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ITEM 4.3 RL Larson IUP0 OtCI�eooF MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 24 September 2018 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty 4.3 — R.L. Larson IUP STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: for transport related to the 85th Street and MacIver Avenue public improvement project. Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Held by Planning Commission 17 September 2018 Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. R.L. Larson Excavating, Inc. has been awarded the contract for the 85th Street and MacIver Avenue public Is a social community with diverse housing, service options, and employment opportunities. between Nashua Avenue and 80th Street through the central portion of the City. The contractor is Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff and the Planning Commission recommend approval of an Interim Use Permit to allow excavation for transport related to the 85th Street and MacIver Avenue public improvement project. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes Held by Planning Commission 17 September 2018 BACKGROUND/JUSTIFICATION: R.L. Larson Excavating, Inc. has been awarded the contract for the 85th Street and MacIver Avenue public improvement project. The public improvement project is for construction of a collector street roadway between Nashua Avenue and 80th Street through the central portion of the City. The contractor is proposing to excavate up to 78,000 cubic yards of sand and gravel material for the public improvement project from property owned by the Randall T. Pouliot Revocable Trust that is adjacent to the public improvement project. The excavation would be expected to occur from September 2018 through June 2019 in conjunction with the public improvement project. The proposed excavation of the sand and gravel material for use in the project requires approval of an interim use permit. A public hearing to consider the interim use permit application was held by the Planning Commission at their meeting on 17 September 2018. Mr. Brent Hamak of R.L. Larson Excavating, Inc. was present as was the consulting project engineer. There were four residents in attendance at the public hearing that live adjacent to the Pouliot property and the 85th Street and MacIver Avenue public improvement project. Questions from the public focused on the timing for future development of the property as well as operational issues related to the excavation. City staff noted that no development of the property can occur until trunk sanitary sewer and water utilities are extended. Any application to develop the property would require public hearings with notice to surrounding property owners. City staff repeated that the excavation operation will be confined to the area of the public improvement project. Mr. Hamak stated that they will be using off-road equipment to move the sand and gravel within the site, so there will not be any haul related traffic on existing public streets (including to/from the project once per day). The Planning Commission noted the completeness of the application and supported the request being undertake in conjunction with the 85th Street and MacIver Avenue public improvement project. City staff stated that as an interim use permit, the excavation is only allowed within the confines of the project area and until substantial completion of the project. The public hearing was closed. The Planning Commission voted 4 -Oto recommend approval of the interim use permit subject to the conditions presented by City staff. Findings of fact consistent with the recommendation of the Planning Commission have been drafted for consideration and action by the City Council. SUPPORTING DOCUMENTS ATTACHED: ■ Planning Report dated 13 September 2018 ■ Grading agreement ■ Findings of Fact and Decision POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve an interim use permit and grading agreement for R.L. Larson Excavating, Inc. allowing excavation for transport subject to the conditions listed in the Findings of Fact and Decision as presented. BUDGET INFORMATION FUNDING: BUDGETED: TPC The Planning Company PLANNING REPORT 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP REPORT DATE: 14 September 2018 ACTION DATE: RE: Otsego — R.L. Larson Excavating; Mining IUP TPC FILE: 101.01 BACKGROUND R.L. Larson Excavating, Inc. has been awarded the contract for the 85th Street and MacIver Avenue public improvement project. The public improvement project is for construction of a collector street roadway between Nashua Avenue and 80th Street through the central portion of the City. The contractor is proposing to excavate up to 78,000 cubic yards of sand and gravel material for the public improvement project from property owned by the Randall T. Pouliot Revocable Trust that is adjacent to the public improvement project. The excavation would be expected to occur from September 2018 through June 2019 in conjunction with the public improvement project. The proposed excavation of the sand and gravel material for use in the project requires approval of an interim use permit. A public hearing to consider the interim use permit application has been noticed for the Planning Commission meeting on 17 September 2018. Exhibits: ■ Site Location Map ■ 85th Street/MacIver Avenue project map ■ Contractor's Narrative dated August 21, 2018 ■ Civil plan set dated 08.28.18 (13 sheets) ANALYSIS Zoning. The subject site is zoned A-1, Agriculture Rural Service Area. Excavation of sand and gravel for transport off of the property is allowed as an interim use permit in accordance with Section 11-51-3.A of the Zoning Ordinance. Performance standards for mining uses are further established by Chapter 24 of the Zoning Ordinance addressed in the following paragraphs. Environmental Review. Minnesota Rules 4410.4300, Subp. 12 requires preparation of an Environmental Assessment Worksheet (EAW) to be prepared if a gravel mine excavates 40 acres or more to a mean depth of 10 feet. The proposed excavation of the subject site does not exceed this threshold and an EAW is not required to be prepared. The City may at its discretion order an EAW to be prepared if there is concern about potential environmental effects. City staff's opinion is that an EAW is unnecessary as the requirements of Chapter 24 and other provisions of the Zoning Ordinance and Engineering Manual insure adequate protection of the public's health, welfare and safety. Requiring preparation of a discretionary EAW for the proposed would likely not yield any additional information effecting the decision of the Planning Commission and City Council than would otherwise be required. Hours of Operation. The contractor proposes that excavation operations would be limited to 7:OOAM to 7:OOPM Monday through Friday. The proposed hours are consistent with the work hours allowed for the public improvement project for which the excavated material is to be utilized. The proposed hours of operation are consistent with the allowed work hours established for grading operations by the Engineering Manual. Any proposed modification of the proposed hours must comply with the City Code and Engineering Manual and would be subject to approval by the City Engineer. Access. The subject site abuts the north side of the 85th Street right-of-way west of MacIver Avenue. As all of the excavated material is to be for construction of the public streets within the public improvement project, there will be no hauling beyond the boundaries of the subject site and public right-of-way for 8511 Street and MacIver Avenue or project construction easements. No hauling of excavated material will occur over public streets beyond the public improvement project. Noise. Noise from the excavation operation will include digging equipment and haul trucks that are incidental to grading activities and will be in use throughout the area of the public improvement project. The contractor will also utilize a portable crusher for processing approximately 17,300 cubic yards of the 78,000 cubic yards of material to be excavated to comply with the construction specifications for the public improvement project. The contractor has provided documentation that the operation of the portable crusher complies with Minnesota Pollution Control Agency noise limits. The proposed location of the portable crusher within the subject site is more than 600 feet from the nearest residential properties and will be obstructed by existing topography. 2 Dust Control. The contractor will provide for dust control from the excavation operations by application of water to the area using a water trunl< maintained on site. Dust control beyond the excavation area within the subject site is to be managed as part of the public improvement project. Oversight of dust control for both the excavation of the subject site and public improvement project is the responsibility of the City Engineer. Erosion Control. The contractor has submitted a grading, drainage, and erosion control plan for the proposed excavation. Erosion control measures as required by the City Code and Engineering Manual will be in place during excavation operations. The proposed removal of 17 feet from a hill within the subject site will not alter drainage patterns upon restoration of the site after completion of the proposed excavation. All grading, drainage, and erosion control plans are subject to review and approval of the City Engineer. Ground Water Impacts. The proposed excavation will remove 17 feet of material from the excavation area. The City completed a geotechnical report in preparation of the public improvement project plans that included soil borings in the area of the proposed excavation. No ground water was found to a depth of 10 feet below the proposed excavation. There is to be no on-site well for the excavation operation and water that is needed will be obtained from existing City wells. No impact to the water table or area wells is anticipated as a result of the excavation. Performance Security. City staff recommends execution of a performance agreement by the property owner and contractor for the excavation as provided for by Section 11-5-8 of the Zoning Ordinance. The performance agreement will establish the terms and conditions of the interim use permit approval, provide for administration and inspection of the operation (separate from the public improvement project), and an escrow for costs incurred in the administration of the permit. Section 11-24-7 of the Zoning Ordinance requires a security be provided that would allow the City to provide for necessary erosion control and site restoration in the event the contractor would abandon the excavation. The City requires $3,000.00 per gross acre of disturbed area be provided as security for grading activities. This security must be provided prior to any excavating operations occurring on the subject site. The performance agreement is to be drafted by the City Attorney and is subject to approval by the City Council. Termination. Section 11-5-4 of the Zoning Ordinance provides for termination of an interim use permit upon a specific date or event, a violation of the permit conditions, a change in zoning making the use non -conforming, or the use ceasing. The proposed interim use permit for excavation of the subject site is based upon use of the specified quantity of material for the 85th Street and MacIver Avenue public improvement project. City staff recommends that termination of the interim use permit for the proposed exaction be conditioned to terminate upon exaction of 78,000 cubic yards of material or substantial completion of the project as determined by the City Engineer, whichever occurs first. Upon termination of the interim use permit, the contractor must restore the site in accordance with the submitted restoration plan. 3 Restoration Plan. At the termination of excavation operations, the contractor will replace the top soil on the area and the site will return to agricultural production consistent with the current use of the subject site. The contractor has provided a concept plan to illustrate potential future development of the subject site with single family lots. The concept plan is required to verify that the proposed excavation will not alter the site in a way that makes future development of the property not feasible based on the City's adopted utility plans. Additional grading of the subject site will be required in the future to bring the site to elevations suitable for development. The concept plan has no entitlement to subdivision and development of the subject site must be consistent with the Urban Service Area Staging Plan and Future Land Use Plan elements of the 2012 Comprehensive Plan. Criteria. Consideration of the proposed interim use is to be based upon (but not limited to) the criteria set forth in Section 11-5-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The subject site is located within Urban Service Expansion Area W2 and guded for future Low Density Residential land uses. Until such time as the subject site is included within the West Sewer District agricultural uses are to continue as an interim use. The proposed excavation of the subject site for the public improvement project will provide a local source of material needed for construction of 85th Street and Maclver Avenue, which are being completed in accordance with the Transportation Plan. The proposed excavation of the subject site will not negatively affect current agricultural use of the subject site and will facilitate future development of low density residential uses. The proposed interim use is consistent with the provisions of the Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The subject site is surrounded by the following proposed/existing land uses: Direction Land Use Plan Zoning Map Existing Use North LD Residential A-1 District Cultivated fields Rural Sin le Family East LD Residential A-2 District Cultivated fields Rural Sin le Family South LD Residential A-1 District Cultivated fields Farmstead West LD Residential A-1 District Agriculture fields The proposed excavation operation will be limited to the time period for the concurrent 85th Street and Maclver Avenue public improvement project for which the material from the subject site is to be utilized. Potential short-term impacts to surrounding properties are minimized by limits on hours of operation, maximizing the distance between the operations and surrounding properties, the natural topography of the area, and the performance standards established by the City Code. There will be no long-term III compatibility issues as a result of the proposed excavation. Rather, the proposed excavation will reduce the amount of grading required in the future for subdivision of the subject site and development of single family lots as guided by the Comprehensive Plan. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed excavation will comply with the provisions of the Zoning Ordinance, City Code, and Engineering Manual. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The proposed excavation does not utilize City streets for transportation of excavated materials. Use of the material from the subject site adjacent to the 85th Street and Maciver Avenue public improvement project means that sand and gravel material does not need to be hauled into the public improvement project area from other locations over existing City streets. The proposed excavation therefore eliminates potential impacts to existing public streets. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The proposed excavation is being undertaken in conjunction with the 85th Street and MacIver Avenue improvement project and will not affect City service capacity. RECOMMENDATION The proposed excavation of sand and gravel from the Pouliot property for the 85th Street and MacIver Avenue public improvement is for all intents and purposes an integral component of the construction of the public streets. The use of the local source of material will avoid potential impacts to public streets that hauling material into the public improvement project would cause and increase efficiency. Short term impacts of the excavation to surrounding properties are mitigated by compliance with the performance standards established by the Zoning Ordinance, City Code, and Engineering Manual that will be overseen by the City Engineer, which has an almost constant presence within the project are during construction hours. The proposed excavation will also bring the subject site closer to a condition to allow for future subdivision while allowing for continued agricultural use in the interim. City staff recommends approval of the interim use permit to allow excavation of the subject site as outlined below. POSSIBLE ACTIONS A. Motion to recommend approval of an interim use permit allowing excavation for transport subject to the following conditions: 1. The interim use permit shall terminate upon the following, whichever occurs first: a. Substantial completion of the 85th Street and MacIver Avenue public improvement project as determined by the City. b. Excavation of 78,000 cubic yards of material in accordance with the approved grading plan. 2. The use is allowed pursuant to the submitted plans and information approved by the City Council except as modified herein and shall at all times comply with the requirements of the City Code, Zoning Ordinance, Engineering Manual and the conditions of this interim use permit. 3. Hours of operations shall be limited to 7:OOAM to 7:OOPM Monday through Friday, unless otherwise approved in writing by the City Engineer. 4. No hauling of excavated material shall occur beyond the public improvement project. 5. Excavation operations and all equipment used in the excavation operations shall at all times comply with MPCA noise limits. 6. The contractor shall apply chemical treatment or water to the subject site as necessary to control dust, subject to approval of the City Engineer. 7. All grading, drainage, and erosion control plans are subject to review and approval of the City Engineer. 8. The final grading plan and site restoration shall be completed within 30 days after termination of the interim use permit. 9. The contract shall execute a performance agreement as drafted by the City Attorney and approved by the City Council. B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the Comprehensive Plan and requirements of the Zoning Ordinance, City Code and/or Engineering Manual. C. Motion to table. C. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer 7 IL i Ir ate_ -' •� =-•;" �;� � -��•'` LAIIF T\ - 4. 1 ;_ " ., f •J r IN NOW- Jiv riiC' ,,,,��'C�l(tGo; �rrrrrr✓J ��`; :' �;�• � - ".'' �,. �� � j, •- - ,4�i[y 11 4 11 �i 'LL'U/ "'•'_� -,ail Ellr� - ( { L 11117. `11 tgj Fri �c[[� err►t ' `\..1�:11:LL,�7 07 Ana I I !` • ° ' ( - 1 � M � ILI Zi�r�<<�`� �� • � �1��j ✓��(�-n^.�,o^�� ate-'` F �� [jam ` R- �1. 2911 AIII mom Wal lel August 21, 2018 Mr. Daniel Licht, AICP City Planner — City of Otsego 13400 901h Street NE Otsego, MN 554330 Dear Mr. Licht, 3315 Roosevelt Road Suite 500C P: 320.281.5493 ® St. Cloud, MN 56301 F: 320.281.5494 moose engineering,e RE: Mining Application for Permit Moore Project No. 20436 Electronic Submittal to DDL@PlanningCo.com Please review and accept the following narrative as part of the Mining Application for Permit, being submitted by RL Larson Excavating, Inc. The application requested is an interim use permit to perform limited mining and the setup of a portable crusher to supply aggregate material from the subject property currently zoned as A-1. This request is a one-time use only to supply the required aggregate material for the 85th Street NE improvement project being completed by the City of Otsego, which is directly adjacent to the proposed borrow site west of Mason Avenue and immediately north of the 85th Street NE project. In accordance with Chapter 9, 4-9-4.13.8 requirements for the narrative please review: 8.a Construction of the 851h Street NE project will be during the 2018/2019 construction season. It is conceivable that excavation and borrow may take place from the proposed borrow area from October 2018 through July 2019. Substantial completion of the project is slated for August 15, 2019, so all borrow activities will have ceased several weeks prior to that date. Hours of operation from the borrow area will be between 7AM and 7PM, Monday through Friday. Any operations outside of these timeframes will need to be approved in writing by the City. These hours of operation will apply throughout the cycle of the project. Active excavation will occur on the site during the months of October and November, 2018. Throughout the winter months the excavation will cease and weather permitting the excavation will resume in late April through June 2019. Final closure of the mining area will be August 15, 2019. 8.b RL Larson Excavating anticipates to use approximately 57,000 CY of material from the Pouliot property. Our site plan and related materials plan for approximately 78,000 CY of material to be removed as a built in contingency if more material is needed. The portable crusher will be utilized for approximately 17,300 cubic yards of material. Attached to this narrative are the sieve analysis completed by Independent Testing Technologies (11-0 for the samples of material taken from the site and denoted on the site plan. 8.c The depth of the water table is documented in the geotechnical report for the 85th Street NE project. SB's 7 and 8 are immediately south of the proposed borrow hill and are attached as an exhibit to this narrative. Ground water was not encountered after excavation at either location, both of which are approximately ten feet below the proposed finished grade elevation of the proposed excavation area. 8.d The purpose and plan of this operation is quite simply to take the top 17' of the hill on the Pouliot property and utilize it as granular material and class 5 aggregate on the 85th Street NE project. Additionally, the crusher is required to meet the project specifications for the class 5 material. Although, water may be used for period dust control as required. North Dakota - Bismarck • Minot • West Fargo Minnesota - Fergus Falls • St. Cloud mooreengineeringinc.com Page 2 Mining Application for Permit August 2018 8,e Travel routes to and from the site will limited between the borrow area and the 85'h Street project site. Given its location, the borrow site effectively becomes an extension of the project area. Hauling will be completed by off-road trucks and the path through the site is depicted on the site plan. Other than the borrow site, truck traffic for the purposes of aggregate materials will not leave the 851h Street project boundary. 8.f Drainage control is not a concern with the configuration of the proposed borrow area. Existing drainage patterns are not modified during or after construction concludes. We are essentially taking off the top 17' of the hill, re -spreading the topsoil, and returning the area to agricultural production land. Additionally, existing drainage patterns are not directed at any adjacent properties, but instead naturally away. 8.g An erosion and sediment control plan is included as part of the permit application. Please reference sheet 4 of the plan set submitted. Additionally, once the interim use permit is approved a NPDES/SWPPP permit will be obtained through the MPCA. 8.h Dust control at the borrow site will be addressed in a similar fashion to dust control on the 85'h Street NE project. RL Larson will keep a water truck on site when conditions warrant spraying water on borrow and grading areas to control the dust. Once parts of the borrow area are to the final grade, they will be stabilized as needed in accordance with City and State SWPPP requirements. 8.i As previously mentioned, the haul route between the borrow area will be limited to the 85'h Street NE project area. Street maintenance and haul material spill cleanup would be more applicable if this permit is denied and RL Larson needs to bring the material to the jobsite through town. 8.j Topsoil will be stockpiled around the borrow site, stabilized with straw mulch and seeded with a cover crop to control wind erosion during the construction cycle of the project. 8.k As previously mentioned, temporary mulching and watering of the borrow site will be utilized as needed to minimize wind erosion. W The land will be returned to crop production/agriculture at the conclusion of borrow operations. This is a general improvement to the land as the hill is currently not suitable/productive for crop production. 8.m Future residential development of the site will require additional removal/borrow from the hill that is being mined as part of this permit application. Our conceptual development plan calls for the hill to be lowered an additional 8-10' from the proposed finished grade at the conclusion of the mining operation. 8.n. Special conditions at the site include a temporary portable crusher at the site as indicated in items listed above. The crusher is utilized to make the existing aggregates meet the required specifications for the 851h Street project. The total amount of crushing will be approximately 3 -weeks of actual machine run time. Attached to this application are pictures of the crusher and a decibel chart giving comparable equipment. The location of the crusher will be as far away from existing residents as possible, which is approximately 635- feet/700-feet from the closest properties. Furthermore, the properties to the north are not visible to the crusher due to the topography of the site. This topography will also help to further diminish/block the noise of the crusher. At 200 -feet from the portable crusher the decibel level is merely 71 -decibels. As you can see from the example attached, a lawn mower would be louder than the level the crusher operates at this distance. Dust from the crusher will be minimal as the existing aggregates are mostly sand and the aggregate that requires crushing is minimal. Therefore, the crusher is acting more like a screen than a crusher due to the suitability of the on site material. In the event dust control is required, there are spray bars in the crusher to minimize dust in addition to supplemental water as required. The rehabilitation of the site after mining operations will be done to allow the site to resume its agricultural use until residential -development is started. Future land use using R-4 zoning requirements has been conceptually laid out on the affected property. The grading plan of the layout shows that the hill used for mining will need to be lowered an additional 8-10' to provide acceptable street grades and provide connectivity from east to west through the property. The proposed grading plan for the roadways and lots create 95,000 CY of cut and require ®moore engineering, inc. mooreengineeringinc.com Page 3 Mining Application for Permit August 2018 123,000 CY of fill that will easily be created in the pond excavation associated with creating storm water facilities for the development. The proposed sanitary and storm sewer utilities work well on the site, as does water main. Gravity sewer ties into the proposed trunk sanitary main proposed along the south and westerly portion of the site. Post development runoff will be routed to the ponds preliminarily designed on the east and west ends of the site. Preliminary calculations show that the areas shown as storm water facilities will accommodate dead and live volumes required by the State of Minnesota and City of Otsego Engineering manuals and specifications. A traffic control plan has not been included in the request for the interim use permit since no traffic control will be required due to the proximity of the mining site to the project location. It is extremely important to clarify this point as the approval of the interim use permit to mine the material as presented will save the need to truck the borrow in from an outside source that would travel on public street to reach the project area. The 57,000 cubic yards of borrow material required for the project if trucked from an off-site location would require approximately over 4,000 trips of on road trucks. These on road trucks would run continuously for over 2 -months of hauling throughout the City of Otsego. This creates a safety concern as the haul routes would require travel past existing homes, Prairie View Elementary school and City Hall. Truck traffic at this magnitude increases the potential for safety related issues to pedestrians, bikers, and existing traffic. It also deteriorates the existing roads. Thank you in advance for your attention and consideration. We feel that the approval of this interim use permit will help to eliminate significant truck traffic and eliminate safety concerns related to the volume of traffic required. Additionally, the property will be improved for accommodation of future development and helps to increase the likelihood of overall project success related to the 85'h Street Improvements. If you need additional information or have questions, suggestions, or concerns do not hesitate to contact me at (320) 281-5493 or via email Q thaiicek@mooreenQineednginc.com. Sincerely, Tyson Haficek, PE ®moore engineering, mc. mooreengineeringinc.com INDEPENDENT TESTING TECHNOLOGIES, INC. 337 31ST AVENUE SOUTH, WAITE PARK, MN 56387 PH: (320) 253-4338 FAX: (320) 253-4547 www.independenttesti.ngtech.com Report Date: August 1, 2018 Client: RL Larson Excavating, Inc. Mr. Brent Hamak 225512th St SE St. Cloud, MN 56304 Email: bthamak(cDuslink.net GRAIN SIZE ANALYSIS ITT Project: 18.265 Pit Check Otsego, Minnesota Sample Information Sample #: G-1 Sampled By: Client Lab Technician: CW Date Sampled: 7/31/2018 Date Received: 7/31/2018 Date Tested: 8/112018 Classification: Class 3 & 4 Location/Pit: Randy's/ 1 Specifications Laboratory Data Sieve Size % Passing Class 3 Class 4 112" 100 *** ** 318" 97 *** #4 95 35-100 35-100 #10 92 20-100 20-100 #20 75 *** *** #40 34 5-50 5-35 #80 7 *** *** #200 5.2 5-10 4-10 Remarks This sample meets MN/DOT specification 3138 for Class 3 & 4 material. Respectfully Submitted: Chad Wolney, Soils Lab INDEPENDENT TESTING TECHNOLOGIES, INC. 337 31ST AVENUE SOUTH, WAITE PARK, MN 56387 PH: (320) 253-4338 FAX: (320) 253-4547 www.independenttestingtech.com Report Date August 1, 2018 GRAIN SIZE ANALYSIS Client: RL Larson Excavating, Inc. ITT Project: 18.265 Pit Check Mr. Brent Hamak Otsego, Minnesota 225512th St SE St. Cloud, MN 56304 Email: bthamaM( uslink.net Sample Information Sample #: G-2 Sampled By: Client Lab Technician: CW Date Sampled: 7/31/2018 Date Received: 7/31/2018 Date Tested: 811/2018 Classification: Class 3 & 4 Location/Pit: Randy's/ 1 A Specifications Laboratory Data Sieve Size % Passing Class 3 Class 4 *** 112" 100 *** 3/811 98 ***** #4 96 35-100 35-100 #10 92 20-100 20-100 #20 78 *** ** #40 30 5-50 5-35 #200 4.2 5-10 4-10 Remarks This sample meets MN/DOT specification 3138 for Class 4 material. This sample does not meet MN/DOT specification 3138 for Class 3 material. Respectfully Submitted: Chad Wolney, Soils Lab INDEPENDENT TESTING TECHNOLOGIES, INC. 337 31ST AVENUE SOUTH, WAITE PARK, MN 56387 PH: (320) 253-4338 FAX: (320) 253-4547 www.independeuttestingtech.com Report Date: August 1, 2018 Client: RL Larson Excavating, Inc. Mr. Brent Hamak 225512th St SE St. Cloud, MN 56304 Email: bthamak(aDuslink.net GRAIN SIZE ANALYSIS ITT Project: 18-265 Pit Check Otsego, Minnesota Sample Information Sample #: G-3 Sampled By: Client Lab Technician: CW Date Sampled: 7/31/2018 Date Received: 7/31/2018 Date Tested: 811/2018 Classification: Class 3 & 4 Location/Pit: Randy's/ 2 Specifications Laboratory Data Sieve Size % Passing Class 3 Class 4 518" 100 *** *** 1/2" 98 *** *** 318" 89 #4 76 35-100 35-100 #10 56 20-100 20-100 #20 40 *** *** #40 29 5-50 5-35 #80 14 *** *** #200 10.3* 5-10 4-10 Remarks This sample does not meet MN/DOT specification 3138 for Class 3 and Class 4 material. Respectfully Submitted: Chad Wolney, Soils Lab to oo Irk I C,S.A.H. 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NON } f -- z —1 rq j G1 p �7 u= L z aN ou n m a V IEC j p- A — �o � � o ■�gm� ��o'y mom^ �S�x g y gip, OZ i zC :'q CJ ��o _xo.v,• u..� rid c^C� Fm of azw v� -u 5 ki, G7un„ s'.3��^�u%'+�o'uoeuuro�K �� " n-ar ^na ^- v'ou0 ->,i>w��rmst< n„ rw�z �.,a ar_i �z nnz .ZJ �`-C.C3r „>�si2app i� i-„iii-7� �L (A i-lyi� Z +•>i” Z G5 �y^w�s�ii9� �uo�>i �'• _ �ORIPE o" [ND -' > "u Ft �evo`-�i�o�TA�ioo„88�'ddc „ m z2 vaa� us�mz^�rozincA� „ ^io "� ��a „s"(A o - en �$ ^�' Mhz 'i „ „G.xa>��u w ' o R n3 c >z' .i rr�ooG zz� 9A A3z `; rq '�� of >K a= �F y (7 n`Go>� i->€ g�0' m X z4 ��� os oar rl Oz-„ D o w ,aoT „-40 y u i i 7 i 7 •i i i Y i o Y s Y '^ v N-k, u' X y� S s C Eg �g BORING NUMBER SB -8 A GD HaugoGeoTechnicalServices PAGE 1 OF 1 2825CedarAve Minneapolis, MN 554057 Telephone: 612-729-2959 CLIENT Hakanson Anderson PROJECT NAME 851h Street NE Extension PROJECT NUMBER 17-0103 PROJECT LOCATION Otsego MN DATE STARTED 2/28/17 COMPLETED 2118/17 GROUND ELEVATION 942.3 It HOLE SIZE 3 114 Inches DRILLING CONTRACTOR HGTS GROUND WATER LEVELS: DRILLING METHOD Hollow Stem Auger/Split Spoon AT TIME OF DRILLING — Not Encountered LOGGED BY MS CHECKED BY JC AT END OF DRILLING — Not Encountered NOTES Auger mel refusal at 14.5 feel AFTER DRILLING — Not Encountered Lu o F_: ♦ SPT N VALUE A O o. y w O 20 40 60 80 PL MC LL ♦ 1 20 40 60 60 x ,LF a p MATERIAL DESCRIPTION W w o > a 3 Z O -,� ¢ W " w ~ W" o J 0 a. =) Z O� w m0> O z z ¢ U) ❑ FINES CONTENT (%) ❑ U) 20 40 60 80 D Silty Clay, brown, wet. (Topsoil) AU 49 (CL) Sandy Lean Clay, trace Gravel, dark brown to brown, wet, medium. (Alluvium) SS 2-3-3 , 50 (6) 5 J......i SS 2-4-2 51 (6) (SP -SM) Poorly Graded Sand with Silt, fine to medium grained, 6-10-13 { trace Gravel, brown, moist, medium dense to dense. SS (GlacialOutwash) 52 (23) i 10SS 53 8-15-17 (32) i j i 1 1 1 i SS 15-17-22 1 i >>—1 >> 60/2- i 55 Bottom of borehole at 14.5 feet. 3 1 0 i i i a i UGC HaugoGeoTechnicalServices BORING NUMBER SB -7 PAGE 1 OF 1 2825 Cedar Ave Minneapolis, MN 554057 Telephone: 612-729-2959 CLIENT Hakanson Anderson PROJECT NAME 85th Street NE Extension PROJECT NUMBER 17-0103 PROJECT LOCATION Otsego MN DATE STARTED 2127/17 COMPLETED 2/27/17 GROUND ELEVATION 944 ft HOLE SIZE 3 1/4 inches DRILLING CONTRACTOR HGTS GROUND WATER LEVELS: DRILLING METHOD Hollow Stem Auger/Split Spoon AT TIME OF DRILLING 9.00 R / Eley 935.00 ft LOGGED BY MS CHECKED BY JC AT END OF DRILLING —.Not Encountered NOTES AFTERDRIWNG —Not Encountered r o x W'-' O 0 = 0 a ¢� C�7 MATERIAL DESCRIPTION W m _j :j> a - O CONTENT <z e w 0 O O� uj MC 3 z -j ¢ m0> V ? t z ul FD ^ `" o w Z A SPT N VALUE A 20 40 60 80 PL LL -' 20 4D 60 80 ❑ FINES (%) El 20 40 60 80 Silly Clay, black, wet. (Topsoil) AU •. ; y 33 (CL) Lean Clay, trace rust staining, brown, wet, rather soft (Alluvium) SS 1-2-3 5 15 :.... .:.. .: ..._. . (CL) Sandy Lean Clay, trace Gravel, with Poorly Graded Sand seam at 5 feet, rust staining, brown, wet, rather soft to medium. (Alluvium) 85 35 2-3-2 (5) ...... :. ...:.. ......... U13 2-3.4 (7) 10 ........... .:....... (CL) Sandy Lean Clay, trace Gravel, brown, moist, rather stiff to very stiff. (Glacial Till) U937S 3-57 (12) SS 9 7-8-9 15 .......... SS 39 3-5-7 (12) 20 .:.... ..:......i.... .i. .... SS 40 4-6-7 (13) Bottom of borehole at 21.0 feet. 4-J c cu E 4. 0 I Ln Ln Il u -u Ln U U 0 QJ u E Ln E 0 Vu C: QJ 4-J 0 E 0 Lrl Ln Ln (1) 0 Ln Ch 0 CF) 1 0 04 r -I 0 Lti T-4 0 It r zF ca r -I m r -A T-1 —J 0 QJ E Ln E 0 C: QJ 4-J 0 E 0 z: u 0 u LTJ I ca u U- '3 (Pt —J Crusher Feeder — Capacity Plant Weight Model Inches Millimeters Inches x Feet Millimeters TPH MTPH Pounds Kilograms GT440CC 42 00 1,067 x 1,016 40 X14 1,016 x 4,267 400 363 47,000 44,000 GT4400C 42 x 4b 1,067 x 1,016 40 x.14 1,016 x 4,267 400 363 82,700 37,500 FT4250CC 42 x 50 1,067)e. 1,270 50 x 15 1,270141572. 400 363 112,500 51,029 F 4-2 000C 42 ,k 50 1,067x 1,270 50 x.15 1,274 x 4,572 400 363 99,000 t44X06 t526052 x 60 1,321 1,524 50 x 18 1,2: f) X..:,,486 750 680 112,5011 71,029 A ailable a5 — G Track -Mounted Portable Stationary Page 1 of 1 littps://st.masciis.com/image/pi-odLict/large/i,olvocetis/kpi jci-11425Ooc,30119G5494.jpg 2/20/2017 90j'A§; q I�'o8 9 o �NsA � � H H1 I c) 2T'9c9z$ 1mmoez y�oN R {n ®i. p Ni� n P�>"° o8m f;8 M ;Pr'n log"off mix .. 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POULIOT REVOCABLE TRUST PROPERTY (PIDs 118-500-192300 and 118-500-192400) WITHIN THE CITY OF OTSEGO WHEREAS, the applicant R.L. Larson Excavating, Inc., a Corporation under the laws of the State of Minnesota (DEVELOPER) have been granted rights to excavate on certain property owned by the Randall T. Pouliot Revocable Trust and Karen K. Pouliot Revocable Trust located east of MacIver Avenue at future 85th Street described as follows: See Exhibit A. WHEREAS, the applicant has requested that the City of Otsego (CITY), a Minnesota municipal corporation approve an Interim Use Permit (IUP) to allow for excavation of the site in conjunction with the City's 85th Street and MacIver Avenue public improvement project; and WHEREAS, the applicant was the low bidder on the Project and will use the material on the project without the need to use adjacent City streets as haul roads; and WHEREAS, the CITY has approved the Interim Use Permit as applied for by DEVELOPER NOW THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. DEVELOPER will commence grading of the site only to the extent approved by the City Engineer. No work will be undertaken until DEVELOPER has: A. Submitted and has approved by the City Engineer grading and erosion control plans for the site. B. Resolved with the City Engineer any and all areas where grading will not be permitted. C. Resolved any outstanding drainage and erosion control issues to the satisfaction of the City Engineer. D. Hours of operation shall be limited as to those contained in the adopted Interim Use Permit. E. Haul routes for vehicles used in transport of materials shall be as designated in the IUP with no hauling or excavation beyond the CITY public improvement project. The City Engineer has discretion to change the designated haul routes in event of unforeseen circumstances. This Agreement may be terminated and all work on the site may be terminated by the CITY for applicant's failure to fully comply with the IUP. F. DEVELOPER has attended a pre -construction conference with the City Engineer. 2. DEVELOPER will undertake such work with knowledge of the terms and conditions of the IUP which it agrees to comply with. All work undertaken is solely at the risk of DEVELOPER. DEVELOPER specifically waives any claim or cause of action of whatever nature against the CITY, its officers, employees, agents or contractors relative to the work undertaken and this Agreement. 3. DEVELOPER shall make any required changes in grading and/or excavation as directed by the City Engineer, or immediately cease all work and take whatever restoration actions are required by CITY. In the event that DEVELOPER fails to cease work or undertake or complete required changes or restoration, CITY may utilize any and all escrow or security funds posted by DEVELOPER under this Agreement to take the required actions, as well as to reimburse itself for any costs incurred by CITY, including administrative, engineering and legal fees and costs. 2 4. DEVELOPER shall indemnify and hold harmless the CITY from any and all claims or causes of action of whatever nature related to the grading and excavation of the site as set forth in this Agreement, except for claims or causes of action resulting from willful or wanton acts of the CITY, its officers, employees or agents. Said indemnity and agreement to hold the CITY harmless includes payment of any and all attorney's fees, engineering fees, witness fees or any other costs and disbursements related to this Agreement, including any CITY fees or costs expended to enforce the terms and conditions of this Agreement. 4. In order to ensure compliance with this Agreement, or to assure completion or restoration of the site, DEVELOPER shall fully execute and deliver to the CITY this Agreement and all escrow required by this Agreement. The area to be graded is five (5) acres, based upon $3,000.00 per acre, the escrow for this Agreement is $15,000.00. Upon five (5) days notice to DEVELOPER, CITY may utilize any of the escrow funds to complete needed site changes, modification or restoration. If costs are incurred by CITY for restoration above and beyond the amount of the escrow, DEVELOPER shall be liable for all additional costs, including engineering, planning and legal fees and costs which DEVELOPER shall promptly pay upon billing. The escrow shall only be released upon determination by the City Engineer that it is no longer required. 5. The DEVELOPER shall comply with all terms and conditions of this Agreement, the approved IUP and the Grading Plan, attached as Exhibit B. Termination of the IUP shall also terminate this Agreement thirty (30) days after termination of the IUP. If restoration is not completed at the end of thirty (30) days after termination of the IUP all terms and conditions related to security and enforcement of this Agreement shall remain in force and in effect until all restoration has been completed to the satisfaction of the City Engineer. 6. DEVELOPER represents that it has legal access to the property described in order to undertake the proposed excavation and restoration as set forth in this Agreement. DEVELOPER shall procure from the property owner and deliver to CITY the necessary right of entry and/or easements necessary for the CITY to enter the property periodically for inspections of the work, or to enter in order to restore the site if said work is not completed by the DEVELOPER. 7. DEVELOPER shall pay all applicable City extraction fees related to the IUP as set forth in Section 3-1-2.1 of the adopted Otsego City Fee Schedule. Dated: Dated: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk DEVELOPER R.L. LARSON EXCAVATING, INC. CONSENT By: Its The undersigned owners of that real property described in Exhibit A attached hereto hereby affirms that the DEVELOPER has the right to use the property for the purposes of the IUP and agrees and consents to all terms and conditions of this Agreement and the approved IUP. Property Owner hereby consents to allow the CITY, its officers, employees, agents and contractors to enter the property at any time while the IUP is in effect to observe and inspect the work undertaken by DEVELOPER, or to enter the property in order to restore the property as set forth in an approved Restoration Plan. Dated: RANDAL T. POULIOT TRUSTEE OF THE RANDAL T. POULIOT REVOCABLE TRUST Dated: KAREN K. POULIOT TRUSTEE OF THE KAREN K. POULIOT REVOCABLE TRUST DRAFTED BY: Andrew MacArthur MACARTHUR LAW OFFICE, LLC 3601 Thurston Avenue N Suite 103 Anoka, MN 55303 EXHIBIT A- LEGAL DESCRIPTION PARCEL NO. 118-500-192400: The Southeast Quarter of the Northwest Quarter of Section 19, Township 121 North, Range 23 West, Wright County, Minnesota, containing 40.60 acres, more or less. PARCEL NO. 118-500-192300: The South Half of the Southwest Quarter of the Northwest Quarter of Section 19, Township 121 North, Range 23 West, Wright County, Minnesota, containing 20.79 acres, more or less. 6 EXHIBIT B- APPROVED GRADING PLAN (ATTACHED) CITY O 0tSe F O MINNESOTA APPLICANT: R. L. Larson Excavating, Inc. 18 Sep 18 FINDINGS & DECISION INTERIM USE PERMIT APPLICATION: Request for approval of an interim use permit to allow excavation for transport related to the 851h Street and MacIver Avenue public improvement project. CITY COUNCIL MEETING: 24 September 2018 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the Urban Service Reserve Area and is guided for future Low Density Residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned A-1, Agriculture Rural Service District in accordance with the interim land use policies of the Comprehensive Plan. D. The applicant is proposing to excavate portions of the subject site for sand and gravel material to be used for the 85th Street and MacIver Avenue public improvement project; excavation for transport is allowed as an interim use within the A-1 District in accordance with Section 11-51-3.A of the Zoning Ordinance. E. The Planning Commission and City Council must take into consideration the possible effects of the request with their judgment based upon (but not limited to) the criteria outlined in Section 11-5-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The subject site is located within Urban Service Expansion Area W2 and guided for future Low Density Residential land uses. Until such time as the subject site is included within the West Sewer District agricultural uses are to continue as an interim use. The proposed excavation of the subject site for the public improvement project will provide a local source of material needed for construction of 85th Street and Maclver Avenue, which are being completed in accordance with the Transportation Plan. The proposed excavation of the subject site will not negatively affect current agricultural use of the subject site and will facilitate future development of low density residential uses. The proposed interim use is consistent with the provisions of the Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is surrounded by the following proposed/existing land uses: Direction Land Use Plan Zoning Map Existing Use North LD Residential A-1 District Cultivated fields The proposed excavation operation will be limited to the time period for the concurrent 85th Street and Maclver Avenue public improvement project for which the material from the subject site is to be utilized. Potential short-term impacts to surrounding properties are minimized by limits on hours of operation, maximizing the distance between the operations and surrounding properties, the natural topography of the area, and the performance standards established by the City Code. There will be no long-term compatibility issues as a result of the proposed excavation. Rather, the proposed excavation will reduce the amount of grading required in the future for subdivision of the subject site and development of single family lots as guided by the Comprehensive Plan. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed excavation will comply with the provisions of the Zoning Ordinance, City Code, and Engineering Manual. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed excavation does not utilize City streets for transportation of excavated materials. Use of the material from the subject site adjacent to the 85th Street and Maclver Avenue public improvement project means that sand and gravel material does not need to be hauled into the public improvement project area from other locations over existing City streets. The proposed excavation therefore eliminates potential impacts to existing public streets. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed excavation is being undertaken in conjunction with the 85th Street and Maclver Avenue improvement project and will not affect City service capacity. F. The planning report dated 14 September 2018 prepared by the City Planner, The Planning Company LLC., is incorporated herein. G. The Otsego Planning Commission held a public hearing at their regular meeting on 17 September 2018 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and voted 4-0 to recommended that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED subject to the following conditions: The interim use permit shall terminate upon the following, whichever occurs first: 2 Rural Single Family East LD Residential A-2 District Cultivated fields Rural Single Family South LD Residential A-1 District Cultivated fields Farmstead West LD Residential A-1 District Agriculture fields The proposed excavation operation will be limited to the time period for the concurrent 85th Street and Maclver Avenue public improvement project for which the material from the subject site is to be utilized. Potential short-term impacts to surrounding properties are minimized by limits on hours of operation, maximizing the distance between the operations and surrounding properties, the natural topography of the area, and the performance standards established by the City Code. There will be no long-term compatibility issues as a result of the proposed excavation. Rather, the proposed excavation will reduce the amount of grading required in the future for subdivision of the subject site and development of single family lots as guided by the Comprehensive Plan. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed excavation will comply with the provisions of the Zoning Ordinance, City Code, and Engineering Manual. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed excavation does not utilize City streets for transportation of excavated materials. Use of the material from the subject site adjacent to the 85th Street and Maclver Avenue public improvement project means that sand and gravel material does not need to be hauled into the public improvement project area from other locations over existing City streets. The proposed excavation therefore eliminates potential impacts to existing public streets. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed excavation is being undertaken in conjunction with the 85th Street and Maclver Avenue improvement project and will not affect City service capacity. F. The planning report dated 14 September 2018 prepared by the City Planner, The Planning Company LLC., is incorporated herein. G. The Otsego Planning Commission held a public hearing at their regular meeting on 17 September 2018 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and voted 4-0 to recommended that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED subject to the following conditions: The interim use permit shall terminate upon the following, whichever occurs first: 2 a. Substantial completion of the 85th Street and MacIver Avenue public improvement project as determined by the City. b. Excavation of 78,000 cubic yards of material in accordance with the approved grading plan. 2. The use is allowed pursuant to the submitted plans and information approved by the City Council except as modified herein and shall at all times comply with the requirements of the City Code, Zoning Ordinance, Engineering Manual and the conditions of this interim use permit. Hours of operations shall be limited to 7:OOAM to 7:OOPM Monday through Friday, unless otherwise approved in writing by the City Engineer. 4. No hauling of excavated material shall occur beyond the public improvement project. 5. Excavation operations and all equipment used in the excavation operations shall at all times comply with MPCA noise limits. 6. The contractor shall apply chemical treatment or water to the subject site as necessary to control dust, subject to approval of the City Engineer. 7. All grading, drainage, and erosion control plans are subject to review and approval of the City Engineer. 8. The final grading plan and site restoration shall be completed within 30 days after termination of the interim use permit. 9. The contract shall execute a performance agreement as drafted by the City Attorney and approved by the City Council. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 24th day of September, 2018. Tami Loff, City Clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor