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Home My WebLink About6.m. Danner Mineral Extraction Permit Renewal 06-01-ME4 ROSEMOUNT SUMMARY Applicant Property Owner(s): Location: Area in Acres: Comp Guide Plan Design: Current Zoning Material removed in 2005: Planning Commission Action CITY COUNCIL City Council Regular Meeting: April 4, 2006 EXECUTIVE SUMMARY Marlon L. Danner of Danner, Inc. 4594145 Street East -1.25 miles east of STH 52/56 and 1/4 mile south of CSAH 42 75 BP Business Park and UR Urban Residential AG Agriculture 60,000 Tons Recommended Approval 4 -0 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 ACTION The Planning Commission held a pubhc hearing to review this item on March 14, 2006. After hearing from staff, the commission opened the pubhc hearing. Mr. Frank Knoll of 4322 145 St. East stated two trucks in association with the Danner property use Jake Brakes that are noisy and a nuisance by his home. Mr. Knoll also added that he hears loud explosions and doesn't know if the noise is from the Danner pit or the refinery property Staff asked Mr Knoll to contact the police as the issues occur so City staff could address them as they take occur In addition, staff informed Mr. Knoll that his concerns would be brought to the City Council for their consideration. `BACKGROUND In 2005, approxunately 60,000 tons of aggregate material was extracted from the 2000 Phase of the site. The apphcant plans to extract roughly 100,000 cubic yards (or 140,000 tons) of material from the 1999 and 2000 Phases of the site during 2006. AGENDA ITEM: 06 -01 -ME Danner, inc. Mineral Extraction Permit Renewal AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, A.I C.P. Assistant City Planner AGEN ATTACHMENTS: Draft 2006 Conditions, 03/14/06 PC Minutes, Site Map, Phasing Map ti J APPROVED BY:/{ J RECOMMENDED ACTION: Motion to approve renewal of the Danner Mineral Extraction Permit for 2006. 4 ROSEMOUNT SUMMARY Applicant Property Owner(s): Location: Area in Acres: Comp Guide Plan Design: Current Zoning Material removed in 2005: Planning Commission Action CITY COUNCIL City Council Regular Meeting: April 4, 2006 EXECUTIVE SUMMARY Marlon L. Danner of Danner, Inc. 4594145 Street East -1.25 miles east of STH 52/56 and 1/4 mile south of CSAH 42 75 BP Business Park and UR Urban Residential AG Agriculture 60,000 Tons Recommended Approval 4 -0 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 ACTION The Planning Commission held a pubhc hearing to review this item on March 14, 2006. After hearing from staff, the commission opened the pubhc hearing. Mr. Frank Knoll of 4322 145 St. East stated two trucks in association with the Danner property use Jake Brakes that are noisy and a nuisance by his home. Mr. Knoll also added that he hears loud explosions and doesn't know if the noise is from the Danner pit or the refinery property Staff asked Mr Knoll to contact the police as the issues occur so City staff could address them as they take occur In addition, staff informed Mr. Knoll that his concerns would be brought to the City Council for their consideration. `BACKGROUND In 2005, approxunately 60,000 tons of aggregate material was extracted from the 2000 Phase of the site. The apphcant plans to extract roughly 100,000 cubic yards (or 140,000 tons) of material from the 1999 and 2000 Phases of the site during 2006. This request is subject to the conditions outlined in the attached permit. In addition to these 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 2006 RECOMMENDATION Motion to recommend renewal of the Danner Mineral Extraction Permit for 2006, subject to the standards outlined in Section 12.4 of the Zonng Ordinance and the 2006 Conditions for Mineral Extraction 2 A. Danner Inc., hereinafter referred to as the "Property Owner shall sign a written consent to these conditions binding 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 April 19, 2006 until December 31, 2006 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 pnor 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 miring 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 obtam 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 clean up 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 pnor 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 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, transimsston 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 Qty 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. J. Mineral Extraction Permit 2006 Conditions for Mineral Extraction Permit Renewal DANNER, INC. 1 L. The daily hours of operauon 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 revegetaung 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 nght of the surety company to cancel the same only upon at least thirty (30) days wntten notice to the permit holder and the City (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 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 Apnl 19, 2006 to July 31, 2007. Q. 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 tenn of this permit m 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, bodily mlury 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 April 19, 2006 to July 31, 2007. O. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any land 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 dawns 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 senuannually a written report indicating the amount of matenal extracted from the site for the prior six -month penod. 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. 2 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 matenals 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 permmt to the City. The Property Owner shall identify all Operators prior to then 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 tune 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 That Danner, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit. IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this day of 2006. DANNER, INC. STATE OF MINNESOTA COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2006, by on behalf of Danner, Inc Property Owner. 3 BY: Its: Property Owner Notary Public Excerpt of Minutes from the Regular Planning Commission Meeting of Match 14, 2006 5.f. 06 -01 -ME Danner Mineral Extraction Permit Renewal. Planner Lndahl reviewed the staff report. Marlon Danner is requesting renewal of the mineral extractuon permit for his property on the south side of Counnv Road 42, 1 1/4 miles east of U.S. Hwy. 52. This is a rounne annual permit renewal as requited by ordinance. Chairperson Messner opened the Pubhc Heating. Frank Knoll, 4322 145`" St. E., Rosemount, stated two trucks in association with the Danner property use lake brakes that are noisy and a ntusante by his home. Mr, Knoll also added that he hears loud explosions and doesn't know if the noise is from the Danner pit or the refinery property. MOTION by Messner to close the Public Hearing. Second by Zurn. Ayes. All. Nays: None. Motion approved. Mr. Lindahl stated the public comment will be forwarded to City Council. He directed Mr. Knoll to contact City staff when the noise problems are occurring for documentation and enforcement of the City Code. Motion by Messner to reconunend that the City Council renew the Danner Mineral Extraction Permit for 2006, subject to the standards outlined in Section 12.4 of the Zoning Ordinance and the 2006 Conditions for Mineral Extraction. Second by Schwartz. Ayes: All. Nays: None. Motion approved. Mr. Lindahl indicated the item would go to City Council on April 4, 2006 ERTY ID NUMBER OWNER 9MMON NAME PROPERTY ADDRESS PAYABLE 2005 TAXES NET TAX SPECIAL ASSESSMENTS TOTAL TAX S SA 34.02900-010-60 2005 ESTIMATED MARKET VALUES (PAYABLE 2006) DANNER FAMILY LMTO PTNSHP DANNER GRAVEL PIT 8314 DELANEY CIR INVER GROVE HIS MN 55076 4594 145TH ST E ROSEMOUNT MN 55068 PAYABLE 2005 ASMNT USAGE AG COMMERCIAL PREFERRED RESIDENTIAL JOTS Dimensions rounded to nearest fool LAND BUILDING TOTAL SCHOOL DISTRICT ;opyrighl 2006, Dakota County `nis drawing is neither a legally recorded map not a survey and is not attended to be used as one his drawing is a compilation of records, inlormalion and data located in various city, county, and a ^d other souses of of ng'hc area shown and is to be used 'o' refera^ce purposes only Dakota County is not responsible for any inaccuracies herein contained 11 discreoanctes are ound, please contact Dakota County Survey and Land Information Oepar(menr Asp Date Marcn 2 2006 Parcels Updated 02109i2006 Aena7 Photography 1990 SITE MAP LOT SIZE 3,266 953 TOTAL SO FT 75 00 TOTAL ACRES 186 52 478 ROAD RAW SO FT LOCATION SW1/4 SWIM SECTION 29- 115 -16 PAYABLE 2006 HOMESTEAD STATUS NON HOMESTEAD WATERSHED DISTRICT VERMILLION RIVER LAST QUALIFIED SALE DATE AMOUNT 2005 BUILDING INFORMATION (PAYABLE 2008) TYPE 5 FAM RES YEAR BUILT 1680 ARCH/STYLE 1 -1/4 STRY FOUNDATION SO FT 752 FINISHED SO FT 860 BEDROOMS 3 1 WOOD 0 BATHS FRAME GARAGE S0 FT OTHER GARAGE MISC BLDG MISC BLDG PLAT NAME SECTION 29 "WI 115 RANGE 18 TAX DESCRIPTION W 85 A OF SW 114 EX 21 113 R OF N 75 R EX PARCEL 15 IN CTY RAN MAP 21 29 115 18 OM- vN_ dvH- JVn._.io_iHDm_EIVO &AiNISLIZ vlozvs =r 0 0 ro y 0 z y