HomeMy WebLinkAbout5.a. CleanSoils Minnesota, Inc. Multiple Use Planned Unit Development in the General Industrial DistrictCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: September 3, 1996
AGENDA ITEM: CleanSoils Minnesota, Inc. Multiple Use
AGENDA SECTION:
Planned Unit Development in the
Old Business
General industrial District.
PREPARED BY: Rick Pearson, Assistant Planner
AGENDM #5—A
ATTACHMENTS: Resolution, Site Plan, Details, Draft PUD
APPROVED BY:
Agreement, 8-13-96 PC Minutes
Mr. Jack Poucher, President and Owner of CleanSoils, Minnesota, Inc. has requested approval
to locate his company on the Continental Nitrogen & Resources (CNR) Corporation site between
STH 52 and STH 55. CleanSoils processes petroleum contaminated soil through a roasting
process. The equipment and process appears similar to an asphalt plant. Both asphalt plants
and recycling operations are permitted uses in the General Industrial District, although the
planned unit development process is required to approve multiple uses on a single industrial
site.
On July 23 and August 13, 1996, the Planning Commission discussed the proposal and
adopted a motion to recommend approval subject to the recommended conditions. The
Planning Commission discussion illuminated concerns of liability, runoff issues, previous
contamination issues, and the possibility of obtaining host community fees. The property
owner (CNR) and CleanSoils will be liable for any thing that happens on the site. The lease
structure should define areas of liability and responsibility. The required grading permit plan
review process will resolve concerns about runoff issues. Previous contamination issues are
the responsibility of the property owner. Lastly, the City Attorney indicated that host
community fees would not be possible because the recycled material is eventually used as fill
replacing the contaminated soil somewhere, unlike a landfill where the material stays within the
City.
RECOMMENDED ACTION:
Motion to adopt a resolution approving the General Industrial Planned Unit Development for
multiple uses requested by CleanSoils Minnesota, Inc.
COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1996-
A RESOLUTION TO APPROVE THE
GENERAL INDUSTRIAL MULTIPLE USE
PLANNED UNIT DEVELOPMENT FOR
CLEANSOMS MINNESOTA, INC.
WHEREAS, the City of Rosemount received a request from Jack Poucher, President of
CleanSoils Minnesota, Inc to co -locate a petroleum contaminated soil recycling plant on property
in the General Industrial District; and,
WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing as
required by Section 16 of Ordinance B on July 23, 1996; and,
WHEREAS, the Planning Commission forwarded a recommendation to the City Council on
August 27, 1996.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rosemount
hereby approves the General Industrial multiple use planned unit development required for
CleanSods subject to:
1. Provision of documentation of required MPCA and Dakota County permits specifically for
the Continental Nitrogen and Resources site
2. Approval of a grading permit as required by the Public Works Department.
3. Provision of a liner for the stockpile area including the internal side of the berm to contain
runoff from a 24 hour -100 year rainfall event in addition to the sedimentation basins
indicated on the plan.
4. Provision of a security in the amount of $10,000., in a form acceptable to the City
Administrator for the purpose of site restoration to enable future General Industrial
redevelopment.
5. Conformance with all applicable requirements specified for Recycling Operations, Section
14.9 including such additional conditions as may be required to ensure compliance with
Ordinance B, the Zoning Ordinance.
6. Execution of a PUD agreement with the operator, property owner and the city to secure
the conditions of operations, securities and responsibilities of the parties to the agreement.
ADOPTED this 3rd day of September, 1996 by the City Council of the City of Rosemount.
ATTEST:
Susan M. Walsh, City Clerk
Cathy Busho, Mayor
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
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MEMO
August 8, 1996
To: Bud Osmundson, Public Works Director
From: Tim P. Brown, Water Resources Coordinator
RE: CleanSoils Second Site Plan
On August 7 Ric Pearson and I visited the second site proposed for CleanSoils soil
treatment facility at the eastern end of Continental Nitrogen's site (see attached map).
The location is currently a "junkyard" area where miscellaneous hardware, pipe, ect. is
stored.
This second site is far superior to the first. Here a 8-15 foot berm exists that will be
incorporated into the soil site facility. This berm could provide a barrier to flow down
the slope toward the south which leads off the property.
They have also increased the storm water storage capacity from 16,368 fe to 22,200 fe.
This is close to the one hundred year capacity (87% or 4.7 inches of rain) that I
recommended on my July 10 memo. As with the first plan, both the pad and retention
basins are lined.
Jack Poucher of CleanSoils (483-4600) seemed very candid in answering questions. He
told me that all, or nearly all, contaminated soil will come from outside Rosemount,
although they would eventually like to deal with PCB remediation at Continental
Nitrogen. Incoming soils are checked for constituents by the MPCA and CleanSoils is
limited to treating only highly volatile gasoline -diesel type of contaminants by their
lengthy air discharge permit with the state. Soils are transported in regular open dump
trucks. Soils treated are then sampled for contaminants and if clean are delivered back to
a contaminated site, or in this case may be used as fill to remove the long slope between
this site and the southern boundary. Storm water collected in the basins is pumped back
over the soil to allow evaporation and re -adsorption of contaminants to the soil.
I believe that the prospect of potential offsite transport is greatly diminished in the
currently proposed location. Berming, increased distance to property lines, and increased
water retention capacity should greatly enhance transport minimization. Key here is
maintenance of these safe guards. I recommend that if we approve this plan we reserve
the right to inspect their operation at our discretion.
MEMO
July 10, 1996
To: Bud Osmundson, Public Works Director
From: Tim P. Brown, Water Resources Coordinator
RE: Site Visit Regarding Continental Nitrogen Site Soil "Recycling" PUD
On July 10 I visited the site of the proposed soil treatment facility at the southeast comer
of Continental Nitrogen's site. The location is currently vacant with evidence of recent
and not -so -recent disposal. Overgrown manmade humps, debris and odors are common.
About 200 feet outside of the fence lies a small depression identified on the National
Wetland Inventory as a PEMC wetland. The area is currently cultivated and there is no
vegetative or hydrologic indication of a wetland there. Drainage off this portion of the
site is clearly to the southeast, out of the fenced in area, and toward this depression. This
depression almost certainly acts as a focal point for groundwater recharge. See attached
figures.
The prospect of potential offsite transport leads me to recommend that the lined portion
of the retention basins (sumps) be sized for at least the 100 year storm (consistent with
other city ponds), plus an additional volume for soil transported into the basins. Loose
piles of soil, without containment or restriction, will be transported relatively efficiently
for any given storm event into the basins leaving less volume for storm water. It is
difficult to estimate the volume of sediments so collected. This volume would depend on
rainfall intensity, duration, slopes of soil piles and the slab, and grain size distribution of
soil. Based on limited experience I would ask for another 25-50% of the 100 year
volume.
For the 200 ft by 256 ft area proposed, and a 6 inch rainfall, a volume of 25,600 cubic
feet is needed for storm water with an additional 6,400 to 12,800 cubic feet for soil
accommodation. In the plan presented the 36 feet of retention pond area is not included
in their storm water calculation. Some reliable method of preventing soil erosion into
basins might decrease the need for soil volume accommodation.
Finally, it would be interesting to know what will be done with water that collects in
these lined ponds. Will it be left to evaporate? Pumped to storm water treatment? And
will the basin liners be checked for leaks periodically?
DRAFT
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AGREEMENT TO CONDITIONS OF OPERATION
FOR THE MULTIPLE USE PLANNED UNIT DEVELOPMENT
IN THE GENERAL INDUSTRIAL DISTRICT
AGREEMENT dated this day of , 1996, by and between the City of
Rosemount, a Minnesota municipal corporation, ("City"), and Continental Nitrogen Resources
Corporation, (the "Property Owner") and CleanSoils Minnesota, Inc., ("the Operator").
1. Request for Planned Unit Development. The Operator has asked the City to approve a
planned unit development (PUD)for multiple uses in the General Industrial District to
allow the co -location of the Operator's petroleum contaminated soil remediation plant
onto property owned and occupied by the Property Owner. The property is legally
described as follows:
SEE ATTACHED
2. P.U.D. Approval. The City has approved the multiple use PUD on August 20, 1996
subject to:
1) Provision of documentation of required MPCA and County permits specifically for
the CNR site.
2) Approval of a grading permit as required by the Public Works Department.
3) Provision of a liner for the stockpile area including the internal side of the berm to
contain storm water runoff from a 24 hour - 100 year rainfall event in addition to
the sedimentation basins indicated on the plan.
4) Provision of a security in a form acceptable to the City Administrator for the
purpose of site restoration to enable future General Industrial redevelopment.
5) Conformance with all applicable requirements specified for Recycling Operations,
Section 14.9 including such additional conditions as may be required to ensure
compliance with Ordinance B, the Zoning Ordinance.
6) Execution of (this) PUD agreement with the Operator, Property owner and the
City to secure the conditions of operations, securities and responsibilities of the
parties to the agreement.
3. Effect of Planned Unit Development Approval. No changes to the operation will be
allowed unless agreed to in writing by the City, the Operator and the Property Owner.
Notwithstanding anything in this contract to the contrary, the full extent permitted by state
law the City may require compliance with any amendments to the City's Comprehensive
Guide Plan, official controls, platting or dedication requirements enacted after the date of
this Contract. The Operator and the Property Owner shall conform to all conditions of
PUD approval.
4. Development Plans. Improvements related to the operation shall be in accordance with
the attached site plan and grading plan as approved by the City Engineering Department.
5. Security. To guarantee compliance with this agreement, the Operator shall furnish the
City with a cash escrow or irrevocable letter of credit from a bank ("security") for
$10,000. The bank and form of the letter of credit shall be subject to the approval of the
City Administrator or the City Administrator's designee. The letter of credit may be for a
one (1) year term provided it is automatically renewable for successive one year periods
from the present until such time as the CleanSoils use is discontinued and that all
remediation and restoration of the site has occurred so that the site can be redeveloped for
permitted General Industrial use. In the event of a default under this PUD agreement, by
the Operator, the City shall furnish the Operator with written notice by certified mail of
Operators default(s) under the terms of this agreement. If the Operator does not remove
said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of
credit. With City approval the letter of credit may be reduced as financial obligations are
paid and site restoration has been completed to City's requirements.
6. Grading Plan/Site Grading. The Developer shall submit to the City a site grading and
drainage plan for the entire site of operations and extending to the eastern and southern
property lines. Site grading shall comply with the approved grading plan and be approved
by the Public Works Director.
7. License. The Operator and Property Owner hereby grant the City, its agents, employees,
officers and contractors a license to enter the property to perform all work and inspections
deemed appropriate by the City. The license shall expire after the site has been
redeveloped for permitted General Industrial use.
8. Erosion Control. All areas disturbed by the excavation and backfilling operations shall be
reseeded within 72 hours after the completion of the work in that area. Except as
otherwise provided in the erosion control plan, seed shall be rye grass or other fast-
growing seed suitable to the existing soil to provide a temporary ground cover as rapidly
as possible. Sod is required on all slopes greater than ten percent (10%) gradients or as
directed by the City Engineer. All seeded areas shall be mulched and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the operator does not comply with the abovementioned erosion
control practices or supplementary instructions received by the City, the City may take
such action as it deems appropriate to control erosion, including those provisions listed in
paragraph 6. The City will endeavor to notify the Operator in advance of any proposed
action, but failure of the City to do so will not affect the Operator's or the City's rights or
obligations hereunder. If the Operator does not reimburse the City for any cost the City
incurred for such work within thirty (30) days, the City may draw down the letter of credit
to pay any costs.
9. Responsibility for Costs.
A. Except as otherwise specified herein, the Operator shall pay all costs incurred by it
or the City in conjunction with the development of the site including, but not
limited to, Soil and Water Conservation District charges, legal, planning,
engineering and inspection expenses incurred in connection with approval of the
multiple industrial use PUD, the preparation of this contract, and all costs and
expenses incurred by the City in monitoring and inspecting development and
operation of the C1eanSoils facility and the enforcement of this contract.
B. The Operator and Property Owner shall hold the City and its officers and
employees harmless from claims made by itself and third parties for damages
sustained or costs incurred resulting from project approvl, development and
operation. The Operator and Property Owner shall indemnify the City and its
officers and employees for all costs, damages or expenses which the City may pay
or incur in consequence of such claims, including attorney's fees.
10. Miscellaneous.
A. The Operator represents to the City that the PUD complies with all city, county,
metropolitan, state and federal laws and regulations including, but not limited to:
zoning ordinances and environmental regulations. If the City determines that the
PUD does not comply, the City may, at its option, refuse to allow construction or
the operation of CleanSoils until the Operator does comply.
B. Third parties shall have no recourse against the City under this contract.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
contract is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
D. The action or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this Contract
shall not be a waiver or release.
E. The Operator represents to the City to the best of its knowledge that the plat is not
of "metropolitan significance" and that an environmental impact statement is not
required. If the City or another governmental agency determines that such a
review is needed, however, the Operator shall prepare it in compliance with legal
requirements so issued from the agency. The Operator shall reimburse the City for
all expenses, including staff time and attorney's fees, that the City incurs in
assisting in the preparation of the review.
F. _ This Contract shall run with the land and may be recorded against the title to the
property. After the Operator has completed work required of it under this
Contract, at the Operator's request, the City will execute and deliver to the
Operator a release.
G. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or
hereafter arising, available to the City, at law or in equity, or under any other
agreement, and each and every right, power and remedy herein set forth or
otherwise so existing may be exercised from time to time as often and in such
order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
H. The operator may not assign this Contract without the written permission of the
City Council.
I. The city assumes no responsibility for design, construction, maintenance, or
longevity of Operator installed improvements.
11. Notices. Required notices to the Operator shall be in writing, and shall be either hand
delivered to the Operator, its employees or agents, or mailed to the Operator by registered
mail at the following address: CleanSoils Minnesota, Inc., 3600 Labore Rd., Vadnias
Heights, MN. 55110. Notices to the Property Owner shall be made to: Continental
Nitrogen & Resources Corporation, 12955 Courthouse Blvd., Rosemount, MN
55068. Notices to the City shall be in writing and shall be either hand delivered to the City
Administrator, or mailed to the City by registered mail in care of the City Administrator at
the following address: Rosemount City Hall, 2875 145th Street West, Rosemount, MN
55068. Attention: City Administrator.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
CleanSoils Minnesota, Inc.
BY:
Jack Poucher, President and Owner
Continental Nitrogen & Resources Corporation
BY:
Its
City of Rosemount
BY:
Cathy Busho, Mayor
BY:
Susan M. Walsh, City Clerk
ROSEMOU NT
Everything's Coming Up Rosemount!!
Planning Commission
REGULAR MEETING MINUTES - AUGUST 13, 1996
QTY HALL
2875 —145th Street West
P.O. Box 510
Rosemount, MN
55068-0510
Phone: 612.423.4411
Fax: 612-423.5203
Pursuant t call and notice thereof a Regular Meeting of the Planning Commissio duly
held on Tuesday, Au 13, 1996 at 6:30 p.m. Chairperson William Droste c e meeting to
order with members Mark De 'es, Patrick McDermott and e -Corrigan present. Also in
attendance was Community Develop Director Dan Ro enior Planner Andrew Mack, and
Civil Engineer Doug Litterer.
Senior Planner Mack stated that there re no changes to the
MOTION by Drost pprove the July 23, 1996 Regular Planning Commissiorl eting Minutes
as presented onded by McDermott. Ayes: McDermott, Shoe -Corrigan, Droste, and
De gnies. Nays: 0. Motion passes 4-0.
Old Business: Cleansoils Minnesota, Inc - Concent Planned Unit Development
Community Development Director Rogness mentioned that the Planning Commission reviewed this
application at its July 23, 1996, meeting and at that time the Commission directed Staff to prepare
findings and conditions in support of this concept plan. Mr. Rogness stated that since that time the
location of this facility on the Continental Nitrogen site has changed. He reviewed the location of the
new site and berming issues. W. Rogness stated that Staff is recommending approval subject to 6
conditions. It was mentioned that the applicant has concerns with conditions 93 and #4. Mr. Rogness
stated that after Assistant Planner Pearson returns from his vacation these conditions will be
reviewed and dealt with before this proceeds to the City Council. Mr. Rogness further stated that he
has contacted Dakota County regarding this application and was informed that financial security will
be required as part of a future closure plan, and the County will complete its permitting after the
City's process is completed. .
Member DeBettignies stated that he was concerned with co -locating Continental Nitrogen and the
applicant on the same site in regards to future liability issues. Jim Poucher, a representative of the
applicant, stated that they have substantial security with Dakota County, insurance and language in
the lease that will cover any future liability problems.
A discussion occurred regarding host community fees, runoff issues, and liability for any previous
contamination on the site.
MOTION by Tentinger to recommend approval of the Cleansoils/Continental Nitrogen Resources
multiple General Industrial use PUD subject to: 1) Provision of documentation of required MPCA
and County permits specifically for the CNR site; 2) Approval of a grading permit as required by the
;W�&dvWkdp.W,
Regular Planning Commission Meeting Proceedings
August 13,1996
Page 2
Public Works Department; 3) Provision of a liner for the stockpile area including the internal side of
the berm to contain runoff from a 24 hour -100 year rainfall event in addition to the sedimentation
basins indicated on the plan; 4) Provision of a security in a form acceptable to the City Administrator
for the purpose of site restoration to enable future General Industrial redevelopment; 5)
Conformance with all applicable requirements specified for Recycling Operations, Section 14.9
including such additional conditions as may be required to ensure compliance with Ordinance B, the
Zoning Ordinance; and 6) Execution of a PUD agreement with the operator, property owner and the
city to secure the conditions of operations, securities and responsibilities of the parties to the
agreement. Seconded by Droste. Ayes: Shoe -Corrigan, Droste, DeBettignies and McDermott. Nays:
0. Motion passes 4-0.
Comm ty Development Director Rogness stated that this item was discussed at the June 11,,n96,
Planning mmission meeting and was tabled at that time because insufficient informatio as
provided to s port the findings necessary to approve a Planned Unit Development. ogness
reviewed the re ' ed concept plan in which the major change was the incorporatio f a north -south
collector street thro the site. He stated that Staff finds this concept plan acc table subject to
further design issues to$e worked out in the Final Planned Unit Developme process. Mr. Rogness
concluded that the main iss at this time is whether the Planning Co sion is acceptable to the
small lot, open space and nary street design.
Chairman Droste continued this item
concluded.
Chairman Droste opened the public
application of Jerry Clark/Splash Er
Publication and Affidavit of Mailing
after the public heAgs, scheduled for 7:00 p.m., were
- Ci
Po hear publl testimony regarding the Site Plan Review
Yses. The recordin ecretary has placed the Affidavit of
Posting of Public Hearhqg Notice on file with the City.
Senior Planner Mack stated at the proposed site plan is consistent wi the previously approved
variances for building an riveway setbacks. Mr. Mack reviewed the site and site elevations
statingZI,architect
mmending approval subject to conditions. He mention that the applicant
and hisresent at the meeting.
David for the applicant, stated that the exterior of the addition would tch the
existint the proposed landscaping meets all requirements.
short discussion occurred regarding the landscaping along STH 3 and curb cuts on the site.