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
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FIR! N
11I
n
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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