiles.
(22)Signage
Signage for the operation shall be that which is permitted for an industrial
operation in a medium industrial zone, with the exception that billboards are
not allowed.
(23)Fencing
All cut faces with slopes greater than 1 ½ to 1 shall be fenced or bermed on
the high sides to provide a clear warning of the potential danger until
properly sloped. Fencing shall be installed during extraction operations to
ensure the safety of the public and environment as determined by the city
engineer and environmental staff.
(24)Screening/ Buffering
Details of berming/ security fencing shall be provided and approved prior
to construction as part of initial operations.
The applicant shall work with the city engineer to locate the berming along
Baldwin Street NW
The need for buffering and/or screening in light of surrounding land uses
shall be evaluated at the time of annual license renewal and shall be installed
when directed by the city.
(25)Oakwilt/ Vegetation
Cutting of trees between April 15 and July 15 is prohibited. The Operator
shall take other measures deemed appropriate by the Sherburne County
Forester to control oakwilt, such as, but not limited to: debarking or
destroying fallen diseased trees prior to April 15, not leaving roots exposed
and avoiding mechanical damage on remaining trees. Noxious weeds shall be
controlled by mowing or another method.
(26)Other Permits
The Operator shall obtain all state and federal permits appropriate to their
operation and file copies of said permits with the City.All activities on the
site shall be conducted in a manner that is consistent with operating permits
issued by the city, county, state, federal and other agencies. A copy of any
and all permits related to the operation of the site shall be submitted to the
city for their reference.
4.) General Provisions-
(01) Permits- Operator agrees to comply with all of the provisions hereof and
agrees to save and hold the City harmless from any and all claims or actions arising
from the operations of the Operator on the Property.
(02) Binding Effect- The terms and provisions hereof shall be binding upon, and
inure to the benefit of the heirs, representatives, successors, and assigns of the
parties hereto and shall be binding upon all future owners of all or any part of the
Operation and shall be deemed covenants running with the land. This Agreement
shall be placed of record so as to give notice hereof to subsequent purchasers and
encumbrances of all or any part of the Property, and all recording fees, if any, shall
be paid by the Operator.
(03) Severable- In the event that any portion of this Agreement shall be held
invalid for any reason, the same shall not affect in any respect whatsoever the validity
of the remainder of this Agreement.
(04) Waiver- Any waiver, whether express or implied, by any party of a breach of
any provision of this Agreement will not operate as or be construed to be a waiver of
any subsequent breach of this Agreement.
(05) Notices- All notices and demands specified herein shall be deemed
appropriately and timely given when delivered personally or deposited in the United
States mail to the addresses hereinafter set forth by certified mail (return receipt
requested). The addresses of the parties hereto are as follows until changed by
written notice given as above:
If to the City at: City of Elk River
ATTN: City Administrator
13065 Orono Parkway
Elk River, Minnesota 55330
If to the Operator at: Tiller Corporation
Attn: Mike Caron
7200 Hemlock Lane, Suite 200
P.O. Box 1480
Maple Grove, MN 55311-6480
(06) Incorporation by Reference- All plans, special provisions, proposals and
specifications, submitted pursuant to this Agreement shall be and hereby are made a
part of this Agreement by reference as fully as if set forth herein in full.
IN WITNESS WHEREOF, the City and Operator have caused this Agreement to
be duly executed on the day and year first above written.
CITY OF ELK RIVER OPERATOR/FEE OWNER:
Tiller Corporation
By: _____________________________ By: ______________________________
Its: Mayor Its:
By: _____________________________
Its: City Clerk
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ____ day of
_________________, 2017, by John J. Dietz, the Mayor of THE CITY OF ELK
RIVER, a Minnesota municipal corporation, on behalf of the corporation.
___________________________________
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ____ day of
______________, 2017, by Tina Allard, City Clerk of THE CITY OF ELK RIVER,
a Minnesota municipal corporation, on behalf of the corporation.
_____________________________
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF ___________
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2017, by ___________________________, the
_________________ of on behalf of the owner of the subject property and
Operator on the subject property.
_____________________________
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF ___________
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2017, by ___________________________, the
_________________ of on behalf of the owner of the subject property.
_____________________________
Notary Public
This instrument was drafted by: City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Exhibit A
Parcel 1:
The Southeast Quarter of the Northwest Quarter (SE1/4 NW1/4) lying easterly of
that portion taken for Trunk Highway #169 and the Southwest Quarter of the
Northeast Quarter in Section Three (3), in Township Thirty-three (33), North, of
Range Twenty-six (26) West. Sherburne County, Minnesota.
LESS AND EXCEPT:
That part of the Southwest Quarter of the Northeast Quarter of Section 3,
Township 33, Range 26 that lies within the bounds of the following described land:
The North 602 feet of the West 412 feet of the NE1/4 of the SE1/4 of Section 3,
Township 33, Range 26, Sherburne County, Minnesota. Together with all that part of
the South Half of the NE1/4 of said Section 3, described as beginning at the
Northwest corner of said NE1/4 of SE1/4, thence West assumed bearing along the
South line of the South Half of the NE1/4 a distance of 155.67 feet to intersect the
centerline of Baldwin Street N W as now laid out and traveled; thence North
30°32'15" East along said centerline a distance of 647.00 feet. thence South 34°48'
East a distance of 416.42 feet more or less to intersect the Northerly extension of the
East line of said West 412 feet of the NE1/4 of the SE1/4, thence South 0°20'30"
West along said Northerly extension a distance of 215.32 feet more or less to
intersect said South line of the South Half of the Northeast Quarter thence West
along said South line 412.01 feet more or less to the point of beginning.
AND
Parcel 2:
The Southeast quarter of the Northeast quarter (SE1/4 of NE1/4), and the
Northeast quarter of the Southeast quarter (NE1/4 of SE1/4) in Section Three (3),
in Township Thirty-three (33), North, of Range Twenty-six (26) West. Sherburne
County, Minnesota.
LESS AND EXCEPT:
That part of the following described land that lies within the bounds of the NE1/4
of SE1/4 and the SE1/4 of NE1/4 of Section 3, Township 33, Range 26 The North
602 feet of the West 412 feet of the NE1/4 of the SE1/4 of Section 3, Township 33,
Range 26, Sherburne County, Minnesota. Together with all that part of the South
Half of the NE1/4 of said Section 3, described as beginning at the Northwest corner
of said NE1/4 of SE1/4, thence West assumed bearing along the South line of the
South Half of the NE1/4 a distance of 155.67 feet to intersect the centerline of
Baldwin Street N W as now laid out and traveled; thence North 30°32'15" East along
said centerline a distance of 647.00 feet. thence South 34°48' East a distance of
416.42 feet more or less to intersect the Northerly extension of the East line of said
West 412 feet of the NE1/4 of the SE1/4, thence South 0°20'30" West along said
Northerly extension a distance of 215.32 feet more or less to intersect said South line
of the South Half of the Northeast Quarter thence West along said South line 412.01
feet more or less to the point of beginning
Which lies northwesterly of the centerline of Baldwin Street NW described below.
The centerline of Baldwin Street NW is described as commencing at said northwest corner
of the Northeast Quarter of the Southeast Quarter of Section 3; thence on a bearing of
West, along said south line of the south half of the Northeast Quarter, a distance of 155.67
feet to the point of beginning of the centerline to be described; thence North 30 degrees 32
minutes 15 seconds East 1506.40 feet to the north line of said south half of the Northeast
Quarter of Section 3 and said centerline there terminating.
Together with a roadway easement over, under and across that part of the above described
property lying 33.00 feet northwesterly of and adjoining the above described centerline of
Baldwin Street NW. The sidelines of said roadway easement are to be prolonged or
shortened to terminate at said north line of the south half of the Northeast Quarter of
Section 3 and at the south line of said Southwest Quarter of the Northwest Quarter of
Section 3.
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this day of , 2017, by and
between the CITY OF ELK RIVER, a municipal corporation organized under the laws of
the State of Minnesota (City), and Max Steininger, Inc., hereinafter referred to as (Operator);
WITNESSETH:
WHEREAS, Operator has made application to City for approval of a conditional use
permit for gravel mining operations onto property within the City legally described as
follows:
See Exhibit A
(the Property); and
WHEREAS, the City of Elk River Planning Commission and City Council have held
hearings on Operator request for a conditional use permit, at which hearings all citizens of
the City of Elk River and other interested parties have had the opportunity to be heard on
the application; and
WHEREAS, the City Council on February 21, 2017, by motion approved a
conditional use permit for the operation of a gravel mining operation (the Operation) on the
Property, subject to certain conditions, including that Operator enter into a Conditional Use
Permit Agreement with City so as to fully comply with the Cit Mineral Excavation,
Zoning, and other applicable ordinances; and
WHEREAS, the Cit Zoning Ordinance requires that a conditional use permit be
issued and that a Conditional Use Permit Agreement for mineral excavation be entered into.
NOW, THEREFORE, in consideration of the premises and the mutual promises
and conditions hereinafter contained, it is hereby agreed as follows:
1.) Entire Agreement- Except as otherwise provided herein, this Agreement shall
constitute the Conditional Use Permit for the Property and, to be executed by City and
Operator, shall govern the parties rights, responsibilities, and obligations with respect to the
operation, subject to the compliance by all parties with applicable city ordinances and state
and federal laws.
2.) Warranty of Operator- Operator hereby warrants and represents to the City, as
inducement to the Cit entering into this agreement, that the Operator is the fee owner of
the subject property or has a valid lease for the operation and the fee owner of the subject
property shall also enter into this agreement.
3.) Conditions- The following general conditions shall apply to the Operation:
(1)This Conditional Use Permit authorizes mineral excavation (gravel) from the
Property.
(2)All mineral excavation and processing operations on the property shall
comply with the City Mineral Excavation, Zoning and other applicable
ordinances; with the terms of this Conditional Use Permit agreement and the
license agreement to be executed by the City and Operator; with the City of
Elk River Environmental Impact Statement on Mineral Excavation; and
with the application materials and plans submitted by the Operator, which
plans and materials are the basis for the Citapproval of the Conditional
Use Permit. The Operators application materials dated December 21, 2016, is
hereby incorporated by reference in this Agreement.
(3)Setbacks of 50 feet from Baldwin Ave and the northern property line shall be
maintained. Setbacks of 30 feet from US Hwy 169 shall be maintained.
Setback of 30 feet from the southern property line, unless mining
collaboration agreement across property lines is confirmed. No mining
activity shall be permitted within the setback area without staff approval.
(4)The Operator shall orally notify the City of any violations of this permit
within 24 hours and follow this with notification in writing within four (4)
working days of the violation. The Operator shall notify the City annually in
writing of the total area and amount of material mined and projected
estimates of area and amount of material to be mined in the following year.
This is to be done at time of license renewal.
st
(5)The license shall be renewed annually and shall run from June 1through
st
May 31. The annual license fee is that which is specified by the Elk River
City Council at time of renewal. This license fee is not in lieu of gravel tax
collected by the County, a portion of which the City receives.
(6)If the proposed site improvements described in the application and CUP
have not been substantially completed within two years of the CUP date of
approval, the permit shall expire and become void.
(7)The applicant shall be responsible for the cost and construction of necessary
and reasonable road improvements related to the project, as deemed
necessary by the City, Sherburne County or MnDOT. The city reserves the
right to require the applicant to pay for road maintenance of haul routes.
(8)The CUP shall expire if the authorized use ceases for more than six months.
Failure to obtain an annual license will be evidence of cessation of use.
(9)Violations of this Conditional Use Permit may result in suspension or
revocation.
(10)The City shall be permitted to inspect the Operation for compliance with
the conditions of this permit during normal hours of operation.
(11)The Citapproval of this Conditional Use Permit is subject to the approval
of appropriate permits by other governmental agencies.
(12)No explosives shall be allowed for this operation.
(13)Reclamation
a.Reclamation shall be implemented on an annual basis pursuant to the
reclamation plans submitted by the Operator.
b.Each year a plan for that year reclamation shall be approved by the
City prior to issuance of the mineral excavation license.
c.Upland reclamation shall include topsoil from the site being
preserved and put back into place after mining and seeded as per the
approved plans. The vegetation established for the reclamation must
be maintained until it is self-sufficient.
d.Contours, finished grades, details of erosion control methods, and
settling ponds, shall comply with the plans submitted and the City
ordinance at the time of reclamation. Additional measure as
determined by city staff may be required.
e.A reclamation plan that reflects the 61.3 acres operation shall be
approved by the city and completed within six months of cease of
operation.
(14)Traffic
a.Access to the site will be via Baldwin Avenue, which borders the
eastern side of the project area. This access point will be shared with
the mining operation to the north. Most traffic will travel south along
Baldwin, and turn onto 225th Ave NW, which intersects Highway
169. All operation activities will meet road restriction rules.
(15)Dust Control
a.A permit from MPCA regarding air emissions shall be obtained when
required and particulate emission standards shall be met by the
Operation. This permit and all other correspondence between the
Operator and MPCA shall be copied to the City.
b.All equipment shall be located as to reduce dust to adjacent
properties.
c.A water truck shall be on site at all times when mining activities are
taking place to control dust as necessary. Chemicals shall not be used
for dust control.
d.Dust control is required for all roads and within the site in
accordance with air pollution standards and to ensure dust does not
create a public nuisance or otherwise adversely affecting adjacent
properties.
e.The City reserves the right to require additional measures to be taken,
if warranted by dust problems, including but not limited to reducing
stock pile heights.
(16)Hours of Operation
Hours of operation shall be allowed to be six (6) days a week, 24 hours a day,
Sundays and holidays excluded. During the hours between 10:00 p.m. and
7:00 a.m., MN Rules Chapter 7030, Noise Pollution Control shall be adhered
to.
(17)Noise
a.Noise from screening and crushing associated with this Operation
shall be controlled by equipment location on site, the erection of
sound barriers, the placement of stockpiles, and the type of
equipment used.
b.Noise levels associated with this Operation shall at no time exceed
State standards.
c.The City reserves the right to require additional measures be taken, if
warranted by noise.
(18)Lighting
Lighting from the Operation shall be directed away from adjacent property,
including roads and residential property. Glare, whether directed or reflected
as different from general illumination, shall not be visible beyond the limits
of the immediate site. All sources of artificial light shall be so fixed, directed,
designed, or sized that the minimum subtotal of their illumination shall not
increase the level of the illumination on nearby residential property by more
than .1 foot candles in or within twenty-five (25) feet of a dwelling, or more
than .5 foot candles on any part of the adjacent property.
(19)Debris
The piling, storing, or keeping of old machinery, junk, debris, or abandoned
motor vehicles, shall be prohibited on this site, with the exception that
reusable parts may be stored on the mineral excavation site provided that it is in a
location that cannot be viewed from adjacent properties or is totally screened.
(20)Vibration
Mining activities shall not cause excessive vibration off site. If excessive
vibration becomes an issue, the City reserves the right to take appropriate
measures to alleviate the problem, including cessation of operation.
(21)Groundwater Protection Measures
a.The Operator shall file with the City an Environmental Spill Plan and a
Storm Water Pollution Prevention Plan. The Operator shall adhere to
these plans in the event there is a spill.
b.The Operator shall provide the Fire Department with a copy of their
flammable or hazardous materials.
c.Refueling shall take place only at designated locations.
d.
All incidences that have the potential to adversely affect groundwater,
including but not limited to spills, shall be verbally reported to the City
within 24 hours. This verbal notification shall be followed up in writing
within four (4) working days.
e.
The appropriate permits (NPDES, WCA) shall be obtained by the
Operator and copied to the City.
f.
Gravel washing operations and dewatering are prohibited at this site and
shall not be permitted unless a plan for protecting ground water
surrounding environment is approved by the city environmental
consultant.
g.
Except for minor repairs and light maintenance activities, vehicles and
equipment maintenance shall take place, off site. The Operator shall
have an approved hazardous waste license for this facility, if applicable,
and properly dispose of all waste.
h.
Temporary sedimentation ponds, as indicated on the plans submitted, shall
be constructed and maintained until deemed to be no longer necessary
by City staff.
i.
The Plan of Operation must identify the volumes of soils required for
reclamation and the future locations of soil stockpiles.
(22)Signage
Signage for the operation shall be that which is permitted for an industrial
operation in a medium industrial zone, with the exception that billboards are not
allowed.
(23)Fencing
All cut faces with slopes greater than 1 ½ to 1 shall be fenced or bermed on the
high sides to provide a clear warning of the potential danger until properly sloped.
Fencing shall be installed during extraction operations to ensure the safety of
the public and environment as determined by the city engineer and
environmental staff.
(24)Screening/ Buffering
Details of berming/ security fencing shall be provided and approved prior to
construction as part of initial operations.
The applicant shall work with the city engineer to locate the berming along
Baldwin Street NW
The need for buffering and/or screening in light of surrounding land uses shall
be evaluated at the time of annual license renewal and shall be installed when
directed by the city.
(25)Oakwilt/ Vegetation
Cutting of trees between April 15 and July 15 is prohibited. The Operator shall
take other measures deemed appropriate by the Sherburne County Forester to
control oakwilt, such as, but not limited to: debarking or destroying fallen
diseased trees prior to April 15, not leaving roots exposed and avoiding
mechanical damage on remaining trees. Noxious weeds shall be controlled by
mowing or another method.
(26)Other Permits
The Operator shall obtain all state and federal permits appropriate to their
operation and file copies of said permits with the City. All activities on the site
shall be conducted in a manner that is consistent with operating permits issued by
the city, county, state, federal and other agencies. A copy of any and all permits
related to the operation of the site shall be submitted to the city for their
reference.
4.) General Provisions-
(1)Permits- Operator agrees to comply with all of the provisions hereof and
agrees to save and hold the City harmless from any and all claims or actions arising from
the operations of the Operator on the Property.
(2)Binding Effect- The terms and provisions hereof shall be binding upon, and inure
to the benefit of the heirs, representatives, successors, and assigns of the parties
hereto and shall be binding upon all future owners of all or any part of the Operation
and shall be deemed covenants running with the land. This Agreement shall be placed
of record so as to give notice hereof to subsequent purchasers and encumbrances of all
or any part of the Property, and all recording fees, if any, shall be paid by the Operator.
(3)Severable- In the event that any portion of this Agreement shall be held
invalid for any reason, the same shall not affect in any respect whatsoever the validity of
the remainder of this Agreement.
(4)Waiver- Any waiver, whether express or implied, by any party of a breach of any
provision of this Agreement will not operate as or be construed to be a waiver of any
subsequent breach of this Agreement.
(5)Notices- All notices and demands specified herein shall be deemed
appropriately and timely given when delivered personally or deposited in the United
States mail to the addresses hereinafter set forth by certified mail (return receipt
requested). The addresses of the parties hereto are as follows until changed by
written notice given as above:
If to the City at: City of Elk River
ATTN: City Administrator
13065 Orono Parkway
Elk River, Minnesota 55330
If to the Operator at: Max Steininger, Inc.
Attn: Greg Steininger
3080 Lexington Ave S
Eagan, MN 55121
(6)Incorporation by Reference- All plans, special provisions, proposals and
specifications, submitted pursuant to this Agreement shall be and hereby are made a
part of this Agreement by reference as fully as if set forth herein in full.
IN WITNESS WHEREOF, the City and Operator have caused this Agreement to
be duly executed on the day and year first above written.
CITY OF ELK RIVER OPERATOR/FEE OWNER:
Max Steininger, Inc.
By: By:
Its: Mayor Its:
By:
Its: City Clerk
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 2017, by John J. Dietz, the Mayor of THE CITY OF ELK
RIVER, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
, 2017, by Tina Allard, City Clerk of THE CITY OF ELK RIVER,
a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2017, by , the
of on behalf of the owner of the subject property and
Operator on the subject property.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2017, by , the
of on behalf of the owner of the subject property.
Notary Public
This instrument was drafted by: City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Exhibit A
Parcel 1:
North Half of the Northeast Quarter, lying westerly of the centerline of
Baldwin Street, and the Northeast Quarter of the Northwest Quarter lying
easterly of the easterly line of Trunk Highway No. 169, all in Section 3,
Township 33, Range 26, Sherburne County Minnesota, EXCEPT that part of
the North Half of the Northeast Quarter of Section 3, Township 33, Range 26,
Sherburne County, Minnesota, embraced within the plat of Timberland.
Parcel 2:
Lot 1, Block 1, Timberland Addition