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HomeMy WebLinkAbout7.a. Mineral Extraction Permit Amendment, Lance Johnson & Shafer Contracting Co.CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: July 18, 2000 AGENDA ITEM: Mineral Extraction Permit Amendment: Lance AGENDA SECTION: Johnson (owner) & Shafer Contracting Co. 'Old Business PREPARED BY: Rick Pearson, City Planner AGENDA - 7 ATTACHMENTS: Draft Resolution, Revised 2000 Conditions for APPROVED BY: Mineral Extraction; Blank application/permit form, Reductions V- Applicant: Shafer Contracting, Co. Location: 1.25 miles north of County Road 38 (135th Street West) and 1/4 mile west of County Road 71 (Rich Valley Blvd.) Property Owner(s): Lance Johnson Area in Acres: _ 93 acres (approximate) Proposed use: Long Term Mineral Extraction subject to permit conditions. Comp. Guide Plan Desig: Agriculture Current Zoning: Agriculture Planning Comm. Action: Recommendation of Approval with conditions (4 -0) - SUMMARY Shafer Contracting Co. has applied for an amendment to the mineral extraction permit for the Lance Johnson property which has already been approved/renewed for the 2000 season. The reason for the request is to base the permit on a new proposed mining and operation phasing plan; and reclamation and end use plan. Ultimately, the effect of the amendment will be to expand the scope of the mining operations from the original 35 acres to include the entire 93 acres owned by Mr. Johnson. The immediate intent of the application is to substitute new exhibits for the phasing and reclamation plans. Staff has added a specific condition to the 2000 permit that will prohibit "haulback" of materials from off -site, and clarified paragraph "O" which concerns recycling of concrete. In response to Council direction, the City Attorney has prepared a resolution intended to put the exhibits and future approvals of the permit in the appropriate perspective. New language has been added to the permit conditions as well. The changes focus on the pit area and are underlined for ease of review. Staff is concerned about prohibiting the use of 'Jake" or engine brakes on the County highway if they are legal equipment and needed to avoid an accident. In addition, a permit form will be assembled based upon the "For Office Use Only" portion of the current Mineral Extraction Permit (Application) form. It will include a specific reference to the permitted location of mining activity relative to the annual approval or renewal process. RECOMMENDED ACTION: Motion to adopt a resolution concerning the 2000 mineral extraction permit for the Lance Johnson property. CITY COUNCIL ACTION: _ STATE OF MINNESOTA DRAFT COUNTY OF DAKOTA CITY OF ROSEMOUNT RESOLUTION NO. RESOLUTION APPROVING AMENDMENT TO MINERAL EXTRACTION PERMIT FOR LANCE JOHNSON AND SHAFER CONTRACTING COMPANY WHEREAS, Shafer Contracting Company and Lance Johnson have previously applied for and received a mineral extraction permit for the year 2000 for property located approximately 1.25 miles north of County Road 38 and .25 miles west of County Road 71, which property is owned by Lance Johnson (hereinafter referred to as the "Subject Property"); and WHEREAS, Shafer Contracting Company and Lance Johnson (hereinafter collectively referred to as the "Applicant') have applied for an amendment to the existing permit, which application includes a document entitled MINERAL EXTRACTION PLAN FOR LANCE J. JOHNSON PROPERTY, ROSEMOUNT, MN, BY SHAFER CONTRACTING COMPANY, INC. dated May 29, 2000 (hereinafter referred to as the "Application"); and WHEREAS, the Application refers to the mining of the entire 93 acres of the Subject Property; and WHEREAS, the current license applies only to Phase 3 of the mining plan for the Subject Property as described in the permit; and WHEREAS, the amendment proposed by Applicant has a minor impact on that part of the mining of the Subject Property represented by the permitted Phase 3 mining; and WHEREAS, the City has no objection to the changes reflected in the plan as they pertain to mineral extraction from the Phase _3_ property; and WHEREAS, mineral extraction on the Subject Property is not permitted under the City's zoning ordinances, but exists as a non - conforming use; and WHEREAS, Applicant has attempted by various means, including petition to amend the City's zoning code and litigation, to secure from the City the commitment or assurance that mining would be permitted on the entire 93 acre site for the indefinite future; and WHEREAS, the City has declined to make such commitments or assurances; and WHEREAS, the City wishes to approve that part of the plan affecting mineral extraction from the Phase 3 area as permitted in the existing permit for the year 2000, but not to provide any other assurances or commitments; NOW, THEREFORE, Be It Resolved by the City Council of the City of Rosemount, Minnesota, that: CLLr1830600 RS220 -69 1. The amendment of the Applicant's 2000 mineral extraction permit is approved insofar, and only insofar, as it relates to mineral extraction of the area identified as Phase 3 of the plan. 2. This approval is not, and should not be understood to be, and should not be relied upon as, an approval of any other part of Applicant's plans or the Application, or as an indication, assurance, or commitment that any permit applied for in the future will be granted. Adopted by the City Council of the City of Rosemount, Minnesota, the day of , 2000. Cathy Busho, Mayor Attest: Linda Jentink, City Clerk CUA830WO RS220 -69 Mineral Extraction Permit 2000 Conditions For Mineral Extraction Permit Renewal LANCE J. JOHNSON A. That Lance J. Johnson ( hereinafter "the Property Owner ") signs a written consent to these conditions binding himself and his successors, heirs or assigns to the conditions of said permit. B. That this permit is granted for the area designated as Phase 3 on Exhibit A which is attached hereto as one of the exhibits. C. That the term of the permit shall extend from January 1, 2000 until December 31, 2000 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. 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 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 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 Countghway Department. Warning signs including "Trucks Hauling" shall be installed at the Operator'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 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. I. 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 2000 Mining Permit Lance J. Johnson Page 2 of 4 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 Public Works Director 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. (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 January 1, 2000 until July 30, 2001. 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. 2000 Mining Permit Lance J. Johnson Page 3 of 4 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 March 24, 1999 until March 24, 2001. 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. 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 2000 Mining Permit Lance J. Johnson Page 4 of 4 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. AA. Truck operators within the nit area shall not engage in practices involving slamming tailgates, vibrating boxes, using of "fake" or engine brakes (except in emergency situations) or other such activities which result in excessive noise IN WITNESS WHEREOF, Lance J. Johnson, the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit and has hereunto set his hand this day of , 1999. LANCE J. JOHNSON STATE OF MINNESOTA ) )Ss 2000 Mining Permit Lance J. Johnson Page 5 of 4 COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of December, 1999, by Lance J. Johnson, the Property Owner. Notary Public -FOR OFFICE USE ONLY- Application Received By: Date: Mineral Extraction Permit/Renewal Fee: Date Receipted: [$215.00] Surety Bond Amount 00 /acre Expiration Date: _ __.. Required Attachments RECEIVED __ DATE Phasing Plan Site Reclamation and Rehabilitation Plan Names & addresses of adjacent landowners within 250 feet of extraction site. Map showing physical relationship of excavation site to the community and existing community development. Site analysis information (trees, depth of topsoil, adjacent on -site structures and land uses, flood levels, watercourses and elevation and percent slope within 100 feet beyond site perimeter. Dept of watertables throughout excavation site. Plan of Operation Drainage, Wind and Water Erosion Control Plan Yhis application must be accompanied by a list of names and addresses of property owners within a 350 foot radius of the subject property, or, if application pertains to property located in Agricultural (AG), Agricultural Preserve (AP), or Rural Residential (RR) District, the application must be accompanied by a list of names and addresses of property owners within one-fourth (114) mile. Also to be included are two sets of address labels of the property owners. These must accompany the application at the time of submittal. Planning Commission Action: Date: Council Action: Dater Conditions, if approved: Authorization for Permit Issuance: City Clerk Date F AS rd fig( � � � �� i �� � �<<1 i. zz ter Sri I IN t % 4 , a. STATE OF MINNESOTA DRAFT COUNTY OF DAKOTA CITY OF ROSEMOUNT RESOLUTION NO. RESOLUTION APPROVING AMENDMENT TO MINERAL EXTRACTION PERMIT FOR LANCE JOHNSON AND SHAFER CONTRACTING COMPANY WHEREAS, Shafer Contracting Company and Lance Johnson have previously applied for and received a mineral extraction permit for the year 2000 for property located approximately 1.25 miles north of County Road 38 and .25 miles west of County Road 71, which property is owned by Lance Johnson (hereinafter referred to as the "Subject Property); and WHEREAS, Shafer Contracting Company and Lance Johnson (hereinafter collectively referred to as the "Applicant) have applied for an amendment to the existing permit, _which application includes a document entitled MINERAL EXTRACTION PLAN FOR LANCE J. JOHNSON PROPERTY, ROSEMOUNT, MN, BY SHAFER CONTRACTING .- COMPANY, INC. dated May 29, 2000 (hereinafter referred to as the "Application'); and WHEREAS, the Application refers to the mining of the entire 93 acres of the Subject Property; and WHEREAS, the current=S only to Phase 3 of the mining plan for the Subject Property as described in the permit; and WHEREAS, the amendment proposed by Applicant has a minor impact on that part of the mining of the Subject Property represented by the permitted Phase 3 mining; and WHEREAS, the City has no objection to the changes reflected in the plan as they pertain to mineral extraction from the Phase 3 property; and WHEREAS, mineral extraction on the Subject Property is not permitted under the City's zoning ordinances, but exists as a non - conforming use; and WHEREAS, Applicant has attempted by various means,- including petition to amend the City's zoning code and litigation, to secure from the City the commitment or assurance that mining would be permitted on the entire 93 acre site for the indefinite future; and WHEREAS, the City has declined to make such commitments or assurances; and WHEREAS, the City wishes to approve that part of the plan affecting mineral extraction from the Phase 3 area as permitted in the existing permit for the year 2000, but not to provide any other assurances or commitments; NOW, THEREFORE, Be It Resolved by the City Council of the City of Rosemount, Mmesota, that- CM- 18390WI RSMO -b9 1. The amendment of the Applicant's 2000 mineral eon 't tA�- insofar, and only insofar, as it of a mineral P� Ais%rWroved plan. relates of the area identified as Phase 3 of the 2. This approval is not and should not be understood to be, and should not be relied upon as, an approval of any other part of Applicant's plans or the Application, or as' an indication, assurance, or commitment that any permit applied for in the future will be granted - Adopted by the City Council of the City of Rosemount, Minnesota, the day of 2000. Cathy Busho, Mayor Attest: C[t•nai R CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2000 - A RESOLUTION APPROVING AN AMENDMENT TO THE MINERAL EXTRACTION PERMIT FOR LANCE JOHNSON AND SHAFER CONTRACTING COMPANY WHEREAS, Shafer Contracting Company and Lance Johnson have previously applied for and received a mineral extraction permit for the year 2000 for property located approximately 1.25 miles north of County Road 38 and .25 miles west of County Road 71, which property is owned by Lance Johnson (hereinafter referred to as the "Subject Property"); and WHEREAS, Shafer Contracting Company and Lance Johnson (hereinafter collectively referred to as the "Applicant') have applied for an amendment to the existing permit, which application includes a document entitled, MINERAL EXTRACTION PLAN FOR LANCE J. JOHNSON PROPERTY, ROSEMOUNT, MN, BY SHAFER CONTRACTING COMPANY, INC. dated May 29, 2000 (hereinafter referred to as the "Application"); and WHEREAS, the Application refers to the mining of the entire 93 acres of the Subject Property; and WHEREAS, the current permit, for the calendar year 2000, applies only to Phase 3 of the mining plan for the Subject Property as described in the permit; and WHEREAS, the amendment proposed by Applicant has a minor impact on that part of the mining of the Subject Property represented by the permitted Phase 3 mining; and WHEREAS, the City has no objection to the changes reflected in the plan as they pertain to mineral extraction from the Phase 3 property; and WHEREAS, mineral extraction on the Subject Property is not permitted under the City's zoning ordinances, but exists as a non - conforming use; and WHEREAS, Applicant has attempted by various means, including petition to amend the City's zoning code and litigation, to secure from the City the commitment or assurance that mining would be permitted on the entire 93 acre site for the indefinite future; and WHEREAS, the City has declined to make such commitments or assurances; and WHEREAS, the City wishes to approve that part of the plan affecting mineral extraction from the Phase 3 area as permitted in the existing permit for the year 2000, but not to provide any other assurances or commitments; r RESOLUTION 2000 - NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, Minnesota, that: 1. The amendment of the Applicant's mineral extraction permit for the calendar year 2000 is approved insofar, and only insofar, as it relates to mineral extraction of the area, approximately 13 acres in size, identified as Phase 3 of the plan. F' 2. This approval is not, and should not be understood to be, and should not be relied upon as, an approval of any other part of Applicant's plans or the Application, or as an indication, assurance, or commitment that any permit applied for in the future will be granted. ADOPTED this 18th day of July, 2000 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Second by: Voted in favor: Voted against: Member absent: 2