ADMINISTRATION - Jean M. Keely, City Engineer
Title
AMEND CONDITIONAL USE PERMIT ISSUED TO ALLINA HEALTH FOR A LAND RECLAMATION PERMIT TO DEPOSIT FILL AT THE SOUTHWEST QUADRANT OF LEXINGTON AVENUE AND 109TH AVENUE
Background
On November 21, 2013, City Council approved a Conditional Use Permit to Allina Health for a Land Reclamation Permit to deposit fill at the southwest quadrant of Lexington Avenue and 109th Avenue.
The original Conditional Use Permit request by Allina Health was to bring in approximately 350,000 cubic yards of fill to raise the level of the property to make it buildable. They had a source of material from the new Vikings stadium construction in downtown Minneapolis. The applicant proposed to create two stockpiles approximately 24 feet in height along with two berms along Lexington Avenue at a height of approximately 12 feet. The proposed hours of operation for the work were 7:00 PM to 7:00 AM. The truck route in Blaine was I35W to Lexington Avenue to 109th Avenue. Only granular material was allowed to be imported to the site. To date the site has received approximately 60,000 cubic yards of material that has been placed into the western fill area as depicted on the plan and constructed the berms from the initial stripping. The contractor understands that they will need to meet the MPCA erosion control requirements due to inactivity and will adhere to them as required by their SWPPP permit.
As of April 30, 2014 the original Conditional Use Permit expired and crews have moved off the site due to the fact that the contractor has run out of suitable fill material that may be exported for the improvement of the Blaine site. This was unforeseen based on all of the estimated quantity information at the start of the stadium project but the bottom line is the hole at the stadium site is mostly complete and no further buildable material remains. The contractor understands that they have made a commitment to improve the site and will continue to work on locating additional fill material for the benefit of the site improvements. They are confident that they can accomplish this but it will obviously take longer than originally planned. At this point the applicant is requesting an extension of the permit through the end of 2014 with the understanding that they will need to notify the City and County prior to commencing work on the site.
The contractor is trying to identify other potential export projects within the Blaine area that may have suitable material for this project. They hope to receive a small quantity of 50,000 cubic yards from the I35E MN Pass project and this will be confirmed after that project commences excavation in June. They will not open the East fill area until they have located enough fill to complete the west area. All activities will again be required to comply with the environmental and density/compaction testing plans put in place at inception of this project.
The applicant will need to obtain any required amendments to their permits from the Rice Creek Watershed District and the Anoka County Highway Department. The existing cash bond required as surety for stabilization of the project will need to remain in place.
Again no physical site development is proposed or would be permitted with this application, other than the preliminary grading that is described. Subsequent site development, extension of utilities, platting, and access improvements or other specific development approvals will require future review by the Planning Commission and City Council when those plans have been developed. Notice of this CUP application was sent to all adjacent property owners.
Recommendation
By motion, approve the Resolution.
Body
WHEREAS, on November 21, 2013, City Council approved Resolution No. 13-187, granting Allina Health a Conditional Use Permit for a land reclamation permit (Case File No. 13-0061); and
WHEREAS, Allina Health has applied for an extension to the completion date for the permit; and
WHEREAS, additional conditions are needed with the extension.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that the Conditional Use Permit for a Land Reclamation Permit is hereby amended based on the following conditions:
1. Grading plan must be approved by the City prior to start of construction. Plan to include details for controlling wind and water erosion. Only granular soils shall be imported, and no material shall leave the site.
2. The maximum elevation of fill material shall be 924.0. Side slopes must be no greater than 3 horizontal to 1 vertical.
3. No more than one (1) acre of area can be filled without being protected from erosion. Permanent restoration must be established within 14 days of fill placement in an area and shall include 4" topsoil, seed and mulch.
4. An updated Anoka County permit is required prior to any site work. The applicant is required to follow the conditions of this permit.
5. Grading activity requires a National Pollutant Discharge Elimination Permit (NPDES) from the Minnesota Pollution Control Agency. A prerequisite to the NPDES includes the preparation of a Storm Water Pollution Prevention Plan (SWPPP) for the site.
6. A Rice Creek Watershed District permit is required prior to any site work. The applicant is required to follow the conditions of this permit.
7. All site work must be completed by December 31, 2014.
8. Daily street sweeping shall be required with a vacuum type sweeper on all haul routes in Blaine and the site entrances. Additional sweepings shall be required as directed by the City Engineering Department.
9. Applicant shall continue to maintain a $60,000 cash escrow to ensure the successful completion of the work, site stabilization, and to cover City expenses related to inspection of the project. Remaining funds will be returned to the applicant after the project is complete.
PASSED by the City Council of the City of Blaine this 5th day of June, 2014.