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Request for Action <br /> <br /> <br /> <br /> <br /> <br />To Item Number <br />Mayor and City Council 9.1 <br />Agenda Section Meeting Date Prepared by <br />Work Session December 21, 2020 Zack Carlton, Planning Manager <br />Item Description Reviewed by <br />License Agreement: Proctor Road – Aggregate Justin Femrite, Public Works Director <br />Industries <br />Reviewed by <br />Cal Portner, City Administrator <br /> <br />Action Requested <br />Provide staff and the applicant with direction regarding the license agreement authorizing mineral extraction <br />beneath Proctor Road, north of County Road 33. <br /> <br />Background/Discussion <br />In September, the City Council discussed entering into a license <br />agreement with Aggregate Industries and Plaisted Companies to allow <br />extraction of the aggregate beneath the segment of Proctor Road that is <br />between the two applicants. Proctor Road in this area is higher than the <br />adjacent properties, which have been mined for their existing aggregate. <br /> <br />Allowing the mining beneath the city street will bring the future road <br />grade down to an elevation that is close to the adjacent parcels to better <br />serve future development in the area. City Council was comfortable <br />with the proposal and directed staff to work with the applicants on a <br />license agreement allowing the use. <br /> <br />Staff and the applicant have reviewed the draft agreement and there are <br />two questions to discuss with Council. First, the initial agreement was <br />for five years and allowed an extension if both parties agreed. The <br />applicant requested a ten-year initial agreement with an option for a <br />five-year extension, provided all parties agree. Staff is comfortable with <br />this change. <br /> <br />Second, the agreement, as drafted, requires replacement of the road at <br />the end of the license agreement. The applicant has requested that this <br />requirement be removed as they do not want to re-construct the road <br />at the end of the agreement. They note that their mining operations will bring the road grade down to the <br />elevation of the surrounding parcels at no cost to the city and that replacement of the road could make the whole <br />operation cost prohibitive. <br /> <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br /> <br />service, and community engagement that encourages and inspires prosperity. <br /> Updated: August 2020 <br />