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Home My WebLink About2014-02-05 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL MEETING DATE 2/5/14 PREPARED BY: Community Development ORIGINATING DEPARTMENT AGENDA ITEM # . . Jennifer Levitt STAFF AUTHOR ************************************************ COUNCIL ACTION REQUEST Consider approving an interim conditional use permit application from Aggregate Industries - MWR, Inc. for a temporary ready mix concrete plant and temporary concrete bridge casting production plant within the Nelson Mine located at 11250 Grey Cloud Trail South. STAFF RECOMMENDATION Adopt the resolution approving the Aggregate Industries' interim conditional use permit for a temporary ready mix concrete plant and temporary concrete bridge casting production plant. ADVISORY COMMISSION ACTION DATE � PLANNING 1/27/14 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ " �7:i�1�[H�Z�Z��1►�I��r.9i REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from John McCool dated 1/29/14 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: � LEGAL RECOMMENDATION: Comments from Kori Land, City Attorney � OTHER: Pavement damage cost estimates; Aggregate Industries ICUP operation plan; Aggregate Industries 2013 distribution of aggregate tax; temporary building elevations; excerpt from unapproved minutes of the Planning Commission meeting on 1/27/14 ADMINISTRATOR'S COMMENTS �E� � � _ �� ; °` ,� ,�- ` ; .r; �� ' �' - --� �' City Administrator Date ********************�****��***�**�************� COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove � Pride andQ�OSPerity Meet TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: January 29, 2014 RE: Aggregate Industries — Interim Conditional Use Permit Application — Temporary Concrete Ready Mix and Concrete Bridge Production Plant Proposal Aggregate Industries — MWR, Inc. has submitted an interim conditional use permit application for a temporary ready mix concrete plant and temporary concrete bridge casting production plant within the Nelson Mine located at 11250 Grey Cloud Trail South. The proposed interim use includes the construction of a 100-foot wide by 600-foot metal building, a concrete casting sto- rage yard occupying 20 to 25 acres of land, three cement silos, temporary ready mix plant, and mobile trailers for office/product control lab. Site preparation within the Nelson Mine for this temporary use will begin with stripping the top- soil from the outdoor storage area. The topsoil will be stockpiled within the 20 to 25 acre site and reused for reclamation once the concrete bridge casting project is completed. During the site preparation phase (winter of 2014), trucks will transport limestone from the Larson Quarry in Grey Cloud Island Township. This material will be spread over the outdoor storage area, tempo- rary production building site, and internal access roads. A barge slip is proposed to be exca- vated northwest of the Nelson Mine sand and aggregate processing plant. This proposed slip will be approximately 60 feet by 220 feet long with nine feet of water depth. The purpose of this temporary concrete bridge casting production plant is to manufacture con- crete castings of bridge components that will be used in constructing the bridge across the St. Croix River near Stillwater, Minnesota. Once the bridge castings have cured, they will be loaded on barges and transported to the construction site downstream via the Mississippi River and up- stream on the St. Croix River. This bridge construction project is scheduled to be completed in 2016. If there are no delays in this project, the temporary ready mix plant and bridge casting facility will be removed before December 31, 2016. Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 2 of 14 Location Map A copy of Aggregate Industries interim conditional use permit dated January 2014 is attached. Review Process Application Received: December 31, 2013 Acceptance of Completed Application: January 8, 2014 60-Day Review Deadline: March 8, 2014 Planning Commission Review The Planning Commission held a public hearing on January 27, 2014 for the interim conditional use permit application. Staff summarized the proposed interim use to the Planning Commission. Bob Bieraugel, representing Aggregate Industries commented on the following recommenda- tions and requested that the Planning Commission to make the following changes: • That the topsoil be re-spread and grass seeding deadline referenced in Condition No. 1 of the planning staff report be changed from December 31, 2016 to August 1, 2017. -Bieraugel explained that if the removal of the temporary building and other structures occurs late in the fall of 2016, there will be no time to re-grade and seed the site before the winter season. For this reason, Bieraugel suggested an August 2017 deadline for site grading and seeding be considered. • Bieraugel objected to Condition No. 3 requiring payment to the city in lieu of taxes for the additional amount of truck traffic proposed for site preparation and the production of concrete bridge sections. Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 3 of 14 • A tree inventory required in Condition No. 10 is not necessary for the 20 to 25 acre site be- cause the area was previously a pasture. Aggregate Industries never planted trees in that area and the existing trees are primarily Chinese elm and red cedar volunteer trees that have grown over the past three decades. Bieraugel suggested that the oak savannah recla- mation plan as presented to the City in 2010 for their annual mining permit continue to be implemented. • That a performance bond be posted as the financial guarantee instead of the recommended letter of credit in Condition No. 12. • That conditions No. 18 and 19 be deleted because the proposed grading plan effectively contains surFace water runoff internal to the site. The pre-treatment of runoff is not necessary because the rainwater will infiltrate into the sandy ground. The Planning Commission agreed to modify the site reclamation deadline from December 31, 2016 to August 1, 2017 and allowed for the applicant to post a performance bond in Condition No. 12. No other changes were made as requested by the applicant. The Planning Commission expressed concerns for the 80 to 100 truck trips per day traveling on local roads during the site preparation phase (approximately one month) and the approximate ten truck trips per day for the delivery of cement and steel. The applicant acknowledged the road weight limit requirements. The Planning Commission supported Condition No. 3, but did not attempt to "negotiate" the terms for payment in lieu of taxes for this interim conditional use permit. The Planning Commission recognized that the proposed temporary use will adversely impact certain city streets and based on the conditional use permit and interim conditional use permit criteria will significantly be greater than the average daily traffic volume and number of truck trips per day traveling on those streets during the interim period for the proposed temporary concrete ready mix plant and concrete bridge production plant uses. The City Engineer recommended that Aggregate Industries pay to the City $146,375.88. This amount was calculated by taking the amount of truck traveled miles on major and minor arterial streets times the number of one-way trips per day for site preparation (one-month hauling) and material deliveries (two years) times the cost per mile. The one-month site preparation cost is $36,592.12 and the monthly cost for a two-year period is $4,577.17 for a$109,852.08 total. A copy of the City Engineer's cost estimates is attached. The Planning Commission recommended (5-to-1 vote) to the City Council the approval of Aggregate Industries' proposed interim conditional use permit application, subject to the condi- tions in the planning staff report with the inclusion of the modifications shown below. Condition No. 21 was added as recommended by the City Attorney. 1. The interim conditional use permit as described in proposed operation plan date January 2014 shall terminate on December 31, 2016. Prior to December 31, 2016, all temporary structures, bulk storage facilities, mobile trailers, concrete ready mix plant, and concrete pumps used for the temporary concrete ready mix and concrete casting production plant shall be removed from the property. Site restoration for the 20 to 25 acres and all areas disturbed for the interim conditional use "r,�9��E�+��+��o��o�� +omr�nr�+r�i Eenc��t�-�n�,�„ m;� °n,, �er�c-��e-Ea�E • �°„+ shall be re-graded to its original grade elevations, the topsoil spread back over the area which was stripped, and the entire Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 4 of 14 20 to 25 acre site seeded with appropriate native seed mix. o�+o ro�+�r�+,,,h m� �c+ ho ,,,,,�, �le�e� before BeEepabe��'z8a-6 Auaust 1. 2017. - .�� - - ` - - - ' ! -- - - .. . - - -••- - - - - - � � � � r � � � � 1 I � � � � .• � �. • � � • . �' • � �r� � i � •.• � � • ' • � • � � � • � . � • ' � • • . ' • ' . � • . • 12. A�°#°r ^f ^r°,�;+ perFormance bond in the minimum amount of $250,000 for the removal of the temporary metal building, site restoration (grading and seeding), ready mix plant, concrete pumps, cement silos, mobile trailers and all other ancillary structures and equipment asso- ciated with the temporary concrete ready mix and concrete bridge casting production plant must be submitted to the City before any work begins or permits issued for the proposed interim use. 21. The aaplicant aarees to these conditions that the aovernina bodv deemed aaproariate for permission of the interim use. The conditions approving the interim conditional use permit as recommended by the Planning Commission and City Attorney were included in the attached draft resolution. The applicant is required to sign the interim conditional use permit showing their agreement to the conditions ap- proving the interim conditional use permit. An excerpt from the Planning Commission's unap- proved minutes for their meeting on January 27, 2014 is attached. Staff met with Bob Bieraugel on January 28 to discuss the City's formula in calculating the fee for the additional truck traffic and the City's ability to mitigate adverse impacts to designated trucking routes for truck traffic associated with this interim use. Mr. Bieraugel provided docu- mentation that the City's share of the aggregate tax paid to Washington County in 2013 by Aggregate Industries amounted to $23,561.64. A copy of this 2013 aggregate tax tally is attached. This payment is based on 1,016 tons of aggregate materials that were hauled by ap- proximately 68 large truck trips in 2013. Mr. Bieraugel also reported that $81,481.00 was the City's share of the $256,622.00 property tax they paid last year and stated that their mining operation does not require any city utilities services. Bieraugel requested that one-half of the one-way truck trips per day used in calculating the payment in lieu of taxes not be used in the formula because the trucks will be empty and reduce the number of hauling months from 24 to a 16- period (May 2014 to September 2015). Based on the estimated number of empty truck trips per day, staff agreed to consider reducing the 200 one-way truck trips per day for site preparation (one month) to 100. This reduced the cost from $36,592.12 to $18,296.06. Staff also agreed to calculate the 20 truck trips per day for cement and steel deliveries for a 16-month period instead of 24 months because hauling will not start until May 2014 and end around September 2016. The result of this calculation reduces the road maintenance fee from $146,375.88 to $91,530.78. As a side note, the City spent approximately $1,164,935 between 2006 and 2011 to improve the Grey Cloud Road causeway and Grey Cloud bridge. Payments of these improvements were not Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 5 of 14 assessed nor were any fees collected from adjoining property owners. Aggregate Industries benefitted from these improvements. As part of the IMTF policies, for any roadway improve- ments to the proposed truck hauling routes described by the applicant, a percentage of the total cost to improve these roads will be assessed to adjoining property owners. If the roadway im- provement does not abut the Nelson Mine property, then the Nelson Mine property owner might not financially contribute to the cost to repair roadways that their trucks travel on. This project will potentially have a detrimental impact to the City's maintenance of these roadways and at a public cost. A copy of the cost estimates repairing the segments of roadways that will be used to haul limestone from the Larson Quarry and the haul route for delivery of cement and steel to the Nelson Mine from Highway 61 is attached. A copy of the City Attorney's legal opinion regarding the legal justification for the road maintenance fee is attached. Ordinance Requirements The property is zoned I-4, Commercial Excavation. The Zoning Ordinance for the proposed temporary concrete ready mix and concrete bridge casting plant are not specifically identified as allowed uses within this zoning classification, but the interim conditional use section of the City Code does permit the City Council to consider interim uses if certain criteria are met. The interim conditional use permit section of the Zoning Ordinance does identify temporary structures, stockpiling of materials, and blacktop or crushing plants for roadway materials as potential inte- rim uses. Issuance of an interim conditional use permit is based on certain criteria listed in the conditional use (Title 11, Chapter 2, Section 9(F)) and interim conditional use permit (Title 11, Chapter 2, Section 10(B)) sections of the Zoning Ordinance. The City Council shall find that the applicant has addressed all the criteria in both sections of the Code. The criteria are as follows: Conditional Use Permit Criteria (11-2-9F) 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential surround- ing land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the transportation element of the Comprehensive Plan. The use shall not create traffic conges- tion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 6 of 14 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic features into the development design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. 11. In the case of flood plain applications, the following items shall be considered in addition to the aforementioned criteria: a. The danger to life and property due to increased flood heights or velocities caused by encroachments; b. The danger that materials may be swept onto other lands or downstream to the injury of others or that they may block bridges, culverts or other hydraulic structures; c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions; d. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner; e. The requirements of the facility for a water front location; f. The availability of alternative locations not subject to flooding for the proposed use; g. The compatibility of the proposed use with existing flood plain development and flood plain development anticipated in the foreseeable future; h. The relationship of the proposed use to the Comprehensive Plan and flood plain management program for the area; The safety of access to the property in times of flood for ordinary and emergency vehicles; The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and k. Such other factors which are relevant to the purposes of locating the proposed use in the flood plain. Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 7 of 14 Interim Conditional Use Permit Criteria (11- 2-108) 1 2 3 4 5 6 The period of time for which the interim conditional use permit is to be granted will terminate before any adverse effects are felt upon adjacent property. There shall be adequate assurance that the property will be left in suitable condition after the use is terminated. The use conforms to the zoning regulations. The date or event that will terminate the use can be identified with certainty. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The user agrees to any conditions that the governing body deems appropriate for permis- sion of the use. Background Sand and gravel have been mined from the Nelson Mine site since the early 1950's. Aggregate In- dustries has projected that sand and gravel resources could be mined for another 25 to 40 years based on market trends, geologic variations, and the future ability to mine in the Mississippi River backwaters. An aerial photo of the west half of Lower Grey Cloud Island shows the mining and ag- gregate processing activities in 1964, which is located in the same proximity of the proposed temporary concrete ready mix and concrete bridge casting site. Proposed Outdoor Storage Yard and Temporary Production Building Proposed Barge Slip Existing Aggregate ! L�-I � UB.�:. � � `�' � � y " I �-.. �v � . � I � , � t f::�. ' 2 �:� I ; �� _ �� . :� f � - ., j . r. , � rR; , ,.. , , i rY,4-�� ; , «. - _ • ,.,;::,,: . .. .,: _ -��__ . �� 19G9 ��. �.ir. � a3�� . ,� F . , # �; �1i � � . � , , �, � � ;+�� ; tr�:,�r.�.� �.�, _ A ��. : r. � 1 T . �•!� I ��; I.�t r ..��,.�� t �,- .l` r .:" ..`,{ +,, :;r:��'�' , i� ��.C,': � � � �:z!`' •`c=i�. .,,a�. h �. �� %:_ ,: � •';�kr. „ : -•:4', •Y!.'.- .. . . � 71�. Industries Processing Plant � �` � � � �� _ �,; { � . ' ` r .. � `r r ! r � A 3 � , �� TT. �4�. � � S � , - - .. ti:. . , i � 1 �'. - . � . 1 �' :��._`. � ' . . : f ._' � �j � �'� i . _ . � t • rr 4 i� � � �I � � /�� ( A°+�.;� � y� � t� S � u '�(�. i(. r � .� .; �' � � � f E `� i ;: = i�P f ' . --� � _ �. ,� �i'{ --�� x - �� l✓� � • ' , ' � �` k�' �!.:. r ' r . . . �„� i .c � t "1 �-- -� 4 � �,' �_ •-�- �f�. f � - �e" r � c..� - _ ti :. - .. •� ' _ ;' - � Lr� � 1964 Aerial Photo — West Half of Lower Grey Cloud Island Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 8 of 14 Lunda Construction Co. is the contractor constructing the new bridge across the St. Croix River, southeast of Stillwater. Lunda Construction is working with the landowner (PAS Associates, Ltd.) and Aggregate Industries — MWR, Inc. to develop a temporary construction site at the Nelson Mine on Lower Grey Cloud Island to manufacture concrete bridge components during the two years it will take to complete the bridge project. Sand and aggregate materials excavated from the Nelson Mine will be used in manufacturing the concrete bridge sections. Once the concrete bridge sec- tions have cured, the concrete components will be loaded onto barges at the Nelson Mine site and barged down the Mississippi River and up the St. Croix River to the construction site. Planning Considerations Site Preparation Site preparation will require the removal of trees and brush from a 20 to 25 acre area in the northwest corner of the Nelson Mine site. An inventory of the trees proposed to be removed was not submitted with the application. The applicant reported that most of the trees are Chinese elm and red cedar. The ground vegetation is predominately brome grasses. The vegetation and top- soil will be scrapped and stockpiled on the site for re-spreading over the disturbed area once the temporary use is no longer needed. The reclaimed grades will be similar to the original grades once the temporary uses cease operations. The site preparation and building construction is scheduled to begin in February-March 2014. During the site preparation phase, trucks will haul limestone from the Larson Quarry facility in Grey Cloud Island Township to the plant site. These trucks will travel north on County 75 to Grey Cloud Trail, then southerly to the Nelson Mine facility at 11250 Grey Cloud Trail South. Truck traffic will average approximately 80 to 100 trips per day during the approximate one month site preparation phase. The limestone from the Larson Quarry will be used for the tempo- rary production plant building's footprint and the access aisles for the various outdoor storage areas. This limestone material will be compacted to provide a stable surface for vehicles and heavy equipment. The storage area surface will be the existing sand sub-base. Approximately ten truck trips per day will deliver steel and cement to the production site once the site is graded and the building is erected. Site Plan The 20 to 25 acre site is located north of the Nelson Mine sand and aggregate processing plant, which is near the northwest corner of the Nelson Mine property. The proposed 60-foot by 220- foot barge slip will have a water depth of nine feet and is located in the southwest corner of the proposed outdoor storage area. Approximately 10,000 cubic yards of material must be exca- vated to create this proposed barge slip. The excavated material will be stockpiled on the out- door storage area and used in the restoration of the site once this facility is no longer needed. The proposed temporary 100-foot by 600-foot concrete casting building, aggregate feed system, central mixer, and three cement silos are located in the southeast corner of the 20 to 25 acre site. The highest point of the plant will be the bag-house at the top of the cement silos, which is approximately 65 feet. Sand and gravel to produce the cement mixes will be obtained from the Nelson Mine site. Vehicle access to the temporary concrete ready mix and concrete bridge casting production plant will be the existing private access road currently used for the Nelson Mine operations. The Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 9 of 14 proposed barge slip will enable a tandem crane to extend over the barge for easy placement of concrete bridge sections on the barge. A copy of the site plan is shown below. : t S +'"� r.' . � v rr.4 � a?� �Y � � M � r ��. � '�- ,y� f` r f � 'd � � / \ li - i - i � . .�. ;� \ � �, _ - �`�..�.` �t ;,� �.�,- ~ � ' R� �_i * �R �r-�¢. '+! . . f�' —..` - °F� f - _ � -- _ � -- � vr._ �-�,,,.s�,•. - .. -_ ;- Temporary Concrete Production Facility Site Plan � • I � � . . , �� -P��k �1 �.�� . � W � • , i . r� � ,CU��cfete;F',unip6� J�IE' I1(,'�'.F$S (�[\3d �+��y-� =� idy h�(x P,-Itiit �� ' ti � � 'F - � ' �l ._ t �, : \ . �. -- � , . '` '��,�" . �� . ; ' I M Temporary Concrete Casting Plant The temporary 100-foot by 600-foot metal building will be used for the production of concrete bridge components and maintaining the concrete castings in a batch control room until they have cured enough to be moved to the outdoor storage area. The building floor elevation will be at an elevation of approximately 704. This is above the 700-foot flood elevation established in the City Code. The building height is 40 feet. All the steel work, form construction, and casting work will take place inside the building. The building's exterior walls and roof will be a galva- nized metal material. A 20-ton bridge crane will be erected inside the building with the capability of being used anywhere within the 100-foot by 600-foot building. The project requires the production of approximately 650 concrete bridge sections. Casting of these concrete bridge sections will begin May 2014 and continue through the 2015 construction season. The casting work will be conducted during normal business hours. Approximately 65-80 workers will be employed at this production facility. A diesel powered mobile crane will be used to move the concrete bridge sections. The cured sections will be transported via river barges to the bridge construction site beginning in August or September 2014. Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 10 of 14 Three concrete pumps and the concrete ready mix plant will be on the south side of the con- crete production plant building. Mobile trailers will be placed near the ready mix concrete plant and used as a quality control lab. The building elevations are shown below: �%, ��;�.� ..� t.�:..,�� .�,, � __ .,_ � ,� � � �. �...� � �- �_ �� _ , � J � , _. � � _ _»a .� _iv _ �� .il='� � _'�e ,-�� '�.�.�_�:��v��;, __ ....� ��. �r�� `" u�.��°�,�t�� ` =-. .�,.�_��„ u��.� v ; .-�a �rrs.tY�� _. ro �..�, _ �. � �,, Building Elevations Surface Water Drainage The proposed outdoor storage area will be relatively flat. The majority of the site will be graded so that any excess water that does not infiltrate into the sandy ground will drain to the northeast cor- ner of the 20 to 25 acre outdoor storage area. The westerly 25 percent of the site will slope toward the proposed barge slip. Aggregate Industries will take appropriate measures to ensure there is no erosion from the topsoil berms along the north and east boundaries of the outdoor storage area. The ground elevation for the outdoor storage area will be above the 700-foot flood elevation. There are no intermittent streams, swales, or wetlands within this proposed area. Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 11 of 14 A copy of the grading plan showing the proposed grades on the 20 to 25 acre storage area is shown below. ' �-_� + p1 [ J 9ermCrossSecton(natto;cale} _ iPS /�----��.�� . .. _ � � _� 'i �` � ��/'�=z � ��_ �� S � �5-10 5i2Fer:e � .,� - .. 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P 5s ix+�� ri .,, ♦ �� -,� , � ' v i rv < e� ..�� \,.. \ . / ,'�� / � G�1 l.� � � � , ,- , � � ' ' � � `��- _� .,.)'h IiPC n! j_�X r �. TGi � I� _ . ._ � ,`��` �� r / � \ �.� rcr:h IIn.= � �e_th; - :c�� I_r6 � i �i i l �. .. 1� .. �. , 1. - 1 \ � s! � ��'�` �� , � � � .. � ♦ � _ i Bring back concrete �'� �.,�. ` _ _ Temporary auiiding ` ^ � � lay down area � �. `'��- _ �\,�^�..� - r,�;si�er ifiltratio�� 'i 'i � �e-� — . 1 � '� - : � _ � ^ • ` _ � � l �.�- _ into��iislingactiYe,ere�s e _ , , r — '� �' ,_ +�, �� ; I :- ' ,; I ,� .: ..v._�i•`-`` .t.�•_ s�s ... .. Future concrete rubble �} � � ``'"` � � t '�� . Portatrle Heady f _ f LL . r �C nc� !_ �l ., , - 5 0:< � « _.. _ �. . _ Mix Plant - - —' } and limestane base �� `;� „ ��•, ( } �p �� r r N . �� ti � stackpiles ,' � �`w-.' `��', �` � `�kf ti ,, ,��' �` � __ j — - �� f�.. � 1 }� i � 1 _ �, ti ♦` v � t n yrr. �� F � i �� },�" 7 �. � ��a� tr�� s., G' -- 4 � :I..vd'-� r\ � Y : � � � r�..,,.?�,-r . r l l . ` �7 a4 . ` .. 'r:L� q �� .� . . .-- ' � ` " , '` _�� ,��, 1,} .G „ ,' �., . J —= StormwaterFlowiines O �'r_ � �` __��^-- __ ____�' /' �-'j-->x�':. :\ y Y� � �� <:% ~� : c.� _-.-� T� ' . . . �"`:.� �? � Proposed Site Grading/Site Plan Barge Slip and Dredge Spoils The barge slip will be approximately 60 feet wide by 220 feet long with nine feet of water depth. The total excavation will be approximately 10,000 cubic yards. This material along with the dredge material that will be removed as part of Aggregate Industries' Nelson Mine routine dock maintenance will be hauled to the interior of the mine site and used in upland reclamation. Dredging the proposed barge slip loading area to nine feet will be completed before the barge slip is constructed. The applicant has discussed the proposed barge slip with the Minnesota Department of Trans- portation, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and the U.S. Army Corps of Engineers. These State and Federal agencies will continue to re- view and work with the applicant to insure all necessary permits for this project are issued before any work begins. The barge slip will remain once the temporary concrete ready mix and concrete bridge casting production plant vacate the site. The location of this barge slip is in close proximity to the future Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 12 of 14 marina proposed on the Harbor Island concept plan for the future development on Lower Grey Cloud Island. This concept plan has not been approved by the City. Truck Traffic Site preparation will begin in February 2014, subject to City approval of the interim conditional use permit. Once the trees are cleared and topsoil stripped from the 20 to 25 acre production and sto- rage area, approximately 80 to 100 truck trips from the Larson Quarry facility in Grey Cloud Island Township to the Nelson Mine on Lower Grey Cloud Island will deliver limestone. Hauling the limestone will take approximately one month. The distance from the Larson Quarry entrance via Grey Cloud Island Drive (County Road 75) to Grey Cloud Trail to the Nelson Mine main entrance is approximately four miles. The distance from the Nelson Mine main entrance to the proposed tem- porary concrete production site is approximately one mile. The four-mile public road segment has a five-ton weight limit. On a daily basis during the casting of the bridge sections, approximately ten truck trips per day will deliver steel and cement to the production site. These vehicles will travel via U.S. Highway 61, Jamaica Avenue, 100th Street, Hadley Avenue, 103rd Street, and Grey Cloud Trail. Jamaica Ave- nue and 100th Street between Jamaica Avenue and Hemingway Avenue have a nine-ton weight restriction. The section of 100th Street between Hemingway Avenue and Hadley Avenue has a six- ton weight restriction. Hadley Avenue, 103rd Street, and Grey Cloud Trail have a five-ton weight limit. The illustration below shows the proposed truck routes and Spring road weight limitations on the public roadways. The City possesses certain regulatory authority over the site, including, but not limited to zoning authority. The proposed construction and use of temporary structures and operation of a temporary Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 13 of 14 concrete ready mix and concrete bridge section production plant requires an interim conditional use permit. The interim conditional use permit contains conditions, one of which will be the pay- ment of a host community fee during the term of the interim conditional use permit, because the proposed interim use will cause direct and indirect impacts on the City's infrastructure in the vicinity of the site and ongoing direct and indirect costs associated with the presence and use of the inte- rim use and associated facilities that will not be compensated by property taxes. As a condition of approval of the applicant's interim conditional use permit, the applicant must agree to pay to the City $91,530.78. Condition No. 3 that was presented to the Planning Commis- sion was modified as recommended by the City Attorney. Aggregate Industry's Annual Mining Permit— Nelson Mine The proposed temporary concrete mixing and concrete casting plant is located within the Nelson Mine site. The proposed ready mix plant, temporary casting plant building, outdoor concrete sto- rage yard, and proposed barge slip will be located north of the existing Nelson Mine processing plant for sand and aggregate materials. Please refer to the planning staff report (Planning Case No. MP2014-001) for more details about the Nelson Mine annual mining permit. Meeting Notices A public hearing notice was mailed to 23 property owners who are within a half-mile of the mine. These notices were mailed on January 16, 2014. The public hearing notice was also published in the January 16, 2014, edition of the South Washington County Bulletin. City Department Review The interim conditional use permit application filed by Aggregate Industries MWR, Inc. for a temporary concrete ready mix and concrete casting production plant was distributed to other City departments. The Public Works Department expressed concerns for the proposed number of truckloads driving on Grey Cloud Trail, 100th Street, Hadley Avenue, and 103rd Street. These roadways are considered local streets and were not constructed to accommodate extensive volumes of heavy truck traffic. No comments or recommendations were received from other City departments or advisory commissions. Conditional Use and Interim Conditional Use Criteria The proposed interim use is considered to be consistent with the Nelson Mine operations, and the temporary use is located and designed to be compatible with the character of the surround- ing properties. Operations of the temporary concrete ready-mix and concrete bridge casting plant should not be detrimental or disturbing to present land uses due to noises, smoke, dust, vibration, general sightlessness, or other nuisances. The use should not cause any adverse en- vironmental effects and not adversely affect adjacent vacant land. The flood plain is not im- pacted and will not increase flood elevations or river flowage velocities. Appropriate water supply and sanitation systems will be provided onsite. The period of time for which the interim conditional use permit is proposed will terminate before any adverse impacts would occur to adjacent properties. As a condition of approval, adequate assurances that the property will be left in suitable condi- tions after the use is terminated is recommended. This assurance is recommended to be in the Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Interim Conditional Use Permit January 29, 2014 Page 14 of 14 form of a letter of credit or cash escrow with the City. The amount of the financial guarantee must be enough to cover the removal of all structures constructed for the temporary concrete ready mix plant and all ancillary structures and equipment, except for the barge slip. The termi- nation date for this interim use is declared as December 31, 2016. Concern has been identified for the number of trucks driven on public local roads from the Larson Quarry and Highway 61. The proposed use will generate enough heavy truck loads on local streets that may adversely impact existing road surfaces. One of the conditional use permit criteria is that the use shall not create excessive additional requirements at public cost for public facilities and shall not be detrimental to the economic welfare of the City. If the roads must be repaired, it cannot be solely at the public's expense or detrimental to the economic welfare of the City. For this reason and as a condition of approval of the applicant's interim conditional use permit, the applicant must agree to pay $91,530.78 to the City of Cottage Grove. Recommendations That the City Council accepts the Planning Commission's recommendations approving the inte- rim conditional use permit application by Aggregate Industry, MWR, Inc.'s interim conditional use permit for the temporary concrete ready mix and temporary concrete bridge casting production plant as described in their operation plan dated January 2014. This recommendation approving the interim conditional use permit is subject to the conditions recommended by the Planning Commission and as modified by the City Attorney. Enclosures: Draft Resolution Kori Land's Legal Opinion 1/29/14 Pavement Damage Cost Estimates (5 pages 1/17/14) Aggregate Industries ICUP Operation Plan (January 2014) Aggregate Industries 2013 Distribution of Aggregate Tax Temporary Building Elevations Excerpt of Planning Commission's Unimproved Minutes (1/27/14) RESOLUTION NO. 2014-XXX A RESOLUTION APPROVING AN INTERIM CONDITIONAL USE PERMIT FOR A TEMPORARY CEMENT READY MIX AND CONCRETE BRIDGE PRODUCITON PLANT LOCATED WITHIN THE NELSON MINE SITE AT 11250 GREY CLOUD TRAIL WHEREAS, Aggregate Industries - MWR, Inc. has submitted an interim conditional use permit application for a temporary ready mix concrete plant and temporary concrete bridge casting production plant within the Nelson Mine located at 11250 Grey Cloud Trail South. The proposed interim use includes the construction of a 100-foot wide by 600-foot metal building, a concrete casting storage yard occupying 20 to 25 acres of land, three cement silos, temporary ready mix plant, and mobile trailers for office/product control lab. The property is legally described as follows NE �/, SE ��4� Section 31, Township 27, Range 21, South along Grey Cloud Trail W'/2, SE �/4, Section 31, Township 27, Range 21 E �/, NE �/, NW �/4, Section 31, Township 27, Range 21 South along Grey Cloud Trail W%, NE ��4� NW'/, Section 31, Township 27, Range 21 South along Grey Cloud Trail NW �/, NW'/4, Section 31, Township 27, Range 21 S �/2, NW �/, Section 31, Township 27, Range 21 E �/2, SW'/4, Section 31, Township 27, Range 21 Lot 1, Section 31, Township 27, Range 21 N%2, NE �/4, Section 36, Township 27, Range 22 S%, NE'/4, Section 36, Township 27, Range 22 N �/2, SE �/, Section 36, Township 27, Range 22 Lot 2, Section 36, Township 27, Range 22 Lot 3, Section 36, Township 27, Range 22 SE �/4, SW'/, Section 25, Township 27, Range 22 NE'/4, NW'/4, Section 36, Township 27, Range 22 S �/2, NW �/, Section 36, Township 27, Range 22 NW �/4, SW'/4, Section 36, Township 27, Range 22 N �/2, SW �/4, SW �/, Section 25, Township 27, Range 22 S'/, SW'/4, SW'/4, Section 25, Township 27, Range 22 NW �/4, NW �/4, Section 36, Township 27, Range 22 NW �/4, SW �/, Section 36, Township 27, Range 22 N �/2, NE �/, Section 35, Township 27, Range 22 S°/2, NE ��4� Section 35, Township 27, Range 22 SE �/4, SE'/4, Section 26, Township 27, Range 22 Lot 5, Section 35, Township 27, Range 22 Lot 3, Section 6, Township 26, Range 21 Lot 2, Section 6, Township 26, Range 21 Lot 1, Section 6, Township 26, Range 21 N%2, NW �/4, Section 5, Township 26, Range 21 Resolution No. 2014-XXX Page 2 of 5 Lot 4, Section 5, Township 26, Range 21 Lot 3, Section 5, Township 26, Range 21 N �/, NE �/, Section 5, Township 26, Range 21 Lot 2, Section 5, Township 26, Range 21 Lot 1, Section 5, Township 26, Range 21 Lot 1, Section 4, Township 26, Range 21 NE'/, SW'/, Section 36, Township 27, Range 22 Lot 5, Section 35, Township 27, Range 22 WHEREAS, public hearing notices were mailed to property owners within one-half mile of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, a planning staff report, which detailed specific information on the property and the interim conditional use permit application was prepared and presented to the Planning Commission; and WHEREAS, the Planning Commission held a public hearing on January 27, 2014; and WHEREAS, the public hearing was open for public testimony. The applicant attended the public hearing. No written or oral testimony was received; and WHEREAS, the Planning Commission recommended (5-to-1 vote) that the City Council approve Aggregate Industries' interim conditional use permit application, subject to the conditions listed below. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves Aggregate Industries' interim conditional use permit application for a temporary ready mix concrete plant, temporary concrete bridge casting production plant, the construction of a 100-foot wide by 600-foot metal building, a concrete casting storage yard occupying 20 to 25 acres of land, three cement silos, barge slip, tempo- rary ready mix plant, and mobile trailers for office/product control lab as described in their January 2014 plan on property located at 11250 Grey Cloud Trail and as legally described above, subject to the following conditions: The interim conditional use permit as described in proposed operation plan dated January 2014 shall terminate on December 31, 2016. Prior to December 31, 2016, all temporary structures, bulk storage facilities, mobile trailer, concrete ready mix plant, and concrete pumps used for the temporary concrete ready mix and concrete casting production plant shall be removed from the property. Site restoration for the 20 to 25 acres and all area disturbed for the interim conditional uses shall be re-graded to its original grade elevations, the topsoil spread back over the area which was stripped, and the entire 20 to 25 acre site seeded with appropriate native seed mix must be completed before August 1, 2017. Resolution No. 2014-XXX Page 3 of 5 2. The barge slip is allowed to remain, subject to the approvals by Mn/DOT, MPCA, Mn/DNR and the U.S. Army Corps of Engineers. 3. , . , . A plicant and Citv aaree that the actual road maintenance fee amount of $91.530.78 based uaon the Pavement Damaae Cost Estimation dated Januarv 17, 2014. Aaplicant and Citv aaree that the actual road maintenance fee mav be adiusted based on the applicant's abilitv to move material for this iob bv barae, therebv reducina the truck trip count in the Pavement Damaae Cost Estimation. Aaareaate Industries aarees to arovide a letter to the Citv aareeina to the road maintenance fee once the aavment amount is mutuallv aareed to between Aaareaate Industries and Citv of Cottaae Grove. A buildina aermit will not be issued until the Citv receives the letter from Aaareaate Industries. 4. The applicant is responsible for removing any materials that may have spilled onto any public roadway. This material shall be cleaned up immediately. 5. Bituminous/asphalt, concrete, being buried on the premises concrete ready mix plant site. and street sweeping materials are prohibited from or delivered to and stockpiled on the temporary 6. All dust control and collection devices must be installed to control dust and ce- ment emissions where cement is transferred to the silos and at the truck loading areas. The application of water and chloride to the internal access roads must be applied when necessary. 7. The applicant may operate the temporary concrete ready mix and concrete bridge casting production plant the same operation hours as approved for the Nelson Mine. Presently, City approval of the Nelson Mine permits operations 24- hour a day and seven days a week. If any operation within the Nelson Mine causes noises that disturb any neighboring property owners, the applicant agrees to voluntarily cease operation during night-time hours until such time the noise source is identified and appropriate corrections are made. 8. Aggregate Industries must install erosion control devices at the base of any slope where erosion is evident. A drainage swale must be constructed at the base of any eroding slope to control run-off and divert it to a sedimentation basin before entering any natural drainage system. Erosion control measures must be imple- mented within a reasonable amount of time. 9. The applicant is responsible for obtaining all state and federal permits relating to the concrete ready mix, concrete bridge casting production plant, barge slip, and channel dredging/maintenance operations for the interim concrete ready mix and concrete bridge casting production plant on the Nelson Mine site. Resolution No. 2014-XXX Page 4 of 5 10. A tree inventory for the 20 to 25 acre site must be completed and submitted to the City before tree removal begins. The applicant must comply with the City's tree preservation requirements. If tree mitigation is required, the applicant must submit a tree preservation plan and successfully plant the required number of trees before the August 1, 2017. A bond in the amount of 150 percent of the es- timated cost for planting trees that complies with the City's tree preservation regulations must be submitted to the City before April 1, 2014. 11. All applicable permits (i.e.; building, electrical and mechanical) must be com- pleted, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans for the proposed concrete bridge casting production plant and mobile trailers must be reviewed and approved by the Building Official and Fire Marshal. 12. A perFormance bond in the minimum amount of $250,000 for the removal of the temporary metal building, site restoration (grading and seeding), ready mix plant, concrete pumps, cement silos, mobile trailers and all other ancillary structures and equipment associated with the temporary concrete ready mix and concrete bridge casting production plant must be submitted to the City before any work begins or permits issued for the proposed interim use. 13. The applicant obtains the necessary permits from the Minnesota Department of Health Well Management Section Central Office and any other state agency that requires a permit for the installation of a new well for this temporary use. The well must be abandoned and sealed in accordance to the MDH's well management regulations before August 1, 2017. Sealing the well must be done by a licensed well contractor. A copy of the well sealing certification must be submitted to the City once the work is completed. 14. The concrete ready mix plant must only be used for the mixing of concrete for the temporary concrete bridge casting production plant. Delivery of concrete or sale of concrete material for off-site use not associated with the temporary concrete bridge casting production plant is prohibited. 15. Appropriately designed and number of portable sanitary units must be provided on-site. 16. Truck deliveries of cement, steel, equipment, etc. must not exceed the weight restrictions designated for all public roads and streets. 17. Before the topsoil is spread over the storage area and production plant, the com- pacted limestone material must be removed prior to site restoration. 18. An erosion and sediment control plan must be submitted to the City before a building permit will be issued for the concrete production plant. Resolution No. 2014-XXX Page 5 of 5 19. Pre-treatment of runoff (e.g. sediment basin or vegetative buffer) must be estab- lished prior to discharging into the proposed infiltration area in the northeast corner of the storage area. The proposed infiltration area should be clearly marked to prevent the storage of materials in the basin and shall be sized to ac- commodate one-inch of runoff from the tributary area. 20. The City will monitor compliance of the NPDES permit for erosion control meas- ures and the applicant is required to reimburse the City for inspection services. 21. The applicant agrees to these conditions that the governing body deemed appropriate for permission of the interim use. Passed this 5th day of February, 2014. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Aggregate Industries — MWR, Inc. agrees to the conditions approving their interim conditional use permit as described above. AGGREGATE INDUSTRIES — MWR, INC. By: Randy Gaworski General Manager EXCERPT FROM UNAPPROVED MINUTES OF THE JANUARY 27, 2014, PLANNING COMMISSION MEETING 6.2 Aggregate Industries Concrete Plant — Case ICUP2014-002 Aggregate Industries — MWR, Inc. has applied for an interim conditional use permit for the placement of a temporary concrete mix plant and a temporary concrete casting plant at the Nelson Sand & Gravel facility, 11250 Grey Cloud Trail South. McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Bieraugel stated that the staff report and presentation was accurate. He noted that he has con- cerns about several recommendations. Condition #1 requires that site restoration be completed before December 31, 2016, and requested that the date for the reclamation component be changed to early summer of 2017. In condition #10 staff is recommending that a tree inventory be conducted on the 20 to 25 acres and based on that tree inventory provide a letter of credit that is 150 percent of the estimated cost of replacing those trees. He requested that they be al- lowed to do the oak savannah restoration plan as they are doing for their mining permit, rather than plant tree species that are not native to the Island. He noted that the photo from 1964 showed the area was largely pasture and grassland. In the staff report for the mining permit staff commented that they had taken down black locust in a five to six acre area that were inva- sive trees not native to the area. Condition #12 requires a letter of credit in the amount of $250,000 for removing the buildings. He requested that instead of a letter of credit, that the City accepts a performance bond as a guarantee that they remove those buildings. A letter of credit ties up cash and limits cash flow, whereas the bond would not. Condition #18 is the require- ment to do an erosion and sedimentation control plan for the ready mix plant. That plant will be in the same area as the casting building and yard, and there is a drainage plan for that area. He asked that condition #19 be deleted. They are proposing a settling basin in that area and since this area has very sandy soil, the amount of water that runs in there will dissipate very quickly. It is the practice at all their sites to do maintenance on an annual basis as needed. Bieraugel stated that the condition they are most concerned about is condition #3, which is the imposition of a payment in lieu of taxes (PILOT). He noted that they will work with staff and City Council in the next several days, but he wanted to make his argument against this proposal on the record. In 2013, they paid real estate taxes for this property and the aggregate tax of $375,000 to Washington County. Approximately $85,000 comes back to Cottage Grove for lo- cal tax support. In addition to that, from the $117,000 in aggregate tax they paid last year, ap- proximately $23,000 came back to the City. So in 2013 they paid taxes of $373,000 and they put a little over 1,000 tons of aggregate on city streets. He explained that their demand for city services is very low and their use of the local streets on annual basis is also low. He stated that the PILOT amount could be approximately $100,000 over a couple years, and was not bud- geted; that fee could be a budget buster. They did not anticipate this fee. He asked that the Commission recommend to the City Council that Condition #3 be dropped. Ventura asked where the requirements for conditions #10 and #12 came from and if the City would accept a bond instead of a letter of credit. McCool responded from the requirement for the 150 percent on landscaping is in the City Code; the letter of credit for the building removal is Excerpt from Unapproved Planning Commission Minutes Aggregate Industries Concrete Plant—Case ICUP2014-002 January 27, 2014 Page 2 of 7 a staff recommendation. Staff would entertain the idea of a bond instead of a letter of credit with the approval of the city attorney. Rostad stated that he understands the applicant's request regarding the tree inventory and asked if it would be possible to do a tree inventory first and if they are taking out invasive spe- cies, to not require their replacement. If it is discovered that tree replacement is needed, then there could be discussion about a letter of credit or bond. McCool responded that was the intent of condition #10; staff would like to see the tree inventory to be able to identify what must be mitigated. The amount that needs to be posted for any mitigation would be based on city ordin- ance requirements. He believes that Bieraugel was alluding that the trees appear to be mostly Chinese elms, which are an invasive species, so they don't need to do an inventory or mitiga- tion for that type of tree. Rostad stated that if the inventory shows that the trees are almost all an invasive species he would be comfortable eliminating the need for the letter of credit and remediation of those trees. Brittain asked about the oak savannah restoration. McCool stated that staff would evaluate the best location for if another oasis of reclamation is needed on the Island. He noted that last year's inspection of the trees planted within the oak savannah showed the survival of the trees is very low, so the number of trees that should be part of the reclamation for the mining permit and this proposed ICUP would need to be evaluated. Brittain asked if it is the City's intent to have some level of forestation over this particular area. McCool stated that we are not looking to reforest an area that has never been forested. Brittain asked with respect to the erosion and sediment control, if the City could review Aggre- gate Industries' current plans or is it expected to be significantly different. Levitt stated that the intention for condition #18 is to ensure that when they pull the NPDES permit required by MNPCA they have adequately addressed those issues in the permitting document. The condi- tion is not requiring that additional measures need to be incorporated but to ensure that they are compliant with the NPDES permit. She then addressed condition #19 regarding pre-treat- ment of runoff such as a sedimentation basin or vegetation buffer. She explained that this is a standard of the South Washington Watershed District and part of the City's surFace water man- agement plan. If this type of project were to occur elsewhere in the community, this requirement would be in place and she does not believe this site should deviate from the standards in the surFace water management plan or the South Washington Watershed District. It is also indi- cates that the infiltration area needs to be clearly marked so there is no additional compaction. Staff would not be supportive of changing conditions #18 or #19. Levitt suggested changing the date that site restoration should be completed in condition #1 to August 2017 as requested by the applicant. Levitt explained the reasons for the payment in lieu of taxes requirement in condition #3. One of the criteria for a conditional use permit is that the use shall not create excessive additional re- quirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the city. The City provided the applicant with our rationale for imposing this fee. This project could have a negative impact on the City's infrastructure. This project is a design-bid-build project with Mn/DOT and there were some confidential elements through the bidding process so not all the details of the project could be released to staff in earlier discus- sions. Staff apologizes that those things were not able to be discussed earlier but we are trying to accommodate an aggressive schedule to meet the requirements of the bridge project. Excerpt from Unapproved Planning Commission Minutes Aggregate Industries Concrete Plant — Case ICUP2014-002 January 27, 2014 Page 3 of 7 Rostad asked what type of truck traffic is currently using local roadways for the mine opera- tions. Bieraugel responded in 2013 there was approximately 1,015 tons that left the property on local streets, which would be about 60 trucks. The year before it was about 1,500 tons, and the year before that was approximately 3,000 tons. Rostad asked if the weight of the trucks using the local roads would be monitored. Rostad asked what vehicles would the materials would be coming in on. Bieraugel believes the re-bar, building materials, and steel sheeting would come in on a flat bed truck, and the base material from the limestone quarry would come in dump trucks. Rostad asked if the ten trucks a day referenced in the staff report means every day for the duration of the project or is that an average. Bieraugel responded that they anticipate that the construction of the site would bring the heaviest truck traffic, which would occur within a 30- day period in the winter months. Once the site is prepared and the building is up, there could be one or two trucks a day carrying cement grade dust that goes into making the concrete and maybe a couple trucks a week carrying the steel. The estimate of 10 trucks a day is the worst case. Johnson asked if most of the road damage is done in the winter due to freezing and thawing. Bieraugel responded that the biggest damage occurs when the frost is coming out. Rostad noted that in the spring, roads are posted with road restrictions. Levitt explained that based upon their axle weight, they could have additional axles or bring in smaller loads but the appli- cant is proposing to haul the material between now and early March when road restrictions are in place. Typically road restrictions come on in early March and come off eight weeks later in early May, which is the reason the applicant is proposing to haul materials to the site during that one-month period before the frost comes out of the ground. Brittain asked approximately how many trucks would access the area during the entire process. Bieraugel responded that they estimated 20,000 tons and the number of trucks is dependent on the axles and the weight each truck could carry. Brittain stated they would go from 60 trucks a year to possibly over 1,000 trucks in a year, so he believes it is appropriate to have some type of inechanism to ensure that any road damage from the extra truck traffic is taken care of. The amount of the PILOT should be determined by the City Council and staff, and the Planning Commission should not recommend what that should be. Bieraugel stated that over the years they have been making a contribution in aggregate tax of approximately $23,000 to $25,000 a year and he would like to get some credit for that. Brittain understands his perspective but they are removing a natural resource from the area so there has to be some sort of accommodation for the regional area from that removed resource, so he believes the aggregate tax is appr- opriate. Reese asked if any other businesses are being taxed similarly to what is being proposed. Levitt responded that she does not recall any other interim conditional use permit with this intensity. She explained that the City Attorney has dealt with a number of cases in South St. Paul with a similar intensive hauling operation in which a payment in lieu of taxes (PILOT) has been uti- lized. Reese noted that street reconstruction projects are financed by splitting the costs between the property owners and the City. He asked how much the City is responsible for in reconstruction projects and would Aggregate Industries be assessed when those roads need to be repaved or reconstructed. Levitt stated that per the City's IMTF policy, 45 percent is borne by the adjacent land owners and 55 percent by the general levy. Aggregate Industries proper- ties do not front on most of those streets. Only for projects on larger collector streets, such as Excerpt from Unapproved Planning Commission Minutes Aggregate Industries Concrete Plant — Case ICUP2014-002 January 27, 2014 Page 4 of 7 the Jamaica roundabout, that serve a greater area is a tiered system used because everybody utilizes and gains a benefit from those projects. Our policy does not necessarily give the City latitude to assess Aggregate Industries for reconstructing those roads. The amount that the City is seeking in the PILOT is marginal compared to the overall total reconstruction costs of the road network they are planning to utilize. Reese asked what the amount is. Levitt responded approximately $146,000. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Brittain stated that with regard to condition #1, he is in favor of moving the deadline to August 2017. Condition #3 the Commission should leave as proposed for the City Council and appli- cant to negotiate, however, he does believe the significantly increased impact to the roadways should be compensated in some way and this project is different than others in the past. Condi- tions #10, #12, #18, and #19 appear to be standard policy for what the City requires for these types of conditional use permits. Some of the work may already be done, and the plans just need to be presented. Rostad asked in condition #1, while the deadline for site restoration would be changed to August 2017, is the building still required to be removed by December 31, 2016. Brittain asked if there would be flexibility if the bridge project was delayed. Levitt responded that was correct. Ventura stated that flexibility would be good as other bridge projects in the area have had delays. Ventura agrees with Brittain's comments regarding conditions #10, #12, #18, and #19 and in condition #12 it should be up to the City Council if it should be a letter of credit or a bond. Rostad also agreed. He would like to come sort of agreement on condition #3 as he thinks this project is worthwhile. He does feel there will be additional stresses on the road. Reese asked the applicant if condition #3 would be a budget buster and why. Bieraugel stated that it could be approximately $150,000, which was not in any of their estimations or bid for this project. Reese asked if that means the project goes away if the PILOT is approved. Bieraugel said no. Imdieke asked if the roads are city or county roads. Levitt responded mostly city roads except the roads in Grey Cloud Township, which are a combination of a county road system. Imdieke asked what the estimate is for repairing all of the roads. Levitt responded it was estimated to be $2.5 million for a full reconstruction of those streets. Brittain made a motion to approve the conditional use permit allowing Aggregate lndus- tries to place temporary concrete mix and concrete casting plants at the Nelson Sand & Gravel faciliiy, subject to the conditions listed in below, with a modification to condition #1 changing the restoration end date to August 2017. Imdieke seconded. 1. The interim conditional use permit as described in proposed operation plan date January 2014 shall terminate on December 31, 2016. Prior to December 31, 2016, all temporary structures, bulk storage facilities, mobile trailer, concrete ready mix plant, and concrete pumps used for the temporary concrete ready mix and concrete cast- ing production plant shall be removed from the property. Site restoration for the 20 to Excerpt from Unapproved Planning Commission Minutes Aggregate Industries Concrete Plant — Case ICUP2014-002 January 27, 2014 Page 5 of 7 25 acre bridge section storage area used for the temporary concrete ready mix and concrete casting production plant shall be re-graded to its original grade elevations, the topsoil spread back over the area which was stripped, and the entire 20 to 25 acre site seeded with appropriate native seed mix, Site restoration must be completed before August 2017. 2. The barge slip is allowed to remain, subject to the approvals by Mn/DOT, MPCA, Mn/DNR and the U.S. Army Corps of Engineers. 3. The applicant must enter into a Payment In Lieu of Taxes (PILOT) agreement with the City of Cottage Grove. Approval of this agreement must granted by the City Council before any site preparation work for this temporary concrete ready mix, concrete casting plant and all ancillary improvements for the temporary concrete plant begins on the Ne/son Mine site. 4. The applicant is responsible for removing any materials that may have spilled onto any public roadway, This material shall be cleaned up immediately. 5. Bituminous/asphalt, concrete, and street sweeping materials are prohibited from be- ing buried on the premises or delivered to and stockpiled on the temporary concrete ready mix plant site. 6. All dust control and collection devices must be installed to control dust and cement emissions where cement is transferred to the si/os and at the truck loading areas. The application of water and chloride to the internal access roads must be applied when necessary. 7. The applicant may operate the temporary concrete ready mix and concrete bridge casting production plant the same operation hours as approved for the Nelson Mine. Presently, City approval of the Ne/son Mine permits operations 24-hour a day and seven days a week. If any operation within the Nelson Mine causes noises that dis- turb any neighboring properly owners, the applicant agrees to voluntarily cease operation during night-time hours until such time the noise source is identified and appropriate corrections are made. 8. Aggregate Industries must install erosion control devices at the base of any s/ope where erosion is evident. A drainage swa/e must be constructed at the base of any eroding slope to control run-off and divert it to a sedimentation basin before entering any natural drainage system. Erosion control measures must be implemented within a reasonable amount of time. 9. The applicant is responsible for obtaining all state and federal permits relating to the concrete ready mix, concrete bridge casting production plant, barge slip, and channel dredging/maintenance operations for the interim concrete ready mix and concrete bridge casting production plant on the Nelson Mine site. 10. A tree inventory for the 20 to 25 acre site must be completed and submitted to the City before tree removal begins. The applicant must comply with the City's tree pre- Excerpt from Unapproved Planning Commission Minutes Aggregate Industries Concrete Plant — Case ICUP2014-002 January 27, 2014 Page 6 of 7 servation reguirements. If tree mitigation is required, the applicant must submit a tree preservation plan and successfully plant the required number of trees before the October 15, 2016. A letter of credit that is 150 percent of the estimated cost for planting trees that complies with the City's tree preservation regulations must be submitted to the City before April 1, 2014. 11. All applicable permits (i.e.; building, electrical and mechanical) must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans for the proposed concrete bridge casting pro- duction plant and mobile trailer must be reviewed and approved by the Building Official and Fire Marshal. 12.A performance bond in the minimum amount of $250,000 for the removal of the temporary metal building, site restoration (grading and seeding), ready mix plant, concrete pumps, cement si/os, mobile trailer and all other ancillary structures and equipment associated with the temporary concrete ready mix and concrete bridge casting production plant must be submitted to the City before any work begins or permits issued for the proposed interim use, 13. The applicant obtains the necessary permits from the Minnesota Department of Health Well Management Section Central Office and any other state agency that re- quires a permit for the installation of a new well for this temporary use. The well must be abandoned and sea/ed in accordance to the MDH's well management regulations before December 31, 2016. Sealing the well must be done by a licensed well contrac- tor. A copy of the well sealing certification must be submitted to the City once the work is completed. 14. The concrete ready mix plant must only be used for the mixing of cement for the temporary concrete bridge casting production plant. Delivery of cement or sa/e of cement material for off-site use not associated with the temporary concrete bridge casting production plant is prohibited. 15. Appropriately designed and number of portable sanitary units must be provided on- site. 16. Truck deliveries of cement, steel, equipment, etc. must not exceed the weight restric- tions designated for all public roads and streets, 17. Before the topsoil is spread over the storage area and production plant, the com- pacted limestone material must be removed prior to site restoration. 18. An erosion and sediment control plan must be submitted to the City before a building permit will be issued for the concrete production plant. 19. Pre-treatment of runotf (e.g. sediment basin or vegetative buffer) must be established prior to discharging into the proposed infiltration area in the northeast corner of the storage area. The proposed infiltration area should be clearly marked to prevent the Excerpt from Unapproved Planning Commission Minutes Aggregate Industries Concrete Plant— Case ICUP2014-002 January 27, 2014 Page 7 of 7 storage of materials in the basin and shall be sized to accommodate one-inch of runoff from the tributary area. 20. The City will monitor compliance of the NPDES permit for erosion control measures and the applicant is required to reimburse the City for inspection services. Reese asked if Brittain wanted to add to his motion that the conditions relating to financing should be left up to the City Council. Brittain stated that his intention would be to leave those as requirements. He believes the conditions are appropriate and any changes should be left up to staff and the Council. Rostad asked about condition #12, changing the letter of credit to a bond. Brittain amended his motion to include the possibility of alternate financing instead of the line of credit in condition #12. Imdieke seconded the amendment. Reese stated that even if South St. Paul used PILOT, he recalls that this was proposed in the past for this applicant and was turned it down. This is a one-time big budget item and he would prefer to work with them on a way that they could be held accountable but to spread it out and it gets directly applied to repairing the streets that are being used. Motion passed on a 5-to-1 vote (Reese). Reese explained that he is opposed to condition #3 because there is no background for this within the City of Cottage Grove, even with the Jamaica roundabout project. He would like to have seen other ways to make this work instead of a big payment. Johnson noted that there was not a lot of time to figure out other ways due to the urgency of moving this forward. Brittain noted that the condition does not state that it has to be paid in one lump sum and other ways that would be amicable to both parties can be looked at between now and the City Council meeting, which is why he did not want to micromanage condition regarding the payment in lieu of taxes. He agrees that this should be looked into; however, there should be some sort of compensation. From: Korine Land <KLand@levander.com> Sent: Wednesday, January 29, 2014 9:40 AM To: Jennifer Levitt; John McCool Subject: Agg. Ind. ICU P John and Jennifer — It is my understanding that the applicant seeks legal author•ity for the City's ability to impose a fee for the additional costs the City will incur related to the proposed Interim CUP. The City may impose conditions on interim uses, as noted in the statute below. As I mentioned earlier, the applicant must agree to the conditions that the Council deems appropriate. 462.3597 INTERIM USES. Subdivision l.Definition. An "interim use" is a temporat•y use of property until a pat date, until the occur�ence of a par�ticular event, or until zoning regulations no longer permit it. Subd. 2.Authority. Zoning regulations may permit the governing body to allow interim uses. The regulations mav set conditions on interim uses. The governing body may grant permission for an interim use of property i£ (1) the use conforms to the zoning regulations; (2) the date or event that will terminate the use can be identified with certainty; (3) permission of the use will not impose additional costs on the public if it is necessary for the public to talce the property in the future; and (4) the user agrees to any conditions that the governing body deems appropriate for permission of the use. The City's infrastructure currently supports the existing uses at this location. However, the intensification of the inter•im use that is contemplated will put an undue burden on the City's transportation infrastructure, causing the roadways to deteriorate at a much more rapid pace than would otherwise be expected. Due to the inability of the City's roads to support this interim use, the City's only option would be to deny the application. In the alternative, the City may impose, as a reasonable condition, a road impact or maintenance fee to off-set these unexpected infrastt•uctm•e costs. It is important to note that a com will uphold a city's land use decision as long as there is a rational basis to promote the public health, safety, morals or general welfare. If the conditions are supported by the evidence provided by the City, a court will not over�turn its decision. The proposed interim use requires a significant amount of additional truck traffic and hauling over the City's roadways. Due to the detrimental impact to the City's infrastructure, the City may impose as a reasonable condition, the cost for repair• and/or replacement of these roadways. Let me know if you would like to discuss this further. Thanlcs. Kori Korine L, Lnnd Pavement Damage Cost Estimation Using Marginal Pavement Costs/Mile from the 1997 Federal Highway Cost Allocation Study - FHWA U.S. DOT Aggregate Industries Hauling Related to ICUP RTB 1/17/14 Item Cost/Mile - 2000 Cost/Mile - 2014 Major Minor Collector Arterial 2.29 $ 0.74 3.09 S 1.00 *Uses an inflation factor of 1.35, from the US Department of Labor - Consumer Price Index *Uses an 80-kip, 5-axle truck/trailer combo Site Preparation Haul Route - One Month Hauling # of One-Way Total Daily Total Monthly Street Classification Length (FT) Length (MI) Trips/Day Cost/Mile Cost Cost Major Collector 10,416 1.97 200 $ 3.09 $ 1,219.74 $ 36,592.12 Total $ 36,592.12 . 2 �DO - � (�,2.�iv:b�v Bridge Construction Hau) Route - Continuous Hauling Throughout Project Duration # of One-Way Total Daily Total Monthly Street Classification Length (FT) Length (MI) Trips/Day Cost/Mile Cost -- Cost Major Collector 10,935 2.07 20 $ 3.09 $ 128.05 $ 3,841.54 Minor Arterial 6,480 1.23 20 $ 1.00 $ 24.52 $ 735.63 Total $ 4,577.17 X �� References: � �3 FHWA - U.S. DOT -1997 Federal Highway Cost Allocation Study FHWA - U.S. DOT - Comprehensive Truck Size and Weight Study � ��.�� .�z� � q ( a3d'� � 8 Cost Estimate to Repair both Hauling Routes RTB 1/17/14 Item # Item Unit Quantity Est. Unit Cost Est. Total Cost PART 1- GENERAL 1 MOBILIZATION LS 1$ 100,000.00 $ 100,000.00 2 TRAFFIC CONTROL LS 1$ 20,000.00 $ 20,000.00 TOTAL PART 1- GENERAL $ 120,000.00 PART 2 - MILL & OVERLAY 3 1.5" MILL SY 12022 $ 1.10 $ 13,224.20 4 6.5" MILL SY 18773 $ 3.70 $ 69,460.10 5 BITOUMINOUS MATERIAL FOR TACK COAT GAL 3695 $ 2.80 $ 10,347.12 6 TYPE SP 12.5 NON-WEARING COURSE MIXTURE TN 3573 $ 65.00 $ 232,245.00 7 TYPE SP 12.5 WEARING COURSE MIXTURE TN 2512 $ 75.00 $ 188,400.00 TOTAL PART 2- MILL & OVERLAY $ 513,676.42 PART 3 - RECLAMATION 8 RECLAIM BITUMINOUS PAVEMENT 9 SPREAD RECLAIMED MATERIAL 10 BITOUMINOUS MATERIAL FOR TACK COAT 11 TYPE SP 12.5 NON-WEARING COURSE MIXTURE 12 TYPE SP 12.5 WEARING COURSE MIXTURE TOTAL PART 3 - RECLAMATION SY SY GAL TN TN 46440 $ 46440 $ 5573 $ 5050 $ 3788 $ 1.10 $ 51,084.00 2.70 $ 125,388.00 2.80 $ 15,603.84 65.00 $ 328,250.00 75.00 $ 284,100.00 $ 804,425.84 PART 4 - STRIPING 13 4" SOLID LINE, EPDXY LF 16550 $ 0.40 $ 6,620.00 14 4" DOUBLE SOLID LINE, EPDXY LF 6020 $ 0.70 $ 4,214.00 TOTAL PART 4- STRIPING $ 10,834.00 TOTAL PART 1- GENERAL TOTAL PART 2- MILL & OVERLAY TOTAL PART 3 - RECLAMATION TOTAL PART 4 - STRIPING TOTAL ESTIMATED CONSTRUCTION COSTS $ 120,000.00 $ 513,676.42 $ 804,425.84 $ 10,834.00 $ 1,448,936.26 10% CONTINGENCY $ 144,893.63 30% ENGINEERING, TESTING, LEGAL, ADMIN $ 434,680.88 TOTAL ESTIMATED PROJECT COSTS $ 2,028,510.76 Cost Estimate to Repair Site Preparation Hauling Route Only RTB 1/17/14 Item # item Unit Quantity Est. Unit Cost Est. Total Cost PART 1- GENERAL 1 MOBILIZATION 2 TRAFFIC CONTROL TOTAL PART 1- GENERAL PART 2 - MILL & OVERLAY 3 1.5" MILL 4 BITOUMINOUS MATERIAL FOR TACK COAT 5 TYPE SP 12.5 WEARING COURSE MIXTURE TOTAL PART 2- MILL & OVERLAY PART 3 - RECLAMATION 6 RECLAIM BITUMINOUS PAVEMENT 7 SPREAD RECLAIMED MATERIAL 8 BITOUMINOUS MATERIAL FOR TACK COAT 9 TYPE SP 12.5 NON-WEARING COURSE MIXTURE 10 TYPE SP 12.5 WEARING COURSE MIXTURE TOTAL PART 3 - RECLAMATION LS 1 $ 20,000.00 $ LS 1 $ 5,000.00 $ $ SY 3781 $ 1.10 $ GAL 454 $ 2.80 $ TN 308 $ 75.00 $ $ SY SY GAL TN TN 21995 $ 21995 $ 2639 $ 2392 $ 1794 $ 20,000.00 5,000.00 25,000.00 4,159.10 1, 270.42 23,100.00 28,529.52 1.10 $ 24,194.62 2.70 $ 59,386.80 2.80 $ 7,390.36 65.00 $ 155,480.00 75.00 $ 134,550.00 $ 381,001.78 PART 4 - STRIPING 11 4" SOLID LINE, EPDXY LF 5090 $ 0.40 $ 2,036.00 12 4" DOUBLE SOLID LINE, EPDXY LF 1420 $ 0.70 $ 994.00 TOTAL PART 4- STRIPING $ 3,030.00 TOTAL PART 1- GENERAL $ 25,000.00 TOTAL PART 2- MILL & OVERLAY $ 28,529.52 TOTAL PART 3- RECLAMATION $ 381,001.78 TOTAL PART 4- STRIPING $ 3,030.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 437,561.30 10% CONTINGENCY $ 43,756.13 30% ENGINEERING, TESTING, LEGAL, ADMIN $ 131,268.39 TOTAL ESTIMATED PROJECT COSTS $ 612,585.81 Street Information Aggregate Haul Route Full Depth Reclamation Road Length (FT) Width (FT) AADT Classification Method Thickness Area (SF) Area (SY) Non-Wear Course (TN) Wear Course (TN) Grey Cioud Treil Old 8,998 22 470 Major Collector Reclaim 2 Lifts 197,956 21,995 2,392 1,794 Mill & Overlay Road Length (FT) Width (FT) AADT Classification Method Thickness Area (SF) Area (SY) Non-Wear Course (TN) Wear Course (TN) Grey Cloud Trail New 1,418 24 750 Major Collector Mill/Overlay 2 Lifts 34,032 3,781 0 308 Bridge Construction Haul Route Full Depth Reclamation Road Length (FT) Width (FT) AADT Classification Method Thickness Area (SF) Area (SY) Non-Wear Course (TN) Wear Course (TN) 100th Street Old 5,309 24 1,400 Major Collector Reclaim 2 Lifts 127,416 14,157 1,540 1,155 Hadley Avenue 1,248 24 1,500 IVlajor Collector Reclaim 2 Lifts 29,952 3,328 362 271 103rd Street 2,610 24 1,200 Major Collector Reclaim 2 Lifts 62,640 6,960 757 568 Grey Cloud Trail Old 8,998 22 470 Major Collector Reclaim 2 Lifts 197,956 21,995 2,392 1,794 Totals 18,165 46,440 5,050 3,788 Mill & Overlay Road Length (FT) Width (FT) AADT Classification Method Thickness Area (SF) Area (SY) Non-Wear Course (TN) Wear Course (TN) Roundabout 900 8,800 Minor Arterial No Repair Jamaica Avenue 3,520 48 5,775 Minor Arterial Mill/Overlay 3 Lifts 168,960 18,773 3,573 1,531 100th Street New 2,060 36 3,300 Minor Arterial Mill/Overlay 1 Lift 74,160 8,240 0 672 Grey Cloud Trail New 1,418 24 750 Major Collector Mill/Overlay 1 Lift 34,032 3,781 0 308 Totals 6,998 30,795 3,573 2,512 Cost References 2013 PM Bid Results Item 1.5" Mill Full Depth Reclaim Spread Reclaim Bituminous Material for Tack Coat Type 12.5 Wear Course Type 12.5 Non-Wear Course 4" Solid Line 4" Double Solid Line Units SY SY SY Gal TN TN LF LF Average Bid Price $ 1.06 $ 1.00 $ 2.56 $ 2.68 $ 71.03 $ 63.09 $ 0.32 $ 0.65 2013 Hinton Ave Improvements Bid Results 3% Inflation $ 1.09 $ 1.03 $ 2.64 $ 2.76 $ 73.16 $ 64.98 $ 0.33 $ 0.67 $ $ $ $ $ $ $ $ Use 1.10 1.10 2.70 2.80 75.00 65.00 0.40 0.70 Average Bid Item Units Price 3% Inflation Use 6.5" Mill SY $ 3.53 $ 3.64 $ 3.70 Washington County - Aggregate Industries 2013 Distribution of Aggregate Tax $0.15 5.0% 50.0% 42.5% 42.5% 15.0% Tons County Destination Allocated Total Admin Other Remainder Municipality Road & Pit Year Qtr Munici ali County by County* Tax Fee County* to Distribute Amount Bridge Restoration 2013 1 City of Cottage Grove Hennepin 15,477.4 $2,321.61 $116.08 $2,205.53 $0.00 $0.00 $0.00 $0.00 Ramsey 33,492.9 $5,023.94 $251.20 $4,772.74 $0.00 $0.00 $0.00 $0.00 Washington 48,970.3 $7,345.55 $367.28 $0.00 $6,978.27 $2,965.76 $2,965.76 $1,046.75 City of Lakeland Washington 0.0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Town of Grey Cloud Island Hennepin 3,167.4 $475.11 $23.76 $451.35 $0.00 $0.00 $0.00 $0.00 Ramsey 8,787.3 $1,318.10 $65.91 $1,252.19 $0.00 $0.00 $0.00 $0.00 Washington 25,099.6 $3,764.94 $188.25 $0.00 $3,576.69 $1,520.09 $1,520.09 $536.51 Town of West Lakeland Washington 25,770.5 $3,865.57 $193.28 $0.00 $3,672.29 $1,560.72 $1,560.72 $550.85 1 Total 160,765.5 $24,114.82 $1,205.76 $8,681.81 $14,227.25 $6,046.57 $6,046.57 $2,134.11 2 City of Cottage Grove Hennepin 30,404.3 $4,560.65 $228.03 $4,332.62 $0.00 $0.00 $0.00 $0.00 Ramsey 62,727.2 $9,409.07 $470.45 $8,938.62 $0.00 $0.00 $0.00 $0.00 Washington 93,440.1 $14,016.02 $700.80 $0.00 $13,315.22 $5,658.97 $5,658.97 $1,997.28 City of Lakeland Washington 0.0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Town of Grey Cloud Island Hennepin 21,499.0 $3,224.85 $161.24 $3,063.61 $0.00 $0.00 $0.00 $0.00 Ramsey 33,508.7 $5,026.30 $251.32 $4,774.98 $0.00 $0.00 $0.00 $0.00 Washington 82,894.6 $12,434.20 $621.71 $0.00 $11,812.49 $5,020.31 $5,020.31 $1,771.87 Town of West Lakeland Washington 91,245.9 $13,686.88 $684.34 $0.00 $13,002.54 $5,526.08 $5,526.08 $1,950.38 2 Total 415,719.8 $62,357.97 $3,117.89 $21,109.83 $38,130.25 $16,205.36 $16,205.36 $5,719.53 3 City of Cottage Grove Hennepin 42,819.3 $6,422.90 $321.15 $6,101.75 $0.00 $0.00 $0.00 $0.00 Ramsey 98,832.8 $14,824.92 $741.25 $14,083.67 $0.00 $0.00 $0.00 $0.00 Washington 141,714.2 $21,257.14 $1,062.86 $0.00 $20,194.28 $8,582.57 $8,582.57 $3,029.14 City of Lakeland Washington 0.0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Town of Grey Cloud Island Hennepin 28,775.0 $4,316.25 $215.81 $4,100.44 $0.00 $0.00 $0.00 $0.00 Ramsey 69,844.0 $10,476.59 $523.83 $9,952.76 $0.00 $0.00 $0.00 $0.00 Washington 144,220.0 $21,633.00 $1,081.65 $0.00 $20,551.35 $8,734.32 $8,734.32 $3,082.71 Town of West Lakeland Washington 187,753.8 $28,163.08 $1,408.15 $0.00 $26,754.93 $11,370.85 $11,370.85 $4,013.23 3 Total 713,959.2 $107,093.88 $5,354.70 $34,238.62 $67,500.56 $28,687.74 $28,687.74 $10,125.08 4 City of Cottage Grove Hennepin 36,946.3 $5,541.95 $277.10 $5,264.85 $0.00 $0.00 $0.00 $0.00 Ramsey 67,330.0 $10,099.50 $504.98 $9,594.52 $0.00 $0.00 $0.00 $0.00 Washington 104,922.1 $15,738.31 $786.92 $0.00 $14,951.39 $6,354.34 $6,354.34 $2,242.71 City of Lakeland Washington 0.0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Town of Grey Cloud Island Hennepin 20,129.6 $3,019.45 $150.97 $2,868.48 $0.00 $0.00 $0.00 $0.00 Ramsey 35,298.5 $5,294.77 $264.74 $5,030.03 $0.00 $0.00 $0.00 $0.00 Washington 88,530.4 $13,279.55 $663.98 $0.00 $12,615.57 $5,361.62 $5,361.62 $1,892.33 Town of West Lakeland Washington 224,081.7 $33,612.25 $1,680.61 $0.00 $31,931.64 $13,570.95 $13,570.95 $4,789.74 4 Total 577,238.5 $86,585.78 $4,329.30 $22,757.88 $59,498.60 $25,286.91 $25,286.91 $8,924.78 2013 Total 1,867,683.0 $280,152.45 $14,007.65 $86,788.14 $179,356.66 $76,226.58 $76,226.58 $26,903.50 Total by municipality: City of Cottage Grove $23,561.64 City of Lakeland $0.00 Town of Grey Cloud Island $20,636.34 Town of West Lakeland $32,028.60 $76,226.58 Pe�298.75 subd 2(cJ, lfthe agg�egate mate�ialis f�anspo�ted direct/y from the ext�acfion site to a wafenvay, railway, or anofhermode of t�ansportaGon o�her than a highway, �oad o�street, fhe tax imposed by this secfion shallbe apportioned equallybe(ween the county whe�e the aggregafe materialrs extracted and the county to which the aggregate material is o�iginally t�ansported. lfthat destina6on is not/ocafed in Minnesofa, then the county where the aggregate mate�ia/ was ext�acted shallreceive all ofthe proceeds oftlie tax. 1/27/2014 Washington County Department of Property Records and Taxpayer Services Taxation Division AGGREGATE fNDUSTRIES Aggregate Industries — Nelson Sand & Gravel Cottage Grove, Minnesota Interim Conditional Use Permit Application January, 2014 Aggregate Industries Nelson Sand & Gravel 11250 Grey Cloud Trail South Cottage Grove, Minnesota The NE'/4, SE 1/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail� W%2, SE %4, Section 31, Township 27, Range 21; E%z, NE 1 /4, NW 1 /4, Section 31, Township 27, Range 21, South along Grey Cloud Trai1;W1/2, NE1/4, NW'/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail; NW 1 /4, NW 1 /4, Section 31, Township 27, Range 21; S%2, NW 1 /4, Section 31, Township 27, Range 21; E%2, SW %4, Section 31, Township 27, Range 21; Lot l, Section 31, Township 27, Range 21; N%2, NE 1 /4, Section 36, Township 27, Range 22; S%2, NE 1 /4, Section 36, Township 27, Range 22; N%2, SE'/4, Section 36, Township 27, Range 22; Lot 2, Section 36, Township 27, Range 22; Lot 3, Section 36, Township 27, Range 22; SE 1 /4, SW'/4, Section 25, Township 27, Range 22; NE 1 /4, NW '/4, Section 36, Township 27, Range 22; S%2, NW 1 /4, Section 36, Township 27, Range 22; NW 1 /4, SW 1 /4, Section 36, Township 27, Range 22; N%2, SW 1 /4, SW 1 /4, Section 25, Township 27, Range 22; S 1 /2, SW %4, SW, Section 25, Township 27, Range 22; NW 1 /4, NW'/4, Section 36, Township 27, Range 22; NW 1 /4, SW 1 /4, Section 36, Township 27, Range 22; N 1 /2, NE'/4, Section 35, Township 27, Range 22; S%2, NE 1 /4, Section 35, Township 27, Range 22; SE I/4, SE'/4, Section 26, Township 27, Range 22; Lot 5, Section 35, Township 27, Range 22; Lot 3, Section 6, Township 26, Range 21; Lot 2, Section 6, Township 26, Range 21; Lot 1, Section 6, Township 26, Range 21; N 1 /2, NW 1 /4, Section 5, Township 26, Range 21; Lot 4, Section 5, Township 26, Range 21; Lot 3, Section 5, Township 26, Range 21; N 1 /2, NE 1 /4, Section 5, Township 26, Range 21; Lot 2, Section 5, Township 26, Range 21; Lot 1, Section 5, Township 26, Range 21; Lot 1, Section 4, Township 26, Range 21; NE %4 SW'/4 Sections 36, Township 27, Range 22; Lot 5 Section 35, Township 27, Range 22 Landowner: PAS Associates, Ltd. c/o Hugh Schilling 2565 Walnut Street Roseville, MN 55113 Operator: Aggregate Industries - MWR, Inc. 2915 Waters Road, Suite 105 Eagan, MN 55121 Page � 2 Aggregate Industries seelcs an Interim Conditional Use Permit to support the construction of the Stillwater Bridge. The term of the interim permit would be through December 31, 2016. The Company proposes to place a temporary ready mix concrete plant and a temporary concrete casting production plant at its existing Nelson Sand & Gravel Facility in the area depicted on the attached Figure 1— Brid�e Proiect Area The proposed Bridge Project Area comprises approximately 20 acres which was previously mined in the 1950's and 1960's and subsequently reclaimed. Refer to the attached historic air photo dated 1964. The vegetation in the proposed area is predominately brome grasses with some woody vegetation consisting of Chinese elms and red cedar. All of the woody vegetation is the result of natural seeding. No cultivars have been planted in the proposed project area. There are no intermittent streams, swales, rivers, water bodies or wetlands located in the proposed area, nor are there any existing buildings or features which are of historic significance. There are some product stockpiles on a portion of the westerly 10 acres of the proposed project area. The attached FEMA 2010 Floodwav Map shows the 100 year and 500 year flood designations. The proposed ready mix plant will consist of an aggregate feed system, a central mixer and cement silos. The highest point of the plant will be the baghouse at the top of the cement silos, which would be approximately 65 feet. Aggregate material utilized to produce the various mixes of concrete would be obtained on-site. Cement will be delivered to the facility on a daily basis, with approximately 4 loads per day. The Plant will have a maximum output of approximately 100 cubic yards per hour. An estimated 30,000 cubic yards of material is expected to be produced on an annual basis. A temporary building and one mobile trailer would be located at the ready mix concrete plant. The temporary building would be utilized to maintain a batch control room and an employee area. The trailer would be utilized as a quality control lab (please refer to Fi�ure 1 for the approximate location of structures). Equipment incidental to the ready mix operation would include the loader which is presently located at this site, as well as approximately 4 to 5 ready mix concrete trucics. The ready mix trucks will provide ready mix concrete to the concrete casting production plant. The ready mix plant would operate year-round with roughly 7 employees. The proposed temporary concrete casting production plant will consist of one building in which the bridge sections will be produced. Most of the site preparation and building construction will take place in the winter and early spring of 2014. Site preparation will include stripping of the topsoil and grading of the Bridge Project Area. The existing area is primarily level as depicted on Fi�ure 2— Current Topo�raphy & Conceptual Gradin� Plan. There will be no loss of soil during the stripping process; the topsoil which is stripped will be used to construct perimeter berms as shown on the attached Figure 2, and will later be used for reclamation of the area. Upon completion of the project, this topsoil will be spread back over the area which was stripped during the site preparation. The reclaimed grades will be similar to the construction grades, but will be slightly higher to include the depth of topsoil. The soils on this site consist of fill, mostly sand with minimal gravel (refer to the attached 1999 Soil Borings NL-99-1, NL-99-2 and NL-99- Page�3 4). The building footings will be designed for the required loads, employing compaction or spread footings, as may be necessary. The building footprint and portions of the exterior storage area will be covered with a crushed limestone base. The casting building will be approximately 600 feet by 100 feet by 40 feet high (details are shown on the attached Preliminarv Buildin� Drawings prepared by Keller Architects). The building will be located approximately as shown on the attached Fi�ure 1. After the site preparation takes place, the building floor will sit at an elevation of approximately 704, as depicted on Fi�ure 2. All of the steel worlc, foi�rn construction and casting work, will talce place inside the building. Each bridge section will be initially cured in the building then transported outside to finish curing. The job requires approximately 650 bridge sections. Casting of the bridge sections will begin in May of 2014 and will continue through the construction season of 2015. The cured sections will be transported via river barges to the bridge site commencing in August or September of 2014. The sections will be loaded onto barges at a barge slip which will be constructed approximately as shown on Fi�ure 1. The casting work will be conducted during normal business hours. Approximately 65-80 workers will be employed at this production facility. All production in the building will be run off of line power. The traveling crane will be diesel powered. It will be fitted with a white noise backup alarm. The greatest amount of noise generated from this worlc will be from the concrete pumps which generate no more noise than that of a front end loader. Three concrete pumps will be located on the south side of the building. The bridge is scheduled to be completed in 2016. If there are no delays in the project, the ready mix plant and casting facility will be removed in 2016 and the site will be reclaimed. This temporary facility will be serviced by portable sanitary units. The Nelson facility currently operates 24 hours a day, seven days a week from April through mid-November. From mid-November through March, the facility is attended to a minimum of five days a week during the hours of 6:00 a.m. to 6:00 p.m. These hours would remain unchanged with the addition of the proposed operations. Aggregate Industries is committed to conducting its business in a way that is respectful of the environment. The Company maintains an internal Environmental Management System (EMS) which drives its day-to-day performance and ensures ongoing certification to the International Environmental Standard, ISO 14001. The EMS prescribes actions and responsibilities and tracks performance for every state, federal and local regulation. Each site maintains "operation" specific environmental site procedlues which include environmental "conditions" inspections, during active operations to ensure that all environmental procedures are being followed. Page�4 Air Emissions: The Nelson Sand & Gravel Facility currently operates within the limits of Air Emission Permit No. 03700352-001 for non-metallic mining facilities. The addition of the ready mix concrete plant will require an aggregate heater. This heater will utilize propane or possibly liquefied natural gas. Dust: Dust emissions from the ready mix concrete plant will be controlled by a"baghouse" which will trap the particulate matter within the exhaust stream. In addition, "dust collectors" will be installed to control emissions at the points where cement is added to the silo and at the truck loading area. Additional control measures will include the application of water and chloride, as needed, to internal roads. Fuel Storage Tanks: Presently there are 9 Storage Tanks located at the facility: a 10,000 gallon underground diesel fuel tanlc, along with the following aboveground storage tanlcs: two 6,000 gallon diesel fuel oil tanlcs, a 500 gallon gasoline tanlc, a 280 gallon hydraulic oil tank, a 280 gallon engine oil tanlc, a 50 gallon diesel fuel tank, a 525 gallon used oil tanlc and a 280 gallon used oil tanlc. All tanlcs are located within secondary containment. Diesel fuel, gasoline, motor oil and hydraulic oil are also present in the equipment and vehicles on-site. Site personnel are trained to respond accordingly should a spill occur. A designated employee conducts weel�ly tanlc and waste inspections. Aggregate Industries' Nelson Facility has an SPCC Plan in place for the storage tanlcs on-site. This plan will be modified, as necessary, to include any additional tanks which may be brought on-site. The additional fuel & additive tanks required for this interim operation will be properly registered with the State of Minnesota. Aggregate Industries provides secondary containment for tanlcs and drums as required under Minnesota Rules and/or Federal Law, as applicable. The Company's EMS, Spill Prevention, Control and Countermeasures Plan (SPCCP) and Storm Water Pollution Prevention (SWPP) Plan outline the measures used for the prevention and containment of spills. Groundwater: Currently the Nelson Facility operates under Water Appropriation Permits No. 2000-6135 and 1967-0201 issued by the DNR. The addition of the ready mix concrete/ concrete casting plant will require that a well be drilled to supply water to the proposed operation. This will require that we apply for an additional Water Appropriation Permit. Lighting: Exterior lighting will be located on the buildings to provide for safety measures. Noise: The mobile equipment associated with the proposed operation will be equipped with "white noise" alarms for bacicup safety. Truck Traffic: During the site preparation phase (winter of 2014), haul trucics will transpoi�t aggregate material from the Company's Larson Quarry facility in Grey Cloud Island Township to the plant site. These trucks will travel north on County 75 to Grey Cloud Trail, then southerly to the Nelson facility in Cottage Grove. Aggregate trucic traffic will average approximately 80 to 100 trips per day during the site preparation stage. This base hauling activity will take approximately one month once worlc commences. This material will be utilized for the building Page�S and the casting storage yard. Vehicles will also transport construction materials for the plant buildings onto the site during the site preparation stage. Once the site is prepared and the buildings are up, tiuck traffic will be reduced. On a daily basis, during the casting of the bridge sections, the job will require up to 10 trucic trips per day, carrying steel and cement to the production site. These vehicles will travel via U.S. Highway 61, 100 Street, Hadley Avenue, 103 Street and Grey Cloud Trail South, to and from the site. Aggregate material utilized to produce the various mixes of concrete will be obtained on-site. Water Qualitv: The Nelson Sand & Gravel facility is currently covered under a National Pollutant Discharge Elimination System (NPDES) and State Disposal System (SDS) Permit MN0001309. The majority of the storm water at the site drains bacic into the mining area and inf'iltrates through the sand/gravel surfaces. After grading takes place, any excess stormwater which does not infiltrate into the ground within the Bridge Project Area, will flow to the northeast into a"dry" stormwater infiltration area. There will be no stormwater discharged off-site in the proposed project area. Aggregate Industries maintains a Stormwater Pollution Prevention Plan (SWPPP) as required by our stormwater permit coverage. This SWPPP will be modified to incorporate the proposed project area and will delineate additional pollution prevention Best Management Practices (BMPs) which will be put in place to control erosion and sedimentation in the proposed Bridge Project Area. Additional BMP's will include the installation of silt fencing and the construction of topsoil berms which will be seeded, on the northern and eastern perimeters of the proposed project area. Erosion and sedimentation control measures along the southern portion of the project area will continue to be controlled through the existing BMPs outlined in the Company's SWPPP, a copy of which has been provided to the Senior Planner at the City of Cottage Grove. The Company maintains stormwater coverage for their ready mix facilities under the MNG490073 Permit. The proposed ready mix plant will be added to the Company's existing permit. Every ready mix tiuck carries some "comebacic" concrete when it returns to the plant after a delivery. This material is spread on the ground and once it has solidified, it is pushed into a pile by a loader. This comeback concrete, along with concrete from the building footings will be temporarily stocicpiled on-site and will then be recycled into a Class 5 road base product. The Company holds a maintenance dredging permit with the Minnesota Department of Natural Resources for work in its' barge fleeting area. This permit is renewed annually, as needed. The DNR and the Army Corps of Engineers will review and issue any permits necessary for this project All Aggregate Industries' employees are required to undergo safety training as required by Aggregate Industries' Safety Policy and as governed by Minnesota and Federal OSHA, DOT, and the U.S. Department of Labor's Mine Safety and Health Administration. Employees attend regularly scheduled refresher training annually and site specific training, as needed. Specifically, Page � 6 ready mix drivers and plant personnel attend annual AWAIR (Minnesota's "A Worlcplace Accident and Injury Reduction") training. In addition, ready mix drivers attend defensive driving courses and ready mix plant personnel attend a four hour OSHA training class each year. Aggregate Industries is committed to conducting its business in a way that is responsible and compatible with its neighbors and the City of Cottage Grove. Since communication is critical to said compatibility, the Company will: • Request that Neighbors contact Plant Manager, Bob Kurz, @(651) 315-3390 or the Company's Community Comment Line @(651) 683-8102, should they have any questions or concerns regarding operations at the facility. Callers should provide as much information as possible, including details such as: the date and time of day, descriptiori of concern(s), description of sounds and/or sights, frequency of activity, vehicle license plate number, color of vehicle, etc. • Respond in a timely manner to any concerns and/or issues which arise. • Record all Neighbor contacts and calls. Any mitigation efforts by the Company will also be recorded. • Establish and maintain a mailing list of property owners situated within one-half mile of the site. This list will include the City of Cottage Grove officials. Aggregate Industries maintains an "open door" policy and is pleased to conduct tours of the mine for neighbors, local officials, school groups and local scouting organizations at any time. Page � 7 � . � �� - - ti �+,..�::� '.�,. .,'-�� ^.�.�,_:�--�.. ` • ; y. - � � . �� t` � . . � sc 1 I r'` . ,�;c* �' :.: ; . {�, . r+ ' y = r � �'.': � �;� . - ::'2 �� . ], �'4.r.. �:i �, � r , � .. 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