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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 5, 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: Correspondence, Reductions, Revised 2000 APPROVED BY: Conditions for Mineral Extraction; PC Minutes (6- 13 -00); three -ring binder 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 user 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. The Council did adopt an interim ordinance imposing a moratorium on new mining operations. While this action does not affect the Shafer application, it does effectively halt the Knutsen application process that was tabled on June 13. PLANNING COMMISSION PUBLIC HEARING Several residents attended and expressed concerns regarding traffic impacts and specific accidents. The Police Department investigated over twenty accidents that were reported in the Rich Valley Blvd. area to date and last year. No accidents could be connected to the mining operation. Correspondence from the Environmental Quality Board has been attached to verify the official status of the original Markham report prepared in 1975. RECOMMENDED ACTION: Motion to amend the 2000 mineral extraction permit for the Lance Johnson property to include the proposed mining operation & phasing plan and reclamation and end use plans as new exhibits. CITY COUNCIL ACTION: S490t 9ne. June 14, 2000 Via Fax & Mail Mr. Rick Pearson City of Rosemount 2875 145 Street West Rosemount, Minnesota 55068 -4997 Re: Lance Johnson Property Rich Valley Blvd. Dear Mr. Pearson: I am enclosing several items, for the record, that should be distributed to the planning commission and council in their packets: 1. A copy of the May 27, 1998 letter from the Environmental Quality Board stating that the 1975 Markham EA complies with Minnesota Rules and no further review is required. 2. A copy of an invoice for disposal of tires uncovered during our operations in May. 3. A copy of my May 19, 1999 letter to you which has copies of letters to neighborhood residents attached. Should you have any questions on these or other matters, please call me at 651- 257 -5019. Yours very truly, SHAFER CONTRACTING CO., INC. B Scott A. i SAS:js Enclosures cc: Dave Sellergren, Fredrikson & Byron An Equal Opportunity Employer a . r D ©1 35W Strut Towers 2500 Minnesota %bold Trade Center 1401 New York AvLnue, NAV. 2400 One Tibor Center 1LR RC; TMBLE 150 150 South Fifth Street Minneapolis, Minnesota 55402-4235 30 East Seventh Street Saint Paul, Minnesota 551014999 Suite 1100 Washington, D.C. 20005 12W Seventeenth Street Denver, Colorado 50202 -5521 j�= 7^� Telephone (612) 340 -5555 Telephone (612) 291 -9333 Telephone (202) 393 -2554 Tckjlhone (303) 572 -6200 D 1� FAX (612) 305554 FAX (612) 291 -9313 FAX (202) 393 -3131 FAX (303) 571.6203 PROFESSIONAL ASSOCIATION 340 -5571 - -- Attorneys at Law Writer's direct dial nurnbcr. Rcph' to \finnwixd� t jjia• Selled@drblaw.com May 29, 1998 Mr. George Mattson Mr. Scott Spisak Shafer Contracting Shafer Contracting Co. RECEHili= P.O. Box 128 Shafer, MI\T 55074 Job Job iFunc Cost Re: Lance Johnson Property — Rosemount Dear George and Scott: I enclose a copy of a letter from the Minnesota Environmental Quality Board confirming that environmental review has been completed for extractive processes on the property in which you are interested. Sincerely yours, ti-✓ David tellergr DCS /eka Enclosure cc: Dean Bussey (w /enclosure) Bruce Malkerson, Esq. (w /enclosure) t, L• MINNESOTA PLANNING ENVIRONMENTAL QUALITY BOARD Eft ANN May 27, 1998 Mr. Dave Sellergren Doherty, Rumble & Butler 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 RE: Markham Sand & Gravel, Rosemount Dear Mr. Sellergren: This letter s to confirm that the EQB, in 1975, reviewed the Environmental Assessment prepared fgor the Markham Sand and Gravel mining operation in an area of approximately 280 acres in Section 14, T115, R19, in the City of Rosemount. The Board made a determination that no EIS would be required for that project and issued a record of decision to that effect, pursuant to the rules of the EQB then in effect. Pursuant to Minnesotas Rules, part 4410.0300, subp. 2 and part 4410.4600, subp. 2, item E, no further environmental review will be required for gravel mining activities on the above- described project site which are consistent with the Environmental Assessment approved by the EQB in 1975. Please contact me at 296 -8253 if there are any further questions. Sincerely, f Gregg Downing Environmental review coordinator 658 cedar St. SL Paul, MN 55155 Telephone: 612 -296 -3985 Facsimile: 612 -296 -3698 TTY: 800.627 -3529 www.mnplan. state mn.us /A3-pfflL3/ ENWHOYMENTAL P.O. Box 7216 St. Paul, Minnesota 55107 (651) 224 -6329 FAX (651) 223 -5053 SHAFER CONTRACTING 30405 REGAL AVE SHAFER, MN 55074 INVOICE: 50698 DATE: 5/31/00 TRANSFER STATION 5/23/00 TICKET #30180 23 TIRES @ $5.00/EACH $ 115.00 1 LOADER TIRE @ $75.00/EACH $ 75.00 TOTAL: $ 190.00 Contracting (All Equal Opp"tuutty p ORIGINAL RECII WED job Func C408 g Y aY / �P r tLES v t-� Cc,vC -,i �c�t NS�cs� -1 (All Equal Opp"tuutty p ORIGINAL Via Fax and Mail May 19,1999 Mr. Rick Pearson City of Rosemount 2875 145` Street West Rosemount, MN 55068 -4997 Re: Mining Operation — Lance Johnson Property Dear Mr. Pearson: At the request of the Planning Commission at their May 11 meeting, I have initiated contact and discussion with the three Inver Grove Heights residents who attended the meeting. On Monday, May 17 t ', I left messages at the homes of Ms. Chris Plan and Ms. Marcia Mrozkinski. My second attempt to contact both on May 18`' was only partially successful. Each party, separately stated that they were busy with family activities and unable to setup a time to meet with me. It was left that each would call me when they could schedule a meeting time. I also contacted Mr. Bob Plan on May 17 and was able to schedule a meeting for Tuesday, May 18` I spent some time Tuesday morning listening to Mr. Plan's concerns and attempting to explain the details of our operations to him. He thanked me for taking the time to visit with him. I have attached copies of letters, to all three parties, that should be included in the Planning Commission packets. Thank you. Yours very truly, SHAFER CONTRACTING CO., INC. SAS js Scott A. Spisak An Equal Opportunity Employer S�u G�oNAeacusq Gin., %ne. Mr. Bob Plan 11889 Rich Valley Blvd. Inver Grove Heights, Minnesota 55077 May 19, 1999 Re: Mining Operations on Lance Johnson Property, Rosemount SHAFER, A 55074 Dear Mr. Plan: Thank you for taking the time to meet with me yesterday morning. I appreciate your concerns and want to assure you that we take very seriously our responsibility not only to comply with permits that are issued by any City, in this case the City of Rosemount, but also our responsibility to act as a good neighbor. We will always be available to you, at any time, to discuss any concerns that you may have about our operations. Please call me at (651)257 -5019. I want you to personally know that our company will be an excellent neighbor. We look forward to a good working relationship. Yours very truly, SHAFER CONTRACTING CO., INC. By: Scott A. Spisak SAS js M Equal Opportunity Employer May 19, 1999 Ms. Chris Plan 11815 Rich Valley Blvd. Inver Grove Heights, Minnesota 55077 Re: Mining Operations on Lance Johnson Property — Rosemount Dear Ms. Plan: As we discussed last evening, I understand that you are busy with family activities this week and are unable to meet with me about our proposed operations on the Lance Johnson property. Please call me when you have some time available so that we can schedule a, time to meet. I want to assure you that we take very seriously our responsibility not only to comply with pern its that are issued by any City, in this case the City of Rosemount, but also our responsibility to act as a good neighbor. We will always be available to you, at anytime, to discuss any concerns that you may have about our operations. Please call me at (651)257 -5019. I want you to personally know that our company will be an excellent neighbor. We look forward to a good working relationship. Yours very truly, SHAFER CONTRACTING CO., INC. By: Scott A. Spisak SAS js An Equal Opportunity Employer &. 0, #74c, 55074 May 19, 1999 Ms. Marcia Mrozinsk 11771 Rich Valley Blvd. Inver Grove Heights, Minnesota 55077 Re: Mining Operations on Lance Johnson Property — Rosemount Dear Ms. Mrozinski: As we discussed last evening, I understand that you are busy with family activities this week and are unable to meet with me about our proposed operations on the Lance Johnson property. Please call me when you have some time available so that we can schedule a time to meet. I want to assure you that we take very seriously our responsibility not only to comply with permits that are issued by any City, in this case the City of Rosemount, but also our responsibility to act as a good neighbor. We will always be available to you, at anytime, to discuss any concerns that you may have about our operations. Please call me at (651)257 -5019. I want you to personally know that our company will be an excellent neighbor. We look forward to a good working relationship. Yours very truly, SHAFER CONTRACTING CO., INC. By: Scott A. Spisak SAS js M Equal Opportunity Employer FREDRIKSON & BYRON, P.A. Attorneys and Advuors May 24, 2000 City Council and Planning Commission City of Rosemount 2875 145 Street West Rosemount, MN 55068 -4997 Minneapolis 1100 International Centre London 900 Second Avenue South Minneapolis, MN 55402 -3397 llliatedces: (612) 347 -7000 Mexico City FAX (612) 347 -7077 Warsaw www.fredlaw.com Direct Dial No. (612) 347 -7136 dsellergren @fredlaw.com Re: Shafer Contracting Co., Inc. Amended Mineral Extraction Permit Dear Mayor Busho, Council Members and Members of the Planning Commission: On behalf of Shafer Contracting Co., Inc. (Shafer Contracting), we enclose a completed Mineral Extraction Permit application, a phasing and mining plan, and a $215.00 application fee. Shafer Contracting and Lance J. Johnson previously were issued a mineral extraction permit for the year 2000. However, the previous mineral extraction permit was issued based upon a phasing and mining plan which differs from the enclosed proposed phasing and mining plan. The enclosed mining and phasing plan is substantially the same as that included with the 1999 request for zoning change and conditional use permit. The City Council never acted on it in 1999 because the City Council denied the request for zoning change and conditional use permit. It is now being submitted for your review as a result of discussions with the City's litigation counsel. Shafer Contracting believes that the mining and phasing plan is the best way to mine and rehabilitate the property. As such, Shafer Contracting seeks a renewed mineral extraction permit (amending its existing 2000 permit) based upon the enclosed phasing and mining plan. Shafer requests that this matter be placed on the Planning Commission agenda for the first possible June meeting, and then that it be placed on the agenda for the City Council meeting which immediately follows that Planning Commission meeting. City Council and Planning Commission May 24, 2000 FREDRIKSON & BYRON, P.A. Page 2 Attorneys and Advisors Shafer looks forward to working with the City of Rosemount over the next several weeks to obtain the amended mineral extraction permit based upon its phasing and mining plan for the property. Sincerely yours, C 'J David C. Sellergren DCS /eka Enclosures cc: George Mattson Clifford M. Greene Lance J. Johnson Rick Snyder ::ODMA\PCDOCS\FBDOCS 1\2386014 \1 \\ 970 ' 990 990980 1 ` 960930 990 950 930 930 940 930920 1 920 gm 900 h B 11 980 � 1�� � � � _ A ' � � ` � •��� _ _ +• �` �i i ����1 ,�lj ( �_� }�� ��'i ��•. +\ �- iii,.. i � 1 � 1 � ��'•` �, Ir � \\ \' � i`'��) (- _ �.� 910 910 970 960 930 W 950 990 930 gap 940 - 930 9ZO no PROPOSED MINING OPERATION AND PHASING PLAN PROPOSSDARSAFORTRSSPLANTMS m Yl6mrllo�iowatOY PHASE$ 1. 2. AND 3 1 @10 �„ 1'ROPO�IBCYCLII40AR8A lI ANY�1888611186SWELDS TRANSPLANTED OeMrdWDL APAK K LYrlmY�rtlad�idd PROPOSED 1OTHE RSQ .A)1� SAVANNAH AREA NHOWNON Mmosbd+KMdLxtf90 ® PR bIDUNGARSA RSQAMAT10l4ANDENDUSBPLAN- OTHERS PHASE 4: 4¢ 15 ACRES NANALi81�1TP014D WSLAS16AS4POR8(RSSNS4O *won b wdYrwdftmrysdddkmdm PHASE 5 +h 15 ACRES ASPERBRO?DRSION /� 10031II4QO�Tt OiYrosa4�Iririir 3Ymahft=W e PHASE 6: H- 15ACRES PHASE 7. +1 - 11 ACM \� ww�YrPolribBdolVYrSyy ,Yama�trwrl� WDUNGSB28AQ Y�b8Y4kp�ISO1Y84iroglwr 1l11 • Qpd�t!l1 41911. t /JR 1939. D94.199; 191R!!)I,1938b1�YY Oovlp Md/iY�wL lilddiYDrYI��Myii{ apa8sd,rf�dr4Ygmalrbq�sYirgl9ti rw�k � aA�4 YowrBl+o� W 4 ��s •rb � Ye�e..d.�r�.rswY+.m ■arYa..r Mining Operation and M mEw Coaftsoft fir. Inc n P ,: 5 «�, PwPo Mpg Phasing Plan LRnce J ohnson Property - RD64�oDat� MN P 014""9 PIE 661,237 3Tlt � P 0 !A Ph®x 691,721- Wl Aw 691- 297.6817 ABL41M C ��f E o, = I t� � a t i ig I rah 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. 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 and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Property Owner. 2000 Mining Permit Lance J. Johnson Page 2 of 4 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 anyone 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. 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 COUNTY OF DAKOTA ) . 2000 Mining Permit Lance J. Johnson Page 5 of 4 The foregoing instrument was acknowledged before me this day of December, 1999, by Lance J. Johnson, the Property Owner. Notary Public ROSEMOU NT Everything's Coming Up Rosemount!! CITY HALL 2875 —145th Street West Rosemount, MN 55068 -4997 Phone: 651 - 4234411 Hearing Impaired 651- 423 -6219 Fax: 651- 423 -5203 Councilmember Klassen swore in newly appointed Commissioner Myron Napper to the awning Commission. Purs t to due call and notice thereof, the Regular Meeting of the Planning Co ssion was du held on Tuesday, June 13, 2000. Chairperson Bill Droste called the eeting to order at •30 p.m. with members Myron Napper and Kim Shoe - Corrigan sent. Commissi er Jeffery Weisensel was absent. Also in attendance were ty Planner Rick Pearson and ouncilmember Sheila Klassen. There were no a lions or corrections to the agXALPI MOTION by Droste approve the May 23, 20ning Commission Meeting Minutes. Seco ed by Shoe- Corrigan. and Shoe - Corrigan. P resent: Napper. Motion c ed. Discussion There was discussion concerning th ap intment of a Vice - Chairperson for the Planning Commission. Mr. Pearson respond o questions in reference to packet information on the 60 -day Rule. Chairperson Droste recessedAe meeting for 1'S.lninutes at 6:45 p.m. Councihnember Klass addressed the Planning Co 'ssion concerning the scheduled public hearings. Be use of the pending litigation with afer, Klassen indicated there was concern the ticipated settlement could be affected b ction on the permit amendment. Ve e commended the public hearing be opened, osed, and then tabled. :ilz6mber Klassen further explained the city has retained a con ltant to perform on mining activity. Until this study is completed, the City Couni6u will be ing a moratorium on new mines. Therefore, the new mineral extrac permit' ,ted by Richard Knutsen, Inc. should be tabled. Public Hearing: Shafer Contracting Co. & Lance Johnson Mineral Extraction Permit Amendment Chairperson Droste opened the public hearing on the application by Shafer Contracting Co. & Lance Johnson for amendment of a Mineral Extraction Permit. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Planning Commission Regular Meeting Minutes June 13, 2000 Planning Commission Regular Meeting Minutes June 13, 2000 Page 2 Mr. Pearson summarized Shafer's application to amend the existing mineral extraction permit to expand the scope of the mining operation from the original 35 acres to the entire 93 acres owned by Lance Johnson. The new phasing plan and grading plan were reviewed The plans take into account the city's long -term plans for drainage. Mr. Pearson explained the diminishing asset doctrine, which is the basis of Shafer's lawsuit against the city. The diminishing asset doctrine allows an owner /operator to mine the entire extent of the property. Shafer is seeking approval by the city of the phasing plan for the extent of the mining operation. The city is unwilling to approve the plan for the entire. 93 acre site because the applicable state law or case law could change. However, it is prepared to approve the plan on a year -to -year basis. Chairperson Droste opened the floor to the applicant. Scott Spisak, George Matson, and Dave Sellergren were present on behalf of Shafer Contracting Co. Mr. Spisak listed several professionals and studies that contributed to development of the mining plan- Mr. Sellergren explained the mining and phasing plan were included with Shafer's prior application for a zoning change and conditional use permit, which was later denied by the City Council. Shafer desires to change the non - conforming use status to allow long -term planning Mr. Spisak summarized specifics of the plan, including phasing and reclamation plans, access, stormwater ponding, tree replacement, and berming. Shafer is not changing the scope of operation, namely, 15 -19Y2 acre phases. Chairperson Droste opened the public hearing. Charlie Koehnen, 12255 Rich Valley Blvd., inquired about tires, medical wastes, and concrete dumped on the property. He requested a new environmental impact study an d that a mined area be cleaned up before expanding operations. He further requested that "truck hauling" signs be installed. Bob Plan, 11889 Rich Valley Blvd., inquired about materials hauled in and assessments for the cost of maintenance and repair to Rich Valley Blvd. He is concerned about truck noise, safety, and groundwater pollution. He complained about the smell from surrounding businesses and requested a new environmental study. Marsha Mrozinski 11771 Rich Valley Blvd:, expressed concern about pollution, groundwater contamination, hours of operation, traffic volume and speed Mr. Spisak responded to resident concerns. The tires and medical supplies were dumped } by trespassers and were properly cleaned up. He previously responded to resident complaints about rental truck drivers and those drivers are no longer hauling materials at this site. Shafer has taken safety precautions and will continue to do so. A full -time Planning Commission ' Regular Meeting Minutes June 13, 2000 Page 3 safety director is on staff. Broken concrete is hauled back to the site, crushed in one easily identified area of the pit, and then reused. Mr. Pearson addressed questions concerning assessments for repairs to Rich Valley Blvd. He will verify whether any complaints have been filed with law enforcement officials and whether the existing environmental study is still valid. Chairperson Droste suggested the city set up a system for residents to file complaints on mining operations. In response to additional resident concerns, Mr. Spisak indicated there are no plans for parking trucks on site and he is not aware of any contaminated concrete hauled back to the site. Any contaminated materials are identified by MnDOT and the airport. MOTION by Droste to close the public hearing. Seconded by Napper. Ayes: Droste, Shoe - Corrigan, and Napper. Nays: 0. Motion carried. MOTION by Droste to table action on amendment of the 2000 mineral extraction permit for the Lance Johnson property until the June 27, 2000 Planning Commission meeting. Seconded by Shoe- Corrigan. Ayes: Shoe - Corrigan, Napper, and Droste. Nays: 0. Motion carried. C on Droste opened the public hearing on the application by Richard utsen, Inc. and Jo %eese for a Mineral Extraction Permit. The recording secre has placed the Affidavit blication and Affidavit of Mailing and Posting of blic Hearing Notice on file a City. Mr. Pearson presented the lication by Richard Knutse , c. and John Reese to mine property located adjacent to th annex pit. Mr. P n reviewed the 4 -phase plan, consisting of approximately 60 acr along wi a grading plan. Except for side yard setbacks, the plans meet city stan dards, earson suggested adding to the permit conditions that no haul back is allowed, c t as approved by the City Council Mr. Pearson indicated the city a ed into a con ac th a consultant to perform a study on mining extraction. The c' hopes to get an assessme of where resources are located, end use plans and is restored consistently, and in ation on how mining operations affect r elopment. This study is expected to take months. A moratorium is a ected to be adopted by the City Council at its next eting. Chairp5argion Droste opened the floor to the applicant. Reuben Mausolf was pr t on be of Richard Knutsen, Inc. to answer questions. Chairperson Droste opened the floor to the public. � Planning Commission Regular Meeting Minutes June 27, 2000 uant to due call and notice thereof, the Regular Meeting of the Planning Commission was ly held on Tuesday, June 27, 2000. Chairperson Bill Droste calleghe meeting to order a :30 p.m. with members Myron Mapper, Kim Shoe - Corrig d Jeffery Weisensel esent. Also in attendance were City Planner Rick P on and Councilmemb Sheila Klassen. The first order of bus was to elect the PI ommission Vice - Chairperson. MOTION by Weisensel ominate himse Vice- Chairperson. Seconded by Shoe - Corrigan. Motion carried un ' ously. MOTION by Droste to approv a 13, 2000 Regular Planning Commission Meeting Minutes. Second y Weisense Ayes: Napper, Droste, Shoe - Corrigan and Weisensel. Nays: 0. ti on carried. pfiber Klassen explained that action on the appftektion by Shafer Contracting to mineral extraction permit would not affect the pen litigation. The an on new mining permits adopted by the City Council a lies to the Richard Inc. application. Old Business: Lance Johnson & Shafer Contracting Mineral Extraction Permit This matter was before the Planning Commission on June 13, 2000 for a public hearing. The public hearing was closed and action on amendment of the 2000 mineral extraction permit was tabled. Mr. Pearson responded to issues raised at the public hearing. A representative of the Environmental Quality Board advised Mr. Pearson that no further environment review is warranted for the Shafer mining operation. Mr. Pearson provided details on the threshold that would require a new assessment. Mr. Pearson also responded to accident concerns raised by residents. For the period 4/1/99 to the present, the Police Department recorded a total of 21 accidents on Rich Valley Blvd., 16 in the area of the mine. There were no accidents involving trucks associated with the mine. Deer caused 9 of the accidents. Planning Commission Regular Meeting Minutes June 27, 2000 Page 2 DRAFT Mr. Pearson explained that conditions can be added to the permit concerning the installation of stop signs and haulback. Prohibition of haulback would not include topsoil brought in for restoration. The activity of crushing concrete is not considered haulback, but recycling. Chairperson Droste opened the floor to the applicant Scott Spisak responded to concerns. A stop sign has been installed at the exit of the driveway, along with a sign instructing drivers that compression brakes are prohibited between the site and Hwy. 3 and Hwy. 52. Portable "truck hauling" signs are used on a regular basis. Mr. Spisak obtained permission from Koch to trim the underbrush to increase site visibility. Shafer has a verbal agreement with Koch to install a gate at the end of the driveway if the permit is approved and property purchased. Chairperson Droste noted a conflict with paragraph O of the permit conditions with the concrete crushing done by Shafer. Mr. Pearson explained that the crushing and recycling of concrete is a common practice in mining and is expected on a small scale. If it became a much larger operation, approval would be required. Chairperson Droste requested the conditions be amended to clarify the allowance of the concrete recycling activity. Discussions continued concerning permit conditions, including restoration, slopes, stockpiled materials, dust control, and ponding. Commissioner Shoe - Corrigan expressed her support for the mining operation, noting the long -term restoration plan and commitment of the operator. MOTION by Shoe- Corrigan to recommend that the City Council amend the 2000 mineral extraction permit for the Lance Johnson property to include the proposed mining operation and phasing plan and reclamation and end use plans as new exhibits, to amend paragraph 0 of the permit conditions clarifying the allowance of concrete crushing and recycling on a small scale, and adding language prohibiting haulback, except for the purpose of soil reclamation. Seconded by Droste. Ayes: Droste, Shoe - Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. This matterr!Va, before the Plannin 'ssion on June 13, 2000 for a public hearing. The public hearing los action on the new mineral extraction permit was tabled. Mr. Pe n summarized the moratorium on ne n ' 'ng permits adopted by the City cil on June 20. The moratorium halts new mining pe for up to 18 months. The mining study is expected to be completed in 3 -6 months. �`�-�