5.3 PCSR 08-22-1995 ( ITEM 5.3.
( `� MEMORANDUM
ity of TI1k
/ TO: Planning Commission
RiverFROM: Stephen Rohlf, Building
and Zoning Administrator
DATE: August 16, 1995 5 j2
SUBJECT: Conditional Use Permit Request
by the Shiely Company (Concrete
Ready Mix Plant) CU 95-17
Request
The Shiely Company is requesting an amendment to an existing conditional
use permit for mineral excavation to allow the placement of a concrete ready
mix plant within their existing pit. A change to the land use and zoning
maps from agricultural to medium industrial is a related request on this
same agenda.
• Attachments
The following are attachments to this memo:
1. Vicinity map showing the affected parcel.
2. Site plan showing the layout of the ready mix plant.
3/4. Building elevations of the proposed plant.
5. Planting plan.
6. A copy of the existing conditional use permit on the parcel for
mineral excavation.
Findings
Staff has reviewed this request based on the existing conditional use permit
on the parcel for mineral excavation. Issues such as drainage, dust control,
hours of operation, etc., were adequately addressed in the mineral excavation
conditional use permit. The additional truck traffic associated with the ready
• mix plant can be adequately handled by the existing access to Trunk
Highway 169, which includes an acceleration and de-acceleration lane.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Page 2
Commission 8/16/95
Continued
•
The only additions to the existing conditional use permit staff would propose
with this current request are:
1. Plantings proposed by the Shiely Company along Highway 169
which include 50 spruce and pine, 8 to 10 feet high, planted in
1995 or early 1996. These trees would be planted on an existing
berm.
2. That signage for the ready mix plant be allowed as per the I-2
zone. In addition, no billboards would be allowed on this
property.
Recommendation
Staff is recommending approval of the proposed amendment to Shiely's
conditional use permit to allow a concrete ready mix plant, with the two
conditions listed above, and contingent upon the rezoning of the property to
I-2.
•
•
CU95-17/bz/stever
•
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• CONCRETE READY MIX PLANT
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•
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SECONDARY .
1995/1996
FTTLING - �: ...... .
,. . ;
6
• CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR
MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this day of
, 1995, by and between the CITY OF ELK RIVER, a municipal
corporation organized under the laws of the State of Minnesota (City), and
SHIELY COMPANY, a Minnesota corporation (Operator);
WITNESSETH:
WHEREAS, Operator has made application to City for approval of a
conditional use permit to operate a gravel mining operation within the City
on property legally described as follows:
All of the south half of the south half of the northwest quarter (S1/2 of
S1/2 of NW1/4) lying west of U.S. Highway 169, and
all of the north half of the southwest quarter (N1/2 of SW1/4) lying
• west of U.S. Highway 169, and
the south half of the southwest quarter (S1/2 of SW1/4) lying west of
U.S. Highway 169, except the west one thousand feet (1,000 ft.) of the
south seven hundred feet (700 ft.) lying west of U.S. Highway 169, and
except that part owned by the State of Minnesota,
all in Section ten (10), Township thirty-three (33), Range twenty-six
(26), Sherburne County, Minnesota.
Further, the applicant's application for a conditional use permit
includes a shop to act as a support facility for the mining operation on land
legally described as follows:
The south half of the southwest quarter of the northeast quarter (S1/2
of SW 1/4 of NE 1/4), and
the south one hundred feet (100 ft.) of the north one thousand-ninety-
nine and four hundredths feet (1,099.4 ft.) of the southeast quarter of
the northwest quarter (SE1/4 of NW1/4) lying east of U.S. Highway
169
• all in Section ten (10), Range twenty-six (26), Township thirty-three
(33), Sherburne County, Minnesota.
Page 2
• (the Property); and
WHEREAS, the City of Elk River Planning Commission and City
Council have held hearings on Operator's 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 by motion adopted April 17, 1995,
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 License Agreement and Conditional Use
Permit Agreement with City so as to fully comply with the City's Mineral
Excavation, Zoning, and other applicable Ordinances; and
WHEREAS, the City's 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,
together with the License Agreement 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 City's entering into this agreement, that
the Operator 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) Excavation from the Property.
• (02) All mineral excavation and processing operations on the
property shall comply with the City's mineral excavation, zoning
cupSHIEL/bz/sr
Page 3
• 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's 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 City's
approval of the Conditional Use Permit.
(03) The operator shall orally notify the City of any violations of this
permit within 24 hours and follow this with notification in
writing within 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.
(04) The license must be renewed annually and shall run from
January 1st through December 31st. The annual license fee is
that which is specified by City Code at time of renewal. This
license fee is not in lieu of gravel tax collected by the County and
a portion of which the City receives.
• (05) Violations of this Conditional Use Permit may result in
suspension or revocation.
(06) The City Building and Zoning Administrator and/or his/her
agents shall be permitted to inspect the operation for compliance
• with the conditions of this permit during normal hours of
operation.
(07) The City's approval of this Conditional Use Permit is subject to
the approval of appropriate permits by other governmental
agencies.
(08) No explosives shall be allowed for this operation.
(09) 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's reclamation shall be
approved by the Building and Zoning Administrator prior
to issuance of the annual mineral excavation license.
cupSHIEL/bz/sr
Page 4
• c. A $5,000 dollar letter of credit, bond, or deposit, approved
by staff, shall be required prior to the issuance of the
annual license to cover the forthcoming year's
reclamation.
d. The reclamation shall include top soil from the site being
preserved and put back into place after mining.
e. The vegetation established for reclamation must be
maintained until it is self sufficient.
f. 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.
(10) Traffic
a. Except for localized jobs, traffic through Elk River
associated with this operation shall be limited to U.S.
• Highway 10 and 169.
(11) 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.
b. All equipment shall be located as to reduce dust to
adjacent properties.
c. Water, but no chemical agents, shall be used to control
dust as necessary.
d. 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.
(12) Hours of Operation
All mineral excavation, processing, and sales activities shall be
• conducted between the normal hours of 7:00 a.m. and 7:00 p.m.,
Monday through Saturday. Upon approval of the Building and
Zoning Administrator, or his/her designee, sales (hauling
cupSHIEL/bz/sr
Page 5
• product off-site) may occur outside of the normal hours (on a
temporary basis not to exceed 7 days) to address a unique
situation.
(13) Noise
a. The noise from screening and crushing associated with
this operation shall be controlled by equipment location
on site, the placement of stock piles, 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.
(14) Shop
a. No unscreened outside storage shall be allowed.
• b. The operator shall have an approved hazardous waste
license for this facility and properly dispose of or recycle
all waste.
(15) Lighting
Lighting from the operation shall be directed away from
adjacent 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 25 feet of a dwelling, or
more than .5 foot candles on any part of the adjacent property.
(16) 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.
•
cupSHIEL/bz/sr
Page 6
• (17) 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.
(18) Groundwater protection measures shall include:
a. The operator shall file with the City an emergency spill
response plan. The operator shall adhere to this plan 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. Fuel tanks shall be above ground, properly diked, and
registered with MPCA.
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 4
working days.
• e. A water appropriation permit from the Department of
Natural Resources must be obtained.
f. The wells located at the Julius Nemeth residence, the
scale house and the wash operation, shall be monitored
• once a year for diesel range organic's (DRO). If mining is
to occur below the water table, the above wells must be
monitored for DRO prior to excavation activities
commencing and after their cessation. Further, in the
event of a spill, appropriate water tests will be taken until
the spill is deemed clean.
g. Groundwater levels shall be monitored in the wells
located at the Julius Nemeth residence, the scale house,
and the wash operation, prior to the start of wash
operations and an additional 3 times during the first
week of said operation to predict the long term effects of
the pump operation. Thereafter, the aforementioned
wells shall be tested a minimum of twice per month, said
frequency to be increased during dry periods. This routine
• testing shall also be done for the water recycling pond.
cupSHIEL/bz/sr
Page 7
• h. Water usage by mining activity shall not adversely affect
adjacent residential wells. Mitigative measures may
include, but are not limited to, curtailing of pumping
activities until water levels return.
i. The appropriate storm water permit shall be obtained by
the operator from MPCA.
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:
cupSHIEL/bzlsr
Page 8
• If to the City at: City of Elk River
ATTN: Building and Zoning Administrator
13065 Orono Parkway
P.O. Box 490
Elk River, Minnesota 55330-0490
If to the Operator at: Shiely Company
ATTN: Bob Bieraugel
2915 Waters Road, Suite 105
Egan, Minnesota 55121
(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
•
By: L jJ _
ts: a
or
By: 4/i�
6/ •
Its: City Administrator
OPERATOR:
SHIELY COMPANY
By:
By:
FEE OWNER (S) OF PROPERTY:
By:
By:
cupSHIEL/bz/sr
Page 9
• STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
14
The foregoing instrument was acknowledged before me this /9"day of
, 1995, by Henry A. Duitsman, the Mayor of THE
TY OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
DEBORAH KAY KLECKNER
MdfARY PUILIC—IMINUOTA
MY co 141 43 LAY—AUL
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
T e foregoing instrument was acknowledged before me this 2)-day of
, 1995, by Patrick D. Klaers, the City Administrator of
HE CITY OF ELK RIVER, a Minnesota municipal corporation, on
• behalf of the corporation.
L1ii1
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day
of , 1995, by , the of
Shiely Company Incorporated, a Minnesota corporation, on behalf of the
corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
cupSHIEL/bz/sr
Page 10
• The foregoing instrument was acknowledged before me this day
of 1994, by , the of Shiely
Company, a Minnesota corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1995, by Marian Nemeth, the fee owner of subject property.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
• The foregoing instrument was acknowledged before me this day of
, 1995, by Julius Nemeth, the fee owner of subject property.
Notary Public
This instrument was drafted by: City of Elk River
Building and Zoning Department
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
•
cupSHIEL/bz/sr