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HomeMy WebLinkAbout2010-07-07 PACKET 04.J.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 7/7/10 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving a conditional use permit to allow excavation of approximately 10,000 cubic yards of excess soil to re -grade an existing private access road between the 3M wastewater treatment facility and the East Cove area. STAFF RECOMMENDATION Adopt the resolution approving the conditional use permit for grading activities at 3M Cottage Grove. ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ® PLANNING 6/28/10 ❑ ® ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated June 30, 2010 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: Z OTHER: Excerpt from unapproved minutes of the 6/28/10 Planning Commission meeting ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: June 30, 2010 RE: 3M Cottage Grove's Conditional Use Permit Application — Private Access Drive Grading Permit ••• 3M Cottage Grove has submitted a conditional use permit application to excavate approximately 10,000 cubic yards of excess soil to re -grade an existing private access road between their wastewater treatment facility and an area known the East Cove. Construction of this access drive will also include the installation of a water line, underground electrical conduits, and two well houses. The soils excavated from this corridor will be used to establish a final grade over the D9 Site. Location Map A copy of 3M's East Cove Road Project plan is attached. TOT1*117—TIMT.If Mot The Planning Commission reviewed 3M Cottage Grove's conditional use permit application at their meeting on June 28, 2010. The applicant was present and there was no oral testimony re- Honorable Mayor, City Council, and Ryan Schroeder 3M Grading Permit — Private Access Drive to East Cove April 30, 2010 Page 2 of 3 ceived at that meeting. A letter from Neil Convery, 10861 Kingsborough Trail, was presented to the Planning Commission. Mr. Convery's concerns pertained to PFC removal at the 3M Cottage Grove site and not specifically to this application. Staff will provide background information to Mr. Convery relative to the D1, D2, and D9 clean -up sites. The Commission discussed the monitoring process for stormwater pollution prevention. The ap- plicant explained that the Stormwater Pollution Prevention Plan and permit are already in place for this project. Inspections are conducted every day and copies of the inspection reports are provided to the City Engineer on a daily basis. The Planning Commission supported the applicant's proposal and unanimously recommended approval (5 -to -0 vote) of the conditional use permit application, subject to certain conditions listed in the draft resolution. An excerpt from the Planning Commission's unapproved minutes is attached. Planning Considerations East Cove Road Project The access drive between the wastewater treatment plant and the East Cove has existed for several decades. Segments of this access drive are steep and must be re- graded to improve vehicle access to East Cove. The access drive's surface will continue to be gravel, and its pro- posed alignment will be nearly the same as before. Approximately 10,000 cubic yards of soil materials excavated from the access drive corridor will be used to finish the grade over the completed D9 clean -up site. 3M plans to award the bid next month. Construction is scheduled for completion in October 2010. A copy of the grading and erosion control plans is attached. Clean -up Sites The contaminated soils for the D1, D2, and D9 Sites have been removed and site restoration for each of these sites is almost complete. Honorable Mayor, City Council, and Ryan Schroeder 3M Grading Permit — Private Access Drive to East Cove April 30, 2010 Page 3 of 3 Tree Removal Trees that were removed in the D1, D2, D9 Sites and to be removed in the East Cove area represents approximately four percent of the wooded area east of 3M's wastewater treatment plant. Additional trees will be removed along the existing access drive to improve the roadbed and slope, and add a turn - around. The drawing below shows the location of the turnaround. Clear and Grub. Soil to be used will be used on the D9 Site. Proposed turnaround. �%' East Cove Area The existing tree mass along the river bluff will still screen this access drive from public view. The City's Tree Preservation Ordinance allows up to 30 percent tree removal without requiring tree replacement. 31VI's proposed Soil Removal Project and East Cove Road Project comply with City Tree Ordinance requirements. Future Clean -up Phases The agreements reached between 3M and MPCA call for 3M to initiate additional fieldwork on the extent of PFC contamination at this facility. This proposed project is in preparation of imple- menting the third clean -up phase in the East Cove and sandbar area south of the BNSF railroad track. 3M Cottage Grove is required to file a conditional use permit application for all future clean -up phases. Advisory Commission Comments The Public Safety Department reviewed the application and reported no concerns for the pro- posed construction as long as emergency vehicles can easily access the project site. Public Hearing Notices A public hearing was scheduled for the Planning Commission meeting on June 28, 2010. A no- tice announcing this public hearing was published in the South Washington County Bulletin on June 16, 2010. Public hearing notices were mailed on June 16, 2010 to all property owners within 500 feet of the proposed access drive corridor. V • • . • ,. That the City Council approve Ms conditional use permit application to excavate approximately 10,000 cubic yards of earth material for purposes of improving a private access drive leading to the East Cove. The conditions of approval are included in the attached draft resolution. WHEREAS, 3M has applied for a conditional use permit to excavate approximately 10,000 cubic yards of excess soil to re -grade an existing private access road between their wastewater treatment facility and an area known as the East Cove located in the southeast corner of the 3M Cottage Grove site, located on property legally described below: That part of Section 35, Township 027 North, Range 21; Cottage Grove, Washington County, MN being in the West Half of Section 35, Township 027 North, Range 21 West and lying south of the right -of -way of the Chicago, Milwaukee, & St. Paul Railway Company. WHEREAS, a public hearing notice was published in the South Washington County Bulletin on June 16, 2010; and WHEREAS, public hearing notices were mailed to 56 neighboring property owners on June 16, 2010; and WHEREAS, the Planning Commission held the public hearing at their meeting on June 28, 2010. The applicant was present at this hearing. No one spoke for or against the application. A letter was received and placed on file. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the conditional use permit to excavate approximately 10,000 cubic yards of excess soil to re -grade an existing private access road between their wastewater treatment facility and an area known as the East Cove located in the southeast corner of the 3M Cottage Grove site as proposed on the construction design documents prepared by TKDA and dated June 1, 2010, subject to the following conditions: 1. 3M must comply with the remedial actions documented in the Minnesota Decision Document made by the Minnesota Pollution Control Agency staff in approving the recommended response actions alternatives. 2. 3M will obtain all required State permits before excavation begins. 3. Temporary basins may be required as part of erosion and sediment control during excavation. The duration of the basins is dependent upon the time of excavation and re- vegetation of the site. 4. Prior to grading, all trees to be preserved must be field identified and grading limits cordoned with a suitable barrier such as fencing by the applicant. The barrier shall be located to coincide to the extent practicable with the drip line of trees to be preserved. Resolution No. 2010 -XXX Page 2 of 2 5. A conditional use permit is required for all other future clean -up sites or any grading which results in moving more than 1,000 cubic yards of material. 6. A copy of the National Pollution Discharge Elimination System (NPDES) general storm water permit from the MPCA must be given to the City. 7. 3M will provide a copy of the Stormwater Pollution Prevention Plan (SWPPP) and a copy of all the erosion control inspections to the City Engineer. Passed this 7th day of July, 2010 Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk NEIL P. CClNVERY to861 KINGSBOROU+3R TRAIL CoTTNeE GROvF, MINNESOTA 55616 TELE[�ihowa 651- 224 -4785 FACSIWLF: 651 - 459 -9540 GE GROv5 June 24, 2010 Planning Commission City of Cottage Grove 7516 - 80th Street South Cottage Grove, MN 55016 Dear Council Memhers: With respect to the conditional use permit on the clean up of PFC contamination requested by the 3M Company, we have the following comments: 1. The contamination, we believe, was cawed by 3M Company. I We have no objection to 3M Company's cleaning up their own property to remove the contamination but strenuously object to their using their property to have contaminated soil or any other material brought into our community for processing, I tare believe we aru owed an explanation of the cleanup procedure they will use and whelber it will remove the contaminates without effecting the air we breWhe or water We drink. A written response to the entire community would be appreciated Sincerely, Neil P. C:onvery NPC.ks ODWAVA ca.cn rCOQMXG. oil a WHEREAS, 3M has applied for a conditional use permit to excavate approximately 10,000 cubic yards of excess soil to re -grade an existing private access road between their wastewater treatment facility and an area known as the East Cove located in the southeast corner of the 3M Cottage Grove site, located on property legally described below: That part of Section 35, Township 027 North, Range 21; Cottage Grove, Washington County, MN being in the West Half of Section 35, Township 027 North, Range 21 West and lying south of the right -of -way of the Chicago, Milwaukee, & St. Paul Railway Company. WHEREAS, a public hearing notice was published in the South Washington County Bulletin on June 16, 2010; and WHEREAS, public hearing notices were mailed to 56 neighboring property owners on June 16, 2010; and WHEREAS, the City Council held the public hearing at their meeting on June 28, 2010. The applicant was present at this hearing. No one spoke for or against the application. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the conditional use permit to excavate approximately 10,000 cubic yards of excess soil to re -grade an existing private access road between their wastewater treatment facility and an area known as the East Cove located in the southeast corner of the 3M Cottage Grove site as proposed on the construction design documents prepared by TKDA and dated June 1, 2010, subject to the following conditions: 1. 3M must comply with the remedial actions documented in the Minnesota Decision Document made by the Minnesota Pollution Control Agency staff in approving the recommended response action alternatives. 2. 3M will obtain all required State permits before excavation begins. 3. Temporary basins may be required as part of erosion and sediment control during excavation. The duration of the basins is dependent upon the time of excavation and re- vegetation of the site. 4. Prior to grading, all trees to be preserved must be field identified and grading limits cordoned with a suitable barrier such as fencing by the applicant. The barrier shall be located to coincide to the extent practicable with the drip line of trees to be preserved. Resolution No. 2010 -XXX Page 2 of 2 5. A conditional use permit is required for all other future clean -up sites or any grading which results in moving more than 1,000 cubic yards of material. 6. A copy of the National Pollution Discharge Elimination System (NPDES) general storm water permit from the MPCA must be given to the City. 7. 3M will provide a copy of the Stormwater Pollution Prevention Plan (SWPPP) and a copy of all the erosion control inspections to the City Engineer. Passed this 7th day of July, 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON JUNE 28, 2010 6.2 3M Grading Permit —Case CUP10 -016 3M Company has applied for a conditional use permit for the excavation and grading of 10,000 cubic yards of material for purposes of improving a private access drive at the 3M Cottage Grove site, 10746 Innovation Road. McCool summarized the staff report and recommended approval subject to the conditions of approval listed in the staff report. A letter from Neil Convery, 10861 Kingsborough Trail dated June 24, 2010 was distributed to the Commission. McCool explained that Mr. Convery's letter pertains to 3M's clean -up process for PFCs and nothing pertinent to the proposed private access drive project. Staff reported that Mr. Convery will be contacted and information about the PFC clean -up work will be provided to him. Willhite asked what material will be used to restore Area D9 and if that material is contaminated with PFCs. McCool explained that the excess soil materials from the excavation work to improve the private access drive to the East Cove will be transported to and used as restoration material at the D9 site. The material from the roadway project is not contaminated with any hazards materials. Pat McGrann, representing 3M Cottage Grove stated that 9,000 — 10,000 cubic yards of material must be hauled to Site D9 to complete the restoration for that area. Instead of hauling this amount of material from some other off -site location, the excess material from the access road project will be used. The existing access drive has a 25 percent grade at the steepest segment. The proposed project will reduce this grade to approximately 12 percent to provide a safer motor vehicle access to the proposed well houses and the East Cove. Linse asked how the stormwater pollution prevention permit is monitored. McGrann explained that the SWPP permit is already in place for the proposed private access drive improvement project. The contractor that completed the hazardous waste removal for Site D1, D2, and D9 will be the same contractor for the road project. Vegetated areas disturbed during the construction process will be re- vegetated with a seed mix that will begin growing within 5 -6 days. A private contractor inspects all the erosion control and monitors surface water runoff after each rain event. Inspection reports are prepared daily and a copy is given to the City. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Linse made a motion to recommend approval of the conditional use permit, subject to the conditions listed below. R ostad seconded the motion. 1. 3M must comply with the remedial actions documented in the Minnesota Decision Document made by the Minnesota Pollution Control Agency staff in approving the recommended response action alternatives. • i t -!; •' �" 1 0 :# ^ Excerpt from Unapproved Planning Commission Minutes 3M Conditional Use Permit —Case MS10 -016 June 28, 2010 Page 2 of 2 3. Temporary basins may be required as part of erosion and sediment control during excavation. The duration of the basins is dependent upon the time of excavation and re- vegetation of the site. 4. Prior to grading, all trees to be preserved must be field identified and grading limits cordoned with a suitable barrier such as fencing by the applicant. The barrier shall be located to coincide to the extent practicable with the drip line of trees to be preserved. 5. A conditional use permit is required for all other future clean -up sites or any grading which results in moving more than 1,000 cubic yards of material. 6. A copy of the National Pollution Discharge Elimination System (NPDES) general storm water permit from the MPCA must be given to the City. 7. 3M will provide a copy of the Stormwater Pollution Prevention Plan (SWPPP) and a copy of all the erosion control inspections to the City Engineer. Motion passed unanimously (5 -to -0 vote).