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Home My WebLink About6.a. Bituminous Roadways, Inc. Grading/Excavating Policy g `nl./ 2 P:O. BOX 510 ✓Z12� � 2875-145TH ST. W. O�Q,�Ou�1 ROSEMOUNT. MINNESOTA 55068 G L 612-423-4411 TO: MAYOR NAPPER, CITY COUNCIL, & CITY ADMINISTRATOR FROM: MICHAEL WOZNIAR, AICP, CITY PLANNER '��fli� � IVI 6 A DATE: AIIGUST 2, 1990 P� SIIBJ: AIIGUST 7, 1990 - REGULAR 1�lEETING REVIEWS ba. BITIIMINOIIS ROADWAYS, INC. - GRADING/EXCAVATING POLICY Mr. Palmer Peterson, President of Bituminous Roadways, Inc. , has requested that the City re-evaluate its policy regarding sand & gravel mining in order to allow him to conduct a mining operation on the Otto Ped Property (160 acres at the intersection of C.S.A.H. 42 and Emory Avenue) . The City Council should recall discussing this proposal when considering sand and gravel mining policy in the new zoning ordinance last fall. When adopting the new zoning ordinance the City became more restrictive in terms of where mining would be allowed. The zoning ordinance limits sand and gravel mining to property zoned General Industrial and located east of Akron Avenue subject to permitting requirements specified in the Zoning Ordinance. However, it was determined by the Planning Commission and City Council that seasonal excavations would be allowed on Agricultural Zoned property provided that full restoration of the site occurred at the close of the construction season. Bituminous Roadways, Inc. (BRI) , has since applied for a grading/excavation permit to remove sand and gravel from the Otto Ped Property. Ron Wasmund, City of Rosemount Building Official, � has reviewed the BRI grading/excavation permit application and has identified t�wo issues which preclude his issuing a permit. BRI has insisted that to make its operation economically feasible that it must have a permit that would run from May 15th to May 15th rather than January 1st to December 31st as required under the building code. Also, BRI has insisted that stockpiled material must be kept on site to allow material to be available for the next season before excavation can begin in the spring. It is BRI 's intention to operate on the site for approximately 5 years. Ron Wasmund has informed BRI that he cannot waive these requirements and that a zoning ordinance amendment to allow sand & gravel mining to take place on the property would be required to permit the operation as proposed. Both the Planning Commission and City Council thoroughly discussed this matter last fall when considering the zoning ordinance. The resulting ordinance limited full scale mining operations to property zoned General Industrial. To allow mining to take place on the Ped property either the property would have to rezoned to General Industrial or the zoning ordinance text would have to be changed to allow mining in the agriculture district. A rezoning of the Ped property to General Industrial would not conform to the Comprehensive Guide Plan and would represent a spot zoning because the property is not contiguous to other industrial zoned property. A text amendment to the zoning ordinance to allow mining in the agriculture property would represent a reversal of the Council 's action in adopting the new zoning ordinance last fall. The Planning Commission considered this issue at its July 24th meeting. The Commission concluded that it did not have a problem with the City issuing a grading/excavation permit with a term extending from May 15th of one year to May 15th of the next. This would allow for stockpiling of sand and gravel over the winter which was part of Mr. Peterson's request. I must inform the Council that City Staff including myself, Ron Wasmund and Dean Johnson have significant concerns about allowing grading/excavation permits to extend from one construction season into another. Clearly, it is the intention of BRI to conduct a sand and gravel mining operation which is likely to be conducted over a period of five or more years. If BRI or any other party seeking to remove sand and gravel from agricultural zoned property cannot conform to requirements established by City Council last year, then, they should be required to obtain a mining permit. When the City begins issuing grading permits without requiring complete closure and restoration of the excavation within one construction season we begin to lose control over such an operation. It becomes more and more difficult to refuse renewal of extraction permits and to avoid a long term mining operation comparable to those in Apple Valley. It is the opinion of staff that if City wishes to allow BRI to operate on the Ped property as proposed that it should be required that the Zoning Ordinance be amended to once again allow sand and gravel mining in the Agriculture District subject issuance of a mining permit. Mr. Palmer Peterson and Mr. Otto Ped will be present at the meeting to present their concerns to the Council. . . . BITUMINOUS ROADWAYS, INC. 2825 CEDAR AVENUE SOUTH � MINNEAPOLIS,MINNESOTA 55407 � PHONE (612) 721-2451 July 10, 1990 R��E'IV�D City of Rosemount '��1� z j �g9� Attn: Ntr. stephen Ji 1k CLERK'S OFFlCE P.0. Box 510 CITY OF ROSEMOUNT 2875 - 145th St. W. Rosemount, MN 55068 Dear Mr. Ji1k: We have talked to Ron Wasmund several times in regards to a problem we have with the seasonal grading permit. He has suggested that I plead my case in front of the City Council as it is not up to him to change an ordinance. I 'm asking for permission to appear in front of the Council to explain to them the prablems we have with the seasonal grading permit. Sincerely yours, BITUMINOUS ROADWAYS, INC. � ,p/h-wc .�c��Z��_____ �� Palmer G. Peterson President C.C. Otto Ped t�( 1 j P.O. BOX 510 ✓1i2� OJ 2875-145TH ST. W. O��nO'tM 2 ROSEMOUNT. MINNESOTA 55068 /r�� V!�/1�L 612-423-4411 June 26, 1990 4+1L��'a�.y: t" ^ � J � O� N Mr. Palmer Peterson ��,,,'�1�" U �s9� � C.:,E�,i �;,.,��- v Bituminous RosdNaya Inc. ,E•` $lj',(��j�=, ,'-�-r1 '� 2825 Cedar Ave. South �; RO '��s Minneapolis, Mn 55407 �D�yAr$ ��' Dear Mr: Peterson: After� your� letter dated May 3rd, 1990 and aur meeting of May 23, 1990, there are two remsining issues to resolve before iseuing the grading permit for Otto Ped's property. The tMo specific items are: 1. The dates of permit validation for seasonal completion. 2. Remaining stockpiles of material at the end of each season. Your request for the i5th of May to the 15th of May cannot be accommodated by ordinance. A seasonal grading permit is intended to run from the lst of January to tfie 31st of Deaemb�r each calendar year for rvhich a permit is iseued. It is also intended that no stockpiled material remain on eite at the close of the grading sesson. Stockpiled material Mill interfere vith site restoration, a ma�or requirement of seasonal grading. The intent of the seasonal� grading permit in general is to alloK ancillary removal of grenular material during grading activity related to other reasons beside mining. I cannot issue a grading permit until all conditions of my letter dated March 2, 1990 are met, including the two specific items addressed in this letter. If you feel my interpretation is in error or you r►ant to propose a change in the ordinance you may do so by contacting Stephen Jilk, City Administrator in writing and ask to be. placed on the City Council Agenda. Sin rely, Ron Wssmund Building Official {