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Item 5.1 & 5.2 ITEM # 5.1. & 5.2. • 1i City of Elk -�-� River MEMORANDUM TO: Planning Commission FROM: Stephen Rohlf, Building and Zoning Administrator DATE: February 25,2003 SK SUBJECT: Conditional Use Permit Request by Roger Schmidt for Mineral Excavation—CU 03-02/P.H. and Associated Zone Change Request to Mineral Excavation Overlay Zoning District ZC 03-01/P.H. A. Request Roger Schmidt is requesting a conditional use permit to mine 14.81 acres of a 66.06 acre site. A zone change to Mineral Excavation Overlay Zoning District is also required. An 111 asphalt plant associated with the gravel mining was also originally being requested. The petitioner has since withdrawn this portion of the request. Although a mandatory Environmental Assessment Worksheet (EAW) was not required, the petitioner chose to do a discretionary one. The subject property is legally described as NW % of NE 1/4, the N %2 of NW 1/4 of the NE %, and the North 200 feet of the NE 1/4., all in Section 10, T33 North, R26 West, Sherburne County, Minnesota. B. Attachments ➢ A map showing the general vicinity of the property, ➢ a narrative of the request, dated January 2003, provided by the applicant, ➢ 11 inch by 17 inch maps depicting the proposed locations for the mining, existing and proposed contours and drainage patterns, ➢ a letter from Terry Maurer, City Engineer, dated February 14, 2003 concerning his review of the request, ➢ a draft conditional use permit (CUP) containing staff's recommended condition on the request, ➢ an ordinance amendment for the proposed zone change to Mineral Excavation Overlay Zoning District, ➢ and a copy of the EAW and responses received and an associated draft resolution for the City Council's consideration. C. Technical Review of Current Proposal • Terry Maurer, City Engineer, and city staff reviewed this request. The following is a summary of the issues and concerns resulting from this review: • 1. Access Access is perhaps the most critical issue regarding the request. Also, as of the date of this memo, this issue has not been totally resolved. The following discussion and conditions contained in the attached permit are subject to change. The main use for the gravel that would be mined under this request is for use at the Elk River Bituminous Asphalt batch plant, which is approximately 1/4 mile south of the site (noted on the attached vicinity map). MnDOT prefers not mixing the slow moving trucks hauling gravel with high-speed highway traffic. Three options for gaining access to the Elk River Bituminous site have been considered. a. Staff requested that the petitioner negotiate an easement from the property owner that lies between his site and Elk River Bituminous, eliminating the need to gain access to Highway 169 (noted on the attached vicinity map as "Access via easement to the south). This option apparently fell through with the adjacent property owner. b. Access to Highway 169 via 219th Avenue. This is not MnDOT's number one preference and it will require significant improvements to the Highway(auxiliary lanes being added between 219th Ave. and the . Elk River Bituminous site northbound and southbound). If allowed, access to the Highway at 219th Avenue is temporary and would need to be eliminated when frontage roads leading to interchanges are developed. c. Access to Highway 169 at 225th Ave. (noted as "Access via easement to the north"). If 219th Avenue is used as the access,portions of the drive that accesses two existing residences and two businesses will be shared with the gravel truck associated with the mining operation. The subject property has easement rights for access across the parcels that the business and residents are situated on. However this access is currently nothing more than a private driveway. To safely allow for two-way traffic and due to concerns regarding dust, staff is recommending that the portion of this drive that are shared must be a minimum of twenty feet wide and paved. The petitioner must also document that he has the right to do these improvements on the property that is not in his control and spelling out whom is responsible for maintenance. Some of the mined product will potentially be for sale. Staff is recommending that the Elk River Bituminous site be used for the sale of product under the stipulation that a permit from MnDOT for this additional commercial activity be • obtained if required. Staff anticipates MnDOT requiring improvement (e.g. acceleration lands and protected turn lanes)being required as part of this permit. • 2. Crushing The petitioner is proposing to conduct gravel crushing operations on this site,but no wash operation. Washing gravel is not necessary for hot-mix asphalt. He is uncertain at this time whether he will contract for the crushing or do it himself. Whoever does it will need to have a Minnesota Pollution Control Agency (MPCA) Air Emission Permit. Noise and vibration can also be problems associated with crushing operations. Anticipating where these issues will be problems can be hard to predict. Open- ended conditions are being proposed in the attached conditional use permit so that staff has latitude for dealing with unanticipated problems arising from the crushing. 3. Dust The majority of the problem with dust from gravel operations is associated with truck traffic. Staff is recommending that the petitioner be required to have a water truck on site at all times when mining activities are taking place. The attached conditional use permit also prohibits the use of calcium to hold dust down due to concern about it running off into adjacent wetlands and altering their pH. • 4. Hours of operation The petitioner is proposing excavation and associated activities only during the normal hours of operation allow by the city's ordinance (7 a.m. to 7 p.m., Monday through Saturday). This should reduce the potential for things like glare and noise (back-up alarms at night) from being an unreasonable annoyance to adjacent properties. However, the language in the attached CUP allows flexibility for dealing with these issues, if they become problems down the road. 5. Fencing Staff is recommending that fencing that provides a clear visual warning is erected around all excavation areas and that this fencing is not removed until an area is properly sloped. 6. Ground Water Protection The bottom of the proposed excavation on the site is an average of 40 feet above ground water, lessening concerns regarding contamination. Except for minor repairs, the petitioner has stated that maintenance of his equipment will be done at an indoor shop (with a hard surface floor) at the Elk River Bituminous site. In addition to a Storm Water Pollution Prevention Plan required by the state, staff recommends a Spill Prevention and Counter Control Plan be required. This latter plan is an aid to the Fire Department incase they have to respond to an incident at the site. It identifies such things as the location, amount and type of flammable or . hazardous materials at the site and spells out a protocol for dealing with different contingencies. • 7. Wetlands None of the seven wetlands on the site are proposed to be altered due to the request for mineral excavation. Staff recommends a fifty-foot setback be maintained from wetlands to mining activity and that they are protected with silt fencing. As previously mentioned, staff recommends that calcium not be used to control dust on the site so it doesn't run into the wetlands, altering their pH. In addition, staff recommends all drainage from the excavated areas be directed through temporary sedimentation ponds prior to discharge off-site or to wetlands. The petitioner will be required to construct the sedimentation ponds in a way that does not deny any natural wetlands hydrology, consequently drying them up. Prior to operations commencing, the petitioner is required to obtain a National Point Discharge Elimination System Permit, which also deals with the issues listed above. 8. Trees/Oak Wilt Staff is recommending that the trees south of the existing drive along the south property line in Phase 3 not be cut and this portion of the site not be excavated. This is the only location where tree removal affects a wooded area. Additionally, staff recommends that trees that are cut not be removed between April 15th and July 15th of any year. Further, it is recommended that the roots of trees that are to remain not be left exposed. In its permit, the city should also allow flexibility to IIIrequire additional measures be taken to combat oak wilt and other diseases, as warranted. 9. Reclamation Although the description of the reclamation in the petitioner's application is not very specific, it is adequate with the stipulations proposed in the attached CUP. The petitioner is proposing to return the site to pasture after the mining operations cease. Unlike most gravel pits, this one will not leave a hole. Basically, hills on the site will be cut down, ending up at the same elevation of the surrounding land. 10. Blanding's Turtles Sightings of Blanding's Turtles have been documented in the area of the proposed operation. Blanding's Turtles are classified as a rare species. The petitioner has stated in his EAW that Department of Natural Resource flyers containing an illustration of a Blanding's Turtle will be distributed to all site workers. The petitioner further proposes that turtles sighted that are in danger will be moved to a safe location and turtles not in danger will be left undisturbed. It is proposed that all construction areas be surrounded by silt fencing to keep turtles from entering and no wetlands are proposed to be altered as a result of the mining operation. 11. Environmental Assessment Worksheet (EAW) • EAWs are used as an information gather tool. Although the Planning Commission does not need to formally act on the EAW for this request, staff feels 1111 the Planning Commission should have all pertinent information prior to acting on the conditional use permit. To that end, the comment period for the EAW was scheduled to close prior to the Planning Commission meeting at which this request would be considered. The Planning Commission may comment on the EAW, if desired. 12. Dedication Sheet on Conditional Use Permit Mr. Schmidt, the petitioner for the request, is in the process of incorporating. Whatever the corporation name ends up being will be placed on the signature sheet for the conditional use permit. Also, a Mrs. Lefavor will be the fee owner of a portion of the area that will be mined. She will also have to sign the dedication sheet Recommendation 1. Rezoning to Mineral Excavation Overlay District Staff is recommending approval of the request for rezoning to Mineral Excavation Overlay District. There is no need to amend the city's Land Use Map, since the Mineral Excavation Zoning District is an overlay zone and the under laying zoning and land use will remain unchanged. In its Comprehensive Plan, the City of Elk River anticipated allowing gravel mining as an interim use in areas of the city where it does not conflict with surrounding land uses or other natural • resources. 2. Conditional Use Permit for Mineral Excavation Staff is recommending approval of the Schmidt request for Mineral Excavation under the stipulations and findings contained in the attached conditional use permit and contingent on the petitioner obtaining all required permits and approvals from other governmental agencies. • I LANDFILL 14 (..- 0 J A Ili zzsrN AVENUE / r AVENUE •A ACCESS VIA EASEMENT = TO THE NORTH — y pr„ • 2 10 vki . $� . :.,.,_ (_ . :74 r ITE N, •;t''' ,','-ate,',' 219 A UE'"*SL-�•,..MVATfi 4•,'r _ _ 219TH if ACCESS VIA EASEMENT AVE . R Y TO THE .OUTH H L A I C K g E 171H AVENU ' (PRIVATE) , OR .VENU II 0 t :<:,,i ELK RI 'ER . • `iBITUM OUS SITE H I L '' S =.`e ill lir 1, 9 f1 21]111 AVENUE 1 N ,.. 1111111t. . .. ..0 I \) 1441 illiaty of Location Map N River Case Number: CU 03-02 SCHMIDT GRAVEL MINING APPLICATION FOR REZONING TO MINERAL EXCAVATION OVERLAY DISTRICT AND CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION AND HOT-MIX ASPHALT PLANT SCHMIDT GRAVEL MINE ELK RIVER, MINNESOTA Prepared for: ROGER SCHMIDT January 2003 1. Prepared by: 1110 Liesch Companies LIES_CH Minneapolis,MN • Madison, T4/7 • Scottsdale,AZ APPLICATION FOR REZONING TO MINERAL EXCAVATION • OVERLAY DISTRICT AND CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION AND HOT-MIX ASPHALT PLANT SCHMIDT GRAVEL MINE ELK RIVER, MINNESOTA Prepared For: ROGER SCHMIDT 10107 105TH STREET NORTHWEST ANNANDALE, MINNESOTA 55302 • Prepared By: LIESCH ASSOCIATES, INC. 13400 15TH AVENUE NORTH PLYMOUTH,MN 55441 (763) 489-3100 JANUARY 24, 2003 PROJECT NUMBER: 64480.02 TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 2.0 SITE INFORMATION 1 2.1 Legal Description 1 2.2 Applicant 1 2.3 Land Owner 1 2.4 Names and Addresses of Adjacent Land Owners Within 350 Feet of Site 2 2.5 Purpose of Proposed Extraction 2 2.6 Estimated Time to Complete the Proposed Extraction and Rehabilitation 2 2.7 Transportation Routes 2 2.8 Site Specifications 2 2.8.1 Physical Relationship of the Proposed Extraction Site to the Community 2 2.8.2 Site Analysis Information 3 2.8.3 Estimated Quantity of Materials to be Extracted 3 2.8.4 Depth of Water Table 3 2.8.5 Average Thickness of Overburden 3 2.9 Plan of operation 3 • 2.10 Drainage, Erosion Control, Sedimentation, Dust, Security, Access Control, and Weed Control 4 2.11 Restoration Plan 5 3.0 STANDARDS 5 3.1 Boundary 5 3.2 Prohibited Areas 5 3.3 Fencing 6 3.4 Site Appearance and Screening 6 3.5 Rehabilitation 6 3.6 Noise 6 3.7 Hours of Operation 7 3.8 Explosives 7 3.9 Dust and Odor 7 3.10 Pollution Control 7 3.11 Topsoil Preservation 8 3.12 Slopes 8 • APPENDICES • Appendix A Figure 1 — City Map Figure 2 —Site Location Map Figure 3 —Properties Zoned for Mineral Excavation Appendix B List of Addresses within 350 Feet of the Site Appendix C Sheet 1 —Existing Conditions Sheet 2—Phase 1 Mining Plan Sheet 3 —Phase 2 Mining Plan Sheet 4—Phase 3 Mining Plan Sheet 5 —Drainage Plan Sheet 6—Restoration Plan • • 1.0 INTRODUCTION Schmidt Gravel Mining (Schmidt) is proposing through the submittal of a conditional use permit application to the City of Elk River (the City) to mine gravel and operate a portable asphalt plant on an approximate 66.06 acre site in the northern portion of Elk River (the Site). The location of the Site is illustrated on Figures 1 and 2 in Attachment A. The proposed gravel mining location is situated on two private properties owned by Schmidt. Approximately 500,000 cubic yards of material will be mined from approximately 14.81 acres of the Site for a period of approximately ten years. The project purpose is to obtain natural aggregate material for use in the construction industry. Gravel material mined will be used for the production of asphalt, which will be used for building new roads and improving existing roads in the surrounding area. At the conclusion of mining the Site will be restored to agricultural use or developed as residential or commercial property. 2.0 SITE INFORMATION REQUIRED FOR EXTRACTION LICENSE AND CONDITIONAL USE PERMIT 2.1 LEGAL DESCRIPTION NW 1/4 of NE 1/4, the N1/2 of NW % of NE 1/4 , and the North 200 feet of South %2 of NE 1/4, all in Section 10, T 33 North, R 26 West, Sherburne County, Minnesota. 2.2 APPLICANT Roger P. Schmidt d/b/a Schmidt Gravel Mining 10107 105th Street Northwest Annandale, Minnesota 55302 Phone: (320) 274-3042 Fax: (320) 274-8759 2.3 LAND OWNER Barna, Guzy, & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids, Boulevard Minneapolis, Minnesota 55433-5894 Phone: (763) 780-8500 Fax: (763) 780-7777 • LIESCH ASSOCIATES,[NC. January 2003 Hydrogeologists•Engineers•Environmental Scientists Page I 2.4 NAMES AND ADDRESSES OF ADJACENT LAND OWNERS WITHIN 350 FEET OF SITE • The names and addresses of adjacent land owners within a 350-foot radius of the Site are attached in Appendix B. 2.5 PURPOSE OF PROPOSED EXTRACTION The purpose of the project is to obtain natural aggregate material for use in the construction industry. Gravel material mined will be used for the production of asphalt, which will be used for building new roads and improving existing roads in the surrounding area. 2.6 ESTIMATED TIME TO COMPLETE THE PROPOSED EXTRACTION AND REHABILITATION The proposed duration of the mining operation is ten years. Three phases of mining are planned at this time. Upon conclusion of the mining operations, the Site will be restored to agricultural use or developed as residential or commercial property. 2.7 TRANSPORTATION ROUTES The gravel mined will be processed on Site or hauled to Elk River Bituminous located approximately 1/4-mile south of the Site. Truck traffic generated by the gravel mine will be 411 limited to an approximate 1,000 foot stretch between 219th Avenue and 217th Avenue on Trunk Highway 169. Auxiliary northbound and southbound shoulder lanes will be constructed according to Minnesota Depal tment of Transportation (MnDOT) specifications. Trucks will depart the Site on 219th Avenue travelling westbound, turn left and travel southbound on Trunk Highway 169 in the southbound shoulder lane, and turn left on 217th Avenue, travel eastbound and enter Elk River Bituminous. Trucks leaving Elk River Bituminous will travel westbound on 217th Avenue, turn right on and travel northbound on Trunk Highway 169 in the northbound shoulder lane, and turn right onto 219th Avenue and travel eastbound into the Site. 2.8 SITE SPECIFICATIONS 2.8.1 Physical Relationship of the Proposed Extraction Site to the Community The Site is located in the northern portion of Elk River, east of Trunk Highway 169. According to the 2002 Elk River Zoning Map, the Site is currently zoned for agricultural conservation. Adjacent properties to the east and west are also zoned for agricultural conservation. Properties adjacent to the north and south are zoned for both mineral excavation and agricultural conservation. Active gravel mines are operating adjacent to the north and south of the Site and • LIESCH ASSOCIATES,INC. January 2003 Hydrogeologists•Engineers•Environmental Scientists Page 2 across Trunk Highway 169 to the west. The location of the Site is illustrated on Figures 1 and 2 in Appendix A. Figure 3 in Appendix A shows the properties zoned for mineral excavation in the surrounding area. 2.8.2 Site Analysis Information There is very little tree cover in the areas of the proposed mining. The depth to ravel beneath the topsoil is typically less than 12 inches. There are no buildings located on the Site and no buildings are proposed. The nearest buildings are located south of the Site and are associated with a farmstead to be purchased by Schmidt. The Site is not located in the delineated 100-year flood plain and no water courses exist on the Site. Seven separate wetlands are located on the Site, however, it is not anticipated that any of these wetland areas will be altered or hydrologically affected by the proposed mining. The elevations and slopes within 100 feet of the perimeter of the Site are shown on the Existing Conditions Map included as Sheet 1 in Appendix C. 2.8.3 Estimated Quantity of Materials to be Extracted Approximately 500,000 cubic yards of material will be mined from approximately 14.81 acres of the Site. All of the gravel to be mined is located in existing hills. 2.8.4 Depth of Water Table • • The general hydrogeologic conditions in the vicinity of the Site were described in the Environmental Impact Statement (EIS) prepared for the Elk River Gravel Mining District, Elk River, Minnesota, prepared by Maier Stewart and Associates, Inc (MSA), dated May 1994 (the 1994 EIS). Based on groundwater information in the 1994 EIS, the groundwater elevation is the area of the Site is approximately 950 feet. Based on a review of the existing site conditions, the water table at the Site may vary from 948- 966 feet, based on the elevations of the wetlands. The proposed maximum depth of mining will not extend below five feet above the elevation of the closest wetland to the area being mined (see Sheets 2, 3, and 4, Phasing Plans, Appendix C). 2.8.5 Average Thickness of Overburden Overburden in the areas to be mined at the Site is minimal. Gravel is typically present at less than 12 inches below grade. 2.9 PLAN OF OPERATION The gravel mining operation will include mining, processing, stockpiling, and hauling of gravel LIESCH ASSOCIATES,INC. January 2003 Hydrogeologists Engineers Environmental Scientists •Page 3• to construction and road project sites. A portable crusher will be utilized on site periodically. The proposed operation does not include gravel washing. Operation of the portable asphalt plant will include drying and heating of aggregate and mixing with asphalt cement coating to produce411 asphalt. The operation will include a bulldozer, a loader and conveyors. Mining will be conducted in three phases (see Sheets 2, 3, and 4, Phasing Plans, Appendix C) and will begin on the east side of the Property and move westward. As a phase is opened topsoil will be stripped from the designated area and stockpiled on-site for later use in site restoration. The portable asphalt plant will be located on the east portion of the Site near Phase 1. No permanent roads or building will be constructed at the Site. No permanent utilities will be installed at the Site. No water wells are proposed at the Site. No gravel washing will occur at the Site. Water use at the Site will be for purposes of dust control only. No disposal or reuse of water will occur. No explosives will be used at any time. 2.10 DRAINAGE, EROSION CONTROL, SEDIMENTATION, DUST, SECURITY,ACCESS CONTROL, AND WEED CONTROL Surface water runoff and erosion controls are proposed to control surface water discharge off • site. The proposed controls will include installation of silt fence/hay bales, rip-rap placement in drainageways, and phased topsoil replacement and seeding of completed phases. The silt fence/hay bales and rip-rap will be placed in areas deemed necessary during mining operations. Since most of the Site will remain undisturbed during the mining operations, only minimal, if any, off site surface water run off is anticipated. Based on the topographic contours of the Site, surface water runoff from the eastern portion of the Site will flow to the east. Surface water runoff from the western portion of the Site will remain on site and flow into the low areas or wetlands. Sedimentation may occur in temporary, natural ponding areas. Sheet 5 in Appendix C shows the drainage characteristics of the Site. Dust generated during mining operations will be limited to the active mining area and haul roads. Water will be delivered to the Site via a water truck and applied primarily to haul roads, but also to any exposed soil/topsoil stockpiles and areas where mining has been completed as is necessary. Mitigative measures to minimize fugitive dust from these areas may include of stockpiling soils in a manner to prevent erosion and phased restoration of completed areas. Additionally, paving 100 feet of the approach to Trunk Highway 169 may be considered to reduce dust. Fugitive dust generated from the asphalt plant operations will be addressed through the use of baghouses. Baghouses are designed to filter fine particles through the use of fabric. Particles will be caught on the surface of the bags, leaving clean flue gas to pass through. Bags • LIESCH ASSOCIATES,INC. January 2003 Hydrogeologists-Engineers Environmental Scientists -Page 4• will be cleaned periodically as dust layers build up to minimize pressure drop. Captured dust from these devices will be returned to the production process. Access to the site will be gated. When the site is unattended, all vehicles and equipment will be secured and locked. Control of access to open extraction will be accomplished with warning signs and/or fencing. Fencing currently exists at the Site. The mining operation will not involve the creation of any steep slopes. The gravel resources to be mined are located only in long narrow ridges. It is anticipated that these gravel containing ridges will be excavated and removed, leaving a relatively flat landscape behind. Once removed, only minimal excavation will occur below the ridges. To prevent weeds and unsightly vegetation, stockpiled topsoil will be placed on graded and mined surfaces intermittently as the phased mining progresses. Graded areas and completed phases will be re-vegetated with standard MnDOT seed mixtures. 2.11 RESTORATION PLAN Upon completion of mining, the Site will be returned to agricultural use or potentially used for residential or commercial development. As phases of the operation are completed, the stockpiled soils and topsoil will be distributed and graded across the mined area. Backfilling will be with materials that are suitable for building and backfill. Stockpiled topsoil will be placed on graded and mined surfaces intermittently as the phased mining progresses. Topsoil will be seeded and mulched to prevent erosion. Standard MnDOT seed mixtures will be used and when necessary trees will be planted. Final grades will range from 1% to 25%. Sheet 6 in Appendix C is the Restoration Plan showing the proposed final contours of the Site. 3.0 STANDARDS AND REQUIREMENTS 3.1 BOUNDARY Extraction operations will be conducted within the confines of the extraction site described in the application. 3.2 PROHIBITED AREAS No mining operations will be conducted within five feet of the right of way of an existing public utility. Mining will not occur within fifty feet of the boundary of any zone where such extraction operations are not permitted. Setbacks from the wetlands will be at least fifty feet. • LIESCH ASSOCIATES,INC. January 2003 Hydrogeologists•Engineers•Environmental Scientists -Page 5- Mining will not occur within thirty feet of the boundary of an adjoining property which is not being used for extraction operations. • 3.3 FENCING The perimeter of the site is fenced to prevent unauthorized access. A four foot fence will be installed as necessary in areas where collections of water greater than 1 %z feet deep are located, where extraction slopes are steeper than one foot vertical to 1 %2 feet horizontal, and any other areas where obvious signs of danger to the public exist. 3.4 SITE APPEARANCE AND SCREENING All Site equipment will be kept operational. Abandoned machinery and rubbish will be periodically removed from the Site. All temporary buildings and structures will be removed and the Site will be graded and restored in accordance with the restoration plan within three months after termination of the extraction operations or within three months after termination of the extraction license. The perimeter of the Site will be planted or otherwise screened when required. The trees and ground cover located in the mining areas will be removed as each phased area progresses. All existing trees and ground cover will be preserved to the maximum extent feasible. The majority of the Site will remain undisturbed. • 3.5 REHABILITATION Rehabilitation will be continuing process, occurring as quickly as possible upon completion of each phased operation. All banks and slopes will be restored in accordance with the attached Restoration Plan. Finished slopes will not exceed 4:1. A minimum of 3 inches of topsoil will be placed over restored areas. The restored areas will be planted with enough ground cover sufficient to contain the soil. The vegetation will be inspected periodically to insure it is self-sustaining. Trees will be planted where appropriate. No water bodies will be created as part of the mining operation. All standing surface waters resulting from the mining operation will be backfilled with acceptable material. 3.6 NOISE Maximum noise levels at the perimeter of the Site will comply with Minnesota Pollution Control Agency (MPCA) standards. Any nuisance noises will be minimized by limiting hours of operation. Selected placement of gravel stockpiles can also be used to control noise. On-Site • LIESCH ASSOCIATES,INC. January 2003 Hydrogeologists•Engineers•Environmental Scientists Page 6• • generators may be housed in trailers or other temporary structures to minimize noise, if necessary. Additional mitigative measures for noise will also include proper equipment maintenance and muffling. 3.7 HOURS OF OPERATION Mining operations be conducted between the hours of 7:00 AM and 7:00 PM, Monday through Saturday. 3.8 EXPLOSIVES No explosives will be used at the Site. 3.9 DUST AND ODOR Dust generated during mining operations will be limited to the active mining area and haul roads. Water will be delivered to the Site via a water truck and applied primarily to haul roads, but also to any exposed soil/topsoil stockpiles and areas where mining has been completed as is necessary. Additionally, paving 100 feet of the approach to Trunk Highway 169 may be considered to reduce dust. Fugitive dust generated from the asphalt plant operations will be addressed through the use of baghouses. r.i The proposed asphalt plant is the primary source of odor for the project. Odors will be controlled and minimized by engineering and designing the appropriate stack height for the operation. The use of recycled asphalt in the plant operation will also be limited, thus reducing some of the nuisance odors. Hours of plant operation will be adjusted as needed based on weather conditions and/or periods of inversion. 3.10 POLLUTION CONTROL At this time, there will be no permanent above or below ground storage tanks located at the Site. Temporary or portable aboveground tanks will be used store fuels. If storage will exceed 1,320 gallons, a Spill Prevention Control and Countermeasure (SPCC) Plan meeting the requirements of 40 CFR Part 112, will be prepared and implemented for the Site. In addition, all tanks will be registered with the MPCA. MPCA Air Quality Permits are required for sand and gravel mining operations and asphalt plants depending on the size of the operation and the "potential to emit." Potential to emit calculations will be performed and the proper permits will be obtained. Additionally, as required by the MPCA, a National Pollutant Discharge Elimination System (NPDES) Permit for storm water will be obtained and a Storm Water Pollution Prevention Plan (SWPPP) will be completed for the Site. i LIESCH ASSOCIATES,INC. January 2003 Hydrogeoloo sts Engineers•Environmental Scientists •Page 7• 3.11 TOPSOIL PRESERVATION All topsoil will be retained on-Site for use in the Restoration Plan. . 3.12 SLOPES All extractions except for the working face will be sloped at 1:1. All restored slopes will have a maximum slope of 4:1. 1111 • LIESCH ASSOCIATES,INC. 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' �'/ f 1 ) •... ``u / '\ I f ///1/11111 \ /r ',',1/41‘`‘‘\ - o / i >'' l' ;i ol,'•irn / Y _J ` II ' 'ii ' % ', / `\t \`, _--- ' �'' +' /�lrr�,n/,,/%/ _ \\ __- J.LY-''%=',•,--:.- =--- \ .`J 11( \ )--/ l ,v -"::: .meq,.,. ./ ---`--,://''':' l ,/ ,\,, „\ r' \k' 14 J ' ` 1 - - - - ---/=1% ,,,,:-"‘•%(4 lr L;. •• -- -7---- -}‘',;-%---- !,'r\ �fsf f----St •r.>o;-7'; F\�l✓,1/i) t-s e�•�o'o,'\E zsz Is•,.6=i:;,i,, .'----- _1 - - 1" tom' -,1__-t �_:c- _,-f,'`-� -' I '// -,_-� ,,,','4;a;--,-,--,--1,-----:'_j7:--.-:=„2//j. '1 r '/ i" T. \>\•ASO ' ( \'i'i /7'.;^>'\ iI HrJA4wJ•/>I, / 't�• -S // ,. 7`� oltoe.,...44,,,.4.,,‘,,, i4<APIg v / if 1 ) Ililr _ if- � i�'' 1 14 Ny406t \iC \ •�... '/if. /i'�' i r--F a•o- / / � I 9 / , q 1 f/ i 0.:-_-_-, r 1'h•lil►♦10..140..14; 71111 IFF417f7,'.1 . .�i Howard R. Green Company February 14, 2003 File: 819320J-0325 Mr. Steven Rohlf Building and Zoning Administrator City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: ROGER SCHMIDT GRAVEL MINING APPLICATION Dear Mr. Rohlf: As you requested, we have reviewed the additional information submitted on the request by Roger Schmidt for a gravel mining operation in northern Elk River. The information we reviewed was prepared by Liesch Companies and consisted of a report entitled "Application for Rezoning to Mineral Excavation Overlay District and Conditional Use Permit for Mineral Excavation and Hot Mix Asphalt Plant, Schmidt Gravel Mine" and several plan sheets also prepared by Liesch Companies. Based on • our review and meetings with the applicant, his consultant, and City staff, we would offer the following comments: 1. By far, the most important engineering issue with this application has to do with access to and from Trunk Highway 169 (TH169). The applicant's documentation indicates that they are expecting approximately 40 trucks per day to haul mined gravel to an asphalt plant less than a quarter mile to the south. The actual trip anticipated on TH169 would be approximately 600 feet. The applicant's Environmental Assessment Worksheet (EAW) indicates that 40 trucks a day is a relatively low number compared to average daily truck traffic and heavy commercial average daily traffic levels for TH169. While this statement is true, it is also true that in typical through-stop controlled intersections along high-speed divided highways (such as TH169), the minor street through and left turn movements typically account for less than ten percent of the entering traffic but account for approximately 90 percent of the vehicle crashes. In particular, the high density of heavy commercial vehicles making this movement could lead to safety deficiencies and ultimately the potential of crashes on TH169. Therefore, we would recommend that this application be granted only if the applicant can secure an internal route from the gravel mining area to the asphalt plant. We have had this discussion with the applicant at our meeting on February 13, 2003. The applicant is willing to work with the representatives of Aggregate Industries, the property owner between the proposed gravel mining area and the bituminous plant, to secure an internal route. At our meeting we also discussed the issue of whether of not the applicant had plans to sell gravel to others, which in this case would involve leaving the site and entering onto TH169. The applicant indicated that he would like this opportunity. We would recommend Ltr-021403-Rohlf 1326 Energy Park Drive • St. Paul, MN 55108 • 651/644-4389 fax 651/644-9446 toll free 888/368-4389 Mr. Rohlf February 14, 2003 • Page Two that if there is to be any gravel sales to others, that it is conditioned upon a MnDOT permit being granted for access to and from TH169, including any and all improvements to the highway that MnDOT requires. Finally, we would recommend that access for gravel mining sales be limited to the Elk River Bituminous access to TH169. The reason for this is that if MnDOT requires improvements to the highway, we feel they should be made at this location so that trucks hauling asphalt product from Elk River Bituminous can also utilize the improved access onto and off of TH169. 2. It should be noted that MnDOT has designated TH169 as an Interregional Corridor (IRC), where the primary function of the highway is to facilitate the traffic flow between regional trade centers with predictable travel speeds and a high emphasis on safety. The recently completed study of TH169 by MnDOT proposes long-term plans to convert TH169 to a freeway design standard. This, of course, would mean that there would be full access control and interchanges built at strategic locations along the route. Although these plans are likely sometime in the future before any implementation, we would recommend that a condition on the gravel mining CUP be that any access to and from TH169 be modified in the future to accommodate any IRC improvements either short term or long term. 3. The applicant submittal information contained only limited detail regarding drainage, erosion control, and sedimentation. In our discussion on February 13 with the applicant and his consultant, it was agreed that the applicant would need an NPDES permit prior to . any operation. This permit would require that a storm water pollution plan be prepared. In addition, we would propose a condition that no operation of the gravel mining take place until a drainage plan be submitted, reviewed and approved by City staff. We discussed with the applicant and his representatives that this drainage plan would include temporary sedimentation ponds for run-off prior to discharging to wetlands on the site or discharging off the site. 4. We agreed with the applicant that he will widen and bituminous surface the access road to his site that is shared with the two businesses and one homeowner near TH169. The agreement was that all sections of the roadway, which are shared traffic between the gravel mining operation and businesses or homes in the area, would be a minimum of 20 feet wide and be bituminous surfaced. The applicant needs to provide documentation that the easement over this area and/or permission from the other property owners provides him the right to make these improvements. 5. Other issues that we discussed at the meeting with the applicant and his representatives I assume will be covered in great detail in your memo; these would include the following: • Active mine face will need to be fenced. • A water truck for dust control needs to be present at the site. The source of water would be from the Elk River Bituminous site. • Oak wilt restrictions need to be met with no cutting of trees between July 15 and April 15. • Howard R. Green Company Ltr-021403-Rohlf doc CONSULTING ENGINEERS • Mr. Rohlf February 14, 2003 Page Three • A condition needs to be added requiring the applicant to provide documentation relative to the authority to mine the 200-foot strip of property that will ultimately be owned by others. • The applicant has indicated he will be withdrawing his application for a hot-mix asphalt plant. If you have any questions regarding any of these issues, please call. Sincerely, Howard R. Green Company t OJJJ 7- Terry Terry J. Maurer, P.E. TJM:sw • • Ltr-021403 Rohff Howard R.Green Company • CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION THIS AGREEMENT, made and entered into this day of 2003, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (City), and Schmidt Gravel Mining, 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: • The Northwest Quarter of the Northeast Quarter (NW 1/4 of NE 1/4), the North Half of the Northeast Quarter of the Northeast Quarter (N 1/2 of NE 1/4 of NE 1/4), and the North 200 feet of the South Half of the Northeast Quarter of the Northeast Quarter (N 200 feet of S 1/2 of NE 1/4 of NE 1/4), all in Section 10, Township 33, Range 26, 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 March 17, 2003, 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 City's Mineral Excavation, Zoning, and other applicable ordinances; and • Page 2 WHEREAS, the City's Zoning Ordinance requires that a conditional 1110 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 City's 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: (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 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 s:\b&z\stever\gravcup.d oc • Page 3 • 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 shall be renewed annually and shall run from June 1st through May 31st. 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. (05) Violations of this Conditional Use Permit may result in suspension or revocation. (06) The City Building and Environmental 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 Environmental Administrator prior to issuance of the mineral excavation license. c. The reclamation shall include topsoil from the site being preserved and put back into place after mining. d. Revegetation of the property shall include seeding with a mixture approved by city staff accompanied by a nurse crop or approved mulch. The vegetation established for the reclamation must be maintained until it is self-sufficient. • s:\b&z\stever\gravcup.d oc Page 4 e. 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. (10) Traffic a. Material mined as part of this Operation shall be haul directly to the Elk River Bituminous site via easements, not accessing any public road or via temporary access to US Trunk Highway 169 at 219th Avenue contingent on gaining an access permit from the Minnesota Department of Transportation and completing all required improvements. Access to Highway 169 at 219th Avenue will be eliminated when frontage roads leading to interchanges are developed. b. All portions of drives shared by this Operation and another business or residence shall be a minimum of twenty feet wide and hard surfaced. The Operator shall provide the City with executed copies of all agreements concerning the ability to make improvements to these drives and their maintenance prior to the Operation commencing. c. The sale of product from the Operation shall only take place from the Elk River Bituminous site and then only after receiving authorization from the Minnesota Department of Transportation and completing all required improvements to the access for that site prior to commencing said sales. (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. 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. • s:\b&z\stever\gravcup.doc Page 5 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 use for dust control. 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, except the hours may be extended by the Building and Environmental Administrator for special cases. (13) Noise a. As deemed necessary by city staff, 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. (14) 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 twenty- five (25) feet of a dwelling, or more than .5 foot candles on • any part of the adjacent property. s:\b&z\stever\gravcup.doc Page 6 (15) The piling, storing, or keeping of old machinery, junk, debris, II 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. (16) 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. (17) Groundwater protection measures shall include: a. The Operator shall file with the City an Emergency Spill Prevention and Counter Control Plan and a Storm Water Pollution Prevention Plan as may be required by other governmental entities. 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. Fuel tanks shall be above ground, properly diked (if IIII 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 four (4) working days. e. The appropriate storm water permits (NPDES) shall be obtained by the Operator from MPCA and copied to the City. f. Mining activities shall not take place closer to ground water levels than indicated in the plans submitted without amending this conditional use permit. g. Gravel washing operations are prohibited at this site and will require an amendment to this permit to be allowed in the future. • s:\b&z\stever\gravcup.doc Page 7 • h. Except for minor repairs, maintenance of vehicles and equipment shall take place in the shop at the Elk River Bituminous site. The Operator shall have an approved hazardous waste license for this facility and properly dispose of all waste. i. No mining operations shall be conducted within fifty feet of any wetland. Further, all wetlands shall be protected by silt fencing and other measures as determined necessary by City staff. j. Temporary sedimentation ponds, as indicated on the plans submitted, shall be constructed and maintained until deem no longer necessary by City staff. (18) 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. • (19) Fencing All cut faces with slopes greater than 3 to 1 shall be fenced on the high sides to provide a clear warning of the potential danger until properly sloped. (20) Oakwilt 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 15th, not leaving roots exposed and avoiding mechanical damage on remaining trees. (21) Blanding's Turtles Department of Natural Resource flyers with an illustration of a Blanding's Turtle shall be distributed to all site workers. If observed, turtles in imminent danger shall be removed to a safe location and turtles not in danger shall be left • undisturbed. All construction areas shall be surrounded by s:\b&z\stever\gravcup.doc Page 8 silt fence to keep turtles from entering and no wetlands shall • be altered as a result of the work authorized in this permit. (22) Other Permits The Operator shall obtain all state and federal permits appropriate to their operation and file copies of said permits with the City. 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. • s:\b&z\stever\gravcup.doc • 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 & Environmental Adm. 13065 Orono Parkway, P.O. Box 490 Elk River, Minnesota 55330-0490 If to the Operator at: Schmidt Gravel Mining ATTN: Roger Schmidt 10107 105th St. NW Annandale, Minnesota 55302 (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: Schmidt Gravel Mining/ Rosemary Anna Lefavor By: By: Its: Mayor By: By: Its: City Administrator • s:\b&z\stever\gravcup.doc Page 10 STATE OF MINNESOTA • ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 2003, by Stephanie A. Klinzing, 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 , 2003, by Patrick D. Klaers, the City Administrator of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public II s:\b&z\Stever\gravcup.doc Page 11 • STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2003, by , the of Schmidt Gravel Mining, a Minnesota corporation, on behalf of the corporation, fee owner of a portion of the subject property and Operator on the subject property. Notary Public STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 2001, by , the of Rosemary Anna Lefavor, fee owner of a portion of the subject property. Notary Public This instrument was drafted by: City of Elk River Building and Environmental Dept. 13065 Orono Parkway/ PO Box 490 • Elk River, MN 55330 s:\b&z\Stever\gravcup.doc • ORDINANCE 03 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED CASE NO. ZC 03- 01 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone to Mineral Excavation Overlay Zoning District the properties described as: The Northwest Quarter of the Northeast Quarter (NW 1/4 of NE 1/), the North Half of the Northeast Quarter of the Northeast Quarter (N '/2 of NE 1/4 of NE 1/4), and the North 200 feet of the South Half of the Northeast Quarter of the Northeast Quarter (N 200 feet of S 1/2 of NE 1/4 of NE 1/), all in Section 10, Township 33, Range 26, Sherburne County, Minnesota. Section 2. The rezoning is being approved based on the following findings: • 1. The city's comprehensive plan anticipated mineral excavation as an interim use in locations where it does not interfere with surrounding land uses or other natural resources, as is the case with this request. 2. The request is consistent with the city's land use map, since the Mineral Excavation Overlay Zoning District leaves the underlying zoning and land use of the subject property unchanged. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 17 day of March, 2003, by the City Council of the City of Elk River. Stephanie A. Klinzing, Mayor ATTEST: Sandra A. Peine, City Clerk • s:\b&z\stever\schmidt zone change.doc AV.GL rnn led aav [Zur BA LIESCH IZ002/002 Rohlf, Steve IllFrom: Curt Eastlund[Curt.Eastlund@a dot.state.mn.us[ Sent: Tuesday, December 10,2002 4:39 PM To: Mark Rents Cc: Gary Dirlam Subject: Elk River Gravel Pit Access Mark, I got a call from Roger Schmidt and told him I would pass on mine an Gary's comments so Mn/DOT (read as "Mark Renn"1 could reply to the city. Wes-calked about including a range of acceptable conditions that he could chase down. My preferences would be the following. First preference. Get an easement off the R/W from his neighbor and do not have the slow moving trucks mixing with highway traffic. Second preference. Build auxiliary lanes (southbound on left; northbound on right) from the public road accessing his property to the cross aver entering Elk River Bit and from Elk River bit back to his public access point. Instruct drivers not to enter into the through lanes, just travel the auxiliary lanes. Distant third option. IF the 221st Ave intersection is far enough north to allow trucks to reach highway speed, and IF there is a czoss over and an access point opposite that could be used for a combined entrance. They could • negotiate an easement from their western neighbor to cross and access at 221st. Still would need a N.B. right turn and S.B.. acceleration lane. This option has not been fully analyzed. Someone would need to check to • see if it is a long enough distance to get up to speed and merge, if there is an access at that location on the east side, and if-the adjacent landowner is willing work with the gravel company.' The oenefits of this option is that the gravel company may save some construction costs over the auxiliary lanes, and it may set up the long term intersection envisioned in the corridor plan- I think Gary was in concurrence with the first two. I don't think he would object to the third providing the remaining research was done and acceptable answers were found. Roger Schmidt called and asked if we could get a response to the city soon. If he can not meet our requirements he will drop the option on the land and go away. If there is a workable and acceptable solution. he will go forward with purchase and work with the city for re-toning. We have been considering this for a while. We owe them an answer. Curt Eastlund Project Development Engineer email: curt.eastlundedot.state.mn.us Ph 218 855 3021 or 800 657 3971 Fax 218 828 6105 / • 1 • FEB 7 5 L(1 2/14/03 Stephen Rohlf Elk River Planning and Zoning Elk River City Hall 13065 Orono Parkway Elk River, MN 55330 Re: Schmidt Gravel Dear Mr. Rohlf, I have reviewed the proposed plan for mining gravel by Roger Schmidt, on property near mine on 219th Ave. N.W. Mr. Schmidt has told me that he will pave the road past my property at his expense in order to keep dust down. I understand it also may be necessary to widen the road. It is my further understanding that the road will be 20 feet wide and will be maintained by Schmidt Gravel I understand that during part of the year there will be trucks hauling gravel past my property. • I would just like to go on record stating that I am in favor of allowing Mr. Schmidt to mine and to access Highway 169 from the road adjacent to my property. I believe that the sooner the gravel is removed, the sooner we will see further development in the area, which will benefit not only me,but other nearby property owners. I will not be able to attend the upcoming meetings, but would like my thoughts expressed. Sincerely, Chris Stokke Owner Greenscape Landscaping& Irrigation • • 2002 BUILDING PERMIT REPORT TOTAL PERMITS ISSUED FOR 2002 2667 (Includes building, grading, housing, sign, street disruption, septic, demo, plumbing, heating, gas) PERMITS ISSUED RESIDENTIAL NEW: SINGLE FAMILY DWELLINGS 194 TWIN HOMES 18 MULTI-FAMILY (3 or more units) 32 1- 8 UNITS 6- 4 UNITS APARTMENT BUILDINGS -0- TOTAL UNITS 244 RESIDENTIAL BUILDING VALUATIONS: SINGLE FAMILY DWELLINGS $ 37,969,186 TWIN HOMES $ 1,983,970 • MULTI-FAMILY $ 4,702,564 TOTAL VALUATION FOR OTHER RESIDENTIAL CONSTRUCTION, I.E. DECKS, GARAGES, ETC. $ 3,133.264 TOTAL RESIDENTIAL VALUATION $ 47,788,984 *AVERAGE VALUATION FOR SINGLE FAMILY HOMES IN 2002: $ 195,717 ($185,760 IN 2001) COMMERCIAL/INDUSTRIAL/INSTITUTIONAL VALUATIONS: COMMERCIAL/NEW $ 7,618,842 INDUSTRIA.LJNEW $ 795,265 INSTITUTIONAL/NEW $ -0- APARTMENT BUILDINGS $ -0- COMMERCIAL/INDUSTRIAL/INSTITUTIONAL, 0- COMMERCIAL/INDUSTRIAL/INSTITUTIONAL, ADDITIONS, REMODELING, ALTERATIONS $ 2,689,604 TOTAL COMMERCIAL/INDUSTRIAL/INSTITUTIONAL $ 11,103,711 • GRAND TOTAL VALUATION, RESIDENTIAL/COMMERCIAL/INDUSTRIAL/INSTITUTIONAL FOR 2002: $ 58.892.695 S:/bz/cliff/2000str • 2002 C OMMER CIAL/INDUS TRIAL/INS TITUTIONAL BUILDING PERMIT HIGHLIGHTS ADDRESS PROJECT VAUATION 19431 Evans St. Goodwill/Sherman Williams $ 500,000 (Addition) 17354 Zane St. Saxon (Addition) $ 300,000 1697 Main St. Utility Building $ 286,761 13065 Orono Parkway City Hall remodel & $ 2,494,980 • 13069 Utility Addition 13073 Orono Parkway Fire and Police $ 3,616,617 13077 18912 Twin Lakes Road Grace Assembly of God $ 760,035 Church 18200 Zane St. Elk River Crossing $ 450,000 15688 Jarvis St. Renner Well Addition $ 300,000 10725 165th Ave Aqua Pure Solutions $ 295,265 22460 Hwy 169 Landfill Gas $ 500,000 Recovery Facility • WOODBURY TRIES TO M.ANAGE • EXPLOSIVE GROWTH 0' , . , , . , di 4t......- ' -.4' \\„. -.,..,, - . . , 04,,,,., _ „ ,,,i4z*.' VI a, r�r. , , __,,,,"_ , , „ ,,,, .� --,„-\'-1 kik' ,': ' ,' cl , y, . „ ri„,„( dru .. ..z. F -e- did t*.9.- ' mr 91" , — ,.. JIM GEHRZ,PIONEER PRESS Woodbury subdivision looms behind a construction site for single-family homes and town homes near the intersection .f Woodlane Drive and Bailey Road.The city's rapid growth has slowed since the 1990s. ( Aireak ..frsm Tw tions staters tigatoi On Id Minnesota's BY JUDY ARGINTEANU ulate school population growth Despite a steady saw I -d pyoneer.Press building program, classroom overcrowding is allege, fastest-growing still a worry in District 833, which serves the John Y Blammo. bulk of the city.That has meant changing school neapo Th large city sets a That's how Woodbury residents might boundaries,forcing students to shunt from one on Th describe the city's building boom in the 1990s, school to another. target of 600 new when the suburb's population virtually dou- The slower with growth spendiso s on roads and city r 24pi an( cke( ect bled.In the past few years,that rate slowed to keep p housing units a relative crawl,from 1,636 housing units per- services. That means residents won't face ing d fe year in order awitted in 1999 to just 200 last year, huge special tax increases,and vehicles won't indict Officials in the state's fastest-growing large clog roads before the e surfaceshas e said city they� time and 1 'of to regulate school city aim to keep their growth at a more man- money to upgrade ageable pace for the next few years.So far,the administrator Barry JohnsonDelm populations, road city appears to be on track,although its target The slower rate will help storm water and confe of 600 housing units a year in the city's devel- groundwater management,an issue of concern held s i will construction oping east side is still a steady rat-a-tat-tat. in neighboring Afton, which is worried that 1 •affic Perhaps most important to the young fami A BREAK FROM BOOM,6B and services. lies who flock to the area,the limit will help reg- :rian GUTHRIE REFINES DESIGN METRO AREA lcte• ,;;,;, r+;:;tits+'i'; .+;'';fir^ Un' 4 - ti ,r _, _ .,�_>> : + 5 ;k" � : : " <<< Contractor char ed in m be ti y's -'„p`_ Qr,: A. Y.''g:'. i;3tr'a�',�;";.._'`� ,—,:4',., �m�+�M .a'r�v;y:��ti;'� - ��'q;;; }�vr i��';;,,,ff.'s �, ��il,�s;':. w, ta"-,;,'° ' . ;'.. � I '' ,r, „ ;;5, a „w . � ,, ;_ .=+ allegedly took money didn't y ,. ;,NY.c*.. , > 4,5'.' :4. -, .r rr .:,�:;,,.�,+, a: BIR Construction g y Y, on in Itti ob ri „ ...,,fi r:;,;�;,; e' AttorneyAm! :Mgr.: ^r, ' ” 4trrrrr,A-„,�r” 4 r+ BY A SHE MAN County 5 App.:a' r;°' ',QCsT�,,,,.�'" ,y M1+,.," the ,. 1..;', ^��",^ ,a's HIobuchar charged forme a„,,,+, •,+,r��� � ��;;” �,"r";'�k'�4 , / eerPress g +',+�y� �,. , Pioneer owner of R1R Construction with 1• 6B C FRIDAY, JANUARY 31, 2003 LOCAL NEWS FROM PAGE 1B 1. A break from boom Putting a lid on growth + Woodbury's residential growth in 2002 fell to its lowest rate in more than 20 years,a virtual standstill compared with its explosive pace in (continued) tion of the city's growth. the 1990s.That number will rise again as the city begins a new phase Although numbers bear out the of expansion to the east,but city officials say they are likely to stay the rapid growth could affect city's claim, resident Ellie within their target of some 600 new housing units per year —not the water levels of Afton wells. Schmidt still sees more and including some exemptions—until 2007. City officials say they expect- more houses going up.She grew 1,800 ed last year's steep decline in up in Maplewood just across 1,600 ` growth.The year had the lowest Woodbury's northern border number of housing permits in along Interstate 94,when Wood- , 400 more than 20 years. That's bury was more silos than ; zoo because the land within the old streets. She and her husband MUSA line,the boundary where bought three acres about eight N o0o Estimated_ municipal sewer and water years ago in the city's southwest s 800 service stops,is under develop- corner near Woodlane Drive d 600 and Military Road. z I '' ;`; ` ment now. ^ ."=�'-�'-"_ The number of units will rise She supports the growth tar 400 I I II r4,, as major development begins in get,though she admits she does I I - : ;; new zoo ,� ,;=u ,- the new 1,400-acre MUSA expan- like the con enience of thane have 0 sion area on the city's eastern shopping 1990 1992 1994 1996 1998 2000 2002 2004 2006 end.But the city forecasts a tela- sprung up. tively manageable clip,thanks to Still,she says,sometimes she its growth management plan looks around in wonder at the Diego based Newland Com passed in 2002,setting a target of changes she's seen. "They're opment director. SannDieg developedbased the 5d5 acre 600 housing units per year, on just building and building and "It's a high level of activity, average,through 2007. building. I mean, sometimes I but it's what we've anticipated Eagle Valley project within the The city will enforce the tar- just ask myself, `Gosh, where �d`N,We'vewe're nplanning a gmtten city'se owold itMsStone- SA line. • get through extension of utili- did all this farmland go?' ' 1,200-unit close mill Farms,a developinge ties,said Johnson. And 600 units a year still is a to over 1,000 units a year," development that will include Even so, the planohas some brisk pace.n Woodbury has. commercial-retail stretch in it. For one thing, the Eagan, for example, which In Woodbury's case,yneigh- housing,community and city grants "bonuses" to devel- saw its building boom from the lateboring towns growth are that ftightl regu-the space,parks and trails.Along center the opens,or extra units outside the mid-1980s to the mid-1990s, limit, for affordable housing, issued building permits for 723 north, the city of Grant has 459-acre, 1,150-unit Dmajor ancing Parcels and green space. 1988,said d units i��n,office size, whilear of enacted ae LakeeElmomum lot Waters site,and the projects that will start to fill the Parcels of less than 20 acres also 1988, are exempt. supervisor for Eagan community Met Council are wrangling over farms and fields east of Cottage City officials also stress the development.By1994,'that`nu That the city's resistanceast, Aatcn to proso t Grove Drive. "on average" part, emphasizing ber had dropped announced stay Judy in t the w ext an on area.Pro- on track for Lakeville bstill has ut 250 room to rural This its effectivelytoboxes the cityrof Woodbury and ine the new expansion growth of Woodbury in as a community Washington County schools. jests still under construction expand and expects within the old MUSA line aren't 600 to 700 housing units a year, willing to accept growth. She can be reached at subject to the limit. said David Olson, Lakeville's The housing limit hasn't jarginteanu@pioneerpress.com That can skew the percep- community and economic devel- deterred developers' interest. or(651)228-5509. Officers deny chares - : ,.y ; ; "It seems like every =:,-:•:_;=• - �"" w� time we try to build (continued) activist Clyde Bellecourt- "I'm M '; really angry." a relationship an The relationship between the , ' `'• ' the parking lot at the South °° Minneapolis housing develop- department and the Indian corn- :� incident takes place. ment,Delmonico said. munity has been a tense one Earlier this week, witnesses historically, and it was particu- Robert Clyde really angry..”told police they saw the officers larly strained 10 years ago when Olson Bellecourt leave the man on the ground in two officers were suspended for CLYDE BELLECOURT the parking lot in frigid temper- transporting two men to the Avenue earlier that night but American Indian activist atures. When they went to hospital in a squad-car trunk recall much after offi- check on him, he had urine in At a community meeting 1 his hair and on his face and Thursday afternoon at the cers picked him up. coat Franklin Avenue Safety Center, In the 3rd Precinct in South "There's already been Olson said the officers, Bellecourt urged Indians to can- Minneapolis,where a large con- whose names were not cel a planned socialedepart- cers havenworked for more lives, t an offi- a lot of damage done released, have been relieved of month withpolice . - . -- .L-`^..,....44mon+ mini Precinct Inspector a year to improve relations with regardless of what 2B M MONDAY, JANUARY 13, 2003 LOCAL NEWS W W W.TWINCITIES.COM • ST. PAUL PIONEER PRESS METRO is FAST LANE n. Road upgradegets close andpersonal - ;:rN1,Mpg up - T i . ,.....,,,,,„,., ,,, v -.V5, -Yri ,,,,i• '..'_f^e �,„+,fit x.`.^, "7;, - ,._M I One year after Jennifer front,side and back of some res- County Road 9 is a major § ,r ,^ ,�,,�G„-„� Coughlin bought her idential properties. north-south route that brings -- Y_•• '' ` a„orm:Awn "•`'... A g g P P g _ -F _ ,w, W . Andover home on Round Lake Some neighbors feel the commuters south to U.S.10.The ! . ,- - ,.w. _ _. . ....„-:,... Boulevard, she learned that highway would be a bit too close traffic volume on the road, , ' :• i�; _ -- `:,,‘" 7:•-',:'- �” Anoka County wants to expand for comfort. ' ,.4 �w ., _ which handles 18,000 vehicles aT :.<w ''�' ,� -,•T --- the road—into her front yard. County officials agree the day at 139th Avenue,is expected '�; --”' -r--=- '' ---...f,!,-By her estimation,just about highway would be closer to peo- to double over 20 years. - "-"-'"' ,, , ., ` half of her yard will be taken so ple's homes than they would "Twelve thousand(vehicles a ,.' ' sr" .; r., the countycould widen Round like. The highway would put day) is when our two-lane road- :,..-7444414--' `` .1.;.,,,&''' -< g Y :, � 4'� ; Lake/County Road 9, between about 17 properties out of corn- ways runs out of steam," said T O N I COLEMAN 1'" ` - ' 139th Avenue and 149th Avenue. pliance with the minimum set- Doug Fischer,county engineer. Pioneer Press Columnist " �. - ""•' , r - .•~���''- - - ' It would go from a two-lane back of 40 feet set by the city of Andover resident Michael SCOTT TAKUSHI,PIONEER PRESS rural road to a four-lane divided Andover, and some would have McLean thinks the project is Jennifer Coughlin and her daughter, Mariah, 6, stand in highway,replete with right-and to be bought in their entirety necessary."From where we live should take into account resi- front of their Andover home by a stick that marks-the-approxi-- left-turn lanes and a bike trail. because the highway would be north,it's growing by leaps and dents' quality of life. "All we're mate curb location of a soon-to-be-expanded Round Lake Boule- She and neighbors are learn- dangerously close. bounds. They're going to have saying is we're a neighborhood. yard/County Road 9.Coughlin estimates that about half of her yard ing that 20 feet or more of their County officials say the $4.3 to do something," said McLean, They don't want to talk about will be lost so the road can be widened.Coughlin's house is at left front yards is actually county million upgrade is necessary to whose back yard abuts Round safety,noise and speed,"Cough- and County Road 9 is at right. - right of way. In other cases, accommodate projected traffic Lake Boulevard.Left-turn lanes lin said. Parallel arterials like there's not enough county prop- growth resulting from the hous- will help ease backups that now Minnesota 47 should be upgrad- Officials are assessing what Anoka road work erty to expand the road and ing boom in northern and north- occur when a motorist attempt- ed first,she said. impact taking a certain amount install utilities, so the county western communities. For ing to turn left blocks traffic Fischer agrees Minnesota 47 of land will have on the remain- Anoka County plans to widen Ile wants to purchase or take instance, Andover's population behind him should be upgraded. But, he ing property. The county would County Road 9/Round take Blvd. through eminent domain has grown 800 to 1,000 people But Coughlin and her neigh- added, "it doesn't eliminate the purchase properties that lose four-lane from a hi hwlane y fal road to a ghhway from 139th between 10 and 30 feet from the annually during the past decade, bors say the traffic isn't heavy need to improve County Road 9. substantial value because of the Avenue to 149th Avenue. and St. Francis has added 500 enough to warrant the kind of They both need improvement." project. In cases where they're people in each of the past four or damage to their properties the "My roads have seen a lot of taking a small amount of land, ^>,4'' • - - •*:;''' -449 Ave five years,city officials said. highway would cause. The lack traffic for a lot of different rea- officials use today's market value ANOKA - � ,.. _ 1 of yard space would hinder their sons. I'm not building the roads to determine the amount they COUNTY ;"`s'''.:,,,::2,-;:::.?',.', > . ability to build on their proper- to add to growth.The growth has should reimburse the owner for , ' -',.:t.',-,1.,,,,,, 1 ties. Coughlin's back yard is already occurred,"Fischer said, the loss in property value. a, ., :< Round Lake, so she's limited in Driveway access is a casual Because there's enough pub- . st• , `"' • t4.+. YEt what she can do. ty in this project, but it would lic property in Coughlin's " Pail*`4-�"•; :`,• •`�✓"`'`, ghlins front �� � �'.�:�:='�=�`�>z:,". ''c "�� Neighbors worry that with improve safety; he said- The yard, the county needs to only r-;,', ',:.-•Y-,` ,':,:' - the highway in such close rox- fewer access pointsyou have, purchase a temporary ' "r < m4~i•�-t%.-71 ; � P P P ary ease- ,�?'�.,�-�;::-�.�.�-w•; ," unity to their homes, its only a the fewer opportunities there went — permission to use her �a.,�:; �.;n-. � BYlimiting property - f t ve:;: �.J matter of time before a car are for crashes. andduringconstruction. ..:.,tom< V �`Yr ,i; ;i - would land on their front steps. separating turn movements, "If we're not buying any 1 „, : ,.,._ , ,< With the median in the way you improve capacity and flow property there's nothingwe can � •:-....i., V�` `''C •�: