HomeMy WebLinkAbout6.i. Mineral Extraction Permit Renewal - Ped / Ames ConstructionCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: May 20, 2003
AGENDA ITEM: Mineral Extraction Permit Renewal - Ped /
AGENDA SECTION:
Ames Construction
Consent
PREPARED BY: Rick Pearson, City Planner
AGEND
ATTACHMENTS: Draft Operating Conditions for 2003, Grading
& Phasing Plan,
APPROVED BY:
4
Draft PC minutes 4 -22 -03
Applicant: Pat Mason of Ames Construction, Inc.
Location: 1.5 miles east of US 52 /STH 56, south of CSAH 42
Property Owner(s): Otto Ped, Grace Kuznia
Area in Acres: 39 total
Comp. Guide Plan Desig: Agriculture
Current Zoning: Agriculture
Planning Comm. Action: Recommendation of Approval (4 -0)
SUMMARY
Mr. Otto Ped (owner) and Pat Mason of Ames Construction (operator) are requesting the renewal of the mineral
extraction permit for the current phase of operations for 2003. Ames reported that 74,349 cubic yards were
extracted last year. Less than 5,000 cubic yards was extracted the previous year. The activity is still confined to
the first phase.
This request is a routine renewal with no changes requested. Activity in the pit has been very low. The permit
is clearly a contingency for Ames Construction for jobs that may be awarded in the vicinity.
To date, the Police have received no complaints regarding this mineral extraction permit.
PLANNING COMMISSION PUBLIC HEARING
No one attended other than Pat Mason representing Ames Construction. One of the Commissioners expressed
concerns about traffic safety, and the willingness of the operator to extract material from the Ped property first,
rather than the Furlong property because of the traffic concerns regarding TH 55. Mr. Mason idicated that the
material from the Ped pit happened to meet the specifications required for a particular job, and that the source
depended on the material best suited to meet the spec. In actual practice, more material has been removed from
the Ped pit and minimal material has been removed from the Furlong Pit. Incidently the accidents on TH 55
occurred with traffic generated from the pit in Ninninger Township.
RECOMMENDED ACTION:
Motion to renew the mineral extraction permit for the Ped property for 2003 subject to the attached
recommended conditions of operation.
CITY COUNCIL ACTION:
Mineral Extraction Permit
2003 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 May 6, 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 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-
1999 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.
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 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 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 1999 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 May 6, 2003 until June 30,
2004.
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 May 6, 2003 until June 30, 2004.
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.
3 1999 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.
L
Shawn Dahl
Its: Director, Real Estate Development
1999 Mining Permit
Bituminous Roadways, Inc. /Otto A. Ped
4 Page 4 of 5
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STATE OF MINNESOTA
SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2003 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 ,
2003 by Shawn Dahl, Director, Real Estate Development for Ames Construction, Inc., 2500
West County Road 42, Burnsville, MN 55337, the operator.
Notary Public
1999 Mining Permit
Bituminous Roadways, Inc. /Otto A. Ped
5 Page 5 of 5
AMES CONSTRUCTION, INC.
2000 AMES DRIVE
BURNSVILLE, MINNESOTA 55306
(952) 435 -7106 • FAX (952) 435 -7142
March 31, 2003
Rick Pearson
City of Rosemount
2875 — 145 Street West
Rosemount, Mn 55068
Dear Rick,
0
Enclosed you will find the Otto Ped and Tom Furlong mining renewal permits along with
two checks each for $215 for the permit fee.
The aggregate removal reports for each pit are also included. Please note that Ames had
not extracted any material in 2002 from the Furlong site and extracted 74,349 cubic yards
from the Ped mining site.
Additionally, the surety bonds and insurance bonds for both sites are up to date.
I will plan on talking to you before the April 22 Planning Commission to discuss possible
concerns about the permit renewals.
Please let me know if we need additional information. I greatly appreciate your
assistance.
Sincerel
Patrick Mason
Ames Construction
An Equal Opportunity Employer
OFFICES IN: DENVER, COLORADO • PHOENIX, ARIZONA • SALT LAKE CITY, UTAH
CITY OF ROSEMOU NT
CITY HALL
2875 — 145th Street West
Rosemount, MN
55068 -4997
Phone: 651 - 423 -4411
Hearing Impaired 651 - 423 -6219
Fax: 651 - 423 -5203
Planning Commission
Regular Meeting Minutes
April 22, 2003
Puriguant to due call and notice thereof, the Regular Meeting of th arming Commission was
held on Tuesday, April 22, 2003. Vice Chairperson David rson called the meeting to order
at 6:30 p. with Commissioners Myron Napper, Jason ssner, and Terry Zurn present.
Chairperson sensel was absent. Also in attendan was City Planner Rick Pearson.
The meeting was
Agenda Changes:
with Pledge of
None
Audience Input: None.
MOTION by Messner approve the Ap ' 8, 2003 Regular Planning Commission Meeting
Minutes. Second b apper. Ayes: Napper, derson, Messner, Zurn. Nays: Q. Motion
carried.
Vice Ch3jF156rson Anderson confirmed with the recordi secretary has placed on file with the
City Affidavits of Mailing and Postings of a Public Hea ' Notice and Affidavits of
lication concerning the public hearings on the agenda.
Public Hearing: Ames Construction /Otto Ped Mineral Extraction Permit Renewal
This is a routine renewal for a mineral extraction permit at the Otto Ped property located 1.5
miles east of US 52, south of CSAH 42. The renewal is for the current phase of operations for
2003. Ames Construction has reported that 74,349 cubic yards were extracted last year. The
previous year had less than 5,000 cubic yards extracted. The activity in the pit has been very low
and the police have received no complaints.
Applicant Pat Mason, Ames Construction stated the mining of the pits depends on the jobs they
get.
Vice Chairperson Anderson opened the public hearing. There were no comments.
MOTION by Anderson to close the public hearing. Second by Messner. Ayes: Anderson,
Messner, Zurn, Napper. Nays: 0. Motion carried.
MOTION by Anderson to recommend that the City Council renew the mineral extraction permit
for the Ped property for 2003 subject to the attached recommended conditions of operation.
Second by Zurn. Ayes: Messner, Zurn, Napper, Anderson. Nays: 0. Motion carried.
PAYABLE 2002 TAXES
NET TAX:
SPECIAL ASSESSMENTS: 0.00
TOTAL TAX & SA: +fit
PAYABLE 2003 ASMNT USAGE:AG -GREEN ACRES
AG HOUSE GARAGE 1 1ACRE
COMMERCIAL- PREFERRED
NOTE: Dimensions rounded to nearest foot
Copyright 2002, Dakota County -
LOCATION: NE1 14 SW1 /4 SECTION 29- 115 -18
PAYABLE 2003 HOMESTEAD STATUS: FULL HOMESTEAD
WATERSHED DISTRICT: VERMILLION RIVER
LAST QUALIFIED SALE:
DATE: AMOUNT:
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.
2002 BUILDING INFORMATION (PAYABLE 2003)
TYPE
SITE
MAP
PROPERTY ID NUMBER: 34- 02900- 011 -50
2002 ESTIMATED MARKET VALUES
(PAYABLE 2003)
FEE OWNER: OTTO A PED
LAND: LOT SIZE
4992 145TH ST E
BUILDING:
4
ROSEMOUNT MN 55068 -2442
TOTAL:
3,518,039 TOTAL SQ FT
WOOD
GARAGE SQ FT
80.76 TOTAL ACRES
PROPERTY ADDRESS: 4992 145TH ST E
SCHOOL DISTRICT: 196
69,019 ROAD R/W SQ FT
ROSEMOUNT MN 55068
PAYABLE 2002 TAXES
NET TAX:
SPECIAL ASSESSMENTS: 0.00
TOTAL TAX & SA: +fit
PAYABLE 2003 ASMNT USAGE:AG -GREEN ACRES
AG HOUSE GARAGE 1 1ACRE
COMMERCIAL- PREFERRED
NOTE: Dimensions rounded to nearest foot
Copyright 2002, Dakota County -
LOCATION: NE1 14 SW1 /4 SECTION 29- 115 -18
PAYABLE 2003 HOMESTEAD STATUS: FULL HOMESTEAD
WATERSHED DISTRICT: VERMILLION RIVER
LAST QUALIFIED SALE:
DATE: AMOUNT:
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.
2002 BUILDING INFORMATION (PAYABLE 2003)
TYPE
S.FAM.RES
YEAR BUILT
1974
ARCH /STYLE
TWO STORY
FOUNDATION SQ FT 1438
FINISHED SQ FT
2218
BEDROOMS
4
BATHS
2.5
FRAME
WOOD
GARAGE SQ FT
624
OTHER GARAGE
MISC BLDG
MISC BLDG
PLAT NAME: SECTION 29 TWIN 115 RANGE 18
TAX DESCRIPTION: E 75 ACRES OF SW 114 & W
87.5 ACRES OF SE 1/4 EX PT
LYING E OF LINE BEG 165.31
FT E OF NW COR SE1 /4 THENCE
SWLY TO PT ON S LINE 57.31
FT E OF SW COR SE 1/4 SUBJ
TO HWY ESMNT OVER N 50 FT
29 115 18
Map Date: March 25, 2002 Parcels Updated: 3/7/2002 Aerial Photography: 1990
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