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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 EXH, a l r -- EXTRACT J ON ��NG y4wu�or►...� }kPJtl1. 9, J49? �xtsT►rG ACt -ASS 1�0� �+wsr�+c.T L 4o J 9 4S ,.See u �� q •�c.c� • r de ph" 6 1 t4 , M , L ! 9 00 • . Q p 87 Ueo 10. GY. f170 GRADING P sv..oc L.r.o Svr.�tyinG ! art Dic.. 14, J9i'!y - r N t e, 0 - �.��• •' ' . •a Cl J • . Q p 87 Ueo 10. GY. f170 GRADING P sv..oc L.r.o Svr.�tyinG ! art Dic.. 14, J9i'!y - 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 .(3A& o 11-1c(v&9od01 L 1 az w+ ' ww wesy A ww oo=r -..-v= •av>l�aaatau� apvng� K(Q 0. 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