5.1 ITEM 5. 1 .
� / A
MEMORANDUM
ty of TO: Planning Commission
lkRi•
ver FROM: Stephen Rohlf, Building an
Zoning Administrator
DATE: MARCH 25, 1997
SUBJECT: Amendment To Shiely Company
Mineral Excavation Permit
CU 95-04
Shiely Company's request is fairly simple. The current hours they are
allowed to wash gravel are from 7:00 a.m. until 7:00 p.m. They are asking for
these hours to be increased to 6:00 a.m. until 10:00 p.m.
Attached is a vicinity map showing the location of the pit where their wash
operation is located. Also attached is a revised conditional use permit.
The only section of Shiely's existing conditional use permit that needs to be
amended to allow the increased hours is paragraph 12 on page 5, titled
"Hours of Operation". Subpart (b) of the referenced paragraph reflects this
• change.
Staff foresees two potential issues with Shiely's requested additional hours
for their wash operation. The first is noise. The wash operation is not
typically a noise problem. However, back-up alarms on vehicles can be.
Paragraph 13 on page 5 of Shiely's conditional use permit allows staff the
ability to require modifications to Shiely's operation to deal with noise, if it
becomes an issue. For example, requiring Shiely to use strobe lights or
cameras instead of back-up alarms during the extended hours.
The second potential issue, which staff considers more serious, is in regards
to the effects that appropriating large amounts of water for the wash
operation will have on adjacent wells. During the drought of the late 1980s
there were stressed wells in the general vicinity of this pit.
The city conducted a thorough pump test to study this very issue for a recent
Environmental Impact Statement on mineral excavation. The resulting
information lead to the conditions found in paragraph 18, page 6, of Shiely's
attached conditional use permit.
• Staff believes the above mentioned conditions provide for adequate testing
and mitigative measures to avoid or alleviate problems with well water due
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
to Shiely's wash operation. Further, the language in the conditional use
permit allows adequate resolutions to noise problems because of the extended
• hours.
Therefore, staff is recommending approval of Shiely Company's
request to extend the hours of their wash operation from 6:00 a.m.
until 10:00 p.m.
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CASE: CU 95-04 IN
CITY OF ELK RIVER
• AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR
MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this day of
, 1997, 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, hereinafter referred to as
(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 described as follows:
Commencing at the South 1/4 corner of said Section 10; thence
westerly along the south line of said Section 10 a distance of 360.00
feet more or less, to the intersection of said line with the centerline of
Trunk Highway No. 18; thence northwesterly along said centerline a
distance of 618.00 feet; thence deflect 83 degrees 40 minutes to the left
for a distance of 33.23 feet to the westerly right-of-way of said Trunk
Highway No. 18, said point being the point of beginning of the tract to
be herein described; thence northerly along said westerly right-of-way
line 732.5 feet; thence southwesterly at an angle to the left 83 degrees
40 minutes a distance of 170.00 feet; thence deflecting to the left at an
angle of 96 degrees 20 minutes a distance of 732.5 feet; thence
deflecting to the left an angle of 83 degrees 40 minutes a distance of
170.00 feet to the point of beginning.
all in Section ten (10), Township thirty-three (33), Range twenty-six
• (26), Sherburne County, Minnesota.
Page 2
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 SW1/4 of NE1/4), 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.
(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 Council by motion adopted October 2, 1995,
approved an amendment to the conditional use permit for the operation of a
ready mix plant on the property; and
WHEREAS, the City Council by motion adopted April 21, 1997,
approved an amendment to the conditional use permit to allow the hours of
the wash operation to be 6:00 a.m. to 10:00 p.m.; 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:
•
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Page 3
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) from the Property.
(02) All mineral excavation and processing operations on the
property shall comply with the City's 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'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.
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Page 4
(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.
c. A $5,000 letter of credit, bond, or deposit, approved by
III 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 the 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.
g. Fifty pines shall be planted on the berm between the
subject property and US Trunk Highway 169 by 1996.
The pines shall range in size from two to ten feet in
height with a minimum of twenty pines being eight to ten
feet in height.
(10) Traffic
•
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Page 5
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.
•
•
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Page 6
(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 with the following exceptions:
a. The hours of operation for the wash plant at the facility
are 6:00 a.m. to 10:00 p.m.
b. Upon approval of the Building and Zoning Administrator,
or his/her designee, sales (hauling 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
IIItime 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.
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Page 7
• (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.
(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 (if
required by law), 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 organics (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
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Page 8
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.
h. Water usage by mining activities shall not adversely
affect adjacent wells. Mitigative measures may include,
but are not limited to, curtailing of pumping activities
until water levels return.
i. The appropriate storm water permits shall be obtained by
the operator from MPCA.
(19) Signage for the gravel and ready mix plant shall be allowed as
per the I-2 zone. Further, no bill boards are allowed on the
subject property.
(20) The entrance and loop road around the ready mix plant shall be
hardsurfaced as approved by staff.
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.
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Page 9
(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: 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 FEE OWNER (S) OF PROPERTY:
By: By:
Its: Mayor
By: By:
Its: City Administrator
OPERATOR:
SHIELY COMPANY
By:
• By:
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Page 10
STATE OF MINNESOTA
• SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
, 1997, by Henry A. Duitsman, 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
, 1997, by Patrick D. Klaers, the City Administrator of
THE CITY OF ELK RIVER, a Minnesota municipal corporation, on
behalf of the corporation.
11111
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day
of , 1997, by , the of
Shiely, a Minnesota corporation, on behalf of the corporation.
Notary Public
III
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Page 11
STATE OF MINNESOTA
• ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
, 1997, 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
, 1997, by , the fee owner of the
subject property.
•
STATE OF MINNESOTA Notary Public
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1997, by , the fee owner of subject
property.
Notary Public
This instrument was drafted by: City of Elk River
Building and Zoning Department
13065 Orono Parkway
PO Box 490
Elk River, MN 55330
•
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