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HomeMy WebLinkAbout6.d. Mineral Extraction Permit Renewal - Danner Inc.7 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: April 17, 2003 AGENDA ITEM: Mineral Extraction Permit Renewal — Danner Inc. AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner AGENDA NO: ' ATTACHMENTS: Site Map, Phasing Map, Draft 2003 Conditions, APPROVED BY: Planning Commission Minutes 2 -25 -03 Applicant & Property Owner(s) Location: Area in Acres: Comp. Guide Plan Design: Current Zoning: Nature of Request: Planning Commission Action: SUMMARY Marlon L. Danner of Danner Inc. 1.25 miles east of STH 52/56 and 11 /4 mile south of CSAH 42 75 Agriculture Agriculture Renewal of Mineral Extraction Permit Recommendation of Approval (5 -0) Marlon Danner has requested the renewal of the mineral extraction permit for Danner Inc. This is a request based upon the routine annual review and renewal of the current permit. In the year 2002, the applicant reports approximately 115,000 tons of granular material were extracted from the pit area. This pit is currently in the 2000 phase. The Police indicated that no complaints have been received. PLANNING COMMISSION PUBLIC HEARING No one commented at the public hearing. The Commissioners identified no concerns. RECOMMENDED ACTION: Motion to renew the mineral extraction permit for Marlon Danner of Danner Inc., subject to the attached conditions for 2003. CITY COUNCIL ACTION: 1� Z r�3i 1�� smftxD mVtwkY W 11 FED PRopmlry 1✓ . 111 °/* 1 Di�n►ta�R PRoP�ER'1'�' NOTE: Dimensions rounded to nearest foot Copyright 2001, 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: December 26, 2001 Parcels Updated: 12/6/2001 Aerial Photography E J1 A Z 0 c r2 > jIll!iN -3 . C) 0 Rz Z U MW 0 0 z —3 ci z T 2R t � :BLA D'Rr BjR HINON 996 IQ vlmli 77 E J1 A Z 0 c r2 > jIll!iN -3 . C) 0 0 Z 0 0 z —3 ci z Mineral Extraction Permit 2003 Conditions For Mineral Extraction Permit Renewal DANNER, INC. A. Danner Inc., hereinafter referred to as the "Property Owner" and hereinafter 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 as on Exhibit A which is attached hereto as one of the exhibits. C. The term of the permit shall extend from February 25, 2003 until December 31, 2003 unless revoked prior to that for failure to comply with the permit requirements. A mining permit fee of $330.00 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 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 mining 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 as 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 obtain 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 streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After the Property Owner has received 24 -hour verbal notice, the City will 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 prior notification. H. That 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. That no topsoil shall be removed from the site and that the Property Owner 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. 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 Property Owner. K. That 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. That the Property Owner reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. That the Property Owner agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. L. That 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. M. That the Property Owner deposit with the Planning Department a surety bond or cash escrow in the amount of Five Thousand Dollars per acre ($5,000.00 /acre) or active phase in favor of the City for the cost of restoration, regrading and /or revegetating land disturbed by mining activities in the event of default from this agreement 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 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 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 January 1, 2002 until July 30, 2003. 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. N. That the Property Owner 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 April 4, 2002 until July 30, 2003. O. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any kind 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. That the Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. That the Property 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. Q. That the Property Owner 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 W Owner shall submit to the City semiannually a written report indicating the amount of material extracted from the site for the prior six -month period. S. That 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. 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 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). V. The Property Owner must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. W. All recycling must be completed with the completion of the current phase. 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 permit to the City. The Property Owner shall identify all Operators prior to their 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 time 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 2003. DANNER, INC. STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) l i `a Property Owner The foregoing instrument was acknowledged before me this day of , 2003, by , on behalf of Danner, Inc., Property Owner. otary Public Planning Commission Meeting Minutes February 25, 2003 Page 2 S variance request involves property located at the north end of Blanca venue. App imately two years ago Mr. Kulhanek acquired a variance to lot a to construct the existing use in the middle of the property. This land is zoned R Residential and the minimum 1 size is 2.5 acres. Mr. Kulhanek's lot is approxima y 1 acre. The proposed garage encroaches into e setbacks. The proposed garage would r ire the wetland to be filled and a retaining wall to be ' stalled. Some questions have bee ised from our Water Resources Engineer, Chad Donne ; about the impact of the we d and its status and drainage patterns. Brian Alton, Attorney for M' Kulhanek, stat that their consultant does not have any new information to add to the previou eport pr ared two years ago. There was question about the wetland and its ordinary high water r as it affected the septic system and drain field. One thing to consider is the outlet from t land being several feet below the septic drain field. The presence of that outlet would iate potential for inundation of the septic system that might result if fill is put into wetland. Mr. ton reserved the rest of his comments of the public hearing on March 11 003. Chairperson WeisensXopened the public hearing. Therewere no comments. MOTION by pper to continue the public hearing until March ", 2003. Second by Anderson. es: Weisensel, Messner, Schiltz, Anderson, Napper. %andor otion carried . Chai son Weisensel adjourned the Board of Appeals & Adjustmenvened the P ng Commission Meeting. Public Hearing: Danner Mineral Extraction Permit Renewal 2003 This-is a- routine- mineral extraction permit rene,val 21'03 for the earner Mining Pit.located _1.25 - miles east of STH 52/56 and ' / mile south of C:SA_H 42. The applicant reports approximately - 115,000 tons of granular material was extracted in the last year. The pit seems to be a little behind the times in terms of its phasing as a result of the level of work and contracts landed. There are no requested change to the permit so Staff recommends approval subject to that attached conditions. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Anderson to close the public hearing. Second by Napper. Ayes: Messner, Schiltz, Anderson, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Anderson to recommend that the City Council renew the mineral extraction permit for Marlon Danner of Danner, Inc. subject to the attached conditions for 2003. Second by Messner. Ayes: Schiltz, Anderson, Napper, Weis ensel, Messner. Nays: 0. Motion carried. Mr. Pearson stated this would most likely be on the City Council agenda on March 20, 2003. lie Hearing: Centex Home Minea Conce esidential Plann nit Development This lopment con mixes housing types and dens' ' s o e largest remaining parcel of land in Rose s Metropolitan Urban Service Area 1 There are a number of con nts on the erty including several pipeli ignificant n ,s sto water ponding