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HomeMy WebLinkAbout6.h. Mineral Extraction Permit Renewal Furlong / Ames Construction Inc.CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: May 20, 2003 AGENDA ITEM: Mineral Extraction Permit Renewal - Furlong / Ames Construction, Inc. AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner AGENDA #F 6 H ATTACHMENTS: Draft Conditions for 2003, Phasing and Grading Plans. Draft PC Minutes 4 APPROVED BY: -22 -03 Applicant & Property Owner: Ames Construction/ Tom Furlong Location: 1/4 mile south of CSAH 42 /TH 55, West side of Fischer Ave. Area in Acres: 33 total Comp. Guide Plan Desig: Agriculture Current Zoning: Agriculture Planning Commission Action: Recommendation of Approval (4 -0) SUMMARY Ames Construction is requesting that the mineral extraction permit for this property be renewed for 2003. Tom Furlong will continue to assume the dual responsibilities of owner /operator. No material was reported to have been extracted from the pit in 2002. The Police indicated that there were no complaints reported last year. PLANNING COMMISSION PUBLIC HEARING On April 22, 2003, the Planning Commission conducted a public hearing as required. No one attended other than Pat Mason representing Ames Construction. One Commissioner expressed concerns about traffic safety relative to this permit during the public hearing opened for the other property discussed that evening (Ped / Ames). In any event, Staff had attempted to impose additional traffic related restrictions last year, but was unsuccessful. Ultimately, TH 55 is a State Highway, and the responsibility of MnDOT. Upon reiteration of this, the Commissioners adopted a recommendation of approval. RECOMMENDED ACTION: Motion to approve the mineral extraction permit renewal for Tom Furlong / Ames Construction for the 2003 season subject to the attached recommended conditions of operation. CITY COUNCIL ACTION: Mineral Extraction Permit 2003 Conditions For Mineral Extraction Permit Renewal TOM FURLONG A. Tom Furlong (hereinafter referred to as "the Property Owner -) shall sign a written consent to these conditions binding himself and his successors, heirs or assigns to the conditions of this permit. B. This permit is granted for the area designated on Exhibit A which is attached hereto. 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 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 grading plan attached as 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. The grading plan shall be revised to exclude all trees along Fischer Avenue. No grading shall occur within the drip zone or beneath the spread of branches of any tree. G. All gravel trucks shall enter and exit the mining area from Fischer Avenue. It shall be the Property Owner's responsibility to obtain any access permits or 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. H. 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. 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 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. Topsoil shall be provided to a minimum of four (4) inches and shall be consistent with city specifications for all restored phases. 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 Property Owner. L. 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. The Property Owner 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. The Property Owner 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 Property Owner shall deposit with the City 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 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 Public Works Director 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 June 19, 2002 until June 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. O. The Property Owner shall furnish 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. The accessory aggregate sorting and washing plant shall be enclosed by a temporary fence. In addition, the northern perimeter shall also be fenced. Q. 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. R. The Property Owner shall 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 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. U. 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. 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). 3 W. The Property Owner shall provide an escrow of $5,000 as a security to ensure that Fisher Avenue will be resurfaced with one hundred percent (100 %) crushed Class 2 following the removal of the accessory aggregate sorting and washing plant. The escrow may be replaced by another form of security acceptable to the City Administrator. X. Fisher Avenue shall be continuously maintained and bladed at the end of each day and kept open to traffic. Y. 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 this 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. IN WITNESS WHEREOF, Tom Furlong, the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit and has hereunto set his hand this day of , 2003. Tom Furlong STATE OF MINNESOTA ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2003 by Tom Furlong, the Property Owner. Notary Public C! PROPERTY ID NUMBER: 34- 02800- 010 -85 FEE OWNER: THOMAS & CARRIE TSTE FURLONG COMMON NAME: FURLONG GRAVEL PIT 14080 FURLONG TRL HASTINGS MN 55033 -8523 PAYABLE 2003 TAXES NETTAX: SPECIAL ASSESSMENTS: TOTAL TAX & SA: PAYABLE 2004 ASMNT USAGE:AG -GREEN ACRES RESIDENTIAL NOTE: Dimensions rounded to nearest foot Copyright 2003, Dakota County - SITE MAP 2003 ESTIMATED MARKET VALUES (PAYABLE 2004) LAND: LOT SIZE BUILDING: TOTAL: 3,482,369 TOTAL SO FT 79.94 TOTAL ACRES SCHOOL DISTRICT: 196 87,117 ROAD R/W SO FT LOCATION: SE1 14 SE1 /4 SECTION 28- 115 -18 PAYABLE 2004 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. 2003 BUILDING INFORMATION (PAYABLE 2004): NO DATA AVAILABLE PLAT NAME: SECTION 28 TWN 115 RANGE 18 TAX DESCRIPTION: E 112 OF SE 1/4 080000 2811518 Map Date: April 11, 2003 Parcels Updated: 413/2003 Aerial Photography: 1990 �., � o. ! ,, � —�, � � � � 1111 ._ � �- � r f;> i ice � ��� ?' � \ \ � ' �_ _.� .� .1 � ; e :`:' i �. ;<:; i<: . N Q �� m u A r M v H 4 v 0 g g g 9I 0 7� 11 R-9 iol I 1 1 � � \ � 1 of 1\ is 1 06i` OYe`.` \� EXLwM ODNMIIO 4i.OPES & DRAINAGE il l � O O I a A - FLAN OPERAMNS ;�3 Id s2 e ` t � ` �`` .L =```t .,. \�\ \, '�.- � : _ -. _ _ >__ __ _,� J ILL I UJFb— 0 q O 8 5 IF 1tFCLA1NA'nos MAN a� Planning Commission Meeting Minutes April 22, 2003 Page 2 Mr. P rs st ed this go <it u' n , 003. Public Hearing: Ames Construction /Furlong Mineral Extraction Permit Renewal This is a routine renewal for 2003 for this property located' /4 mile south of CSAH 42 /TH 55 on the west side of Fischer Avenue. Tom Furlong will remain the owner /operator. There was no material reported to have been extracted from the pit in 2002. There have been no complaints received by the police. There was discussion regarding the traffic from this pit and Hwy 55. There is still approximately 600,000 cubic yards in the Furlong pit and the anticipated reclaimed date is 2006. A study done last year by Police Chief Gary Kalstabakken determined that most of the traffic is coming from Nininger Township. Since this is a State Highway, the City does not have many options for improving the intersection. Vice Chairperson Anderson opened the public hearing. There were no comments. MOTION by Anderson to close the public hearing. Second by Zum. Ayes: Zurn, Napper, Anderson, Messner. Nays: 0. Motion carried. MOTION by Anderson to recommend that the City Council approve the mineral extraction permit renewal for Tom Furlong /Ames Construction for the 2003 season subject to the attached recommended conditions of operation. Second by Napper. Ayes: Napper, Anderson, Messner, Zurn. Nays: 0. Motion carried. Mr. Pearson stated this will go to City Council on May 20, 2003. blic Hearing: Bloomfield 7 Addition Rezoning Thi ezoning is follow -up to the concept approval requirements fo loomfield 7 Addition. There 54 townhouse units that are typical of the R -2, Mode e Density Residential zoning district. s zoning is allowed by the Comprehensive PI his rezoning recommendation will accompany t preliminary plat that will be forwarded the City Council. Vice Chairperson MOTION by Anderson Messner, Zum, Napper. MOTION by Napper to property from R -1, Low Anderson. Ayes: Messp Old Business: /None. New Busiai6ss: None. opened the public the 0. Mckfon carried. the City Council rezone the Bloomfield 7 Addition tial to R -2, Moderate Density Residential. Second by , Zurn, Napper, There were no comments. Second by Messner. Ayes: Anderson, on. Nays: 0. Motion carried. Dir tor's Report: Mr. Pearson announced that the City has ed an Assistant Planner. His e is Jason Lindahl and he will be at the May 13, 2003 meeting.