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HomeMy WebLinkAbout6.m. Mineral Extraction Permit Renewal for Ames Construction / PED 04-87-MECITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meetinq Date February 15, 2005 AGENDA ITEM: Mineral Extraction Permit Renewal for Ames AGENDA SECTION: Construction /Ped 04 -87 -ME Consent PREPARED BY: Rick Pearson, City Planner AGENDA NO. ATTACHMENTS: Draft 2005 Conditions, Draft 01/25/05 PC a Minutes, Location map, Site Plan with APPROVED BY: topograph RECOMMENDED ACTION: Motion to approve the mineral extraction permit renewal for Ames Construction Otto Ped subject to the conditions of operation for 2005 ACTION: ISSUE Ames Construction has requested that the mineral extraction permit for the Otto Ped property located at 4992 145 Street East be renewed for the 2005 season Ames intends to introduce the Solberg Aggregate Co as a subcontractor that will operate in the pit area on a day -to -day basis PLANNING COMMISSION PUBLIC HEARING On January 25, 2005, the Planning Commission conducted a public hearing as required by ordinance No one other than the applicant and Loren Howard of Solberg Aggregate Company provided comments Mr Howard was present to respond to questions The Commissioners asked about the accountability of Solberg as a subcontracter, and the handling of the proposed on -site crushing and recycled bituminous operations Staff indicated that the City Attorney was comfortable with the draft conditions assigning overall responsibility to the applicant, Ames Construction Loren Howard of Solberg explained that the processing in the pit area would be very similar to their previous operation on the Flint Hills Resources site The height of the stockpiles was questioned Mr Howard indicated that the stockpile area would be screened from County Road 42 With no further questions, the Commissioners adopted the recommended motion BACKGROUND Applicant Property Owner(s) Pat Mason of Ames Construction Location 4992145 th Street East Area in Acres 80 Mining area Approximately 35 acres Comp Guide Plan Desig Mixed use Industrial Agriculture Current Zoning Agriculture Nature of request Annual renewal of the mineral extraction permit Material removed in 2004• 21,000 cubic yards Planning Commission Action. Recommendation of Approval (4 -0) SUMMARY The mineral extraction permit renewal concerns property owned by Otto Ped, who leases a portion of his property to Ames Construction, the operator Ames has responsibility for operating the mineral extraction process according to the standards of the City zoning ordinance and the specific conditions (attached) Activity in this particular pit has been very limited Ames Construction, Inc has maintained the permit primarily as a contingency for projects in the area, which has been minimal Ames proposes to allow the Solberg Aggregate Co to set up operations in the pit area Solberg Aggregate Co has finished their mining of their former site on Flint Hills Resources property The Ped property gives Solberg an opportunity to resume activity in the vicinity and accelerate the removal of material more in keeping with Mr Ped's expectations There are several items related to the renewal request that will be addressed as amendments to the permit 1 The Solberg Aggregates Company will assume the role of operator, performing the daily extraction, crushing and processing activities in the permit under the Ames application as a subcontractor Ames will remain responsible for compliance with the conditions of operation as well as provide the various securities 2 Onsite crushing and processing will occur in the 1 4 -acre location shown on the plan, containing stockpiles for screened sand, gravel and recycled material 3 Recycled bituminous will be hauled into the site for recycling purposes 4 Black dirt will be hauled in for restoration purposes The Black dirt will be stockpiled on the southern edge of the pit area as a berm until it is needed 5. A scale and office trailer would be located on the site as shown on the plans These items are not unusual expectations of mineral extraction permits City Attorney Charlie LeFevere has reviewed the operating conditions concerning the introduction of Solberg Aggregate as a subcontractor to Ames Construction Ames will hold overall responsibility for Solberg's activities in the pit Crushing is a common accessory use, and already occurs in the other aggregate mining areas It involves processing materials extracted from the site as well as recycling asphalt and concrete rubble brought to the various site MnDOT has created specifications for various pavement materials that require some percentage of recycled materials to encourage the process Importing of black dirt or peat reintroduces organic material to the site improving the soil structure for agriculture or turf establishment post mining Finally, a scale is the best way to document the extracted material leaving the site 2 The police have not identified concerns or complaints resulting from the Ped property within the last year CONCLUSION Staff is comfortable with the renewal of the mineral extraction permit for the Ped property Activity has been slow and the introduction of Solberg, acknowledgement of crushing and processing should increase the pace so that the property will more easily be developed in conformance with the Comprehensive Plan RECOMMENDATION Motion to recommend approval of the mineral extraction permit renewal for Ames Construction /Otto Ped subject to the conditions of operation for 2005 3 Mineral Extraction Permit 2005 Conditions for Mineral Extraction Permit Renewal AMES CONSTRUCTION, INC. A Ames Construction, Inc. (hereinafter the "Operator shall sign a written consent to these conditions binding Itself and its successors and assigns to the conditions of this permit Otto A Ped (hereinafter the "Owner shall sign a written acknowledgment and consent to these conditions and to issuance of this permit in the form set forth at the end of these conditions B This permit is granted for the area designated as Phase 1, on Exhibit A which is attached hereto as one of the exhibits dated December 14, 1989 and revised on March 11, 1999 and Nov 3, 2004. 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. A 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 Operator 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 Exhibit A, 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 shall enter and exit the mining area from County State Aid Highway 42 (CSAH 42) from the location shown on Exhibit A and the designated truck route to (and from) the site shall be CSAH 42, west to State Trunk Highway 52 (STH 52), north on STH 52 to the City boundary It shall be the Operator's responsibility to obtain easements 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 G A gate must be placed at the driveway entrance that shall be secured after hours. H. A plan for dust control shall be submitted to and subject to approval by the City The Operator shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets After the Operator has received 24 -hour verbal notice, the City may complete or contract to complete the clean -up at the Operator's expense 2005 Mimng Perrmt Ames Construction, Inc /Otto A Ped Page 1 of 5 L 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 Operator 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 K. 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 Operator L. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the operator prior to the issuance of the permit That the Operator shall reimburse the City for the cost of periodic inspections by the City Public Works Director or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. That the Operator agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. M 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 N The Operator shall deposit with the Planning Department a surety bond or cash escrow in the amount of Seven Thousand Five Hundred Dollars per acre ($7,5000 00 /acre) of active phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to assure compliance with these conditions by the Operator 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 Operator 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 Public Works Director or any other City officials (4) Conditioned that the Operator 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 Operator 2005 Mining Permit Ames Construction, Inc /Otto A Ped Page 2 of 5 (5) The surety bond or cash escrow shall remain in effect from February 15, 2005 until 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 O The Operator 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, 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 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 February 15, 2005 until July 31, 2006 P. Processing and crushing of materials are permitted on the site in accordance with the Operations and Dust Control Plan received by the City on December 28, 2004 No additional processing or production of materials may occur on the site and construction of any pondmg areas or wash plants shall require additional City Council approval and notification of adjacent property owners, except as approved by the Dakota County Environmental Health Department as incidental to a sand and gravel mining operation Any such activities will be enclosed with cyclone fencing, or as approved by City staff, and the fencing shall be properly maintained Q The Operator and the Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit The Operator and the 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 R. The Operator 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 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 T The Operator 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 U The Operator 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 2005 Mtmng Pe=t Ames Construction, Inc /Otto A Ped Page 3 of 5 V 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) W The Operator must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. X 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 Otto A Ped, a Minnesota resident and owner of the property for which this permit is issued, hereby consents and agrees to the issuance of a mineral extraction permit for said property and to the imposition of the foregoing conditions Owner further agrees and consents to entry onto said property by the City, its officers, agents, contractors and employees and by the sirety of the bond issued in accordance with paragraph N, its officers, agents, contractors and employees to take any action deemed necessary by the City to enforce and assure compliance with the conditions of this permit and law Owner further agrees that he will not bring any claims or legal actions against the City, its officers, agents, contractors or employees for damages arising out of issuance of this permit or administration or enforcement by the City of the conditions of this permit or of law The foregoing agreements of Owner shall run with the land of said property and shall bind the Owner, his heirs, successors and assigns. Otto A Ped That Shawn Dahl, Director of Real Estate Development for Ames Construction, Inc 2500 West County Road 42, Burnsville, MN 55337, the operator, hereby consents and agrees to the foregoing conditions of said mining permit Ames Construction, Inc Shawn Dahl Its Director of Real Estate Development 2005 Mimng Permit Ames Constructnoq Inc /Otto A Ped Page 4 of 5 STATE OF MINNESOTA )SS COUNTY OF The foregoing instrument was acknowledged before me this day of 2005 by Otto A Ped, Minnesota resident and property owner Notary Public STATE OF MINNESOTA COUNTY OF SS The foregoing instrument was acknowledged before me this day of 2005 by Shawn Dahl, Director of Real Estate Development for Ames Construction, Inc 2500 West County Road 42, Burnsville, MN 55337, the operator. Notary Public 2005 Mtmng Per mt Ames Construction, Inc /Otto A Ped Page 5 of 5 Excerpt from the Regular Planning Commission Meeting of January 25, 2005 Public Hearing: 5D. Ames Construction (Otto Ped) Mineral Extraction Permit Renewal. City Planner Pearson reviewed the Staff Report Ames Construction has requested that the mineral extraction permit for the Otto Ped property located at 4992 145 Street East be renewed for the 2005 season Ames intends to introduce the Solberg Aggregate Co as a subcontractor that will operate in the pit area on a day- to -da) basis Chairperson Messner asked the Commissioners for any questions for Mr. Pearson. Commissioner Powell questioned since the permit is to Ames Construction and that the subcontractor is Solberg if for some reason that changes Aould the permit still be valid Mr Pearson stated the permit would still be valid Chairperson Messner questioned the on -site crushing operation and recycled bituminous operation and how they are handled Mr Pearson stated that the specs do expect some recycled material that is brought into the site and crushed as needed Loren Howard of Solberg Aggregate Company stated there would be some concrete rubble crushed along with the recycled bituminous Mr. Howard stated the operation will be similar to what they do on the Flint Hills Resources property Project Engineer Aderhold stated the process is similar to when the crushing of the concrete was done at the Brockway Glass site Commissioner Zurn asked if there is a size limit for the stock piles Mr. Pearson stated there is no height restriction but there is a slope standard. Mr Howard stated the stock piles would be screened out Chairperson Messner opened the Public Hearing. MOTION by Messner to close the Public Hearing Second by Zurn Ayes: Zuni, Messner, Humphrey, and Powell Nayes None Motion earned Chairperson Messner asked for any follow -up questions or discussion Commissioner Powell clarified that material can be brought on site, crushed, stock piled and brought off the site all under the Mineral Extraction Permit and that would be consistent with the permit conditions even though it does not technically involve the material coming from the ground Mr Pearson stated it is an accessor) use in the Zoning Ordinance under Section 4 MOTION by Zurn to recommend that the City Council approve the mineral extraction permit renewal for Ames Construction Otto Ped subject to the conditions of operation for 2005 Second by Humphrey Ayes Zurn, Messner, Humphrey and Powell Nayes None Motion approved Mr. Pearson indicated this item will be on the February 15, 2005 City Council Agenda EXTi2p.CT 101 r1/ �lNG r Y �v�voea. tom'!' 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GRADING PLAN 6vnac 1�1 1k I ,u _L n s aci'3 a z igv Y N 0 6 1 n b S M b Im I Co I O O v O G c ,.I 1 /r� %i Illl l l li 1, ,6 1 11� /��j��� ��i� II I jl j�Lllll iii L 'Ill (I ii -1 ti �Ij 1 Ii ii "t 1 1 1 I \III l ri I Ilr 1 11 I h i fl ti ail 1 1 11 /j,� y ii d!l1 111 I f J l ll i� I g p 11 t !i 1; k t �►f C �Lo ti 2 0 o O �c 1 }ji�tr F If }I} s, fit ll• l►• C �Lo ti 2 0 o O �c 1 }ji�tr F If }I} s, SITE MAP PROPERTY ID NUMBER 34 -02900 011 -50 FEE OWNER OTTO A PED 4932145TH ST E ROSEMOUNT MN 55088 -2442 PROPERTY ADDRESS 4992 145TH ST E ROSEMOUNT MN 55068 PAYABLE 2004 TAXES NET TAX SPECIAL ASSESSMENTS 000 TOTAL TAX SA- Val PAYABLE 201 TOTE Dimensons rounded to nearest foot cpyngh12005 Dakota County 2004 ESTIMATED MARKET VALUES (PAYABLE 2005) LAND AV= LOT SIZE BUILOING 3"m TOTAL 01MM 3518039 TOTAL SO FT 80 76 TOTAL ACRES SCHOOL DISTRICT 196 69,WS ROAD R=$0 FT LOCATION NE114 SW' /4 SECTION 2911548 PAYABLE 2005 HOMESTEAD STATUS FULL HOMESTEAD WATERSHED DISTRICT VERMILLION RIVER LAST OUALIFIED SALE his drawing is neitrar a legally recarded road nor a survey and is not intended ,c be used as one his drawing is a ozir tiol cf records informshpr and data located in various city county and ate offices and Other sources affecimg Ire area show ends o Ee used for reference purposes 9y Dakota Dour" m not,c porsotb to any iraccuranes ne e+n contained If d+screpaages are and p ease contact Dakoa County Sarvey and Lard'nforr -i Department 2004 BUILDING INFORMATION (PAYA13LE2005) TYPE SFAM RES YEAR BUILT 1974 ARCH /STYLE TWO STORY FOUNDATION SO FT 1436 FINISHED SO FT 2218 BEDROOMS 4 BATHS 25 FRAME WOOD GARAGE SO FT 524 OTHER GARAGE MISC BLDG MISC BLDG PLAT NAME SECTION 29 TWN 115 RANGE 18 TAX DESCRIPTION E 75 ACRES OF SW 114 W 87 5 nCRES OF SE 114 EX PT LYINS E OF -INC BEG 165 21 FT E OF NW CDR SE1 /4 THENCE SW LY TO PT OF S LINE 57 31 FT E OF SW CDR BE 114 SUBJ TO HWY ESMNT OVER N 50 FT 29 1 18 ap Date January 13 2005 Farmers Updated 1162005 Aenal Piotography 1990 I T ?d lC y D §ear w U_ i U Jrq w mE \j\ 3 3 g I y 7 r q m e T ::a, ,»a a7, R A,mG w §<J a PLAN A N f 7m 2 dJ I I I i P RQFEFTY James m Rt me }/ƒ i I I I i P RQFEFTY James m Rt me