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
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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
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