HomeMy WebLinkAbout7.a. Lance Johnson Mineral Extraction Permit Renewal ,
' CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COL7NCIL MEETING DATE: December 16, 1997
AGENDA ITEM: Lance Johnson Mineral Extraction Permit AGENDA SECTION:
Renewal New Business
PREPARED BY: Rick Pearson, City Planner AGENDA�V�r� �
ATTACHMENTS: Draft resolution, 1998 draft conditions of APPROVED BY:
operation, location map,phasing and grading
plans. PC minutes (12-9-97), 12-8-97 memo
from Bud Osmundson, Incident Report,Dakota
County correspondence.
Applicant and Property Owner: Lance Johnson
Location: 1/3 mile west of Rich Valley Blvd., 1 mile north of County Road 38.
Planning Commission Action: Recommendation of approval with conditions (unanimous)
SUMMARY
This mineral extraction permit renewal includes a shift of accountability and sole responsibility for permit
related activities to the property owner, Lance Johnson. Staff has discussed the request with the City Attorney
and have concluded that the arrangement is workable. A boundary survey including topography and spot
elevations will be required to document the status of the pit and provide comparison with the reclamation plan.
Recent activity related to the permit resulted in a minor traffic accident on Rich Valley Blvd. (Please see
attached incident report}. However,the issues related to the incident appear to have been resolved.
On December 9, 1997, the Planning Commission conducted a public hearing regarding the permit renewal and
the requested modifications. The neighboring property owner,Mr. Koehnen, identified a variety of concerns,
including extraction activity within the 75 foot setback and even encroachment onto his property. However,
many of his concerns have or are being addressed. Mr. Koehnen has a very close relationship with several of
the parties that subcontract with Friedges Landscaping,the current pit operator. In any event, Mr. Koehnen is in
support with the permit renewal as long as the conditions of operation are enforced.
The Planning Commission discussion resulted in several conditions of renewal of the permit:
1. That the City receive semi-annual reports regarding the quantities of material extracted.
2. The property lines be indicated with permanent corner monuments for field reference.
3. That the activities of the current operator, Friedges Landscaping be brought into compliance with the
conditions of the current permit.
4. That the pit area to be vacated by the current operator or previously completed phase be restored with an
appropriate combination of black dirt and seed that meets specifications for turf establishment.
Mr. Johnson agreed to the proposed conditions of approval and indicated that he would provide the requested
survey information.
RECOMMENDED ACTION: Motion to adopt A Resolution Approving the 1998 Mineral Extraction
Permit Renewal for Lance Johnson.
COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY,MINNESOTA
RESOLUTION 1995-
A RESOLUTION APPROVING THE 1998 MINERAL EXTRACTION
PERMIT RENEWAL FOR LANCE JOHNSON
WHEREAS, Lance J. Johnson,property owner, of the mining operation located on the west
side of County Road 71, one mile north of County Road 38, has requested renewal of the Mineral
Extraction Permit for this o eration• and
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WHEREAS the ro ert owner has met the re uirements established in the 1997 Mineral
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P P Y q
Extraction Permit for renewal regarding reclamation and revision to the mining plan; and
WHEREAS,the Planning Commission reviewed the renewal request on December 9, 1997 and
recommended approval of the mining permit, subject to conditions; and
WHEREAS, the City Council of the City of Rosemount held a public hearing on Decemberl6,
1997 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 1998 Mineral Extraction Permit subject to the conditions listed on Exhibit A
entitled Mineral Extraction Permit, 1998 Conditions for the Lance.I. .Iohnson Mineral
Extraction Permit Renewal, and subject further to the following conditions:
1. The property owner shall submit semi-annual reports to the City regarding the quantities
of material extracted.
2. The property lines shall be indicated with permanent corner monuments for field
reference.
3. The activities of the current operator, Friedges Landscaping, shall be brought into
compliance with the conditions of the current permit.
4. The pit area to be vacated by the current operator or previously completed phase shall be
restored with an appropriate combination of black dirt and seed that meets specifications
for turf establishment.
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 16th day of December, 1997 by the City Council of the City of Rosemount. II
ATTEST: Busho Ma ar !
Cathy , Y ,
Susan M. Walsh, City Clerk ',
Motion by: Seconded by:
Voted in favor: '
Voted against:
Member absent:
_ _
Mineral Extraction Permit > I�
1998 Conditions For Mineral Extraction Permit Renewal 'I
LANCE J. JOHNSON I
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, 1998 until December 31, 1998 unless �,
revoked prior to that for failure to comply with the permit requirements. A mining permit fee II
of$30 0.0 0 s ha l l be pai d to t he City o f 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.
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 ar
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 topsoiY 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
' 1998 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 8:40 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 Three Thousand Dollars per acre ($3,000.00/acre) for any active phase in favor
of the City for the cost of restoration,regrading andlor 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, 1998 until July
30, 1999.
Upon thirty(30) days notice to the permit holder and surety company, the City may reduce ar
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
,
1998 Mining Permit
Lance J.Johnson
Page 3 of 4
Thousand and no/100 ($250,000.00)Dollars axising 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, 1997 until March 24, 1998.
O. That no processing or mixing of materials shall occur on the site and construction of any
ponding areas or wash plants shall require additional City Council approval and notification of
adjacent property owners, 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.
P. That the Property Owner shall hold the City harmless from all claims ar 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 ar incur in consequence of such claims.
. That the Pro e wner com 1 with ther e uirements of the Cit Council as it shall
O such o r
Q P rtY P Y q Y
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-monthperiod.
S. That the Property Owner shall incorparate 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. 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.
1998 Mining Permit
Lance J.Johnson
Page 4 of 4
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 the day
and year first above written.
. J
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The faregoing instntment was acknowledged before me tlus day of December,
1997,by Lance J. Johnson,the Property Owner.
otary u ic
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Planning Commission
Regular Meeting Minutes December 9, 1997
Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly
held on Tuesday,December 9, 1997 at 6:55 p.m. The meeting followed a worksession on t
Comprehensive Guide Plan Update. Chairperson William Droste called the meeting t er with
members Mark DeBettignies, Jay Tentinger,Kim Shoe-Corrigan and Jeffery W ' sel present.
Commissioner Weisensel was excused from the meeting from 7:12 p.m. :42 p.m. Also in
attendance were Community Development Director Dan Rogness ity Planner Rick Pearson.
There were no additions or corrections to the agenda.
MOTION by DeBettignies to approve the ember 25, 1997 Regular Planning Commission
Meeting Minutes. Seconded by Te ' er. Ayes: DeBettignies,Tentinger,Droste, Shoe-Corrigan
and Weisensel. Nays: 0. Mot' arried.
De artment ouncements
Commissi noted the actions taken by the City Council on December 2, 1997. Commissioners
inqu' as to responsibility for the cost of the drainage project at Birger Pond and Council
Public Hearing: Lance Johnson Mineral Extraction Permit Renewal
Chairperson Droste opened the public hearing for the application by Lance Johnson for a Mineral
Extraction Permit Renewal. 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 the request by Lance Johnson to renew his mineral extraction permit for
1998. Mr. Johnson indicated he will be changing operators and requested that he assume sole
responsibility for operations. The City Attorney has reviewed and approved additional conditions
included in the permit to allow this to occur. Recently, a traffic problem occurred on Rich Valley
Blvd. where the hauling of peat material to Mr. Koehnen's property left the road in such a condition I
to cause a one-car accident. As a result of this incident,Public Works recommends 1) the property ��
boundaries be established to ensure the grading plan is being followed; 2)conditions in the permit '
be structured to cause the property owner to be accountable for actions of the operators; and 3) the �
property owner be responsible for the cost of cleaning up the road. Mr. Pearson indicated that Mr. ,
Johnson is agreeable to these recommendations. Concerns over Mr. Johnson's failure to pay mining ,
taxes must be addressed by the County, not the City. The updated permit conditions will give the '',
City more authority to regulate the mining activities and provide the City with a good system of ''
accountability. '
Chairperson Droste opened the floor to the Commissioners.
-=_ _
�� '• Planning Commission �
Regular Meeting Minutes ,
December 9, 1997
Page 2 ''
Discussions ensued concerning the removal and reconstruction of the berm,traffic problems created
by the mining activity, and the apparent extension of the mining activity beyond property ''
boundaries. '
Chairperson Droste opened the floor to the Applicant. Lance Johnson was present to answer I
questions. '
In response to questions conceming the berm,Mr. Johnson indicated the berm along the southern
property line was removed by Mr. Koehnen. It was approximately 3'high and indicated the '
property line to avoid encroachment on Koch property. Mr. Johnson indicated he is comfortable '
with the updated conditions in the permit and will work with the City on resolving any issues. '
Chairperson Droste opened the floor to the public.
Charlie Koehnen, 12255 Rich Valley Blvd., indicated an operator on Mr. Johnson's property
removed materials 60' onto Mr. Koehnen's property and also took material out of the Koch
property. Mining activities have also extended into Parcel B. The berm on the southern property
line was leveled out to correct a ponding problem. Mr. Koehnen feels Mr. Johnson should restore
the property. The accident caused by peat material hauled to Mr.Koehnen's property was a one- '
ti�he happening to level off a corner of his property. This problem should not occur again. '
Joan Schnieder, 12255 Rich Valley Blvd., feels a survey will resolve much of the issues. Ms.
Schnieder is concerned the mining activities are below grade and may contaminate her well. The
mining activities have gone beyond the permit boundaries and should be regulated.
In response to Commissioner's questions,Mr. Pearson indicated if a boundary survey indicates the
mining activity is beyond the boundary, the City Council may choose not to renew the permit or the
City could cite Mr. Johnson. Staff wili work with Mr. Johnson in reaching a solution.
Mr. Johnson provided a history of the mining activities and indicated no mining has been performed '
below grade. Friedges Excavating has been the primary operator for the past several years. i
MOTION by Tentinger to close the public hearing. Seconded by Shoe-Corrigan. Ayes: Tentinger, ,
Droste, Shoe Comgan, Weisensel, and DeBettignies. Nays: 0. Motion carried.
Commissioner DeBettignies felt that 8:00 p.m. is too late for the hours of operation. Mr. Pearson �,
indicated the City Council has the authority to change that time. �
Commissioner Weisensel indicated that standards should be established for the type of material used
for restoration purposes.
Discussions continued concerning regulation of the extent of mining activities, a record of materials
removed, and restoration. Commissioners expressed their concerns whether enforcement issues
� • � Planning Commission
Regular Meeting Minutes
December 9, 199?
Page 3
have been dealt with and that all aspects of past permits be complied with prior to issuance of a new
permit. Specifically, Commissioner Shoe-Comgan inquired as to the City's ability to hold Friedges
Excavating responsible for any violation of the permit conditions.
MOTION by Droste to recommend that the City Council approve the renewal of the mineral
extraction permit for Lance Johnsan as modified by the City Attorney for 1998 and provision of a
boundary and topography survey of current site grades and conditions,that the extraction amounts
be submitted to the City semi-annually, that corner stakes must be visible at all times to City
representatives, clarifying language regarding the restoration of extracted areas, and that Friedges
Excavating be brought into compliance before the March, 1998 renewal deadline. Seconded by
Tentinger. Ayes: Droste, Shoe-Corrigan, Weisensel,DeBettignies, and Tentinger. Nays: 0. Motion
carried.
irperson Droste opened the public hearing for the Sign Ordinance Text Amendment. The
rec ing secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice
on file 'th the City.
Mr. Pearson sented the application by the Community Center for a permanent sign which
includes a singl 'ne electronic message display. The National Guard will contribute funds for this
sign. Currently, el onic reader board signs are not allowed. Proposed language for the
ordinance amendment specific to civil events and is limited to the Public/Institutional District,
excluding commercial a ising.
Chairperson Droste opened the or to the applicant. Jim Topitzhofer,Parks &Recreation
enter and to romote
Director, indicated the purpose of sign is to identify the Community C p
activities within.
Chairperson Droste stated his preference fo monument style sign. Mr. Topitzhofer responded that
such a sign would cost approximately $20,000 re. Mr. Topitzhofer further explained the posts on
the proposed sign will be surrounded with brick a landscaping will be added.
Discussions continued concerning alternate locations fo e sign and the color. The background of
the sign will be black,with white, illuminated letters.
Chairperson Droste opened the floor to the public. There were n mments.
MOTION by Droste to close the public hearing. Seconded by DeBett ies. Ayes: Shoe-
Corrigan, Weisensel, DeBettignies,Tentinger, and Droste. Nays: 0. Moti carried.
Discussions ensued addressing the issue of flashing/intermittent lights. Commis er Tentinger
felt the proposed language in the ordinance was confusing and should be clarified. . Pearson
will have the City Attorney review the language and will make any suggested changes.
• CITY OF ROSEMOUNT �
EXECUTIVE SUMMARY FOR ACTION
Planning Commission Meeting Date: December 9, 1997
AGENDA ITEM: Lance Johnson -Mineral Extraction AGENDA SECTION:
Permit Renewal Public Hearing �
PREPARED BY: Rick Pearson, City Planner AGENDA NO. �I
ATTACHMENTS: Memo from Bud Osmundson, revised APPROVED BY:
draft 1998 conditions of operation
Applicant & Property Owner: Lance Johnson
Location: Approximately 1/3 mile west of Rich Valley Blvd. and 1
mile north of County Road 38
SUMMARY
Lance Johnson has requested that his mineral extraction permit be renewed for 1998. He has also
requested that Friedges Landscaping be removed as the indicated operator of the extraction process. Mr. I
Johnson would assume all responsibilities of the mineral extraction permit and related conditions of '
operation. The City Attorney has indicated that this arrangement could be acceptable for the City. ,
Recently, the City has received complaints regarding extraction activity within a buffer area and on
adjacent property and hauling related impacts on Rich Valley Blvd. 1County Road 71). Other comments �
included non-payment of mining taxes and ground water contamination. The City Attomey has indicated ��
that the County is the most appropriate entity for resolving the tax question. Additionally, a recent ',
meeting with Dakota County Environmental Health Staff indicated ihat the source of perceived ground ll
water contamination is not the mineral extraction pit. Site inspections are underway to field verify the
complaints that can be connected to the permit area. In addition, up to date topographic information is I,
being requested for comparison with the original restoration plan. City Staff is working with the City
Attorney to ensure that the updated conditions of operation have the regulatory tools necessary for the
continued operation and that Mr. Johnson will be able to assume sole responsibility for all activities on 'i
the site and off-site related issues. '�,
UPDATE II
The City Engineer has inspected the site and prepared the attached memo which includes his
recommended actions. The City and County Attorneys have provided additional permit language
that resulted in minor modifications and created two new recommended conditions of operation
for 1998.
RECOMMENDED ACTION:
Motion to recommend that the City Council approve the renewal of the mineral extraction
permit for Lance Johnson as modified by the City Attorney for 199$ and provision of a
boundary and topography survey of current site grades and conditions.
PLANNING COMMISSION ACTION:
�I� - - __ -- _ _ _ _ ___ __ __ - - _ __.
,, •
MEMO
T0: DAN ROGNESS, COMMUNITY DEVELOPMENT DIRECTOR '
R1CK PEARSON, CITY PLANNER I
FROM: BUD OSMUNDSON, CITY ENGfNEER/PUBLIC WORKS DIRECTOR I'�
DATE: DECEMBER 8, 1997
RE: MINERAL EXTRACTION PERMIT - LANCE JOHNSON PROPERTY
CITY OF ROSEMOUNT, MINNESOTA
On December 3, 1997, Police Chief Lyle Knutsen, Lieutenant Dwayne Kuhns and
myself went out to inspect Rich Valley Boulevard where an unusual accident had
occurred on the previous day. A car had run into the ditch due to extremely muddy
road conditions on Rich Valley Boulevard adjacent to the Charlie Koehnen and Lance
Johnson properties. It appears that a contractor was trying to clean the roadway
with a street sweeper and the car went around the sweeper, lost control and went
into the ditch.
After talking with a number of people, it appears the situatian was caused by trucks
hauling for �PUS Corporation which tracked large amounts of peat onta the roadway
causing it to be very slippery. OPUS is hauling peat from a building construction site
in Edina and hauling it southerly on Highway 52, 117th Street then Rich Valley
Boulevard, then entering the driveway to the Charlie Koehnen property. West of the
newly constructed equipment shed, the trucks are dumping the peat material and
getting pushed with dozers until abfe to meander into the Lance Johnson pit. There
they load with granular materials and leave through the Lance Johnson pit driveway
onto Rich Valley Bouievard, which is a road under County jurisdiction, County Road
71 . Due to the wet and freezing conditions, peat is sticking onto all parts of the
trucks and fails off wherever. The trucks track the peat onto the Rich Valley
Boulevard, which makes it slippery.
At the time of our visit County personnel was present and they were trying to scrape
the peat off the roadway with an underbody ptow and also were sanding the
roadway. There hope was that through continuous sanding and plowing in this
manner that they could clean the material off the roadway. A contractor operated
front-end loader also tried to scrape the roadway with little success. Our
understanding is that on the day of the accident there was 3" of peatlmud on Rich
Valley Boulevard.
Upon further investigation of both the Lance Johnson Gravel Pit and the Charlie
1
♦ ;
Koehnen property, the following items should be addressed:
1. Property lines need to be re-estabiished by physically staking them again on the
north property line between the Lance Johnson and Chariie Koehnen
properties. It appears that mining has taken place on the Koehnen site and in
the Lance Johnson pit site in the setback area.
2. The contractor, OPUS Corporation, after being made aware that the Koehnen
site had neither a City approved mining or grading permit, promptly made
application, submitted drawings and received a grading permit for the property.
The grading permit was only for the 30,000 cubic yards of peat that was and
is being deposited on the Koehnen property. Where the gravel went that was
in the south bank on the Koehnen property, I have know idea. At this time we
have issued a grading permit for the Koehnen property for the peat deposit and
OPUS will again begin operations.
3. The south property line in the Lance Johnson pit also needs to be re-
established. It is apparent that the berm which was previously in place to mark
that property line has been removed and tracking is apparent on the property
to the south, which is owned by Koch Industries.
My recommendations, prior to re-issuing a Lance Johnson permit are as follows: I
1. Have the property lines totally re-established so that Staff can accomplish
ins ections to assure that the operator is adhering to the terms of the permit. I
P
2. Since the owner has a total lack of control of operations and Staff does not ,
have a clue which contractor is operating out of the pit, I recomrnend that the
owner be required to send to the City, in writing, the current operator of the
pit at anytime that the operator has changed.
3. The owner wi11 be receiving from the City and the County invoices for cleaning
the dirt and debris from the streets and time for inspection. The owner and/or
operator must be required to adhere to best management practices for erosion
control so that this tracking of dirt onto public streets does not happen again.
2
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December 9, 1997
Friedges Landscaping, Inc.
Attn: John Friedges
9380 W. 202"d Street
Lakeviile, MN 55044
Re: Aggregate Material Removal Production Tax
Dear Mr. Friedges
It has eome to our attention that the aggregate tax for material removed from the tance
Johnson pit has not been paid. Minnesota Statues 298.75 states tha# if more than
20,000 tons or 14,000 cubic yards are removed from an extraction site, the County shall
impose a production tax equal to ten cents per cubic yard or seven cents per ton.
Dakota eounty has been informed by the City of Rosemount that Friedges
Landscaping, Inc. is currently operating this pit. No aggregate removal tax reporting
forms have been filed for 1997 or„erior years. Failure to file the reporting forms and
submit payment may result in the imposition of penalties or misdemeanor prosecution
for filing a false report with intent to evade the tax.
I'm enclosing copies of the reporting forms for 15t,2"d and 3`d quarter. Please complete
the forms for 1997 and submit the appropria#e taxes to the Treasurer/Auditor's office as
soon as possible.
If you have any questions, please contact our office. Thank you.
Sincerely,
'`� � --�
c.(�wc� a�.Lvui��—
David L. Everds, P.E.
Dakota County Engineer .
DLE/mjl .
Enclosure
cc: Lance Johnson I
Mike Ring, Assistant County Attorney '
Rick Pearson, City of Rosemount '
N:frieg-grvtax
Printed on recyeled paper,20%post-consumer � AN EQUAL OPPORTUNITY EMPLOYER