HomeMy WebLinkAbout7.b. Lance Johnson Mineral Extraction Permit Renewal fo 1999 CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: February 2, 1999
AGENDA ITEM: Lance Johnson Mineral Extraction Pernut AGENDA SECTION:
Renewal for 1999 Old Business
PREPARED BY: Dan Rogness, Community Development Dir. AGENDA�� � �
ATTACHMENTS: Draft Resolution, Phasing map,PC Minutes APPROVED BY:
(11-24-98); Conespondence,Draft 1999
Conditions of Operation
Applicant &Property Owner: Lance Johnson
Location: 1/4 mile west of Rich Valley Blvd, 11/4 mile north of County Road 38
(135th Street).
Area in Acres: About 35
Current Phase area: Approximately 9 acres
Planning Commission Action: Recommendation of Approval (3-2)
SUMMARY �
The City Council discussed the Johnson permit on January 13, 1999 at the Committee of the Whole meeting.
Suggested modifications to the permit conditions have been made, including a limitation on the duration of the
crushing activities related to recycling. Scott Spisak of Shafer Contracting volunteered the sixty day limitation
in his letter dated January 20, 1999 (attached).
There are some things which may yet be changed prior to final execution of the conditions of operation.
Specifically, paragraph N refers to liability insurance coverage periods which may change according to Mr.
Johnson's policy. The important aspect of this paragraph is to make sure that the pit is adequately covered by
liability insurance for the duration of 1999 pit activity with some overlap into the following year.
PLANNING COMMISSION PUBLIC HEARING RESULTS
On November 24, 1998, the Planning Commission conducted a public hearing concerning the permit renewal.
The neighboring property owner, Charles Koehnen and his wife, Joan Schneider attended and both expressed
concerns about past issues with the pit area. Prior encroachments into setback areas (since restored) and long
abandoned mined areas on Koch owned property unrelated to the current permit were the primary issues. Mr.
Koehnen also provided photographs of eroded areas and concrete stockpiles, alleging the use of the property as
a demolition landfill. Don Kern representing Koch Refining Company indicated that Koch's immediate
concerns have been addressed, and that Koch was optimistic regarding the performance of the new operator,
Shafer Contracting.
After considerable discussion, the Commissioners adopted a motion to recommend approval. The two
dissenting Commissioners suggested that the permit conditions be strengthened with"additional teeth", and
expressed frustration over past problems with the pit. One Commissioner supporting the renewal indicated that
he would not do so again if any additional issues or problems resulted in the 1999 season.
RECOMMENDED ACTION:
Motion to adopt a resolution approving the 1999 mineral extraction permit renewal for Lance Johnson.
CITY COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY,MINNESOTA
RESOLUTION 1999-
A RESOLUTION APPROVING THE 1999 MINERAL EXTRACTION
PERMIT RENEWAL FOR LANCE JOHNSON
WHEREAS, Lance J. Johnson ("Property Owner") has requested renewal of the Mineral
Extraction Permit for operation of the mining operation located on the west side of County Road
71, one mile north of County Road 38; and
WHEREAS,the Property Owner has met the requirements established in the 1998 Mineral
Extraction Permit for renewal regarding reclamation; and
WHEREAS,the Planning Commission reviewed the renewal request on November 24, 1998
and recommended approval of the mining permit, subject to draft conditions of operation; and
WHEREAS, the City Council of the City of Rosemount held a public hearing on December 15,
1998 and considered public testimony as required by Ordinance B - City of Rosemount Zoning
Ordinance.
NOW,THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the 1999 Mineral Extraction Permit subject to the conditions listed on Exhibit A
entitled Mineral Extraction Permit, 1999 Conditions for the Lance J. Johnson Mineral
Extraction Permit Renewal.
BE IT FINALLY RESOLVED, that the City Council of the City of Rosemount requires that
the Property Owner execute the permit prior to commencing operations.
ADOPTED this 2nd day of February, 1999 by the City Council of the City of Rosemount.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
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Planning Commission
Regnlar Meeting Mi�►ntes
November 24,1998
Page 2
divis' n is consistent with the requirements for agricultural d.ivisions and creates no
setback croachments.
There were dis sions concerning park dedication fees, 160`h St. improvements, and the
need for county re ' w• '
Chairperson Droste opene e floor to the applicant. Edna Ohm as present, along
with Kevin Yager. Mr.Yager lained Ms. Ohmann's plans sell the property.
Chairperson Droste opened the floor to ublic. ere were no comments.
onded by DeBettignies. Ayes:
MOTION by Ihoste to close the publlsensel, and De "gnies. Nays: 0. Motion
Tentinger,Droste, Shoe-Corrigan,
carried.
MOTION by We nsel to recommend that the aity e o f G ogr phi� e a�ca�o al lot
division of hmann property sub�ect to: 1)P Ym roval o e Dakota
Syste IS)fees;2)Payment of one unit of park dedication; 3) App
unty Plat Commission. Seconded by DeBettignies. Ayes: Droste, Shoe-Corrigan,
Weisensel,DeBetti�ies, and Tentinger. Nays: 0. Motion carried.
lic H rin • Lan ohn on Mineral Extraction Permi
Ren�Wal for 1922 for the Lance Johnson Mineral Extraction'
Chairperson Droste opened the public hearing
Permit Renewal for 1999. 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.
Mr.Pearson presented Lance Johnson's appli t hase�consests o pproexim t ly 9 acre�s.t
for his ongoing m m i n 8 o P e r a t i o n. T h e�u�T e ri P it easier to identi f y
Koch Refining fenced the perimeter of its property,making
encroachments and monitor mining activity. 1 V I r•P e a r s o n p r e s e n t ed a letter from Don
Kem of Koch Refining notinS Pro b l e m s e x perienced by Koch as a result of the mining
operations.The problems identified were considered to oeeration i in compliance with d
by former operators m the pit. At this tune,the mimng P
city standards,Mr•Johnson has cooperated witha hototea hs of the property t�A �d
areas have been restored. Mr.Pearson display p � P
stockpile of concrete rubble on the property shooblems occi.�u�.ed further Conditions of
the permit a11ow the city to stop operahons if p
.__ r
Planning Commission
Regular Meeting Minutes
November 24, 1998
Page 3
ChairpeFson Droste opened the floor to the Commissioners. Commissioners reviewed
unrestored properties surrounding 7ohnson's property and discussed future expansion of
the mining operation. ,
Chairperson Droste opened the floor to the applicant. Lance Johnson was present, along
with his attorney,Bruce Malkerson, and Scott Spisak representing Shafer Contracting.
Mr.Malkerson indicated that restoration was reviewed and approved by the city in the
summer,prior to releasing the prior operator from the bond. Mr.Johnson now has an
exclusive contract with Shafer Contracting. The issues addressed by Koch have been
addressed.
Chairperson Droste opened the floor to the public.
Don��ern,Koch Refining, indicated that Koch has been assured that issues related to
prior operators have been resolved. The fencing around Koch's property should
eliminate issues of trespass. The draina�e issues have been corrected. Koch does not
object to the permit renewal.
�ha_rlie KoelLnen, 12255 Rich Valley Blvd.,indicated Lance Johnson authorized the
removal of materials from Koch property and that parcels 1 and 4(property owned by"
Koch)were not restored.
Joan Schnieder, 12255 Rich Valley Blvd.,indicated she was assured that restoration
would be done,but it was not. She wants Lance 7ohnson to take responsibility for the
restoration. Although restoration is required in the conditions of the pernut,it has not
been enforced by the city.
Mr.Pearson indicated the edge azound the Koehnen property has been restored. Mr.
Johnson does not own Phase 4. Restoration is a continuing process and cannot be
accomplished in the active phase of the mining operation. The city is satisfied with the
restoration done to date. The city may request assistance from other agencies to address
any contamination concerns.
Mr.Kem felt the vegetation in Phase 1 will grow better now that the traffic flow is
prohibited by the fencing.
Commissioner Shoe-Corrigan inquued about the removal of the topsoil and indicated she
would not approve the pernut until acontroli1Additionally lthe City Attorn y ��cated
that turf was established for erosion
strengthened the language in the permit conditions to address the topsoil issue.
Commissioners suggested� ontact the cit}►ewith c ncem�that one phase be res ored
neighbors be encouraged to c
Planning Commission
Regular Meeting Minutes
November 24, 1998
Page 4
' before starting another phase, and,if necessary, add language to make the permit
conditions more enforceable.
Mr.Malkerson indicated that seeding would be done when necessary. Additinnally,
topsoil has not been hauled out;rather,it is stockpiled on the property for future .
restoration. Although part of Phase 2 has been restored,other parts cannot be restored at
this time with equipment moving in and out.
Ms. Schneider inquired about the number of trucks Shafer is using and whether the
character of the pit will be changed. Ms. Schneider was concerned about increased
traffic.
MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe-
Comgan,Weisensel,DeBettignies,Tentinger, and Droste. Nays: 0. Motion carried.
Commissioner Weisensel indicated it is necessary for the neighbors to work together and
that the city faces culpability in enforcement of the permit conditions.
Commissioner Shoe-Corrigan suggested the city council review the bonding process to
see if it is appropriate to enforce the pernut conditions.
Chairperson Droste felt the steep banks on the open pit areas should not be allowed for a
long period of time and suggested additional language in the conditions to mitigate
erosion. Additionally,because of the history of this mining operation, he suggested the
property owners and the city view the property in the sprinS and fall to eliminate some of
the issues prior to the public hearing.
Commissioner Tentinger requested that�e�ue tioned NSr. Spisak concerning the
communicating with the neighbors. He Q
hours of operation,truck activity, and dust control. Mr. Spisak indicated that Shafer
Contracting has an exclusive contract and would not subcontract.
MOTION by Droste to recommend that the City Council renew the mineral extraction
permit for Lance Johnson's property subject to the(draft) conditions of operation for
1999. Seconded by Tentinger. Ayes: DeBettigniesie�n�t f�e onditi ns] and Dro tete
against any future renewals if there is any matenal b
Nays: Shoe-Corrigan and WeisenseL Motion carried.
. . . .. .._.. ._- •
s - �. , ��.
���
SHAFER, MINNESOTA 55074
November 16, 1998
Mr. Rick Pearson
City of Rosemount
2875 - 145th Street West
Rosemount, Minnesota 55068-4997
Re: Lance J. Johnson
Mineral Extraction Permit Renewal
Dear Mr. Pearson:
You have asked me to comment and provide some background about our operation
of the pit.
We are a highway-heavy general construction firm involved in building numerous
highway and airport projects, primarily in the metropolitan Twin Cities area.
We have entered into an agreement with Lance Johnson to purchase sand and
operate the pit and recycling operation.
Because our agreement with Mr. Johnson was not effective until late in the
season we only removed a small amount of sand in October, totalling about
6100 tons.
At the present time, we do not have a schedule for next season's operations.
We will be bidding work as it is advertised.
There have been some other activities on the site that you may not be aware
of.
A previous operator has restored some of the previously mined areas and
removed stockpiles of processed materials.
A certified property survey has been performed and all property corners
have been marked.
Fences have been installed along the eastern adjacent property lines.
The area that we removed sand from has been sloped to a "safe face" condition.
An Equal Opportunity Employer
S�� G�a., 7ac.
It is our full intent to operate the pit in compliance with the ordinance
and permit.
Should you have any questions, or need additional information, please call
me at (651)257-5019. -
Yours very truly,
SHAFER CONTRACTING CO. , INC.
,
. � �
By: �
Scott A. Spisak
SAS:j s
cc: Lance J. Johnson
11-19�0 �3�1E P.01
[� K�CH
KOCH REFINING COMPANY LE'
Ori�i.n.al l�tt�r sent to city pl�nner Rick Pearson on l 1/20/98.
Koch Retuung cotiunents in regard to Lance Johnson mineral extr�ctic�n p�rmit.
Koch Refining Company�,. :'. owns property susrounding the subject mining operation
and has some concerns abou1 future operations based on past operations. In the past,
Koch has had sand and gravEl extracted from our property without any consent,and
Koch's properry was left in a degraded state. The pit's previous operations have divertzd
drainage from the siie to sorr.e of our leased land to the norrh that has caused crop
dama�z to our tenants. Thcr: have been stock piles placed on our land, and property lines
have not been respected.
Based on these past incident:; on only a couple hundred feet of property we've shared,
Itiach is reluctant to support:iny future mining operations.
12/14/98 .
The comments made above��ere made p�ior to the 11/24/98 planning commission
meeting. At this meeting Schaffer contracting and I3ruce Maikerson(Lance Johnson's
attorney)addressed our concerns and assured us that our land wauld not be impacted. The
planning commission suppo��ted the stance, such that future permits would be based on
ne�t years performance. Tf tr.e mining aperatian does not impact our property we w711 not
resist the approval of the 99' pernut.
Don Kern
�+,.� ��_ /2�O�B
Professional Services Manag�r.
P.O. Box 64596 ■ Saint Paul, MinnEsota 55164-0596 � 651/437-0700
TOTAL F.[�1
Mineral Extraction Permit
1999 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, 1999 until December 31, 1999 unless
revoked prior to that for failure to comply with the permit requirements. A mining permit fee
of$300.00 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 E�chibit 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 andlor 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 Phasin�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. Topsoil shall be�rovided to a minimum
de�th of four(4Z inches and shall be consistent with cit�pecifications for all restored phases.
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
1999 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 8:00 p.m.,
subject, however, to being changed by the City Council.
M. That the Property Owner deposit with the Citv��^^�r^T��r��*m�n+ 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, 1999 until July
30, 2000.
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
1999 Mining Permit
Lance J.Johnson
Page 3 of 4
Thousand and no/100 ($250,000.00) Dollars arising out of any one occunence. The policy of
insurance shall name the City as an additional insured and shall remain in effect from March
24, 1998 until March 24, 2000.
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 or wash plants shall require
additional City Council approval as a modification of the approved rading,�lan. 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 permanent slope
stabilization and erosion control,provided also that the minimum depth of topsoil shall not be
less than four 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. The area of stockpiled material shall not exceed
2.25 acres �which is 25% of the area of the currentiv permitted phase - currentiv 9 acres of the
mineral extraction processl. No stockpiled or imported material mav be buried within the
permit area except topsoil in conformance with�ara�raph U.
1999 Mining Permit
Lance J.Johnson
Page 4 of 4
W. All recycling must be completed with the completion of the current phase. No recycling
processes shall be allowed to continue into subsequent phases. The duration of crushin_g and
other activities related to recyyclin� shall be limited to sixtv(60Lys per vear. Extensions to
the 60 dav limit shall require Citv Council approval. The Citv shall be advised prior to
commencement of said crushin�or related activities for monitorin�putposes.
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 furnish proof of compliance with the requirements of Minn. Stat.
§298.75, the gravel tax, prior to commencing mineral extraction activity.
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.
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
1999, by Lance J. Johnson, the Property Owner.
otary u ic