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HomeMy WebLinkAbout6.o. Shafer Contracting Mineral Extraction Permit Renewal 05-55-CPAGENDA ITEM: Case 05 -54 -ME Shafer Contracting Mineral Extraction Permit Renewal AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner AGE!(IIk iE 0 6 ATTACHMENTS: Draft operating conditions for 2006, Draft 11/22/2005 PC Minutes, Location map, Phasing plan APPROVED BY: RECOMMENDED ACTION: Motion to approve the renewal of the mineral extraction permit for Shafer Contracting subject to the attached conditions for 2006 4 ROSEMOUNT City Council Meeting' December 20, 2005 ISSUE Scott Spisak of Shafer Contracting has apphed for the annual renewal of the mineral extraction permit for their property located one mile north of 135"' Street East and 1/4 mile west of Rich Valley Blvd (County Road 71) The public hearing notice also anticipated a request to modify the permit; however, the permit modification request was withdrawn. PLANNING COMMISSION PUBLIC HEARING On November 22, 2005, the Planning Commission conducted a pubhc hearing for the permit renewal. The neighboring property owner indicated no concerns about the permit renewal. The concern had to do with a separate apphcanon for modification of the permit conditions that had been withdrawn After receiving these comments, the Planning Commission adopted a motion recommending approval of the mineral extraction permit renewal. Subsequently, comments were received from the City Attorney recommending minor language changes to the 2006 conditions. Those changes are similar to those made for the Furlong and Total Construction permit approved on December 6, 2005. BACKGROUND Apphcant and property owner: Location. Area in acres: Comp Plan Zoning: Extraction progress: Planning Commission action: CITY COUNCIL EXECUTIVE SUMMARY Shafer Contracting, Co. Inc. 1 /4 mile west of Rich Valley Blvd 1 mile north of 135 Street East (County Road 38). 93 Site total area, 15 acres active in Phase 4 Agriculture Phase 4 out of 7 (approximately 50% complete) Recommendation of approval of the renewal (5 -0) Shafer Contracting has been the most active mining owner /operator in the City. As of the last quarter of this year, they extracted 172,444 cubic yards of mostly sand from the pit Shafer has been working on the site since 1998 and owned the property since 2000. This requested renewal of the mineral extraction permit Is similar to previous renewals with no change m the operating conditions. Originally, a request was made to allow haul -back of materials from MnDOT sites. That request has been withdrawn, although it may be made again m the future Shafer's primary customers are MnDOT and the Metropolitan Auports Commission. The police have indicated no complaints or concerns regarding the permit area or related truck traffic. Mineral Extraction Permit 2006 Conditions for Mineral Extraction Permit Renewal SHAFER CONTRACTING COMPANY, INCORPORATED A. Shafer Contracting Co., Inc (hereinafter "the Property Owner signs a written consent to these conditions binding itself and its successors, heirs or assigns to the conditions of said permit. B. This permit is granted for the area designated as the western half of Phase 3 (6.5 acres) and Phase 4 (13 acres), on Exhibit A (drawing 5 of 7 dated April 6, 1999), which is attached hereto as one of the exhibits. C. The term of the permit shall extend from December 20, 2005 until December 31, 2006 unless revoked prior to that for failure to comply with the permit requirements. A mining permit fee of $315.00 shall be paid to the City of Rosemount. D. All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit. E. The final grading for the permit area shall be completed in accordance with the grading plan labeled Exhibit B (drawing 7 of 7 dated April 6, 1999), which is attached hereto, or as approved by the City Engineer, and any other conditions as may be imposed by the City from time to time. F. All gravel trucks and other mining related traffic shall enter and exit the mining area from Rich Valley Boulevard It shall be the Property Owner's responsibility to obtain any access permits or easements necessary for ingress and egress. The location of the accesses and /or easements for ingress and egress shall be subject to approval by the City, as well as the County Highway Department or the Minnesota Department of Transportation if applicable or if any changes occur relative to the mining process The current location of the access driveway is indicated on the Phasing Plan, Exhibit A. A stop sign shall be installed at the driveway entrance to County Road 71, in accordance with standards on file with the City or County Highway Department. Warning signs including "Trucks Hauling" shall be installed at the Property Owner's expense as needed in accordance with Dakota County requirements. G. A plan for dust control shall be submitted to and subject to approval by the City. The Property Owner shall clean dirt and debris from streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After the 2005 Mining Permit Shafer Contracting 2 of 5 Property Owner has received 24 -hour verbal notice, the City will complete or contract to complete the clean -up at the Property Owner's 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 Property Owner's expense without prior notification. H. The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise affect the natural drainage of adjacent property. I. No topsoil shall be removed from the site and the Property Owner shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be indicated on Exhibit A, the Phasing Plan. J. 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 the Property Owner. K. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner 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. The Property Owner agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. L. The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m., subject, however, to being changed by the City Council. M. The Property Owner shall deposit with the Planning Department a surety bond or cash deposit in the amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00 /acre) for any active phase 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 Property Owner. The required surety bonds must be: (1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota. (2) Satisfactory to the City Attorney in form and substance. (3) Conditioned that the Property Owner 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 2005 Mining Permit Shafer Contracting 3 of 5 reasonable requirements of the City Administrator (or the Administrator's designee) or any other City officials. (4) Conditioned that the Property Owner 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 the Property Owner. The surety bond or cash escrow shall remain in effect from December 20, 2005 until July 31, 2007. 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. N. The Property Owner 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 December 20, 2005 until July 31, 2007 O. No processing or mixing of materials shall occur on the site, except as approved by the Dakota County Environmental Health Department as incidental to a sand and gravel mining operation at which time such activities will be enclosed with snow, or cyclone fencing or as approved by City staff. Construction of any ponding areas, wash plants or other processing or equipment brought to the site shall require additional City Council approval and notification of adjacent property owners. P. The Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Property Owner 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. The Property Owner 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. R. Complete mining and reclamation is required in all phases before any additional mining is authorized. Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner shall submit to the City semi- Q. (5) 2005 Mining Permit Shafer Contracting 4 of 5 annually a written report indicating the amount of material extracted from the site for the prior six -month period. S. The Property Owner shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. T. The Property Owner must have a copy of the Dakota County Soil and Water Conservation District mining application completed and on file with the City of Rosemount Planning Department prior to the approval of the Mineral Extraction Permit. U. Reclamation requires the replacement of the entire 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 two inches after reclamation. Topsoil for reclamation shall conform to specifications on file with the City. No restored slopes may exceed a gradient of 25% or four to 1 (4.1). V. The Property Owner must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. W. All recycling must be completed with the completion of the current phase. No recycling processes shall be allowed to continue into subsequent phases. X. The Property Owner may not assign this permit without written approval of the City. The Property Owner will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the pemrrit period unless the Property Owner gives sixty (60) days prior written notice to the City of termination and surrenders permit to the City. The Property Owner 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. Y. The Property Owner shall install and maintain a "stock" gate (or equivalent) at the entrance to the property where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not in use. Z. There shall be no "haul- back" of materials from any other property or job site that would be imported to the property for fill or other purposes other than incidental concrete recycling as referred to in paragraphs 0, V and W; and topsoil imported for the purpose of re- establishing turf as accepted by the City. AA. Truck operators within the pit area shall not engage in practices involving slamming tailgates, vibrating boxes, using of "jake" or engine brakes (except in emergency situations) or other such activities that result in excessive noise. 2005 Mining Permit Shafer Contracting 5 of 5 IN WITNESS WHEREOF, Shafer Contracting Company, Inc. the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit this day of 2005. Shafer Contracting Co., Inc. STATE OF MINNESOTA ss COUNTY OF DAKOTA Bv: Notary Public George Mattson, Its President The foregoing instrument was acknowledged before me this day of 2005, by George Mattson, President of Shafer Contracting Company, Inc., the Property Owner, on behalf of the Corporation. Draft Excerpt of Minutes from the Regular Planning Commission Meeting of November 22, 2005 Public Hearing: 6c. 05 -54 -ME Shafer Contracting Mineral Extraction Permit Renewal. Mr. Pearson reviewed the staff report. Scott Spisak of Shafer Contracting applied for the annual renewal of the mineral extraction permit for their property located one mile north of 135 Street East and 1 /4 mile west of Rich Valley Blvd. (County Road 71). Chairperson Messner asked the Commission if they had any questions for Mr. Pearson There were no questions for Mr. Pearson. Chairperson Messner invited the apphcant to come forward. The applicant, Scott Spisak, did not have any comments. Chairperson Messner opened the Pubhc Hearing. Charlie Koehnen, 12255 Rich Valley Blvd., Rosemount, stated that Shafer has been a good neighbor and operates its business at decent hours. Joan Schneider, 12255 Rich Valley Blvd Rosemount, stated she attended the public hearing because of the haul back provision but learned earlier m the evening the modification was removed. MOTION by Powell to close the Public Hearing. Second by Schwartz. Ayes: All. Naves None Motion approved. Chairperson Messner asked the Commission for any additional follow -up comments or questions. MOTION by Schwartz to recommend the City Council Second by Schultz. Ayes: All Nayes: None. Motion approved. Mr. Pearson stated this item will go before the City Council on December 20, 2005. PROPERTY ID NUMBER 3401400.010 -37 FEE OWNER COMMON NAME PAYABLE 2005 TAXES NET TAX SPECIAL ASSESSMENTS TOTAL TAX SA SHAFER CONTRACTING CO INC JOHNSON GRAVEL PIT PO BOX 128 SHAFER MN 55074 -0128 0 PAYABLE 2006 ASMNT USAGE RESIDENTIAL INDUSTRIAL-PREFERRED SITE MAP 200o ESTIMA'ED MARKET VALUES I PAYABLE 2006) LAND BUILDING TOTAL 3 490,188 30 FT SCHOOL DISTRICT 196 80 3 ACRES LOCATION SW114 NW1i4 SECTION 14- 115 -19 PAYABLE 2006 HOMESTEAD STATUS NON HOMESTEAD WATERSHED DISTRICT VERMILLION RIVER LAST QUALIFIED SALE GATE AMOUNT LOT S.ZE I EXCLUDES NO DATA AVAILABLE ROAD EASEMENTS) 2005 BUILDING INFORMATION (PAYABLE 2006) VOTE Dimensions rounded to nearest loot PLAT NAME SECTION 14 PM 115 RANGE 19 TAX DESCRIPTION 512 OF NW '/4 2cpynght 2005, Dakota County 080000 1411519 fhis drawing Is neither a legally recorded map nor a survey and Is not Intended 10 be used as one his drawing is a cavitation of records informabbn end data Iodated in venous city county, and Bate offices and other sources, affecting the area shown, and is to be used for refererce purposes Inly Dakota County Is not responsible for ary inaccuracies herein crntamed II d.screpancies are ound please contact Dakota County Survey and Land Infcrmallon Depanmenl Sac Date November 8 2005 Parcels Updated 10272005 Aerial P'otography 1990 125TR CT 11 I LI it h q Je 11 j Ei•�� 1 glis P y 1 iO 11 -is lay 11 11 1 11 1 4.1 gig ca Ic O g I 0 h 0r e 1