HomeMy WebLinkAbout02.08.00 Planning Packet
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1.
CALL TO ORDER
2.
APPROVAL OF MINUTES
a)
December 14, 1999
b)
January 11; 2000
3.
PUBLIC HEARINGS
7:00 PM
AGENDA
PLANNING COMMISSION
Regular
February 8, 2000 at 7:00 P.M.
Council Chambers
325 Oak Street
a) Charleswood 3rd Addition Preliminary Plat (continued)
Applicant: Genstar Land Company Midwest
b)
Conditional Use Permit - Extraction, Grading and Mineral Extraction Permit - Lew Wurdeman
Property
Applicant: Friedges, Inc.
c) Conditional Use Permit - Extraction, Grading and Mineral Extraction Permit - Helen M. Huber
Property
Applicant: Friedges, Inc.
4. DISCUSSION
a) None
5. ADJOURN
Planning Chair:
Planning
Commissioners:
City Staff:
Dirk Rotty
Todd Larson, Chaz Johnson, Ben Barker, Dan Privette
David L. Olson, Community Development Director
Lee Smick, Planning Coordinator
Michael Schultz, Associate Planner
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City of Farmington
325 Oak Street, Farmington. MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
FROM:
Michael Schultz
Associate Planner
SUBJECT:
Charleswood 3rd Addition
DATE:
February 8, 2000
INTRODUCTIONIDISCUSSION
The applicant, Astra Genstar Partnership, L.L.P., 11000 W. 78th Street, Suite 101, Eden
Prairie, MN, is requesting to continue the public hearing to the February 22, 2000
Planning Commission meeting in order to complete necessary changes to conform with
the City's Wetland Ordinance.
The Planning Commission's next meeting is scheduled for February 23, 2000 due to the
City Council meeting scheduled for the 22nd because of the City Holiday on the 21st.
Staff will inform the applicant of the change in the meeting date.
REQUESTED ACTION
Recognize the applicant's request and continue the public hearing to the next scheduled
Planning Commission date on February 23, 2000.
R:Spect~Y.SU~rd,
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"'Michael Schu1t~' ' tI .
Associate Planner
cc:
Steve Juetten, Genstar Land Company
SENT BY:GENSTAR MIDWEST
2- 2- 02:54PM
GENSTAR MIDWEST~
612 4632531;# 2/ 2
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GENSTAR
Genstar Lend Company Midwrlst
11000 W9$t 7Brh Srreet
Suite 201
Edliln PrairIe. MN 55344
lei: (512) 942-1844
Fax; (612) 942-8015
J"ebruary 2, 2000
Mr. David Olson
Conununity Developnlent Director
City of Farmington
325 Oak Street
Farminbrton, Minnesota 55024
Rc: Charleswood )rd Addition.
Dear Mr, Olson:
Pursuant to our discussion, Astra Genstar Partnership, L.L.P. requests the Planning
Commission continue the review of the Charlcswood 3rd Addition lmtil Fchnmry 22,
2000,
Based on Ollr recent meetings and your subsequcnt correspondence, we need additional
time to make the nccessary ehanges to conform to the City Ordinances. It is my opinion,
that the plans that we will he suhmitting next week will meet with your approval.
Thank you in advance for your cooperation and we look. lorward to discussing
Charleswood 3rd Addition with you and the Planning Commission. Please contact me if
you have any questions.
Sincerely.
Genstar Land Company Midwest
Steven P. Juetten
Development Mc.Ulager
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cl.farminilon.mn.us
TO:
City Planning Commission
FROM:
Lee Smick, AICP
Planning Coordinator
SUBJECT:
Extraction, Grading and Mineral Extraction Permit - Lew Wurdeman Property
DATE:
February 8, 2000
INTRODUCTION
Friedges Landscaping, Inc. has submitted an Extraction, Grading and Mineral Extraction
application on behalf of Lew Wurdeman for continued mining of the Wurdeman property at
5827 West 210th Street.
DISCUSSION
Conditions of a Extraction, Grading and Mineral Extraction Permit
Sections 3-22-5 through 3-22-8 outline the requirements for approval of Extraction, Grading and
Mineral Extraction application permits and annual renewals of the permit. The Planning
Commission and City Council review the initial application for mining a new site. The permit
must be renewed yearly to assure compliance with the longer range overall plan and retain the
ability to modify existing or to attach new conditions in accordance with changing characteristics
of the site or surrounding areas.
The City Administrator may approve the renewable annual permit, after consultation with
appropriate City staff. If the permit is denied, the applicant may appeal the decision to the City
Council.
If a permit does not meet the conditions of the Extraction, Grading and Mineral Extraction
Chapter of the City Code, the permit may be terminated and reinstatement of the permit may be
granted upon approval of a conditional use permit.
Reasons for a Conditional Use Permit for Reinstatement of the Wurdeman Mining Operation
A letter from Lee Mann, City Engineer was sent to Mr. Wurdeman on January 17,2000 stating
that the mining permit for the property had expired because the deadline (December 17, 1999)
for the renewable annual permit was not met. The City received the extraction application
permit for the Wurdeman mining pit on January 19, 2000. Therefore, a Conditional Use Permit
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for an Extraction, Grading and Mineral Extraction permit is required for the Wurdeman property
before the permit can be reinstated.
Background of the Wurdeman Mining Pit
The Wurdeman mining pit has been in operation since the City Council approved the first
application on March 8, 1995. At that time, it was proposed that approximately 5,000 yards was
to be moved into the site and 50,000 yards was to be moved out and the excavation was proposed
for 20 feet in depth.
Annual renewals for mining of the Wurdeman property have been approved since December of
1995, The pit has been mined continually under the approved renewable annual permit until the
permit expired on December 31, 1999.
Inspection of the Wurdeman Mining Pit
City staff inspected the mining pit in November of 1999 and found that the operation was
meeting the requirements of the City Code. However, staff acknowledged that concrete stored
from the CSAH 50 road project might be located on portions of the Wurdeman site. Staff
recommends that the applicants determine the location of the concrete and prepare a plan to
remove the concrete.
The engineering division reviewed the permit application and has made comments on certain
requirements in the City Code that are attached.
ACTION REQUESTED
Approve the Conditional Use Permit for Excavation, Grading and Mineral Extraction Permit for
the Wurdeman property contingent on a plan to locate and remove concrete remaining from the
CSAH 50 project and adherence to engineering requirements.
Respectfully submitted,
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Lee Smick, AICP
Planning Coordinator
cc: Lew Wurdeman, 5827 W. 2 10th Street
Friedges, Inc. 9380 W. 202nd Street Lakeville, MN 55044
SUBJECT PROPERTY
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C5~O~[Q)@J~~, INC.
9380 W. 202nd Street. Lakeville, MN 55044
Phone: (612) 469-2996. Fax: (612) 469-1755
EXCAVATING AND LANDSCAPE CONTRACTORS
January 3, 2000
Lee Smick, Planning Dept.
CITY OF FARMINGTON
325 Oak Street
Farmington, MN 55024
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Re: Lew Wurdeman (Mining Property)
Dear Lee:
Weare submitting this letter in addition to our application to renew
the mining permit on the above property.
The intent of the Wurdeman Pit is to extract fill (sand) to bring to
our projects in the area.
It is possible that we would occasionally back haul topsoil to assist
in our future restoration.
Please call if there are any questions.
Thank you.
Sincerely,
Todd Brennan
TB:lrw
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CITY OF FAAAIlNGTON
JAN I 9 2000
EXCA V A TION, GRADING AND MINE
EXTRACTION APPLICATION
OMe December 1, 1999
Type
No.
Phone 469-2996
~ame of Applicant
Friedges Landscaping, Inc.
AdM~S 9~80 202nd Street W Lakeville, MN 55044
Location of Ope~tion
5827 West 210th Street
Farmington, MN 55024
Name and Address of Land Owner
Lew Wurdeman
5827 W 210th street Farminqton, MN 55024_
Dimensions of area in which work will take place
See Attached Blueprints
Maximum depth of excavation 20 fee t ~a."(,imum height of fill
Change in site elevations t~IIl ft: Estimated quantity to be moved: In 5 , 000
-0-
Yds Qu05, 000 Yd~
Date operation will start
March 2000
Date operation will end December 31. 2000
Nannal days of operation Monday thru Saturday
Hours 7 : 00 ;:l m to 5: 00 pm
Does applicant plan to:
1. Fence the operation ? should not need
3. Postwarningsigns? yes
4. Arrange for proper drainage? yes
S. Arrange for noise suppression? will not need - will observe
f). Observe a buffer frolll boundArv' lines? : ye s . - 1 5 I to 20 I
7. Repair streets damaged frolll operation? ' blade road and rock if needed
8. Fllrnishbeforeandaftertopos? if' required
9. Furnish a-bond to the City?" yes .
10. Funtish a Certifitate ofIllsurance? yes
Fee: Based on schedule of fees under Resolution R : S valid from
throogh ()
Dale De~~mh~r '. 1 999 ~~~{. ~ _
Application (approved, denied) by the City Council this day of
19__
Date
City Clerk
-0-
....61
683 vds
575 vds
620 yds
5,155 vds
2,951 vds
. 1 ,122 vds
978 yn~
19,276 yns
21,429 vds
1 . R11 y~~
2,451 vn~
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Dear applicant,
Your original permit was approved with a specific condition outlined in 9. memo by the City
Engineer at the time it was granted.
"The contl'actor shaH prupide the City with monthly reports that identify the quan-
tity of materials removed and/or placed in the exClI11ation. "
Please complete this form and return it with your renewal application. This is a necessary
condition before a renewal can be granted.
Amount of Material
Removed Replaced Monthly Total
(check) (check) (indicate month)
x January 1999
x February 1999
x March 1999
x April 1999
x May 1999
?- June 1999
v July 1999
v August 1999
y September 1999
x' October 1999
v November 1999
y December 1999
Permit Operatex:-/Campany
Lllcation of Mining/Grading
Date 1 I "J I 00
~ ,
Please return -with your renewal application, fee and surety agreement by
Thank you.
City of Farmington
325 Oak Street
Farmington, MN 55024
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SURETY AGREEMENT L r.OR MJ:NIXG EX:rRACTION PLAN
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AGlUISMEN'I' datea this ..l2.L day of
December , 1999 by and
between the City of Farmington, a Minnesota municipal corporation
(City) and FrLedqes Landscaoinq, Inc.
(The Operator) .
WHEREAS, the City has approved the Operator's plans
and specifications for said mining and/or excavation subject to the
conditions setforth below.
NOW THEREFORE, in consideration of the above and other good
and valuable consideration, the Parties hereby agree as follows:
The Op~rator agrees to ~onstruct such ~equired improvements
according to the provisions of the plans and specifications
attached as Exhibit "A" and inco:z:porated herein by reference. The
Operator agrees to dedicate such property or easements as
designated in Exhibit "B" attached and incorporated herein by
reference. The Operator, further agrees to comply with .2ll such
additional conditi~ns, as may have been, established by the City in
Exhibit pCP, which is attached and incorporated herein by
reference.
To guarantee completion and compliance with the terms of this
Agreement the Operator shall furnish the City with a cash escrow or
irrevocable letter of credit from a bank for $
N/A
This
Agreement and surety is provided to guarantee completion and
compliance with the terms set out in this Agreement within the time
period established by the Planning Commission. Both the bank and
the form of the letter of credit shall be subject to the approval
of the City Aaministrator. The security shall be for a period
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ending
December 31, 2000
If the required improvements are
not completed, or the terms of the Agreement are not fully
satisfied, at least thirty (30) days prior to the expiration of a
letter of credit, the City in its' sole discretion may draw down
the security, without any prior notice, and for any violation of
this Agreement.
The City may review annually. the adequacy of the bond, surety
or letter of credit. The City reserves the right to at anytime
direot the amount of the bond or the letter of credit to be
increased to reflect inflation, changed conditions, or compliance
with this Agreement.
"The Operator",
Friedges 4~~dsca~ing~ Inc
City of Farmington,
By:
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It's Ma.yor
By: I
By:
nIt's orClerk
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Merchants Bonding Company
2100 FLEUR DRIVE, DES MOINES, IOWA 50321-1158
LICENSE AND PERMIT BOND
BOND No. MN 21516
Know All Men By These Presents:
That we, Friedges Landscaping, Inc
of the City of Lakeville , State of Minnesota ,as Principal,
and the MERCHANTS BONDING COMPANY (Mutual), a corporation duly licensed to do business in the State of
Minnesota
, as Surety, are held and firmly bound unto the
City of Farmington, 325 Oak, Farmington, Minnesota 55024
, Obligee, in the penal
sum of Fifty Thousand and No/IOO ($ $50,000,00 ) DOLLARS,
lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made,
we bind ourselves and our legal representatives, jointly and severally by these presents.
. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas, the said Principal has been licensed
to do Gravel Mining at the Wurdeman Pit per Gravel Pit Use Permit
by the said Obligee.
NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws
and ordinances, including all Amendments thereto, appertaining to the license or permit applied for, then this
obligation to be void, otherwise to remain in full force and effect until
unless renewed by Continuation Certificate.
December
31st
2000
This bond may be terminated at any time by the Surety upon sending notice in writing, by certified mail, to the clerk
of the Political Subdivision with whom this bond is tiled and to the Principal, addressed to them at the Political
Subdivision named herein, and at the expiration of thirty-five (35) days from the mailing of said notice, this bond shall
ipso facto terminate and the surety shall thereupon be relieved from any liability for any acts or omissions of the
Principal subsequent to said date.
Dated this
2nd
day of
February
2000
Friedges Landscaping, Inc
/~t'ItL
Principal
.
Principal
By
ING COMPANY (Mutual)
LP 0206 (12/95)
Attorney-In-Fact
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CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
/)JJIl/JdS01z;...
J)ftRoIL
On the 2nd day of February 2000 , before me personally
appeared, LAN L-- ;J . A LL{~ to me, who being duly sworn, did depose and
say: that s/he resides in that s/he is the ('D~ '(1) ft \L 5" ~<!. 1 ~ (~
of the Friedges Landscaping, Inc the corporation
described in and which executed the foregoing instrument; that s/he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corporation; and that s/he signed herlhis
name thereto by like order. , J.
(SEAL)ll e,~.-;::=.:::::=M--;:~t.." Nb~j d~-4orvi
I ~ Notary Public-Minnesota ~. U
" My Comm, Expires Jan. 31. 2005 1
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ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF MINNESOTA
COUNTY OF RAMSEY
On the 2nd day of February , 2000 before
me personally appeared, M, A. Jones to me known, who being
duly sworn, did say: that s/he resides in the City of St. Paul, MN that s/he is the aforesaid
officer or attorney in fact of Merchants Bonding Company (Mutual)
a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said
corporation; and that said instrument as signed and sealed on behalf of said corporation by
the aforesaid officer, by authority of its board of directors; and the aforesaid officer
acknowledged said instrument to be the free act eed of said corporation.
(SEAL)
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:tu~~,~......~AN C CONVERSE
~ /~~ NOTARY PUBLIC, MINNESOTA
1 ~" RAMSEY COUNTY
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Merchants Bonding Company
(MUTUAL)
POWER OF ATTORNEY
.
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the
laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted
and appointed, and does by these presents make, constitute and appoint
Litton E. S. Field, Jr., M. A. Jones, F. E. Launstein
of St. Paul and Stale of Minnesota its true and lawful Attorney-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all
bonds, undertakings, recognizances or other written obligations in the nature thereof, subjecllo the limitation that any such instrument shall
not exceed the amount of:
FIVE MILLION ($ 5 ,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney-In-Fact,
pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws
adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992.
ARTICLE II, SECTION 8, - The Chairman of the Board or President or any Vice President or Secretary shall have power and author-
ity to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE II, SECTION 9. - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused theslU2!esents to be signed 2Y. its President and its
corporate seal to be hereto affixed,this 3RD day of NOVEMBER , 1 ~99 .
STATE OF IOWA
COUNTY OF POLK ss
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MERCHANTS BONDING COMPANY (MUTUAL)
.
By ~ 7ayt:-
President
On this 3RD day of NOVEMBER. , 1999 , before me appeared Larry Taylor, to me
personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL). the
corporation described in the foregoing instrument. and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and sealed in behaff of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa. the day and year first
above written.
STATE OF IOWA
COUNTY OF POLK ss,
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Notary Public. Polk County, Iowa
MSC 0814 (2198)
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certity that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL). which is still
in force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on
this 2nd day of February 2000. ... iJ.....
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.c. Field & Company
o North Robert Street
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tn: Carole Matson
FAX (651)227-0507
PAGE: 002-003, ,;
DATE (MMft)D{VY)
01/17/2000
T/-IIS CERT ED A R
ONLY AND CONFERS NO RIGHTS UPON THE CERTlACATE
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9380 202nd St.
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saltPTlON OF OPERATIONS/LOCATIONS/VEHlCLES/SPEClAL ITEMS
:>ject: Lew Wurdeman Pit, 5827 W 210th St, Ll'"I'-;ngT:on, MN; excavation, grading & mining extractions
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City of Farmington
325 Oak St.
Farmington, MN 55024
EXI"IRA1l0N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
_3..9_ DAYSWRllTEN NOTICE TO THE CERTIACATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBU GATl ON OR UABIUTY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTAllVES,
i ,\' JTHORIZED REPRESENTAllVE ,.-,
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
January 17,2000
Mr. Lew Wurdeman
5827 W. 210th Street
Farmington, MN 55024
Dear Mr. Wurdeman,
The Excavation, Grading and Mineral Extraction Permit for your property is now
expired. The application deadline of December 17, 1999, was not met as required in the
City's previous correspondence to you.
.
If you would like to apply for a new permit, please see the enclosed information sheet for
instructions on how to proceed. If you are not applying for a new permit, the property
must be inspected and officially closed.
Please contact me at 651-463-1601 if you have any questions or would like to begin
officially closing the Mineral Extraction Permit for your property.
Sincerely,
"dm~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
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cc: file
w..f(aren Finstuen
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6.
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City of Farmington
325 Oak Street, farmington, MN 55024
(651) 463-7111 fax (651) 463-2591
www.ci.farmin~on.mn.us
TO:
Lee Mann) Director of Public Works/City Engineer
FROM:
Dave Sanocki) City of Farmington Engineering Division
SUBJECT:
Huber (Excavation) Grading and Mineral Extraction Application)
DATE:
January 28) 2000
I have reviewed the above referenced excavation) grading and mineral extraction application and
forward the following comments:
The name of applicant on previous permits submitted has been the property owner. Friedges
Landscaping) Inc. has been listed as the applicant for this permit.
The name and address of the landowner should be corrected to reflect the current owner(s) of
the property.
The bond submitted with the application expires on April 1) 2000. A bond covering the
duration of the permit should be requested.
There are bags of garbage on the site that must be removed. The permit application should
include a date when this will be completed.
All concrete material and debris must be removed from this site. The permit application
should include a date when this will be completed.
Previously disturbed areas have not been reestablished with topsoil) seed and mulch. All
areas not proposed to be disturbed through this permit should be established with topsoil)
seed and mulch.
If you have any questions regarding these comments) feel free to discuss them with me.
SincerelYffJ K A.J:
Dave Sanocki
City of Farmington
cc: file
Lee Smick) Planning Division
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. Mr', Lew Wurdeman
5827 West 210th St. ,,' . ,
F_armhigton, MN 55024
Subject: Mineral Extraction Permit .
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Dea~ Mr. Wurdeman,
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.. . The City of Fal11lirigton h~~ a:p~r~y~d y~ur request f~ta'h1irietal' extraction 'pe~t' on ' .
. '. . -. - ,your property at 5827. West 210th "Street: Attached you will fmd'a completed pemut'., :',"" .
for y'our records. A1"'ofth~ 'ne~~.~s;uY.~fe~~:~d '~Ocuments have been received by. the.,'.. --',
,City. '.This letter is to inform you tlia~ you may- proceed with your mineral extra6tion, - ,:
- operations, per the Permit..' The conditions of the Permit are outlfued in th~ atta9hed .' .: ,
, Me.mo to the Mayor and CounciL '~. '., - :, ,. ,,' .... '," .
. ". .. .: " "
" . Please'iubmit ari a~ual report 't~ m~"~:December 1995 ~dicatin~' ho~ -inu~h"~aterial': :: > ,.'.. ."",
. . has been extracted: Thi~ perm.It expiJ;es. Oli Dece~ber ,31; ~ 99~.' ' It 'can be reIlewe4 by . ..-.: ,,: , ....
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CITY OF FARMINGTON
EXCA V A TION, GRADING AND MINERAL
EXTRACTION APPLICATION
'4
Date JANUARY 12, 1995
No.
Type
Name of Applicant
FRIEDGES LANDSCAPING INC
Phone 469-2996
Address 9380 202ND ST WEST, LAKEVILLE, MINNESOTA 55044
5827 WEST.210TH ST., FARMINGTON, MINNESOTA 55024
Location of Operation
....
Name and Address of Land Owner LEW WURDEMAN
MINNESOTA 55024
5827 WEST 210m ST, FARMINGTON,
Dimensions of area in which work will take place
SEE BLUE PRINT
Maximum depth of excavation
Maximum height offill
-0-
20 FEET
Change in site elevations h2~R ft; Estimated quantity to be moved: In 5000
Yds Out 50.000 Yds
Date operation wiJ) start APRIL 1, 1995
Date operation wiJ) end DECEMBER 30, 1995
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Nonna! days of operation MONDAY THRU SATURDAY
Hours 7:00 A.M. to 5:00 P.M.
Does applicant plan to:
. ..,.
1. Fencetbeoperation? SHOULD NOT NEED
3. Postwarningsigns? YES
4. Arrange for proper drainage? YES
5. Arrange for noise suppression? WILL NOT NEED - WILL OBSERVE
6. Observe a buffer from boundary Jines? YES 15' to 20'
7. Repair streets damaged from operation? BLADE ROAD. ADD ROCK IF NEF.DEl)
8. Furnish before and after topos? IF REQUIRED
9. Furnish a bond to the City? YES
10. Furnish a Certificate ofInsurance? YES
Fee: Basedou, h dul o~es.oderResol.tiouRJ-'i';:-, s~~rrom .$A5"
thrO~gh?, . ,?., d{ ~
Signature of Applicant
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APelicatio.(!;;~ro~ denied) by the City Council this r.o day of
191~
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MEMO TO: MAYOR AND COUNCIL
. SUBJECT: MINERAL EXTRACTION PERMIT - WURDEMAN PROPERTY
.
DATE: MARCH 2, 1995
I have reviewed the application for a mineral extraction'permit
submitted by Lew Wurdeman~ of 5827 210thStreet. A copy of the
permit was sent previously. Notices of ,the hearing were sent
to neighboring property owners.
..;.
This permit would be an expansion of the existing permits that
have been approved for the Huber property. These m~n~ral extraction
operations are being conducted by Friedge's Landscaping of Lakeville.
City staff reviewed the existing operations and found they meet the
conditions of the permits issued. It can be assumed that the operation
will continue in a similar manner as it expands on the Wurdeman
property. The approval of this permit will bring the total of
material removed to 175,000 cu~i~:::Ya.rd~::
. "
It is my 'recommendation that the' Counciiapprove the permit with
the following conditions: '
, '. '. ',' . .
. \ '. . f. . .
1. Provision of $50,000 surety
2. Payment of 1995 permit fee of $500
3. Submittal of a certification of insurance
4. Applicant to reimburse the City for staff review time
5. Designated haul road shall be the same road utilized from the
Huber site. The application shall be responsible for main-
taining the public roads. The applicant shall make the
necessary repairs as directed by the Public Works Director.
6. Warning signs shall ,be posted on CSAH 50 whenever trucks are
hauling material.
7. The site shall be rehabilitated by spreading a minimum of 6"
of topsoil over all disturbed areas. Seeding and mulch shall
follow as soon as practical after placement of topsoil. Rehabili-
tation shall be done promptly as the extraction site is depleted.
No slopes shall exceed 3:1.
8. The applicant shall maintain all erosion control methods through-
out the useful life of the project. The repairs shall be made
as directed by the Public Works Director.
9. No floodplains or wetlands exist within this site. The water
table is estimated to be 10 feet below the lowest point of the
excavation and no impact is anticipated. The applicant shall
protect all water resources.
10. All weeds on the site must be mowed regularly and kept under
control per applicable regulations.
.
.
.
11.
The City Planner has reviewed the site plan and has indicated
that it is consistent with the City's comprehensive plan.
No review by the Planning Commission is necessary.
, '
,All applicable setbacks shall be met.
Warning signs shall be posted at the top of all steep slopes
at 100 foot int~rvals.
No debris and/or junk may be store~ or buried on the site.
All large boulders exposed by the operation shall be buried
when 'the operation is complete.
The hours of operation shall be Monday through Saturday, from
7:00 A'.M. to 5:00 P.M.. These hours may be ~xtended by the
'Public Works Director upon'requ~stof the applicant.
, ,
Sedimentation ponds shoWn on the plans are to be' temporary in
nature. They are to be elimnated when the drainage area has
been rehabilitated per City standards. The applicant will be
responsible for removing silt fences once the rehabilitation plan
has been implemented.
12.
13.
14.
15.
16.
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City Engineer
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cc: file
Development Committee
Lew Wurdeman
Friedges Landscaping
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cI.tarmin~on.mn.us
TO:
City Planning Commission
FROM:
Lee Smick, AICP
Planning Coordinator
SUBJECT:
Extraction, Grading and Mineral Extraction Permit - Helen M, Huber Property
DATE:
February 8, 2000
INTRODUCTION
Friedges Landscaping, Inc. has submitted an Extraction, Grading and Mineral Extraction
application for continued mineral extraction of the Helen W. Huber property at 210th Street and
Fairgreen Avenue.
DISCUSSION
Conditions of a Extraction, Grading and Mineral Extraction Permit
Sections 3-22-5 through 3-22-8 outline the requirements for approval of Extraction, Grading and
Mineral Extraction application permits and annual renewals of the permit. The Planning
Commission and City Council review the initial application for mining a new site. The permit
must be renewed yearly to assure compliance with the longer range overall plan and retain the
ability to modify existing or to attach new conditions in accordance with changing characteristics
of the site or surrounding areas.
The City ,Administrator may approve the renewable annual permit, after consultation with
appropriate City staff. If the permit is denied, the applicant may appeal the decision to the City
Council.
If a permit does not meet the conditions of the Extraction, Grading and Mineral Extraction
Chapter of the City Code, the permit may be terminated and reinstatement of the permit may be
granted upon approval of a conditional use permit.
Reasons for a Conditional Use Permit for Reinstatement of the Huber Mining Operations
The City received the renewable annual permit for the Huber mining pit on January 19, 2000. As
noted above, the annual permits are renewed yearly and mining operations are approved to begin
at the start of the calendar year,
.
In November of 1999, Mr. John Tshohl who owns property directly to the west of the Huber
property requested that the City review the Huber site for code violations for the storage of junk
vehicles and miscellaneous junk on the property. Additionally, he requested the City review the
violation of a temporary concrete recycling permit that required the concrete to be removed by
October 25, 1996 (see letter dated December 6, 1999, Mr. Tschohl).
City staff inspected the mining pit in November of 1999 and found that concrete from the CSAH
50 project continues to be stored on the site. Additionally, rubbish was located in the southern
pit area, which needs to be removed regularly as stated in Section 3-22-14 (B) of the City Code.
Temporary Concrete Recycling Permit
On February 14, 1996, the Director of Public Works/City Engineer presented a staff memo to the
City Council stating that the renewable annual permit for that year was for the storage of
concrete materials from the CSAH 50 project (see attached memo). The requirements of the
permit stated the following:
The storing of these recyclable materials will be restricted between the following
dates:
Start up
Completion of crushing
Removal of recyclable material from site
May 15, 1996
September 15, 1996
October 25, 1996
. At this time, some concrete remains on the site creating a violation of the City Code and
requiring a Conditional Use Permit for the reinstatement ofthe renewable annual permit.
Background of the Huber Mining Pit
The Huber mining pit has been in operation since the City Council approved the first application
on June 8, 1994. At that time, 2 acres of the site was mined and it was proposed that
approximately 5,000 yards was to be moved into the site and 50,000 yards was to be moved out.
Additionally, the hours of operation were restricted by the City Council to 9:00 AM to 5:00 PM
on Saturday rather than the requested start time of 7 :00 AM. Hours of operation during the week
were approved from 7:00 AM to 5:00 PM Monday through Friday.
Annual renewals for mining of the Huber property have been approved since December of 1994.
A letter is attached dated December 3, 1999 addressed to Mr. John Tschohl containing the dates
of renewal for the mining permit approvals for the Huber property. Mr. Tschohl has concerns
over the mining operation and this information was sent to him per his request. As shown in the
letter, from 1994 to 1999 the mining permit has been approved by the City Council.
Code Violations concerning Junk Vehicles and Miscellaneous Junk
.
Separate from the Extraction, Grading and Mineral Extraction application permit, the City has
determined that there are a number of code violations on the property, As shown by the attached
pictures, junk vehicles, abandoned fishing houses and other miscellaneous junk are deposited on
the Huber property. Section 3-3-3 states that the abandonment of vehicles in any place within
the City is prohibited.
. A letter dated December 21, 1999 from the Attorney for the Estate of Helen Huber have reported
that the heirs of the estate have discussed cleaning up the farm and removing the collection of
old equipment and structures from the property. As stated in the letter, "the heirs believe that the
clean up will be completed by the spring of2000."
However, City staff has reviewed the requirements in Section 3-22-14 for the appearance and
screening of the extraction site and has determined that storage of inoperable equipment and
rubbish is required to be removed from the site regularly. Although most of the junk vehicles
and miscellaneous junk is not a part of the mining operation, it is directly adjacent to the
extraction site and reflects on the appearance of the property.
Additionally, in Section 3-22-6 of the City Code, the City Council upon recommendations of the
Planning Commission may attach conditions to the permit approval to promote safety and
prevent nuisance conditions on extraction sites. City staff has determined that the code
violations on the Huber property are a nuisance and recommends that the Planning Commission
approve the Extraction, Grading and Mineral Extraction permit contingent on the completion of
the clean up of all code violations on the property.
The engineering division reviewed the permit application and the comments are attached.
ACTION REQUESTED
.
Approve the Conditional Use Permit for Excavation, Grading and Mineral Extraction Permit for
the Huber property contingent on the completion of the clean up of all code violations on the
property, preparation and submittal of a plan to remove the concrete and rubbish on the site and
adherence to engineering requirements.
Respectfully submitted,
~ fJ /-"-)
Cf/-a ~~
Lee Smick, AICP
Planning Coordinator
cc: Curt Huber, 20655 Holiday Avenue Lakeville, MN 55044
Friedges, Inc. 9380 W. 202nd Street Lakeville, MN 55044
.
SUBJECT PROPERTY
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[2[gJO~[Q)@~~, INC.
9380 W. 202nd Street. Lakeville, MN 55044
Phone: (612) 469-2996' Fax: (612) 469-1755
EXCAVATING AND LANDSCAPE CONTRACTORS
January 3, 2000
bJrg@~O\Yl~ n
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Lee Smick, Planning Dept.
CITY OF FARMINGTON
325 Oak Street
Farmington, MN 55024
Re: Huber (Mining Property)
Dear Lee:
We are submitting this letter in addition to our application to renew
the mining permit on the above property.
The activity of the pit is as follows:
- Extract fill (sand)
- Back haul topsoil for future restoration
- Stockpile concrete from projects for future crushing
- Extract existing crushed concrete stockpile from previous crushing
The area (see attached plan) that we would be extracting from does not include
the southwest comer of the property. The area in question definitely has debris
that needs to be cleaned up and removed from the property.
Friedges will only perform work per plan as submitted.
Please call if there are any questions.
Thank you.
Sincerely,
4
Todd Brennan
TB:lrw
.
;.
I
:.
"
CITY OF FARl\'IINGTON
EXCA V A TION, GRADING AND MINE
EXTRACTION APPLICATION
DMe December 1, 1999
No.
Type
Name of Applicant
Friedqes Landscaoinq, Inc.
Phone 462-2996
Address
9380 202nd street W
Lakeville, MN 55044
Location of Ope1'3tion
?10th street W - Fairqreen Ave
Farmington, MN 55024
Name and Address of Land Owner Helen 1:4 Hnber
/41 nO -Cdn1 in Aup, T.nkP,'ui 11p" MN 55044
Dimensions of area in which work will take place
See Attached Blueprints
Maximum depth of excavation
~a."dmum height offill
~o feet
-0-
Change in site elevations Hi 11ft; Estimated quantity to be moved: In 5 , 000
Yds Out 15, OOOYcls
Date openuion will start 1 / 1 /2000
Date operation will end 1 2 /31 /2000
Nonnal days of operation
Monday tbr'l Sat1lrday
Hours7:00 am to ?OO pm
Does applicant plan to:
1. Fence the operation? will n9t need
3. Postwarningsigns? yes
4. Arrange for proper drainage? yes
S. Arrange for noise suppression? will not need
6. ObserveabufferfroDlboundaryUnes?: yp,!': _ 1t; tn /0 fp,pt
7. Repair streets damaged from openltion?' blade road, add rock if needed
8. Furnish before and aftertopos? yes'
9. Furnish a-bond to the City?- yes
10. Furnish a Certificate ofIl1$urance? yes
Fee: Based on schedule of fees under Resolution R
through
./
December 1. 1~~~
Date
Application (approved, denied) by the City Council this
19__
day of
Date
City Clerk
.I
. Dear applicant,
Your original permit was approved with a specific condition outlined in 11 memo by the City
Engineer at the time it was granted.
"The contractor shall provide the City with monthly reports dIal identify tile quan-
tity ol1tUlteria/s removed and/or placed in the excavation."
Please complete this form and return it with your renewal application. This is a necessary
condition before a renewal em be granted.
Amount of Material
.
2 3~~, yds
476 vds
1 r 714 "yjJ~
9,684 yds
2,921 vds
28,925 vds
120 yds
8.216 yds
30 vds
-0-
-0-
-0-
Removed Replaced
(check) (check)
x
x
x
x
x
x
x
x
x
x
x
x
Monthly Total
(indicate month)
,Tqnllrlry 1 qq9
FAhrlli'lry 1999
March 1999
April 1999
May 1999
June 1999
Julv 1999
August 1999
September 1999
OctohAr 1999
N'n'T~mhAr 1 QQQ
December 1999
Permit Operatel;'/Company
Location of MininglGradin2
Date 1 / 1 / () ()
Please return with your renewal application, fee and surety agreement by
Thank you.
City of Farmington
325 Oalt Street
Farmington, MN 55024
.
H
.-i."'- ..
.
SURETY AGREEMENT~~QR MiNING EXTRACTION PLAN
.
AGlUlmmN"l' dated this --1a day of December
, 1 999 by and
between the City of Farmington, a Minnesota munieipal eorporation
(City) and v Friedqes Landscaoina. Inc. (The Operator) .
WHEREAS, the City has approved the Operator's plans
and specifications for said mining and/or excavation subject to the
conditions setforth below.
NOW THEREFORE, in consideration of the above and other good
and valuable consideration, the Parties hereby agree as follows:
.
The Op~rator agrees to ,construct such required improvements
according to the provisions of the plans and specifications
attached as Exhibit "All and inco:l:porated herein by reference. The
Operator agrees to dedicate such property or easements as
designated in Exhibit "BR attached and incorporated herein by
reference. The Operator, further agrees to comply with s.l..l. such
additional conditi~ns, as may have been, established by the City in
Exhibit "C", which is attached and incorporated herein by
reference.
To guarantee completion and complianoe with the terms of this
Agreement the Operator shall furnish the City with a cash escrow or
irrevocable letter of credit from a bank for S -J;+.jA This
Agreement and surety is provided to guarantee completion and
compliance with the terms set out in this Agreement within the time
period established by the Planning Commission. Both the bank and
. the form of the letter of credit shall be subject to the approval
of the City Administrator. The security shall be for a period
c.
.
.
.
,.'.. -".
. .'
..
ending
December 31, 2000
If the required improvements are
not:. completed, or the terms of the Agreement are not fully
satisfied, at least thirty (30) days prior to the expiration of a
letter of credit, the City in its' sole discretion may draw down
the security, without any prior notice, and for any violation of
this Agreement.
The City may review annually'the adequacy of the bond, surety
or letter of credit. The City reserves the right to at anytime
direct the amount Qf the bond or the letter of credit to be
increased to reflect inflation, changed conditions, or compliance
with this Agreement.
"The Operator",
Fri~pge~~~9nd~~gp;pg, Inc
city of Farmington,
By:
/ ~ d. d..1t-- ,
,
It's Mayor
By: .
BY': L
-qr- w
It's Clerk
\.. ~I
.
Merchants Bonding Company
2100 FLEUR DRIVE, DES MOINES, IOWA 50321-1158
LICENSE AND PERMIT BOND
BOND No. MN21517
Know All Men By These Presents:
That we, Friedges Landscaping, Inc
of the City of Lakeville , State of Minnesota ,as Principal,
and the MERCHANTS BONDING COMPANY (Mutual), a corporation duly licensed to do business in the State of
Minnesota
, as Surety, are held and firmly bound unto the
City of Farmington, 325 Oak, Farmington, Minnesota 55024
, Obligee, in the penal
sum of Fifty Thousand and No/lOO ($ 50,000.00 ) DOLLARS,
lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made,
we bind ourselves and our legal representatives, jointly and severally by these presents.
. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas, the said Principal has been licensed
to do Gravel Mining at the Huber Pit per Gravel Pit Use Permit
by the said Obligee.
NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws
and ordinances, including all Amendments thereto, appertaining to the license or permit applied for, then this
obligation to be void, otherwise to remain in full force and effect until
unless renewed by Continuation Certificate.
December
31st
2000
This bond may be terminated at any time by the Surety upon sending notice in writing, by certified mail, to the clerk
of the Political Subdivision with whom this bond is filed and to the Principal, addressed to them at the Political
Subdivision named herein, and at the expiration of thirty-five (35) days from the mailing of said notice, this bond shall
ipso facto terminate and the surety shall thereupon be relieved from any liability for any acts or omissions of the
Principal subsequent to said date.
Dated this
2nd
day of
February
2000
.
Friedges Landscaping, Inc
.L.~/~
Principal
Principal
MER H NTS BDNDiNG COMPANY (Mutual)
, . {;, j_.J
Attorney-In-Fact
LP 0206 (12/95)
.
.
.
STATE OF
COUNTY OF
CORPORATE ACKNOWLEDGMENT
ml/lJl~Sola...-
JQa.i,J/~
On the 2nd day of February 2000 , before me personally
appeared, L f1rJ c ,4. _ A \..tf,..J to me, who being duly sworn, did depose and
say: that s/he resides in that s/he is the ' , L1., ~~ ~(""k) (
of the Friedges Landscaping, Inc the corporaf n
described in and which executed the foregoing instrument; that s/he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corporation; and that s/he signed her/his
name thereto by like order.
r.-.-.-.-........-........-.
(SEAL) I .... BARBARA JEAN WILLIAMSON
I ' Notary Public-Minnesota 0 ry Pub Ie
, My Comm, Expires Jan. 31. 2005
~._._._._.......-.._._.
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF MINNESOTA
COUNTY OF RAMSEY
On the 2nd day of February 2000 before
me personally appeared, M. A. Jones to me known, who being
duly sworn, did say: that s/he resides in the City of St. Paul, MN that s/he is the aforesaid
officer or attorney in fact of Merchants Bonding Company (Mutual)
a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said
corporation; and that said instrument as signed and sealed on behalf of said corporation by
the aforesaid officer, by authority of its board of directors; and the aforesaid officer
acknowledged said instrument to be the free ac~ deed of said corporati
"'''''-.)
(SEAL) ,
:.AAA.AAAAAAA~~.4.~~4AA~A'A4AAAAi
<I /;w.ii::'., SUSAN C CONVERSE
~ ~..!.il NOTAR.Y ,P,';:,:,, IC.,-!0,I~NESOTA
3 \~w Rfll",'i~.;:' : \)l.'r~TY
. ~..-. My Comm/'s -/ 'r' .' '>' '-'" "I" 31 ''''''5 .
... .): \.I, ....1.j.. ~t'" v;. ... . c.vv >>-
)t "YWn'f."""""tI'"~\~'V\1-"1"\,Y;; 'lV" Yt'j'~'~")(
.
Merchants Bonding Company
(MUTUAL)
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the
laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted
and appointed, and does by these presents make, constitute and appoint
Litton E. S. Field, Jr., M. A. Jones, F. E. Launstein
of St. Paul and State of Minnesota its true and lawful Attorney-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all
bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall
not exceed the amount of:
FIVE MILLION ($5,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney-in-Fact,
pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws
adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992.
ARTICLE II, SECTION 8, - The Chairman of the Board or President or any Vice President or Secretary shall have power and author-
ity to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
.
ARTICLE II, SECTION 9. - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused thes~esents to be signed I;!Y. its President and its
corporate seal to be hereto affixed, this 3RD day of NOVEMBER , 1 !l99 .
.......
.. ,,6 Co...
.. ~~~.. ..... '4t1b..
..t:O~.,f::, v..POI{;..~.
.,_:~ :""\'.;.L~
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......
MERCHANTS BONDING COMPANY (MUTUAL)
STATE OF IOWA
COUNTY OF POLK
~~7+
Pre_I
ss,
On this 3RD day of NOVEMBEIl , 1999 ,before me appeared Larry Taylor, to me
personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the
corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my OIIicial Seal at the City of Des Moines, Iowa, the day and year first
above written.
STATE OF IOWA
COUNTY OF POLK 55
........
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~-e.'" :-..1:
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04 ( lJJC~
Notary Public, Polk County. Iowa
MSC 0814 (2198)
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still
in force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on
this 2nd day of February , 2000 .......
.. ~"G COh..
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"~"f::,\\PO -9";',"~..
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DATE:
DATE (MM,{)D/VY)
01/17/2000
-i HIS CERTIFICA ED AS OF INFO
ONLY AND CONFERS NO RIGHTS UPON THE CERllACATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
'. :'MI'ANY ,- Regenf-filslJrilllceCompany ----, .,............,..,..,..,.........
TIME: 10:25 AM
TO: Lana W.
(612) 46,9"t.7SS
,~/~$I~,J
.c;-,
r
I
I
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651-221-1196 T C Fie
PAGE: 003-003
~
IODUCER (651)227-8405
C. Field & Company
:0., h Robert Street
o 64016
:. aul, MN 55164
tn: Carole Matson
FAX (651)227-0567
ACO
Ext:
"I
A
:luRED...."'''"."''''''".."..""......,..,.."'''..,''"...."...."''''''',,....,,'''''''',,.,,"..""""'"""."".."....",,,"',,,,.....',
Friedges Landscaping Inc.
9380 202nd St.
Lakeville, MN 55044
l_:O~,lP^~~Y
B
I :f)MF'ANY
C
!~,~-~:--
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEl, H1WE ['"EN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR COI"'T/{"'I OF ,\NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE f1f" "'Flf'.oED S' THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN ~1 '" H WE P':;EN REruCED BY PAID CLA.IMS,
f_~t lMPANY
D
....v.".........................""..,....."........................................................................................................... ,_,
~ ~
~I' 'i ,typE OF INSURANCE I POUCYNUMBER
, ~ ~
, l GENERAL UABIUTY l
~ ,
, f'jC\ ClOMMEROAL GENERAL LIABILITY !
.~. . -""'''''' ~
I ci.AJMS MADE j X \ ocaJR j
,'-""'" '"""",' l(CI0261834
, 1 OWNER'S & CONTRACTOR'S PROT l
l:x:l,~.S.,9..9.."'~,~",P~.~,,~,,....~ r..<>,.p.'~"1
PCJGY EFFECTIVE ~ POLICY EXPIRATION i
, Di.TE (MM,VD/VY) " DATE (MMIDD/VY) .
LIMITS
, ,',
.
1'01/1999
;,CENE~~~~<3~".l~.~~~""""J,'~"'".........~,~,,~~9.,!,,2~g
) !"RC>DUCTS - COMP/OP AGG ! $ 1, 000 , 000
.;......".".....;..............."...............................::::.....................................................
j PEn~~oNAL & ADV INJURY I $ 500,000
02/01/ 2000 r~~;;~'t;~~~.~,~:~~':""",::':::t~,:::::::~,:..:::::~~IQQ:;.',9.,~'q:
, !'IRE DAMAGE (Any ons fire) ~ $ 100,000
; MED E~ ~;~~'~~~:~~;"T$..,..''''''''''''''...''''..'5'';''OOO
! AUTOMOBILE UABlUTY
[X] ANY AUTO
! j ALL OWNED AUTOS
~".."..~
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r_N-0WNED AUTOS
r'''''''1
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t.,......~ .............................. .... ........n.........,.
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! GARAGE UABlUTY
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Ca\,1BINED SINGLE LIMIT
! $
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02/01/2000
IJOOILYINJURY
(per ,,,,,,SCfl)
$
BOOILYINJURY
(F'8r a(~(:ident)
$
Prlt)PERTY DAMAGE
$
AUTO ONLY - EA AOODENT
$
t)THER THAN AUTO ONLY:
.
1 EXCESS UABILITY
i...."",
l Xl UMBRELLA FORM
~. ...."..~
! , ~ OTHER THAN UMBRELLA FORM
. l 'WORKERS COf/PENSATlON AND
, i EMPLOYERS' UABIUTY
~
. ! THE PflOPRIETOR/
, j PARTNERS/EXEaJTIVE
. l OFFICERS ARE: .
~ OTHER
Contractors Equipment
~- $4,099,676 Blanket
~
j
~
{I /11!/1999
EAOi AOO DENT $
,,,........................................,,
AGGREGATE $
i EACH OCCURRENCE i $ 4, 000 , 000
02/01/2000 r~OOREG'A~Eu'u....'., ",u'r$muu"""'4";'OOO';"O'OO
fRe.ta'ned'TTmlt"'..lu$..u..""..,,''''''''''''''''''''''''',..,'O
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1 r:L EACH AOODENT' $ 100,000
02/01/2000 IE~?,~~,~~~~,~?~,~,~,~.;.i~',::l,~!~~:,~~::~~:',::::~~:~~,Q~;:Q~i2,'
i EL DISEASE - EAEMPLOYEE j $ 100,000
. $300,000 Max/Item;$250,OOO
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,SCRIPTION OF OPERATlONS/LOCATlONs/vEHICLES/SPEOAL ITEMS
oject: Huber Pit, 210th St & Fairgreen Ave, r- ('milirJton, MN; excavation, rading & mining extractions
-~~~"
~~~ .~~ ~ ~ ~:it,:
~itY of Farmington
Attn: Tom - City Engineer
325 Oak St.
Farmington, MN 55024
CANC~.\<i';"'''~'''~\~''~.
SHOULD ANY OF THE ABOVE DESCRIBED POUOES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREa=, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
3 -2- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
8[IT FAILURE TO MAIL SUa-! NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY
OF tiNY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
,,'.JTHORIZED REPRESENTATIVE
j C'Tl'l e
.
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JA~~ERS & MURIARTY
PAGE 01
bl~"l"l~LtH I
I JASPERS
MORIARTY &
W ALBURG. P.A.
-
-
JEROME JASPERS 0916-)994)
DENNIS PATRICK MORIARTY
STEPHEN W. W ALBURG
LEE VICKERMAN
ANNE HEIMKES mE
MICHELLE L. HEIMKES
AITORNEYS & COUNSELLORS AT LAW
December 21, 1999
Fax Transmittal
(651) 463..2591
City of Farmington
Attention: City Administrator
J2S Oak Street
Farmington, Minnesota 55024
RE: Estate of Helen Huber
Dakota County Probate File No.: P8-99-7896
Dear City Administrator, Mayor and Council Mcmbcrs:
This office represents the Estate ofHeJen W. Huber. Ms. Huber past away on April?, 1999. Her
estate is going through probate in Dakota County; The assets in this estate include the real
property that is legally described as the West One-Half of the Southeast Quarter of Section 26,
Township 114, Range 20, Dakota County, Minnesota. This real property is an old farm site
containing approximately sixty acres that is currently zoned as Agricultural and General Flood
. Plain.
The above property has also been mined by Friedges Landscaping pursuant to a mining extraction
permit issued by the city of Farmington in 1994, and subsequently renewed since that time. There
is cwrently pending before the City a request to renew the permit for the 01-01-2000 to 12-31-
2000 period.
As I stated above, the subject real property is a. part of the Helen Huber Estate. There are no
plans pending to sell the property. The heirs have expressed their desire to have the Estate of
Helen Huber distribute tbe property to them at the time it is closed. At this time the anticipated
dosing date for the estate is November of the year 2000, That closing datc is contingent on the
estate receiving the Federal Estat~ Tu Clc;1sing Letter from the Internal Revenue Service.
206 SCOlT STREET · SHAKOPEE, MINNESOTA 55379
TELEPHONE (612) 445-2817/ FAX (612) 445~0812
E-MAIL: dmori8J1Y@jrnwlaw.comlvickennan@jmwlllw.ctlmmheimkes@jmwlaw.com
swalburg@jmwlaw.com atuttle@jmwlaw.com
l~/~~/l~~~ l~:l~
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JA~~~~~ ~ MUKiHKIY
t-'A\:l~ ~~
;.
.
City of Farmington
December 21) 1999
Page two
!
The heirs of the estate have discussed cleaning up the farm) and removing the collection of old
equipment and structures that Ms. Huber's husband. Royal Huber. kept on the fann. Mr. Huber
predeceased Ms. Huber. The estate and the heirs believe that the clean up will be completed by
the spring of2000.
Please feel free to contact me, ifthere are any questions regarding the estate.
Very truly yours,
l?J:t::: & WALBURG, PA
Lee Vickerman
Attorney at Law
LV:rw
.
Cc: Curtis Huber
:-
I
:.
"
3-22-1
.
SECTION:
3-22- 1:
3-22- 2:
3-22- 3:
3-22- 4:
3-22- 5:
3-22- 6:
3-22- 7:
3-22- 8:
3-22- 9:
.
3-22-10:
3-22-11 :
3-22-1 2:
3-22-13:
3-22-14:
3-22-15:
3-22-16:
3-22-2
CHAPTER 22
EXCAVATIONS AND MINING
Purpose and Intent
Definitions
Permit Required
Exemptions From Permit Requirements
Applications for Permits: Procedures. Contents of Applications
Council Review and Approval of Overall Plan;
Function of Renewable Annual Permits
Termination of Permit
Annual Permits; Renewal: Conditions
Issuance of Permit Imposes No Liability on City and
Relieves the Permittee of No Responsibilities. etc.
Fees
Performance Bond or Irrevocable Letter of Credit
Standards - Extraction Site Location
Fencing
Appearance and Screening at the Extraction Site
Operations: Noise; Hours; Explosives; Dust; Water
Pollution; Topsoil Preservation
Rehabilitation Standards
3-22-1: PURPOSES AND INTENT: The purpose of this Ordinance is
to promote the health. safety and welfare of the community
and to establish reasonable uniform limitations, standards, safeguards and
controls for excavation and mining within the City.
3-22-2:
-
DEFINITIONS: The following words. terms and phrases shall
have the following meanings respectively ascribed to them:
A. Any excavation made by the removal of the
natural surface of the earth, whether sod, dirt,
soil. sand. gravel. stone, or other matter.
creating a depression or depressions,
MINE or EXCAVATION:
These provisions prevIously suoplemented 772:480:883:584:686;789:891
.
1092
City or Farmington
3-22-2
3-22-4
.
Mine or Excavation
(cont.)
B. Any area where the topsoil or overburden
has been removed for the purpose of mining
earthly deposits or minerals. yet the area has
remained idle since the topsoil removal.
C. Any area that is being used for stockpiling,
storage, and processing of sand, gravel. black
dirt, clay and other minerals.
OVERBURDEN:
Those materials which lie between the surface
of the earth and material deposit to be
extracted.
REHABILITATION:
To renew land :OJ self-sustaining long term use
which is compatible with contiguous land uses,
present and future, in accordance with the
standards set forth in this Chapter,
TOPSOIL:
That portion of the overburden which lies
closest to the earth's surface and supports the
growth of vegetation,
.
3-22-3: PERMIT REQUIRED: Except as otherwise provided in this
Chapter, it shall be unlawful for anyone to operate a mine or
excavate without having first obtained a written permit from the City
authorizing the same in accordance with this Chapter. Mining and
excavation operations that predate this Chapter that do not have a permit
shall obtain a permit within six (6) months after the adoption of this
Chapter. Current permit holders shall come into compliance with the terms
of this Chapter no later than the time their annual permit is renewed,
3-22-4:
EXEMPTIONS FROM PERMIT REQUIREMENTS: The follow-
ing activities do not require a permit under this Chapter:
(A)
Excavation for a foundation, cellar or basement of a building if a
building permit has been issued.
(B)
Grading a lot in conjunction with building if a building permit has
been issued.
(C)
Excavation by the Federal, State, County or City government which
.
1092
City of Farmington
3-22-4
.
(D)
(E)
(F)
(G)
(H)
3-22-5:
.
.
3-22-5
is integral to construction or maintenance of roads, highways or
utilities,
Curb cuts. utility hookups or street openings for which another permit
has been issued by the City,
Excavation of less than one thousand (1.000) cubic yards in a
calendar year.
Excavation of less than one hundred (100) square feet of surface
area in a calendar year.
Excavation or grading for agricultural purposes.
Excavation or grading in accordance with development contract
approved under the City's Subdivision Ordinance. If the development
contract requires that a letter of credit or other security be postea.
the letter of credit or other security must be posted before any
excavation takes place. (Ord. 092-278, 8-3-1992)
APPLICA TIONS FOR PERMITS: PROCEDURES. CON-
TENTS OF APPLICATIONS:
(A)
An application for a mine or excavation permit shall be processed in
accordance with the same procedures and requirements specified in
the City Code relating to conditional use permits, However, the
hearing shall be held by the City Council following a review and
recommendation from the Planning Commission. All applications
dealing with land in flood plains shall also comply with requirements
listed in Title 10, Chapter 10, of this Code. (Ord, 096-375. 7-1-1996)
(B) An application for a mine or excavation permit shall contain:
1. The name and address of the operator and owner of the lana.
2. The correct legal description of the property where the activity is
proposed to occur,
3. A certified abstract listing the names of all landowners owning
property within three hundred fifty feet (350') of the boundary of the
property described above.
4, Specifications of the following, uSing appropriate maDS.
photographs and surveys:
597
City of FarmLnfJron
3-22-5
.
.
.
597
3-22-5
(a) The physical relationsnip of the proposed designated site to
the community and existing development:
(b) Site topography and natural features including location of
watercourses and water bodies;
(c) The description and quantity of material to be excavated:
(d) The depth of water tables throughout the area.
5, The purpose of the operation.
6. The estimated time required to complete the operation.
7, The plan of operation. including processing, nature of the
processing and equipment, location of the plant. source of water,
disposal of water and reuse of water,
8. Desired haul routes to and from the site.
g, The plans for drainage, water erosion control, sedimentation and
dust control.
10. A rehabilitation plan provided for the orderly and continuing
rehabilitation of all disturbed land. Such plan shall illustrate, using
photograph maps and surveys where appropriate, the following:
(a) The contour of land prior to excavation, if available. after
completion of excavation and after completion of rehabilitation;
(b) Those areas of the site to be used for storage of topsoil and
overburden;
(c) A schedule setting forth the timetable for excavation of land
lying within the extraction facility;
(d) A timetable for the rehabilitation of land lying within the
excavation facIlity shall be submitted to the City well in advance of
the completion of excavation activities:
(e) The slope ot all slopes atter rehabilitation, based UDon
proposed land uses, and description ot the type and quantity of
plantings where revegetation is to be conducted; and
City of Farmington
3-22-5
.
.
.
3-22-5
(f) The criteria and standards to be used to achieve final
rehabilitation as well as intermittent stabilization.
11. A statement identifying the applicant's program to insure
compliance with the permit conaitions. method of response to
complaints and resolving conflicts that may anse as a result of
complaints.
294
City of Farmmgron
3-22-6
3-22-8
.
3-22-6:
COUNCil REVIEW AND APPROVAL OF OVERAll PLAN;
FUNCTION OF RENEWABLE ANNUAL PERMITS:
(A) A public hearing shall be held before the Council on each permit
application. Notice of the hearing shall be published by the Clerk at
least ten (10) days before the hearing. The City Council shall review
the permit application and shall approve the permit if it is in
compliance with this Chapter, the City's Zoning Ordinance. and other
applicable laws, ordinances, and regulations. The Council may
attach conditions to the permit approval to promote safety and
prevent nuisance conditions. The rehabilitation plan shall only be
approved if it is consistent with the uses allowed in the City's
Comprehensive Plan and Zoning Ordinance.
(B)
Implementation of the overall plan shall be by means of renewable
annual permit. The purpose of the renewable permit is to assure
compliance with the longer range overall plan and to retain the ability
to modify existing or to attach new conditions in accordance with
changing characteristics of the site or its surroundings. The City
Administrator, after consultation with appropriate City staff, may
issue renewal licenses upon satisfactory proof of compliance with
this Chapter. If the City Administrator denies a renewal license, the
applicant may appeal the decision to the City Council by filing a
notice of appeal with the City Clerk within ten (10) days after the City
Administrator denies the permit.
.
3-22-7:
TERMINATION OF PERMIT:
(A) The material excavation permit may be terminated for violation of
this Chapter or any conditions of the permit. No permit may be
terminated until the City Council has held a public hearing to
determine whether the permit shall be terminated, at which time the
operator shall be afforded an opportunity to contest the termination.
The City Council may establish certain conditions, which if not
complied with, will result in immediate suspension of operations until
the public hearing to consider termination of the permit can be held.
(B) It shall be unlawful to conduct mineral extraction or excavation after
a permit has been terminated,
3-22-8:
ANNUAL PERMITS; RENEWAL; CONDITIONS:
(A) Application for renewal of an annual permit shall be made sixty (60)
days prior to the expiration date, If application for renewal is not
.
1092
City 0/ Farmington
3-22-8
3-22-11
.
A)
made within the required time. all operations shall be terminated and
reinstatement of the permit may be granted only upon compl.iance
with the procedures set forth in this Chapter for an original
application,
(B) A permit may be approved or renewed subject to compliance with
conditions in addition to those set forth in this Chapter when such
conditions are reasonable and necessary to ensure compliance with
the requirements and purpose of this Chapter. When such conditions
are established, they shall be set forth specifically in the permit.
Conditions may, among other matters, limit the size, kind or
character of the proposed operation. require the construction of
structures, require the staging of extraction over a time period,
require the alteration of the site design to ensure compliance with
the standards, require the provision of a performance bond by the
operator to ensure compliance with these regulations in this Chapter
or other similar requirements.
.
3-22-9: ISSUANCE OF PERMIT IMPOSES NO LIABILITY ON CITY
AND RELIEVES PERMITTEE OF NO RESPONSIBILITIES,
ETC.: Neither the issuance of a permit under this Chapter, nor compliance
with the conditions thereof or with the provisions of this Chapter shall
relieve any person from any responsibility otherwise imposed by law for
damage to persons or property; nor shall the issuance of any permit under
this Chapter serve to impose a liability on the City, its officers or employees
for any injury or damage to persons or property. A permit issued pursuant
to this Chapter does not relieve the permittee of the responsibility of
securing and complying with any other permit which may be required by any
other law. ordinance or regulation.
3-22-10: FEES: A schedule of fees for the examination and approval of
applications for permits under this Chapter and the inspection
of operations for compliance with the conditions of this Chapter and the
permit shall be determined by resolution of the City Council, which may,
from time to time, change such schedule. Prior to the approval and
issuance or renewal of any permit under this Chapter, such fees shall be
paid to the City and deposited to the credit of the General Fund.
3-22-11: PERFORMANCE BOND OR IRREVOCABLE LETTER OF
CREDIT: Prior to the approval and issuance of a permit, there
shall be executed by the operator and submitted to the City Administrator.
an agreement to construct such required improvements. to dedicate such
.
1092
City of Farmzngton
3-22-11
3-22-14
.
property or easements, if any, to the City and to comply with such
conditions as may have been established by the City Council. Such
agreement shall be accompanied by bond with surety or condition
acceptable to the City Administrator in the amount of the established costs
of complying with the agreement. The aforesaid agreement. bond or letter
of credit shall be provided for guaranteeing completion and compliance with
the conditions set forth in the permit within the time to be approved by the
City Council. The adequacy, conditions and acceptability or any bond or
letter of credit hereunder shall be determined by the City Administrator. The
adequacy of the bond or letter of credit shall be reviewed annually by the
City. The City may direct the amount of the bond or letter of credit be
increased to reflect inflation or changed conditions.
3-22-12:
STANDARDS - EXTRACTION SITE LOCATION: Operations
permitted under this Chapter shall not be conducted within:
(A) Fifty feet (50') of an existing street or highway;
(8) Thirty feet (30') of the right of way of an existing public utility;
(C) Fifty feet (50') of the boundary of any zone where such operations
are not permitted; or
.
(D)
Thirty feet (30') of the boundary of an adjoining property not in
mining use; or as directed by the City Council.
3-22-13: FENCING: During operations which have received a permit
under this Chapter, any area where collections of water are
one and one-half feet (11/2') in depth or more, or where excavation .slopes
are steeper than one foot vertical to one and one-half feet horizontal
(1 :11/2), and any other areas where obvious danger to the public exists.
shall be fenced when such a situation has existed or will exist for a period
of five (5) working days or longer. The City Engineer shall review such
fencing to assure its adequacy. He may waive this requirement or require
additional measures based on his judgment and the characteristics of the
particular instances. As an alternative, the City Engineer may require
perimeter fencing of the entire extraction site.
3-22-14:
APPEARANCE AND SCREENING AT THE EXTRACTION
SITE: The following standards are required at the extraction
site of any operation permitted under this Chapter:
.
1092
City of Farmtngron
3-22-14
3-22-15
.
(A)
Machinery shall be kept in good repair.
(8) Abandoned machinery, inoperable equipment and rubbish shall be
removed from the site regularly.
(C) All buildings and equipment that have not been used for a period of
one year shall be removed from the site.
(D) All equipment and temporary structures shall be removed and
dismantled not later than ninety (90) days after termination of the
extraction operation and expiration of the permit.
(E) Where practical, stockpiles of overburden and materials shall be
used to screen the extraction. The side slopes of such stockpiles
shall not exceed three to one (3: 1 ).
(F) The perimeter of the site shall be planted or otherwise screened
when such is determined by the City Council to be necessary,
(G) Existing tree and ground cover shall be preserved to the extent
feasible. maintained and supplemented by selective cutting,
transplanting of trees, shrubs, and other ground cover along all
setback areas.
.
3-22-15: OPERATIONS; NOISE; HOURS; EXPLOSIVES; DUST;
WATER POLLUTION; TOPSOIL PRESERVATION: The
following operating standards shall be observed at the extraction site of any
operation permitted under this Chapter:
(A) The maximum noise level at the perimeter of the site shall be within
the limits set by the Minnesota Pollution Control Agency and the
Federal Environmental Protection Agency.
(8) Extraction and hauling operations shall be performed during only
those times established by the City Council as part of the permit.
(C) Operators shall utilize all practical means to eliminate vibration from
equipment operation on adjacent property .
(D) Operators shall comply with all applicable City, County, State and
Federal regulations for the protection of water quality, including the
Minnesota Pollution Control Agency and Federal Environmental
Protection Agency regulations for the protection of water quality. No
.
1092
City of Farmington
3-22-15
3-22-16
.
0)
waste products or process residue shall be deposited In any lake.
stream or natural drainage system. All waste water shall pass
through a sediment basin before drainage into a stream.
(E) All topsoil shall be retained at the site until complete rehabilitation of
the site has taken place according to the rehabilitation plan.
(F) Operators shall use all practical means to reduce the amount of
dust. smoke and fumes caused by the operations.
3-22-16:
REHABILITATION STANDARDS: The following rehabilitation
standards shall apply to the site of any operation permitted
under this Chapter.
(A) Rehabilitation shall be a continuing operation occurring as quickly as
possible after the extraction operation has moved sufficiently into
another part of the extrac :n site.
(8) All banks and slopes shall be left in accordance with the rehabili-
tation plan submitted with the permit application.
(C)
Slopes. graded areas and backfill areas shall be surfaced with
adequate topsoil to secure and hold ground cover. Such ground
cover shall be tended as necessary until it is self-sustained.
.
(D)
All water areas resulting from excavation shall be eliminated upon
rehabilitation of the site, In unique instances where the City Council
has reviewed proposals for water bodies at the time of approval of
the overall plan and has determined that such would be appropriate
as an open space or recreational amenity in subsequent reuse of the
site, water bodies may be permitted.
(E) No part of the rehabilitation area which is planned for uses other
than open space or agriculture shall be at an elevation lower than
the minimum required for connection to a sanitary or storm sewer.
(Ord. 092-278, 8-3-92)
.
1092
City of FarmIngton
FROM SERVICE QUALITY INSTITUTE
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FAX NO. :
Dec. 06 1999 04:23PM Pi
SERVICE QUALITY INSTITUTE
December 6. 1999
Lee Smick. AICP
Planning Coordinator
City of Farmington
325 Oak Street
Farmington; MN 55024
Dear Lee:
Thank you for all the work you put into my concern about the mining project on the
Huber Property.
My land is on the west side of his property. Il runs over 2,000 feet alongside Huber's
Property,
I was never notified about the mining pit. I have owned this land since approximately
1977. Huber and the City knew this.
I would think the property owner, who owns the most property next to the Huber
Property, should be notified. Elayne Donnelly and John Glynn do not own property
within 350 feet of the Huber Property and yet they were notified.
What's worse is that all the extensions. the dumping of concrete and the additional
mining pit have continued without any input or notice given to the property owner on the
entire west side of Huber's Property.
The permit expires this month. The pits need to be cleaned up and closed.
The concrete is still there. Why? It was a temporary concrete recycling permit requested
on February 9, 1996. All of it was to be removed by October 25, 1996. How many years
does a temporary pem~ it run?
Original1y the re~, . was for 55,000 cubic yards of material for one year. Councilman
Rotty made the matIc.... c;upport this. He knew I owned the property next to Huber's.
')201 I',"'Sl Blnolllingron hccwn,Y . Millllcapo/is. Minn':$l)la 55420349/ U.S.A. . Phone 612 RS4 3."11 . f';~x 612 Xf.l'i S901
[-M"il 4u~/iryc&scrvicl~qu:tli[}'.,:nlll . 'Wd) wW\\f.(.us(I.'mcc-.<<"viCC.crJlll
FROM SERVICE QUALITY INSTITUTE
FAX NO.
Dec. 06 1999 04:24PM P2
.
.
.
Lec Smick
December 6, 1999
Page 2
It's easy to see the conflict of interest. Rotty supported and pushed for a mining permit
without notifying the landowner that had over 2,000 feet of adjoining property. When
my son requested a 42' x 60' building to store cars and have a climbing wall for his
friends, Commission Member Rotty opposed a very attractive metal storage building.
What's worse is his relative. Elayne Donnelly, in addition to Steve Huber. were vocally
against this storage building.
It appears there is a serious absence of ethics, Now 1 need a 4/5 vote by the City Council
for major conflict.. of interest.
The Huber Property has junk stored all over it. I am surprised the City allows this.
I would like the City to enforce its temporary permit and not extend the mining pennit
beyond December 1999.
Sincerely.
~~
JT Irlf
. MEMO TO: MAYOR AND COUNCIL
SUBJECT: PERMIT FOR TEMPORARY CONCRETE RECYCUNG
DATE: FEBRUARY 14,.1996
The City of Farmington has received a request from Friedges Landscaping, Inc. for a permit to
temporarily stockpile concrete until it is recycled by crushing. This request and a map indicating
the proposed stockpile are attached. The concrete materials will be coming from the CSAH 50
projects. This contractor has been working with Mrs. Helen Huber on the site of her Mineral
Extraction Permit. The estimated quantity of material would fit in a 100' x 100' x 3' volume.
There appears to be adequate space in the Huber pit.
Two sections of the City code which apply in this matter are;
1) Chapter 22; Excavations and Mining (relates to existing permit)
2) Chapter 1, Solid Waste Collection (relates to recycling)
Recycling Permit
.
City code states "Any private hauler removing and/or disposing of refuse produced by a
contraction project...must first obtain a permit issued by the Public Works Director." (Section 7-1-
3).
Attached is a copy of the permit application submitted by Friedges. A permit fee of $100.00 has
been received. It is my recommendation that the City issue this permit to Friedges, Inc. for this
specific project only. It should be noted that concrete is typically considered demolition material
by City code. For the purposes of this permit, these concrete materials shall be as recyclable
materials per Section 7-1-1.
The storing of these recyclable materials will be restricted between the following dates;
start up May 15, 1996
completion of crushing September 15, 1996
removal of recyclables from site October 25, 1996
No concrete materials may be buried on the stockpile site per all local, state and federal laws.
Amendment to Mineral Extraction Permit
.
The City of Farmington has issued a Mineral Extraction Permit for the site being considered for
temporary concrete recycling activities. This site is owned by Mrs. Helen Huber. All conditions
set forth in the approval process for the mineral extraction site will remain in effect.
.
.
.
The following conditions relating to the recycling of concrete should be incorporated as
amendments to the existing Mineral Extraction Permit;
1. An additional surety in the form of a letter of credit in the amount of $17,125.00 is required to
ensure the proper handling and disposal of all recyclable concrete materials.
2. This permit is specifically being issued for the CSAH 50 reconstruction projects scheduled for
1996.
3. The time frame identified previously shall be followed for all temporary stockpiling of concrete
materials and the removal of recycled products.
4. All previous conditions for the Mineral Extraction Permit (outlined in correspondence dated
6/3/94 and 6/8/94) shall be followed with respect to the recycling of these concrete products.
It is my recommendation that the City Council approve the amendments to the Mineral Extraction
Permit issued to Mrs. Helen Huber as outlined above. It is also my recommendation that the
Council approve the permit for the collection of construction wastes as submitted by Friedges
Landscaping, Inc.
~/~
Thomas J. Kaldunski, P.E.
Director of Public Works/City Engineer
TOO11
cc: fIle
Development Committee
Mrs. Helen Huber
Todd Brennan, Friedges Landscaping
.
.
.
AGENDA REQUEST FORM
Item No. 5e
Name:
Tom Kaldunski
Department: Public Works
~/
C4y~ ~
Dare: February 9, 1996
MeetingDate: February 20, 1996
Category: Consent
Su~ect: Approve Permit for Temporarx Concrete Recyclinq
Explanation: The City has rece:i ved a request: from Fri engel'; T.rlnnl';/""rlpi nIJ
to set UP a temporary concrete recyclinq operation on t:he
Huber mineral extraction site.
Reference Material/Responsibility
Memo - Torn Kaldunski
Referred To: (Name)
Department
Development Committee
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Signature
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cUarminilon.mn.us
December 3, 1999
Mr. John Tschohl
Service Quality Institute
920l East Bloomington Freeway
Minneapolis, MN 55420-3497
RE: Mining Operation - Huber Property
Dear Mr. Tschohl:
This letter is in response to your concerns over the mining operation on the Huber Property. The
attached infonnation includes City Council minutes, staff memos, City Code requirements and
approvals for the existing mining operation.
Title 3 Chapter 22 of the City Code is attached for your review. In summarization of the code,
annual pennits are to be renewed every year for a mineral extraction pennit. Enclosed are the
approvals of these annual renewals.
The City Council approved the original mining extraction pennit on June 6, 1994 as shown in the
attached minutes. Conditions were also attached to the approval including a memo by the City
Engineer, Tom Kaldunski dated June 3, 1994. Also attached is a staff memo dated March 25,
1994 from Tom Kaldunski, an affidavit of mailed notice for the meeting on June 6, 1994, an
abstractor's list for those property owners notified for the June 6, 1994 meeting and a letter from
Lew Wurdeman presenting his concerns of the proposed mining operation.
The Mining Extraction Penn it was then renewed on December 19, 1994 for the period between
January 1, 1995 to December 31, 1995. An inspection of the Huber Pit was perfonned on
February 28, 1995 and the staff memo is attached for your review.
A temporary concrete recycling penn it was approved on February 20, 1996. A renewal for the
mining operation was further approved on December 20, 1996 with the pennit approved between
January 1, 1997 to December 31, 1997. It was once again renewed on December 3, 1997 for the
period between January 1,1998 to December 31,1998.
The current mining pennit was approved on December 21, 1998 and runs between January 1,
1999 and December 31, 1999.
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If you have any questions about the attached information, please call me at 651-463-l820.
Sincerely,
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~~'l-e~7 ~u~..~.
Lee Smick, AICP
Planning Coordinator
cc: Curt Huber, 20655 Holiday Avenue Lakeville, MN 55044
David L. Olson, Community Development Director
John F. Erar, City Administrator
Lee Mann, City Engineer
File
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CITY OF FARMINGTON
EXCA V A TION, GRADING AND MINERAL
EXTRACTION APPLICATION
Date
No.
Type
3/4/94
Name of Applicant Helen W. Huber
Phone
469-2880
Addr~s 20655 Holiday Ave.
55044
Lakeville. MN
Location of Operation Helen W. Huber
210th Fair Green Ave.
Farmington, MN
Name and Addr~s of Land Owner Helen W. Huher
20655 Holiday Ave.
Lakeville. MN
55044
Dimensions of area in which work will take place
2 acre!':
MliXimumdepthofexcavation 70 feet: Maximum height offill 0
Change in site elevations It~Yir ft; Estimated quantity to be moved: In 5000 Yds Out50000 Yds
Date operation will start 4 ! 1 ! 9/t
Date opemtion will end 12/15 ! 91,
Normal days of operation Monday thru Saturday
Hours 7:00 A.M. to 5:00 P.M.
Does applicant plan to:
1.
3.
4.
5.
6.
7.
8.
9.
10.
Fence the operation ? Should not need
Postwamingsigns? Yes
Arrange for proper drainage? v ~ s
Arrange for noise suppression? Wi 11 not need. wi 11 look into it
Observe a buffer from boundary Ones? Yes, 15 to 20 feet
Repair streets damaged from operation? Blade road, add rock if needed
Furnish before and aftertopos? Y ~ Ii
Furnish a bond to the City? On 1 y if requi red
Furnish a Certificate oflnsurance? Onl y if required
iI
Fee: Based on schedule offees under Resolution R
through
: $
valid from
U
/ ( ,(.. uJ.
Signature of Applicant
lh
~:!t1~O. (~~deOied) by tbe City Couodl this G day 0{
,JU/tU!" S', /191 4
Date / ( City C
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3/4/94
Date
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June B, 1994
Helen Huber
20655 Holiday Avenue
Lakeville, MN 55044
Re: Mineral Extraction Permit
at 210th and Fairgreen
Dear Ms. Huber,
.
Attached you will find an approved Mineral Extraction Permit. The
City Council approved the permit at their June 6th meeting. The
approval is contingent upon the 13 conditions outlined in my
June 3, 1994 memo to the Council~ (attached) In addition, the
Council added the following conditions:
1. A gravel pad shall be installed at the entrance to the City
streets to help reduce mud tracking. A copy of the City
standard plate is attached.
2. The hours of operation shall be restricted to 9:00 A.M. until
5:00 P.M. on Saturdays. Operation from 7:00 A.M. until 5:00 P.M.
is allowed Monday through Friday.
3. Dust control shall be applied to the haul road on your property
and the actual mineral extraction site as directed by the
City Engineer.
You may now proceed with the removal of the materials from this
site. Please notify me when operations are taking place. I
will want to inspect the site periodically.
Contact me if you have any questions.
.
~~ City Engineer
City ~ Fa1UtCiqfM 325 Oak Stw! eF/WlWCgWt. MtK 55024 e (612) 463.7111
cc:
file
Ka:r.:en Finstuen
TJK
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