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HomeMy WebLinkAbout6.j. Otto Ped (Solberg Aggregate Company) Mineral Extraction Permit Renewal 06-21-MEAGENDA ITEM: 06 -21 -ME Otto Ped (Solberg Aggregate Company) Mineral Extraction Permit Renewal. AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, A I C P. Planner Ae'i;1 t ATTACHMENTS: 2006 Mineral Extraction Permit, Draft 03 -28 -06 PC Minutes, Location map, Phasing Plan, Letter from Solberg Aggregate Company. APPROVED BY: RECOMMENDED ACTION: Motion to renew the Ped Mineral Extractiont for 2006. 4 ROSEMOUNT City Council Regular Meeting: April 18, 2006 SUMMARY Applicant Propert Owner(s): Location. Area m Acres: Mining area: Comp. Guide Plan Desig: Current Zoning Nature of request: Material removed in 2005: Planning Commission Action CITY COUNCIL EXECUTIVE SUMMARY Otto Ped 4992 145` Street East 80 Approximately 35 acres Business Park and Urban Residential Agriculture Annual renewal of the mineral extraction permit 66,250 cubic yards Voted to Recommend City Council Approval 3 -0 ISSUE The applicant, Otto Ped, requests renewal of the mineral extraction permit for his property located 4992 145' Street East This is application is the routine annual permit renewal as required by ordinance. Solberg Aggregate Company took over operation of the pit in 2005 from Ames Construction and will operate the mine on a day-to-day basis throughout 2006. PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this item during its March 28, 2006 meeting. After hearing from staff, the Commission opened the public hearing. Myron Napper of 3381 145' Street East questioned why Otto Ped was required to front money in order to obtain the permit. Mr. Napper stated the City should be billing the contractor, not the property owner. Staff explained to the Commission and Mr. Napper that the application fee for the peanut renewal is $1,425. The fee is hsted in the City's fee schedule that has been adopted by the City Council. The fee is intended to cover the costs and time involved with reviewing the application Mr. Lindahl added there is also a $370 mining fee that is listed in the 2006 conditions for this application. It is the property owner's responsibility to bring the application forward. Deciding how the fee is paid is between the owner and the contractor. Chairperson Messner asked if Solberg were to write the check, could the City accept it Community Development Director Lindquist stated the City requires the property owner to sign off on the apphcation. The payment for the apphcation can be made by whomever. Lauren Howard of Solberg Aggregate stated that Solberg is under contract with Ames Construction Company. The lease between Ames and Solberg does not expire until April 1". Mr Howard stated it was decided it would be best for Mr. Ped to pay for the application since Solberg is still under lease with Ames Construction Company until April 1, 2006. BACKGROUND In 2005, approximately 66,250 cubic yards of aggregate material was extracted from Phase One of the site. The applicant plans to extract approximately 80,000 cubic yards of material from Phases One and Two of the site during 2006. CONCLUSION 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 mformation submitted by the applicant, staff recommends approval of the Ped Mineral Extraction Permit 2006 subject to conditions. 2 Mineral Extraction Permit 2006 Conditions for Mineral Extraction Permit Renewal Mr. OTTO PED AND SOLBERG AGGREGATE COMPANY A. Solberg Aggregate Company (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 and 2, on Exhibit A which is attached hereto as one of the exhibits dated March 3, 2006. 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. 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 Mining Permit Solberg Aggregate Company /Otto A Ped Page 1 of 5 I. 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. J. 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 2005 Mining Permit Solberg Aggregate Company /Otto A Pcd Page 2 of 5 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 Micmesota 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 /I00 ($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 until July 31, 2007. 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 ponding 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. by reason of any accident or injury to persons or property through the fault of the Operator. (5) The surety bond or cash escrow shall remain in effect from April 19, 2006 until July 31, 2007. 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. S. 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. 2005 Mmmg Permit Solberg Aggregate Company /Otto A Ped Page 3 of 5 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. 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 surety 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. By: Otto A. Ped That Bob Solberg, President of Solberg Aggregate Company, Rosemount, MN 55068, the operator, hereby consents and agrees to the foregoing conditions of said mining permit. Solberg Aggregate Company By: Bob Solberg Its: 2005 Mining Permit Solberg Aggregate Company /Otto A Ped Page 4 of 5 STATE OF MINNESOTA SS COUNTY OF The foregoing instrument was acknowledged before me this day of 2006 by Otto A. Ped, Minnesota resident and property owner. STATE OF MINNESOTA COUNTY OF SS Notary Public The foregoing instrument was acknowledged before me this day of 2006 by Bob Solberg, President of Solberg Aggregate Company, Rosemount, MN 55068, the operator. Notary Public 2005 'Ming Permit Solberg Aggregate Company /Otto A Ped Page 5 of 5 Public Hearings: 5.a. 06 -21 -ME Ped Kuznia Mineral Extraction Permit Renewal. Planner Lindahl reviewed the staff report. Otto Ped requested renewal of the mineral extraction permit for his property located 4992 145 Street East. This is a routine annual permit renewal as required by ordinance. Solberg Aggregate Company took over operation of the pit in 2005 from Ames Construction and will operate the mime on a day -to -day basis. In 2005, approximately 66,250 cubic yards of aggregate material was extracted from Phase One of the site. The applicant plans to extract approximately 80,000 cubic yards of matenal from Phases One and Two of the site during 2006. It should be noted that a portion of Phase Two encroaches onto the Kunzia property to the East. However, Lauren Howard of Solberg Aggregate does not anticipate =rung activity on the Kunzia property during 2006. Regardless, staff recommends that a condition of approval require the applicant to revise the Phasing Plan to only cover airing within the Ped SO acre property. Chairperson Messner invited the applicant to come forward. Otto Ped, 4992 145 Street East, Rosemount, stated he is the owner of the property and is available to answer any questions. Chairperson Messner opened the Public Hearing. Myron Napp 3381 145 Street East, Rosemount, questioned why Otto Ped was required to front money m order to obtain the permit. Mr. Napper stated the City should be billing the contractor, not the property owner. Planner Lindahl explained to the Commission and Mr. Napper that the application fee for the permit renewal is $1,425. The fee is listed in the City's fee schedule that has been adopted by the City Council. The fee is intended to cover the costs and time involved with reviewing the application. Mr. Lindahl added there is also a $370 mining fee that is listed in the 2006 conditions for this apphcation. It is the property owner's responsibility to bring the application forward. Deciding how the fee is paid is between the owner and the contractor. Chairperson Messner asked if Solberg were to wnte the check, could the City accept it. Community Development Director Luidquist stated the City requires the property owner to sign off on the application. The payment for the apphcation can be made by whomever. Lauren Howard of Solberg Aggregate stated that Solberg is under contract with Ames Construction Company The lease between Ames and Solberg does not expire until April 1 Mr. Howard stated it was decided it would be best for Mr. Ped to pay for the application since Solberg is still under lease with Ames Construction Company until April 1, 2006. MOTION by Schultz to close the Public Hearing. Second by Schwartz. Ayes: All. Nays: None. Motion approved. MOTION to recommend that the City Council renew the Ped Mineral Extraction Permit for 2006, conditioned on conformance with the standards outlined in Section 12.4 of the Zoning Ordinance and the 2006 Conditions for Mineral Extraction, subject to the following condition: 1. Submission of a revised Phasing Plan illustrating mining within the boundaries of the Ped 80 acre property prior to action on this item by the City Council. Second by Schwartz. Ayes: All. Nays: None. Monon approved. t Otto Ped /Solberg Aggregate Company MinelaI Extraction Site Copynght 2006, Dakota County Map Date March 24, 2006 L PED PROPERTY POSEMAIT 1.14.0T MINERAL EXTRACTION EXHIBIT SOLBERG AGGREGATE ,0\ James R. Hill, Inc. PLANNERS ENGI CEPS Hill, Exhibit A PPUJCOT N i CI FIR! N 11I n o PED PROPERTY MINERAL EXTRACTION EXEIIRIT SOLEERG AGGP,EGATE j James R. Hill, Inc. j I PLANNERS /ENGINEERS SURVEYORS JJ �i 6- 5 aim' m SOLBERG Aggregate Co April 6, 2006 Jason Lindahl, A.I.C.P. Assistant City Planner City of Rosemount 2875 145 Street West Rosemount, MN 55068 Dear Jason: Our application for mineral extraction is for the Otto Ped property. We will be entering Phase II on this permit and excavating up to the required 30 ft. setback on the east property line as required by City Ordinance The proposed fmal grades will only go to the 30 ft. setback requirement. /lh 3615 145th Street E. Rosemount, MN 55068 Phone (651) 437 -6672 Fax (651) 437 -5308 APR 06 two v By However, after this permit has received approval we will be asking to amend the new permit to include Otto Ped's sister, Grace H Kuznia, property. This property abuts the Otto Ped property to the east and it is anticipated that mineral extraction would continue into Phases III and IV and that the fmal grades would be compatible with both parcels of land. This operation will occur over the next few years. We have been informed by the property owners that they both share in each others mineral rights and access to County Road #42. Therefore, both parcels are served well by one permit. If you have any questions, please do not hesitate to call me at (612) 867 -9028. Thank you for your consideration to this matter. incerely, Lauren Howard Solberg Aggregate