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Home My WebLink About6.h. Mineral Extraction Permit Renewal for Ped / Ames ConstructionCITY OF ROSEMOUNT r EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: February 17, 2004 Applicant: Ames Construction, Inc. Location: 4992 145 Street East. 1.5 miles east of US 52 /STH 56, south of CSAH 42 Property Owner(s): Otto Ped, Grace Kuznia Area in Acres: 80.76 Acres Comp. Guide Plan Desig: IM — Industrial/Mixed Use and AG - Agriculture Current Zoning: Agriculture Planning Commission Action: Recommended Approval to CC 4 -0 on 1 -27 -04 SUMMARY Ames Construction is requesting the renewal of the mineral extraction permit for the property located at 4992 145' Street East (1.5 miles east of US 52 /STH 56 and south of CSAH 42). This request is based upon the routine annual review and renewal of the current permit. 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. The Planning Commission reviewed these standards, police records, and the information submitted by the applicant during a public hearing on January 27, 2004. Based on that information, the Planning Commission recommended 4 -0 that the City Council approves the request to renew the Ped Mineral Extraction Permit for the period from January 1, 2004 to December 31, 2004. PROPERTY ID NUMBER: 34- 02900 - 011 -50 FEE OWNER: OTTO A PED 4992 145TH ST E ROSEMOUNT MN 55068 -2442 F; .. ERTY ADDRESS: 4992 145TH ST E ROSEMOUNT MN 55068 PAYABLE 2002 TAXES NET TAX: sonoft SPECIAL ASSESSMENTS: dft TOTAL TAX 8 SA: 40MIUM PAYABLE 2003 ASMNT USAGE:AG -GREEN ACRES AG HOUSE GARAGE 11ACRE COMMERCIAL - PREFERRED NOTE: Dimensions rounded to nearest fool SITE MAP 2002 ESTIMATED MARKET VALUES (PAYABLE 2003) LAND: 11111111111111111M LOT SIZE BUILDING: TOTAL: 3,518,039 TOTAL SO FT 80.76 TOTAL ACRES SCHOOL DISTRICT: 196 69,019 ROAD R/W SO FT LOCATION: NE1/4 SW114 SECTION 29- 115 -18 PAYABLE 2003 HOMESTEAD STATUS: FULL HOMESTEAD WATERSHED DISTRICT: VERMILLION RIVER LAST QUALIFIED SALE: DATE: AMOUNT: it 2002, Dakota County - This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information and data located in various city, county, and state offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact Dakota County Survey and Land Information Department. Map Date. March 25, 2002 Parcels Updated: 3/7/2002 Aerial Photography: 1990 2002 BUILDING INFORMATION (PAYABLE 2003) TYPE S.FAM.RES YEAR BUILT 1974 ARCH /STYLE TWO STORY FOUNDATION SO FT 1438 FINISHED SOFT 2218 BEDROOMS 4 BATHS 2.5 FRAME WOOD GARAGE SO FT 624 OTHER GARAGE MISC BLDG MISC BLDG PLAT NAME: SECTION 29 TWN 115 RANGE 18 TAX DESCRIPTION: E 75 ACRES OF SW 114 8 W 87.5 ACRES OF SE 114 EX PT LYING E OF LINE BEG 165.31 FT E OF NW CDR SE114 THENCE SWLY TO PT ON S LINE 57.31 FT E OF SW COR SE 114 SUBJ TO HWY ESMNT OVER N 50 FT 29 115 18 JAN 16 2004 3:35 PM FR AMES BURNSVILLE 952 435 7142 TO 6514234424 P.02 Jason Lindahl City of Rosemount 2875 — 145 Street Nest Rosemount, Mn 55068 Dear Jason, Please note that Ames had not extracted any material in 2003 ffro ri tae Furlong site and or from the Ped site. Additionally, the surety bonds and insurance bonds for both sites: vi11. be renewed. ($7500 per acre). - �ty Please let me know if you need additional information. I great appt eciate your assistance. S 2'a�s P n Ames Construction � _ TnT n1 onr_C M'7 WW Mineral Extraction Permit 2004 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 4, 1998. C. The term of the permit shall extend from February 18, 2004 until December 31, 2004 unless revoked prior to that for failure to comply with the permit requirements. A mining permit fee of $635.00 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 be obtained and submitted to the City prior to the issuance of the permit. That 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 as 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 streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After the Operator has received 24- 2004 Mining - Permit Bituminous Roadways, Inc. /Otto A. Ped Page 1 of 5 hour verbal notice, the City will complete or contract to complete the clean -up at the Operator's expense. I. The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise effect the natural drainage of adjacent property. No topsoil shall be removed from the site and that 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 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 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) or 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 upon 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 2 2004 Mining Permit Bituminous Roadways, Inc. /Otto A. Ped Page 2 of 5 liable 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 February 18, 2004 until June 30, 2005. 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 furnishes 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 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 18, 2004 until June 30, 2005 . P. No processing or mixing of materials shall 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 at which time such activities will be enclosed with cyclone fencing, or as approved by City staff, and provided that the fencing is 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. That the Operator and the Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees which 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. 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. 2004 Mining Permit Bituminous Roadways, Inc. /Otto A. Ped Page 3 of 5 V. Reclamation requires the replacement of the entire stockpile of topsoil to the mined area, reseeding and mulching necessary to re- establish vegetative cover for permanent slope stabilization and erosion control, provided also that 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. 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. Otto A. Ped That SHAWN DAHL, Director, 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. LE Shawn Dahl Its: Director, Real Estate Development 2004 Mining Permit Bituminous Roadways, Inc. /Otto A. Ped 4 Page 4 of 5 STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004 by Otto A. Ped, Minnesota resident and property owner. Notary Public STATE OF MINNESOTA ) )SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2004 by Shawn Dahl, Director, Real Estate Development for Ames Construction, Inc., 2500 West County Road 42, Burnsville, MN 55337, the operator. Notary Public 2004 Mining Permit Bituminous Roadways, Inc. /Otto A. Ped 5 Page 5 of 5 Excerpt from the approved minutes of the 01 -27 -04 PLANNING COMMISSION Public Hearing: Ames Construction /Otto Ped Mineral Extraction Permit Renewal Assistant City Planner Jason Lindahl presented the renewal application for the Ped mineral extraction permit. Mr. Lindahl stated this is a routine renewal for a mineral extraction permit for Ames Construction/Otto Ped. The pit is 1.5 miles east of US 52 /STH 56 and south of CSAH42. There have been no complaints reported regarding this property. The applicant was present in the audience to answer questions. Chairperson Weisensel opened the public hearing. MOTION by Weisensel to close the public hearing. Second by Zuni. Ayes: Messner, Zuni, Napper, and Weisensel. Nays: None. Motion carried. Commissioner Napper reiterated the responsibility of keeping the gate locked at the project site. MOTION by Napper to recommend that the City council renew the mineral extraction permit for the Ped property for 2004 subject to the standards outlined in Section 12.4 of the Zoning Ordinance and the attached recommended conditions of operation. Second by Messner. Ayes: Zuni, Napper, Weisensel, and Messner. Nays: None. Motion carried. Ex H 1 3 I T RRGT ! o 1,4 G ptcyt�or�.. Apr tL 9, 149'j ; • r. 1=xttTtrG ASS l�o,•.D N y r+srA++c -tt .tr 19 9.- - . ,Sew u ��4 P e ' o lei �- sTock pt e a g O - j 1 9 .0 0 1 9OC f31 00 0 f! 8 0 �..o Pso ► � t � • GRADING P • aN Dtc, I`I, 19t1y t ,�3�dns olHdf�oodol MSC -iw f:�s QCZ •1K 'P•Y �• M..S 0.0 1W OOLt ICII W '03r LW /+Y �^'�/ Jw[ �o s,v1 JHL O.n YJJrawJ 3.1 93 wrossJnYe 0310L 3N " w �ia�s U J.�..L i !�JMdJY ��vj •av�saavTav� apungl vzo -mNl/Y 1Nnotu5Cly /Pll1'-4 a7d 0110 'SIYMGVV& SnONIMUS NafSA3M 31ra er�rtr �rr,ot.sas —� , I 01 O_7gCy/? 1 SIC d-7(Y d --J10 7/ b1-�'0 I I 133l NI 7T175 I ( . 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