HomeMy WebLinkAbout6. Bituminous Roadways, Inc. Mineral Extraction Permit Renewaleily of (Rosemount
PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR
FAX (612) 423-5203 Mailing Address: Edward B. McMenomy
P.O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS
Sheila Klassen
James (Red) Staats
Willcox
Affidavit of Mailed & Posted Hearing NoticeDenn sr Wippermann
ADMINISTRATOR
Bituminous Roadways, Inc. - Mineral Extraction Permit Rene*,drn Jill
Otto Ped Property - 4992 145th Street East
STATE OF MINNESOTA )
COUNTY OF DAKOTA ) ss
CITY OF ROSEMOUNT )
Susan M. Walsh, being first duly sworn, deposes and says:
I am a United States citizen and the duly qualified Clerk of the City of Rosemount,
Minnesota.
On June 17, 1992 acting on behalf of the said City, I posted at the City Hall, 2875
145th Street West, and deposited in the United States Post Office, Rosemount,
Minnesota, a copy of the attached notice of a public hearing for consideration for
renewal of a Mineral Extraction Permit as requested by Bituminous Roadways, Inc.
for the property located at 4992 145th Street East, enclosed in sealed' envelopes, with
postage thereon fully prepaid, addressed to the persons listed on the attached listings
at the addresses listed with their names.
Suan M. WaIA
City Clerk
City of Rosemount
Dakota County, Minnesota
Subscribed and sworn to before me this _ day of _OAJLA— 1992.
SMyDENISE t. WERNER
NOTARY PUBLIC—MINNESOTAAI�L CL�A
DAKOTA COUNTY Comm. Expires sept. 26, 1996 Notary Public
6verylhtngs coming `Up RosemounlY
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�iiy of Rosemount
PHONE (612) 4234411 2875 . 145th Street West, Rosemount, Minnesota
MAYOR
FAX (612) 4235203 Mailing Address:
Edward B. McMenomy
P.O. Box 510, Rosemount, Minnesota 55068-0510
COUNCILMEMBERS
Sheila Klassen
James (Red) Staats
CITY OF ROSEMOUNT
Harry Willcox
Dennis Wippennann
Public Notice
ADMINISTRATOR
Stephan Jilk
Bituminous Roadways, Inc.
Mineral Extraction Permit Renewal
Otto Ped Property - 4992 145th Street East
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public
hearing on Tuesday, July 7, 1992 in the Council Chambers of the City Hall, 2875 145th Street
West, beginning at 8:00 p.m. or as soon thereafter as possible.
The purpose of this hearing is to receive comments on the application received from
Bituminous Roadways, Inc. for renewal of a Mineral Extraction Permit. The mineral
extraction project is estimated to last three years. Phase 1 encompasses approximately 15
acres of the subject property and is scheduled for completion in 1992. As set forth in the
conditions of the permit, mineral extraction activity is limited to a site not to exceed 39 acres
of the entire property. The subject property is owned by Otto Ped and is generally described
as the West 871/2 acres of the Southeast Quarter and the East 75 acres of the Southwest
Quarter of Section 29, Township 115, Range 18; subject to highway easement over the north
50 feet (P.I.D. #34-02900-010-50) and addressed as 4992 145th Street East.
Persons wishing to speak on this issue are invited to attend this meeting on Tuesday, July 9,
1992 at 8:00 p.m.
Dated this 17th day of June, 1992.
Susan M. Walsy, City Clerk
City of Rosemount
Dakota County, Minnesota
6verylking's Cooming (Yb
(RosemounlY
Bituminous Roadways, Inc. - Mineral Extraction Permit Renewal (1992)
Mailing List
1. Melvin G. Astleford 34-02100-011-50
1200 Highway 13 West 34-02100-010-65
Burnsville, MN 55337 34-02100-011-90
34-02800-010-05
34-02800-010-10
34-02800-010-15
34-02800-011-25
34-02800-011-30
34-02800-011-36
34-02800-010-50
34-02800-010-75
34-02800-010-01
34-02000-010-82
34-02000-010-92
34-02000-010-36
2. David A. & Nancy V. Phillips 34-02800-012-30
3583 142nd Street East
Rosemount, Mn 55068
3. Rich T. Burger 34-02900-010-10
1200 Highway 13 West
Burnsville, MN 55337
4. Dale B. & Betty L. Agre 34-02900-010-15
14175 Eilers Path
Rosemount, MN 55068
5. Pine Bend Development Co.
34-02900-010-20
1200 Hiway 13 West
34-02900-010-25
Burnsville, MN 55337
34-02900-010-35
34-02900-010-75
34-02900-010-01
34-02900-010-19
6. Richard C. & Ramona A. Cordes 34-02900-010-60
4594 145th Street East
Rosemount, MN 55068
7. Adolph & Otto Ped 34-02900-010-50
4992 145th Street East (Site)
Rosemount, MN 55068
8. John Reese 34-02900-010-69
4230 145th Street East
Rosemount, MN 55068
9. Raymond A. & Rosella Rahn 34-03000-010-09
3855 145th Street East 34-03000-010-25
Rosemount, MN 55068 34-03000-010-30
10. Frank A. Jr. & Betty J. Knoll 34-03000-012-75
4322 145th Street East
Rosemount, MN 55068
11. John A. Reese 34-03000-013-75
7436 Chaparral Road East
Unit #112B
Scottsdale, AZ 85253
12. John J. Ostertag 34-03000-014-75
4230 145th Street East
Rosemount, MN 55068
13. Marlin W. & Joann Rechtzigel 34-03000-011-35
3540 140th Street East 34-03000-012-35
Rosemount, MN 55068
14. Hans J. Abrahamsen 34-03000-010-50
1700 Bellows 34-03100-010-01
West St. Paul, MN 55118 34-03100-010-11
34-03100-010-19
34-03200-010-35
34-03200-010-60
15. Ken & Linda Schindeldecker 34-03100-010-21
4485 160th Street East
Rosemount, MN 55068
16. Henry J. & Catherine Fox
34-03200-010-01
15391 Emery Avenue
34-03200-010-25
Rosemount, MN 55068
34-03300-010-12
34-03300-011-62
34-03300-010-62
17. Henry & Harriet Sahli 34-03300-010-35
15172 Emery Avenue
Rosemount, MN 55068
18. Harvey & Bernice Swoboda 34-03300-011-40
15400 Emergy Avenue 34-03300-014-40
Rosemount, MN 55068
19. Chad W. Nelson, Project Manager APPLICANT
Bituminous Roadways, Inc.
2825 Cedar Avenue South
Minneapolis, MN 55407
Farmington Independent
cityof Rt
AFFIDAVIT OF PUBLICATIONBffundWuss'cRoad
ays, W.'"
Minerat J xb-Acdon Permit Renewal
Diane Berge, being duly sworn, on oath says that she is an authorized
Otto Ped P-pety - 4992145th Sa,ee1 East
agent and employee of the publisher of the newspaper, known as The
gPNOTICE
TO SEM IT MAY Y GIVEN,
IS HEREBY GIVEN, the City
Farmington Independent , and has full knowledge of the facts which are
Council of the City of Rosemount will hold
Stated below:
a public hearing on Tuesday, July 7, 1992 in
(A) The newspaper has complied with all of the requirements constituting
the Council Chambers of the City Hall,
2875 5th street west, beginning at s:oo
qualification as a legal newspaper, as provided by Minnesota Statues
or
p.m. or as soon thereafter as possible.
331A.02, 331A.07 and other applicable laws, as amended.
The Purpose of this hearing is to receive
(B) The printed171Lrt� 0
comments on the application received from
`-r
Bituminous Roadways, Inc. for renewal of a
Mineral_ Extraction Permit. The mineral
extraction project is estimated to last three
years. Phase 1 encompasses approximately
which is attached, was cut from the columns of said ne spaper, and was
15 acres of the subject property and is
printed and published once each week for successive
weeks; it was first Thursday, the '�^ da
scheduled for completion in 1992. As set
forth in the conditions of the permit, mineral
published on of
P Y� �`J — Y
19and was thereafter printed and published on
extraction activity is limited to a site not to
exceed 39 acres of the
every Thursday, to and including Thursday, the - __day of
entire property. The
subject Property is owned by Otto Ped and
19 —, and printed below is a copy of the
is generally described as the West 871/2
lower case alphabet from A to Z, both inclusive, which is hereby
acres of the Southeast Quarter and the East
75 acres of the Southwest Quarter of Section
acknowledged as being the size and kind of type used in the composition
29, Township 115, Range 18; subject to
and publication of the notice: i
highway easement over the north 50 feet
(P.I.D. #34-02900-010.50) and addressed as
4992145th Street East.
Persons wishing to speak on this issue are
(�
By:
invited to attend this meeting on Tuesday,
July 9, 1992 at 8:00 p.m.
Title: Administrator for the Publisher
Dated this 17th day of June, 1992.
SubSCP ' d and sworn to before me on this --- d a Y
By Is/ Susan Ni Walsh
of
Susan M. Walsh, City Clerk
19
City of Rosemount
\ 1
Dakota County, Minnesota
6/25
otary Public
AFFIDAVIT
lAAAAAAAAAAAAAAAAAA®
LISA M. SHERVHEIM
'. `r NOTARY PUBLIC -MINNESOTA
_=^ DAKOTA COUNTY
My Commission Expires Nov. 19, 1992
City of Rosemount
Executive Summary for Action
City Council Meeting Date: JULY 7, 1992
Agenda Item: Mineral` Extract Permit Renewal
Bituminous Roadways, Inc.
Agenda Section:
PUBLIC HEARING
Prepared By: Lisa Freese
Agff
Director of Planning
Attachments: Permit Conditions; Location
Approved By:
Map;: Phasing Map, Planning
Commission Reviews."
Mr. Chad W. Nelson, Project Manager for Bituminous Roadways,
Inc., has applied for renewal of the Mineral Extraction Permit
for Otto`Ped's property located at 4992 145th Street East. The
original permit was approved in July, 1991._
The overall ,scope `of the mineral extraction permit will involve
approximately 39 acres of the 162.5 -acre site. The extent of
work completed in 1991 was limited to construction of an access
road to the mining site. The anticipated phase of operations for
1992 will involve 15 acres. Based 'upon a standard of $2,000 an
acre, a performance bond of $30000 will be required for the
renewal of the permit for this year.
The Planning Commission reviewed the application and motioned to
recommend approval
Conditions of
Bituminous Roadways, Inc.
Mineral Extraction Permit Renewal, Phase I - 1992
A. That Bituminous Roadways, Inc. (hereinafter "the Operator") sign a written consent to
these conditions binding itself and its successors or assigns to the conditions of the said
permit.
B. That this permit is granted for the area designated as Phases 1, 2 and 3 on Exhibit A
which is attached hereto as one of the exhibits dated December 19, 1989.
C. The term of the permit shall extend from July 7, 1992 until December 31, 1992 unless
revoked prior to that for failure to comply with the permit requirements. Thereafter,
any application for renewal of the permit shall be made at least sixty (60) days prior to
the expiration date. A mineral extraction permit fee of $250 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 "the 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 Exhibit
A and the support materials submitted with the permit application dated May 15, 1991.
F. All gravel trucks shall enter and exit the mining area from County State Aid Highway
42 from the location shown on Exhibit A and the designated truck route to (and from)
the site shall be C.S.A.H. 42 east to Highway 55, north on Highway 55 to the City
boundary. It shall be the Operator's responsibility to obtain any easements for ingress
and egress. A plan for dust control shall be submitted and approved by the City.
G. That the surface water drainage of the mining area shall not be altered so as to interfere
or affect the natural drainage of the adjacent property.
H. No topsoil shall be removed from the site and the Operator shall take necessary
measures to prevent erosion of the stockpiled top soil.
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 Engineer or any other City employee for the purpose of insuring that the
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.
J. 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.
K. That the Operator deposit with the City Clerk a surety bond or cash escrow in the
amount of $30,000 dollars in favor of the City for Phase 1 of the operation. The
surety bond 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 surety company to cancel the same upon
thirty (30) days written notice to the permit holders 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 pursuant to the permit and as required by the City and all
reasonable requirements of the Engineer or other City officials.
(4) Conditioned that the Operator will secure and hold 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 July 2, 1991 until June
30, 1992.
Upon thirty (30) days notice to the permit holder and the 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.
L. That the Operator furnishes a certificate of comprehensive general liability insurance
issued by insurers fully licensed within the State of Minnesota in an amount of at least
Five Hundred Thousand and no/100 ($500,000.00) Dollars for injury or death of any
one person in any one occurrence, bodily injury liability in an amount of at least One
Million and no/100 ($1,000,000.00) Dollars and damage liability in an amount of at
least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising out of
any one occurrence. The policy of insurance shall name the City as co-insured and
shall remain in effect from July 2, 1991 until June 30, 1992.
M. That no processing or mining 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.
N. That the Operator shall hold the City harmless from all claims or causes of action that
may result from the granting of the permit. That the Operator shall indemnify the City
2
for all costs, damages or expenses, including but not limited to attorney's fees which
the City may pay or incur in consequences of such claims.
O. That the Operator comply with such other reasonable 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.
P. This permit authorizes mineral extraction in Phase I of the approved phasing plan. All
future phases shall be limited to a maximum of 15 acres. Complete mining and partial
reclamation is required in each phase before any addition mining is authorized. No
more than 19 acres may be in operation during the transition between the phases.
Modifications or expansion of the mining areas must be approved in writing to the
City.
Q. 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 topsoil shall be spread
evenly on the site with minimum depth being no less than four inches after reclamation.
That Palmer G. Peterson, President, Bituminous Roadways Inc., 2825 Cedar Avenue
South, Minneapolis, Minnesota, pit operator, hereby consents and agrees to the foregoing
conditions of said mining permit.
Dated this day of , 1992.
Palmer G. Peterson
That Otto Ped, property owner, hereby consents and agrees to the foregoing
conditions to said mining permit.
Date:
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GRADING PERMIT DRAWINGS
OTTO PED PROPERTY
ROSEMOUNT,MN. —
. 1~58814{.• 11e�iu.•rr'i81�.lu4,
(Pity of Rosemount
PHONE (612) 4234411 2875 -145th Street West, Rosemount, Minnesota
FAX (612) 4235203 Mailing Address:
P.O. Box 510, Rosemount, Minnesota 5506&0510
TO: Planning Commission
FROM: Richard Pearson, Assistant Planner
DATE: June 3, 1992
SUBJ: June 9, 1992 Regular Meeting Reviews Agenda Item 7(a)
ATTACHMENTS: Location map
Phasing map
Permit conditions
Permit application
7a. Bituminous Roadways Mineral Extraction Permit Renewal
Otto Ped Property - 4994 145th Street East
MAYOR
Edward B. McMenomy
COUNCILMEMBERS
Sheila Klassen
James (Red) Staats
Harry Willcox
Dennis Wtppermann
ADMINISTRATOR
Stephan Jilk
Recommended Motion: Motion to recommend approval of the Mineral Extraction
Permit renewal subject to the attached conditions and request that the City Council
schedule a public hearing for the permit renewal.
Mr. Chad W. Nelson, Project Manager for Bituminous Roadways, Inc., has applied for
renewal of the Mineral Extraction permit originally approved in July, 1991.
The mining project is estimated to last three years with phase #1 mining approximately 15
acres in 1992. The extent of the work completed in 1991 was limited to construction of an
access road to the mining site.
Phase #1 will require a performance bond in the amount of $30,000 based on S2,000/acre as
a standard. Subsequent phases may require larger bonds.
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