The URL can be used to link to this page

Home My WebLink AboutItem 06.eAugust 16, 2012 Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution terminating Interim Use Permit (IUP) No. 03 -14. Passage of this motion will result in IUP No. 03 -14 being released from the property title as requested by the property owner. Overview Tradition Development is requesting the City release Interim Use Permit No. 03 -14 in order to clear the title on property they own within the Spirit of Brandtjen Farm planned unit development (PUD). The IUP was approved by the City Council in 2003 to allow the mining of sand and gravel on 39 acres of land within Spirit of Brandtjen Farm (SBF). The mining of the sand and gravel materials and site restoration concluded in 2006 and created a large storm water pond that is also an amenity for the SBF PUD. While the IUP has technically expired, it remains on the property title. In order to remove the IUP from the title as requested by the property owner, the City Council needs to approve the attached resolution prepared by the City Attorney's office. Staff recommends approval of the resolution. Primary Issues to Consider None Supporting Information • Resolution terminating IUP No. 03 -14 IUP No. 03 -14 Daryl M ; ey, Plan Director RESOLUTION TERMINATING IUP NO. 03-14 AUGUST 20, 2012 CITY COUNCIL MEETING Item No. Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: DATED this 20 day of August, 2012. ATTEST: Charlene Friedges, City Clerk 165724v1 1 (Reserved for Dakota County Recording Information CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION TERMINATING INTERIM USE PERMIT NO. 03-14 WHEREAS, an Interim Use Permit for the property described on the attached Exhibit "A" ( "Subject Property ") was approved by the City Council on August 18, 2003, and recorded on January 9, 2004 as Document No. 0526956 with the Office of County Recorder, Dakota County, Minnesota (hereinafter referred to as the "Interim Use Permit "); WHEREAS, the Owner of the Subject Property has requested that the Interim Use Permit be terminated. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota, as follows: 1. The Interim Use Permit is terminated and the Subject Property is hereby irrevocably released from the terms of the Interim Use Permit. 2. The City shall record this document with the Office of the County Recorder, Dakota County, Minnesota. CITY OF LAKEVILLE By: Mark Bellows, Mayor EXHIBIT "A" Legal Description of Subject Property The Northeast Quarter of the Southwest Quarter of Section 1, Township 114, Range 20, Dakota County, Minnesota. The Southeast Quarter of Section 1, Township 114, Range 20, Dakota County, Minnesota. EXCEPT that part described as follows: Commencing at the southwest corner thereof; thence South 89 degrees 44 minutes 29 seconds East, assumed bearing, along the south line of said Southeast Quarter 836.62 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 44 minutes 29 seconds East along said south line 560 feet; thence North 00 degrees 15 minutes 31 seconds East 600 feet; thence North 89 degrees 44 minutes 29 seconds West 560 feet; thence South 00 degrees 15 minutes 31 seconds West 600 feet to the point of beginning. 165724v1 2 0526956 O CITY OF LAKEVILLE 0) x 2 m n El DAKOTA COUNTY, MINNESOTA 0) 0 m m INTERIM USE PERMIT NO. 03- / 9- 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves: An Interim Use Permit to Tradition Development, LLC, to allow the excavation and mining of aggregate on property located north of 170 Street and east of Pilot Knob Road. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: The Northeast Quarter of the Southwest Quarter of Section 1, Township 114, Range 20, Dakota County, Minnesota. The Southeast Quarter of Section 1, Township 114, Range 20, Dakota County, Minnesota. EXCEPT that part described as follows: Commencing at the southwest corner thereof; thence South 89 degrees 44 minutes 29 seconds East, assumed bearing, along the south line of said Southeast Quarter 836.62 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 44 minutes 29 seconds East along said south line 560 feet; thence North 00 degrees 15 minutes 31 seconds East 600 feet; thence North 89 degrees 44 minutes 29 seconds West 560 feet; thence South 00 degrees 15 minutes 31 seconds West 600 feet to the point of beginning. 3. Conditions. The permit is issued subject to the following conditions: a) The boundaries of the excavation and mining area shall be limited to the area identified in the plans prepared by Westwood Professional Services, Inc., dated July 11, 2003. b) No excavation of soil, sand or gravel shall occur beyond the boundaries identified on the mining and phasing plan submitted by Westwood Professional Services, Inc. dated July 11, 2003. Security fencing shall be installed at the periphery of any areas with a slope greater than 1 1 /2 to 1 for more than 5 days. c) The mining and reclamation plan including, extraction and grading, proposed drainage, erosion and sedimentation control, and finished grades shall occur consistent with the Mining and Excavation Plan developed by Westwood Professional Services, Inc. dated July 11, 2003. d) The plans are implemented according to the recommendations outlined in the Engineering memorandum dated August 1, 2003. e) A cash security or letter of credit shall be submitted in the amount of $1,500.00 per acre of open mine area. f) Annual permits shall be submitted by the applicant along with security as required by Title 7, Chapter 4 of the City Code regulating Excavation and Mining. g) j) Abandoned machinery, inoperable equipment and rubbish shall not be permitted to be stored on the site. h) 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. i) 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 waste products or processed residue shall be deposited in any lake, stream or natural drainage system. A permit shall be required from the Department of Natural Resources for dewatering prior to beginning mining. k) Rock crushing and asphalt production shall not be permitted on the property. 2 I) All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan. m) The top soil shall be restored to a depth of not less than 6 inches. n) Ground restoration vegetation shall consist of grass seed mixture recognized by the Minnesota Department of Transportation. o) Any flammable liquids stored on the site shall be in above ground storage containers and shall meet Minnesota Pollution Control and Fire Code requirements. p) All mining and excavation on the site shall be completed by December 31, 2005. Reclamation shall be completed by June 1, 2006. 4. Termination of Permit. The City may rescind this interim use permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year from the issuance of this interim use permit the excavation and mining use has not commenced, this permit shall lapse. 6. Criminal Penalty. Violation of the terms of this excavation and mining interim use permit is a criminal misdemeanor. Date: 0u3ag. -1 " is 4002) 3 CITY OF LAKEVILLE BY: 1!0- Robert D. BY: hnson, Mayor Charlene Friedges, i ity Clerk The foregoing instrument was acknowledged before me this 18 day of August, 2003, by Robert D. Johnson, Mayor, and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ) ss. COUNTYOFW -ko1 - ) Seal DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 4 Notary tvblic Charlene Friedges, City J PENNY BREVIG NOTARY PUBUC • MINNESOTA My Commiadon Expos Jan. 31, 2005 I hereby certify that the foregoing interim use permit is a true and correct copy of the permit presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 18 day of August, 2003, as shown by the minutes of said meeting in my possegsion.