HomeMy WebLinkAbout6.n. Mineral Extraction Permit Renewal - Shafer Contracting Company, Inc.CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: December 16, 2003
AGENDA ITEM: Mineral Extraction Permit Renewal - Shafer ::TAGENDA SECTION:
Contracting Company, Inc. Consent'
PREPARED BY: Jason Lindahl, A.I.C.P., Assistant City Planner AGE6,
I`
[ATTACHMENTS: Site Maps, Phasing Maps, 2004 Conditions APPROVED BY:
Applicant & Property Owner(s): Scott Spisak of Shafer Contracting Company, Inc.
Location: %4 mile west of County Road 71 and 1 mile north of County Road 38
Area in Acres: 93 (approximately)
Comp. Guide Plan Design Agriculture
Current Zoning: Agriculture
Nature of Request: Renewal of Mineral Extraction Permit
SUMMARY
Scott Spisak, of Shafer Contracting Company, Inc., requests renewal of the mineral extraction permit for the
property located %4 mile west of County Road 71 and 1 mile north of County Road 38. This request is based on
the routine annual review and renewal of the current permit.
The applicant is currently operating in Phase 3 and the eastern half of Phase 4 (see attached Phasing Map).
According to Dakota County, the applicant removed 133,762 cubic yards of material through the end of the
Third Quarter of 2003.
This renewal is subject to the conditions outlined in the attached permit. In addition to these site specific
conditions, all mineral extraction permits are subject to the general performance standards outlined in Section
12.4of the Zoning Ordinance. Staff finds that the applicant is in compliance with the terms and conditions for
their permit. In addition, the applicant has provided an updated dust control plan, surety bond, and certificate of
comprehensive liability insurance.
On November 25; 2003, the Planning Commission held a public hearing to review the permit and ordinance
standards, police records, and the information submitted by the applicant. Based on this information, the
Commission passed a motion recommending the City Council renew the Shafer Mineral Extraction Permit for
the period from January 1, 2004 to December 31, 2003.
RECOMMENDED ACTION: 'Motion to renew the Shafer Mineral Extraction Permit for the period from
January 1, 2004 to December 31, 2004, subject to the conditions outlined in the attached 2004 permit.
CITY COUNCIL ACTION ACTION:
SITE MAP
PROPERTY ID NUMBER: 34-01400-013-09 2002 ESTIMATED MARKET VALUES (PAYABLE 2003) 2002 BUILDING INFORMATION (PAYABLE 2003):
FEE OWNER: SHAFER CONTRACTING CO INC LAND: 41� LOT SIZE (EXCLUDES NO DATA AVAILABLE
COMMON NAME: SHAFER CONTRACTING GRAVEL PIT BUILDING: ROAD EASEMENTS)
PO BOX 128 TOTAL: 4111111111111110,
SHAFER MN 55074-0128 536,093 SO FT
PAYABLE 2002 TAXES SCHOOL DISTRICT: 196 12.31 ACRES
NET TAX:
LOCATION: SW114 NE114 SECTION 14-115-19
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SPECIAL ASSESSMENTS: -111111111111e PAYABLE 2003 HOMESTEAD STATUS: NON HOMESTEAD
TOTAL TAX & SA;
WATERSHED DISTRICT: VERMILLION RIVER
PAYABLE 2003 ASMNT USAGE:RESIDENTIAL
INDUSTRIAL LAST OUALIFIED SALE:
DATE: AMOUNT:
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Copyright 2002, Dakota County - FT N 89D 57M 20S W 80.90 FT
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This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. OD 16M SOS E 451.40 FT TO N
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APRIL 6. 1999
Mineral Extraction Permit
2004 Conditions For Mineral Extraction Permit Renewal
SHAFER CONTRACTING COMPANY, INCORPORATED
A. Shafer Contracting Co., Inca (hereinafter "the Property Owner") signs a written
consent to these conditions binding itself and its successors, heirs or assigns to the
conditions of said permit.
B. ' That this permit is granted for the area designated as the eastern half of Phase 4 (6.5
acres) and Phase 3 (13 acres) on Exhibit A (drawing 5 of 7 dated April 6, 1999),
which is attached hereto as one of the exhibits.
C. That the term of the permit shall extend from January 1 2004 until December 31,
2004 unless revoked prior to that for failure to comply with the permit requirements.
A mining permit fee of $200.00shall be paid to the City of Rosemount.
D. That 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. That the final grading for the permit area shall be completed in accordance with the
grading plan labeled Exhibit B (drawing 7 of 7 dated April 6, 1999) which is
attached hereto, 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 Rich Valley Boulevard. 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 or the Minnesota
Department of Transportation if applicable or if any changes occur relative to the
mining process. The current location of the access driveway is indicated on the
Phasing Plan, Exhibit A. A stop sign shall be installed at the driveway entrance to
County Road 71, in accordance with standards on file with the City or County
Highway Department. Warning signs including "Trucks Hauling" shall be installed
at the Property Owner's expense as needed in accordance with Dakota County
requirements.
G. That 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
2004 Mining Permit
Shafer Contracting
2 of 5
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 City Administrator (or his designee) 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.
L 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.
J. 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 Administrator 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) for
any active phase in favor of the City for the cost of restoration, regrading and/or
revegetating land disturbed by mining activities and to ensure performance of all
requirements of this agreement and City ordinances by 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.
2004 Mining Permit
Shafer Contracting
3 of 5
(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 Administrator (or his designee) 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, 2004
until July 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.
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 anyone 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 March
24, 2004 until March 24, 2005.
O. That no processing or mixing of materials shall occur on the site, 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 snow, or
cyclone fencing or as approved by City staff. Construction of any ponding areas,
wash plants or other processing or equipment brought to the site shall require
additional City Council approval and notification of adjacent property owners.
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.
2004 Mining Permit
Shafer Contracting
4 of 5
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 Owner shall submit to the City semi- _
annually 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. Topsoil for
reclamation shall conform to specifications on file with the City. 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.
Z. There shall be no "haul -back" of materials from any other property or job site that
would be imported to the property for fill or other purposes other than incidental
concrete recycling as referred to in paragraphs O, V and W; and topsoil imported for
the purpose of re-establishing turf as accepted by the City.
2004 Mining Permit
Shafer Contracting
5 of 5
AA. Truck operators within the pit area shall not engage in practices involving slamming
tailgates, vibrating boxes, using of "j ake" or engine brakes (except in emergency
situations) or other such activities which result in excessive noise.
IN WITNESS WHEREOF, Shafer Contracting Company, Inca the
Property Owner, hereby consents and agrees to the foregoing conditions of said mining
permit this day of 2003.
Shafer Contracting Co., Inc.
By:
George Mattson, Its President
STATE OF MINNESOTA
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2003, by George Mattson, President of Shafer Contracting Company,
Inc., the Property Owner, on behalf of the Corporation.
Notary Public
PLANNING COMMISSION MEETING MINUTES
e NOVEMBER 25, 2003
PAGE S
g. Incorporation of recommendations of the City Engineer relative to access, circulation,
n�age, easements, grading, storm water management, traffic and utilities and
reecom�lr.+ tions of the Traffic Impact Study of November 12, 200
h. Execution of ment.
i. Preparation of an Environme$tx ssme s eet and incorporating resulting
recommendations into the preli a
j. Conformance with P evelopment Plan/Pre 1 at and Final Plat
requirements.
Second by Weise Ayes: Zurn, Napper, Weisensel, and Messner. Nays: None. ion
carried.
Public Hearing: Shafer Mineral Extraction Permit Renewal 2004
Assistant Planner Lindahl apprised the Commission of the annual request from Shafer.
Contracting Company for the renewal of a mineral extraction permit for the site located west of
CR 71 and north of CR 38. A revised version of the standards for the 2004 Conditions for
Mineral Extraction Permit Renewal, information from the applicant regarding the dust control
plan, the latest surety bond, a copy of their current insurance, and a narrative describing the
operations of the mineral extraction site for the last six months were distributed.
Mr. Lindahl stated the main revision to the standards were the location of the mineral extraction
area. The mineral extraction area will take place in phase 3 and the eastern half of phase 4.
Mr. Lindahl verified with the Rosemount Police Department that no complaints were noted for
this site.
Mr. Scott Spisak, of Shafer Contracting Company Inc., was present in the audience to answer
questions; and stated that the permit does not have any changes but reflects conditions that were
approved by City Council last year.
Chairperson Weisensel opened the public hearing. There were no comments.
MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Napper,
Weisensel, Messner, and Zurn. Motion carried.
MOTION by Weisensel to recommend that the City Council renew the Shafer Mineral
Extraction Permit for the period from January 1, 2004 to December 31, 2004, subject to the
attached conditions for 2004 and approval by the City Attorney. Second -by Zurn. Ayes:
Weisensel, Messner, Zum, and Napper. Nays: None. Motion carried.
Public Hearing. Pahl Property Concept Plan
Chairper Weisensel advised this item has been continued to the Januar�r,j� 2004 meeting but
would accep comments.
Chairperson Weisensel open' i
Mr. Weise ed that a series of letters have been forwarded to rding secretary to
b part of the public record. Letters had been noted as received from Ge . s dated
November 24, 2003, Mittlestaedt dated November 24, 2003, Anna Wachter dated Nove 21,