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HomeMy WebLinkAbout4.a. Approval of the September 25, 2012, Regular Meeting Minutes PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, September 25, 2012. Chairperson Powell called the meeting to order at 6:30p.m.with Commissioners Husain,Miller,DiNella, Demuth and Weber present. Also in attendance were Senior Planner Zweber,Planner Lindahl, and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the September 11, 2012, Regular Meeting Minutes b. Approval of the September 11, 2012,Work Session Meeting Minutes MOTION by DiNella to approve the Consent Agenda. Second by Weber. Ayes: 6 Nays: 0. Motion approved. Public Hearing: 5.a. Request by KJ Walk Inc.for a Nine (9) Lot Preliminary Plat; a Two(2) Lot Final Plat; Planned Unit Development Master Development Plan with Rezoning to C-4 PUD Zoning West of Business Parkway and C-3PUD Zoning East of Business Parkway; and a Conditional Use Permit(CUP)for a SuperAmerica Gas Station (12-20-PP, 12-21-PUD, 12-22-FP, and 12-29-CUP). Senior Planner Zweber reviewed the staff report and stated that staff recommends approval of the Preliminary Plat with the five conditions. This recommendation would allow the City Council to approve the Preliminary Plat in October and,weather permitting, the developer to install the public 149th Street and the private drive before asphalt plants stop production. Mr. Zweber further stated that staff recommends that the Final Plat,PUD with Rezoning, and CUP Public Hearing be continued to October 23 for additional revisions. This continuance will also allow staff to post notice for the public hearing on October 23. The public hearing was opened at 6:43pm. The applicant,Warren Israelson, of KJ Walk, Inc.,presented the Commission with a revised site plan for the gas station showing they added width for the landscape buffer, combined the two lots, and fixed the exit onto 149th Street. He stated they are contemplating having two final plats since SA is in a more urgent status than the hotel. He requested the Commission approve the SA site plan with the preliminary plat to expedite the installation of the infrastructure. Commissioner Miller asked about the need for another gas station when there is a closed station on Highway 3 and another in operation on Highway 3 just on the other side of the railroad tracks. Mr. Israelson stated he was not privy to internal discussions of SA but he does know the location is important. He stated SA initially proposed four rows of pumps and after they completed further analysis, they increased it to five rows of pumps. He further stated it will be a corporate operated SA station. PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 2 Commissioner Husain asked about the landscaping between the site and the residential area and also asked how the applicant was going to mitigate the potential health hazards from gas fumes. Mr. Israelson replied that the landscape buffer will be a 3 foot berm, 20 feet long with spruce trees spaced 15 feet apart which will provide nice screening. Mr. Israelson did not have any information with respect to the potential health hazard from the gas fumes. Commissioner DiNella asked staff if all of the items were submitted on one application or separate applications. Mr. Zweber stated that all five applications are filed separately and can be split so that the timing of events may be different. Chairperson Powell asked Mr. Zweber if this is the first time staff has seen the new site plans and asked for staff to comment on the closed gas station on Highway 3. Mr. Zweber stated that the City has had discussions with a potential buyer about reopening the gas station. Two problems for the site were lack of convenient store space and lack of spaces for cars. Mr. Zweber stated the traffic count between Highway 3 and County Road 42 is very different and that the City has received comments that the busier gas stations on the Highway 3 and County Road 42 are too busy at times and that causes traffic concerns. Mr. Zweber stated he spoke with the applicant by telephone earlier in the day but that he had not seen the new plans. Melissa Kenninger, 2734 148th Street, thanked Mr. Zweber for his time in meeting with her individually on this matter. She requested there be a condition as to the height and type of spruce trees planted on the berm. She asked how the lighting will be shielded from the resident backyards. Ms. Kenninger then requested more information on the traffic design and expressed her concern with traffic using their street for a short cut to Biscayne. Chairperson Powell asked staff to provide background on the blocking of the roadway and what past discussions there were about a cul-de-sac. In addressing Ms. Kenninger's concerns,Mr. Zweber stated that City Code requires that pine trees are a minimum of 6 feet of height, but he expects 8 feet of screening at the SA site with the 6 foot tall trees being planted 2 feet up the side of the berm. With respect to lighting,Mr. Zweber stated that the building itself would provide a lot of the screening and explained what types of lights will be used and their strength. Mr. Zweber stated the lighting should be turned off after operating hours. With respect to the traffic pattern, Mr. Zweber stated the purpose for the new 149th Street going east to Biscayne is to alleviate the increase of traffic going north on Business Parkway. He gave a brief background of past discussions in averting the public from the residential area and stated the City could do traffic counts on the road in that area to get a better understanding of the impact. Chairperson Powell asked Mr. Zweber if staff had concerns with the new plans. Mr. Zweber stated the new drawings seem to address the concerns stated in the staff report. He stated that if the Commission is comfortable with the changes made, they could recommend approval to the City Council and any required corrections could be submitted in time for that meeting. Commissioner Miller asked what other businesses could be developed in a C3 zoning designation and asked for a clarification of the traffic access onto County Road 42. Mr. Zweber stated the main difference between C3 and C4 is C3 is for regional commercial. He explained on the site plan the access and direction of traffic and stated that it is planned to be 3/4 access with a signal light at Biscayne only. Chairperson Powell asked if SA was aware of the plan for the intersection to only be a 3/4 access and Mr. Zweber responded that they are. PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 3 Chairperson Powell asked which Commissioners are prepared to vote on the SA site plan. Commissioners DiNella and Demuth each said they could vote on the site plan. Commissioner Miller said he would not be in favor of the rezoning given the increase in traffic. Chairperson Powell stated he was hesitant to take action considering staff has not had a chance to review the new plans. There were no further public comments. MOTION by Powell to continue the current public hearing to the October 23, 2012, Planning Commission meeting for the Rosewood Commercial Final Plat, the Planned Unit Development Master Development Plan with Rezoning, and the SuperAmerica Conditional Use Permit. Second by Miller. Ayes: 6. Nays: None. Motion approved. MOTION by DiNella to table the Rosewood Commercial Preliminary Plat until the October 23,2012 Planning Commission meeting. Second by Miller. Ayes: 6. Nays: None. Motion approved. 5.b. Request by Dakota Aggregates for a Large Scale Mineral Extraction Permit, Annual Operating Permit for Dry!Wet Mining Sub-Phase 1A; and an Interim Use Permit for Aggregate Processing (12-17-ME, 12-18-ME, 12-19-IUP). Senior Planner Zweber reviewed the staff report and explained the recommended motions for the Planning Commission. Mr. Zweber further stated the Commission should continue the public hearing from the August 28th meeting and take any additional public comments. Commissioner DiNella asked for clarification of Condition#3 under the large scale mineral permit about the weight of loaded trucks and asked how that is monitored. Mr. Zweber stated that Dakota Aggregates needs to load the trucks in accordance with the current weight restrictions which is currently 9 tons for County Roads 42 and 46. Mr. Zweber stated they are weighed on a scale at the processing plant. Commissioner Miller asked staff whether or not 24/7 hour operation is reasonable and how the city would monitor the noise levels. Mr. Zweber stated that staff would like to be able to evaluate the noise from the public and residential areas surrounding the property comparing when all equipment is in operation and when only some are in operation. Mr. Zweber stated that the applicant has pointed out that this area is a considerable distance from the nearest residential neighborhood and their request for longer hours is restricted to the blue area on the map. Chairperson Powell clarified what the applicant requested compared to what staff's recommendation for mining is 7:00am— 7:00pm, Monday through Saturday with the ability to operate on five Sundays a year with the permission of the Community Development Director, and 24/7 for only loading and hauling. Commissioner DiNella stressed his concern with the truck traffic saying the pollution and noise from the trucks cannot be mitigated and will only increase with 24/7 operation. Mr. Zweber stated those are problems that currently exist of County Road 46 with the current mines in Apple Valley, Lakeville, and Empire Township. Commissioner Demuth asked staff is allowing a 24/7 operation would put additional inspection burden on the staff. Mr. Zweber stated that staff will inspect the Dakota Aggregates'mining PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 4 operation as they do the other mines operating in Rosemount with inspections twice a year on the site itself to evaluate reclamation progress, seed and erosion status, training logs, and reviewing tests that are provided throughout the year. He stated further that staff will respond to any complaints received over the year. Commissioner Demuth asked who would respond if there was a contamination spill such as a truck crashing along County Road 46. Mr. Zweber responded that if the spill is within the public right of way, the first responses agencies would the City's fire and police departments. Commissioner Demuth asked if a condition could be added under the large scale mineral extraction permit to allow the city the ability to extract soil sample and conduct soil boring or water sampling tests independently. Commissioner Miller asked with respect to the reference to clean fill in the zoning ordinance and with the addition of Condition #32 regarding the quality assurance plan,whether or not the City would have the ability to request split sampling of any of the tests conducted and have access to the site to conduct that sampling. Mr. Zweber stated that testing of clean fill for both contaminants and compaction are to meet PCA and County standards. He stated the City would have to hire a consulting firm that is qualified to do the independent testing. With respect to having access to the site, Mr. Zweber stated if the City has a belief there is an issue with a test sample, the City would probably have access to the site to do additional testing through the nuisance ordinance. But if the sample is within the accepted parameters,Mr. Zweber stated the staff would have to consult the City's attorney to see if access could be allowed. Chairperson Powell asked if it should be added as a condition to allow the City access to the site if there are questions regarding the quality of the fill. Commission Miller stated that this type of issue could possibly be mitigated through the quality assurance plan. Commissioner Demuth requested an additional condition be added that the City be notified in advance of any sampling of monitoring wells,in order to determine if the City wants to acquire a split sample. The public hearing was re-opened at 8:03pm. There were no public comments. MOTION by DiNella to close the public hearing. Second by Weber. Ayes: 6. Nays: None. Motion approved. Public hearing was closed at 8:03pm. Commissioner Demuth asked how the applicant will monitor the distance to the bedrock so they maintain a 15 foot separation. Mr. Zweber responded that GPS equipment will be used to determine the depth of their mine and then will compare with the bedrock survey within the Groundwater Monitoring Plan. Commissioner Demuth stated she felt there were not enough data points and wondered if there was more of a way to maintain the 15 foot buffer to the bedrock. Mr. Zweber responded that all of the consultants involved determined that there are enough data points and together with GPS equipment, that is the method used to determine depth. Chairperson Powell asked the applicant how they will verify their depth in relation to the 15 foot bedrock buffer. Shawn Dahl,Dakota Aggregates,replied that actual in-field determination of their depth location is done with the information from the borings and the contours on the map. PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 5 Commissioner Demuth asked the applicant to explain their process of testing the aggregate off-site to insure it is clean fill before hauling it back to Rosemount. Mr. Dahl explained that before they are awarded a job, the soils are tested on the site and again in increments after the job is awarded. In the event there are portions that are contaminated, Mr. Dahl stated the level of contamination determines where the soil is shipped to. Commissioner Demuth asked the applicant the status of a soil sample collected as part of the Phase II report that showed pesticide at 3.8 times the residential soil reference level. Jim Aiken with Barr Engineering responded that background testing was conducted to determine samplings for an agricultural area and the sample Commissioner Demuth mentioned did not contain an unusual amount of pesticide found in an agricultural area. It was not concentrated enough to represent release of the contaminant. Commissioner Demuth asked if the auxiliary use facility (AUF) area was included in the original EIS or if it was added at a later time. Mr.Aiken responded that the EIS boundaries actually changed to include the area for the AUF area. Commissioner Miller asked the applicant if they are familiar with the quality assurance project plan being added as a condition and whether or not Barr Engineering will be performing it. Mr.Aiken stated that Barr will be performing the quality assurance plan covering all methods and procedures in accordance with the process the PCA has and in accordance with the new condition which will be as an addendum to their existing plan. Commissioner Husain asked the applicant about the employment numbers during the first phase of mining. Mr. Dahl responded that if mining begins in the spring of 2013, they will have between 15- 25 employees, excluding drivers. He went on to say that all 5000 acres within UMore exist as research and development and currently are not taxable. At full operation of the mine, 250-300 acres will be taxable with an estimate of$150,000-$300,000 of additional aggregate tax incurred annually on shipments that leave the site. Commissioner Demuth asked the applicant who would respond to potential spill contamination since it does say anywhere within the ordinance or permit that Dakota Aggregates will contact the state duty officer. Mr. Aiken responded that it may not be specifically stated since it required by state law and will be automatically done. Commissioner Miller asked the applicant how they will find a balance between 24 hour operation and meeting nuisance concerns with noise and dust. Mr. Dahl responded that the size of the area they are allowed to operate at one time is only 80 acres so operations are limited in scope. He further stated that the mining would take place twice as far from surrounding residents than other mines in the area. He stated Dakota Aggregates is willing to work with the City to insure they are not obtrusive to residents. Commissioner Demuth asked what additional environmental investigations are planned for the EIS boundary area. Mr. Aiken responded that they will be further investigating the AUF area with respect to the sewage sludge spreading area,but there are no other areas of concerns at the time. He stated there are other sites identified that could have problems once they are excavated and will be addressed at that time. MOTION by Miller to recommend the City Council approve a Large Scale Mineral Extraction Permit to Dakota Aggregates LLC, subject to the following conditions: PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 6 1. The design of the monitoring wells shall be reviewed and approved by the City's consulting hydrogeologist before the monitoring wells can be installed. Dakota Aggregates will provide the boring log in the location of the monitoring well and proposed well construction including screening interval and sampling method to assist the review. The City may revise the proposed well construction based on field observation during the well boring. The City may require a nested monitoring well if an adequate screening interval and sampling method cannot be provided through a single well. The City may require changes to the monitoring well sampling if future City well pumping result in changes to the groundwater flow pattern. 2. Protection equipment that is installed on hauling trucks, such as covers for the truck beds, shall be used while traveling on public roads. Non-use will be considered a violation of the permit condition. 3. Trucks may not be loaded heavier that the public haul roads posted weight restrictions. 4. Mining in Dry Mining Phases 1 through 7 may not occur beyond 2027. Reclamation of Dry Mining Phases 1 through 7 must be completed by December 31, 2027. 5. An Interim Use Permit for the casting yard shall not be allowed beyond December 31, 2022. 6. Execution of a Public Improvement Agreement with Dakota Aggregates and the University of Minnesota that includes a 50% contribution to the stoplight installation at Biscayne Avenue and County Road 42 if Dakota Aggregates uses the Boulder Trail access; a 25% contribution to the stoplight installation at Biscayne Avenue and County Road 42 if Dakota Aggregates does not use the Boulder Trail access;and a 50% contribution to the improvement of Biscayne Avenue from Boulder Trail to County Road 46. 7. Revise Sheet 1.07 to display access N1 at the intersection of Biscayne Avenue and Boulder Trail. 8. A City grading permit is required prior to construction of the haul route from Northern Dry Mining to Akron Avenue. 9. Access permits are required for any access route connection to a public roadway from the jurisdictional agency in control of the public roadway. 10. Engineered designs for any reclamation steeper than a 3 to 1 slope must be submitted and approved by the City Engineer before the reclamation can occur. 11. Berming and landscaping will be required on the east boundary of Dry Mining Sub-Phases 10B, 11A, and 11B;and required on the north boundary of Dry Mining Sub-Phase 11B. 12. The End Use Grading Plans for Dry Mining Sub-Phases 5B and 6B shall be submitted and approved before the Annual Operating Permit would be issued for those sub-phases. 13. No Annual Operating Permit for Dry Phases 8, 9, 10 and 11 shall be issued until an End Use Grading Plan for Dry Mining Phases 8, 9, 10 and 11 is reviewed and approved by the City Council. 14. A gate and thirty (30) feet of fencing on each side of the gate shall be installed at the entrance of each access route. The gate shall be closed and locked when the mining or ancillary uses are not in operation. A knox box or similar devise shall be installed to provide emergency personal access to the key for the lock. 15. Provide an End Use Grading Plan for the Ancillary Use Facility (AUF) area. 16. The path of any road licensed vehicles using the concrete processing, asphalt processing, and vehicle maintenance facility shall be paved with curbing per the City Code. 17. Conformance with the City Engineer's Memorandum dated September 20,2012. 18. The Environmental Contingency Plan must receive Minnesota Pollution Control Agency approval before any grading or mining can occur. 19. Within the Environmental Contingency Plan, add Dakota County Environmental Management to the immediate contact list if containments or hazardous materials are PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 7 discovered. 20. A wetland conservation act permit and wetland mitigation plan must be approved before an annual operating permit can be issued for any phase with a wetland. 21. The applicant is responsible for any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of Dakota Aggregates. 22. Dakota Aggregates shall abandon and remove the obsolete Metropolitan County sanitary sewer line before an Annual Operating Permit can be issued within any mining phase containing that old sewer line. 23. All costs of processing the permit,including but not limited to planning fees, engineering fees and legal fees, shall be paid by Dakota Aggregates prior to the issuance of the permit. Dakota Aggregates shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. Dakota Aggregates agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. 24. Dakota Aggregates shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. Dakota Aggregates shall indemnify the City for all costs, damages or expenses,including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. 25. Complete mining and interim reclamation per each designated sub-phase is required before any additional mining beyond the initial 80 acres in any one area is authorized. Additional mining Sub-Phases will be allowed equal to the Sub-Phase reclaimed. Modifications or expansion of the mining areas must be approved in writing to the City. 26. No mining activity will occur within fifteen (15) vertical feet of bedrock. 27. Dakota Aggregates shall incorporate best management practices for controlling dust, erosion, noise and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. 28. Compliance with Dakota County Ordinances No. 110 and 111, as well as all other applicable Federal, Minnesota, Dakota County, and Rosemount regulations. 29. Dakota Aggregates may not assign this permit without written approval of the City. Dakota Aggregates will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless Dakota Aggregates gives sixty (60) days prior written notice to the City of termination and surrenders permit to the City. Dakota Aggregates shall identify all operators prior to their commencement of mineral extraction- related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. 30. Dakota Aggregates shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. 31. Dakota Aggregates shall comply with all the mitigative measures identified in the previously completed Mining EIS and the current mining application associated with issues such as noise, dust, traffic, screening,berming and landscaping except where the conditions of approval modify the proposed measures. Any action not expressly requested and permitted by this approval is not allowed by the applicant. Failure to comply with all application commitments is a violation of the permit and is subject to enforcement actions per the City Code. 32. Submit a Quality Assurance Project Plan that has been approved by the Minnesota Pollution Control Agency in accordance with ANSI/ASQC E4-1994. PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 8 33. The City of Rosemount shall have the ability to collect independent soil and water samples. 34. Dakota Aggregates shall provide the City of Rosemount notification of well sampling two weeks in advance of the testing. Second by Powell Ayes: DiNella, Powell,Weber, Husain,Millet. Nays: Demuth. Motion approved 5-1. MOTION by Husain to recommend the City Council approve an Annual Operating Permit to Dakota Aggregates LLC for Dry/Wet Mining Sub-Phase 1A, subject to the following conditions: 1. Dakota Aggregates LLC and the University of Minnesota signs a written consent to these conditions binding itself and its successors, heirs or assigns to the conditions of the Annual Operating Permit. 2. The term of the permit shall extend from November 6, 2012 until December 31, 2013 unless revoked prior to that for failure to comply with the permit requirements. 3. Mining in Wet/Dry Mining Phase 1A shall be limited to 7 a.m. to 7 p.m. Monday through Saturday. The Community Development Director may authorize Sunday operation from 8 a.m. to 5 p.m. on no more than five (5) Sundays in 2013 provided the operator notifies the Community Development Director no less than 72 hours before a Sunday operation. 4. The design of monitoring wells RMW-3 and RMW-4 shall be reviewed and approved by the City's hydrogeologist consultant before the monitoring wells can be installed. Dakota Aggregates will provide the boring log in the location of the monitoring well and proposed well construction including screening interval and sampling method to assist the review. The City may revise the proposed well construction based on field observation during the well boring. The City may require a nested monitoring well if an adequate screening interval and sampling method cannot be provided through a single well. 5. Protection equipment that is installed on hauling trucks, such as covers for the truck beds, shall be used while traveling on public roads. Non-use will be considered a violation of the permit condition. 6. Trucks may not be loaded heavier that the public haul roads posted weight restrictions. 7. Dakota Aggregates shall receive an access permit for County Road 46 from Dakota County. 8. Engineered designs for any reclamation steeper than a 3 to 1 slope must be submitted and approved by the City Engineer before the reclamation can occur. 9. A gate and thirty (30) feet of fencing on each side of the gate shall be installed at the Station Trail access. The gate shall be closed and locked when the mining or ancillary uses are not in operation. A knox box or similar devise shall be installed to provide emergency personal access to the key for the lock. 10. Conformance with the City Engineer's Memorandum dated September 20, 2012. 11. The Environmental Contingency Plan must receive Minnesota Pollution Control Agency approval before any grading or mining can occur. 12. Dakota Aggregates shall clean dirt and debris from streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After Dakota Aggregates has received 24-hour verbal notice, the City will complete or contract to complete the clean- up at Dakota Aggregates' expense. In the event of a traffic hazard as determined by the City Administrator (or the Administrator's designee) or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Dakota Aggregates' expense without prior notification. PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 9 13. No topsoil shall be removed from the site unless Dakota Aggregates can demonstrate that there is topsoil in excess of the amount needed to reclaim the End Use Grading Plan with at least six (6) inches of topsoil. Dakota Aggregates shall take necessary measures to prevent erosion of the stockpiled topsoil. 14. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of Dakota Aggregates. 15. All costs of processing the permit,including but not limited to planning fees, engineering fees and legal fees, shall be paid by Dakota Aggregates prior to the issuance of the permit. Dakota Aggregates shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. Dakota Aggregates agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. 16. Dakota Aggregates shall deposit with the Planning Department a surety bond or cash deposit in the amount of One Hundred Eighty Nine Thousand Nine Hundred Dollars ($189,900) in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to ensure performance of all requirements of this agreement and City ordinances by Dakota Aggregates. The required surety bonds must be: a. With good and sufficient surety by a surety company authorized to do business in the State of Minnesota. b. Satisfactory to the City Attorney in form and substance. c. Conditioned that Dakota Aggregates will faithfully comply with all the terms, conditions and requirements of the permit;all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City Administrator (or the Administrator's designee) or any other City officials. d. Conditioned that Dakota Aggregates will secure the City and its officers harmless against any and all claims, for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of Dakota Aggregates. e. The surety bond or cash escrow shall remain in effect from November 6, 2012 until July 31, 2014. Once the interim reclamation grades and the vegetation have been established and approved by the City, the bond may be reduced by One Hundred Twenty Six Thousand Six Hundred Dollars ($126,600 = 25.32 acres times $5,000 per acre). Once the end use grading grades and the vegetation have been established and approved by the City, the bond may be reduced by Sixth Three Thousand Three Hundred Dollars ($63,300 = 25.32 acres times $2,500 per acre). Upon thirty (30) days notice to the permit holder and surety company, the City may reduce or increase the amount of the bond or cash deposit during the term of this permit in order to insure that the City is adequately protected. 17. A landscape security of$25,575 (93 trees times $250 per tree times 110%) shall be provided. After the trees have been established, $23,020 (90%) of the landscaping security can be released. The final$2,555 (10%) shall be maintained through the existence of the berm for Sub-Phase 1A to ensure that as trees die, that those trees are replaced. The landscaping security shall be in the form of a letter of credit in favor of the City or cash escrow. 18. Dakota Aggregates shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence,and at least One Million and no/100 ($1,000,000.00) Dollars for PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 10 injury or death of more than one person arising out of any one occurrence and damage liability in an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from November 6, 2012 until July 31,2014. 19. Dakota Aggregates shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. Dakota Aggregates shall indemnify the City for all costs, damages or expenses,including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. 20. Dakota Aggregates shall submit to the City semi-annually a written report indicating the amount of material extracted from the site for the prior six-month period. After said written report is submitted,the City shall perform an inspection of the site to confirm compliance with the conditions within the Annual Operating Permit. 21. Reclamation requires the replacement of the stockpile of topsoil to the mined area, reseeding and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion control,provided also that the minimum depth of topsoil shall not be less than six (6) inches after reclamation. No restored slopes may exceed the gradients shown on Interim Reclamation Plan. 22. No mining activity will occur within fifteen (15) vertical feet of bedrock. 23. Dakota Aggregates shall compact the entire reclamation site to a minimum compaction of 95% of maximum dry density. 24. Fully reclaimed areas will be permanently seeded within 14 days of final completion. All disturbed non-operating areas shall be seeded at a minimum of once per year,prior to October 1 with Mn/DOT seed mix 130B. Operating areas including work faces, material stockpiles,haul roads, staging areas, and active reclamation areas are not required to be seeded. 25. Dakota Aggregates shall submit quarterly to the City documentation of the Barr Engineering, Inc. (or other City approved geotechnical testing firm) environmental and geotechnical testing with documentation verifying the source and quantity of the "haul- back" material. These reports shall be provided within fourteen (14) days after the end of the quarter. 26. Dakota Aggregates shall submit an incidence report to the City within three days of any testing that fails for contamination or hazardous materials, or will not produce a normal moisture-density relationship for compaction. 27. Truck operators within the pit area shall not engage in practices involving slamming tailgates,vibrating boxes,using of lake" or engine brakes (except in emergency situations) or other such activities that result in excessive noise. 28. Dakota Aggregates shall incorporate best management practices for controlling dust, erosion, noise and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency and proposed in the submitted LSME application to the City. 29. Compliance with Dakota County Ordinances No. 110 and 111, as well as all other applicable Federal,Minnesota, Dakota County,and Rosemount regulations. 30. Dakota Aggregates may not assign this permit without written approval of the City. Dakota Aggregates will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless Dakota Aggregates gives sixty (60) days prior written notice to the City of termination and surrenders permit to the City. Dakota Aggregates shall identify all Operators prior to their commencement of mineral extraction- related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 11 31. Dakota Aggregates shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. Second by DiNella Ayes: Powell,Weber, Husain, DiNella. Nays: Demuth, Miller. Motion approved 4-2. MOTION by Powell to recommend the City Council approve an Interim Use Permit to Dakota Aggregates LLC for to Operate an Aggregate Processing and Recycled Aggregate Products (RAP) Processing, subject to the following conditions: 1. Dakota Aggregates LLC and the University of Minnesota sign a written consent to these conditions binding itself and its successors, heirs or assigns to the conditions of the Interim Use Permit. 2. The term of the permit shall extend from November 6, 2012 until December 31, 2015 unless revoked prior to that for failure to comply with the permit requirements. 3. Crushing, screening,washing, and stockpiling at the aggregate processing facility shall be limited to 7 a.m. to 7 p.m. Monday through Saturday. The Community Development Director may authorize Sunday operation from 8 a.m. to 5 p.m. on no more than five (5) Sundays in 2013 provided the operator notifies the Community Development Director no less than 72 hours before a Sunday operation. Loading and hauling at the aggregate processing facility may occur 24 hours a day, 7 days a week provided the loading and hauling does not allow trucks to back up or unload and the hauling conducted is for a construction contract requiring construction outside the normal 7 a.m. to 7 p.m. operational hours. Trucks hauling outside of the 7 a.m. to 7 p.m. hours are restricted from using any locally designated road as part of their haul road. The applicant must submit a haul route plan which depicts the conditions above and evidence of the construction contract conditioning evening and morning hours for staff review and approval. 4. Recycling aggregate products (RAP) shall not exceed 30% of the total aggregate production. An annual report of the amount of mine aggregate processed and amount of RAP processed shall be submitted to the City by January 15th of the year following issuance of the permit. 5. Protection equipment that is installed on hauling trucks, such as covers for the truck beds, shall be used while traveling on public roads. Non-use will be considered a violation of the permit condition. 6. Trucks may not be loaded heavier that the public haul roads posted weight restrictions. 7. Dakota Aggregates shall receive an access permit for County Road 46 from Dakota County. 8. A gate and thirty (30) feet of fencing on each side of the gate shall be installed at the Station Trail access. The gate shall be closed and locked when the mining or ancillary uses are not in operation. A knox box or similar devise shall be installed to provide emergency personal access to the key for the lock. 9. An End Use Grading Plan for the Ancillary Use Facility (AUF) area must be submitted before Aggregate Processing shall operate. 10. Conformance with the City Engineer's Memorandum dated September 20, 2012. 11. The Environmental Contingency Plan must receive Minnesota Pollution Control Agency approval before any grading or mining can occur. 12. Dakota Aggregates shall clean dirt and debris from streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After Dakota Aggregates has PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 12 received 24-hour verbal notice, the City will complete or contract to complete the clean-up at Dakota Aggregates' ex ense. In the event of a traffic hazard as determined by the City p y eCry Administrator (or the Administrator's designee) or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Dakota Aggregates' expense without prior notification. 13. No topsoil shall be removed from the site and Dakota Aggregates shall take necessary measures to prevent erosion of the stockpiled topsoil. 14. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of Dakota Aggregates. 15. All costs of processing the permit,including but not limited to planning fees, engineering fees and legal fees, shall be paid by Dakota Aggregates prior to the issuance of the permit. Dakota Aggregates shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. Dakota Aggregates agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. 16. Dakota Aggregates shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, and at least One Million and no/100 ($1,000,000.00) Dollars for injury or death of more than one person arising out of any one occurrence and damage liability in an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from November 6, 2012 until July 31, 2014. 17. Dakota Aggregates shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. Dakota Aggregates shall indemnify the City for all costs, damages or expenses,including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. 18. Truck operators within the pit area shall not engage in practices involving slamming tailgates,vibrating boxes,using of"fake" or engine brakes (except in emergency situations) or other such activities that result in excessive noise. 19. Dakota Aggregates shall incorporate best management practices for controlling dust, erosion,noise and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency and proposed in the submitted LSME application to the City. 20. Compliance with Dakota County Ordinances No. 110 and 111, as well as all other applicable Federal,Minnesota, Dakota County, and Rosemount regulations. 21. Dakota Aggregates may not assign this permit without written approval of the City. Dakota Aggregates will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless Dakota Aggregates gives sixty (60) days prior written notice to the City of termination and surrenders permit to the City. Dakota Aggregates shall identify all Operators prior to their commencement of mineral extraction- ' related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. 22. Dakota Aggregates shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 25, 2012 PAGE 13 Second by Husain. Ayes: Powell,Weber, Husain, DiNella. Nays: Miller,Demuth. Motion approved 4-2. In light of the mixed vote,Mr. Zweber requested comments from the Commissioners with the minority votes to give the City Council more information on why they voted that way. Commissioner Miller stated that he voted no due to the lack of supporting evidence that 24 hour truck hauling is not any less noisy and that the 7-7 operation plan may not be consistent with the applicant's needs in terms of economics. Commissioner Demuth stated that she does not agree with mining below the water table and that some area in the country do not allow mining in the groundwater. She believes that,particularly with a possible water treatment plant in the future, the cost would exceed any revenue. If the mining were limited to above the water table, she stated she would have voted differently. Old Business: None New Business: None. Reports: Planner Lindahl told the Commission about the upcoming workshop on solar energy options for the public on Thursday, October 4,2012, 6:30p.m. at the Rosemount Community Center. Commissioner Husain gave an update on the Robert Street Corridor workshop he attended and Senior Planner Zweber added that he is a member of the technical advisory committee and the Mayor is on the steering committee. Mr. Zweber stated that they may come to Rosemount in 4-6 months to do a joint workshop with the Planning Commission and City Council. Adjournment: There being no further business to come before this Commission, the meeting was unanimously adjourned at 9:16p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary