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Home My WebLink About5.a. Pind Bend Development Co. / Richard Schuh Grading Permit _ . (,,/ • n P.Q. BOX 510 1�1�� 2875-145TH ST. W. O��AQu�2 ROSEMOUNT. MINNESOTA 55068 II'�� 612-423-4411 TOs CITY COUNCIL ""� ,�.t�L�2 J�a. . FRUM: MICHAEL WOZNIAK, AICP, CITY PLANNER DATE: SEPTEMBER 15, 1989 SU�J: SEPTEMBER 19, 1989 - REGULAR MEETING REVIEWS PINE BEND DEVELOPMENT COJRICHARD SCHUH GRADING PERMIT The City Council will recall that a Settlement Agreement was approved in May of this year which allowed Pine Bend Development Co. and Richard Schue an extension of a` grading permit for an 18 acre site located at the intersection of County Road 38 and County Highway 42. Enclosed wi#h this review is a copy af that Settlement Agreement. In the agreement it was stated that the City and Pine Bend Development Co. are in agreement that if all of the sand and gravel stockpiled on the site cannot be marketed to allow restoration by October l, 1989, Schuh may evenly distribute the remainiag stockpiled material in the general area iadicated on the grading plan, to allow complete site restoration by October 1, 1989. If Mr. Schuh has not restored the site by October lst, under the terms of the agreement one of two things would happen. Schuh would have the option of replacing the $25,000 performance bond with a $25,000 Cash Escrow and then would have until Qctober 25th to restare the site. If Mr. Schuh chooses not to replace the performance bond with a cash escrow then the City would take action to utilize the $25,000 Performance Bond to restore the site . ' Mr. Schuh has been trying to remove the stockpiled sand and gravel from the site but a considerable amount of material remains at this time. Schuh is aware of City Council's concerns regarding this grading permit and has indicated he is attempting to comply with the Settlement Agreement but would like Coucnil to consider an addtional extension. I have informed Mr. Schuh that if he desires to ask Council to reconsider this matter he should formally make a request in writing. Attached to this review is a copy of a letter from Mr. Schuh requesting consideration of an additional extension. City Staff recommendation is that we enforce the terms of the Settlement Agreement. This matter is being brought to the attention of City Council because it may involve the expenditure oE' legal fees to take action to draw an the Performance Bond. Also, there exists the passibility of a legal challenge from either Richard Schuh or Pine Bend Development Co. Unless City Council would desire to change the condition of the Settlement Agreement there is no need for further action at this time. . _ . � • Richard F. Schuh AA.H.D.Specification GRAVEL GONTRACTOR Excavating Road Materials 24090 July Ave. and Qrading SCANDIA, MN 55073 Shop Phone 25T•50T6 September 15, 1989 Michael A. Wozniak City Planner City of Rosemount Dear Mr. Wozniak: This letter is to update you on the Astleford pit on Cour�ty Road 42 and Emory Avenue. I have sold and hauled about 75� of the Class 5 gravel, on the site, some af the sand has been hauled out also. I had two contractors that were going to buy the sand for use in blacktop in St. Paul, but they did not use it in the end. I have a possible sale for the sand for a job on I-35 for fill but I cannot get it moved by October 1. The City of Rosemount has used some Class 5 gravel and asked about sand for winter ice con- trol, and have espressed interest in more of the sand and Class 5. I would be receptive to giving the city a low price or possibly donating some material to the city if we could work aut an agree- ment to extend the time tg close the pit up. Sincerely, �'�=�'�-�-� � ,��.. Richard F. Schuh . t . �- ..., • . . •� . SETTLEMENT AGREEMENT AGREEMENT made this � day of !� ��` , 1989, by, between, and among the CITY OF ROSEMOUNT, a Minnesota municipal corporation (�'Cltyn) , RICHARD SCHUH COMPANY ("Schuh") , M.G. ASTLEFORD COMPANY ("Astleford"j , PINE BEND DEVELOPMENT CO. ('�Pine Beridn) � 3rid BITUMINOUS MATERIALS� INC. (��BMI�') . RECITALS 1. Astleford and Pine Bend are owners of certain property located at the intersection of County Road 42 and Emery . Avenue in Rosemount, Minnesota, (hereinafter referred to as the "site") . 2. Schuh has an interest in the sand stockpiled on the site. 3. A grading permit for the sand stockpiled on the site was issued to Pine Bend on April 19, 1988. Pine Bend applied for an extension of the permit which has expired, but the extension was denied by the City Council 4. The purpose of this Agreement is to r�ach agreement and avoid litigation among the parties. NOW, THEREFORE, the parties agree as followss 1. On or before October 25, 1989, Schuh shall grade, seed with Minnesota Department of Transpartation mix No. 5, mulch, and fertilize the site consistent with the grading plan which is on file with the City. 2. No additional mining of material is allowed on the site. A11 stockpiled material shall be removed from the site by r04/05/89 < , � .. , � • Oct�ber 25, 1989. The City and Pine Bend are in agreement that if all af the sand and grat�el stockpiled on the site cannot b� marketed to allow restoration by this date, Schuh may evenly distribute the remaining stockpiled material in the general area indicated on the grading plan, to allow complste site restoration by October 25, 1989. It shall be further noted that final grades upon completion of site restoration shall not exceed a slope ratio of 4:1. 3 . Schuh shall forthwith file a $25,000 parformance bond with the City guaranteeing compliance with the terms of this Agreement. 4. BMI shall be released from any restoration obligations by the City and the City shall release the bond posted by BMI when Schuh's performance bond is posted. 5. The grading permit previously issued to Pine Bend is hereby amended to include Pine Bend and 5chu�i. 6. The grading permit is extended to October 15, 1989. 7. If Schuh does not restore the site by October 1, 1989, the City may demand performance by the bonding company. Schuh� at its option, however, may escrow $25,000 cash with the City by October 1, 1989, and the City shall return the bond to Schuh. The City may restore the site commencing October 25, 1989, if it has not already been restored, and cost incurred by the City, including reasonable attorney's fees, not paid for by the bonding company shall be reimbursed to the City by Schuh. 8. Schuh and Pine Bend each waive its rights to apply for a further extensian of the grading permit. -2- . , _y � � 9. Astleford shall pay to the City a grading permit fee of $563.00. IN WITNE5S WHEREOF, the parties hereto have entered into and executed this Agreement the day and year first above written. CITY OF ROSEMOUNT \ BY: ollan oke, Mayor AND teph il , A strator RICHARD SCHUH COMPANY BY s �-t..�c.��az.-.cC� � ��c.��.� Its ��,.,., M.G. ASTLEF4 CdMPANY �. _. c. w:..�..�,� BY z � �' �� PINE BEND �DEVELOPME , BY: ts ; BITUMINOUS MATER LS, INC. : � � �� • . . � � . � � BYt Its -3-