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:
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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.
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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.
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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
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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.
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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.
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(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
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