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9.5. SR 09-21-2020it ci Elk* River Request for Action To Item Number Mayor and City Council 9.5 Agenda Section Meeting Date Prepared by Work Session September 21, 2020 Zack Carlton, Planning Manager Item Description Reviewed by Right -of -Way Vacation: Proctor Road North of Cal Portner, City Administrator Reviewed by County Road 33 Action Requested Provide staff with direction regarding the potential vacation of Proctor Road north of County Road 33. Background/Discussion The property owners on either side of Proctor Road, Aggregate Industries and Plaisted Companies, are requesting the vacation of the public right-of-way to allow mining beneath the street. The roadway receives very little traffic beyond what the adjacent parcels require, and the actual mining of the aggregate would take place over the next few years, with mining under a portion of the road beginning next year. Staff supports the mining request but would like direction regarding the long-term plans for road network in the area. The Council should consider entering into a license agreement with the adjacent landowners to allow the mining while maintaining the right-of-way for future use. Financial Impact None Mission/Policy/Goal Council goals include responsible growth. Attachments ■ Location Map ■ Applicant's Narrative ■ Site Plans and Graphics The Elk River Vision A n elcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Hwy 10 Figure I CR 12 PR�ERER Ri [NATURE Updated. August 2020 u h -A ,f OAL 1 L' OF s" �.. "`1Sth z0stih �. foil aim Aggregate Industries E Concept Revie,\v ease No: CFI 20-04 RiVer� AGGREGATE INDUSTRIES AGGREGATE INDUSTRIES ELK RIVER SAND & GRAVEL PLANT ELK RIVER, MINNESOTA CONCEPT REVIEW August, 2020 Aggregate Industries — Elk River Plant 12001 213th Avenue NW Elk River, MN 55330 Parcel IDs: 75-109-4100 75-109-4200 75-109-4400 75-109-3400 75-116-1105 75-116-1106 75-116-1100 75-116-1200 75-116-2100 75-116-4100 75-116-4200 75-116-4400 Aggregate Industries operates its Elk River Plant to process raw material into commercial aggregates. These aggregates are then incorporated into various products and utilized for ready mix concrete and asphalt products in the construction of highways, buildings and other infrastructure projects in the Twin Cities metropolitan area. Once extracted, the aggregate is transported to the plant via conveyor, where it is crushed, washed, sorted by size and stockpiled. It is transported off site to construction sites via Highway 169. No explosives are used at this location The Company presently operates the Elk River facility under the following environmental permits: Aboveground Storage Tank License Air Permit Hazardous Waste License Spill Prevention, Control and Countermeasures Plan Storm Water Permit Water Appropriations Permit Concerns regarding the operations at this site can be directed to Tim Fenstermacher, Plant Manager, at (701) 866-4674 or Patty Bestler, Regional Manager, Environmental & Land Services, at (612) 214-8577. Aggregate Industries is committed to quality in all aspects of its mining and other business operations. This includes compatibility with its neighbors and responsible, involved corporate citizenship. Aggregate Industries maintains an "open door" policy at all times. 2020 Aggregate Industries — Elk River SG Concept Review Protect Description: Aggregate Industries is seeking approval for the permanent closure of Proctor Road which comprises approximately six acres. This closure would allow for the mining of approximately 2MT of valuable aggregate reserves which lie underneath the roadway. The proposed mining project would be a joint endeavor between Aggregate Industries and Plaisted Companies. At the present time, both companies have existing mining operations within the City of Elk River. The mining of the sand and gravel reserves in the southern portion of the proposed project area would take place in 2021by Aggregate Industries, with the northern portion being mined at a later date by Plaisted Companies. Refer to Figure 1- Proposed Proctor Road Closure & Mine -Out, which depicts the proposed phases of mining. All material processing will take place at the existing facilities operated by each respective company. Aggregate Industries and Plaisted Companies would amend their current Conditional Use Permits to include the proposed areas of Proctor Road which each company would to mine. Proctor Road is not considered a "Principal Arterial" road as defined in the City of Elk River's Comprehensive Plan, but rather a "Proposed Collector," road which is defined as a roadway which connects to a minor arterial road, in this case County Road 33. It is a two-lane rural local road with limited traffic. At the present time, there is one residence located at southern end of the road, which is owned by Aggregate Industries (Parcel ID 75-116-4400). The Company has plans to demolish the house and outbuildings and seal the wells which are located on this property in the fall of 2020, so as to facilitate mining the reserves on this property in 2021. There is also one residence located on the east side of Proctor Avenue (Parcel ID 75-115-2200 owned by John & Christina Plaisted), which is currently vacant. Refer to Figure 2 - Nei2hborin2 Properties. Preparation of Site Prior to Minim: The City of Elk River maintains overhead power lines to Aggregate Industries' facility and the above referenced residences (refer to Exhibit 3a). Center Point Energy maintains underground natural gas lines, providing service to Aggregate Industries' facility while the neighboring residences utilize propane. Aggregate Industries proposes to remove the overhead power line located along the southern portion of Proctor Road in late 2020 or early 2021. Aggregate Industries has had preliminary discussions with the City of Elk River regarding the removal of this electrical line. Electrical services would be re-routed as depicted on Exhibit 3b, as proposed by the City of Elk River. In order to mine the northern portion of Proctor Road, additional power and gas lines will also need to be relocated from their existing location. Aggregate Industries and Plaisted Companies will work with all utility providers in the re-routing of the electrical and natural gas services, as well as any other utilities. Subsequent to the re-routing of utilities, the bituminous surface of Proctor Road will be taken up, ground into fine particles of less than an inch which will used as a binder with aggregate products, and will be utilized for various road improvement projects. Post -Mining: The proposed mining project is subject to the City of Elk River's Comprehensive Plan and Gravel Mining Area Land Use, Transportation and Utilfty Plan, both of which recognize the importance of aggregate reserves and support continued mining in Elk River. The current Comprehensive Plan Chapter 5 — Land Use, Mining, states "The primary objective of this land use category is to allow the current mining use of the land and address future land use when development becomes appropriate. " The proposed project area is included in the Comprehensive Plan and is depicted as "Mining" in Figure 5-1. - Existing Use of Land and as "Development Reserve" in Figure 5-2. - Future Land Use, post mining. The preferred land use outlined in the City's Gravel Mining Area Land Use document, calls for the future use of this current mining area, as a mix of Open Space, Industrial and Commercial/Industrial . Post -mining, the property will be reclaimed in such a manner which is acceptable to the City of Elk River to facilitate the future development of this area as "Development Reserve" as outlined in the City's Comprehensive Plan or as a "mixed use" scenario. This may or may not include the replacement of Proctor Road to its present location. Aggregate Industries and Plaisted Companies will work with the City of Elk River to achieve the desired post -mining land use. AGGREGATE INDUSTRIES ELK RIVER S&G 4 Power Removal Request 2020 Elk River S&G Plant Power City Power Line Gas Line QProperty Boundary Figure 1 Proposal for Closure & Mi e r � Plant i wer 5 Af �r r' i 90.11:.Y.131J YIJ.WM M.f1.7.1171J Y - --+,•_ �T F Air Photo: 8-29-2019 0 150 300 600 900 1,200 ` Via[ g " 0. Feet Road Power Line Removal Request 2020 T 00 Figure 2 - Proctor Road Feet 200 400 800 1,200 1,6 AGGREGATE g g INDUSTRIES Surroundin Neighbors Air Photo:05-15-2018 N ----+- i ------- - -:---- ------------------ cu co N L 0) U- t 2171))AV(:�NW I� 1 y as Pr ) i, 1 'F c` R r 1 "7f - ��. to y t - I ti 0 527 Feet ® Bolton & Menk Inc- Web GIS 3/24/20207:34 AM Dt<. 2(I41HAVLNW' 20 TH_AVC-;N - Elk -.- ) River Legend j.1 City Limits Urban Service Area Parcels (1 24-2017) Park Areas Figure 3b Map Name dnv�gT pla' K enfoem m o .m3: am omke: aon , prry or Pe sieiefo zny naa�ra�i.snerem �omai��a.