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HomeMy WebLinkAbout9.a. Mining MoratoriumCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: June 20, 2000 AGENDA ITEM: Mining Moratorium AGENDA SECTION: New Business PREPARED BY: Rick Pearson, City Planner AGENDA' 9 I V - A ATTACHMENTS: "Agreement with Dahlgren, Shardlow and APPROVED BY:' Uban, Inc. SUMMARY City Attorney Charlie LeFevere will have prepared an ordinance establishing a moratorium for new mining permits to be handed out at the meeting on Tuesday evening. Integral to the reason fora moratorium will be the comprehensive mining study conducted by the City working with DSU. The recently executed agreement with DSU has been attached. RECOMMENDED ACTION: Motion to adopt an interim ordinance establishing a moratorium on new mining operations in the City of Rosemount. CITY COUNCIL ACTION: DAHLGRENi SHA RD L O W MCORPORATED CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612.339.3300 June 7, 2000 SUN '� 2 ZQQQ E Mr.Thomas Burt, City Administrator CITY ov ROSEMOUI Ci ty of Rosemount 2875 145th Street West Rosemount, MN 55068 -4997 p RE: Letter of Agreement for Professional Planning Services Related to the Study of Potential Large- Scale Mining Operations in the City of Rosemount Dear Mr. Burt: We are pleased to offer our professional assistance to the City of Rosemount regarding the above matter. This letter will serve as the Letter of Agreement between Dahlgren, Shardlow, and Uban, Inc. (hereafter called DSU), and the City of Rosemount (hereafter called the City), related to the employment of DSU as described below. E OBJECTIVE OF SERVICES i The objective of our services will be to assist the City ". manage land use development for Rosemount with aggregate mining as apotential economic use of certain land areas" (Memo: Mineral Extraction in Rosemount, Rogness and Pearson, March 31, 1999). The Study Area includes approximately all of the land in the City of Rosemount east of Akron Avenue. DSU will work with the City Staff to research the potential availability of sand and gravel deposits in this area and to develop a conceptual operation plan, end use grading plan, phasing plan and land use plan. DSU will estimate the potential volume of available material and time needed to complete mining and processing operations based on several extraction rates. DSU will provide research and plans to the City Staff, who will present the information to the Planning Commission and City Council in a continuing series of joint workshops to discuss the feasibility of expanding mining and processing operations beyond current regulatory controls. As an optional service, should the City decide in favor of expanding mining and processing operations, DSU will work with the City Staff to draft comprehensive language, including, but not limited to, use, performance, and design standards to regulate these operations. SCOPE OF SERVICES To date, DSU has worked with the City Staff to research certain matters relating to the future of aggregate mining in the City of Rosemount. This work has included the review of the City's Comprehensive Plans, Mining Ordinance and examples of existing mining permits. DSU has prepared base maps from Dakota County GIS data for discussions with City Staff and provided additional background information at two Mr. Thomas Burt June 7, 2000 Page 2 joint workshops with the City Council and Planning Commission. Finally, DSU has prepared exhibits that were presented along with testimony to the Aggregate Resources Task Force regarding the City's concern that host communities derive little benefit from mining operations. DSU will continue to provide professional planning services to the City in pursuit of the above objectives in two phases: Phase 1: General Research DSU will continue to research available sources related to the potential availability of sand and gravel deposits in the Study Area. DSU will assemble additional base information from the Aggregate Resources Task Force, Department of Natural Resources, Minnesota Geological Survey, Metropolitan Council, Dakota County, University of Minnesota and the City of Rosemount that may include existing and proposed land uses, orthophotography, topographical mapping, parcel mapping, soils mapping and utilities. All information will be digital format. Unless otherwise directed by the City, DSU will proceed to the next phase only if there is evidence that the Study Area contains potentially significant aggregate resources. Phase 2: Analysis and Exhibit Preparation DSU will work closely with City. Staff to examine alternative conceptual operation plans, end use grading plans, phasing plans and land use plans reflective of large -scale mining and processing operations. Together, we will identify potential environmental and cultural constraints in order to develop the most appropriate plans for the Study Area. DSU will estimate the extent of mining in acres, the potential volume of available material and the time needed to complete mining and processing operations based on several extraction rates. DSU will work with the City Staff to assemble the research and prepare exhibits for the City Staff to present at the Joint Planning Commission and City Council Workshops. Possible exhibits may include: existing zoning and land use, proposed zoning and land use, aerial photography, topographic mapping, conceptual plans developed during the previous phase and potential volumes of available aggregate resources. Should the City need further assistance, DSU is prepared to offer the following: Optional Phase 3: Ordinance Preparation City Staff will present the research and plans to the City Council in a continuing series of workshops from which City Staff and DSU will receive input and direction for expanding or reducing zoning districts beyond current regulatory controls to accommodate large -scale mining and processing operations. Assuming the City decides in favor of expanding opportunities for large -scale mining and processing operations, DSU will work with City Staff to prepare the draft provisions which will set forth use, performance and design standards for the Mining District, including, but not limited to (a) the purpose and intent of the district; (b) a definition of terms; (c) the types of permitted, accessory, conditional and other uses as appropriate, (d) height, width and bulk standards; (e) performance standards; and (f) design standards, as applicable. A public hearing draft of the Mining District will be prepared by DSU and City Staff. This draft will be reviewed by the City Attorney before being pesented to the public and any final changes or additions will be incorporated. Mr. Thomas Burt June 7, 2000 Page 3 Optional Phase 4: Public Hearing DSU will attend a public hearing session to present the proposed Mining District, and respond to questions and comments for those in attendance. At the request of the City Council, DSU will work with the City Attorney to make minor modifications to the Mining District language prior to its adoption. COMPLETION TIME The work outlined above will begin immediately upon receipt of this agreement and will be completed as expeditiously as possible unless delayed for reasons of unexpected emergencies, forces beyond the control of the parties, or by request of a party acquiesced in writing by the other party. If so delayed for more than six (6) months at the request of the Client, the Consultant reserves the right to renegotiate the contract to account for rising costs before resuming work. It is estimated that Phases I and 2 can be completed within three months of receipt of this agreement. Completion of Optional Phases 3 and 4 will be dependent upon the amount of work and the City's schedule. COST OF SERVICES The cost of DSU's services will be billed to the City monthly for the work completed during the previous month on a Tune Plus Materials Basis. We estimate the cost of our services to be as follows: Phase 1: General Research $2,500 Phase 2: Exhibit Preparation $5,000 Optional Phase 3 Ordinance Preparation $4,500 Optional Phase 4: Public Hearing $2,000 Reimbursables: $1,400 REIMBURSABLE EXPENSES The City will reimburse DSU for all direct expenses relating to the professional services described above according to the attached Standard Rate Schedule. These expenses may include postage, mileage, lodging, delivery charges, reproduction charges, fax, long distance phone, and other typical and normal expenses associated with this type of planning work. Any unusual or large expenses will be approved in advance by the City. ADDITIONAL SERVICES We will endeavor to work efficiently and in close contact with City staff and will not perform work beyond the scope of this contract unless specifically requested to do so by the City. Additional meetings or other work specifically requested and authorized by the City will be charged extra, according to the attached Standard Rate Schedule. BILLING All costs incurred under any of the items covered by this letter of agreement will be payable to DSU upon receipt of a monthly invoice showing the work completed during the previous month and the cost of that Mr. Thomas Burt June 7, 2000 Page 4 work, including any expenses. A service charge of one and one -half percent (1.5 %) will be added to each invoice not paid within thirty (30) days. TERMINATION This agreement may be terminated upon written notice by either party. In the event of termination, the City agrees to pay DSU for the work completed and expenses incurred up to that point. We ask that you please review the proposed scope of services and let us know of any modifications which would better meet your needs. If the proposed scope of services meets with your approval, we ask that you please return one signed copy of this letter of agreement to our office. We look forward to our continued work with you. Sincerely, DAHLGREN, SHARDLOW, AND UBAN, INC. Job . Shardlow, AICP, President ate /0 1A,4A A-04A f7 C. John Uban, ASLA, CEO Date CONDITIONS AGREED TO: 6 J� - 1XJ Burt, , rt, City nis ator Date City of Rosemount Attachments: Standard Rate Schedule Billing Policy DAHLGREN, SHARDLOW AND UBAN, INC. \ BILLING POLICY STATEMENT We are pleased to have the opportunity to provide services to you. With this Statement, we hope to avoid confusion or misunderstanding by explaining how and when we bill for those services. Usually, we bill for our services in a range of hourly rates. The appropriate rate is dependent upon a variety of factors, such as the type of work involved, the level of expertise required, the experience of the individuals involved, and the magnitude of the project. Our rates are subject to modification from time to time. We will provide you with a monthly invoice that summarizes the professional services that we have provided and other charges. Payment is due net 30 days. If payment is not received during that time, it is our policy that finance charges of 1.5% will begin to accrue. If you have any questions or concerns about the statement, we encourage you to contact the Project Manager or the Billing Department (612/339- 3300). If you prefer, you may also contact either C. John Uban or John Shardlow directly. Reimbursable costs incurred on your behalf will also appear on your monthly invoice. Reimbursable costs include, but are not limited to, such items as mileage, parking, long distance telephone charges, messenger services, facsimile charges, copying charges, airfare, lodging, as well as any authorized outside services. These charges will appear separately on the invoice and also have the same payment terms as stated above. If payment is not received within 30 days after you receive your invoice, your account will be considered delinquent. In the event your account becomes delinquent, you should contact us without delay and we will make every effort to reach mutually agreeable payment terms. If, however, we are unable to do so, we reserve the right to cease working on your project until your account is current, or terminate our agreement. We will then take such collection steps as we may deem appropriate under the circumstances. We are, very pleased to be working with you and we appreciate the confidence you have placed in us. We will make every reasonable effort to achieve successful results for you and we look forward to a continued good relationship. DAHII,G SHARDLOW; AND UBAN, INC. "' STANDARD RATE SCHEDULE 2000 Staff Member Principal GIS Specialist GIS Technician Senior Planner Planner Landscape Architect CADD Specialist Draftsperson/Designer Administrative Accountant Administrative Assistant Outside Consultants Supplies Expenses Mileage Travel Time over l hour Expert Testimony Special Counsel Howard Dahlgren Public Presentations Past Due Accounts i i I [IT-T-1 $135.00 to $165.00 $60.00 to $85.00 $45.00 to $65.00 $55.00 to $95.00 $35.00 to $65.00 $55.00 to $100.00 $50.00 to $75.00 $35.00 to $65.00 $40.00 to $65.00 $35.00 to $50.00 Cost Plus 5% Cost Plus 15% Cost Plus 15% $0.325 Per Mile 1/2 Hourly Rate Two Times Hourly Rate (4 hour minimum) $200.00 1.5 Times Hourly Rate 1.5% Per Month 2-(�ern q, a CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, PLACING A MORATORIUM ON NEW MINERAL EXTRACTION OPERATIONS IN THE CITY OF ROSEMOUNT The City Council of the City of Rosemount, Minnesota, ordains as follows: Section 1 : Background. 1.01. Mineral extraction is allowed in some zones of the City east of Akron Avenue by permit pursuant to Code Section 12.4. 1.02. The City has been in the process of evaluating the impacts on the community of such mineral extraction or mining activities, and has concluded that the official controls regulating this activity are not, or may not be, adequate to protect the public health, safety and welfare. 1.03. The City has commissioned a study by contracting for professional services with the consulting firm of Dahlgren, Shardlow and Uban. The study will include an analysis of the potential future of mining operations and the impact on the community of those operations with the ultimate objective of enacting appropriate official controls for mining activities in the City. 1,04. The City has received an application for another new mineral extraction permit in the City. 1.05. Due to the pendency of an application for a mineral extraction permit which may not be consistent with future amendments to the comprehensive plan and official controls and the potential for development of other such operations, the council has determined that there is a need for an interim ordinance to be adopted pursuant to Minnesota Statues, Section 462.355, Subd. 4, for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the city, and ensuring that the city and its citizens retain the benefits of, and the protection sought to be afforded by, the ' city's comprehensive plan and zoning ordinances until the study process is complete and any modifications to the city's comprehensive plan, zoning ordinance and other official controls become effective. Section 2. Properties Subject to Moratorium. 2.01. Properties subject to the provisions of Section 3.01 of this ordinance include all properties in the city. ORDINANCE NO. Section 3. Prohibition. 3.01 During the period this interim ordinance is in effect, no properties described in paragraph 2.01 may be used for new mining operations and no mineral extraction permits for new ;mining locations will be considered, approved or granted by the City. Section 4. Effect on Pending Applications. 4.01. All applications subject to this moratorium which are pending or which are received during the time this ordinance is in effect shall be deemed to be denied for purposes of Minnesota Statues, Section 15.99. The City Administrator shall cause notification of such denial to be given to all applicants stating the adoption of this ordinance as to the reason therefor. Fees paid in correction with such applications shall be returned or refunded tQ the applicant. Section 5. Effective and Termination Dates. 5.01. This ordinance shall be effective on the date following its publication. 5.02 This ordinance shall be repealed without further action by the City Council on December 20, 2001, unless earlier amended, repealed or extended by ordinance duly adopted by the City Council. ADOPTED this 15th day of July 2000. Cathy Busho Mavor ATTEST: Linda J. Jentink City Clerk Published this day of 2000 in the "Rosemount Town Pa es." i