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INFORMATION #1 04-30-2001tkiver 13065 Orono Parkway Elk River, MN 55330 TO: FROM: DATE: INFORMATION Memorandum MAYOR AND CITY COUNCIL STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR APRIL 30, 2001 SUBJECT: COMMERCIAL ASPHALT LOCATED IN NORTHWEST CORNER OF THE INTERSECTION OF US TRUNK HIGHWAY 169 AND 221sT AVENUE Staff has had numerous discussions with Ernest Toth regarding Commercial Asphalt's (Tiller Corporation) hot mix plant. All of these discussions were after this operation was approved through the city's conditional use permit process and built. Staff offers the following responses to Mr. Toth's comments: MAP: Mr. Toth indicated to staff that the map he received showed the proposed batch plant in the southwest corner of Tiller's site. He stated that he would have objected to the operation during conditional use permit process, if he had known the plant was being proposed in the southeast corner of the site. Attached is the only version of the map for the operation that staff used. It is conceivable that a passing glance at this map could lead you to believe the plant was proposed in the southwest corner of the site, north is not oriented to the top of the map. PULIC HEARING NOTICE: Mr. Toth indicated that he had planned on attending the City Council meeting to raise con. cerns regarding this issue, but that he only received notification of the Planning Commission meeting and not of the City Council meeting. Attached is the public hearing notice that was sent regarding Tiller's operation and a list of adjacent property owners that received it. Mr. Toth is on this list. You will note on the public hearing notice that the second sentence notices the time and place of the Council public hearing. BERM AND TREES: Tiller's conditional use permit (attached) requires a minimum of a four foot high berm be placed between their operation and Highway 169, toward the direction of Mr. Toth's property. This berm is in place, but is approximately twice as high as required. Through their conditional use permit, Tiller is also required to plant three rows of evergreens on top of the berm. To make planting the grasses easier, staff allowed Tiller to establish vegetation on the berm prior to planting the trees. Having the grass established first also helps hold the moisture for the newly transplanted trees, which are always hard to make survive on top of a berm. When Tiller took part in the realignment of 221st Ave., their berms had to be disturbed. They have reestablished the Phone: 763.441.7420 Fax: 763.441,7425 www. ci.elk- river, mn.us vegetation on the berms and the three rows of trees are scheduled to be planted this spring. , AIR EMMISSIONS AND ODOR: The conditional use permit has control mechanisms requiring Tiller to cut back on the amount of recycled asphalt they used when odor becomes an issue and even stop operations under certain weather condition (e.g. an inversion). Their air emission permit from the Minnesota Pollution Control Agency regulates particulates, opacity, etc. and requires periodic testing. The plant is equipped with a bag house. The most recent reporting on Tiller's bag house testing is attached. Also attached is an article regarding a national ecological award Tiller recently won for this particular plant. Complaints should go to Tiller first so they can adjust their operation and then to the city, only if Tiller does not respond appropriately. REVIEW OF PERMIT: There is no sunset clause on the attached conditional use permit. If warranted, the Council can direct this permit back through the process with public hearing. It would first go to the Planning Commission for review and recommendation. Staff feels Tiller's asphalt plant is well run under a strict conditional use permit and does not feel requiring an additional review is warranted. L I I? I ii I CI'II- O1;' ELI/ NOTICE OF PIIIILIC The Elk River Planning Commission will conduct a public hearing on Tuesday, July 22, 1997, at 6:30 p.m., at the Elk River City Hall, 13065 0rono Parkway, to consider a request by Tiller Corporation for a Conditional Use Permit for Mineral Excavation and Asphalt Plant. (Case No. CU 97-19) The Elk River City Council will also conduct a public hearing concerning this matter Monday, August 18, 1997, at 6 p.m., at City Hall. Legal description of the subject property is the NE ¼ of the SE ¼ of Sec. 4 Twp. 33 Range 26, lying east of railroad right-of-way except the northern 525'; And, the E ½ of the SW ¼ of Sec. 3, Twp. 33, Range 26, lying west of US 169, Except the northerly 525'; And, the W ½ of the SW ¼ of Sec. 3, Twp. 33 Range 26, Except the north 525' thereof; And, That part of the N 1121.92' of the SW ¼ of Sec. 10, Twp. 33 Range 26, Sherburne County, MN lying E of a line which begins at a point on the N line of said NW ¼ distant 965.801; thereof; thence south at a right angle 1121.92 feet; and lying W of the westerly right-of-way line of US Highway No. 169 as laid out and traveled in 1963. As part of the review process for request of this nature, we attempt to notify all property owners at least 350 feet in distance from the subject property. The tax records from the Sherburne County Auditor's Office indicated that you own property within or near the 350 foot requirement. · All interested persons are invited to attend the public hearing to express their questions and/or comments. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Sandy Thackeray, City Clerk, at 441-7420 by July 18, 1997. If you would like information regarding the above- described public hearing notice, please call Elk River City Hall at 441-4902. Stephen Rohlf, Building & Zoning Administrator s:\planning\phncu- 19.doc O' 'O Z [z. ~ : r~ CITY OF ELK RIV~C~ ........ AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION THIS AGREEMENT, made and entered into this 1997, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (City), and TILLER CORPORATION, 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 Northeast Quarter of the Southeast Quarter of Section 4, Township 33, Range 26, lying east of railroad right-of-way, except the North 525 feet thereof; and The East Half of the Southwest Quarter of Section 3, Township 33, Range 26 lying west of US Highway 169, except the North 525 feet thereof; and The West Half of the Southwest Quarter of Section 3, Township 33, Range 26, except the North 525 feet thereof; and That part of the North 1121.92 feet of the Northwest Quarter of Section 10, Township 33, Range 26 lying east of a line which begins at a point on the north line of said Northwest Quarter distant 965.801 feet east, as measured along the north line from the northwest corner thereof; thence south at a right angle 1121.92 feet; and lying west of the westerly right of way line of US highway 169 as laid out and traveled in 1963; All in Sherburne County, Minnesota. (the Property); and Page 3 Operator, which plans and materials are the basis for the City's approval of the Conditional Use Permit. (O3) 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 hcense renewal. (O4) The hcense must be renewed annually and shall run from January 1st through December 31st. The annual license fee is that which is specified by City Code at time of renewal. This license fee is not in lieu of gravel tax collected by the County and a portion of which the City receives. (05) Violations of this Conditional Use Permit may result in suspension or revocation. (06) The City Building and Zoning Administrator and/or his/her agents shall be permitted to inspect the operation for compliance with the conditions of this permit during normal hours of operation. (07) The City's approval of this Conditional Use Permit is subject to the approval of appropriate permits by other governmental agencies. (08) No explosives shall be allowed for this operation. (09) .Reclamation ao Reclamation shall be implemented on an annual basis pursuant to the reclamation plans submitted by the Operator. bo 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. Co The reclamation shall include top soil from the site being preserved and put back into place after mining. The vegetation established for the reclamation must be maintained until it is self sufficient. f:\shrdockb&z\stever\gravcup.doc (12) (13) (14) bo Water, but no chemical agents, shall be used to control dust as necessary. Co 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. do 221st Ave. from the entrance to the pit to US Trunk Highway 169 as well as the parking and drive for the hot- mix asphalt plant shall be paved. ..Hours of Operatio____~n 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 for the hot-mix asphalt plant can be extended by the Building and Zoning Administrator for special cases. .N, oise ao 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. bo Noise levels associated with this operation, shall at no time exceed State standards. Co The City reserves the right to require additional measures be taken, if warranted by noise. Air Emissions ao The MPCA air emission permits for all equipment associated with the mining and hot-mix asphalt operations shall remain current. bo A maximum of 20 % opacity is allowed for emissions from the hot-mix asphalt plant. Co Baghouse fin, es are allowed to be used in the hot-mix asphalt. do That the baghouse is inspected for leaks once per month during the construction season with the results copied to f-'\shrdockb&zkstever\gravcup.doc (19) (2O) Page 7 notification shall be followed up in writing within working days. eo 4 The appropriate storm water permits shall be obtained by the Operator from MPCA. ho Stockpiles of recyclable asphalt not be placed in surface water and run-off from these stockpiles shall be directed away from surface waters. Further, the size of the stock piles is limited to the amount of material that can be used in one year, but need not necessarily be used in one year and can be stored over winter. That the mining and hot-mix asphalt operations take place a minimum of five (5) feet above the water table. Any deviation to this requirement will require an amendment to this permit. Gravel washing operations are prohibited at this site and will require an amendment to this permit to be allowed in the future. The Operator shall have an approved hazardous waste license for this facility and properly dispose of or recycle all waste. Floor drains from maintenance facilities shall not be allowed to discharge untreated to a septic system. Signage for the gravel and asphalt hot-mix plant shall be allowed as per the I-2 zone. Further, no bill boards are allowed on the subject property. Odor Odor from the hot-mix operation must be controlledl If weather conditions make odor noticeable, the percentage of recycled asphalt must be reduced. If odor problems can not be resolved by the Operator, the Planning Commission for the City shall review the situation with a public hearing and make a recommendation to the City Council on whether or not the operation of the hot-mix asphalt plant shall be allowed to continue. f:\shrdoc\b&z\stever\gravcup.doc Page 9 (04) Waiver- Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this Agreement. (05) Notices- All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by written notice given as above: If to the City at: City of Elk River ATTN: Building and Zoning Administrator 13065 Orono Parkway ,P.O. Box 490 Elk River, Minnesota 55330-0490 If to the Operator at: Tiller Corporation Attn: Brent Schlueter PO Box 1480 Maple Grove, Minnesota-55311-6480 (06) Incorporation by Referenco,- 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 ff 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 Its: City Administrator OPERATOR: TILLEi?/;~ORPORATION ~ - G;. !~ "- . ~ BY. f:\shrdoc\b &z\stever\gravcup.doc STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Page 11 The foregoing instrument was acknowledged before me this IS~- day of 5~--~T~5~- ., 1997, by~,,~ (~vc~., the ~-e.u~- q, ce ~~f Tiller Corporation, a Minnesota corporation, on behalf of the corporation. 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 f:\shrdoc\b &z\stever\gravcup.doc r/ CAOMMERCIAL SPHALT CO. 10633 89th Avenue No. · P.O. Box 1480 Maple Grove, MN 55311-6480 Phone (612)424-5400 · Fax (612) 739-2081 April 16, 2001 Mr. Stephen Rohlf Building and Zoning Administrator City of Elk River 13065 Orono Parkway, P.O. Box 490 Elk River, MN 55330 Re: 2000 Baghouse Inspection Form Dear Mr. Rohlf: In accordance with the requirements of our Conditional Use Permit, enclosed is a copy our baghouse inspection form for the 2000 operating season at our plant in Elk River. The first day of production was April 24, and the last day was November 17. Please contact me if you have any questions regarding this information. Sincerely, Michael Caron Regulatory Compliance Coordinator Enclosures This Company is an Equal Opportunity Employer Plant 908 - Elk River Annual / Monthly Inspections. 2000 Air Emission Registration Permit Option D a= PHALT Tuned the dryer MONTHLY INSPECTIONS - This plant does not operate during January, February, March and December. ducts, connecti, nd housin interior cleanin~ment ducts, connections and housin )ected interior cleani~ment ducts, connections and housin interior cleanin e~_q_U~ment interior clea nin e.g_~LU_~ment ucts, connections and housin Iterior clea nin e_g~_q_U~m ent ducts, connections and houSin interior cleaning equipment interior cleaning equipment Any questions regarding the content of this form, how to complete the entries, or application to air emission permit Compliance contact Carnie Pederson at (612) 315-6010 File: CACCHECK 03/01/00 Serving Minnesota, North Dakota, and South Dakota October 20, 2000 ' c_: .... , ~o'~. '~' ~ '~^ Per Issue Good neighbor Commercial Asphalt Compa- ny, Elk River, Minn., was a winner in the "existing facilities" category of the National Asphalt Pavement Association's (NAPA) Ecological Awards contents. According to NAPA, winners must be leaders not only in pre- serving and protecting the natur- al environment but also in · promoting the well being of the people who work and live in their communities. Commercial As- phalt Company, NAPA noted, "demonstrated a commitment to PHILIP HRL:E; ?-:T :--;UPT S14 C I T"r' O F E L_ K F;.:"r M E: P.. F' O E:O:,-:i ,~ 5.-¢ O ELI,:.'. ~.:IUER t'-'ll".l Associated Construction Publications CMOGROUP both these principles through their safe and responsible envi- ronmental practices and through their implementation and sup- port of programs that educate the public about the hot-mix asphalt (HMA) industry." 'After operating a HMA facility at one site for 12 seasons, Com- mercial Asphalt relocated its' plant to a s. ite two miles north and closer to' an aggregate source. This reduced the amount of [tuck traffic. Judges in the NAPA con- test noted that Commercial As- phalt "carefully planned every aspect of the facility to be not only energy-efficient but also to eliminate any possible concerns by neighbors. The company im- proved the plant with environ- mental and safety, features that incorporate latest technology. It also added many energy-efficient upgrades to the 1986 drum mix plant. These included a new computerized control house, four 250-ton 'silos that replaced three 120-ton silos, and two 40,000:' gallon vertical AC tanks. A new. quality management !ab measur- ing 42 feet by 21 feet incorporates the newest technologies, includ: ing an incertation oven for use in determining AC content in mix design and a gyratory compactor for use in Superpave design." Commercial Asphalt con- tributed more than $200,000 to road improvement at the site. The improvements included new turn and acceleration lanes on U.S. Highway 169 and the lower- ing, straightening, and paving of the City of Elk River Street in front of its facility. A 12-foot-high berm shields the neighborhood from the plant's day-to-day actiV- ities. The entire property is fenced and landscaped. In Min- nesota, the plant is viewed as a model for HMA facilities elsewhere.