[0:00] [MUSIC] [1:08] SPEAKER1: I call to order the Rosemont Planning Commission meeting for Tuesday, February SPEAKER1: 24th. Please stand for the Pledge of Allegiance. SPEAKER1: I pledge allegiance to the flag of the United States of America and to the Republic for SPEAKER1: which it stands. One nation under God, indivisible, SPEAKER1: with liberty. [1:25] SPEAKER2: And justice for all. SPEAKER1: Are there any additions to the agenda, Madam chair? SPEAKER3: There are no additions to the agenda this evening. SPEAKER1: Is there any input from the audience on items that are not on tonight's agenda? SPEAKER1: Okay. We will move forward to the consent agenda. [1:42] SPEAKER1: The consent agenda contains our minutes of the January 27th, SPEAKER1: 2026 regular meeting. Are there any comments or questions on the consent agenda? SPEAKER1: I will make a motion to approve the consent agenda. SPEAKER1: Second, it's been moved by Commissioner, seconded by Commissioner Ellis. [1:58] SPEAKER1: All those in favor, please say aye. SPEAKER1: Aye. I opposed motion carries. SPEAKER1: We have no old business. SPEAKER1: We will move on to our new business or, sorry, SPEAKER1: our public hearings. The first one tonight is with Anthony, SPEAKER1: a subdivision request by the estate of Henry Fox to create a 20 acre parcel in the a2 SPEAKER1: agricultural zoning district. [2:22] SPEAKER1: Anthony, the floor is yours. SPEAKER3: Yes. Thank you, Madam Chair. SPEAKER3: The subject property tonight is very close to a property that was reviewed by the Planning SPEAKER3: Commission at the meeting in January. SPEAKER3: This is in the southeastern portion of the city just off of Emery Avenue and west west SPEAKER3: of Emory Avenue, south of County Road 42. [2:46] SPEAKER3: The request that is being proposed is to subdivide a larger parcel, SPEAKER3: which is 122 acres in area, to create a 20 acre parcel, SPEAKER3: reducing the the overall area to just over 100 acres. [3:05] SPEAKER3: So the ownership of the new parcel as the commission may have gathered the request is SPEAKER3: being proposed by the estate of Henry Fox, who was a landowner and farmer in that part SPEAKER3: of the city. The request is to create the 20 acre parcel and transfer that to the adjacent SPEAKER3: property. That is also a beneficiary of the estate. [3:29] SPEAKER3: Also, staff would like to note that 20 acres is lower than the minimum. SPEAKER3: There was a typo in the the title of this agenda item. SPEAKER3: It is in the A1 agricultural preserve district, SPEAKER3: minimum lot size of 40 acres in that district. [3:45] SPEAKER3: In order to comply with the requirements of the ag preserve statute. SPEAKER3: But because the new parcel being created is adjacent to a property that will be SPEAKER3: transferring ownership to, The code treats that as one single parcel, SPEAKER3: so the the new parcel created will be, for all intents and purposes of the code, SPEAKER3: 54.15 acres. There is no proposed changes to the use from its current agricultural use. [4:22] SPEAKER3: So here is the site location. SPEAKER3: As I said, it's on the west side of Emory Avenue in the southeastern portion of the SPEAKER3: state. Just to provide some orientation here. SPEAKER3: Fisher Avenue, along the right hand side of the screen is the eastern boundary of the SPEAKER3: city. 160th Street East. [4:40] SPEAKER3: Also, County Road 46 is the southern boundary of the city. SPEAKER3: Here is County Road 42, also known as 145th Street East. SPEAKER3: Highway 52. Over here. SPEAKER3: You can see the parcel here outlined in yellow. [4:57] SPEAKER3: Just north of this site are some of the small scale mineral extraction operations going on SPEAKER3: here. Also, just note this property in the southeast corner of the subject parcel is SPEAKER3: owned by Greg Fox and was reviewed for another item related to their farm last SPEAKER3: month. So this is the proposed subdivision. [5:25] SPEAKER3: The Planning Commission is being asked to consider this is the 122 acre property. SPEAKER3: The new parcel would be parcel B here. SPEAKER3: So this shows parcel A, parcel B, this is the property here that SPEAKER3: would be combined with that one. [5:44] SPEAKER3: So staff is recommending approval of the subdivision request, SPEAKER3: subject to the ownership of the newly created parcel being transferred to the owner of that SPEAKER3: parcel immediate to the immediately to the east. SPEAKER3: I mentioned earlier that this is part of the AG Preserve program. [6:03] SPEAKER3: That is something that the Minnesota state statute has put in place that allows for the SPEAKER3: preservation of agricultural land within the metropolitan area. SPEAKER3: It is administered by Dakota County. SPEAKER3: There are some benefits to the program to for property owners that are related to the SPEAKER3: taxation. Special assessments can't be levied against ag preserve property. [6:32] SPEAKER3: And then the value is based on the, the the market value is based on sales of SPEAKER3: agricultural property in non-metropolitan counties. SPEAKER3: So the value of the land is not based on land that could be developed into hundreds of SPEAKER3: houses. The value of the land is based on the market value of agricultural property out in SPEAKER3: the townships and further away from the city. [6:59] SPEAKER3: And so that is just a little bit of an overview of the AG Preserve program. SPEAKER3: I just thought I would mention that as this is part of the city, SPEAKER3: we don't really see too many requests from. SPEAKER3: I'm happy to take any questions. SPEAKER3: The applicant is here who can maybe speak to it a little bit further. [7:17] SPEAKER3: If there are more questions from the commission. SPEAKER1: Thanks, Anthony. I have just one that occurred to me as you were talking. SPEAKER1: So the 54 acres, when combined is that lot is combining it with a lot. SPEAKER1: We that had a split last month, right. [7:33] SPEAKER3: Yes. So that is the 54 acres is taking into account that the separation of that small SPEAKER3: parcel for the new barn. SPEAKER1: So then it was before adds the 20 acres, it was also below the 40 acre limit. SPEAKER1: Or was that an A2 designation. [7:49] SPEAKER3: In the other last month? SPEAKER1: Yeah, that other parcel, because it says that when it when it's SPEAKER1: combined, it's going to be a total of 54 acres. SPEAKER1: So that means right now it's sitting at 34 acres. SPEAKER3: Yeah. And it's not also counting that smaller parcel down here that is under the same SPEAKER3: ownership. [8:08] SPEAKER1: Okay. SPEAKER3: So total it does work out. SPEAKER1: Okay. Thank you. Are there any other questions? SPEAKER4: No. That was my question as well. SPEAKER1: Any other questions from the commission? SPEAKER2: No. SPEAKER1: Okay. Thank you. Anthony. SPEAKER1: This item is a public hearing item. [8:24] SPEAKER1: So at this time, we will open up the public hearing. SPEAKER1: Anyone that would like to speak may do so at this time. SPEAKER1: Coming to the podium, stating your name and address for the record. [8:42] SPEAKER1: Okay. Seeing no one coming forward, I will make a motion to close the public SPEAKER1: hearing. Second, it's been moved by Commissioner Kenninger, SPEAKER1: seconded by Commissioner Buggi. All those in favor, SPEAKER1: please say aye. SPEAKER2: Aye. SPEAKER1: Opposed. Motion carries. SPEAKER1: The public hearing is now closed. [8:58] SPEAKER1: Any final comments or questions from the commission? SPEAKER4: No. Since we went through this last month, it seems to make a lot of sense. SPEAKER1: Yep. You want to make a motion? SPEAKER4: Sure. Yeah. I'll make a motion to recommend the city council approve the subdivision SPEAKER4: request, subject to the ownership of the newly created parcel being transferred to the SPEAKER4: owner of the property immediately east of said parcel. [9:20] SPEAKER1: Second, it's been moved by Commissioner Buggi, seconded by Commissioner Beadner. SPEAKER1: All those in favor, please say aye. SPEAKER2: Aye. SPEAKER1: Opposed. Motion carries this item. SPEAKER1: Passes the Planning Commission. SPEAKER1: It will go forward to City Council tentatively on March 17th. [9:37] SPEAKER1: The next item on our agenda this evening is a small scale or request by Danner, SPEAKER1: Inc. for a small scale mineral extraction permit renewal for 2026 and 2027. SPEAKER1: And, Julia, I will turn it over to you. SPEAKER1: All right. It's a little bit of an overview of the request today. So the Planning SPEAKER1: Commission is being asked to consider the renewal of a small scale mineral extraction SPEAKER1: permit for Danner for 2026 and 2027. [10:01] SPEAKER1: The site has been operating as a mine for several years, SPEAKER1: and the request for renewal is consistent with similar renewals that the Planning SPEAKER1: Commission has seen. I would also like to mention that small scale mineral extraction SPEAKER1: is permitted in the city as an interim use. SPEAKER1: And those permits do expire after two years. [10:19] SPEAKER1: Previously, before our zoning code update that was approved in 2024, SPEAKER1: those interim uses were only good for a year. SPEAKER1: We did stagger Danner, so they only did have one for 2025 for a SPEAKER1: single single year. But with the intent that 2020, SPEAKER1: 2026 and 2027 would be a two year one, just to make it a little bit easier with all SPEAKER1: the different small scale mineral extraction sites that are within the city. A little SPEAKER1: update on the site though. [10:44] SPEAKER1: So in 2025, the applicant stated that approximately 20 000 tons of sand and rock SPEAKER1: were removed from the site, and about 10,000yd³ of fallback material was SPEAKER1: brought to the site. This is similar to recent years on the site as well. SPEAKER1: For 2026 and 2027, the applicant expected that same amount for hall backing as well as SPEAKER1: extraction from the site. [11:06] SPEAKER1: Testing of the haul back material was completed in January 2025, SPEAKER1: which the Planning Commission did see at the previous renewal of the small scale SPEAKER1: extraction, and the results were submitted to the city and were found to be were found to SPEAKER1: be excuse me. They were found to be appropriate for what was shown on the plan. [11:31] SPEAKER1: And then the active mining is shown to continue in the southern portions of phases SPEAKER1: one, two and three, which I'll show later on in their site plan. SPEAKER1: And then stockpiling is occurring in the northern portion of phase one and two. SPEAKER1: A little overview of the site location. SPEAKER1: So the site is located about a half mile east of highway 52, SPEAKER1: about a quarter mile south of County Road 42, SPEAKER1: which you can see is outlined in red in front of you. [11:52] SPEAKER1: It is in between the Steinegger and Bolander sites, SPEAKER1: and you can see that they do share a road access easement into the site with Bolander. SPEAKER1: Do you want to also mention that the site is zoned A-2 agricultural and is also 75 acres SPEAKER1: in size? Here's a little bit of aerial imagery from October 2024 and September 2025. [12:17] SPEAKER1: You can see in this aerial imagery, they did do a little bit of restoration in SPEAKER1: the southeast portion of the site, which was part of their plan, SPEAKER1: and they are extending from the east to the west with some of that. SPEAKER1: With that mining, you can kind of see on the west side, SPEAKER1: they are expanding to the west, with restoration occurring on the east side. [12:38] SPEAKER1: And here's a panoramic image from April 2024. SPEAKER1: And then also on the right, May 2025. SPEAKER1: Again, you can kind of see that restoration occurring in the southeastern corner. SPEAKER1: And they are expanding west east to west in that area as well. [12:55] SPEAKER1: A little overview of the site plan. SPEAKER1: So kind of mentioned earlier, they are active mining in the southern SPEAKER1: portion of phases one, two and three, which you can see. SPEAKER1: This is the southern portion. SPEAKER1: They are occurring. This phase one is outlined in that blue. And phase two is where SPEAKER1: that current excavation area is which is outlined in purple. [13:14] SPEAKER1: You can see that stockpile areas to the north of those areas which is outlined in that SPEAKER1: green. And they do plan on continuing to expand into phases one, SPEAKER1: two and three to the east, which they show on their plan. SPEAKER1: And they do plan on continuing the restoration in the southeastern corner. [13:33] SPEAKER1: Since they are running out of space in there, they are planning on occurring restoration as SPEAKER1: they continue to the west. SPEAKER1: A little overview of the reclamation plan. So grading work is expected to continue SPEAKER1: throughout 2026 and 2027. SPEAKER1: And they are they do plan to adhere to the grading plan that was submitted to the city. [13:52] SPEAKER1: The applicant is aware of this, but the property owner will be expected to SPEAKER1: fulfill the reclamation plans using additional on site material or bringing in SPEAKER1: off site soil when that needs to occur and then a couple site photos. SPEAKER1: So staff did go out to the site. [14:08] SPEAKER1: At the end of 2025 or fall 2025, just to do an annual review. SPEAKER1: So you can see that we're looking south, east and then south and also southwest on the SPEAKER1: site, kind of panning in on that main excavation area and a few additional site SPEAKER1: photos looking west, north and also east kind of panning around the site on the southern SPEAKER1: portion of the 75 acres. [14:33] SPEAKER1: I do also want to mention, as part of the annual review, staff does go SPEAKER1: out to the site to perform inspection, then also contact the Rosemount Police SPEAKER1: Department to see if any calls were made to the site with any complaints to staff's SPEAKER1: knowledge from the police department. SPEAKER1: There were no call ins and when site or when staff was on site, SPEAKER1: everything looked like they were following per the 2025 permit. [14:57] SPEAKER1: But with that, there is a recommended action in front of the Planning Commission today, SPEAKER1: which would be a motion to recommend the city council approve. Sorry, SPEAKER1: that's a typo. The Danner, Inc. SPEAKER1: Small Scale Mineral Extraction Permit for 2026 and 2027, SPEAKER1: subject to the terms and conditions in the draft conditions for mineral extraction. [15:14] SPEAKER1: I do know the applicants present if they have if you have additional questions for them, SPEAKER1: but I can answer any additional questions the Commission may have as well. SPEAKER5: Thanks, Julia. I do not have any questions. SPEAKER5: Does anybody else have any questions for Julia? SPEAKER6: My question maybe a little bit for you, a little bit for the for the applicant. [15:31] SPEAKER6: But. So the last permit ran out on December 31st. SPEAKER6: So there's been have there been no activity then for the last couple of months? I don't SPEAKER6: know how the business works. If it's not done in the winter. SPEAKER1: That might be a question for the applicant. To my knowledge, SPEAKER1: there has not been any work done. [15:47] SPEAKER1: We were in contact with Danner prior to this, SPEAKER1: so they were aware that their expiration was to be done at on December 31st. SPEAKER1: They did submit some material in January knowing that. But usually during the winter SPEAKER1: months there's usually not work done in those small scale extraction areas. [16:03] SPEAKER1: So. [16:06] SPEAKER6: They can speak to that too. SPEAKER5: So any other questions for Julia? SPEAKER5: Okay. Thank you. This item is a public hearing item. SPEAKER5: So at this time we will open up the public hearing. SPEAKER5: Anyone that would like to speak may do so at this time. SPEAKER5: Coming to the podium stating your name and address. [16:21] SPEAKER5: For the record, I would invite the applicant to come forward and address Commissioner SPEAKER5: Ellis's question about if any work is going on since the permit has expired for almost SPEAKER5: two months. SPEAKER2: Hi. Good evening everyone. SPEAKER2: My name is Brian Tschirhart. [16:38] SPEAKER2: I'm the grandson of Marley Danner, the original owner. SPEAKER2: My brother Jeff is here with me. SPEAKER2: Also, to answer your question, can. SPEAKER5: You state your address first to. SPEAKER2: Yeah. SPEAKER5: For the record, thank you. SPEAKER2: 3868 87th Street East, Inver Grove Heights. SPEAKER2: And to answer your question, you're correct. [16:54] SPEAKER2: There's not been work going on throughout the winter since the permit has been expired. SPEAKER2: Okay. SPEAKER6: And I appreciate that. SPEAKER6: Thank you. SPEAKER2: If anyone else has anything. SPEAKER5: Anyone else have questions for the applicant? No. SPEAKER5: Okay. Thank you. SPEAKER2: Thank you. SPEAKER5: Thanks. Is there anyone else in the audience who would like to speak on this item this SPEAKER5: evening? Seeing none, I'll make a motion to close the public SPEAKER5: hearing. Second, it's been moved by Commissioner, SPEAKER5: seconded by Commissioner Bednar. All those in favor, please say aye. [17:27] SPEAKER5: Aye. Opposed? Public hearing is now closed. SPEAKER5: Any other questions or comments before we move forward with this request? SPEAKER7: I had a question on. SPEAKER6: As we talk about annual permit and stuff. SPEAKER6: So now when we've gone to the two year permits, SPEAKER6: are you still going to be doing you or the city still going to be doing annual check SPEAKER6: ins, or does that now move to a kind of a biannual check in? [17:49] SPEAKER6: How does that work? SPEAKER1: So the two year will be in front of the planning commission. SPEAKER1: But we do plan on doing yearly like administrative check ins, SPEAKER1: just to make sure that they're still adhering to their permit process and also doing site SPEAKER1: inspections. You know. SPEAKER6: Our annual schedule hasn't changed. [18:05] SPEAKER6: Just the permitting. SPEAKER1: Correct. Yep. And then we'll still make sure if any you know, SPEAKER1: testing material needs to be submitted. Anything like that, that will still be SPEAKER1: required. It's just coming to the planning Commission is going to be every two years. SPEAKER6: Understood. Thank you. SPEAKER1: Yeah. SPEAKER5: Any other questions? Okay. [18:24] SPEAKER5: We could entertain a motion. [18:28] SPEAKER4: I'll make a motion to recommend the City council approve the Danner Inc small scale SPEAKER4: mineral extraction permit for 2026 and 2027, subject to the terms and conditions in the SPEAKER4: attached 2026 2027 draft conditions for mineral mineral extraction. [18:44] SPEAKER5: Second, it's been moved by Commissioner Buggi, seconded by Commissioner Ellis. SPEAKER5: All those in favor, please say aye. SPEAKER5: Aye. Opposed. Motion carries. SPEAKER5: This item also will move forward to City Council tentatively on March 17th. SPEAKER5: That concludes our public hearing section this evening. [19:02] SPEAKER5: Is there any new business? SPEAKER3: There's no new business. SPEAKER5: Anyone have any discussion items they want to bring forward to the commission? SPEAKER5: Okay, I will just do my typical administrative reminder. SPEAKER5: Then we have our next meeting on March 16th. [19:18] SPEAKER5: So just a reminder that is a Monday and it is earlier than normal because of spring break. SPEAKER5: So March 16th and then we're back to the fourth Tuesday after that. SPEAKER5: So April 28th and May 26th. SPEAKER5: Those are the next three upcoming meetings. SPEAKER5: If you have any conflicts with any of those, please let staff know right away. [19:37] SPEAKER5: So that we can ensure that we have proper quorum for the meetings. SPEAKER3: Madam Chair, also, one thing to note, since the meeting is earlier in March, SPEAKER3: we have received applications for that March meeting sooner and are able to talk about SPEAKER3: them. We will. The Planning Commission will be reviewing the site plan review for the SPEAKER3: Copperfield restaurant, which will be going next to First State Bank SPEAKER3: and suite needs. So that's something to look forward to. [20:02] SPEAKER3: As of right now, that's the only application that we've received. So that is anticipated SPEAKER3: to be the only item on the agenda. SPEAKER5: Okay. Thank you Anthony. SPEAKER5: Anything else from the commission? SPEAKER5: Okay. Well, with that, I will adjourn the meeting. [20:17] SPEAKER5: Meeting adjourned. [MUSIC]