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HomeMy WebLinkAbout8C - EAW - Ryan Contracting ./ MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT AUGUST 21, 2000 8C JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR SUESAN LEA PACE, CITY ATTORNEY CONSIDER REPORT ON THE STATUS OF THE EA W AND 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, the City received a completed application 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. 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. Prior to the meeting, the City received a petition requesting the preparation of an Environmental Assessment Worksheet (EA W) for this project. On February 7, 2000, the City Council considered this petition along with a staff report relating to the request. The City Council determined an EA W for this project is warranted due to the potential for significant environmental impacts. Issues: On February 22, 2000, the City Council adopted Resolution #00-12 requiring the preparation of an EA W (see attached). This resolution lists several of the specific concerns to be addressed by the EA W, including the need for soil borings on the site. City staff hired Liesch Associates to prepare the EA W. In order to keep the costs lower, Ryan Contracting offered to provide soil borings to the consultant. The consultant has nearly completed the EA W, but is still waiting for the soil boring information. Both the consultant and City staff have contacted Ryan Contracting to obtain this information. The last attempt we made to obtain this information is via the attached letter, dated August 2, 2000. In this letter, we gave the applicant three h92file:;\92cup\99-075\99075cc5.doc Pa~l;..l 16200 cagle Creek Ave. S.t:., Prior Lake, Minnesota ~~372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER J RECOMMENDED MOTION: REVIEWED BY: options: 1) submit the borings, 2) provide the City with a check for the consultant to perform the work, or 3) withdraw the conditional use permit request. The letter was sent via fax and mailed. We requested some answer by August 11, 2000. On August 11, 2000 Tyler Enright of Ryan Contracting, called staff to say they were in the process of obtaining the soil borings. As of this writing we have not received any new information. Since the City has received no response from Ryan Contracting. and the project has been on hold for nearly 6 months, the staff believes it may be appropriate for the Council to consider denial of the Conditional Use Permit. Much of the delays which have occurred have been due to delays in receiving information from the applicant. For example, the applicant delayed payment for the EA W for nearly two months, and has not provided the requested soil borings for nearly two months. Without completion of the EA W, the City Council cannot make a reasoned determination regarding the environmental consequences of the excavation and mining permit, particularly as it relates to the contamination to or compromise of the SMDC wellhead protection area. Conclusion: The staff would like to see some resolution to this project. At this time, we are asking the City Council for direCtion on how to proceed with this matter. Direct staff to prepare a resolution with findings of fact denying the Conditional Use Permit. The City Council could consider this resolution at its September 5, 2000 meeting. If, prior to September 5, 2000, the applicant provides the City and the consultant with the information necessa to complete the EA W, the City Council could, in Ug. ag da, remove the matter from the agenda. Frank B les Cit Manager 1:\99files\99cup\99-07 5\99075cc5 .doc Page 2 Ti'T AUG-21-2000 09:16 RYAN CONTRACTING 612 894 3207 P.02/02 CDNTRACTIN6 CD. I DEVELOPING YDUR WDRLD I August 18, 2000 FJank Boyles City of Prior Lake 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372-1114 RE: Ryan Contracting Conditional U~ Permit Dear Mr. Boyles, I am writing in response to a letter I received today from Ms. Jane Kansier. On ~ ISu" I spoke with Ms. Kansier and relayed to her that the actual soil borings are currently being perfonnod and should be completed me following week. I stat1:d the boring logs should be available by week end. However, due to the inc;lement wcather, the testing company has been unable (0 complete these borings. I am hopeful the borings may be completed wilhin the MXl week. Ryan Conuacting has funded the entire cost of the EA W and soil boring:! for this project and the EA W will be completed The log borings will be supplied to LieSCh & Associates as soon as I receive the soil report from our testing agency. There is absolutely no reason for the planning department to recommend a motion for denial of our permit I find the actions of your sta1fto be inc;omprthcnsible and unconsc:ionable. The motion for denial of our permit should be removed from the agenda immediately. lfyou feel your staff has acted within their authority and legal parameters to recommend denial of our permit, please contact me mumxliately. Regardless of the City of Prior Lake's ca.1lous indifferen~ towards our conditional permit, Ryan Contracting will Dot drop this matter. It would be oW' hope the conditional use permit process could be completed without incident. 1 look forward to hearing from you. 8700 13th Avenue East Shakopee. Minnesota 55379 612-894-3200 Fax: 612-894-3207 TOTAL P.02 .-~,._."----~~_.._--.-,--,-----,.~-"---_.~-,~--.