HomeMy WebLinkAbout6.k. Mineral Extraction Permit Renewal for Danner, Inc 04-85-MECITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date February 15, 2005
AGENDA ITEM:
Mineral Extraction Permit Renewal
AGENDA SECTION:
for Danner, Inc 04 -85 ME
Consent
PREPARED BY:
Rick Pearson, City Planner
AGENDA Nd 6
ATTACHMENTS:
Draft 2005 Conditions, Draft 01/25/05
APPROVED BY:
PC Minutes, Site Map, Phasing Ma
RECOMMENDED
ACTION:
Motion to approve the renewal of the Danner Mineral Extraction Permit for 2005, subject to
conditions
ACTION:
ISSUE
Marlon Danner is requesting renewal of the mineral extraction permit for his property on the
south side of County Road 42, 1 1/4 miles east of U S Hwy 52 This is a routine annual
permit renewal as required by ordinance
PLANNING COMMISSION PUBLIC HEARING
On January 25, 2005, the Planning Commission conducted a public hearing as required by
ordinance There were no questions or comments from the audience The Commissioners
then moved the recommended action
BACKGROUND
Applicant Property Owner(s)
Location
Area in Acres
Comp Guide Plan Design
Current Zoning
Material removed in 2004
Planning Commission Action
Marlon L Danner of Danner, Inc
4594 145 Street East 1 25 miles east of STH 52/56
and 1 /4 mile south of CSAH 42
75
IM Industrial /Mixed Use AG Agriculture
AG —Agriculture
721 tons
Recommendation of approval (4 -0)
SUMMARY
The applicant, Marlon Danner of Danner, Inc requests renewal of the mineral extraction
permit for the property located at 4594 145 Street East This request is based upon the
routine annual review and renewal of the current permit This pit is currently in the 2000
phase
In 2004, most of the activity reported in the pit was crushing and processing of materials
brought to the site and working off of existing stockpiles A very limited amount of
aggregate material was extracted, amounting to 721 tons
This request is subject to the conditions outlined in the attached permit In addition to the
specific conditions, all mineral extraction permits are subject to the general performance
standards outlined in Section 12 4 of the Zoning Ordinance Upon review of these standards,
police records, and the information submitted by the applicant, staff recommends approval of
the Danner Mineral Extraction Permit 2005
RECOMMENDATION
Motion to recommend renewal of the Danner Mineral Extraction Permit for 2005, subject to
the standards outlined in Section 12 4 of the Zoning Ordinance and the 2005 Conditions for
Mineral Extraction
2
Mineral Extraction Permit
2005 Conditions for Mineral Extraction Permit Renewal
DANNER, INC.
A Danner Inc hereinafter referred to as the "Property Owner shall sign a written consent to these
conditions biding itself and its successors or assigns to the conditions of said permit
B This permit is granted for the area designated on Exhibit A, which is attached
hereto as one of the exhibits
C The term of the permit shall extend from February 15, 2005 until December 31, 2005 unless revoked
prior to that for failure to comply with the permit requirements An Annual Mining Permit fee of
$370 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 attached grading plan
labeled Exhibit B, or as approved by the City Engineer, and any other conditions that 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 County
State Aid Highway 42 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 if any
changes occur relative to the mining process
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 extraction or hauling operations related to the Mineral Extraction
Permit from streets After the Property Owner has received 24 -hour verbal notice, the City may
complete or contract to complete the cleanup at the Property Owner's expense In the event of a
traffic hazard as determined by the Public Works Director 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
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 as indicated
on Exhibit A the Phasing Plan
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 Engineer 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 escrow in the
amount of Seven Thousand Five Hundred Dollars per acre ($7,500 00 /acre) of active phase in favor of
the City for the cost of restoration, regrading and/or revegetatmg land disturbed by mining activities
and to assure compliance with these conditions by the 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 with the right of the surety company to cancel the same only upon at least thirty (30)
days written notice to the permit holder and the City
(2) Satisfactory to the City Attorney in form and substance
(3) Conditioned that the Property Owner iv ill 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 Engineer, or any other City
officials
(4) Conditioned that the Property Owner will secure the City and its officers harmless against any
and all claims, or 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
(5) The surety bond or cash escrow shall remain in effect from Feb 15, 2005 to July 31, 2006
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 escrow 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 00 ($500,000 00) Dollars for injury or death of any one person in any one occurrence, bodily
injury liability in an amount of at least One Million and no /100 ($1,000,000 00) Dollars and property
damage liability in an amount of at least Ttio 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 Feb 15, 2005 to July 31, 2006
O The storage of equipment (unrelated to the sand and gravel mining and processing), manure,
construction debris, or hazardous materials of any kind shall not be permitted on site The placement
of construction debris, manure, asphalt in any form or hazardous materials within the pit as fill shall
be strictly prohibited
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
Q 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
2
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 semiannually 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 shall include the replacement of the entire stockpile of topsoil on the mined area,
reseeding and mulching necessary to re- establish vegetative cover for permanent slope stabilization
and erosion control The minimum depth of topsoil shall not be less than two inches after
reclamation 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 and materials removed from
the site 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 permit period unless the Property Owner gives sixty (60) days prior written notice to
the City of termination and surrenders the 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 in and at any
time the pit is not in use
That Danner, Inc, Property Owner, hereby consents and agrees to the foregoing conditions of said mmmg
permit
IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this day of
2005
DANNER, INC.
BY:
Its: Property Owner
STATE OF MINNESOTA
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of 2005, by
on behalf of Danner, Inc Property Owner
Notary Public
Excerpt from the Regular Planning Commission of January 25, 2005
Public Hearing:
5A. Case 04 -85 -ME Mineral Extraction Permit Renewal for Danner, Inc.
City Planner Pearson reviewed the Staff Report Marlon Danner requested renewal of the
mineral extraction permit for his property on the south side of County Road 42, 1 1/4 miles
east of U S Hwy 52 The application is a routine annual permit renewal as required by
ordinance
Acting Chairperson Zurn asked the Commission if they had any questions for Mr
Pearson
Acting Chairperson Zurn opened the Public Hearing.
MOTION by Humphrey to close the Public Hearing Second by Powell Ayes:
Zum, Humphrey and Powell Nayes None Motion carried
Acting Chairperson Zurn turned the meeting over to Chairperson Messner at 6 35 p in
Chairperson Messner asked for any follow -up discussion or questions
MOTION by Powell to recommend that the City Council renew the Danner
Mineral Extraction Permit for 2005, subject to the standards outlined in Section
12 4 of the Zoning Ordinance and the 2005 Conditions for Mineral Extraction
Second by Zuni Ayes Zurn, Messner, Humphrey and Powell Nayes None
Motion carried
Mr Pearson indicated the item will go before the City Council on February 15, 2005.
PROPERTY ID NUMBER 34 -02900 -010
CONTRACT PURCHASER
DANNER FAMILY LMTD PTNSHP
COMMON NAME DANNER GRAVEL PIT
843 HARDMAN AVE S
SOUTH ST PAUL MN 55075 -2460
PROPERTY ADDRESS 4554 145TH ST E
ROSEMOUNT MN 55068
PAYABLE 2004 TAXES
NET TAX
SPECAL ASSESSMENTS 000
TOTAL TAX SA
PAYABLE 201
ATE Dtmensons rcuntled to tlearesl tool
ryngh120C5 DakotaCountl-
SITE MAP
2004 ESTIMATED MARKET VALUES (PAYABLE 2005)
LAND 1 0111�
LOT SIZE
BUILDING vullm
TOTAL A�
3 266 993 TOTAL SO FT
'S OC TOTAL ACRES
SCHOOL DISTRICT
196 52475 ROAD RAW SO FT
LOCATION SW14 SW1l4 SECTION 2911518
PAYABLE 2005 HOMESTEAD STATUS NON HOMESTEAD
WATERSHED DISTRICT
VERMILLION RIVER
LAST QUALIFIED SA.E
OATS AMOUNT
drawing is nethera legally recorded map nor a survey and 1s not Intended to be used as one
drawing is a compilation of records, m'orrralwr and data located in Vanot.S City county and
e offices and other so.rrces affect, rg me area shown and is to be ised for re'arence purposes
Dakota County is no' respansble for any maccuaa¢s hen s, crnlamed If disaepenaes are
id, please contact Dakota County Survey and Land Inerra0on Department
Date January 1 3 2005 Parcels Updaled 1/0/2005 Aaaal PhatagraPM1y 1 990
2004 BUILDING INFORMATION (PAYABLE 2005)
TYPE S FAM.RES
YEAR BUILT 1880
ARCH/STYLE 1 -114 STRY
FOUNDATION SO FT 752
FINISHED SO FT B60
BEDROOMS 3
6"THS 1
FRAME WOOD
GARAGE SO FT 0
OTHERGARAGE
MISC BLDG MISC BLDG
PLAT NAME SECTION 25 PAN 115 RANGE 18
TAX DESCRIPTION W 85 A OF SW 114 EX W 21
1/3 R OF N 75 R EX PARCEL
15 IN CTY PoV/ MAP 21
29 115 18
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