HomeMy WebLinkAbout7.e. Mineral Extraction Permit for Furlong/Cemstone ? • City of Rosemount
Executive Summary for Action
City Council Meeting Date: March 6. 1996
Agenda Item: Mineral Extraction Permit Request: Tom Agenda Section:
Furlong / Cemstone, Inc. New Business
Prepared By: Richard Pearson, Assistant Planner Agenda I 1
EM E
Attachments: Plan reductions, Draft conditions of Approved By:
operations, draft Planning Commission
meeting minutes (2-13-96)
Mr. Tom Furlong (land owner) and Ken Kuhn of Cemstone Inc. are requesting approval of a
mineral extraction permit in the Agriculture (AG) District. The property consists of
approximately 33 acres 1/4 mile south of TH 55 on the west side of Fischer Avenue, the eastern
municipal boundary of Rosemount.
Last year, a short term mineral extraction permit was granted for this property for Buffalo
Bituminous which included a temporary ry asp h l t plant. The
operation lasted approximately one
month and was directly utilized for the MnDOT STH 55 resurfacing project. The current
request is more typical of a long term multi phase operation that is expected to last 8 to 10
years. The operator is in the concrete business and is including onsite processing of materials
which includes sorting and washing of aggregate materials. The application previously
requested by Marlon Danner for an asphalt plant in the Agriculture district was not approved by
the City Council. Ken Kuhn of Cemstone maintains that the washing and sorting process
associated with this request is significantly different from an asphalt plant and few if any
objectionable issues will result. While no technical information is available, one of the Planning
Commissioners observed that sorting and washing of aggregate is quite noisy.
The processing plant will be 1/3 of a mile from STH 55 and 900 feet from Fischer Avenue and
appears to be quite isolated. Staff is of the opinion that the permit can be granted with some
landscaping treatment of the set back area, particularly along the northern perimeter.
Previously, the Planning Commission was concerned about the proximity of snowmobile trails.
The trail map published by the Dakota Trails Association indicates the nearest trail to be south
of CSAH 48, more than a mile south of the requested pit area.
On February 13, 1996, the Planning Commission conducted a public hearing for both renewal
requests as required by the zoning ordinance. Two residents appeared with questions about the
processing. Ken Kuhn of Cemstone, inc. explained that the proposed process and provided a
picture of similar equipment. Additional explanation regarding the conditions of operation
provided by Staff appeared to satisfy the issues.
Recommended Action: MOTION to approve the renewal requested for the Furlong /
Cemstone mineral extraction permit including sorting and washing of Aggregate Material in
the indicated location subject to the attached draft conditions of operation for 1996.
City Council Action:
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DRAFT: 2/9/96
Mineral Extraction Permit
1996 Conditions For Mineral Extraction Permit
CEMSTONE, INc.
A. Cem stone, Inc., hereinafter referred to as "the operator" and Tom Furlong, property owner
and hereinafter referred to as "owner", sign a written consent to these conditions binding
itself and its successors or assigns to the conditions of said permit.
B. That this permit is granted for the area designated as on Exhibit A which is attached hereto
as one of the exhibits.
C. That the term of the permit shall extend from January 1, 1996 until December 31, 1996
unless revoked prior to that for failure to comply with the permit requirements. A mining
permit fee of$250.00 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 Operator 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 labelled 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
Fischer Avenue. It shall be the Operator'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
Operator shall clean dirt and debris from streets that has resulted from extraction or hauling
operations related to the Mineral Extraction Permit. After the Operator has received 24-
hour verbal notice, the City will complete or contract to complete the clean-up at the
Developer's expense.
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 Operator 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.
1996 Mining Permit
Cemstone/Furlong
Page 1 of 4
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J. Any costs incurred now or in the future in changing the location of existing public or
private utilities including but not limited to pipelines, transmission structures and sewer
infrastructure located within the permit area shall be the sole obligation and expense of the
operator.
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 operator prior to the issuance of the
permit. That the Operator 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 Operator 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 Operator and/or the Owner deposit with the Planning Department a surety bond or
cash escrow in the amount of Two Thousand Dollars per acre ($2,000.00/acre) or active
phase in favor of the City for the cost of restoration, regrading and/or revegetating land
disturbed by mining activities in the event of default from this agreement by either the
Operator or the 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 Operator 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 Operator and the 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 Operator.
(5) The surety bond or cash escrow shall remain in effect from January 1, 1996 until July
1, 1997.
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 Operator 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
1996 Mining Permit
Cemstone/Furlong
Page 2 of 4
one person in any one occurrence, bodily injury liability in an amount of at least One
Million and no/100 ($1,000,000.00) Dollars and damage liability in an amount of at least
Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising out of any one
occurrence. The policy of insurance shall name the City as an additional insured and shall
remain in effect from January 1, 1996 until July 1, 1997.
O. The accessory aggregate sorting and washing plant shall be enclosed by a temporary fence.
In addition, the northern perimeter shall also be fenced.
P. That the Operator and the Owner shall hold the City harmless from all claims or causes of
action that may result from the granting of the permit. That the Operator and the 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 Operator 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.
S. That the Operator 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 Operator must have a copy of the Dakota County Soil and Water Conservation District
mining application completed and on file with the City of Rosemount Planning Department
prior to the approval of the Mineral Extraction Permit.
U. Reclamation requires the replacement of the entire stockpile of topsoil to the mined area,
reseeding and mulching necessary to re-establish vegetative cover for permanent slope
stabilization and erosion control, provided also that the minimum depth of topsoil shall not
be less than two inches after reclamation. No restored slopes may exceed a gradient of
25% or four to 1 (4:1).
V. The Operator shall provide an escrow of$5,000.00 as a security to ensure that Fischer
Avenue will be resurfaced with one hundred percent (100%) crushed Class 2 following the
removal of the accessory aggregate sorting and washing plant. The escrow may be
replaced by another form of security acceptable to the City Administrator.
W. Fisher Avenue shall be continuously maintained and bladed at the end of each day and kept
open to traffic.
1996 Mining Permit
Cematone/Furlong
Page 3 of 4
That Cemstone, Inc. operator, and Tom Furlong, owner, hereby consent and
� � g property Y
agree to the foregoing conditions of said mining permit.
Date: By:
Property Owner
Date: By:
Operator
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 1996, by , Property Owner and
Operator, on behalf of this Agreement.
Notary Public
1996 Mining Permit
GemstMione in/Furlong
Page 4 of 4
Regular Planning Commission Meeting Proceedings
February 13,1996
Page 3
MOTION by Tentinger to recommend approval of the revised preliminary plat to the City Council
subject to: 1) incorporation of engineering recommendations relative to grading and u • • "-s; 2)
execution development agreement to secure public improvements, infrast. - I re, GIS fees and
park dedication well as guarantee variances; 3) rezoning the prope o ' -1 Single Family
Residential (detache )hand, 4) conformance with the applicab - 'division and zoning ordinances
for final plat. Second by I •ste. Ayes: DeBettignies, T-• •nger, McDermott, Shoe-Corrigan, Droste.
Nays: 0.
MOTION by Tentinger to recommen• •pp - " to the City Council of the revised planned unit
development final development • -• for Shannon .dows in conformance with the conditions
required for the revised pre' ary plat. Second by Dro . es: Tentinger, McDermott, Shoe-
Corrigan,Droste,DeBe•"plies.Nays: 0.
MOTION by ntinger to recommend that the City Council table action _arding the rezoning until
final plat • ..royal with written concurrence provided by the petitioner. Secon by Droste. Ayes:
M D ermott, Shoe-Corrigan, Droste, DeBettignies, Tentinger.Nays: 0.
Public Hearing: T. Furlong & Cemstone. Inc.-Mineral Extraction Permit
Chairperson Droste opened the public hearing scheduled at this time to hear public testimony
regarding the mineral extraction permit request of T. Furlong and Cemstone, Inc. The recording
secretary has placed the Affidavit of Publication and Affidavits for Mailing &Posting of Public
Hearing Notice on file with the City.
Assistant Planner Pearson stated that Tom Furlong, land owner, and Ken Kuhn, operator of
Cemstone, Inc., have requested a mineral extraction permit for approximately 33 acres of land about
1/3 mile south of STH 55 on the west side of Fischer Avenue. He related that last year a short term
mineral extraction permit was granted for this property for Buffalo Bituminous. The current proposal
includes a long-term, 3 phase operation. Phase I is expected to last 8 to 10 years and before Phase II
may begin, Phase I is required to be restored and revegetated. Mr. Pearson recommended that the
proposed grading plan be revised to preserve the existing trees and still keep the 4:1 slope. Staff
recommended that this permit be approved subject to conditions.
Ken Kuhn was in the audience to answer any questions or concerns.
Diane Gabbert and Christina Peterson stated that their homes are situated immediately south of the
Furlong property and that their homes look directly at this site. They listed the following concerns
with this proposed permit: 1) the potential decrease in home value; 2) noise; 3) pollutants; 4)
watershed problem; 5) large piles of extracted material; and 6) increased traffic on Fischer Avenue
and STH 55.
Mr.Kuhn addressed the majority of Ms. Gabbert's and Ms. Peterson's concerns and questions.
Tom Furlong stated that he hauls grain in that area and from 7:00 a.m. to 8:00 a.m. and 4:00 p.m. to
5:30 p.m. Monday through Friday the roads in the area are busy, otherwise, the traffic level is fine.
Regular Planning Commission Meeting Proceedings
February 13,1996
Page 4
There being no further comments from the audience, Chairperson Droste closed the public hearing.
The Commissioners discussed at length their concerns regarding the increased traffic level on Fischer
Avenue, size of the piles on the site, pollutants, and decreased property values.
MOTION by McDermott to recommend approval of the Furlong/Cemstone mineral extraction
permit including sorting and washing aggregate material to the City Council subject to the draft
conditions of operation for 1996. Seconded by Tentinger. Ayes: Shoe-Corrigan, Droste,
DeBettignies, Tentinger,McDermott. Nays: 0.
Chairperson Droste excused himself from the Planning Commission Meeting at 8:20 p.m.
Tax Increment District-Rosemount Business Park
Senior • • er Mack introduced this item. He stated that the proposed Tax Increment Financing Plan
will suppo e creation of an Economic Development TIF District for the 80 acres currently owned
by the Port Au •rity located along the south side of CSAH 42 between State Trunk Highway 3 and
Biscayne Avenue. ".'s Plan is a financial mechanism to attract and encourage businesses to the
community. Mr. Mac • entioned that pursuant to Minnesota Statutes, the Planning Commission
must provide a recommen tion to the City Council by resolutionffinding thai he plan for the
proposed new TIF District is conformance with the Ci y:4-Comprehensive Guide Plan.
Community Development Director Ro ess Blamed the TIE process and goals to the Commission.
The Commission had a concern regarding the t 'ng of this TIF District and hoped that the funds
captured by this TIF District would be used wisely.
MOTION by Tentinger to adopt Planning Commission Re ,lution 1996-1 Finding that
Modifications to the Redevelopment Project Plan for the Rose , nt Redevelopment District for
creation of the osemount Business Park Tax Increment Financing ► trict&Plan (Economic
Develot) are in conformance with the Rosemount Comprehensive +e Plan. Seconded by
McDermott. Ayes: DeBettignies, Tentinger, McDermott, Shoe-Corrigan. Nays: : Droste absent).
MOTION by McDermott to adjourn. Second by Tentinger. There being no further busin- s to come
before this Commission and upon unanimous decision, this meeting was adjourned at 9:15 p.m.
Respectfully submitted,
Kelli A. Grand
Recording Secretary
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