9.b) Request to Transfer Annual Operating Permit from Dresel Contracting, Inc. to Tiller Corporation Meeting Date: 5/19/2009
Agenda Item: � �j�
City Council Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Adopt a resolution transferring the Annual Operating Permit (AOP)
for the Dresel sand and gravel mining site (located on 218th St. N.) to
Tiller Corporation.
Deadline/ Timeline: N/A
Background: • Tiller Corporation has acquired the Dresel mining site, which is
located adjacent to Tiller's existing sand and gravel mining and
processing operation. They have requested that the AOP issued to
Dresel for the 2009 season be transferred to Tiller.
• The Mining Ordinance(Ordinance No. 103/Chapter 4 of the
Development Code) does not provide a specific procedure for
transferring an AOP. The City Attorney recommended that Tiller
make their request in writing, for Council approval.
• The AOP would continue to be subject to the requirements of the
Conditional Use Permit (CUP) for the Dresel site. (The CUP runs
with the land and does not need to be transferred.)
• For 2010, Tiller has indicated that they plan to include both sites
in a single AOP application.
Recommendation: I recommend that the Council adopt the attached resolution
transferring the AOP from Dresel to Tiller. Conditions in the draft
resolution specify that the permit is subject to all the conditions in the
CUP and the AOP issued to Dresel last fall.
Attachments/ • Draft Resolution OS-19-09-OS
Materials provided: . Letter Dated May 4, 2009 from Tiller Corporation
Contact(s): Michael Caron, Tiller Corporation (763
425-4191)
Prepared by: Anne Hurlburt, Administrator
(transfer AOP Dresel to Tiller)
Page 1 of 1
OS/06/09
CITY OF SCANDIA
RESOLUTION NO. OS-19-09-05
RESOLUTION APPROVING TRANSFER OF ANNUAL OPERATING PERMIT
FOR SAND AND GRAVEL MINING AND PROCESSING
F'ROM DRESEL CONTRACTING, INC. TO TILLER COPORATION
WHEREAS, DRESEL CONTRACTING. INC. has been issued a Conditional Use
Permit and a 2009 Annual Operating Permit to operate a sand and gravel mining and processing
operation located on approximately 57 acres on 218th Street North, on property legally described
as:
LEGAL DESCRIPTION
Dresel Property: PID 1703220220002
Sect-17 Twp-032 Range-020 PT N1/2-NWl/4 S17T32R20 BEING THE E 1396FT OF THE
FOLL DESC PARCEL: THAT PT N 1/2-NW 1/4 OF S 17T32R 20 LYING NLY OF THE S
66FT & LYING WLY OF THE E 768.7FT THEREOF NEW SCANDIA TWP
Roth Property: PID 1703220210003
Sect-17 Twp-032 Range-020 PT NE 1/4-NW 1/4 173220 COM AT N 1/4 COR OF SEC 17 THEN
S ALONG N&S1/4 LINE OF SD SEC A DIST OF 527.SFT TO PT OF BEG THEN CONT ON
SAME LINE A DIST OF 443.SFT TO A PT THEN ON A DEFLECT ANG TO RT OF 90DEG.
A DIST OF 491 FT TO A PT THEN ON A DEFLECT ANG TO RT OF 90DEG. A DIST OF
443.SFT TO A PT THEN ON A DEFLECT ANG OF 90DEG. TO RT A DIST OF 491FT TO
PT OF BEG SUBJ TO EASEMENT AND THAT PT NE 1/4 NW 1/4 S 17T32R20 DESC AS
FOLL:COM AT THE N1/4 CORNER OF SEC17 THN SLY ALG THE N-S1/4 LINE OF SEC
17 A DIST 971FT TO THE PT OF BEG THN WLY DEFLECT 90DEG TO THE RT A DIST
OF 491FT THN/NLY DEFLECT 90DEG TO THE RT A DIST 443.SSFT THN ELY DEFLECT
90DEG TO THE RT A DIST OF 76FT THN NLY DEFLECT 90DEG TO THE LEFT A DIST
548FT M/L TO THE N LINE OF SEC17 THN WLY ALG THE N LINE OF SEC17 A DIST
355FT M/L TO THE W LINE OF THE E 768.7FT OF SD NEl/4 NW1/4 THNC SLY ALG SD
Resolution No. OS-19-09-OS
Page 2 of 3
W LINE A DIST 1254FT M/L TO THE N L1NE OF THE S 66FT OF SDl/4-1/4 THN ELY
ALG SD N LINE A DIST OF 770FT M/L TO THE N-S 1/4 LINE OF SEC 17 THN NLY ALG
SD N-S1/4 LINE A DIST OF 283FT M/L TO THE PT OF BEG-SUBJ TO CSAH#1 ALG THE
MOST ELY LINE SUBJ TO & INCLUDiNG ANY VALID EASEMENTS RESTRICTIONS &
RESERVATIONS NEW SCANDIA TWP (RESTRICTION:WRITTEN APPROVAL FROM
NEW SCANDIA TWP IS REQUIRED BEFORE EITHER OF THE TWO(2) PARCELS OF
LAND DESCRIBED HEREIN MAY BE CONVEYED SEPARATELY
WHEREAS, Tiller Corporation has purchased this site and has requested that the Annual
Operating Permit be transferred to Tiller Corporation;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does find that the 2009 Annual Operators Permit shall be and hereby is transferred to
the Tiller Corporation, with the following conditions attached.
1. Tiller Corporation shall abide by all of the requirements of Resolution No. OS-20-08-02,
Approving the Conditional Use Permit Application of Dresel Contracting for Sand and
Gravel Mining Processing.
2. Tiller Corporation shall abide by all of the requirements of Resolution No. 11-OS-08-03,
Approving the Annual Operating Permit Application of Dresel Contracting, Inc.,
including following conditions that were a part of that resolution:
a) The Applicant shall address the following groundwater monitoring requirements
during the 2009 monitoring season:
• The Applicant shall clarify the Monitoring Well Network section of the
plan as follows:
- For consistency purposes and to avoid confusion with"sampling"
versus "monitoring" (since the latter may refer to water-level
measurements only), the text should be revised to state
"monitorin�will occur/be conducted"rather than"sampling will
occur/be conducted," since sampling is only done on an annual
basis and not three times per year.
• The Applicant shall submit monitoring results in a single submittal with
the adjacent Tiller Corporation mining operation, since these wells will
be monitored together and the operations are adjacent to one another.
• The Applicant shall submit future monitoring results under separate
cover rather than with the Plan
Resolution No. OS-19-09-OS
Page 3 of 3
b) The minimum mining excavation elevation at the site shall be 922 feet-above
mean sea level (amsl).
c) Applicant shall provide the required Letter of Credit or other security to the City.
FURTHER, BE IT RESOLVED, any significant variation from these plans and
conditions of approval shall require an application to amend this Annual Operating Permit.
Adopted by the Scandia City Council this 19`h day of May, 2009.
Dennis D. Seefeldt, Mayor
ATTEST:
City Clerk/Administrator
1 .
,�TI LLE R Tiller Corporation
nnd its opernting divisions
CO RPORATION Barton Sand&Grave]Co.
Commercial Asphalt Co.
Barton Entcrprises,Inc.
Corporate Office:
PO Box]480 general:(763)425-4191
7200 Hen�lock Lane,Suite 200 facsimile:(763)425-7153
Maple Grove,Ivtiruiesota 5531] web: www.tillerrnrp.coin
May 4, 2009
Anne Hurlbert,Admulistrator
City of Scandia
14727 209�St. North
Scandia, MN 55073
Re: Dresel Miniilg Site AOP
Dear Ms. Hurlbert:
Tiller Corporation recently purchased property owned by the Richard J. Dresel Estate. The
City of Scandia has issued a conditional use permit to this property which authorizes sand
and gravel minulg. On November 5,2008 the City issued an Annual Operating Permit for
the 2009 mining season(AOP 2009) to Dresel Contracting,Inc. Since we will be the
operating the mine this year,we respectfully request the transfer of AOP 2009 to Tiller
Corporation.
In the future one AOP application will be submitted for all contiguous properties owned by
Tiller Corporation. '
1•
Thank you for your assistance. I may be reached at(763) 425-4191 if you have questions.
Sincerely,
Tiller Corporatio
�
�
Micha 1 Caron
Director of Land Use Affairs
This Company is an Equal Opportunity Employer