Hey. Hey. Hey. I call to order the Rosemont Planning Commission meeting for Tuesday, February 24th. Please stand for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Are there any additions to the agenda? >> Madam chair, there are no additions to the agenda this evening. >> Okay. Is there any input from the audience on items that are not on tonight's agenda? Okay, we will move forward to the consent agenda. The consent agenda contains our minutes of the January 27th, 2026 regular meeting. Are there any comments or questions on the consent agenda? >> I will make a motion to approve the consent agenda. >> Second. >> It's been moved by Commissioner Kener, seconded by Commissioner Ellis. All those in favor, please say I. I. >> I. Opposed. Motion carries. We have no old business. We will move on to our new business or sorry, our public hearings. Um the first one tonight is with Anthony, a subdivision request by the estate of Henry Fox to create a 20 acre parcel in the A2 agricultural zoning district. >> Anthony, the floor is yours. >> Yes. Thank you, Madam Chair. Uh the subject property uh tonight is very close to a property that was reviewed by the planning commission at the uh meeting in January. Uh this is in the southeastern portion of the city uh just off of Emory Avenue uh and west uh west of Emory Avenue, south of County Road 42. The request that is uh being proposed is to uh subdivide a larger parcel which is uh 122 acres in area uh to create a 20 acre parcel reducing the the overall area uh to uh just over 100 acres. Um so the ownership of the new parcel uh as the commission may have gathered uh the request is being proposed by the estate of uh Henry Fox who was a land owner and farmer in that part of the city. Um the request is to create that 20 acre parcel uh and transfer that to the adjacent property um that is also a beneficiary of the estate. Uh, also staff would like to note that 20 acres is lower than the um minimum. Uh, there was a typo in the the title of this agenda item. It is in the A1 agricultural preserve district. Minimum lot size of 40 acres in that district in order to comply with the requirements of the egg preserve uh statute. Um but because the new parcel being created uh is adjacent to uh a property that will be transferring ownership to uh the code would uh treats that as one single parcel. So uh the the new parcel created will be uh for all intents and purposes of the code 54.15 acres. uh there is uh no proposed changes to the use from its current agricultural use. So here is the site location. As I said, it's on the west side of Emory Avenue in the southeastern portion of the state. Just to provide some orientation here, Fischer Avenue along the right hand side of the screen is the eastern boundary of the city. Uh 160th Street East. Uh also County Road 46 is the southern boundary of the city. Here is County Road 42, also known as 145th Street East. Highway 52 over here. Uh you can see the parcel here outlined in yellow. Just north of this site are some of the um smallcale mineral extraction operations going on here. Uh, also just note uh this property in the southeast uh corner of the subject parcel uh is owned by Greg Fox uh and was reviewed for another item uh related to their farm last month. So this is the proposed subdivision uh the planning commission is being asked to consider. Uh this is the 122 acre property. Uh the new parcel would be parcel B here. So this shows parcel A, parcel B. This is the property here that would be combined with that one. So uh staff is recommending approval of the uh subdivision request subject to the uh uh ownership of the newly created parcel being uh transferred to the owner of that parcel immediate to the immediately to the east. Uh I mentioned earlier that this is part of the egg preserve program. Uh that is something that the Minnesota state statute uh has put in place uh that allows for uh the preservation of agricultural land within the metropolitan area. Uh it is min administered by Dakota County. Uh there are some benefits uh to the program to pro for property owners uh that are related to the um taxation. Uh special assessments can't be le levied against egg preserve property. Uh and then the value is based on the the um the market value is based on sales of uh agricultural property in non-tropolitan counties. So the value of the land is not uh based on land that could be developed into hundreds of houses. Uh the value of the land is based on the market value of agricultural property out in the townships and further away from the city. And so that is just a little bit of an overview of the egg preserve program. Um I just thought I would mention that as this is part of the city we don't really see too many requests from. Um, I'm happy to take any questions. Uh, the applicant is here who can maybe speak to it a little bit further, uh, if there are more questions from the commission. >> Thanks, Anthony. I have just one that occurred to me as you were talking. So, the 54 acres when combined is that lot is combining it with the lot we that had a split last month, right? >> Yes. So, that is the 54 acres is taking into account >> the separation of that small parcel for the new park. So then it was before it adds the 20 acres, it was also below the 40 acre limit or was that an A2 designation >> in the other >> last month? >> Yeah, that other parcel because it says that when it when it's combined, it's going to be a total of 54 acres. So that means right now it's sitting at 34 acres. >> Yeah. And it's not also counting that smaller uh parcel down here that is under the same ownership. >> Okay. So total it does >> work out. >> Okay. Thank you. There any other questions? >> No, that was my question as well. >> Any other questions from the commission? >> Okay. Thank you, Anthony. This item is a public hearing item. So at this time, we will open up the public hearing. Anyone that would like to speak may do so at this time coming to the podium, stating your name and address for the record. Okay, seeing no one um coming forward, I will make a motion to close the public hearing. >> Second. >> It's been moved by Commissioner Kener, seconded by Commissioner Bugai. All those in favor, please say I. >> I. >> I. Opposed. Motion carries. The public hearing is now closed. >> Any final comments or questions from the commission? >> No. Since we went through this last month, it seems to make a lot of sense. >> Yep. You want to make a motion? >> Sure. Yeah. I'll make a motion to recommend the city council approve the subdivision request subject to the ownership of the newly created parcel being transferred to the owner of the property immediately east of said parcel. >> Second. >> It's been moved by Commissioner Bugai, seconded by Commissioner Beer. All those in favor, please say I. >> I. Opposed. >> Motion carries. This item passes the planning commission. and it will go forward to city council tenatively on March 17th. The next item on our agenda this evening is a smallcale or request by Danner Inc. for a smallcale mineral extraction permit renewal for 2026 and 2027. And Julia, I will turn it over to you. All right. So, a little bit of an overview of the request today. Okay. So, the planning commission is being asked to consider uh the renewal of a small scale mineral extraction permit for Danner uh for 2026 and 2027. The Danner site has been operating as a mine for several years and the request for renewal is consistent with similar renewals uh that uh the planning commission has seen. I would also like to mention that smallcale mineral extraction is permitted in the city as an interimm use. Um and those permits do expire after two years. Uh previously before our zoning code update that was um approved in 2024, those interm uses were only good for a year. Um we did stagger Danner. Um so they only did have one for 2025 for a single single year. Uh but with the intent that 2020 2026 and 2027 would be a two-year one uh just to make it a little bit easier with all the different smallcale mineral extraction sites that are within the city. A little update on the site though. So in 2025, uh the applicant um stated that approximately 20,000 tons of sand and rock were removed from the site and about 10,000 cubic yards of hallback material was brought to the site. This is similar to recent years on the site as well. Uh for 2026 and 2027, the applicant um expected that same amount for um hallback and as well as extraction from the site. Um testing of the hallback material was completed in January 2025. Uh which the planning commission didn't did see at the previous renewal of the um small scale min extraction and the results were submitted to the city and were found to be um were found to be um um excuse me they were found to be um appropriate for what um was shown on the plan. Uh and then the active mining is shown to continue in the southern portions of phases one, two, and three. Uh which I'll show later on in their site plan. And then stockpiling is occurring in the northern portion of phase one and two. A little overview of the site location. So the site is located about a half mile east of Highway 52 and about a/4 mile south of County Road 42, which you can see is outlined in red in front of you. Um it is in between um the Siner and Bolander um sites and you can see that they do share um a road um access easement into the site with Bolander. Um do want to also mention that the site is um zoned A2 agricultural and is also 75 acres in size. Uh here's a little bit of aerial imagery from October 2024 and September 2025. Uh you can see in this aerial imagery they did do a little bit of restoration in the southeast portion of the site. uh which was um part of their plan and they are extending um from the east to the west with some of that um with that mining. You can kind of see um on the west side they are expanding to the west um with restoration occurring on the east side. Then here's a panoramic image from April 2024 and then also on the right May 2025. Again, you can kind of see that restoration occurring in the southeastern corner and the arc spanning west um east to west um in that area as well. A little overview of the site plan. So um kind of mentioned earlier they are active mining in the southern portion of phases one, two, and three. Uh which you can see this is the southern portion. they are occurring. This phase one's outlined in that blue and phase two is um where that current excavation area is which is outlined in um purple. You can see that stockpile areas to the north of those areas which is outlined in that green. Um and they do plan on continuing to expand um into phases one, two, and three to the east uh which they show on their plan. Um and they do plan on continuing the restoration in that southeastern corner. Um since they are running out of space in there, they are planning on um occurring restoration as they continue to the west. A little overview of the reclamation plan. So grading work is um expected to continue throughout 2026 and 2027 and they are they do plan to adhere to the grading plan that was submitted to the city. Uh the applicant is aware of this, but the property owner will be expected to f fulfill the reclamation plans uh using additional on-site material or bringing in off um site soil when that uh needs to occur. And then a couple site photos. So staff did go out to the site um at the end of 2025 or fall 2025 uh just to do an annual review. So you can see that we're looking south east and then south and then also southwest on the site kind of panning in on that main um excavation area. Then a few additional site photos looking west, north and also east kind of panning around the um site on the southern portion of the 75 acres. Uh do also want to mention as part of the annual review, staff does go out um to the site to perform inspection, then also contact the Rosemale Police Department to see if any calls were made um to the site with any complaints. Um to staff's knowledge um from the police department, there were no call-ins and um when site was or when staff was on site, everything looked like they were following um per the 2025 permit. Um but with that there is a recommended action in front of the planning commission today which would be a motion to recommend the city council approve um sorry that's a typo the Danner Inc. small scale mineral extraction permit for 2026 and 2027 subject to the terms and conditions in the uh draft conditions for mineral extraction. I do know the applicants present if they have if you have additional questions for them um but I can answer any additional questions the commission may have as well. >> Thanks Julia. I do not have any questions. Does anybody else have any questions for Julia? My question maybe a little bit for you and a little bit for the >> okay >> for the applicant. But so the last permit ran out on December 31st. So there's been have there been no activity then for the last couple months. I don't know how the business works if it's not done in the winter. >> That might be a question for the applicant. To my knowledge um there has not been any work done. Um we were in contact with Danner prior to this. So they were aware that their expiration was to be done at um on December 31st. Um they did submit some material in January knowing that but usually during the winter months um there's usually not work done in those small scale metal extraction areas. So >> okay and we can they can speak to that too. So >> any other questions for Julia? >> Okay. Thank you. This item is a public hearing item. So at this time we will open up the public hearing. Anyone that would like to speak may do so at this time. coming to the podium, stating your name and address for the record. And I would invite the applicant to come forward and address Commissioner Ellis's question about if any work is going on since the permit has expired for almost two months. >> Hi, good evening everyone. Uh my name is Brian Sherart. Um I'm the grandson of Marley Danner, the original owner. Uh my brother Jeff is here with me also. Okay. >> Uh to answer your question, >> can you state your address first too? >> Uh yeah, >> for the record. Thank you. 386887th Street East in Regrow Heights. >> Um, and to answer your question, uh, you're correct. There's not been work going on throughout the winter since the permit has been expired. >> Okay. >> And I appreciate that. Thank you. >> If anyone else has anything, >> thank you. Anyone else have questions for the applicant? >> No. >> Okay. Thank you. >> Thank you. >> Is there anyone else in the audience would like to speak on this item this evening? Seeing none, I'll make a motion to close the public hearing. >> Second. >> It's been moved by Commissioner Kener, seconded by Commissioner Beadner. All those in favor, please say I. >> I. Opposed. Public hearing is now closed. >> Any other questions or comments before we move forward with this request? >> Julie, I had a question on we talk about annual permit and stuff. So now when we've gone to the two-year permits, are you still going to be doing you or the city still going to be doing annual check-ins or does that now move to a kind of a bi-annual check-in? How does that work? >> So um the two-year will be in front of the planning commission, but we do plan on doing yearly like administrative check-ins just to make sure that they're still adhering to their permit process and also doing um site inspections. You know, our annual that schedule hasn't changed, just the permitting schedule. >> Correct. Yep. And then we'll still make sure um if any um you know testing material needs to be submitted, anything like that, that will still be required. It's just coming to the planning commission is going to be every two years. >> Understood. Thank you. >> Yeah. >> Any other questions? >> Okay. Could entertain a motion. >> I'll make a motion to recommend the city council approve the Danner, Inc. smallcale mineral extraction permit for 2026 and 2027. subject to the terms and conditions in the attached 2026 2027 draft conditions for min mineral extraction. >> Second. >> It's been moved by Commissioner Bugai, seconded by Commissioner Ellis. All those in favor, please say I. >> I. >> I. Opposed. Motion carries. >> This item also will move forward to city council tenatively on March 17th. That concludes our public hearing section this evening. Is there any new business? >> There's no new business. Okay. Anyone have any discussion items they want to bring forward to the commission? Okay, I will just do my typical administrative reminder then. We have our next meeting on March 16th. So just a reminder that is a Monday and it is earlier than normal because of spring break. So March 16th and um then we're back to the fourth Tuesday after that. So April 28th and May 26th, those are the next three upcoming meetings. If you have any conflicts with any of those, please let staff know right away um so that we can ensure that we have proper um quorum for the meetings. >> Uh madam chair, also one thing to note since the meeting is earlier in March, we have received uh applications for that March meeting sooner and are able to talk about them. Uh we will the planning commission will be reviewing the site plan review for the Copperfield restaurant which will be going next to um for State Bank and sweet needs. So that's something to look forward to. As of right now, that's the only application that we have received. So that is anticipated to be the only item on the agenda. >> Okay. Thank you, Anthony. Anything else from the commission? >> Okay. Well, with that, I will adjourn the meeting. Meeting adjourned.