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HomeMy WebLinkAbout6.k. Mineral Extraction Permit Renewal: Danner Inc.CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Citv Council Meeting Date: ADri14. 2000 AGENDA ITEM: Mineral Extraction Permit Renewal: Danner Inc. AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner AGEND '06A ATTACHMENTS: Plan Reductions, Draft Conditions of APPROVED BY: Operation for 2000 Applicant & Property Owner: Marlon Danner Location: 1.25 mi. East of STH 52 / 56 and 1/4 mi. South of CSAH 42. Area in Acres: 75 (total) Comp. Guide Plan Desig: Agriculture Current Zoning: Agriculture Planning Commission Action: Recommendation to approve renewal (4 -0) SUMMARY Mr. Danner has requested the renewal of his mineral extraction permit for 2000. Last year, approximately 55,000 cubic yards of granular material was extracted. Expectations for the 2000 season are 77,000 cubic yards. No changes are proposed for the current mineral extraction permit. No complaints were received in 1999 as a result of mineral extraction related activities on this property. PLANNING COMMISSION PUBLIC HEARING No one appeared to comment at the public hearing other than Jerry representing Danner's. Planning Commissioners requested an estimate of the anticipated life span of the mining. Jerry indicated that it would likely continue through 2006 or 2007. The operation is about two years behind schedule based on the consumption of materials. The difficulty of estimating the duration of the pit results from the uncertainty of the available work and state of the economy in general. RECOMMENDED ACTION: Motion to approve the renewal of the mineral extraction permit for Danner, Inc., subject to the attached draft conditions of operation for 2000. CITY COUNCIL ACTION: f it l I I fill If \ ` 1 "- /./ / � \� ' - ! // � ��•:�SC = %f"_, 1 \ 1 111 ` / 1 ! ' / / /� / / / / //i j jai �--- �, •�� � If _ SS'6f 1 ` �tUN- �VW_dV H f2KQ yl — - -2Y - . Mineral Extraction Permit 2000 Conditions For Mineral Extraction Permit Renewal DANNER, INC. A. Danner Inc., hereinafter referred to as the "Property Owner" and hereinafter sign a written consent to these conditions binding itself and its successors or assigns to the conditions of said permit. B. That this permit is granted for the area designated as 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 Iabeled 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 County State Aid Highway 42. 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 if any changes occur relative to the mining process. 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. 1 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 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) or active phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities in the event of default from this agreement 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 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. 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 April 4, 2000 until July 30, 2001. O. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction debris, manure, asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited. 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 semiannually 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. 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. 3 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. That Danner, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit. IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this day of , 2000. DANNER, INC. BY: Property Owner STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2000, by , on behalf of Danner, Inc., Property Owner. Notary Public 4 ROSEMOUNT Everything's Coming Up Rosemount!! CITY HALL 2875 — 145th Street West Rosemount, MN 55068 -4997 Phone: 651 -423 -4411 Hearing Impaired 651 - 423 -6219 Fax: 651- 423 -5203 AFFIDAVIT OF POSTED and PUBLISHED HEARING NOTICE For Adoption of Business Subsidy Policy Under MS Sections 116J.993 to 116J.995 STATE OF MINNESOTA) COUNTY OF DAKOTA ) § CITY OF ROSEMOUNT ) I, Linda J. Jentink, being duly sworn, deposes and says: I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On March 22, 2000, I posted at Rosemount City Hall, 2875 145 Street West, a copy of the attached Notice of Public Hearing to consider the Adoption of Business Subsidy Policy Under MS Sections 116J.993 to 116J.995 by the City Council of the City of Rosemount. Dated this 4th day of April, 2000. Linda J. Jentin , ty Clerk City of Rosemount Dakota County, Minnesota r , CITY OF RO S EM O U NT 2875 — C 145th HALL t West Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone: 651- 423 -4411 Hearing Impaired 651 - 423 -6219 Fax: 651- 423 -5203 Public Hearing Notice Adoption of Business Subsidy Policy Under MS Sections116J.993 to 116J.995 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing to consider the item listed below on Tuesday, April 4, 2000, in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 8:00 o'clock p.m., or as soon thereafter as possible. The purpose of the public hearing is to receive public comment regarding the adoption of criteria for business subsidies under Minnesota Statutes, Sections 1161993 to 116J.995. A copy of the proposed business subsidy policy is available for inspection at City Hall during regular business hours. Persons wishing to speak on this issue are invited to attend and be heard at this scheduled public hearing. Written comments will also be accepted prior to the meeting date. Dated this 22 day of March, 2000. Linda Jentink, Ci Clerk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available - Please contact the City Clerk at 651 -322 -2003 or use the hearing impaired no. 651 -322 -6219 (TDD number) no later than March 28, 2000 to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc. I t The Rosemount Town Pages AFFIDAVIT OF PUBLICATION Chad Richardson, being duly sworn, on oath says that he is an authorized orsusfitesaob y i Under MS SecllonsrI6J.993 so G agent and employee of the publisher of the newspaper, known as The Rosemount Town Pages, and has full knowledge of the facts which are Torm- Mrr»u►Y '0 stated below: 'xartCt rs >�air ctv>xv, ja " Cnybf Rosanount Will hold a publi,+ ni (A) The newspaper has complied with all of the requirements constituting = ate item 'tistcd below on"ru away, :npnl q ualification as a l newspaper, as p rovided b Minnesota Statutes cnnoe7 Csdrnbas or the city )tall, =ants; q g P Y t bel nning u 8: 00 o clock P i° tt 331A.02, 331A.07 d other applicable laws, as amended. b: (B) The printed L The pn of the public eari is to n cortanent regarding prc ,adoption, of Crrtai !� r e mbsidies under Minnesota Statnt. , S Y , t t6l, pp995. 4- op�:of the proposed businesq'at is aiiaitabie for inspection at City.: Hall' du 6rni� hours which is attached, was cut from the columns of said newspaper, and was printed and published once each week for 0(\Q successive ks; it was first published on Friday, the day of 2000 and was thereafter printed and published on every Friday, to and including Friday, the_ _ - - - - -. _ - -• — day of 2000; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: ulx:cdl'ghijAluuugxlcituvwxyr. By: Subscri ands o to before me on this C)+Q _ day of , 2000. Notary ublic AFFIDAVIT DAWN M SMITH NOTARY PUBLIC- MINNESOTA My Commission Expires Jan. 81, 2005 Panels Wishing o g speak on this issue arc to -teal be heard at this scheduled public li,", al eaiii7iaits vein so he ^ n accepted priortodie Dated this 22+ day of March, 2000. , � ,''+ t lode Jaitimk City Cleik 1° C8y of Rosemount Dalutm County Minnesota ; U� pk ry aids and service are amiMble - pl, dr y Clerk at 651- 322-2003 or ins the heoj no 1 -3 ?5 -6 (TDD number) no layer ahoy = to -rare a mesa._ t r lei p of aaxi( servioa may include: $ign language;lnteipren lenin8 accessible meeting locatr`gn, etcgs .3/ ?4s"