HomeMy WebLinkAbout8A - McKenna Rd Permit
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
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CITY COUNCIL AGENDA REPORT
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JANUARY 18,2000
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JENNI TOVAR. PLANNER
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION OO-XX
APPROVING THE CONDITIONAL USE PERMIT FOR
EXCAVATION OF SAND AND GRAVEL FOR RYAN
CONTRACTING ON PROPERTY LOCATED IN THE SO"l~
EAST QUARTER SECTION OF SECTION 22, T 115, R22,
LOCATED ON MCKENNA ROAD
Historv: On September 29, 1999, a completed applicatioIi. was
received for the excavation of sand and gravel from property 10C(lTT7'd in
the SE ~, Section 22, Township 115, Range 22. This propeny is
owned by Richard McKenna and Joseph and Carolyn Kinne:--. On
November 8, 1999 the Planning Commission recommended the City
Council approve the CUP with conditions. On December 6, 1999~ the
City Council continued this request to January 18,2000 to allow for a
workshop to be held regarding the request.
Current Circumstances: On January 3, 2000, the Planning
Department discussed the request with the City Council at a scheOn1ed
workshop. Additional information requested by the Council inch:ded
researching other cities for combustion engine hours of operation..
adding a stipulation regarding right of entry for completing
improvements if necessary, and providing information regarding De
source ofthe Department of Health's 50 foot gravel pit and aquifa:-
separation.
Attached is a copy of the December 6, 1999 staff report, whici::l the
Council received as part of its workshop materials, detailin~ the
request and staff review. Councilmembers have previously recei7ed a
complete copy of the petitioners application. Let staff knc~- if
additional copies are needed.
The Issues:
Hours of operation for combustion engines:
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) ,~ :7-4245
AN EQUAL OPPORTUNITY EMPLOYER
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City of Shakopee- Mining District Overlay. Construction and reLated
equipment limited to 7 a.m. to 10 p.m. weekdays and 9 a.m. to 9 p..1ll..
on weekends and Holidays. Mining Operations required CUP win
noise control plan including location of all occupied structure within
1000 feet and a decibel plan indicating noise levels at 5 decibel
increments.
City of Savage- Mining Permit required (similar to CUP). HoursDf
operation specific to mining activities and location of operations. mor
Lake Aggregates is limited to hauling between 7 a.m. and 10 p.m.."
crushing is limited from 7 a.m. to 10 p.m. and washing is limited from
7 a.m. to 12 midnight. If the specific activity does not generate noise,
then the hours are expanded. If there are few occupied structures~ then
hours of operation would be more liberal. Considered on a case by
case basis.
City of LakevilIe- Mining Permit is required (similar to CUP). nDurs
of operation are considered on a case by case basis depending on
surrounding uses. Ifthere are no occupied structures in the viciniry,
then there are no restrictions on operations. If there are residents close
by, then hours of operation limited to reasonable times to satisfy 2IlY
complaints from the neighborhood as determined by Council.
City of Rosemount- Mining operations not permitted in residenri31
zoned or guided districts. Mining Operations require Mining Per:::rrit.
Hours generally restricted from 7 a.m. to 7 p.m. Mondays throu~;"';
Saturdays with no operations on Sundays. The Council can limit
holidays and further limit hours depending on proposed operatior:s and
adjacent uses, considered on a case by case basis.
Staff feels the hours of operation (6 a.m. to 8 p.m. weekdays and S
a.m. to 12 noon) are consistent with the ordinance and reasonable .as
recommended by the Planning Commission. The ordinance alloWC5
combustion engines to operate from 6 a.m. to 10 p.m. weekdays,
between 7 a.m. and 10 p.m. on Saturdays, and from 8 a.m. to 10 }."...Ill.
on Sundays. The hours of operation as stated in the resolution should
not cause detriment to adjacent properties. Should problems arise..
they can be considered upon review of the CUP on an annual bas=.3.
The right-of-entry requirement has been added to the resolution
(italics).
Staffhas contacted the Department of Health (Bruce Olson) rega::iling
the apparent 50-foot gravel pit and aquifer separation. There is no
separation requirement from the bottom of a gravel pit to the aqu::::fer.
The Department of Health would like to performance standards
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(conditions) such as no large amounts offuel stored on site and
measures taken to prevent public from dumping on site (secured gae
or fence).
The City Engineer concurs with this recommendation. It would be in
the best interest to removal the on site fuel storage. Fueling could take
place from portable fuel trucks or off site. This would eliminate any
possible contamination and not significantly alter the operation of the
gravel pit. This condition has been added to the resolution (italics). A
condition regarding securing the site from the public with a gate/fence
has also been added to the resolution.
Conclusion: Planning Commission and staff have concluded the
proposed excavation of sand and gravel is reasonable and not
detrimental to the community. The Planning Commission and staff
recommend approval of this request subject to the following
conditions:
These conditions must be met prior to the recording of the
resolution:
1. A one for one replacement of trees removed, (42 caliper inches) is
to be completed as part of the reclamation and staging plan.
Landscaping plan to indicate this additional replacement.
Plantings are to be installed upon completion of phases.
2. Landscaping of 1 tree per 10 lineal feet of berm is to be installed as
per item 7 on Recapitulation of CUP Application submitted by
Ryan Contracting. A complete landscape plan is to be submined
including these trees and the additional 10 perimeter trees as
shown on the proposed landscape plan. P1antings are to be
installed upon completed of phases.
3. Driveway from the public street to the parking lot is to be
hardsurfaced (paved) and shown on the plans.
4. Screen parking area with additional plantings. This is to be sbown
on a revised landscaping plan.
5. Revise storm water calculations per Engineering Memo dated
11/19/99.
6. A right of entry agreement, as approved by the City Attorney, is to
be signed by the property owners and applicant to allow for City
access to the site and inspecting, should the applicant not complete
the work as intended and allow the City to complete the work ......ith
funds from the LOC.
7. Letter of Credit, to be approved by the City Attorney, is tD be
submitted prior to the recording of the resolution. The amount of
the LOC is to include $125,000 for McKenna Road maintenunce
and 125% of the (yet to be) submitted estimates for the paved
driveway and parking area, and landscaping costs.
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8. An Assent Form, as required by ordinance, is to be signed b;:..' the
applicant and all property owners.
These conditions must be met prior to beginning work:
1. Proposed traffic signs require approval from the City Engineer and
must meet MN Uniform Traffic Control Devices standards. Sings
must be installed prior to beginning work.
2. The required PCA permits must be obtained, and copies prov.-ided
to the City, prior to beginning work.
3. Driveway from the public street to the parking lot is to be
hardsurfaced (paved) and installed prior to beginning work.
4. A secured gate or fence, to be approved by the City Engineer, is to
installed prior to beginning work.
5. Parking area and parking lot screening is to be completed by July
1,2000.
6. The resolution approving the CUP is to be recorded on all affected
properties and proof of such recording presented to the Plarnning
Department.
These conditions are ongoing and must be met at all times:
1. No lighting permitted on site.
2. Separate sign permits required for commercial signage.
3. Project Plan Book submitted by Ryan Contracting is an Exhibit to
the CUP for approval.
(1) Hours of operation are 6 a.m. to 8 p.m. weekdays and 8 a.m. to 12
noon on Saturdays.
5. Annual water quality testing is to be submitted to the city as part of
the annual renewal of the CUP. The current water quality of the
wetland is to be maintained. A list of petroleum and detergents
used on site is to be provided to the City.
6. Water use for dust control of greater than 10,000 gallons per day or
1 million gallons per year requires a DNR permit. The operation
of the pit cannot result in the drainage or other degradation of the
DNR protected wetland.
7. Watering for dust control will be done within 24 hours written
notice from the City Engineer on an as needed basis.
8. No on site fuel storage is permitted.
9. The CUP is valid for one year. Renewal of the CUP is subject to
City Council approval and is to include a staging plan to date,
reclamation to date, along with road quality, wetland quality~ and
air quality reports submitted by qualified professionals.
FISCAL IMPACT:
Budget Impact: The CUP will have no fiscal impact on the City as a
security for any costs to the City will be held.
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ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
The City Council has two alternatives:
1. Adopt Resolution #OO-XX approving the Conditional Use Permit
for Ryan Contracting subject to the listed conditions.
2. Deny the Conditional Use Permit on the basis they are inconsistent
with the purpose and intent of the Zoning Ordinance and/or the
Comprehensive Plan. In this case, the Council should direct the
staff to prepare a resolution with findings of fact for the denial oJ
these requests. .
Staff recommends alternative # 1.
1. A motion and se ond to approve Resolution OO-XX approving the
Conditional Us /Permit, subject to the listed conditions.
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CONDITIONAL USE PERMIT
RESOLUTION OO-XX
APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXCAVATION OF SAl'\-U
AND GRAVEL ON PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 22, T 115, R22 FOR RYAN CONTRACTING
MOTION BY: SECOND BY:
WHEREAS, the Prior Lake Planning Commission conducted a public hearing on
November 8, 1999, to consider an application from Ryan Contracting for a
Conditional Use Permit (CUP) to allow excavation of sand and gravel and 6e
City Council heard the case on December 6, 1999; and
WHEREAS, On December 6, 1999, the City Council continued the public hearing 10
January 18,2000 to allow time for a workshop on the request to be held a::J.d
said workshop was held on January 3, 2000; and
WHEREAS, Notice of the public hearing on said CUP has been duly published ID
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, the Planning Commission proceeded to hear all persons interested in t:ris
issue and persons interested were afforded the opportunity to present tl:eir
views and objections related to the CUP for Ryan Contracting; and
WHEREAS, the Planning Commission and City Council find the CUP for Excavation Df
Sand and Gravel located in the SE Quarter of Section 22, T115, R22 for Ry.an
Contracting in harmony with existing development in the area surrouncE:1g
the project; and
WHEREAS, the Planning Commission and City Council find the proposed CUP is
compatible with the stated purposes and intent of the Zoning Ordinance 1lS
they relate to conditionally permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 1108 a::J.d
Section 1101.509 (2) Excavation of the Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
that it hereby adopts the following findings:
FINDINGS
16200 ~~YJiter'Z~~u,R.'3t<g~~sr>~P~fegke, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~~7-4245
AN EQUAL OPPORTUNITY EMPLOYER
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1. The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
2. The use will not be detrimental to the health, safety, morals 'and general welfare of the
community as a whole.
3. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Conditional Use is located.
4. The use will not have undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed.
5. The use will not have undue adverse impacts on the use and enjoyment of properties in
close proximity to the conditional use.
6. The use is compatible with the general welfare, public safety and neighborhood
character.
BE IT FURTHER RESOLVED, THE CITY COUNCIL OF THE CITY OF PRIOR LAKE
approves the CUP for Ryan Contracting on the property legally described as follows:
The Northwest Quarter of the Southeast Quarter of Section 22, Township 115, Range 22, except the West
Half of said Northwest Quarter of the Southeast Quarter, Scott County, Minnesota; and
The West 990.00 feet (as measured at right angles) of the northeast quarter of the Southeast Quarter of
Section 22, Township 115, Range 22 EXCEPTING therefrom the following: The south 622.29 feet of the
West 700.00 feet (as measured at right angles to the south and west lines) of said Northeast Quarter of the
Southeast Quarter. Containing 20 acres more or less.
BE IT FURTHER RESOLVED, approval of the CUP is subject to the following:
These conditions must be met prior to the recording of the resolution:
1. A one for one replacement of trees removed, (42 caliper inches) is to be
completed as part of the reclamation and staging plan. Landscaping plan to
indicate this additional replacement. Plantings are to be installed upon
completion of phases.
2. Landscaping of 1 tree per 10 lineal feet of berm is to be installed as per
item 7 on Recapitulation of CUP Application submitted by Ryan
Contracting. A complete landscape plan is to be submitted including these
trees and the additional 10 perimeter trees as shown on the proposed
landscape plan. Plantings are to be installed upon completed of phases.
3. Driveway from the public street to the parking lot is to be hardsurfaced
(paved) and shown on the plans.
4. Screen parking area with additional plantings. This is to be shown on a
revised landscaping plan.
5. Revise storm water calculations per Engineering Memo dated 11/19/99.
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6. A right of entry agreement, as approved by the City Attorney, is to be
signed by the property owners and applicant to allow for City access to the
site and inspecting, should the applicant not complete the work as intended
and allow the City to complete the work with funds from the LOC.
7. Letter of Credit, on a fonn provided by the City and approved by the CiJy
Attorney, is to be submitted prior to the recording of the resolution. Tbe
amount of the LOC is' to include $125,000 for McKenna Road
maintenance and 125% of the (yet to be) submitted estimates for the paved
driveway and parking area, and landscaping costs.
8. An Assent Form, as required by ordinance, is to be signed by the applicant
and all property owners.
These conditions must be met prior to beginning work:
1. Proposed traffic signs require approval from the City Engineer and mUlSt
meet MN Uniform Traffic Control Devices standards. Sings must be
installed prior to beginning work.
2. The required PCA permits must be obtained, and copies provided to De
City, prior to beginning work.
3. Driveway from the public street to the parking lot is to be hardsurfaced
(paved) and installed prior to beginning work.
4. A secured gate or fence, to be approved by the City Engineer, is to be
installed prior to beginning work.
5. Parking area and parking lot screening is to be completed by July 1,2000..
6. The resolution approving the CUP is to be recorded on all affected
properties and proof of such recording presented to the Planning
Department.
These conditions are ongoing and must be met at all times:
1. No lighting permitted on site.
2. Separate sign permits required for commercial signage.
3. Project Plan Book submitted by Ryan Contracting is an Exhibit to 6e
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CUP for approval.{;' ')
j7S./ Iii {{'G. Hours of operation are 6 a.m. to 8 p.m. weekday~and 8 a.m. tv 12 nOOR em
-8atuIdaJs.
5. Annual water quality testing is to be submitted to the city as part of 6e
annual renewal of the CUP. The current water quality of the wetland is 1:0
be maintained. A list of petroleum and detergents used on site is to be
provided to the City.
6. Water use for dust control of greater than 10,000 gallons per day or 1
million gallons per year requires a DNR permit. The operation of the pit
cannot result in the drainage or other degradation of the DNR protected
wetland.
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,-1/ v 17~ W~g for dust control will be done within 24 hoors written notice from
r"" - -r-, -r:' r - )ke CIty Engmeer on an as needed basIs.
I U V I '\ ~ . /.8( No on site fuel storage is permitted.
f \llllt / 9. The CUP is valid for one year. At the expiration of its one (1) year term,
f, t\l' // the property owner may make applIcatIOn to the CIty to renew thIS CUP.
I~Y / / The initial approval of this CUP does not create any right, in law or equity,
\~ to the renewal thereof. Any renewal of the CUP is subject to City Council
approval and is to include a staging plan to date, reclamation to date, along
with road quality, wetland quality, air quality reports submitted by
qualified professionals and any other such information as requested by
City staff or the City Council that would aid the City Council in
determining whether the excavation activities conducted pursuant to this
CUP created any adverse impacts to the health, safety or welfare of the
City or its residents.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use
Permit for Ryan Contracting. The contents of Planning Case File #99-075 are hereby entered into
and made a part of the public record and the record of the decision for this case.
Passed and adopted this 18th day of January 2000.
YES
NO
Mader
Ericson
Gundlach
Petersen
Schenck
Mader
Ericson
Gundlach
Petersen
Schenck
{Seal}
City Manager,
City of Prior Lake
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Page 4
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
DECEMBER 6, 1999
9A
JENNI TOVAR, PLANNER
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 99-XX
APPROVING THE CONDITIONAL USE PERMIT FOR
EXCAVATION OF SAND AND GRAVEL FOR RYAN
CONTRACTING ON PROPERTY LOCATED IN THE SOUTH
EAST QUARTER SECTION OF SECTION 22, T 115, R22,
LOCATED ON MCKENNA ROAD
History: On September 29, 1999, a completed application was
received for the excavation of sand and gravel from property located in
the SE ~, Section 22, Township 115, Range 22. This propeny is
owned by Richard McKenna and Joseph and Carolyn Kinney. Dr..l.:' to
an error in the legal description provided and upon recommendatilOTI of
staff, the Planning Commission opened the public hearing on Oc~ober
25, 1999 and continued it to November 8, 1999. On Novem~ 8,
1999 the Planning Commission recommended the City CCi:1Ilcil
approve the CUP with conditions.
Ryan Contracting is proposing to operate a sand and gravel rrD:ring
operation. The operation will consist of mining and processing
including descreening, stockpiling, and sale of product. Aggregate
washing or operation of an asphalt plant is not a part of this operation.
Ryan intends to operate at the site for approximately 10 year::: and
remove 500,000 cubic yards of materials. The materials mined "viTI be
used for road construction and general fill. The operation wiD run
from 6 a.m. -8 p.m. Monday through Friday and 8 a.m.-5p.ID. on
Saturdays. Attached is a 5-page submittal from Ryan Contracting
specifying the details of the proposed operation.
Current Circumstances: The subject site consists of approximatei0"
30 acres with 13 acres included in the mining plan. Section 1101.:509
Grading, Filling, Land Reclamation, Excavation requires a Condit:!cmal
Use Permit for excavation of more than 400 cubic yards. An
Environmental Assessment Worksheet is not required by statute. The
City may, however, require one be completed. After meeting with
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4-;-:--4245
AN EQUAL OPPORTUNITY EMPLOYER
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Ryan Contracting, and evaluating the materials submitted before and
after the November 8th Planning Commission public hearing, staff feels
the issues that would be raised with an EA W can be addressed with
our review.
The Issues: The proposed Conditional Use Permit should be reviewed
in accordance with the criteria found in Section 1108 of the City Code
and Section 1101.509. Section 1101.509 is the provision on Grading,
Filling, Land Reclamation, and Excavation. The criteria are shown
below:
Citv Code 11 01.509 (2) Excavation.
Excavation of material exceeding 400 cubic yards of sand, gravel, or
other material from the land shall be permitted only by CUP. The
permit application shall include, but is not limited to, a site plan which
shows the finished grade of the land after the excavation has been
completed, the effect of the proposed excavation upon the community
and the adjacent land, the type of material to be extracted from the
land, the type of equipment to be used, the period of time the
excavation operation will be conducted, plans for implementation of
measures to guarantee safety of the site and the excavation operation,
plans for rodent and other animal control, fire control, general
maintenance of the site and adjacent area, providing for control of
material hauled to or from the site, and controls to be employed to
limit the effect of wind or other elements on the site and the material
extracted from the site.
The permit application shall include a plan which shows the routes of
trucks moving to and from the site to remove material from the site, an
inventory of significant trees on the site, and other pertinent
information necessary to the decision whether to approve the CUP.
No permit shall be granted for a period longer than 12 months.
The CUP shall impose conditions upon the owner of the land to be
excavated and the person performing the excavation operation which
will prevent damage to the community and adjacent landowners
during the course of the excavation operation. Those conditions may
impose restrictions in all areas affecting the excavation operation and
the City may require a Letter of Credit to insure the conditions
imposed and the completion of the work will be performed in the
manner described in the plan and CUP.
The issues listed below are responses to the ordinance criteria and to
the information discussed at the November 8th Planning Commission
public hearing. The notebook dates November 19, 1999 provides the
complete Ryan application with all amendments made.
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1. Submit a landscape plan prepared by a registered land$cape
architect, with one planting per 40 feet of site perimeter, as
required by City Ordinance.
City Ordinance requires 1 tree per 40 feet of site perimeter. 90 'Trees
are required to be planted on the site. Credit is given for existing
materials. There are 94 existing trees on site meeting the size and
species of the Ordinance. Only one of these trees is to be remoY-zd as
part of the excavation operations. Since the remaining 93 trees vvill be
preserved, no additional plantings are required as a part of the
Landscape Ordinance.
2. Submit a tree inventory and a tree preservation plan indic:ating
the specific trees to be removed and replacement as required per
City Ordinance.
There are 1,540 total significant caliper inches on the site. 25% orr 345
caliper inches can be removed without replacement. The applicant is
proposing to remove one 42-inch tree or 3% of the total caliper iruches.
The Tree Preservation Plan meets the ordinance.
3. Submit expanded reclamation plan indicating how the area
will be graded and reclaimed so as to be suitable for fmture
residential use. A staging plan for reclaiming the site as it is
completed must be a part of this. The site should be restored with
top soil, seed and additional landscaping to control dust as sOt'On as
possible after staging areas have been mined.
The applicants have provided letters from the property owners ~--ating
their future intended use is agriculturaL The property owners are
satisfied with the future reclamation as it relates to their future
proposed use. At this time, until utilities are available the proposed
future use of agricultural is reasonable. The Comprehensive Land Use
Plan designates this property as RL/MD (Low to medium density
residential). A future residential development will be possible on the
site as slopes will not exceed 3: 1.
4. Submit a site plan indicating proposed structures (including
temporary restroom facilities), and fixed equipment with setbacks
and proposed fueling areas. Any fueling areas and tanks sllould
be located on an impervious surface and meet structure setb:;acks.
Specifications for the parking area should be submitted and
compliant with City Code requirements (paved with curb) and
setbacks indicated. Parking area and equipment storage :areas
should be screened. Fixed equipment and parking will not be
permitted over a lot line and must meet all required setbacks. A
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contingency plan must be submitted and approved by the City
Engineer for properly handling all fuel spills related to fixed tanks
or equipment.
The screen plant is 150 feet from the nearest property line and tbe
parking area is 100 feet from the nearest property lines. This exceeds
the minimum required setbacks per ordinance. Specifications on tbe
fuel storage container have been provided. It is an enclosure which
prohibits leaking into the ground by design. The applicant will pave
and provide curbing of the parking area. All fixed equipment ,,,ill
meet setbacks. The parking area needs to be screened. This is 2:I1
outstanding condition made a part of the resolution.
5. Submit a plan for continual monitoring of water quality. A
report shall be submitted prior to beginning mining, with reports
submitted to the city on a regular basis. A plan for maintainmg
the current quality of water in the area must be submitted prior to
beginning work.
A letter from Ryan states annual testing of the wetland will be
submitted to the City. An attached letter from Braun Engineering lists
the chemicals to be monitored. This is acceptable and is made a
condition ofthe resolution.
6. The storm water calculations were prepared by an engineer
and the drainage plan was prepared by a land surveyor. The
grading plan should clearly indicate property lines and proposed
grades and berming. The grading plan should be revised as
follows: Additional silt fence is needed on the SW corner of tl!le
site. Hydrologic/hydraulic calculations needed for 2,10 & 100 ye:ar
event storms showing existing and proposed run-off rates from tl!le
site in cubic feet per second (CFS), pond slopes below normal
water level are to be 6:1 slope, 4:1 slopes required above tlne
normal water level of the sediment ponds, all other grades cannot
exceed 3:1.
A revised grading plan was submitted and is acceptable. However,
hydrologiclhydraulic calculations submitted are inadequate (Meno
11/19/99 from Sue McDermott). The proper information (directivn
and rate of run-off) must be submitted prior to the recording of !.be
resolution and is a condition of approval.
7. DNR issues include protection of DNR wetland #70-24nY.
Water use for dust control of greater than 10,000 gallons per day
or 1 million gallons per year requires a DNR permit. Provide a
schedule with quantities and specific water sources for dewatering.
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The operation of the pit cannot result in the drainage or other
degradation of the DNR protected wetland.
This is a condition of the resolution.
8. A letter of credit must be submitted. The LOC will be for
125% of landscaping costs, road maintenance/reconstruction, and
environmental testing/inspections to ensure compliance with the
CUP. Estimates or bids must be submitted for the required
landscaping. Esthnates for road maintenance and environmental
testing must also be submitted and approved by the City Engineer.
An estimate has been submitted and is acceptable. A LOC acceptable
to the City Attorney must be submitted prior to recording the
resolution. This is a condition listed on the resolution.
9. Submit plan for dust control. Water what, where, when?
The applicant has submitted a letter identifying dust control methods.
They will water the site within 24 hours of city notification if needed.
This is a condition in the resolution.
10. Submit plans for maintenance, upgrading, clean up, and safety
of McKenna Road/CSAH 42.
The applicant met with the engineering staff regarding this concern.
The applicant intends to maintain the current condition of McKenna
Road throughout the excavation. A LOC will be posted with the city
for maintenance and/or repair. The condition of McKenna road will be
reviewed on an annual basis as a part of renewal of the CUP. The
applicant is responsible for maintain the current condition of McKenna
Road.
11. The CUP is valid for one year. Renewal of the CUP is to
include a staging plan to date, reclamation to date, along with
water quality, road quality, wetland quality, and air quality
reports submitted by qualified professionals.
This is a condition listed in the resolution.
CONDITIONAL USE PERMIT (CUP) ANALYSIS:
Section 1108.200 of the City Code sets forth the criteria for approval
ofa CUP:
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( I
(1) The use is consistent with and supportive of the goals and
policies of the Comprehensive Plan.
Objective 5, under the goal of Security, is to Provide for conservation
and protection of the natural environment. The policies include
providing adequate regulation to prevent the development of endeavors
which will create a hazard to the environment and to require
developers to retain the natural environment as much as possible. The
conditions set forth in this CUP address environmental hazards and
require land reclamation and site restoration.
Another policy of the Comprehensive Plan is to require developers to
retain the natural environment as much as possible. Considering the
proposed mining operation, it is difficult to restore the site to a natural
condition. The Landscape ordinance allows for credit for existing
materials preserved and the project complies with the Tree
Preservation Plan with removal of less than 25% of the total caliper
inches. A condition of the CUP should require exact replacement of
trees removed (42 caliper inches) to restore the natural environment as
much as possible.
The Comprehensive Land Use guide plan, designates the future land
use as single family residential. The reclamation plan is acceptable to
the property owners for their current and future agricultural use.
(2) The use will not be detrimental to the health, safety,
morals and general welfare of the community as a whole.
Based on staff and Planning Commission review, the proposed use
will not be detrimental to the health, safety, morals and general welfare
of the community. Annual review of the CUP will ensure ongoing
protection ofthe community.
(3) The use is consistent with the intent and purpose of the
Zoning Ordinance and the Use District in which the Conditional
Use is located.
Section 1101.509 of the Zoning Ordinance allows Grading, Filling and
Land Reclamation as a Conditional Use within any zoning district.
The conditions set forth in the Zoning Ordinance will be met with the
issuance ofthe Conditional Use permit.
(4) The use will not have undue adverse impacts on
governmental facilities, services, or improvements which are either
existing or proposed.
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The use will not have adverse impacts on governmental facili!ies,
services or improvements as the applicant will be responsible for
maintaining the condition of McKenna Road and CR 42 as is exists
prior to the issuance of the CUP. In order to ensure this, it is necessary
to require a Letter Of Credit (LOC) for the maintenance of McKenna
Road. Costs related to the proposed use, such as expenses for
inspections and testing, will be borne by the applicant.
(5) The use will not have undue adverse impacts on the- use
and enjoyment of properties in close proximity to the conditional
use.
The use will not have undue adverse impacts on the use and enjoyment
of properties in close proximity as the proposed mining operation is
located approximately 30 acres of which only 13 acres will be mined.
The property owners have signed the application, giving their COI:ilSent
for the proposed use. The property to the north is agricultural irn use
and the nearest residence is approximately 185 feet from the prop'osed
area to be disturbed (McKenna residence). The next closest dweilling
is approximately 325 feet from the area to be disturbed.
Staff does not anticipate development in the area to occur until utillities
are extended. Under the Comprehensive Plan, this could and "\\;'11
occur at some point in the future. (Staff expects this to be at least 10
years.) However, development will be driven by property O~TIers
desire to develop the area and would not necessarily be prohibited to
do so under the Comprehensive Plan or Zoning Ordinance.
The applicant will be responsible for inspections and testing to assure
maintained quality of roads, trees, and wetlands. Costs related un the
proposed use, such as expenses for inspections and testing, will be
borne by the applicant.
(6) The use is subject to the design and other requiremeDts of
site and landscape plans prepared by or under the direction of a
professional landscape architect, or civil engineer registered m the
State of Minnesota, approved by the City Council and
incorporated as part of the conditions imposed on the use by the
City Council.
One tree per 40 feet of site perimeter is required. Credit is given for
existing materials. The existing 94 trees are sufficient to meet the 90
trees required on site. A complete tree preservation plan has been
submitted. 25% Of the total caliper inches can be removed withoe!
replacement and the applicant is proposing to remove one tree (3~''JI of
total inches). Compliance with these provisions exists.
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T I
(7) The use is subject to drainage and utility plans prepared
by a professional civil engineer registered in the State of
Minnesota which illustrate locations of city water, city sewer, fire
hydrants, manholes, power, telephone and cable lines, natural gas
mains, and other service facilities. The plans shall be included as
part of the conditions set forth in the CUP approved by the City
Council.
The storm water calculations and drainage plan were prepared by a
professional engineer. No utilities are planned such as water, sewer,
electricity, gas, or telephone. Additional storm water information is
needed and has been made a condition of the resolution.
(8) The use is subject to such other additional conditions
which the City Council may find necessary to protect the general
welfare, public safety and neighborhood character. Such
additional conditions may be imposed in those situations where the
other dimensional standards, performance standards, conditions
or requirements in this Ordinance are insufficient to achieve the
objectives contained in subsection 1108.202. In these
circumstances, the City Council may impose restrictions and
conditions on the CUP which are more stringent than those set
forth in the Ordinance and which are consistent with the general
conditions above. The additional conditions shall be set forth in
the CUP approved by the City Council.
Additional conditions are being recommended based on the issues
addressed with specific review of City Code 1101.509 Grading,
Filling, Land Reclamation and Excavation, the DNR Handbook for
Reclaiming Mining Sites, staff review, and public comments received.
Conclusion: Planning Commission and staff have concluded the
proposed excavation of sand and gravel is reasonable and not
detrimental to the community. The Planning Commission and staff
recommend approval of this request subject to the following
conditions:
These conditions must be met prior to the recording of the
resolution:
1. A one for one replacement oftrees removed, (42 caliper inches) is
to be completed as part of the reclamation and staging plan.
Landscaping plan to indicate this additional replacement.
Plantings are to be installed upon completion of phases.
2. Landscaping of I tree per 10 lineal feet of berm is to be installed as
per item 7 on Recapitulation of CUP Application submitted by
Ryan Contracting. A complete landscape plan is to be submitted
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FISCAL IMPACT:
ALTERNATIVES:
including these trees and the additional 10 perimeter c-ees as
shown on the proposed landscape plan. Plantings are to be
installed upon completed of phases.
3. Driveway from the public street to the parking lot is to be
hardsurfaced (paved) prior to beginning work.
4. Screen parking area with additional plantings. This is to be Shown
on a revised landscaping plan.
5. Revise storm water calculations per Engineering Memo dated
11/19/99.
6. Letter of Credit, to be approved by the City Attorney, is to be
submitted prior to the recording of the resolution.
These conditions are ongoing and must be met at aU times:
1. No lighting permitted on site.
2. Separate sign permits required for commercial signage.
3. Proposed traffic signs require approval from the City En~ and
must meet MN Uniform Traffic Control Devices standards.
4. The required PCA permits must be obtained, and copies {lC)vided
to the City, prior to beginning work.
5. Project Plan Book submitted by Ryan Contracting is an Ex::noit to
the CUP for approval.
6. Hours of operation on Saturdays are limited to 8:00 a.m. tc 12:00
noon.
7. Parking area is to be completed by July 1, 1999.
8. Annual water quality testing is to be submitted to the city as ?art of
the annual renewal of the CUP. The current water qualit:! of the
wetland is to be maintained. A list of petroleum and de~gents
used on site is to be provided to the City.
9. Water use for dust control of greater than 10,000 gallons per jay or
1 million gallons per year requires a DNR permit. The operation
of the pit cannot result in the drainage or other degradatior:. of the
DNR protected wetland.
10. Watering for dust control will be done within 24 hours ~tten
notice from the City Engineer on an as needed basis.
11. The CUP is valid for one year. Renewal of the CUP is to im:-Jude a
staging plan to date, reclamation to date, along with road '~ality,
wetland quality, and air quality reports submitted by ~fied
professionals.
Budflet Impact: The CUP will have no fiscal impact on the Cit::.'- :is a
security for any costs to the City will be held.
The City Council has three altematives:
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I I
RECOMMENDED
MOTION:
REVIEWED BY:
1. Adopt Resolution #99-XX approving the Conditional Use Permit
for Ryan Contracting subject to the listed conditions.
2. Deny the Conditional Use Permit on the basis they are inconsistent
with the purpose and intent of the Zon_ing Ordinance and/or the
Comprehensive Plan. In this case, the Council should direct the
staff to prepare a resolution with findings of fact for the denial of
these requests.
3. Defer consideration of this item for specific reasons.
Staff recommends alternative # 1.
1. A motion and second to approve Resolution 99-XX approving the
Conditional Use Pe it, subject to the listed conditions.
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CONDITIONAL USE PERMIT
RESOLUTION 99-XX
APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXCAVATION OF SA.'\'D
AND GRAVEL ON PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 22, T 115, R22 FOR RYAN CONTRACTING
MOTION BY: SECOND BY:
WHEREAS, the Prior Lake Planning Commission conducted a public hearing OJ:..
November 8, 1999, to consider an application from Ryan Contracting for :c.
Conditional Use Permit (CUP) to allow excavation of sand and gravel and tl::e
City Council heard the case on December 6, 1999; and
WHEREAS, notice of the public hearing on said CUP has been duly published :c
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, the Planning Commission proceeded to hear all persons interested in tnT''''
issue and persons interested were afforded the opportunity to present the~
views and objections related to the CUP for Ryan Contracting; and
WHEREAS, the Planning Commission and City Council find the CUP for Excavation cO:
Sand and Gravel located in the SE Quarter of Section 22, T115, R22 for Rya=.
Contracting in harmony with existing development in the area surround~
the project; and
WHEREAS, the Planning Commission and City Council find the proposed CUP i5
compatible with the stated purposes and intent of the Zoning Ordinance a5
they relate to conditionally permitted uses, and further, that the propose:::'
CUP meets the criteria for approval of CUP as contained in Section 1108 anc.
Section 1101.509 (2) Excavation of the Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
that it hereby adopts the following findings:
FINDINGS
1. The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
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16200 Eagle Creek Ave_ S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4~--4245
AN EQUAL OPPORTUNITY EMPLOYER
I I
--...,..------ --- ---'-".~._-
2. The use will not be detrimental to the health, safety, morals and general welfare of the
community as a whole.
3. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Conditional Use is located.
4. The use will not have undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed.
5. The use will not have undue adverse impacts on the use and enjoyment of properties in
close proximity to the conditional use.
6. The use is compatible with the general welfare, public safety and neighborhood
character.
BE IT FURTHER RESOLVED, THE CITY COUNCIL OF THE CITY OF PRIOR LAKE
approves the CUP for Ryan Contracting on the property legally described as follows:
The Northwest Quarter of the Southeast Quarter of Section 22, Township 115, Range 22, except
the West Half of said Northwest Quarter of the Southeast Quarter, Scott County, Minnesota; and
The West 990.00 feet (as measured at right angles) of the northeast quarter of the Southeast
Quarter of Section 22, Township 115, Range 22 EXCEPTING therefrom the following: The south
622.29 feet of the West 700.00 feet (as measured at right angles to the south and west lines) of
said Northeast Quarter of the Southeast Quarter. Containing 20 acres more or less.
BE IT FURTHER RESOLVED, approval of the CUP These
condition must be met prior to the recording of the
resolution:
1. A one for one replacement of trees removed, (42 caliper
inches) is to be completed as part of the reclamation and
staging plan. Landscaping plan to indicate this additional
replacement.
2. Landscaping of 1 tree per 10 feet of berm is to be install as
per item 7 on Recapitulation of CUP Application submitted
by Ryan Contracting. A complete landscape plan is to be
submitted including these trees and the additional 10
perimeter trees as shown on the proposed landscape plan.
3. Driveway from the public street to the parking lot is to be
hardsurfaced (paved) prior to beginning work:
4. Screen parking area with additional plantings. This is to be
shown on a revised landscaping plan.
5. Revise storm water calculations per Engineering Memo
dated 11/19/99.
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Page 2
6. Letter of Credit, to be approved by the City Attorney, is tlO
be submitted prior to the recording of the resolution.
7. The resolution must be recorded and proof of recording
submitted to the Planning Department prior to beginning
work. An Assent Form must be signed and, pursuant to
Section 1108.400 of the City Code, the CUP will be nuB
and void if .the necessary permits are not obtained for the
proposed structures within one year after adoption of this
resolution.
These conditions are ongoing and must be met at all times:
1. No lighting permitted on site.
2. Separate sign permits required for commercial signage.
3. Proposed traffic signs require approval from the Cit:y
Engineer and must meet MN Uniform Traffic Control
Devices standards.
4. The required PCA permits must be obtained, and copies
provided to the City, prior to beginning work.
5. Project Plan Book submitted by Ryan Contracting is a::l
Exhibit to the CUP for approval.
6. Hours of operation on Saturdays are limited to 8:00 a.m. tlO
12:00 noon.
7. Parking area is to be completed by July 1, 1999.
8. Annual water quality testing is to be submitted to the cit:.v
as part of the annual renewal of the CUP. The currenT
water quality is to be maintained. A list of petroleum and
detergents used on the site is to be provided to the City.
9. Water use for dust control of greater than 10,000 gallons
per day or 1 million gallons per year requires a DNR
permit. The operation of the pit cannot result in fue
drainage or other degradation of the DNR protected
wetland.
10. Watering for dust control will be done within 24 hour5
written notice from the City Engineer on an as needed
basis.
11. The CUP is valid for one year. Renewal of the CUP is tlO
include a staging plan to date, reclamation to date, along
with road quality, wetland quality, and air quality report5
submitted by qualified professionals.
CONCLUSION
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Page 3
I T T
. --.--y----------.------.-.--..-..-...-- ......-..--.--...
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use
Permit for Ryan Contracting. The contents of Planning Case File #99-075 are hereby entered into
and made a part of the public record and the record of the decision for this case.
Passed and adopted this 6th day of December, 1999.
YES
NO
Mader
Kedrowski
Petersen
Schenck
Wuellner
Mader
Kedrowski
Petersen
Schenck
Wuellner
{Seal} City Manager,
City of Prior Lake
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Planning Commission Minutes
November 8, 1999
COUNTY ROAD 21 AND FISH POINT ROAD. ALSO ADDRESS THE ISSUE OF
PRIVATE TRAILS AND ROADWAYS IN THE DEVELOPMENTS AS INDICATED
IN THE STAFF REPORT. INCLUDE AN EXPLANATION OF OUTLOT A - THE
OWNERSHIP AND USE OF THE LOT. ADDRESS THE DESIGN OF MAPLE
CURVE - RECOMMEND INCREASING THE 24 FOOT WIDTH TO 32 FEET. ALL
PRIVATE STREETS IN THE DEVELOPMENT SHOULD BE BUILT TO PUBLIC
STREET STANDARDS.
CRAMER AMENDED THE MOTION TO UPDATE THE TRAFFIC STUDY TO THE
NORTH INCLUDING THE EXTENSION. SECOND BY STAMSON.
Vote taken indicated ayes by all. MOTION CARRIED.
A recess was called at 8:40 p.m. The meeting reconvened at 8:50 p.m.
-~
B. Case File 99-075 Ryan Contracting is requesting a Conditional Use Permit
for grading, filling, land reclamation and excavation. The applicant is intending to
operate a sand and gravel mining operation.
Planner Jenni Tovar presented the Planning Report dated November 8, 1999, on file in
the office ofthe City Planner.
On September 29, 1999, a completed application was received for the excavation of sand
and gravel from property located in the SE~, Section 22, Township 115, Range 22. This
property is owned by Richard McKenna and Joseph and Carolyn Kinney. Due to an error
in the legal description, upon recommendation staff, the Planning Commission opened
the public hearing on October 25, 1999 and continued it to November 8, 1999.
Ryan Contracting is proposing to operate a sand and gravel mining operation. The
operation will consist of mining and processing including descreening, stockpiling, and
sale of product. Aggregate washing or operation of an asphalt plant is not a part of this
operation. Ryan intends to operate at the site for approximately 10 years and remove
500,000 cubic yards of materials. The materials mined will be used for road constructioTh
and general fill. The operation will run from 6 a.m. to 8 p.m. Monday through Friday and
8 a.m. to 5 p.m. on Saturdays.
Staff received necessary information on Wednesday but were unable to review before the
packets went out. The staff has since reviewed the information and felt the outstanding
conditions and concerns were met. Staff recommended approval with the 5 conditions
listed in the Planning Report.
Tom Ryan, President of Ryan Contracting, explained the Conditional Use Permit request
was to use the natural aggregate resources in the property and through the process address
all environmental issues and concerns by staff.
f:\dept\planning\99fi1es\99plcomm\pcmin\mn II0899.doc 6
1 I
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Planning Commission Minutes
November 8, 1999
Comments from the public:
Craig Ahlman, 13799 McKenna Road, said he did not want this project next to his
property. His other concerns are the truck traffic and times of operation. It is a long and
big operation for the area.
Rick Palla, 13755 McKenna Road, said he and his neighbors fought a gravel pit 10 years
ago when the same family was trying put in an adjoining pit. Many residents fought the
proposal and won. In the end, the Dakota Community bought the land. Palla felt his
weekends offwill be spent next to a mining pit. Tovar explained the surrounding
properties. Palla felt there was a lot oftraffic in the area right now and was concerned for
truck traffic. He felt the hours proposed are unreasonable and stated no one wants to live
next to a gravel pit.
Tovar explained the City sent notices to residents within 350 feet ofthe project. The City
also sent out a review request to the Dakota Community prior to the report. There is a
letter in the Commissioner's packets from the Community with their concerns.
Tom Ryan, the applicant, commented they had a grading permit two years ago and
voluntarily stopped mining until the City could change their conditional use permit
process. Ryan said they want to be a positive force in the community. He went on to say
they might be done in 3 years, hopefully they would not be mining in the area for 10
years, but it is unknown. They felt 10 years was suitable. The renewal is on an annual
basis and if there are problems they can be brought up yearly. Concerning the hours of
operation, Ryan said it is very unlikely they would be working during non-construction
season. One of the conditions is no lighting. They cannot work in the dark and do not
like to work on Saturdays. They are just trying to leave some leeway to work
sufficiently.
Evonne Anderson, 13222 Pike Lake Trail, representing the Southdale YMCA questioned
the County Road 21 expansion and how it fits in the Watershed District. They are
concerned with the high water at Pike Lake. Anderson also questioned the truck traffic
on County Roads 16 and 42. They want to make sure there are safety precautions.
Rye responded the County Road 21 alignment will be 300 to 400 feet from the property.
McDermott pointed out a letter from the Watershed District indicating they would not
look at the permit until the City approves the project.
Tyler Enright of Ryan Contracting explained the proposed traffic flow stating County
Road 16 will not be used.
The public hearing was closed at 9:12 p.m.
Comments from the Commissioners:
f:\dept\planning\99fi1es\99p1comm\pcmin\mn 11 0899_doc 7
Planning Commission Minutes
November 8, 1999
Cramer:
. Did not agree with staffs recommendation to approve.
. Shepherd of the Lake Church is proposing a campus at the comer of County Road 42
and Pike Lake Trail.
. That portion of County 42 and McKenna is cut down to 2 lanes and is notorious for
being a danger area.
. The Dakota Community indicated they had concerns with a nearby well.
. McDermott responded the issue is addressed in Ryan's proposal and is within the
guidelines issued by the Department of Health.
. Does not feel this development is appropriate for the location given the other types of
developments in the area. Will not support.
V onhof:
. Disagreed with Cramer. Felt this Conditional Use Permit is an interim use and is
consistent with the Comprehensive Plan. It comes back for renewal every year.
. The 11 issues in the Planning Report have been addressed. Any approval would have
to address the concerns as part ofthe plan.
. Regarding the off-site traffic and impact, Ryan agreed to maintain the road. It is also
part of the condition.
. Another concern is regarding noise on the site. The decibel level has been addressed
and is adequate.
. This is not a permanent long term use. It is appropriate and the conditions are met.
Stamson:
. Agreed with V onhof, it is a temporary use and expires within the time frame ofthe
2010 Plan. It is appropriate within the Comprehensive Plan.
. His concerns have been addressed by staff.
. One concern is the hours of operation. What are Savage's time for operation? Never
had a problem with neighboring Savage's pit. Tovar responded the hours of operation
are consistent with the City's combustion engine ordinance which allows
lawnmowers and other types of machinery allowed within the hours.
. Six p.m. deadline is more appropriate.
. Tom Ryan said the reason for the hours requested is because it is consistent with the
City's hours of operation. He also addressed Vonhofs concern of decibels. Their
loudest decibel is in the 70 to 80 range.
. Ryan said it is not their intent to occupy the pit full-time.
V onhof:
. Be consistent with the time and noise ordinances.
MOTION BY VONHOF, SECOND BY STAMSON, TO APPROVE THE
CONDITIONAL USE PERMIT TO ALLOW EXCAVATION OF SAND AND
GRAVEL AT THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 114,
f:\dept\planning\99fi1es\99plcomm\pcmin\mn 11 0899.doc 8
TIT
--'.~-' ....-y----"-....~_.._.__._.".""..._---..--..-..-...-....-..--.~...--_. T
Planning Commission Minutes
November 8, 1999
RANGE 22, LOCATED ON MCKENNA ROAD, INCLUDING THE CONDITIONS IN
THE STAFF REPORT. INCLUDE THE APPLICATION SUBMITTED BY RYAN
EXCAVATING TO AMEND HOURS OF OPERATION FROM 8:00 A.M. TO 12:00
P.M. ON SATURDAY.
Vote taken indicated ayes by V onhof and Stamson. Nay by Cramer. MOTION
CARRIED.
This item will go before the City Council on December 6, 1999.
Dick Krier, Midwest Planning and Design requested a date change for continuing the
Preliminary Plat and PUD for Deerfield to November 22, 1999 rather than December 13.
Krier said he would like to address some of the Commissioner's concerns. The
Commissioners felt it was not appropriate to reconsider this issue because of staffs
concerns about review time and the fact that persons appearing for the public hearing
were not present.
5. Old Business:
6. New Business:
A. Case File 99-083 Chris Anderson is requesting a vacation of a portion of
frontage road located adjacent to 16020 Eagle Creek Avenue.
Planner Jenni Tovar presented the Planning Report dated November 3, 1999, on file in
the office ofthe City Planner.
The Planning Department received an application from Chris Anderson requesting the
vacation ofthe portion of public roadway located in front of his property. The purpose
ofthe vacation is to give Mr. Anderson more property in the front yard, resulting in a
private area for a future garage. While variances would be needed for a future garage, the
variance request would be minimized with greater lot area. Mr. Anderson is proposing to
vacate 26.50 feet of right-of-way with 13 feet being retained in a utility easement for the
City. The intent of the Comprehensive Plan will be met, however, there is a public
interest in retaining the entire right-of-way as platted. Planning staff recommended
denial of the request as submitted.
Comments from the public:
Chris Anderson, 16020 Eagle Creek Avenue, felt there was adequate distance to the road
for utilities. He would like to build a garage stating his neighbors would like to see him
complete it as soon as possible. Anderson would like to expedite the process. Neighbors
signed a petition in support.
Comments from the Commissioners:
f:\dept\planning\99fi1es\99plcomm\pcmin\mn II 0899_doc 9
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DATE: November 19,1999
TO: Jenni Tovar, Planner ,
FROM: Sue McDermott, Assistant City Enginee~~
RE: Conditional Use Permit - Ryan Contracting
City Project # 99-43
The Engineering Department has reviewed the subject permit and has the following
comment:
Per City Code 1004.313, a drainage plan of the developed site is required
delineating in which direction and at what rate storm water will be conveyed from /'
the site and setting forth the areas of the site where storm water will be allowed to
collect. No rate calculations have been submitted yet.
g:\memos\sue99\permit2.doc
I I
9;4,
RYAN CONTRACTING COMPANY
RECAPITULATION OF CONDITIONAL USE PERMIT
APPLICATION
SAND AND GRAVEL MINE OPERATION
PRIOR LAKE, MINNESOTA
I. INTRODUCTION
. Ryan Contracting Company proposes to operate a sand and gravel mining operation within the City of Prior
Lake. Ryan Contracting Co. is seeking a Conditional Use Permit from the City of Prior Lake to begin
mining and processing including descreening, stockpiling, and sale of product. Aggregate washing or
operation of an asphalt or concrete plant is not'a part of this operation. These activities, ifrequired, will be
performed off-site. The site is located on a combined 29.604 acres of land, of which only 12.91 acres are
included in the proposed mining plan. The following information briefly describes our proposed use, more
specific information can be obtained in our booklet submitted containing the Conditional Use Application.
n. Narrative, Table of contents
1 Name and address of Applicant
2 Legal Description of Site
3 Name of Adjacent Property Owners within a 350' radius of Proposed Use
4 Specifications of the Following; Appropriate Maps, Photographs and Surveys
5 The Purpose of the Operation
6 The Estimated Time to ComPlete the Operation
7 The plan of operation
8 Traffic and Travel Routes
9 Drainage, Erosion Control, Sedimentatioo and Dust Control
10 Tree Preservation
11 Rehabilitation Plan
12 Permits
13 Maintenance of McKenna Road
14 Compliance
15 Site Appearance
16 Wetland # 70-247W
17 Groundwater
1.) Name and Address of Applicant:
Ryan Contracting Company
8700 13111 Avenue East
Shakopee, Minnesota 55379
2.) Le2al description of site:
Richard McKenna
Home address: 13787 McKenna Road
Prior Lake, MN. 55372
Northwest Quarter of the Southeast Quarter of Section 22, Township 115, R8nge 22, except the
West Half of said Northwest Quarter of the Southeast Quarter, Scott County, Minnesota.
1
Joseph Kinney
Home address 4270 l40lh Street Northwest
Prior Lake,:MN. 55372
The West 990.00 feet ( as measured at right angles) of the Northeast Quarter of the Southeast
Quarter of Section 22, Township liS, Range 22 EXCEPTING there from the following: The
South 622.29 feet of the West 700.00 feet ( as measured at right angles to the south and west lines)
of said Northeast Quarter of the Southeast Quarter. Containing 20 acres more or less.
3.) Names of adiacent property landowners including all those within a 350 ft. radius of the propertY.
A property owner list was generated by Old Republic Title. This list is included as Exhibit 6.
4.) Specifications of the following, using appropriate maps. "hotographs and surveys:
a. The physical relationship of the proposed site to the community and exi!ttine
development.
The proposed site is located in the northeast portion of Prior Lake, just north of County
Road 42 on McKenna Road (See Exhtbit 5).
Residential areas are located to the west and east of the site. The land to the north of the
site is open fields with some groves of trees. The land to the south is Mr. Richard
McKenna' s house along with McKenna Road and field.
b. Site topography and natural features including location of water courses and wat~
bodies.
Exhibit 15 is a U.S.G.S. quadrant range map which illustrates the relationship of the site
to surrounding natural features. The site topography is shown in 2 foot contour intervals...
The plan also shows drainage ways and direction of surface water flow under currenr
conditions. The plan also shows the location and description of the trees in the area of
the proposed building site.
c. Description and quantity of material to be excavated.
Material to be mined from the site will consist of sand and gravel. The soils within the
mining limits are predominately Esthervil1e and Kingsley soils, both sandy looms
forming in loamy glacial outwash over sand and gravel deposits. The Scott Count:-
Geological Atlas maps the site as a primary sand and gravel resource with over 35~.
gravel.
Approximately 500,000 C. Y. of material will be mined from this site. The type 0:
material to be mined will be sand and gravel. lnitially a phase will be opened up b:--
stripping topsoil over a designated area. This topsoil will be stockpiled on site and later-
used in restoration. No topsoil will be sold or removed from the site. Any overburden,.
fine clays, and silty soils which cannot be sold or utilized by the operator will also be
stripped exposing the underlying aggregate. Mining will create an active mine face with
a slope not exceeding 1:1. Perimeter slopes may be mined to 1:1 and then backfilled te-
the grades shown on the mining plan. Final gradeS- over the base of the pit are at a
minimmn elevation of 870.00. Mining may occur below the depth of the grades showr.
on the plan in areas where good material is encountered. All material replaced belo...-
elevation of 870.00 will be structural suitable for building and will include certificaticn
of any filling. These areas would then be back:fi1led as part of restoration for th2!:
2
I I
~_.-----'<..~_.~'--~-"---,~----~,----, >,~----
particular phase. The maximum depth of mining will not exceed elevation 850.00. The
average restoration grade will be arOlmd elevation 870.00.
5.) The purpose of the operation:
The purpose of the mining operation is to obtain natural aggregate for use in the construction
industry. The operator will use material obtained from site to produce aggregates for road
construction and general fill.
6.) The estimated time required to complete the operation:
The site will be active for an estimated 10-year period. The life of the site will be dependent on
market demand. The site will be operated in phases. Mining will begin in the western portion of
the site and progress to the east. Each year an annual report will be submitted, which will outline
areas to be stripped, mined, and reclaimed during the next mining season. This will keep the City
up to date on the mining progress, and rate of mining activity at the site.
7.) The plan of operation:
Duration of Minin~ Activitv: Mining activity typically occurs from March-December. The life
of the mine is estimated to be 10 years.
Hours of Ooeration: The site will be operated from 6:30 A.M. - 7:30 P.M. Monday - Friday and
8 A.M.- 5 P.M. Saturdays on a seasonal basis.
Overations: Operations will be initiated by stripping an area corresponding to the first years
excavation activities. The stripping will be shaped into berms along the designated setback areas.
These berms will be seeded to provide screening, noise and . dust abatement Material will be
excavated from -the working face, desanded, and stockpiled according to the various grades of
material. The initial location of the screening plant is shown on Exhibit 8. Mining will progress
in a west to east direction. Conveyors may be used to feed material to the screening plant
throughout the mining season. Each year, additional area will be stripped as the working face
moves easterly.
The screening plant is a portable plant and may be moved off of the site depending on the amount
and location. of future contracts. Exhibit 8 shows the location of the screening plant.
Noise: All equipment will be operated within the noise emission standards established by the
Minnesota Pollution Control Agency (MPCA). Processing and loading activities are performed in
the lower elevations of the pit where the side slopes, vegetation and trees will act as noise barriers.
Ryan Contracting will operate in accordance with the noise standards established by the
Minnesota Pollution Control Agency for reSidential areas.
In addition, Ryan Contracting will be constructing a "buffer" berm. on the west edge to reduce
sound levels. Mining operations will begin at an elevation of 884.00 and continue down to a final
elevation of 870.00. The west berm will be constructed to an elevation of 910.00, initially
allowing for a 26 foot high berm to reduce noise. lIDs berm will also be landscaped. Ryan
Contracting will install 2 inch trees staggered at an even ten feet apart on the berm. These trees
will be maintained and guaranteed. The berm will have topsoil placed on it. The topsoil will be
seeded, mulched, fertilized, and disc anchored to provide positive turf establishment.
The Minnesota Department of Natural Resources report, Industrial Minerals in Minnesota dated
September 1979 states, .. Typical mining equipment gen~ates noise levels as high as 88 decibels
(dBA) measured at 50 feet away from the source. Screeners can generate up to 78 dBA measured
- 3
from 50 feet from the source. Table I describes decibels (dBA) by comparison to familiar
environments. The Minnesota Pollution Control Agency has established noise standards which
include noise from mining activities. The MPCA states that, "acceptable sound levels for the
receiver are a function of the intended activity in that land area." Fmther, these standards
described the limiting levels of sound established on the basis of present knowledge for the
preservation of public health and welfare. These standards are consistent with speech, sleep,
annoyance, and hearing. The allowable noise level standards range from 50 dBA to 80 dBA.
TABLE I NOISE LEVEL COMPARISON
Decibels (dBA)
Common Sounds
160
140
120
100
80
60
50
40
20
o
Medium jet engine
Large propeller aircraft, air raid siren
Disco
Canning plant, heavy city traffic, subway
Busy office
Normal speech
Private office
Quite residential neighborhood
Whisper
Threshold of hearing
Exhibit 8 shows the initial location of the screening plant, stockpiles, and haul roads which will
eliminate the need for trucks to back up sounding their back - up alarms. If requested, Ryan
Contracting will be willing to disconnect our backup alarms, if absolutely necessary. The
screening plant will be placed at various locations throughout the pit to minimize noise to the
surrounding area. Material will be stockpiled from the screening plant by conveyors.
EQuivment: Machinery will be kept in good repair. Abandoned machinery, inoperable
equipment and rubbish shall be removed from the site regularly. All buildings or equipment not
used for a period of one year shall be removed from the site. All equipment and structures shall be
dismantled and removed within 90 days after termination of the permit.
Natural ScreeninJ!:. The perimeter of the site shall be screened as shown on the aerial photo
(Exhibit 18). The aerial is from Scott County Surveyors and dated 1990. The severe
thunderstorms from 1998 destroyed the trees on the east side of the pit in phases n and ill, those
are shown in the aerial. The site will be screened from the residences to the north and west by the
groves of trees. This buffer area will provide both visual screening, and noise and dust abatement.
There are no residents to the east of the site.
Water: No well will be drilled on the site or washing of aggregates; however Ryan Contracting
will use the water from the ponds on site for dust control.
Fuel Storage: Ryan Contracting will be storing fuel on the site in an above ground 1000
gallon steel tank placed in a concrete enclosme. The fuel will be diesel fuel for the operating of
the screening plant and the construction equipment only. The concrete enclosure will contain
spills ifleakage did occur. The concrete enclosure is made by Crest and is a MPCA approved
design for this exact situation. Please see the Exhibit 24 containing specifications on
the enclosUre. The enclosure-will have a roof over it along with a metal chain link. fence. The fuel
tank will be locked when not in use. Due to the concerns from the Shakopee Mdewakanton Sioux
Community (SMSC) regarding fuel spillage, this is the best solution. The enclosme will trap fuel
that is spilled or leaked from the tank and will prevent fuel from contaminating the groundwater.
With the tank on site, this will reduce the number of refueling trips to the site thus deaeasing the
possibility of a fuel spill. In the unlikely event a fuel spill would occur, Ryan Contracting would
4
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------r
respond by following state guidelines as outlined by the MPCA These guidelines are included
under Exhibit 24.
The MPCA does not require a permit for an above ground fuel tank less than 1,100 gallons.
Site Security: The gates to the site will locked when not in use. The rest of the site will be
protected by the current homeowner. Currently, there is a barbwire fence and snowfence securing
the site.
Parldnrz: . The parking area as shown on the Exh.ibit 8 is for employee parking only. The swface
of the parking lot will be of a gravel material like class 5. . The gravel surface will be maintained
by Ryan Contracting on as need basis. The size of the parking lot will be large enough to handle
five full size vehicles. The parking of the construction equipment will be next to the screen plant
or near the center of the gravel pit.
8) Traffic& Travel routes
The site is located roughly ~ mile north of County Road 42. To access the site from County Road
42, trucks will exit off County Road 42, onto McKenna Avenue, and turn onto Richard
McKenna's property which is where the pit is located. Traffic from the site is reversed to Comty
Road 42. Dust control methods will be implemented as indicated in Exln'bit # 21. Ryan
Contracting proposes to limit the number of trucks visible to the public on this property to 6 at any
one time. Other trucks may be waiting within the pit, recessed and out of view of the public. At no
time will trucks be allowed to use McKenna Road to the north for an access to this property.
Please refer to Exhibit 14 for an example of signage.
9.) Draina,.,oe, Water Erosion Control, Sedimentation and Dust Control
Currently the site drains to the northwest over land and off site. Mining will move from the west
to the east with the pit floor sloping to the west maintaining this overall drainage pattern
-throughout the life of the site.
Erosion will be controlled be placing heavy-duty silt fence in the drain swale where the
sedimentation ponds will be constructed adjacent to the mining operation and by on-going
restoration of distW"bed areas including topsoil placement and establishment of vegetation.
Sedimentation ponds will be constructed in the northwest portion of the site to treat runoff prior to
leavingthe site. These ponds will be constructed at the beginning of operation. They are designed
to accommodate a 10 year; 24 hour stoni1 runoff over the maximum distW"bed area at any given
time. Exhibit 10 contains sizing computations done by Cal Hedlund with Gorman Land
Surveying, Inc. The location of the sedimentation ponds is shown on the proposed grading plan
(Exhibit 10).
Dust generated from vehicle traffic will be minimized by utilizing the existing access to the site.
A water truck will be used as needed to water used roads. On site processing equipment will be
recessed thereby minimi7.ing the amomt of dust leaving the site. The vegetated buffer area will
also reduce fugitive dust.
_ Stripping operations will be conducted in as short of a time frame as possible. The overburden
will be removed and stockpiled. The stockpiles will be seeded to reduce the source of dust. The
- site entrance roads will be watered as needed. Restoration of the site will be on going to minimi7.e
the amount of area without vegetation at any given time. Fugitive dust, dust not associated with
specific processing activities, is also addressed in the sites Air Quality Permit which will be
obtained from the MPCA.
- 5
Calcium chloride is used statewide by the State of Minnesota, counties, cities, townships, and
recommended by consulting engineering :firms throughout the state. The use of calcium chloride
on the gravel traffic routes will minimize the amount of dirt blown in the air. The screening plant
will be on the floor of the proposed pit. The vegetated berms, walls and trees will act as shields
minimizing fugitive dust The existing trees on the west and south sides will act as a natural
buffer. On the north and east of the proposed pit, the existing fields will also act as natural shields.
The pr<lposed berms, trees, and fields will reduce the presence of pit operations from the view of
the public and residents.
Ryan Contracting Company will protect the site and adjoining surrOl.mding properties from
erosion and sedimentation. If erosion occurs off site as a result of our operation, Ryan Contracting
will immediately clean up the debris at our expense and restore all damage to the surrounding
properties.
10) Tree Preservation:
A tree inventory has been performed on this site. There will be a total of three trees removed OIl
this site as a result of our proposed use. This equates to 3.03% of the total trees to be removed..
There WI be a total of70" of trees removed out ofa total of2310" of trees surveyed by Gorman
Land Surveying. The tree removal does not exceed the 25% tree removal limit, however Ryan
Contracting will be planting over fifteen trees on the west berm ih addition to the ten proposed
plantings shown in the attached plan. The tree plantings on the west berm will be done once the
berm is fully constructed. The remaining trees shown in Exhibit # 13 will be planted at the
completion of our project. The trees on the west berm will be planted within 45 days of April 15,
2000, p-oviding our CUP has been received by this date. Ryan Contracting will be planting the
trees ingood faith to the City of Prior Lake and the adjacent residents. The proposed trees will be
maintained and guaranteed. The existing trees will be protected by means of snowfence with meta!
posts and will be erected past the drip line of significant trees along the mining limits. Snowfence
will be maintained in place Wltil restoration along the perimeter of the mining limits has been
completed.
11.) Rehabilitation Plan:
Rehabilitation of the mining area will be performed to restore the site to a stable condition,
minimizing the potential for erosion, and also allowing for future development of the land.
Rehabilitation will involve final grading, slope stabilization, application of topsoil and seeding ana
mulching. Existing grades prior to mining are shown. on the Existing Conditions Plan (Exhibit 7).
Exhibit 8 indicates the sequence and timetable of mining and the location of topsoil and
overburden storage areas. Restoration grades are shown on the proposed grading plan (Exhibit 9).
Existing perimeter side slopes will be mined to a maximum of 1: 1 and backfilled to a minimum cE
2.5:1. The slope of the floor of the pit will be 1.00010. A minimmn of 4" oftopsoiI will be placed
over the graded slopes and floor of the mining area. Vegetation will be established. Vegetatioo
will consist of MnDot Seed mix number 50A, a mixture of predominately Bluegrass, Bluestem,.
and Bromegrass.
Sufficient topsoil is available on site for use in reclamation. Approximately 5 acres of the. site Vliil
be left with 2.5:1 slopes. This-area will require an average 4" depth of topsoil. Approximately 8
acres of the pit floor area will require an average of 4" -of topsoil.
Restoration will be ongoing. Each year mined areas not utilized for processing or stockpiling will
be graded to the proposed plan. Topsoil will be applied and vegetation established to minimize
the amount of open area at any given time. An annual operating plan will be submitted each y~.
6
1 I
--.~--,.~-^'.~--_.~---.."-_._---,._.~-,.~"
This plan will include a map which shows areas which have been reclaimed during the past
mining season. Areas to be reclaimed the following mining season will be noted as well.
Reclamation of the site: The site was originally and still zoned agricultural. The site is cWTently
outside of the Metropolitan Urban Service Area (MUSA). Mr. Richard McKenna and Mr. Joseph
Kinney are currently the two property owners of this site. Ryan Contracting has a contract with
these owners for the removal of this material as shown in Exhibit 10. When the pit use has been
completed, Ryan Contracting will restore the land back to agricultural use. The site will have 4"
of topsoil and seeding over all disturbed areas. The site will not create a pond as other pits have
become. The only water in the pit will be in the sedimentation ponds that will be cleaned out as
part of the restoration of the site. After completion and restoration of the gravel pit, the use will be
at the discretion of the landowners. The landowners have indicated they wish to return the
property to agricultural use. Ryan Contracting will fwnish the City with a $ 50,000.00 restoration
bond to guarantee restoration of this property.
12.) Permits:
In addition to the Conditional Use Permit and the annual permit renewal required by the City of.
Prior Lake, Ryan Contracting may also be required to obtain the following permits:
. Minnesota Pollution Control Agency: .
National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit.
Ryan Contracting will be responsible for obtaining all necessary permits as required by the
MPCA. Copies of required permits will be submitted to the City prior to beginning mining
operations.
. DNR:
Department of Natural Resources will be informed, Ryan Contracting will be responsible for
obtaining all necessary permits as required by the DNR Copies of required permits will be
given to the city prior to beginning mining operations.
13) Maintenance of McKenna Road
Ryan Contracting Company will repair and maintain McKenna Road from County Road 42 to the
entrance of the gravel pit as needed at the discretion of Ryan Contracting and the City of Prior
Lake. A biannual review will be set up with the City of Prior Lake to observe the conditions of
McKenna Road and determine the need for repair. The condition of McKenna Road will be kept
in as good as condition or better while the gravel pit is in operation. Ryan Contracting Company
will post a $ 50,OOO.00mam.tenance bond with the City of Prior Lake to guarantee maintenance
and repair of McKenna Road while our Conditional Use Permit is active. It is our understanding
McKenna Road may be realigned within the next five years. The extent of repairs to this road will
be negotiated with the City of Prior Lake to an acceptable level as agreed on.
14). Compliance:
The site will be operated as indicated in this permit application. Any additional conditions as set
forth in the permit will be adhered to. Once the operation has been established, any questions,
complaints, or requests by the city or residents should be directed to either Tom Ryan or Tyler
Enright of Ryan Contracting Company at {612) 894-3200. Action will be taken immediately
where appropriate. Ryan Contracting Company will work in good faith to resolve any-complaints
or issues related to the .operation of the mine. ._
An annual report will be submitted to the city in conjunction with the annual permit renewal. The
report will show limits of cWTent mining and processing areas, stockpile areas, the next phase of
stripping/mining, previous years restoration i1reas, the next years planned restoration activities, and
the quantity of material removed from the site during the previous mining season -
7
15) Site Appearance
Ryan Contracting Company will be operating this pit in a professional manner. The pit will siart
on the west side and work to the east. The pit will be have a full exposed face from the existing
ground to the proposed pit floor. The berms and slopes on the proposed pit will be constructed as
the pit takes shape, along with the restoration. (See Exhibit 9) The pit will be constructed in three
phases over a life span of roughly ten years. Each phase will not be constructed in three and a half
years, but will be constructed on need and/or supply and demand on the material available in the
pit. The phasing plan is outlined on how the pit will be constructed. (Exhibit 19 )
All equipment will be in operating use on the site. There will be no abandoned equipment on the
site that is the property of Ryan Contracting Company. This pit is to operate in a clean and neat
fashion, not to offend any of the residents in the area, property owners, or government officials.
Ryan Contracting will be the sole operator of this pit. There will be no other operators using this
pit if granted the conditional use permit. Once the CUP has been received Ryan Contracting will
be responsible for all activities in the pit and maintenance or repair of haul routes.
16) WETLAND # 70-241W
Please refer to Exhibit 22 showing the approximate location of the wetland in relation to the.pit
location. This wetland will not be disturbed in anyway by our activities. The drainage on this
property runs from the southeast to the northwest. The location of this wetland is directly
southeast from our proposed gravel pit. There will be no drainage into the wetland, nor will the
wetland be drained of water. Currently, there is a natural buffer between this wetland and our pit
location. Ryan Contracting will review this area witb the DNR, and if requested, Ryan Contracting
will install heavy duty silt fence as a precaution. Currently, there is a naturalland.and wooded
buffer between our property and the wetland. This area will not be disturbed , nor traversed in
anyway.
17) Groundwater
Well Head:
Sanitation:
I I
The concern by the SMSC in tbe elevation of the floor of the proposed pit to
their Public Water Supply (PWS) well is being taken with great concern. The
elevation of the floor in the proposed pit will start at an elevation of 884.00 and
may be excavated to an elevation of 850.00 with a restored elevation of 870.00.
The ground water is at an elevation of 743.00 according to the Mean Sea Level
(MSL.) with bedrock at 750.00 according to SC-Geo Atlas. Excavation of
mined material will leave over 100 feet between the proposed pit floor and the
Jordan Aquifer. The Minnesota Department of Health recommends at least 50
feet or more in separation. The distance between the aquifer and the pit floor is
double the recommended separation distance. lbis distance should satisfy
concerns the SMSC had with the proximity and operation of the proposed pit.
Ryan Contracting is proposing to use satellite toilet facilities on the site. A
maximmn of five employees will be working on the site, not including
-independent trucking companies. The satellite toilet facilities will.. be maintained
by an independent company and maintained weekly during the operating mon1hs
of the year. This facility will be located adjacent to our parking area as shown in
Exhibit 8. This facility will be removed when our operation is not in use.
8
--.....-..-IIi--.-.----.------... - .----.-..------~-.--,--------.-.-
Fuel Storage: Ryan Contracting will be storing fuel on the site in an above ground lOOO gallon
steel tank placed in a concrete enclosure. The fuel will be diesel fuel for the
operating of the screening plant and the construction equipment only. The
concrete enclosure will contain spills if leakage from the tank did occur. The
enclosure is made by Crest and is a MPCA approved design for this exact
situation. Please see Exhibit 24 containing specifications on the enclosure. The
enclosure will have a roof over it along with a metal chain link fence. The fuel
tank will be locked when not in use.
Due to the concerns from the Shakopee Mdewakanton Sioux Community
(SMSC) regarding fuel spillage, this is the best solution. The enclosure will trap
. any fuel that is spilled or leaked out of the tank and will prevent fuel from
contaminating the growdwater. With the tank on site, this will reduce the
nwnber of refueling trips to the site and decreasing the possibility of a fuel spill.
In the unlikely event a fuel spill would occur, Ryan Contracting would respond
by following state guidelines as outlined by the MPCA. These guidelines are
included in our application lDlder Exhibit 24.
Equimnent Fuel: The SMSC has expressed concerns regarding possible fuel spills from the
intregal fuel tanks on our equipment. These concerns are unwarranted. The
intregal tanks constructed on heavy equipment are built for heavy operations to
withstand hard and severe use. The possibility of a fuel spill caused by a
ruptured fuel tank from our equipment is far less likely than a fuel spill from
your own car.
Ryan Contracting Company will not be drilling or installing any wells on this property.
Ryan Contracting Company will be taking water from the sedimentation pond for use on
site to water roads.
9
WATER TESTING OF WETLAND 70-247W
Ryan contracting will conduct annual water testing of the Wetland 70-24 7W as described
in the attached letter from Braun Intertec. ..
I I T
. ,.w-_..~_.._'.-r--'-.~-_.--.- . --.--.....-.----.-.-..- .-...-.-.-....----...-..r---..-.--.-.
NOV 19 '99 11:37AM BRAUN INTERTEC BLDG2
P.1/2
BRAUN$M
INTERTEC
.raun Intertec Corpol'Otion
6875 Washington Avenue South
Minn~Clpoli~. Minne$ola 5S439.Q1 08
612.9A1.5600 Fax; 942..49.44
November 19, 1999
Engineers and Sei/:t1r,m 55N;ng
,hs Bvil, and No/ural Envlronmcntj8
Mr. Craig Svoboda
Ryan Contracting Co.
8700 1311I Avenue East
Shakopee,~ 55379
Dear Craig:
Re: Field Collection and Laboratory Analysis of Pit Water Samples
Thank you for your request for a price quotation for our analytical laboratory services. .Braun
Intertec appreciates the opportunity to present this information for your review.
Scope of Project
We understand the scope of this project to involve the field collection and laboratory analysis
of water samples from a wetland area in the city of Prior Lake. These samples would be
collected annually by our staff and analyzed at our laboratory. There would be one sample
collected annually for your requested parameter list.
Cost of Services
The proposed laboratory rates for your project are listed belo~:
Sample Collection: Estimate 30 miles round trip plus one hour on site.
Total for collection = $ 75.00
Laboratory Analysis:
.. Parameter
Cost per Sample
Volatile Organic Compounds
PCBs
Ammonia Nitrogen
Kjeldah1 Nitrogen
Nitrate + Nitrite Nitrogen
Phosphorus, Total
Total Suspended Solids
Diesel Range Organics
Gasoline Range Organics
$ 150.00
$ 135.00
S 15.00
$ 22.00
$ 15.00
$ 22.00
$ 15.00
S 40.00
$ 40.00
Total cost per sample == $ 454.00
Estimated annual cost:
Sample collection = $ 75.00
Laboratory Analysis = $ 454.00
Annual tocal = $ 529.00
, NOV 19 '99 11:37AM BRAUN INTERTEC BLDG2
P.2/2
Ryan Contracting Co.
November 19, 1999
Page 2
Braun Intertec appreciates the opportUnity to present this infonnation for your review. If you
have. any questions, need additional information, or would like to schedule our services please
feel free to contact me at your convenience-at 942-4936.
6~
.Dean Almquist.
Laboratory Project Manager
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LETTER OF CREDIT
Ryan Contracting will provide the City of.Prior Lake with a Letter of Credit in the
following amounts as agreed upon \vith the City Engineering Department and Planning
Department.
Subtotal Amount
$ 100,000.00
$ 11,687.50
$ 111.687.50
Maintenance of McKenna Road
Landscaping Costs
City LOC requirement 125 %
$ 139,609.38
II
-_._-'~---'-r----~'_._".'..'-_.._._-_._--
CONTRACTING CD.
I DEVELOPIN& YOUR WORLD
January 18, 2000
Mr. Frank Boyles
City of Prior Lake
16200 Eagle Creek Ave. So.
Prior Lake, MN. 55372
Re: Ryan Contracting Co., CUP Application
Dear Mr. Boyles
In response to a number of issues that have come to light in the last week, I have the following information
to add to our Conditional Use Permit application.
1) Ryan Contracting proposes to operate a private gravel pit not open to the public.
2) Ryan Contracting will provide the city staff with revised information prior to issuance of the CUP.
The revised information will include but not limited to the following information as discussed at
the workshop.
A) Revised pond calculations
B) City right of entry
C) Revised landscape plan
D) Issue the Letter of Credit
3) Ryan contracting will not be operating during nighttime hours.
4) Ryan Contracting will not be operating a rock crushing machine.
5) Ryan Contracting will not be operating a washing plant.
6) Ryan Contracting will not be installing a well.
7) Ryan Contracting will not be using any type of artificial lighting.
8) Ryan Contracting will not dewater in any form on this project.
9) All water used for dust control will be imported from an off site source.
10) Ryan Contracting will not be recycling material.
11) Under our Cup application, the City will review this permit on an annual basis to evaluate
compliance with the conditions of the CUP.
12) In 1997-98 Ryan Contracting had secured an approved grading permit allowing the removal of
material from this property. The City of Prior Lake revoked Ryan Contracting's approved grading
permit while allowing an adjacent property owner and contractor to mine sand material from their
property for the County road 21 project located within the City of Prior Lake. Ryan Contracting
suffered severe financial harm as a result of the revocation of our approved grading permit. At this
present time Ryan Contracting has voluntarily decided to comply with the City of Prior Lake's
8700 13th Avenue East Shakopee. Minnesota 55379 612-894-3200 Fax: 612-894-3207
11" T
request to apply for a Conditional Use Permit. In the event Ryan Contracting is denied its CUP as
allowed by City ordinance or an EA W is required, Ryan Contracting will revise its application to
include any or all of the above items. Furthermore Ryan Contracting may seek legal action to
ensure proper handling and compliance ofthis matter as well as legal action to recover lost
revenues and/or costs incurred as a result of actions by the City of Prior Lake.
13) During the Workshop meeting, the proposed Church development had been discussed and the
impact ofthe CUP on the Church property. Ryan Contracting has meet with Church
representatives and believes both parties can benefit from our CUP. At this time the Church
representatives have only a conceptual design. After reviewing the conceptual design, it is our
opinion the proposed development may take as long as five years to construct. Ryan Contracting
will work closely with the church on its needs for aggregate materials and or site development.
14) In response to the Petition for an EA W. Ryan Contracting has responded to Mr. John Larson with
the Environmental Quality Board on this issue. We have supplied you with a copy of this letter
dated January 18,2000. It is the Position of Ryan Contracting that the Petition produced under the
direction of the Shakopee Mdewakanton Sioux Community is misleading, incorrect, prejudice and
lacking any credibility. It is apparent, the Shakopee Mdewakanton Sioux Community holds the
general public to a much higher standard than they hold themselves. The Shakopee Mdewakanton
Sioux Community has owned and operated their own gravel pit directly adjacent to our proposed
project for over ten years now without the proper governing perrnits.( see attached exhibit A )
In summary Ryan Contracting believes it's CUP application falls within the parameters ofthe City
Ordinance allowing extraction of aggregates. Ryan Contracting is willing to commit and leave our
application unchanged if our CUP is approved within the next 30 calendar days.
Please feel free to contact me anytime should you have any further concerns.
CC: Jenni Tovar / City of Prior Lake
Bill Rudnicki / SMSC
T I r
"-..--y-----.----.----.----.--.--.-.
CD I\ITRACTI 1\1 Ii CD.
I DEVELOPII\I& YOUR WORLD
January 18, 2000
Mr. John Larson
Environmental Quality Board
300 Cwtennial Office Building
658 Cedar Street
St. Paul, Minnesota 55155
RE: Conditional Use Permit
Gravel Mining Operation, Prior Lake, MN
Ryan Contracting Company
Dear Mr. Larson:
I am writing in response to the Petition for EAWI received Monday, January 17,2000. I have found the
information is based largely on speculation and misrepreswtations of the facts in this matter concluding
this petition is lacking any credibility.
In response to the Memorandum from the Shakopee Mdewakanton Sioux Community (SMSC) Land &
Natural Resources Departmwt produced by Stanley Ellison, I have the following to offer.
Transportation Analysis
The information contained within this section has been produced based solely on assumption without
supporting data verifying or substantiating their claims. I find the scenarios to be exaggerated, incorrect and
without merit. The SMSC has produced this information without any formal experience or professional
background to support their claims. The City of Prior Lake has conducted its own review of the
transportation to and from this site and found the existing roadways will adequately handle traffic gwerated
from our operation.
Water Analysis
Contrary to comments made in this section by Mr. Stanley Ellison, Ryan Contracting has clearly stated
within our application that a well will not be installed nor used for our operations. Furthermore, Ryan
Contracting has elected to amend its CUP application stating, " All water used for dust control on our
project will come from an offsite source." Again, contrary to statements made by Mr. Ellison, Ryan
Contracting has included within its application a spill/release contingency plan produced by the MPCA.
COIl.trary to what Mr. Ellison has eluded to, Ryan Contracting will not be dewatering on this project in any
form. The City of Prior Lake has conducted its own review of this issue and found the information
contained within our application to be acceptable
Additional Issues
The wd use of this property will be returned to agricultural use. At this time, the property is outside of the
MUSA boundaries. A plan to develop this land to a residential development would be premature without
knowing exactly when, where and how the trunk utilities and roadways would be provided for this
property. The current property owners have expressed they would like their property returned to
agricultural use.
8700 13th Avenue East Shakopee. Minnesota 55379 612-894-3200 Fax: 612-894-32[)7
I I
. " .....-r.-...------.--..-----..."----.
Scott County has had the opportunity to review our CUP application and had no objections to our proposed
use of this property.
As you are aware, the MPCA requires a mandatory EA W to be performed for all gravel operations of 40
acres or more. Mr. Ellison has stated, " This site contains approximately 50 acres ". This statement is
simply false and misleading. The proposed site is comprised of two separate parcels for a combined acreage
of 29.604 of which we have clearly shown 13 .12 acres will be affected by our operations. Contrary to what
Mr. Ellison has eluded to, Ryan Contracting is strictly limited to the plans we have submitted to the City.
Furthermore, Ryan Contracting has performed soil borings on this property and found we are limited only
to the area we have proposed because the sand materials do not extend beyond the proposed plans we have
submitted.
Ryan Contracting has contacted the MPCA regarding any permits that may be required, the MPCA has
informed us that a general NPDES general storm water permit will be required as with all project over 10
acres in size. Ryan Contracting will secure this permit prior to commencing any operations. Ryan
Contracting has also stated within its application, a washing plant will not be used.
Response to Memorandum in support of Petition in support of EA W
Mr. Fontaine has stated" and because Ryan Contracting may to be impermissibly attempting to avoid an
environmental review by improperly segmenting its proposed project in order to fall below the 40 acre
threshold for a mandatory EA W " This statement along with numerous other statemmts throughout this
document are simply false, and misleading. As stated previously, the proposed site is comprised of two
separate parcels for a combined acreage of 29.604 of which we have clearly shown only 13 .12 acres will be
affected by our operations. Contrary to what Mr. Ellison and Mr. Fontaine have eluded to, Ryan
Contracting is strictly limited to the plans we have submitted to the City. Ryan Contracting has no intent of
continuing our operations beyond what has been proposed within our CUP application. Ryan Contracting is
strictly limited to the plans, boundaries and conditions we have submitted to the City in our application.
Contrary to what Mr. Fontame has stated, Ryan Contracting will not be dewatering on this site in any form.
Ryan Contracting has elected to amend its CUP application stating, " All water used for dust control on our
project will come from an off site source." Water from the sediment basins will not be extracted in any
form for dust control. A washing plant is not part of our operation as stated in our CUP application.
The City of Prior Lake has conducted a thorough, fair and unbiased review of our proposed project and
found there will be no adverse affects caused as a result of our operations.
Traffic Control
Again, Mr. Fontaine has provided false and misleading information on the affects of our operations on
public roads. The information contained within this section has been produced based solely on assumptions
and speculations without supporting data verifying or substantiating their claims. I find these scmarios to
be exaggerated, incorrect and lacking credibility. The SMSC has produced this information without any
formal experimce or professional background to support their claims. The City of Prior Lake has
conducted its own review of the transportation to and from this site and found the existing roadways will
adequately handle traffic generated form our operations. .
Scott County has also had the opportunity to review our CUP application and found no objections to our
proposed use of this proptrty. Scott County has also stated that County Road 42 will adequately handle
traffic from our operations.
I I
. ..--.........-.. .-----r-..-o,
Water Resources & Wetlands
The property in question does not contain any wetlands. However, there is an adjacent wetland over 200
feet in distance from our operations. Furthermore, this adjacent property has a substantial wooded buffer
separating the wetland from our operations. The wooded area also has a natural upland ridge preventing
water runoff from entering or discharging from this wetland. The City of Prior Lake has reviewed this issue
and found no adverse impacts will be caused by our operations.
Drinking Water Protection
Again, contrary to what Mr. Ellison and Mr. Fontaine have eluded to, Ryan Contracting has stated within
our CUP application that a well will not be installed or used as part of our project. . Furthermore, Ryan
Contracting has elected to amend its CUP application stating, " All water used for dust control on our
project will come from an off site source."
Again, contrary to statements in this section, Ryan Contracting has also included within its application a
spilVrelease contingency plan produced and approved by the MPCA.
Boiling Springs and the Savage Fen
The Boiling Springs and the Savage Fen are over 3 miles from our proposed project. The sheer mention
that these resources will be affected by our operations is ridiculous and lacking credibility.
Dust
Ryan Contracting has adequately addressed this issue in our CUP application. Ryan Contracting has
implemented known standards in controlling fugitive dust particles and agreed to make every effort
possible to control dust on this project.
Lighting
As agreed upon with the City of Prior Lake, no artificial lighting will be used on this site.
Noise
Ryan Contracting will operate at acceptable levels as stated in our CUP application and as approved by the
MPCA.
Aesthetic Impacts and Restoration
Again, Mr. Fontaine has clearly failed to provide accurate information; instead he has made false and
misleading statements regarding this issue. Ryan Contracting has clearly provided undisputed information
detailing benning, vegetation, shielding and restoration of this property within our CUP application.
Mandatory EA W
Mr. Fontaine has stated " and because Ryan Contracting may to be impermissibly attempting to avoid an
environmental review by improperly segmenting its proposed project in order to fall below the 40 acre
threshold for a mandatory EA W. " This statement along with numerous other statements throughout this
document are simply false, and misleading. As stated previously, the proposed site is comprised of two
separate parcels for a combined acreage of 29.604 of which we have clearly shown only 13.12 acres will be
affected by our operations. Contrary to what Mr. Ellison and Mr. Fontaine have eluded to, Ryan
Contracting is strictly limited to the plans we have submitted to the City. Ryan Contracting has no intent of
J I
m
--r------.-----------.
. .
continuing our operations beyond what has been proposed within our CUP application. Ryan Contracting is
strictly limited to the plans, boundaries and conditions we have submitted to the City in our application.
Summary
Ryan Contracting has made every attempt to comply with and address all sensitive issues regarding our
CUP application. However, Ryan Contracting will not tolerate an exacerbated Petition for an EA W based
on Mr. Ellison and Mr. Fontaine's false representations of the facts in this matter. It is clear, the Shakopee
Mdewakanton Sioux Community holds the general public to a much higher standard than they hold
themselves. The Shakopee Mdewakanton Sioux Community has owned and operated their own gravel pit
directly adjacent to our proposed project for over ten years now without the proper governing permits. (See
attached exhibits A) Ryan Contracting has proposed a small gravel operation excluding dewatering,
washing, crushing and recycling of materials.
If our CUP application is approved, Ryan Contracting is committed to abiding by the conditions, plans and
boundaries we have submitted. However, if in the event Ryan Contracting is forced to perform an EA Won
this project, Ryan Contracting reserves its right to revise its application to recover lost revenues and costs
incurred.
The City of Prior Lake has based their recommendation of approval based on the facts in this matter.
Ryan Contracting fully expects approval oftbis project without prejudice.
Please feel free to contact me anytime should you wish to discuss any further at 612-894-3200.
Respectfully submitted,
-r ~{J4 A ;btJ~ / U
Tyler Enright .......~ J--. .
Vice President
Cc: Frank Boyles
Jenni Tovar
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From:
To:
Date;
SUbJect:
Jeanette Leete
Peter Leete
1/18100 2:27PM
Prior Lake Gravel Pit
The attorney for the Sioux Tribe informs me that the City of Prior Lake
will apparently consider approval of a Conditional
Use Permit for a new Gravel Pit on 50 acres tonight. The tribe had
been worried about this issue and had thought that there were to be some
more meetings on the subject before final action. They were surprised that
it came up for final action so quickly.
The potential water use for this operation is referred to as being under
the amount which would require a DNR permit. Looking at this location on
a map, I'm sceptical that this could end up being true. Most gravel pits
use quite a bit of water - both dewatering and washing.
The City has 8 PWS well very close to this proposed operation and the
Sioux PWS wells are also not far away. The gravel pit Is apparently within
the wellhead protection zone for the Tribe's well (and very likely for the
Prior Lake well also).
Not to mention that any large use of water in that area may be detrimental
to lakes, wetlands and possibly even Boiling Springs and Savage Fen.
There is not enough time for us to evaluate these possible issues before
tomight, so is there anyway we could get a comment over to the City'?
I will fax down the attorney's writeup that requests the city to do an
EAW because it explains the tribes viewpoint on this issue. Apparently
the City can decide, even after receiving the petition requesting an
EAW, that none is needed and proceed directly to consideration of
and approval of the CUP - at least that's what the attorney is worried
about.
So. here's a possible comment:
The Division of Waters is concerned that operation of a gravel pit
as proposed may required ttle appropriation of water for dewatering
or gravel washing_ Because of the location of the proposed gravel
pit, any additional uses of water in the area should be studied prior
to implementation, lest lhere be detrimental impacts on nearby water
supply wells, lakes. wetlands, or other "alued resources such as
springs or calcareous fens. Tbitrefore the Division of Water. would
support a request that an envirOf1menlal assessment worksh..t be
~.
cc:
Pat Lynch
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