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HomeMy WebLinkAbout~20210119 CCM RM - PACKEThttp://rs-img.ci.rosemount.mn.us/weblink8/DocView.aspx?id=347xxx AGENDA City Council Regular Meeting Tuesday, January 19, 2021 7:00 p.m. Virtual Meeting via Zoom 1.CALL TO ORDER/PLEDGE OF ALLEGIANCE 2.APPROVAL OF AGENDA 3.PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS 4.PUBLIC COMMENT(Members of the public can participate via Zoom by using the following link or dialing in https://us02web.zoom.us/j/85630446586 or 929-205-6099 (Webinar ID: 856 3044 6586) 4.RESPONSE TO PUBLIC COMMENT 6.CONSENT AGENDA a.Minutes of the January 5, 2021 Regular Meeting Proceedings b.Minutes of the January 5, 2021 Work Session Proceedings c.Minutes of the January 5, 2021 Special Work Session Proceedings d.Bills Listing e.Appoint 2020 Class of Fire Fighters f.Charitable Gambling Premise Permit Irish Football Boosters g.Renewal of the Dakota Aggregates Large Scale Mineral Extraction Permit Through 2021 h.Renewal of the Danner, Inc. Small Scale Mineral Extraction Permit for 2021 i.Renewal of the Shafer Contracting Co., Inc. Small Scale Mineral Extraction Permit for 2021 j.Renewal of the Small Scale Mineral Extraction Permit at the PedKuznia Properties for Bolander and Sons for 2021 k.Approve Lease Agreement for Toro Mowers l.132nd Street Improvements, City Project 465 Final Acceptance and Authorization of Final Payment m.Addison Avenue Improvements, City Project 2018-06 Final Acceptance and Authorization of Final Payment n.Approve Plans and Specifications and Authorize Advertisement for Bids for the 2021 Street Improvement Project, City Project 2021-01 o.Deepwoods Court Improvements, City Project 2020-03 Final Acceptance and Authorization of Final Payment p.Targeted Picketing Ordinance Adoption 7.PUBLIC HEARINGS a.Public Hearing for a Request by CNC Development IV, LLC, for the Vacation of a Drainage and Utility Easement over Outlot B, Emerald Isle 1st Addition 8.UNFINISHED BUSINESS a. Report on Annual Evaluation of the City Administrator 9.NEW BUSINESS a.Request by CNC Development IV, LLC, for Final Plat Approval of Emerald Isle 2nd Addition 10.ANNOUNCEMENTS http://rs-img.ci.rosemount.mn.us/weblink8/DocView.aspx?id=347xxx a. City Staff Updates b. Upcoming Community Calendar 11. ADJOURNMENT NOTICE: Meeting procedures, access and participation information due to Pandemic Emergency Orders are posted on the City’s website: https://coronoavirusresources-cirosemountmn.hub.arcgis.com/. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 5, 2021 CALL TO ORDER Pursuant toduecallandnotice thereofaregularmeetingoftheRosemountCityCouncilwasheld onTuesday, January5, 2021, at7:00p.m. inRosemount CouncilChambers 2875145thStreetWest. andvirtuallyviaZoom. MayorDrostecalled the meetingtoorderwithCouncil member Block, Essler, Weisensel, and Freskeattending. Staffpresentincludedthefollowing; CityAdministrator Martin Community Development DirectorLindquist Parks & Recreation DirectorSchultz ChiefofPoliceDahlstrom ThePledge ofAllegiancewasrecited. OATH OF OFFICE Councilmember HeidiFreskeandJeffWeisensel were swornintooffice. APPROVAL OF AGENDA MotionbyWeisensel Second byBlock MotiontoAdopttheAgendaaspresented. Ayes: 5. Nays: None. Motioncarried. PUBLIC COMMENT None CONSENT AGENDA MotionbyWeisensel Second byFreske Motiontoapproveconsent agendapullitemj, k, l, m a. Minutes oftheDecember 15, 2020Regular MeetingProceedings b. BillsListing c. Appointment ofActing Mayor d. Establish 2021Councilmember Assignments e. 2021SolidWasteHaulersLicenses f. Designation ofOfficialNewspaper g. Transfer/Loan – FlexibleSpendingAccount h. Naming ofDepositories & Financial Institutions i. Approve MHealth FairviewLeaseandServices Agreements withRosemount Fire Department j. Approval ofCDBG Resolution FY2020 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 5, 2021 k. SolidWasteand Composting Ordinance Amendment l. Charitable Gambling PremisePermit Metro Baseball League m. ReceiveDonations tothe FireDepartment n. Chippendale Water TowerReconditioning, CityProject2019-02FinalAcceptance and Authorization ofFinalPayment Ayes: Weisensel, Block, Droste, Essler, Freske Nays: None. Motion carried. 6.j. Approval ofCDBGResolution FY2021 Councilmember Essler pulledthisitemforadditional information regarding the $60,000allocation andwhether itisinterchangeable. Community Development Director Lindquist furtherelaborated thatthe $60,000canbeinterchanged andnotedthisallocation discussion takesplacewith Port Authority. Ms. Lindquistalsonotedwhathasbeendoneinthepastandstatedifastrongneedis foundtoamendthefundallocationthatanamendment canbedone. MotionbyEsslerSecond byBlock Ayes: Block, Droste, Essler, Freske, Weisensel Nays: None. Motion carried. 6.k. SolidWaste andComposting Ordinance Amendment Councilmember Essler pulledthisitemforinformational purposes forourresidents. Councilmember Essler encourages residentstorecycle. CityAdministrator Martininformed council ofstaff’sdiscussions onhowtoencourage recycling throughdifferentincentiveprograms. Director ofParks & Recreation Schultz provided additional information astohowthecityis engagedwithpromoting recycling inourparks. Mr. Schultzalsonoted theEnvironment and Sustainability Commission hasdoneatremendous jobwitheducatingresidentsandengaging residents ontheimportance ofrecycling. MotionbyEsslerSecond byFreske Ayes: Droste, Essler, Freske, Weisensel, Block Nays: None. Motion carried. 6.l. Charitable Gambling Premise PermitMetroBaseballLeague Councilmember Essler pulledthisitemforfurther discussion asCouncilmember Essler is recommending amending ourcurrentordinance. Currently, MetroBaseball League doesnotreport tohavespent80% withinRosemount’strade area. Councilmember Esslersuggests staffstartthe process ofreviewing ourcurrentordinance toseeifthetradeareacanbeconfinedtothe Rosemount SchoolDistrict tobetterbenefitthoseofRosemount. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 5, 2021 MotionbyFreskeSecondbyDroste Ayes: Block, Droste Nays: Essler, Freske, Weisensel. Motion failed. 6.m. ReceiveDonations totheFireDepartment Councilmember Essler pulled thisitemforrecognition purposes. MotionbyEsslerSecond byBlock Ayes: Freske, Weisensel, Block, Droste, Essler Nays: None. Motion carried. ANNOUNCEMENTS 10.a. StaffUpdates CityAdministrator Martin provided staffupdates including information forDakotaCounty vaccine updatesandtostaytunedforfurtherdetailsregarding theupcoming Martin LutherKingJr. Day event. 10.b. Upcoming Community Calendar MayorDrostereviewed thecalendar ofevents andupcoming meetings. ADJOURNMENT Therebeingnofurther businesstocome before theCityCouncilattheregularcouncilmeeting and uponamotionbyDroste andasecondbyEsslerthemeetingwasadjournedtoaclosedmeeting at 7:41p.m. Respectfully submitted, ErinFasbender CityClerk ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS JANUARY 5, 2021 CALL TO ORDER Pursuant toduecallandnotice thereofawork sessionoftheRosemount CityCouncilwasheld th thonTuesday, January5, at5:00pmatRosemount CityHall, CouncilChambers, 2874145 Street West. MayorDrostecalledthemeetingtoorderwithCouncilmember Weisensel, Block, Esslerand Freske. Staffpresentincluded CityAdministrator Martin, ParkandRecreation Director Schultz, Public Works Director/CityEngineer Erickson, Community Development DirectorLindquist, andChief ofPoliceDahlstrom. DISCUSSION 2.a. ReviewInitialConcept forFlintHillsTrailhead Director ofParks & Recreation Schultzdiscussed thefourpreliminary conceptplansforFlintHills Athletic ComplexwhichwouldbeajointprojectwithDakotaCounty. Thecomplex willbea restroom andconcessions facilityforthesevengreenfieldsattheFlintHillsAthletic Complex and trailhead fortheRosemount Greenway. Mr. Schultz discussed thefourconceptplansinfurther detailandcomparedtheplanstoothercomparable establishments. TheParks & Recreation Commission recommends goingforwardwithconcept plannumber1, buttoexpandthe bathrooms. StaffiscurrentlyapplyingfortwoDNRGrants foradditional funding; aregional trailgrantanda parksimprovement grant. Thegrantapplications aredueinMarchandwillbeawarded inJune. The project isestimated togooutforbidsinJanuary 2022andconstruction tofollow inthatyear. Staff willalsobeaskingtheCityCouncil toenterintoajointpowersagreement tocostsharethisproject withDakota County. Council agreed onthefirstconcept planbutsuggested switchingthemechanical doorfromthe southside, considersolar paneling, haveadequate supportforbicyclists, andensure thereare additional tables. 2.b. Potential Sewer ServiceExtension Community Development DirectorLindquist provided additional information toassistindeciding whethertobeginextension ofpublicinfrastructure. Theareabeing discussed isthe “triangle area” ththeneighborhoodboundedbyHwy3, BiscayneAvenueand130 tothesouth. thStaffrecommendsexploringextensionsanitarysewerto130 Streetandanticipates running water withinthesamesanitarysewertrench, whichwouldbeapproximately $425,000. Staffhasreviewed thecorefunds andthereappearstobeenoughfunding topermitextension ofwaterandsanitary thsewerto130. Councilsuggestedinvitingtheneighborhood toapublic meeting togettheirfeedback regarding the possible extensionanddiscuss timelines forthistoproject. Councilrecommended staffalso ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS JANUARY 5, 2021 consider alargerfutureproject, i.e. paveroadsandprioritize thisproject amongtheothers inorder tobetterunderstand howsoonthisextensionneedstotakeplaceandtoprioritize funding. Inthemeantime, staffwillstarthavingconversations withtheAnderson property astheyare requesting alotdivisiononthepotentialextension. 2.c. Restaurant Outdoor Patio Regulations Community Development Director Lindquist discussed arecent requestforanoutdoor patio located onthesouthsideoftherestaurant, adjacent to151stStreet andtheClaret Springs townhomes. Therearetwoissuesraisedbythisinquirybaseduponthecurrentordinances; the seating areashallnotbepermitted withintwohundred feet (200') ofanyresidential useandthepatio ordeckareashallbecontrolled andmonitored continuously duringthehoursofoperation. Councilsuggested reviewing thecurrentordinance thissummerasthedistance requirement of200 feetmaybemorethanneeded. Therewasnoconcernregarding noisecontrolbaseduponthe current planandthehours ofoperation. Councilalsostated thatthewaitstaff cominginandoutand apossible camera wouldsatisfythecontrolled andmonitored requirement. Counciladvised staffto connectwiththeownerregarding theplansfortrees, numberoftables andadditional greenery versusthetallboards. Thenextstepswould befortherequesttogotothePlanning Commission forapublichearing. The restaurant owner didnotethattheownerreached outtotheresidents innearby thetownhomes and onlyonehadanissueandtheotherseitherdidn’trespond orhaveanissuewiththeoutdoorpatio request. UPDATES 3.a. PotentialLandDonation CityAdministrator Martin andChiefofPoliceDahlstrom informed councilthelanddonation that hasbeenpreviously discussed hasbeenlockeddown. FlintHillwilldonate20acresnorth ofthe FlintHillsAthleticComplex. Next stepswillbetofinalizeacooperative agreement amongtheState, FlintHillsandtheCity. ADJOURNMENT There beingnofurther business tocomebeforetheCityCouncil anduponamotionbyDroste, second byWeisensel, themeeting wasunanimously adjourned at6:52pm. Respectfully Submitted, ErinFasbender CityClerk ROSEMOUNT CITY COUNCIL CLOSED SPECIAL WORK SESSION PROCEEDINGS JANUARY, 52021 CALL TO ORDER Pursuanttoduecallandnoticethereofaclosed worksession meeting oftheRosemount CityCouncil thwasheldonTuesday, January5, 2021atRosemount CityHall, 2875145 StreetWest, Rosemount. MayorDrostecalled themeetingtoorderat7:55pmwithCouncil Members Weisensel, Block, Essler, andFreske attending. DISCUSSION Inaclosed sessionfollowing theregularCityCouncil meeting, theCityCouncilconducted theannual performance reviewofCityAdministrator Martin. Areport ontheresultsofCityAdministrator Martin’sperformance reviewwillbeprovided atthenextCityCouncilmeetingonJanuary 19, 2021. ADJOURNMENT Therebeingnofurther businesstocome before theCityCouncil, withamotion fromDroste, the closedmeeting wasadjournedat9:25p.m. Respectfully Submitted, ErinFasbender CityClerk EXECUTIVE SUMMARY City Council Regular Meeting: January 19, 2021 AGENDASECTION: AGENDAITEM: Hiring ofNewFirefighters Consent PREPAREDBY: Fire Chief Schroeder AGENDANO. 6.e. ATTACHMENTS: None APPROVEDBY: LJM RECOMMENDED ACTION: Motion approving thehiring of6new firefighters, effective January 5, 2021. BACKGROUND Over the pastfewmonths, firefighter applicants NicholasSchwen, LukeSeverson, Justin Hirman, Kimberly Lawrence, Laurence MicaleandAndrewLarson havegonethroughphysicalagilitytesting, completed awritten test, participated inaninterview process, completed medical testingandcompleted background packets thatwereinvestigated bytheRosemount Police Department. Alllisted candidates havesuccessfully passedeachphase ofthehiringprocessandarereadytomove forwardintotheprobationary employment period. RECOMMENDATION Staffrecommends thehiringoftheabovelisted Firefighter candidates asprobationary firefighters effective January 5, 2021. EXECUTIVESUMMARY CityCouncil Regular Meeting: January 19, 2020 AGENDAITEM: Charitable Gambling Premise Permit Irish AGENDASECTION: Football Boosters Consent PREPAREDBY: ErinFasbender, CityClerk AGENDANO. 6.f. ATTACHMENTS: Draft Resolution APPROVEDBY: LJM RECOMMENDEDACTION: Motion toadopt thedraftResolution approving theCharitable Gambling Premise Permit forIrishFootball Boosters atThe Clover located at14845South Robert Trail. BACKGROUND IrishFootball Boostersisrequesting consideration foraGambling Premise PermitatTheCloverlocated at14845SouthRobert TrailinRosemount. IrishFootball Boosters currently holdsaGambling Premise PermitatCelt’sandTOPS Tavern inRosemount. Theprevious premise permit application fromtheMetroBaseballLeague (MBL) wasconsidered atthe January5, 2020regular meeting, anduponamotionmade toapprove thepremise permit, themotion failed2-3. Councilmembers requested staffreview thetradearealanguage intheCity'scurrent ordinance (expend eighty percentannuallyofitslawfulpurpose expenditures onlawfulpurposesconducted orlocated withinthecity'stradearea, which shallinclude onlythecityofRosemount andanycitywithaboundary contiguous toRosemount). Oneideathatwas discussedwastopotentially update thetradeareatobeconfined totheRosemount SchoolDistrict to ensureproceeds havealocalimpact. Uponmeeting withthecityattorney, therearelimited optionsinState lawfordesignating atradearea. State statuterequires thecity’sordinancemustdefinethecity’strade areaandtheareamustinclude atleast each cityandtownship contiguous tothedefiningcity. NearbycitiesofAppleValley andLakeville have notradearearequirements (andthusnolocalexpenditure requirements), whereas Eagandefinesthetrade areatoincludeallcontiguous cities andrequires sixty percent oflawful purpose expenditures mustbe withinthetradearea. Based uponthisinformation, anordinance change confining thetradeareatotheRosemount School District ortheCityofRosemount proper isnotfeasiblebaseduponthestatutory tradearearequirement. IftheCouncilwishestomakeachange, theonlyremaining option wouldbetoestablish no tradearea, whichwouldseemtobecontrary tothedirection from theCounciltoensure gambling expenditures are spentlocally. TheCloverprovided proofthattheyhadnotified qualifiedorganizations thathaveexpressed written interest inoperating lawfulgambling atTheClover. IrishFootball Boosters andMetroBaseball League werethetwoorganizations toexpress interest. Upondenial ofMetro BaseballLeague’sapplication atthe January5, 2020meeting; TheCloverreached outtoIrishFootballBoosters toapply forapremisepermit atTheClover andTheCloverhasnotified staffoftheirinterestinmovingforward withIrishFootball Boosters. IrishFootball Boosters mustsubmittheirapplication withtheStateofMinnesota whichrequiresapproval fromtheCityCouncil toproceed. Stacy Ratzlaffwillserveasthegambling manager. Uponreviewoftheapplication andrecentbackground checksconducted byourPoliceDepartment, there arenoissues thatwoulddisqualify theapplicant fromobtaining agambling license. RECOMMENDATION Staffrecommends approvaloftheabove-stated motion. 2 CITYOFROSEMOUNT DAKOTACOUNTY, MINNESOTA RESOLUTION2021 - XX ARESOLUTIONAPPROVINGACHARITABLEGAMBLINGPREMISEPERMITFOR IRISHFOOTBALLBOOSTERSATTHECLOVER14845SOUTHROBERTTRAIL, ROSEMOUNT WHEREAS, theIrishFootball Boosters hasrequested aCharitable Gambling Premise Permit at TheClover, 14845SouthRobert TrailinRosemount; and WHEREAS, suchpermitsareissued bytheMinnesota Gambling Control Boardpursuant to Minnesota Statutes 349.16; and WHEREAS, IrishFootball Boosters willberesponsible foroperating andmanaging thelawful gamblingactivityonthepremise andwillcomplywithallapplicable requirements ofcitycodeand statestatute; and WHEREAS, Minnesota Statues 349.213, Subd. 2, provideslocalgovernment approvalor disapproval ofsuchapplications priortoissuanceofthepermits; and WHEREAS, IrishFootball Boosters isaqualifiedorganization; THEREFORE, BEITRESOLVED bytheCityCounciloftheCityofRosemount, hereby approvestheCharitable Gambling PremisePermitapplication submitted bytheIrishFootball Boosterstoconductcharitable gambling atTheClover, 14845SouthRobert Trail, inRosemount. thADOPTEDthis19 dayofJanuary, 2021bytheCityCouncil oftheCityofRosemount. WilliamH. Droste, Mayor ATTEST: ErinFasbender, CityClerk EXECUTIVESUMMARY CityCouncil Regular Meeting Date: January 19, 2021 AGENDAITEM: Renewal oftheDakota Aggregates Large AGENDASECTION: ScaleMineral Extraction Permit through Consent2021 AGENDANO. 6.g. PREPAREDBY: Kyle Klatt, Senior Planner ATTACHMENTS: Location Map; Draft2021MineralExtraction APPROVED BY: LJMPermit; PCMeeting Minutes Excerpt 12/19/20; Application Narrative; Overall Phasing Map; 2020 Sub-PhaseMap (MiningArea – Northand MiningArea – South); Interim UseHistory Chart; Email Correspondence withApplicant – August2020; 8/4/20Sound Monitoring Data; SiteandAerialPhotos RECOMMENDEDACTION: MotiontoApprove renewal oftheDakota Aggregates LargeScale Mineral Extraction Permit for2021, subject tothetermsandconditions in theattached 2021 DraftConditions forMineral Extraction Permit ISSUE Dakota Aggregates hasappliedfor theannual renewaloftheirlarge-scalemineralextractionpermit LSMEP) ontheUMoreproperty. Anannualoperatingpermitisrequired forallgravel operations withintheCity, andtheDakotaAggregates permitwaslastrenewed inJanuary 2020. None ofthe ancillaryuses, including theaggregate processing facilities, concreteproduct castingyardand concrete andasphaltproduction aredueforrenewal this year. Duetotheinterconnected natureof themineralextraction andprocessing activities takingplaceonthesite, anyconcerns withtheother activities maybereviewedaspartoftheLSMEP discussion. For2021, DakotaAggregates will increase theoverallactive mining areainthenorthby14.77acres, mostofwhichwilloccur inan areaopenedforminingduetothereduction inthesizeofthesandstockpile. Therewillbeaslight reduction intheoverallactiveminingareainthesouthern miningareaduetoexpansion ofopen waterassociated withthewetmining activity. SUMMARY Applicant: Dakota Aggregates, LLC, 2025CenterPointeBoulevard Suite 300, MendotaHeights, MN Property Owner: UniversityofMinnesota (UMore Development, LLC), 1300 ndSouth2 StreetSuite208, Minneapolis, MN Location: Northwest cornerofCountyRoad46andStation Trail; and milesouthofCountyRoad 42 (activeminingareas) Miningareainacres: 151.71acrestotalarea; 75.64acresabout ¼ milesouthof County Road42 (DryMining) and76.07acresatthe northwest corner ofCountyRoad46andStationTrail Dry/WetMining). CompPlan & Zoning: Future LandUse: LDRLowDensityResidential, MDR MediumDensity Residential, andCCCommunity Commercial inNorthMiningAreaandAgricultural Research inSouthMining Area/Zoning: Agricultural forallSubject Property Extraction progress: 9Phases (3partial) of16 (approximately 20% complete). Nature ofrequest: Annualrenewal. PLANNINGCOMMISSIONREPORT AtitsDecember14, 2020meetingthePlanning Commission heldapublichearingconcerning the miningrenewal request andnomembers ofthepublicspokeatthemeeting. TheCitydidreceivean anonymous voicemailmessage concerning therequestinadvance ofthemeeting; thedetailsofthe messagearedescribed laterinthisreport. Inaddition toaskingsomegeneral questions aboutthe phasing plan, Commissioners askedforsomeclarification concerning thenoisegraph includedin theirpacket. MarkSetterstrom, replying onbehalf oftheapplicant, notedthatthegraphindicated thatDakotaAggregates wasoperating incompliance withstatestandards onthenight the measurements weretaken. Staffnotedthatthenoisemonitoring requirement willbekeptinplace for2021. TheCommission unanimously recommended approval oftherequest (6-0). Legal Authority Thelarge-scalemineralextraction renewalapproval isaquasi-judicial action, meaning thatifthe application meetstheCityCode, thelarge-scalemineralextraction permit conditions andinterim use permitregulations, thenthelarge-scalemineral extraction renewal mustbeapproved. Staffsupports approval ofthelarge-scalemineral extraction renewal andfindsthatitissubstantially in conformance withtheapproved large-scalemineralextraction permitandtheinterimusepermit regulations withrecommended conditions. Thedetailed analysis ofthisfindingisprovided below. Inaccordance withtheZoning Ordinance, thepurposeoftheannualoperating permit “isto provideanopportunity forthecitycounciltoreview theoperation ofthemine, gatherpublic commentontheoperation, modifyanypermitconditions asnecessary toaddress adverseimpacts thatarisefromtheoperation, andrevisethephases and/orsubphases ofthemine. Thelarge-scale mineral extraction interimusepermit providesazoningbasisforthemineprovidedthecityissues anannual operating permit”. Background TheCityofRosemount approvedaLarge-ScaleMineral Extraction Permit forDakotaAggregates in late2012. Thisactionestablished theoverallzoningpermitforthemining andextraction activities thatwereplanned fortheproperty. Sincetheinitialsiteapproval, theapplicant (orotherparties working withtheapplicant) hasbroughtforward requestsforthevariousinterim usesallowed under theordinance andmining permit. Theapplicant hasalsoreceived approval fortheannual renewal of themineralextraction useinsubsequent years. Inorder toclarifytheapprovals thathavebeen granted forthesite, staffhaspreparedtheattached InterimUsePermitsummary chartthat highlights theannualsreviews completed fortheoperation. Thecurrentrequest isspecific totheannual renewalofthelarge-scalemineralextractionpermit. Theother auxiliary usesidentified intheabovecharthavebeenapproved orrenewed bytheCity andareoperating withintheirapproved time framesandincompliance withapprovalconditions. PleasenotethattheInterim UsePermit (IUP) fortheaggregate processing facilitywasextended last yearandisnowvalidthrough2024. Therearesevenyearsremaining forcomplete excavation and restoration inthenorthern mining area, whichmustbecomplete by2028. Theapplicanthasstated thatthemininginthenorthareaisproceeding aheadofschedule, withnearly44acresreclaimed and turned backtotheUniversity ofMinnesota foragricultural use. 2 Aspartofthecurrentrenewalapplication, theapplicant isnotrequesting anychanges tothegeneral termsandconditions oftheminingorprocessing activity, including thehoursofoperation approved withprevious permits. Mineralextraction operationsarepermitted forupto24hours eachday; however, loading andhaulingfromthenorthminingareaislimited to6:00AM -10:00PM Mondaythrough FridayandSaturday 7:00AM – 7:00PM. Asanexception tothisrequirement, 24- hourloadingandhaulingfrom thenorthisallowed foruptothreepublic projectseachyear. DakotaAggregates didnotconductanynighthauling fromthenorth during2020. Thefollowing is abriefsummary oftheoperating hoursthathavebeen approvedwithprevious permits. Thecurrent request isconsistent withthehoursofoperation inplacesince2014. Year Activity Hours Notes 2014-2021* Wet/Dry Mining 24hours/7 includingconveyor daysaweek system (bothnorth andsouthmines) 2014-2021* LoadingandHauling M-F6-10 24-houroperation allowedfor northminingarea) Sat. 7-7 nomorethan3publicprojects MnDOT) peryear 2015-2024 Aggregate Processing 24hours/7 located insouth daysaweek ancillary usearea) 2015-2024 LoadingandHauling 24hours/7 Limited toTH46 southern processing daysaweek areaandsouthmine) Requestforsamehoursin2021as2014-20. Oneofthe keypointsfromthischartisthatevenwiththe24-hourtimeperiodformining and processing atthesite, theloadingandhaulingoftrucks fromthenorthern dry-miningareaisstill limited toweekday andweekendhours, except foruptothreepublicprojectsperyear. Inthat instance theyarepermitted a24-houroperation. In2020 therewerenoprojectsthatrequired haulingatnight; therefore, DakotaAggregates didnotconductanyloading orhaulingoutside ofthe standard operating hoursinthenorthern miningareaoverthepastyear. Inpreviousyears, the applicant hasprovided material forMnDOT construction projects thathaverequiredhauling at night. Theproposed operating permit for2021isverysimilar tothepermitapproved lastyear, andactive miningwillnotadvance intoanynewphasesinthecoming year. Instead, theapplicant willcontinue tominewithinphasespreviouslyapproved under thelastpermitrenewal. There isasmallarea withinsubphases 2Cand2Dthatwaspreviouslycovered byasandstockpile, butwiththerecent drawndownofthispile, thenow-exposed ground canbemined. Reclamation continues inthe eastern portionofthenorthmining area, withadditionlandreclaimed inthenorthernportionsof phases6and7. Theapplicant estimates thatitwilltakeroughly twomoreyearstocompletely removethesandstockpile basedonthecurrentdemand forthematerial. Oncethestockpile is gone, excavation canfinishintheundisturbed portion ofphase1. Inthesouthernminingarea, theapplicantisalsonotproposing toexpand intoanynewphasesin 2021andwillinsteadcontinuetomineinthepreviously approvedareasandminingbelowthe ground waterelevation withintheseareas. Starting lastyear, DakotaAggregates broughtina dredging bargeandrelatedequipment (conveyors) tocontinue mining fromthesurfaceoftheopen wateruntilthelowestpermitted elevationisachieved. Thisprocessisdescribed asfollows inthe applicant’sannualnarrativereport: In2020, DakotaAggregates constructed anewfloating twin16CYclamshelldredgetocontinue underwater mining. ClamshelldredgeshavebeenandarecurrentlyusedallovertheUnitedStatesandworld. Thisfully electric dredge allowsDakotaAggregates tosafely, andefficientlyminethisregionally importantaggregate reserve. 3 Fromthesurfaceofthewater, thedredging bargeandancillaryequipment (conveyors) willlookthe sameevenasthesurfaceareaofthewaterincreaseswiththeprogression ofdryminingactivities. Withthenewlyexcavated areas, theapplicantwillstillbeunder themaximum allowed areaof disturbance inanyindividual projectphase. Attheendofthisyear, theapplicant isreportingthat nearly11acreshavebeenreclaimed asopenwaterinthesouthern miningarea. Staffhasreviewed theoperating permit conditions for2020, andisrecommending minor amendments inordertoupdatethisdocument for2021basedontheapplicant’srecentsubmission. Please note thatthe24-hourallowance fortheaggregateprocessing activity wasapproved bythe Cityaspartofafive-yearinterim usepermit thatissettoexpire/berenewedin2024, andis regulated underthetermsofaseparate permitwiththe City, asarethecementcasting yardand concreteandasphalt production areas. MININGOPERATION – UPDATE Aspartofitsannual reporttotheCity, theapplicant provides anupdated phasing mapreflecting workcompleted during thepreviouscalendar year(s) andtheareasexpected tobeminedinthe coming year. Thereportalsoincludes up-to-dateinformation concerning theamountofmaterials thathavebeenprocessed orstockpiles within themining site. For2020, DakotaAggregates reportedthefollowing (allquantities intons): Aggregate materials soldfromthenorthdryminingarea: 290,000 (up15,000from2019) Aggregate stockpiles onsiteinthenorth dryminingarea: 100,000 (down350,000from2019) Aggregate material sold: 1,390,962 (decreased from1,892,000in2019) Totalamountofstockpiles inaggregateprocessing facility: 578,500 (upfrom479,800in 2019) Recycledaggregate material sold: 170,000 (up31,000from2019) Recycledaggregate stockpile: 78,000 (upfrom41,800tonsin2019) Thenumbers reported bytheapplicantshowamodest decreaseintheamountofoverallaggregate material soldfromtheprevious year, withsomeincreases intheamountofmaterial stockpiled inthe southern miningarea. Therewasaconsiderable increase intheamount ofsandmaterial removed fromthestockpile inthenorthern miningarea, leavingonly25% ofthematerialthatwaspresentat thestartoftheyear. Thecontinued drawdownofthesandstockpileisconsistent withthetiming estimates previously provided bytheapplicant, andthismaterial should becompletely removed by theendof2021orearly2022basedonhistorical removal rates. Even withtheslowdownin economic activity associated withthecoronavirus, themarket foraggregate materials remained relatively strongoverthepastyearandhasallowedDakotaAggregates tostayaheadofschedulefor removingaggregatematerials, especially inthenorthern miningarea. Attherequestofstaff, theannualreportnarrative nowincludesasection concerning theplanned progression ofminingintofutureproject phasesinthenorthern mining area. Overall, Dakota Aggregates hasprioritized completing restoration workinthenortheastern portion oftheminein ordertomovetheactiveminingfurtherfromexistingresidential homesonanaccelerated schedule. Thishasalsoallowedtheapplicant toworkaroundthesandstockpile within phases1and2asthat material hasbeenremoved fromthesiteovertime. Withthesignificant stockpile reductions over thelasttwoyears, theapplicantwillbeabletocomplete mininginthefirsttwophasesandthen beginmovingfurthersouth. Themodified phasingplanhasbeenapproved inprevious years, and hasalsobeenreviewed bytheUniversity ofMinnesotaforconsistency withtheirdevelopment plans onthesite. Ultimately, theDakota Aggregates willbeabletocomplete itsexcavation activesinthe 4 farnorthern portionofthesitepriortoanydevelopment occurring intheareabasedonthe University’smost recent plansforsaleanddevelopment ofitsproperty. In2019theapplicant commenced miningbelowthegroundwaterelevationinthesouthern mining area, andaportion ofthisareaisnowdescribed as “reclaimed” becauseitisopen water. Theopen water areawillcontinue toexpandastheapplicant completes dryminingandthenproceeds tomine belowthewater elevation. Consistent with Condition NNoftheannual miningpermit, the applicant completed soilborings inearly2019toconform thattherewillbeaminimum of15feet between thelowestmining elevationandbedrock. Thissatisfies thecondition forthecurrent mining area. Therewillbeanothersoilboringtakenbefore expansiontothewest. Asthepreviouspermitreviewshavenoted, theapplicantisrequired tocompletetestingeachyearto establish thepre-mining groundwater characteristics andtoquicklyidentify anypotentialissuesthat mayarisefromminingactivity. AreportisduebyJanuary31stforthepreceding year, and historically theCityhasretained Leggette, Brashears & Graham, Inc. (whichisnowpartofWSP) to evaluate thegroundwater monitoring andsampling beingconducted byAmerican Engineering Testingonbehalf oftheapplicant. Asofearly2020, siteactivitieswereperformed inaccordance withtheWMPandmettheconditions ofthemining permit. Thetesting ofgroundwater atthe UMore siteisanongoing requirement forDakota Aggregates, andtheCitywillagainbeasking LB&Gtoreviewthe2020, reportuponreceipt. Theminingpermitallows for24-hourhauling fromthenorthernminingareaforupto3public projectseachyear (thishasbeenreducedfromtheoriginalnumberof5suchprojects). For2020, DakotaAggregates didnotconduct anyovernight hauling becausethere werenopublicprojectsthat requiredtheflexibility tohailatnight. Asnotedbytheapplicantduringprevious reviews, itisvery difficult forthem topredict theirnighthauling schedulesinceitisverymuchdependent on MnDOT’sscheduleandneed formaterials. Whilethepermitdoesnotrestricttheoverallnumber ofdays/nights that24-hourhauling cantakeplace (onlytheoverallnumberofpublic projects), the actual usagetendstobeverysporadic andfocused onafairlynarrow timeperiod. NOISEMONITORINGANDDISCUSSION Noise generatedbythefacility continuestobeoneoftheprimary issuesdiscussed bytheCity duringtheannualreviewsforDakotaAggregates. Previous annualreviewshavehighlighted some oftheoperational mitigation measures usedtheapplicant toaddress potentialnoiseissues from mining activity, andthesecontinue tobeimplemented throughout theprojectsite. Starting in2017 theCityhasrequiredtheapplicant toconduct soundtesting intheneighborhood northofthe miningareatomonitorsoundfrom mining activities. Overthelastfewyears, theCityhasrefined theexpectations forallsoundmonitoring beingperformed, andtheapplicant hasbeenfollowing theseprotocols. Ingeneral, theCityhasrequired DakotaAggregates tomonitorsound foratleast twodifferent timeintervalsduringwhichhaulingoccurs atnightfromthenorthern miningarea. Asnotedabove, therewasnoovernight haulingconducted in2020; therefore, Dakota Aggregates hasnotsubmitted soundmonitoring datatotheCityfromlastyear. Detailed information was providedforcertaintimeperiodsin2019, andtheresultsdidnotidentifyanyspecific eventsortime periodsduringwhich itcould conclusively bestatedthattheapplicant wasoperatinginviolationof theCity’s (andMPCA) noisestandards. Asnotedduringprevious reviews, therecouldbeloud short-durationnoises (i.e. atailgateslamming) heardforlargedistancesataspecificpointintime, thatstillfallundercompliance withtheMPCAnoisestandards becausetheyarenotrepeatedor sustained inamannerthatcausesthemeasured soundtoexceedState standards. Thenoise mitigationstrategies putinplacebyDakota Aggregates areintended toaddressbothanypotential 5 noisestandard compliance issuesandtolimittheoccasionalnoisesthatmaybeheardfrom neighboring properties butfalloutsidetheregulatorynoiselimits. Theapplicanthasaskedtodiscontinue soundmonitoring basedontheresults from2019andthe ongoing costassociated withthetesting. Becausetherehasbeenonlyoneyearofgooddatafrom themonitoring (duetolimited hauling in2018 andcompletelackofnighthaulingevents in2020), staffwould liketoseeatleastonemore years’ worthofdatabeforeamending oreliminating this requirement. The2021permit includesasoundmonitoring requirement liketheonerequired the previous year. Consistent withtheprevious annual reviews, staffrequested logsfromthepolice department forany callsreceivedwithintheCitywherenoisefromDakotaAggregates wasthereason forapolicecall. Inaddition, staffreviewed itsownrecords, including phonelogs andemails, andaskedforanycalls thatotherdepartments mayhavereceived concerningnoise. Thefollowingisasummary ofthe information documented overthepastyear: Thepolicedepartment loggedfourcallsfromahomeonBiscayne Wayonthenightsof 6/15, 6/26, 8/4, and9/26complaining about loudequipment. Allcallswerereceived between 11:00PMand2:15A.M. Withthetwolatter instances, anofficervisited thearea andnotedthattheycouldnothearanything unusual. TheCityreceived anemailinthegeneralcomment inbox statingthatatabout 1:00AMon thAugust4 noisecoming fromthesand pitSouthofCountyRoad42andeastofBiscayne Avenuewasloudanddisturbing. Itappears thatthisemail complaint wasrelated tothecall received bythepolicedepartment thesamenight. thOnDecember7 staffreceived ananonymous voicemailmessageregarding themining operationexpressing concernthattheannualreview meetingwasjustaformality andthat theCouncil hasbeensupporting thebusiness overtheresidents inthearea. Theindividual statedthattheneighbors donotwanttheair, noise, andwaterpollutionassociated with the mine. StaffnotifiedDakotaAggregates aboutthecomplaint receivedviaemail, andasnotedinthe attached response fromtheapplicant, theyhadalsoreceived anemailcomplaint laterthatnight. In ordertodocument conditions atthetimeofthecomplaint, Dakota Aggregates reviewedthesound monitoring datafromthatevening, andnoted thatthesitewasoperating incompliance withthe soundstandards (atleastasmeasured fromthemonitoring station). Themonitoring dataassociated thwiththeearlyAugust4 complaintisattachedtotheresponse emailfromtheapplicant. Otherthantheemailandphonemessagedescribed above, staffhasnotreceivedanyadditional written comments orphonecallsconcerning therenewalapplication priortowriting thisreport. DakotaAggregates historically provided theCitywithlogsofanycomplaints thattheyreceived thduringtheyearbutdidnotdocumentanycomplaintsin2020outsideoftheAugust4 email describedabove. Sincethebeginningof2016, theCityhasbeenstressingthatresidents withnoisecomplaints regarding theDakota Aggregates operations should call911sothereisdocumentation concerning thespecificnatureofthecompliant, thelocationofthecomplaint, andtimewhenitwasobserved. The policedepartment hasalsobeendirectedtonotifytheapplicantwhenanyloudnoisesare reported sothatproblems canbeaddressed inatimelymanner. Overthepastfiveyears, thepolice 6 department hasloggedatotalofthreecomplaints inaddition tothefourcallsreceived in2020 concerning noisefromthesite. Whenasituation arisesatthemine (likeexcessive noiselevels), itisimportant fortheCitytobeable toinvestigate, document, andworkwiththeapplicant toaddress suchissues. Themostresponsive wayfortheCitytohandleanycomplaints isthroughthepolicedepartment, whichcandispatch an officerveryquicklytoinvestigate andevaluate thesituation. Allofthesecomplaints aretracked through thepermitting process, andtheCitywillhave achancetoevaluate thetypeandfrequency ofissueseachyearaspartoftheannualpermit review. Thisprocesshasledtomany improvements thathaveultimatelyreduced negative impacts, andhasbeenuseful tohelpavoidsmaller problems frombecomingalargerCity-widenuisance. Staffcontinues toencourage residents tocallandreport allmattersofconcern, andwillcontinue todocumentallcomplaints sothatthePlanning Commission andCityCouncil maybefullyaware ofanyandallresident concerns inthefuture. GENERALREVIEWCOMMENTSANDRECOMMENDATIONS Although theminingofthesitehasprogressed inamanner veryconsistent withprevious reviews, thereareafewissuesthatshouldbeaddressed oracknowledged nowthatmineralextraction activity hastaken placeforeightoftheoverall40yearsspecified intheinterimusepermit. Mineral extraction phasing. When theprojectwasfirstapproved, theapplicant provided anoverallmining phasingplandividedintodistinct phases andsub-phases. Thesephases werenumbered basedontheapplicant’sexpected mining progression inboththenorthand southminingareas. Foranumberofreasons, includingthedesiretomine areascloserto residential propertiessoonerthan later, theactualexcavation workhasprogressed intolatter phaseswhile leaving someearlier phases untouched. Aspartoftheprevious review, staff requested anupdated phasingplantobetter reflectthecurrentstatusoftheprojectandthe applicant’sfutureplans. Theapplicanthasprovided anupdatednarrative concerning the nextprojectphasesandstaffhasaddedthisinformation tothephasingplanasaseparate exhibit. Theupdated phasingwasreviewed bytheUniversityofMinnesota andfound tobe compatible withtheirfuturedevelopment plans Northern haulroad. With thependingdevelopment oftheUMoreproperty eastofthe mining site, thethreeaffected parties (University, DakotaAggregates, andfuturedeveloper) willneedtocommunicate witheachotherabout expectations concerning theelimination of thisroad. WhilethisisnotdirectlyaCityconcern, subsequent miningrenewalswillneedto takethelackofnorthernaccess toHighway 42intoaccount. Itisstaff’sexpectation that whenthenorthernhaulroadgoesway, allmaterial willleavethesiteviatheStationTrail accessonHighway 46. Staff alsoanticipates thattheelimination ofthisroadwillhelp alleviate someofthenoiseconcerns regardingtrucking activity inthenorth. Wetmining. Theapplicant isnowmining belowtheground waterelevation inthe southern miningareaandstarting in2020hasbegun operating aminingdredgeonthe surface ofthewaterandisactively removingsandandgraveldeposits fromunderneath the openwaterarea. Thetermsandconditions forwetminingareincluded inthe2021 operating permit, andnomodifications areneededtothemining activities planfornextyear becauseitwouldtalkplaceinthephase 1and2areasalreadyauthorized under thepermit. Theapplicantwillcontinueexpanding andpushing thewater surfacefartherwestandnorth asitreaches thepermitted miningdepthinthisarea. 7 Biscayne Avenue. TheCityhas nearlycompleted itsworkonthereconstruction of BiscayneAvenue, andtheroadisopenagainforpublicuse. Theroadisnowpaved accordance with atypicalurbancollector road. Althoughthenewroadsurfacewillallow largertruckstousethisroad (whichhashistorically beenarestricted gravelroad), the applicant hasstatedthattruckscomingtoandfromtheminewouldbehighlyunlikelytouse BiscayneAvenue sincetheywillbeaccessing CountyHighway 46andStationTraildirectly fromthesouthernmining area. Storm waterponding. Withcompletion oftheCity’supdated SurfaceWater Management Planin2019, additional conversations willbeneeded betweentheCity, Dakota Aggregates, andUniversity ofMinnesotaconcerning thespecific location andtimingforconstruction of storm waterbasinsinthisareapriortodevelopment ofUMore. Aggregate Processing. Theaggregateprocessing interim usepermit wasextended for another fiveyears through 2024intheearlypartofthisyear. Staffhasnotidentifiedany specific concerns orissueswiththeaggregate processing facility aboveandbeyondthe overallminingreview inthisreport. FINALOBSERVATIONS Inreviewing thecurrentoperatingpermitaspartofitsreview, Staffwouldliketonotethefollowing generalobservations: TheCitydidnotidentifyanyevents in2020thatresultedinthedepositingofdirtordebris onanypublicstreets duetotheextraction orhaulingoperations. Theapplicant didnotrequest toremove anytopsoilfromthesitein2020. Consistent withprevious years’ activity, Dakota Aggregates didnotsubmitasemi-annual rdreportthisyear. TheCityvisitedthesiteonNovember 3; nospecific areasofconcern were observedduringthesitevisit. Staffwas abletoobserve thedredgingbargeinoperation in thesouth mining areaandnoted asignificant reductioninthesizeofthesand stockpilein thenorthern partofthesite. Aspartofitsreclamation work, theapplicant willneedtodemonstrate thatitisin compliance withconditions XandZoftheoperating permit concerning minimum reclaimed topsoildepth andminimum compaction levelsforallfill. Therewasno “haul-back” material brought tothesiteotherthanrecycled productsallowed withintheprocessing area. RECOMMENDATION StaffandthePlanning Commission recommends theCityCouncil approve therenewalofthe DakotaAggregates LargeScaleMineral Extraction Permit for2021. Thisrecommendation isbased ontheinformation submitted bytheapplicant, findingsmadeinthisreportandtheconditions detailed intheattachedLarge ScaleMineralExtraction AnnualOperating Permit Agreement. 8 Dakota Aggregates Property Information 0 1,750 3,500875 ft 0 525 1,050262.5 m 1:19,200 Disclaimer: Mapand parcel dataare believed tobe accurate, butaccuracy isnot guaranteed. Thisisnotalegal document andshould not besubstituted for a title search,appraisal, survey, or forzoning verification. 2021 Large Scale Mineral Extraction Annual Operating Permit Agreement for North Dry Mining Sub-phases, 2A, 2B, 2C, 2D, 4A, 4B, 5A, 5B, 6B, 7B and 8A; and Dry/Wet Mining Sub-phases 1A, 1B, 2A, 2AA 2B, 2BB, 3B, 3BB and 10A DAKOTA AGGREGATES, LLC A. Dakota Aggregates, LLC (hereinafter "the Operator") signs a written consent to these conditions binding itself and its successors, heirs or assigns to the conditions of said permit. B. The term of the permit shall extend from January 1, 2021 until December 31, 2021 unless revoked prior to that for failure to comply with the permit requirements. C. Mining in Wet/Dry Mining Sub-phases 1A, 1B, 2A, 2AA, 2B, 2BB, 3B, 3BB and 10A may occur 24 hours a day, 7 days a week. D. Mining, screening, and reclamation in North Dry Mining Sub-phases 2A, 2B, 2C, 2D, 4A, 4B, 5A, 5B, 6B, 7B, and 8A may occur 24 hours a day, 7 days a week. E. Trucks may haul from North Dry Mining Sub-phases 1A, 2A, 2B, 2C, 2D, 4A, 4B, 5A, 5B, 6B, 7B, and 8A from 6 a.m. to 10 p.m. Monday through Friday and 7 a.m. to 7 p.m. Saturday, except for hauling outside those hours for the execution of a contract requirement of up to three (3) MnDOT or other public agency roadway construction project. During the execution of the MnDOT or other public contracts, the hauling may occur 24 hours a day, 7 days a week. The Operator shall contact the City at least 24 hours prior to commencing any night hauling activities. F. No crushing or washing equipment shall be located or used in the North Dry Mining Sub-phases 1A, 2A, 2B, 2C, 2D, 4A, 4B, 5A, 5B, 6B, 7B and 8A or in any reclaimed areas. G. The North Dry Mining Sub-phases, 2A, 2B, 2C, 2D, 4A, 4B, 5A,5B, 6B, 7B, and 8A shall not be mined below the 882 foot elevation. H. Protection equipment that is installed on hauling trucks, such as covers for the truck beds, shall be used while traveling on public roads. Non-use will be considered a violation of the permit condition. I. Trucks shall not use any locally designated road as part of their haul route except for the shortest route between the delivery site and the nearest County, State or U.S. highway. J. Trucks may not be loaded heavier that the public haul roads posted weight restrictions. 2021 Annual Operating Permit Dakota Aggregates, LLC 2 of 6 K. Engineered designs for any reclamation steeper than a 3 to 1 slope must be submitted and approved by the City Engineer before the reclamation can occur. L. A gate and thirty (30) feet of fencing on each side of the gate shall be installed at the Station Trail access. The gate shall be closed and locked when the mining or ancillary uses are not in operation. A knox box or similar devise shall be installed to provide emergency personal access to the key for the lock. M. Conformance with the City Engineer’s Memorandum dated September 20, 2012. N. The University of Minnesota (or designated entity) shall obtain approval and/or concurrence from the MPCA regarding completion of appropriate investigations and/or actions taken in response to identified releases of hazardous substances, pollutants or contaminates as defined under Minn. Statute 115B, and as deemed reasonable and necessary by the MPCA. O. Dakota Aggregates shall clean dirt and debris from streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After Dakota Aggregates has received 24-hour verbal notice, the City will complete or contract to complete the clean-up at Dakota Aggregates’ expense. In the event of a traffic hazard as determined by the City Administrator (or the Administrator’s designee) or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Dakota Aggregates’ expense without prior notification. P. No topsoil shall be removed from the site unless Dakota Aggregates can demonstrate that there is topsoil in excess of the amount needed to reclaim the End Use Grading Plan with at least six (6) inches of topsoil. Dakota Aggregates shall take necessary measures to prevent erosion of the stockpiled topsoil. Q. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of Dakota Aggregates. R. All costs of processing the permit, including but not limited to planning fees, engineering fees, and legal fees, shall be paid by Dakota Aggregates prior to the issuance of the permit. Dakota Aggregates shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. Dakota Aggregates agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. S. Dakota Aggregates shall deposit with the Planning Department a surety bond or cash deposit in the amount of Eight Hundred Fifty One Thousand one Hundred Dollars 2021 Annual Operating Permit Dakota Aggregates, LLC 3 of 6 851,100) in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to ensure performance of all requirements of this resolution and City ordinances by Dakota Aggregates. The required surety bonds must be: 1. With good and sufficient surety by a surety company authorized to do business in the State of Minnesota. 2. Satisfactory to the City Attorney in form and substance. 3. Conditioned that Dakota Aggregates will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City Administrator (or the Administrator’s designee) or any other City officials. 4. Conditioned that Dakota Aggregates will secure the City and its officers harmless against any and all claims, for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of Dakota Aggregates. 5. The surety bond or cash escrow shall remain in effect from January 1, 2021 until July 31, 2022. Once the interim reclamation grades and vegetation have been established and approved by the City, the bond may be reduced by Five Hundred Sixty Seven Thousand Four Hundred Dollars ($567,400 = 113.48 acres times $5,000 per acre). Once the end use grading grades and vegetation have been established and approved by the City, the bond may be reduced by Two Hundred Eighty Three Thousand Seven Hundred Dollars ($283,700 = 113.48 acres times $2,500 per acre). Upon thirty (30) days’ notice to the permit holder and surety company, the City may reduce or increase the amount of the bond or cash deposit during the term of this permit in order to insure that the City is adequately protected. T. A landscape security of $42,625 (155 trees times $250 per tree times 110%) shall be provided. After the trees have been established, $38,362 (90%) of the landscaping security can be released. The final $4,263 (10%) shall be maintained through the existence of the berm for Dry/Wet Sub-Phase 1A and 2A to ensure that as trees die, that those trees are replaced. The landscaping security shall be in the form of a letter of credit in favor of the City or cash escrow. U. Dakota Aggregates shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, and at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars for injury or death of more than one person arising out of any one occurrence and damage liability in an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from January 1, 2021 until July 31, 2022. 2021 Annual Operating Permit Dakota Aggregates, LLC 4 of 6 V. Dakota Aggregates shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. Dakota Aggregates shall indemnify the City for all costs, damages, or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. W. Dakota Aggregates shall submit to the City semi-annually a written report indicating the amount of material extracted from the site for the prior six-month period. After said written report is submitted, the City shall perform an inspection of the site to confirm compliance with the conditions within the Annual Operating Permit. X. Reclamation requires the replacement of the stockpile of topsoil to the mined area, reseeding, and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion control, provided also that the minimum depth of topsoil shall not be less than six (6) inches after reclamation. No restored slopes may exceed the gradients shown on Interim Reclamation Plan. Y. No mining activity will occur within fifteen (15) vertical feet of bedrock. Z. Dakota Aggregates shall compact the entire reclamation site to a minimum compaction of 95% of maximum dry density. AA. If not utilized by the University of Minnesota for agricultural purposes, fully reclaimed areas will be permanently seeded within 14 days of final completion. All disturbed non-operating areas not utilized by the University of Minnesota for agricultural purposes shall be seeded at a minimum of once per year, prior to October 1 with MnDOT seed mix 130B. Operating areas including work faces, material stockpiles, haul roads, staging areas, and active reclamation areas are not required to be seeded. BB. Dakota Aggregates shall submit quarterly to the City documentation of the Barr Engineering, Inc. (or other City approved geotechnical testing firm) environmental and geotechnical testing with documentation verifying the source and quantity of the haul-back” material. These reports shall be provided within fourteen (14) days after the end of the quarter. CC. Dakota Aggregates shall submit an incidence report to the City within three days of any testing that fails for contamination or hazardous materials, or will not produce a normal moisture-density relationship for compaction. DD. Truck operators within the pit area shall not engage in practices involving slamming tailgates, vibrating boxes, using of “jake” or engine brakes (except in emergency situations), or other such activities that result in excessive noise. 2021 Annual Operating Permit Dakota Aggregates, LLC 5 of 6 EE. Dakota Aggregates shall incorporate best management practices for controlling dust, erosion, noise, and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency and proposed in the submitted LSME application to the City. FF. Compliance with Dakota County Ordinances No. 110 and 111, as well as all other applicable Federal, Minnesota, Dakota County, and Rosemount regulations. Soil materials in the Property will be managed in accordance with the Minnesota Pollution Control Agency’s Best Management Practices (BMPS) for the Off-Site Reuse of Unregulated Fill. GG. Dakota Aggregates may not assign this permit without written approval of the City. Dakota Aggregates will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless Dakota Aggregates gives sixty (60) days prior written notice to the City of termination and surrenders permit to the City. Dakota Aggregates shall identify all Operators prior to their commencement of mineral extraction-related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. HH. Dakota Aggregates shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. II. Dakota Aggregates shall maintain the berm located on the north side of the haul road.to a height of at least 30 feet. JJ. American Engineering Testing, Inc. (AET) shall submit the 2020 Annual Monitoring Report, including all groundwater testing, and submit the report to the City by January 31, 2021. WSP (formerly known as Leggette, Brashears, & Graham, Inc. - LBG) shall review the revised report on behalf of the City and has the authority to adjust the frequency of the groundwater sampling based on testing results. KK. Dakota Aggregates shall implement the sound mitigation measures as documented in its 2016 Large Scale Mineral Extraction Permit application and referenced in the March 1, 2016 City Council report concerning said application. LL. The City of Rosemount shall oversee sound monitoring to assess the noise levels generated by the mining activity at times and in locations to be determined by the City. Sound monitoring will occur during times when trucks are hauling from the north mining area. Dakota Aggregates shall reimburse the City for all costs associated with said monitoring. MM. The city of Rosemount shall have the ability to collect independent soil and water samples. 2021 Annual Operating Permit Dakota Aggregates, LLC 6 of 6 NN. Mining within any phase that would expose the groundwater will not be permitted before additional borings are conducted in the deepest areas of the proposed lake to confirm that a minimum of fifteen (15) feet of separation between the mining and the bedrock. Mining can occur within 2 feet of the groundwater prior to testing occurring. IN WITNESS WHEREOF, Dakota Aggregates, LLC, the Operator, hereby consents and agrees to the foregoing conditions of said Annual Operating Permit this _______ day of ______________, 20__. Dakota Aggregates, LLC By:________________________________ Tim Becken, Its Chief Manager STATE OF MINNESOTA ) ) ss COUNTY OF _________ ) The foregoing instrument was acknowledged before me this _________ day of ____________, 20____, by Tim Becken, Chief Manager of Dakota Aggregates, LLC, the Operator, on behalf of the Corporation. ________________________________________ Notary Public PLANNING COMMISSION REGULAR MEETING MINUTES December 14, 2020 PAGE 2 5.d. Renewal of the Dakota Aggregates Large Scale Mineral Extraction Permit for 2021. (20-61-ME) Senior Planner Klatt gave a summary of the staff report for the Planning Commission. Commissioner Reed questioned with moving to zone D is there an expectation to having more noise. Klatt stated that there is not. The public hearing opened at 7:40 pm. Public Comments: Commissioner Reed inquired about the noise graph. Mark Setterstrom, Dakota Aggregates, 2025 Center Point Blvd, Mendota Heights, stated that the noise is within the allowable range in compliance with MPCA standards. Reed inquired about the requirements earlier in the evening. It was requested that applicant explain the noise information submitted. Setterstrom stated that even if noise falls outside of the allowable standards, there are so many other things going on in the area; weather, loud motorist, etc. that it is difficult to confirm mining activity is at issue. Setterstrom stated indicated that everything on the noise graph is within compliance with the state. MOTION by Kenninger to close the public hearing. Second by Reed. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 7:52 pm. Additional Comments: None. MOTION by Marlow to recommend the City Council renew the Dakota Aggregates Large Scale Mineral Extraction Permit for 2021, subject to the terms and conditions in the attached Draft 2021 Conditions for Mineral Extraction. Second by Schmisek. Ayes: 6. Nays: 0. Motion Passes. New Business: 6.a. Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 2nd Addition (20-59-FP) Planner Nemcek gave a summary of the staff report for the Planning Commission. Rick Osberg, James R. Hill Inc., 2999 County Road 42 West, Burnsville, stated that they contest the southern drainage and utility easement being requested along Akron Avenue. He indicated this is not needed for the 2nd Addition currently before the City. Bill Ryan, CNC Development, stated that Dakota County had offered him money when they needed the additional ponding and now, they’ve changed their mind. Mr. Ryan stated that he would like to be fairly compensated. Staff indicated that obtaining the ponding easement is similar to obtaining other easements necessary for regional development like obtaining easements for Autumn Path. The issue raised by the applicant has been discussed with the City Attorney who is comfortable with the city’s request. The item will be addressed when the application and requested vacation go before the City Council; however, staff wanted to allow the applicant an opportunity to get their concerns on record. MOTION by Reed to recommend that the City Council approve the Final Plat for Emerald Isle subject to the following conditions: 1. Execution of a Subdivision Agreement. AUTUMN CTBANYANTHSTW (CSAH 42) BISCAYNE AVEBISCAYNE AVEBITTERSWEETCTBITTE R S W E E T CI RBLOOOMFIELDWAY AUGU S TAWAY STATION TRLBRAZIL AVEAUBURNAVEBLOOOMFIELDPL BLOOMFIEL D CIR 148TH ST W BELMONTTRLBLANCA AVE154TH STW BOULDER TRL BLOOMFIELDBELFAST ST W 140TH ST W BOXWOOD PATHBIRCHBUNRATTY AVEBEECH ST WBRIANBORU AVEAUTUMNWOODC T AZA LEAB AY B E R RY T R L AV E 160TH ST W ( CSAH 46)B E L F A S T BELMONT AUTU MNWOODAVANTI BUSINESSPKWYBAYBERRY BOYSENBERRY CT BLACKBERRY 150151ST CT W ATWOODCIRPATHBLOOMF I E L DBUNDORAN AVEB LUEB ER R YC TC TB IS C A Y NEWAYBROUGHSHANEAVEBAYBERRYAUTUMNWOOD WAYCTA UDOBA NWAYTRL BRENNERCT BOSTONCIR ATWOODCT142NDST W CIRCTWAYB E L L E C T 142ND CT WBREMEN AVEWAYBLARNEYCT BLANCABLOO M F IELD PATH ATWATER WAY CTBIRCHWOODAVECTAVALONPATHLN B E NTLEYBOISECIRSTW BELMONT TR 140T H ST W AUBURNAVE AZALEA P A TH140TH ST W AVE160THSTW (CSAH46)145THST W AURORA AVE L 147THCT ABBEYFIELDAVEABB E Y F I ELD CT AILESBURYCT141STSTEADAIRAVE149THST W ALBANYAVEALLINGHAMAVEALMAAVEADELAIDEAVEABERCO R N AVE AILESBURYAVE ALDBOROUGHAVEALM A C IR1370'680' 2 134 10 95118734562 1AUTUMN CTBANYANTH ST W ( CSAH 42) BISCAYNE AVEBISCAYNE AVEBITTER SWEETCTBI T T E R S W E E T CI RBLOOOMFIELDWAYAUGU S TAWAYSTATION TRLBRAZIL AVEAUBURNAVEBLOOOMFIELDPL BLOOMFIEL D CIR 148TH ST W BELMONT TRLBLANCA AVE154TH ST W BOULDER TRL BLOOMFIELDBELFASTST W140THST W BOXWOOD PATHBIRCHBUNRATTY AVEBEECH ST WBRIANBORU AVEAUTUMNWOODC T A ZA LE A B AY B E R RY T R L AV E 160THST W (CSAH 46)B E L F A S T BELMONT AUT U MNWOODAVANTI BUSINESSPKWYBAYBERRY BOYSENBERRY CT BLACKBERRY150151ST CT WATWOODCIRPATHBLOOMF I E L DBUNDORAN AVEBLUEB ER R YCTC TB I S C A Y NEWAYBROUGHSHANEAVEBAYBERRYAUTUMNWOOD WAYCT A UDOBA NWAYTRL BRENNER CT BOSTONCIR ATWOODCT142NDST W CIRCTWAYB E L L E C T 142ND CTWBREMENAVEWAYBLARNEYCT BLANCABLOO M F IELD PATH ATWATER WAY CTBIRCHWOODAVECTAVALONPATHLN B E NTLEYBOISECIR ST WBELMONTTR140THSTWAUBURNAVE AZALEA PA TH140TH ST W AVE160TH ST W (CSAH46)145THST W AURORAAVEL147THCTABBEYFIELDAVEABBE Y FI E L D CTAILESBURYCT141STST E ADAIR AVE149THSTW ALBANYAVEALLINGHAMAVEALMAAVEADELAIDEAVEABERC Dakota Aggregates Large Scale Mineral Extraction Permit Interim Use Permit History: Updated 12/ 14/20 Annual Reviews Highlighted) Permit Date Issued Term (yrs) Notes/Comment Large Scale Mineral Extraction 12/ 18/ 12 40 Initial IUP for entire site (northern dry mining area to be completed by 2028) LSMEP Annual Permit 12/ 18/ 12 1 Annual Permit for 2013 Aggregate Processing IUP 12/ 18/ 12 3 Interim use for aggregate processing and recycled aggregate processing LSMEP Renewal 12/ 17/ 13 1 Annual Permit for 2014 Primary Ready-Mix Concrete Plant IUP 5/20/ 14 10 Enclosed facility within the approved auxiliary use area Seasonal Ready-Mix Concrete Plant IUP 5/20/ 14 10 Within same area as the primary plant LSMEP Renewal 11/ 18/2014 1 Annual Permit for 2015. Extended hours approved with permit Aggregate Processing IUP 11/ 18/ 14 5 Interim use for aggregate processing and recycled aggregate processing – extension of original permit. Extended hours approved with permit Wells Concrete Casting Facility 12/ 16/ 15 30 Interim use for a concrete casting facility within the approved auxiliary use area LSMEP Renewal 3/1/16 1 Annual Permit for 2016, conducted review of sound issues LSMEP Renewal 1/17/ 17 1 Annual Permit for 2017 LSMEP Renewal 2/20/ 18 1 Annual Permit for 2018 LSMEP Renewal 2/5/19 1 Annual Permit for 2019 Aggregate Processing IUP ( 2/18/ 20) 5 Interim use for aggregate processing and recycled aggregate processing. LSMEP Renewal (2/18/ 20) 1 Annual Permit for 2020 LSMEP Renewal* (1/19/ 21)* 1 Annual Permit for 2021 Permit currently under review From:Pat Mason To:Klatt, Kyle Cc:Setterstrom, Mark <msetterstrom@dakotaaggregates.com> (msetterstrom@dakotaaggregates.com); "Jon Pechacek" Date:Friday, August 7, 2020 3:29:46 PM Attachments:AmesLogo2019_dcdfb8ad-5ed2-4bf8-9e29-a21e5c53ac5d.png Noise Data Graph 7.30.20 - 8.4.20.pdf Kyle, As per our discussion,you received a complaint via email at approximately 12:30 am on 8-4-20 claiming that noise was being heard coming from our Dakota Aggregates Pit.As discussed we had received an email in our general email box around 2:38 AM on August 4th claiming that noise was coming from our pit at 12:30 am on August 4th.For some reason the email came in two hours later than noise was heard.The email sent to us came from...Is this the same address of the complaint received by the City? As discussed we pulled the noise monitor equipment and asked our staff to download the data.As you will see on the attached noise data graph,all activities associated with our site are in full compliance. Regards: Pat Mason Pat Mason Director, Real Estate & Aggregate Development PatMason@amesco.com Mobile: 612-366-7249 Midwest: 952-887-6103 2000 Ames Drive Burnsville MN 55306 AmesConstruction.com Instilling True Confidence. Delivering Success. The information transmitted is intended only for the person or entity to which it is addressed and may contain proprietary, business-confidential and/or privileged material. If you are not the intended recipient of this message you are hereby notified that any use, review, retransmission, dissemination, publication, distribution, reproduction or any action taken in reliance upon this message is prohibited. If you received this in error, please contact the sender and delete the material. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of the company. 25 35 45 55 65 75 85 Sound Intensity [dBA]Noise Data from 7/30/ 20 to 8/4/20 (Atwater Way and Aldborough Ave)Operating Weather L10 Non-Compliance L50 Non- Compliance Sound Data L10 (Day: 65, Night: 55)L50 (Day: 60, Wet Mining Dredging Barge - December 2020 Aerial Image - September 2019 Aerial Image - September 2020 EXECUTIVESUMMARY CityCouncil Regular Meeting Date: January 19, 2021 AGENDAITEM: Renewal oftheDanner, Inc. Small Scale AGENDASECTION: Mineral Extraction Permit for2021. Consent AGENDANO. 6.h. PREPAREDBY: KyleKlatt, Senior Planner ATTACHMENTS: Location Map, Draft2021Mineral APPROVEDBY: LJM Extraction Permit, Letter from Applicant, Mineral Extraction Status Map, Topographic Map, FillAreaGrading Plan 2017), SitePhotos, Aerial Images, 12/15/20Email RECOMMENDEDACTION: MotiontoApprove arenewal oftheDanner, Inc. Small Scale Mineral Extraction Permit for2021, subject tothetermsandconditions inthe attached Draft2021Conditions forMineral Extraction. SUMMARY TheCityCouncil isbeingaskedtoconsider anapplication fromDanner, Inc. requesting renewal of theirannualsmall-scalemineralextraction permit forthe2021calendaryear. Thesmall-scalemineral thextractionoperationislocatedat4594145 Street Eastintheeastern portionoftheCity. SmallScale MineralExtraction ispermitted intheCityasanInterimUsewithin specified areas, andthepermitfor suchusesexpiresafteroneyear. TheDanner sitehasbeenoperating asamineforseveral years, and therequest forrenewalisconsistentwithsimilarrenewals thathavepreviously beenissuedforthesite. Applicant & Property Owner(s): Marlon L. Danner ofDanner, Inc. thLocation: 4594 145 StreetEast – onehalfmileeastofUS Highway52andonequartermilesouth ofCSAH42 Area: 75Acres Comp. GuidePlanDesignation: LDRLowDensityResidential; MDR – Medium DensityResidential; HDR – HighDensityResidential CurrentZoning: AG – Agriculture Theapplicant, MarlonDanner ofDanner, Inc., requestsrenewal oftheexistingSmallScaleMineral Extraction permitfor2021. Staffisnotaware ofanysignificant issuesassociated withsitemining andhaul-backsincethelastreview. Pleasenotethattheapproved permit allowsthe applicant to perform grading workinthenorthern portionofthesite, outsideoftheapprovedmining area. Whilethisworkisacceptable underthetermsofthepermit, theapplicant shouldensure thereis adequate fillandtopsoilremaining forreclamation oftheminingsite. After requestinga modification tothephasingofthegradingworkthatwasultimately approved bytheCity, thework commenced threeyearsagoandhasbeenpartoftheongoing miningandreclamation operation beingconducted onthesite. Allsuch grading istaking place inthe “Phase1” gradingareaadjacent toCountyRoad 42. Itdoesnotappearthatmuch, ifany, additional material wasplacedinthephase 1fillareain2020. Theoverallstatus maphasbeenupdatedtoidentify theactivegradingareaonthe subjectproperty. Staffrecommends approvaloftherequest basedupon areviewoftheinformation submitted bythe applicant, themineralextraction standards inSection 11-10-4oftheCityCode, CityPolicerecords andtheattached permit. PLANNINGCOMMISSIONREPORT ThePlanningCommission reviewedtheInterimUsePermitrenewal requestattheirmeetingon December 14, 2020. Therewerenopubliccomments received duringthepublichearing andthe Commission didnotraise anyspecific concernsabout therequest. ThePlanning Commission unanimously adopted amotiontorecommend approvaloftheDannerSmallScaleMineral Extraction permit for2021 subject totheconditions intheattached 2021Conditions forMineral Extraction. SincethePlanningCommission meeting, staffreceivedanemailfromanearbyproperty owner expressing concern aboutdustbeinggenerated bytrucksenteringandexisting thefacility anddirt anddebrisbeingtracked ontothepublicroadways. Itappears thatthecompliant coversmorethan justtheDanner operationsince twootherminesareincloseproximity. Staffwasabletospeakwith theletterwriterandinformed himthatthemineral extraction permitrequires adustcontrolplan andthattheoperatorisresponsible forcleaning anydirtanddebris fromthefacility. Furthermore, staffhascontactedtheoperator todiscussthecomplaint andreiteratetheneedtofollowthedust controlplanatalltimes. BACKGROUND Basedonrecentpermitrenewalsandadiscussion withtheapplicant, theDanner operationextracted approximately 40,000tonsofsand andgravelin2014, andapproximately 65,000tonsofmaterial for eachyearfrom 2015 through2017. For2018and 2019, theapplicant reported theextraction of 60,000tons ofmaterial (pleasenotethatapplicant’sdatesappeartobeoffbyayearinthe application narrative), andthiswasthecasefor2020 aswell. Theapplicant hasnotedthat they expecttoextract thesameamount ofmaterialin2021asithasineachofthelastthreetofour years, withthepossibility ofremoving slightlymoredepending onmarketconditions. Inaddition totheexcavation activity, Danner continues toimportmaterialtothesiteforfuture reclamation. Overthepastyear, theapplicantreports thattherewere5,000cubicyardsof “haul- back” material brought tothesitefromacombination oflocalgovernment roadimprovement projects andotherredevelopment projects inthearea. Testing ofthismaterialhasnotbeen performed since2018; atthattimetheannualreviewincluded areport describing thetesting performed byBraun Interteconthishaul-backmaterialinlate2016andearly2017. BraunIntertec’s testingfound thatthesoils “meettherequirements ofthe2014Conditions forSmallScaleMineral Extraction PermitforDannerandtheBorrow PitReclamation Protocol, alongwithcomplying with theMPCAguidance forBestManagement Practices fortheOff-SitereuseofUnregulated Fill.” The material brought tothesiteoverthepastfewyearsoriginated inthesamestockpiles fromDanner’s South St. Paulyard. Given therelativelysmallamountofmaterial broughttothesiteoverthepast twoyears, staffdoes notbelieve itiscriticaltocomplete testing eachyearbutisrecommending a condition aspart ofnextyear’spermit thatwillrequirehaul-backmaterial testingandreporting tobe completed inearly2021. Staffhaspreviously askedthatthehaul-backfromthelasttwoyears, and anyinthefirstpartof2021bemaintained inonelocation sothattestingofallmaterialcanoccur. 2 Thesiteplanssubmitted withtherenewal request (which werelastupdated inFebruaryof2019) indicate thatactiveminingiscontinuing inthesoutherlyportions ofPhasesOneandTwoofthe overallsite. Basedupontheplanandsiteinspection, stockpiling isoccurring inthenorthern portion ofPhaseOneandTwoorareas designated forfuture phases. Thesubmitted drawing illustrates the areaoutlinedinblueisacombination ofstockpiling, circulation, andmaterial handlingactivity. This workarea isgreaterthanjusttheminingfunction. Theapplication previously statedthatlittlerestoration isoccurring onthesiteduetostockpiling of material. Aspartofmostrecentpermit renewal, staff recommended thatsomerestoration workbe completed in2020. Theprojectnarrativeindicates thatsomefillinghasbeenoccurringonthe southernpropertyline, andtheupdated aerialimageforthepropertydoesshowthattherehasbeen additional restoration completedinthesoutheast cornerofthemine. Ingeneral, theCityexpects reclamation tooccurasmining reachestheapproved elevations, andstaffisrecommending thatthis restoration continuein2020andthelowest miningelevationisreachedfurthertothewest. The applicant isstartingtorunoutofroom forexcavation inthefirsttwophasesandwillneedto complete additional restoration workinthesephasesbefore moving intothethirdphase. Itis expectedsubstantial restoration occur in2020topermitfurthermining ofthesite. Anupdated topographic surveywassubmittedinearly2019andisincluded inthereview materials forthePlanning Commission. Theupdatedsurvey notesthatthelowestelevation ofthemine isat 840.3feetandabovethelowest elevationallowedinthepermit. Because Danner hasnotbeen removing asignificantamountofmaterial, staffhasnotrequired theapplicanttoupdatethemining planeachyear; however, thecurrentdrawing isnearing twoyearsoldandshould beupdated before theendof2021. Duringtheprevious reviews, staffnotedthattherewasstorage takingplaceontheproperty unrelated totheminingactivity. Thepermitwastherefore updated in2017tolimitthenumberof storagetrailersallowed ontheproperty. Basedonstaff’ssitevisitinOctoberof2020andevidence fromrecentairphotographs ofthesite, theapplicant isfollowing therequirement. Grading workis expectedtocontinue throughout 2021andmustadhere totheapprovedgradingplan (asupdated to reflecttherevisedphasingplan). Theintent ofthegradingistocreatealevel sitewithaccessfrom CountyRoad42forfuturedevelopment. Itisstaff’sunderstanding thatsomeofthematerialis fromtheminingsite. Theproperty/ ownerwillbeexpected tofulfillthereclamation plansusing additional on-sitematerialorbringadditional topsoiletc. fromoffsite. ISSUEANALYSIS Aggregatemining isreviewed throughaninterimusepermitwhichisQuasi-Judicialactions. As such, theCityhasasetofstandards andrequirements forreview. Generally, iftheapplications meet theordinance requirements theymustbeapproved. Thestandardsandrequirements forthismineral extraction aredetailedinSection 11-10-4oftheZoningOrdinance andtheattached Mineral Extraction permit. Thesubjectpropertyiszoned AG – Agriculture andmeetsorexceedstheapplicable performance standards forsmallscalemineral extraction. Small scalemineral extraction islistedasaninterim use withintheAgriculture district. Thetablebelow details thecurrentlanduse, zoning, andfuture land useinformation forthesurrounding properties. These properties areallcurrentlyzonedAgricultural orAgricultural Preserve andarelocatedwithinthe2030or2040Metropolitan Urban Service Area MUSA). The2040Future LandUseMapanticipates amixture ofresidentialandbusiness parkuses inthisarea. 3 Surrounding LandUseandZoning Information Direction CurrentLandUse Zoning GuidedLandUse North Agriculture Agricultural BP – BusinessPark AgriculturalSouthAgriculture LDR – LowDensityResidentialPreserve LDR – LowDensityResidential andEastAgricultureAgriculturalMDR – MediumDensityResidential LDR – LowDensityResidential andWestAgriculture/Mining Agricultural MDR – MediumDensityResidential Access totheDannerminecomesfromCountyRoad42viaagravelroadalong theeastern edgeof theproperty. ThisroadissharedwiththeBolander mine tothewest. Theapplicantmaintains a private access agreement withtheneighboringpropertytocoordinate mining levelsandallow continuedaccesstoboththesites. Thepermit application notesthathaulroadswithintheCitywill continue tobeCountyRoad42toStateHighway 52. Theannualrenewal formineral extraction permitsincludes asiteinspection andconsultation with theRosemount PoliceDepartment regarding anypoliceactivity. Policerecordsnotednoactivityat orcallsto) thesubject property in2020. RECOMMENDATION ThePlanning Commission andstaffrecommend approval ofthisrequest baseduponareviewofthe information submitted bytheapplicant, themineralextraction standardsinSection 11-10-4oftheCity Code, CityPolice recordsandtheattached draftpermit. 4 Danner Mine Property Information 0 1,750 3,500875 ft 0 525 1,050262.5 m 1:19,200 Disclaimer: Mapand parcel dataare believed tobe accurate, butaccuracy isnot guaranteed. Thisisnotalegal document andshould not besubstituted for a title search,appraisal, survey, or forzoning verification. 1 Mineral Extraction Permit 2021 Conditions for Small Scale Mineral Extraction Permit DANNER, INC. A Danner Inc., hereinafter referred to as the “Property Owner”, shall sign a written consent to these conditions binding itself and its successors or assigns to the conditions of said permit. B The property Owner shall comply with all terms of this permit as well as the standards for mineral extraction listed in Section 11-10-04 of the City Code. C This permit is granted for the area designated as the eastern half of Phase Two and the entire Phase One approximately 19.5 acres) on Exhibit A, Mineral Extraction Permit Status Map, which is attached hereto as an exhibit. Regrading and reclamation is granted for the area designated Phase I on Exhibit A. Mineral Extraction Permit dated 10-24-2016. Reclamation in Phase I should occur over the 2021 calendar year. D The term of the permit shall extend from the date approved by the City Council until December 31, 2021 unless revoked prior to that for failure to comply with the permit requirements. An Annual Mining Permit fee shall be paid to the City of Rosemount. E All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit. F The final grading for the permit area shall be completed in accordance with the Final Reclamation Plan, attached as Exhibit B, or as approved by the City Engineer, and any other conditions that may be imposed by the City from time to time. G All gravel trucks and other mining related traffic shall enter and exit the mining area from County State Aid Highway 42. It shall be the Property Owner's responsibility to obtain any access permits or easements necessary for ingress and egress. The location of the accesses and/or easements for ingress and egress shall be subject to approval by the City, as well as the County Highway Department if any changes occur relative to the mining process. H A plan for dust control shall be implemented and subject to approval by the City. The Property Owner shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets. After the Property Owner has received 24-hour verbal notice, the City may complete or contract to complete the clean-up at the Property Owner’s expense. In the event of a traffic hazard as determined by the Public Works Director or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Property Owner’s expense without prior notification. I The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise affect the natural drainage of adjacent property. J No topsoil shall be removed from the site and the Property Owner shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on Exhibit A. K Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Property Owner. 2 L All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. M The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday, subject, however, to being changed by the City Council. N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) of active phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to assure compliance with these conditions by the Property Owner. The required surety bonds must be: 1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days written notice to the permit holder and the City. 2) Satisfactory to the City Attorney in form and substance. 3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City Engineer, or any other City officials. 4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all claims, or for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Property Owner. 5) The surety bond or cash escrow shall remain in effect from January 1, 2021 to July 31, 2022. Upon thirty (30) days’ notice to the permit holder and surety company, the City may reduce or increase the amount of the bond or cash escrow during the term of this permit in order to insure that the City is adequately protected. O. The Property Owner shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury liability in an amount of at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars and property damage liability in an amount of at least Two Hundred Fifty Thousand and no/100 250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from January 1, 2021 to July 31, 2022. P. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction debris, manure, asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited. Q. The Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. R. The Property Owner shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. S. Complete mining and reclamation is required in all phases before any additional mining is authorized. Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner shall submit to the City semiannually a written report indicating the amount of material extracted from the site for the prior six-month period. 3 T. The Property Owner shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. U. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). V. The Property Owner must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. W. All recycling must be completed with the completion of the current phase and materials removed from the site. No recycling processes shall be allowed to continue into subsequent phases. X. The Property Owner may not assign this permit without written approval of the City. The Property Owner will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the City of termination and surrenders the permit to the City. The Property Owner shall identify all Operators prior to their commencement of mineral extraction-related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. Y. The Property Owner shall install and maintain a “stock” gate (or equivalent) at the entrance to the property where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not in use. Z. The fill area regrading and reclamation shall follow the procedures described in the Danner Inc. Borrow Pit Reclamation Protocol Rosemount, Minnesota including a report submitted to the City describing the quantities of material brought in, where the material came from, and the test result of the material. The reports submitted shall describe the quantities of material brought in, where the material came from, and the test results, including supporting analytical results of the materials. AA. No gravel mining is permitted in the Fill Area as shown on Exhibit A. BB. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the elevation shown on Exhibit A with haul-back, clean-fill material in accordance with the Danner Inc. Borrow Pit Reclamation Protocol Rosemount, Minnesota. In no instance shall mining occur in the groundwater aquifer. CC. Blasting or the use of explosives is prohibited in the mining of the Danner gravel pit. DD. The City of Rosemount shall have the ability to collect independent soil and water samples. EE. The operator shall install and maintain “No Trespassing” signs consistent with the standards outlined in Minnesota State Statute 609.605. FF. The operator is permitted to have two trailers for storage of items directly related to the operation of the mine and mining equipment. Storage of more than two trailers would be a violation of the conditions of the mining permit and could be cause for revocation of the approval. 4 That Danner, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit. IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this _____ day of __________________, 20_____. DANNER, INC. By:__________________________________ Its: _________________________ STATE OF MINNESOTA ) ) § COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______day of _________________, 20___, by __________________________________, on behalf of Danner, Inc., Property Owner. ______________________________________ Notary Public 107221 PIT STATUS 2017 LANDSCAPE ARCHITECTS Ihereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of 2422 Enterprise Drive,Mendota Heights, MN 55120 651)681-1914 Fax:681-9488 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS Date Designed Drawn Name Reg. No. Date OF 10-24-16 NAP NAP 11DANNER, INC. SOUTH ST. PAUL, MINNESOTA 55075 ROSEMOUNT PIT - CO. RD. 42 ROSEMOUNT, MINNESOTA MINERAL EXTRACTION PERMIT 843 HARDMAN AVENUE SOUTH2018 - STATUS LOCATION MAP LOWEST VERIFIED ELEVATION: 840.3 12-17-18 LicenseState Danner Mine Inspection November 2020 Active Mining Area Material Stockpiles Danner Mine Inspection October 2019 Material Stockpiles Entrance Road Danner Aerial Images September 2020 September 2019 From:Bodsberg, Stacy To:Klatt, Kyle Subject:FW: Danner Pit on CR 42 and the waste dump to the north. Date:Tuesday, December 15, 2020 9:28: 27 AM Stacy Bodsberg, Planning/Personnel Office Specialist City of Rosemount,2875 145th Street,Rosemount,MN 55068 Ph.651-322-2051 http://www.ci.rosemount.mn.us From:monte knoll monte_knoll@yahoo.com> Sent:Tuesday,December 15,2020 9:25 AM To:Bodsberg,Stacy Stacy.Bodsberg@ci.rosemount.mn.us> Subject:Danner Pit on CR 42 and the waste dump to the north. Hello Tracy My name is Monte Knoll We live at 4322 145th street East Rosemount MN 55068 We had planned to attend the public hearing on the renewal of the permit for Danner Pit but has some family matter to attend to i know its maybe to late to enter my comment I was wondering if in there permit there are and provisions for dust control ? The site is heavily traveled with semi traffic and the dust generated is at times i think is excessive. Are they required to apply dust control agent IE calcium chloride to there roadway to control dust ? Along with the dirt that is deposited on the county road from the truck traffic by trucks not covering there loads and during wet weather the mud on CR 42 Sand blowing off the trucks as they travel down the road and highway. i know the uncovered loads is more of a DOT violation as I have witnessed the sand blowing off the trucks going down the road as my vehicle gets sand blasted from the uncovered loads. The other question i have relates to SKB site to the north of my residents with what appears to be large amounts of cement are they required to cover this material as I have wittiness large amount of dust blowing off of this site sometimes it looks like fog coming across the valley. Is asbestos dumped at this site ? Please let me know what there requirement are to control this off site impact to the environment and community and if so who enforces it. Please consider these issues during your next permit approvals Thank You for your time Tracy Monte Knoll 651 341 6300 feel free to call anytime Attached are picture of theses two sites open and zoom in to see what i am talking about. EXECUTIVESUMMARY CityCouncil Regular Meeting: January 19, 2020 AGENDAITEM: Renewal oftheShafer Contracting Co., AGENDASECTION: Inc. SmallScale Mineral Extraction ConsentPermitfor2021 PREPAREDBY: Anthony Nemcek, Planner AGENDANO. 6.i. ATTACHMENTS: SiteLocation; Draft 2021Mining Permit; Excerpt fromtheDecember 14, 2020 Planning Commission Meeting Minutes; Applicant Letter; 2020 Current APPROVEDBY: LJMOperations/Reclamation Status; 2021 Proposed Operations and Reclamation; SoilTesting Reports; SiteAerial; Site Photos RECOMMENDEDACTION: MotiontoApprove arenewal oftheShafer Contracting Co. Inc. SmallScale Mineral Extraction Permit for2021, subject tothetermsandconditions in theattached 2021 DraftConditions forMineral Extraction SUMMARY Applicant andproperty owner: ShaferContracting, Co. Inc. Location: ¼ milewestofRichValleyBlvd., 1milenorth ofBonaire Path East. Areainacres: 93-acretotalarea, approximately 15acresactiveinthewestern 100 feetofPhase4andallofPhase5. CompPlan & Zoning: Agriculture Extraction progress: Phase 5outof7 (approximately 60% complete). Natureofrequest: Annual renewal TheCityCouncilisbeingaskedtoconsiderarequestfrom ShaferContracting Company, Inc. torenewthe existing SmallScale Mineral Extraction Permitforitsoperation locatedwithinthe12000BlockofCounty Road71 (onemilenorthofBonaire PathEast along Rich ValleyBlvd.) inthenortheastern portion of Rosemount. SmallScaleMineralExtraction ispermitted intheCityasanInterim Usewithinspecified areas, andthepermitforsuchusesexpiresafteroneyear. TheShafersitehasbeenoperating asamine for several years, andtherequestforrenewal isconsistent withsimilarrenewals thathavepreviously been issuedforthesite. Theoperatorindicated thatineffectnoactivityhasoccurredattheminesiteand thereforetheattachments andconditions areconsistent withwhatwasapproved since 2018. Themine is usedsolely forprojects associated withShaferContracting projects. ThePlanningCommission andstaff arerecommending approval oftherequest. PLANNINGCOMMISSIONACTION ThePlanning Commission reviewed thisrequest atapublichearingheldduring itsmeeting onDecember 14, 2020. Thecommission askedstaffaboutthecompaction testsrequired forhaulbackandifthehaul backistestedforhazardous materials. Staffdescribedthesituations inwhich haulbackispermittedand howMnDOT isresponsible forensuringthehaulbackisfreeofhazardous materials. Nopublic comments werereceivedduring thepublichearing. ThePlanningCommission voted unanimously to recommend approval oftherequesttorenewtheSmallScaleMineral Extraction Permit. BACKGROUND Shaferhasbeenextracting mineralsfromthesitesince1998 andhasowned thepropertysince2000. No significant amount ofsandorgravelwasremovedin2020, andtherewasnohaul-backorrecycledmaterial broughttotheproperty overthepastyear. Itisunclear whattheexpectations arefor2021although the applicant wants tohavetheresourceavailableshouldtheneed arise. Shaferwould continue removing aggregate fromPhase 5asidentifiedonthe2021Proposed Operations andReclamation Plananddepositing haul-backmaterial inthemiddle 500feetofphases2, 3, and4. Haul-back operations havealowelevation ofabout850feetinphases3and4andprogress uptoan875 elevationinphase 2. In2006, theCityCouncilapproved thehaul-backoperation ifitcomplied withthe following standards: fromaMnDOT construction project, iscleanfillmaterial, doesnotcontain organic matter, andmeetsa95% compaction threshold. Shaferpreviously submitted testresultsforthehaulback materialthrough2015, butinrecent years hadaskedtodelaythecompaction testing duetothelimited amount ofhaul-backmaterial broughtintothesite, since2015. Shafer conducted compaction testing in 2019unfortunately aportionofthehaul-backfailed. Withthecurrentapplication theoperatorhas provided testinformation completed inSeptember 2020thatmeetsthe95% compaction requirement. Asapartoftheannualreviewofallmineralextraction permits, staffperforms aninspectionofthesite andconsultswiththeRosemount Police Department regarding anypoliceactivity. Noordinance or permitcondition violations were apparent during theinspection. Police records foundnoincidents atthe subjectproperty during2020. CONCLUSION & RECOMMENDATION The sitehashadverylittlemining activityoverthelastseveral years. Theissueofminingandhaul-backis addressed intheIUPconditions. The Planning Commission andstaffrecommend renewaloftheSmallScale Mineral Extraction PermitattheShaferContracting Co. Inc. minefor2021. 2 Site Small Scale Mineral Extraction Permit 2021 Conditions for Small Scale Mineral Extraction Permit Renewal SHAFER CONTRACTING COMPANY, INCORPORATED A. Shafer Contracting Co., Inc. (hereinafter "the Property Owner") signs a written consent to these conditions binding itself and its successors, heirs or assigns to the conditions of said permit. B. This permit is granted for the area designated as the western 100 feet of Phase 4 and all of Phase 5 (19.5 acres), on Exhibit A (Mining Operation and Phase Plan), which is attached hereto as one of the exhibits. Haul-back activities from Mn/DOT projects are permitted only within the middle 550 feet of Phase 2, Phase 3, and Phase 4 (19.5 acres), on entitled 2021 Proposed Operations/Reclamation. C. The term of the permit shall extend from January 1, 2021 until December 31, 2021 unless revoked prior to that for failure to comply with the permit requirements. D. All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit. E. The final grading for the permit area shall be completed in accordance with the grading plan Exhibit B (Proposed Reclamation and End Use Plan – Revised 10-31- 06), which is attached hereto, or as approved by the City Engineer, and any other conditions as may be imposed by the City from time to time. F. All gravel trucks and other mining related traffic shall enter and exit the mining area from County Road 71 (Rich Valley Boulevard). It shall be the Property Owner’s responsibility to obtain any access permits or easements necessary for ingress and egress. The location of the accesses and/or easements for ingress and egress shall be subject to approval by the City, as well as the County Highway Department or the Minnesota Department of Transportation if applicable or if any changes occur relative to the mining process. The current location of the access driveway is indicated on the Phasing Plan. A stop sign shall be installed at the driveway entrance to County Road 71, in accordance with standards on file with the City or County Highway Department. Warning signs including “Trucks Hauling” shall be installed at the Property Owner’s expense as needed in accordance with Dakota County requirements. 2021 Mining Permit Shafer Contracting 2 of 6 G. A plan for dust control shall be submitted to and subject to approval by the City. The Property Owner shall clean dirt and debris from streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After the Property Owner has received 24-hour verbal notice, the City will complete or contract to complete the clean-up at the Property Owner’s expense. In the event of a traffic hazard as determined by the City Administrator (or the Administrator’s designee) or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Property Owner’s expense without prior notification. H. The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise affect the natural drainage of adjacent property. I. No topsoil shall be removed from the site and the Property Owner shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be indicated on Exhibit C (Current Operations Map). J. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Property Owner. K. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. L. The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday, subject, however, to being changed by the City Council. M. The Property Owner shall deposit with the Planning Department a surety bond or cash deposit in the amount of Seven Thousand Five Hundred Dollars per acre 7,500.00/acre) for any active phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to ensure performance of all requirements of this agreement and City ordinances by Property Owner. The required surety bonds must be: 1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota. 2) Satisfactory to the City Attorney in form and substance. 2021 Mining Permit Shafer Contracting 3 of 6 3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City Administrator (or the Administrator’s designee) or any other City officials. 4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all claims, for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Property Owner. 5) The surety bond or cash escrow shall remain in effect from January 1, 2021 until July 31, 2022. Upon thirty (30) days notice to the permit holder and surety company, the City may reduce or increase the amount of the bond or cash deposit during the term of this permit in order to insure that the City is adequately protected. N. The Property Owner shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, and at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars for injury or death of more than one person arising out of any one occurrence and damage liability in an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from January 1, 2021 until July 31, 2022. O. No processing or mixing of materials shall occur on the site, except as approved by the Dakota County Environmental Health Department as incidental to a sand and gravel mining operation at which time such activities will be enclosed with snow, or cyclone fencing or as approved by City staff. Construction of any ponding areas, wash plants or other processing or equipment brought to the site shall require additional City Council approval and notification of adjacent property owners. P. The Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. Q. The Property Owner shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. 2021 Mining Permit Shafer Contracting 4 of 6 R. Complete mining and reclamation is required in all phases before any additional mining is authorized. Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner shall submit to the City semi- annually a written report indicating the amount of material extracted from the site for the prior six-month period. After said written report is submitted, the City shall perform an inspection of the site to confirm compliance with the conditions within this Mineral Extraction Permit. S. The Property Owner shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. T. Reclamation requires the replacement of the entire stockpile of topsoil to the mined area, reseeding and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion control, provided also that the minimum depth of topsoil shall not be less than two inches after reclamation. Topsoil for reclamation shall conform to specifications on file with the City. No restored slopes may exceed the gradients shown on Exhibit B. U. The Property Owner must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. V. All recycling must be completed within the 280 feet of Phases 2, 3, as shown on exhibit 2018 Current Operations/Reclamation Status. No recycling processes shall be allowed to continue into subsequent phases. W. The Property Owner may not assign this permit without written approval of the City. The Property Owner will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the City of termination and surrenders permit to the City. The Property Owner shall identify all Operators prior to their commencement of mineral extraction-related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. X. The Property Owner shall install and maintain a “stock” gate (or equivalent) at the entrance to the property where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not in use. Y. There shall be no “haul-back” of materials from any other property or job site that would be imported to the property for fill or other purposes other than incidental concrete recycling as referred to in paragraphs O, U and V; and topsoil imported for the purpose of re-establishing turf as accepted by the City; and earthen fill materials from Mn/DOT projects that further meets the requirements of testing in documents by American Engineering Testing, Inc., and which is used to replace sand and gravel mined below approved finish grades. Z. No mining activity will occur below the elevation of 840 feet above mean sea level. In no instance shall any mining activity occur within a groundwater aquifer. 2021 Mining Permit Shafer Contracting 5 of 6 AA. Shafer Contracting Co., Inc. shall submit quarterly to the City documentation of the American Engineering Testing , Inc. (or other City approved geotechnical testing firm) environmental and geotechnical testing with documentation verifying the source and quantity of Mn/DOT generated “haul-back” material if requested. These reports shall be provided within 14 days after the end of the quarter. BB. Shafer Contracting Co., Inc. shall submit an incidence report to the City within three days of any testing that fails for contamination or hazardous materials, or will not produce a normal moisture-density relationship for compaction. CC. Shafer Contracting Co., Inc. shall compact the entire reclamation site to a minimum compaction of 95% of maximum dry density. DD. Truck operators within the pit area shall not engage in practices involving slamming tailgates, vibrating boxes, using of “jake” or engine brakes (except in emergency situations) or other such activities that result in excessive noise. EE. Fully reclaimed areas will be permanently seeded within 14 days of final completion. All disturbed non-operating areas shall be seeded at a minimum of once per year, prior to October 1 with MnDOT seed mix 130B. Operating areas including working faces, material stockpiles, haul roads, staging areas, and active reclamation areas are not required to be seeded. FF. The City of Rosemount shall have the ability to collect independent soil and water samples. 2021 Mining Permit Shafer Contracting 6 of 6 IN WITNESS WHEREOF, Shafer Contracting Company, Inc. the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit this _______ day of ______________, 20__. Shafer Contracting Co., Inc. By:________________________________ Frank Weiss, Its President STATE OF MINNESOTA ) ) ss COUNTY OF _________ ) The foregoing instrument was acknowledged before me this _________ day of _________________, 20____, by Frank Weiss, President of Shafer Contracting Company, Inc., the Property Owner, on behalf of the Corporation. ________________________________________ Notary Public EXCERPT FROM THE DECEMBER 14, 2020 PLANNING COMMISSION MEETING MINUTES 5.c. Renewal of the Shafer Contracting Co. Inc. Small Scale Mineral Extraction Permit for 2021. 20-58-ME) Community Development Director Lindquist gave a summary of the staff report for the Planning Commission. Commissioner Reed inquired if there is testing on the materials. Lindquist stated that there are requirements for what they haul back and they are not able to haul back hazardous materials. They have provided the testing required in the permit approval last year. The public hearing opened at 7:06 pm. Public Comments: None. MOTION by Kenninger to close the public hearing. Second by Marlow. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 7:07 pm. Additional Comments: None. MOTION by Schmisek to recommend the City Council renew the Shafer Contracting Co., Inc. Small Scale Mineral Extraction Permit for 2021, subject to the terms and conditions in the attached Draft 2021 Conditions for Mineral Extraction. Second by Marlow. Ayes: 6. Nays: 0. Motion Passes. lab:A3166620-99DB-4FC8-AAE3-A5FA000846F6 sig:30A93333-F3D2-409F-B45C-A5FA00084744 American Engineering Testing, Inc.St. PaulAlbertville550ClevelandAveN5548Barthel Ind Dr, Ste500St. Paul, MN 55114 Albertville, MN 55301(651) 659-9001 (763) 428-5573TollFree: (800) 972-6364 www.amengtest.comReportNo: ND:20-22352IssueNo: 1 Project:12215 Blaine AvenueEast2019JohnsonPitTesting Client:This document shall notbereproduced, except in full,without writtenapprovalfromAmericanEngineeringTesting, Inc. Reviewed By: 9/21/2020DateofIssue: CC:BenMattsonFrankWeiss Zachary Anunson SHAFER CONTRACTING CO., INC RosemountMNJobNo:20-22039 Field Density Test Report TestingDetailsTestedBy:Brett Allen Date Tested:9/18/2020FieldMethods:ASTM D6938GaugeType:Troxler 3440 (NUCLEARDENSITYGAUGE)Test Mode:Direct Transmission Model Number:3440 Standard Count: Density:2405SerialNumber:38797 Standard Count: Moisture:717Weather:SunnyProctorInformationSampleID Material Method MDD(lb/ft³)OWC (%) 19-24327-S2 Clayey Sand, a little gravel, brown (SC)ASTM D 698 (B)122.3 10.319-24327-S1 Silty Sand w/ Gravel, fine tomediumgrained, brown (SM)ASTM D 698 (B)131.5 8.4 19-24327-S4 Silty, Clayey Sand, a little gravel, brown(SC-SM)ASTM D 698 (B)130.3 8.919-24327-S3 Sand w/ Clay and Gravel, brown (SP-SC)ASTM D 698 (B)138.1 7.5TestResultsTestNo.Proctor Sample ID ProbeDepth(in.) Wet Density(lb/ft³)WaterContent (%)OWC Var(%)Dry Density(lb/ft³)Comp (%)Comp Spec(%)Results 1 19-24327-S2 10 129.9 10.7 + 0.4 117.3 95.9 ³95OK219-24327-S2 12 135.2 9.4 - 0.9 123.6 101.0 ³95OK319-24327-S2 12 132.7 8.3 - 2.0 122.5 100.1 ³95OK419-24327-S1 12 144.9 9.2 + 0.8 132.7 100.9 ³95OK519-24327-S1 12 148.5 9.9 + 1.5 135.1 102.7 ³95OK619-24327-S4 12 139.8 9.6 + 0.7 127.6 98.0 ³95OKLocationGeneralLocation: PitBackfillTestNo.Location Test Elev/Depth(ft) 1 N 44° 46' 10.50992, W 93° 03' 54.9529, Retest of test 1, originally tested 11/8/2019,reported on ND:19-24198 871.99 Elevation 2 N 44° 46' 11.06933, W 93° 03' 55.4660, Retest of test 3, originally tested 11/8/2019,reported on ND:19-24198 973.01 Elevation 3 N 44° 46' 11.31104, W 93° 03' 55.6795, Retest of test 4, originally tested 11/8/2019,reported on ND:19-24198 973.47 Elevation 4 N 44° 46' 12.31008, W 93° 03' 57.11526, Retest of test 6, originally tested 11/8/2019,reported on ND:19-24198 873.24 Elevation Page 1 of3FormNo: 110244, Report No: ND:20-22352 © 2000-2020 QESTLab bySpectraQEST.com OWC = Optimum WaterContentMDD = Maximum DryDensityOK = AllResults Meet Specification Comments Legend lab:A3166620-99DB-4FC8-AAE3-A5FA000846F6 sig:30A93333-F3D2-409F-B45C-A5FA00084744 American Engineering Testing, Inc.St. PaulAlbertville550ClevelandAveN5548Barthel Ind Dr, Ste500St. Paul, MN 55114 Albertville, MN 55301(651) 659-9001 (763) 428-5573TollFree: (800) 972-6364 www.amengtest.comReportNo: ND:20-22352IssueNo: 1 Project:12215 Blaine AvenueEast2019JohnsonPitTesting Client:This document shall notbereproduced, except in full,without writtenapprovalfromAmericanEngineeringTesting, Inc. Reviewed By: 9/21/2020DateofIssue: CC:BenMattsonFrankWeiss Zachary Anunson SHAFER CONTRACTING CO., INC RosemountMNJobNo:20-22039 Field Density Test Report LocationGeneralLocation: PitBackfillTestNo.Location Test Elev/Depth(ft) 5 N 44° 46' 11.94430, W 93° 03' 56.8597, Retest of test 7, originally tested 11/8/2019,reported on ND:19-24198 872.71 Elevation 6 N 44° 46' 12.04973, W 93° 03' 57.5480, Retest of test 12, originally tested 11/8/2019,reported on ND:19-24198 872.2 Elevation Page 2 of3FormNo: 110244, Report No: ND:20-22352 © 2000-2020 QESTLab bySpectraQEST.com OWC = Optimum WaterContentMDD = Maximum DryDensityOK = AllResults Meet Specification Comments Legend lab:A3166620-99DB-4FC8-AAE3-A5FA000846F6 sig:30A93333-F3D2-409F-B45C-A5FA00084744 American Engineering Testing, Inc.St. PaulAlbertville550ClevelandAveN5548Barthel Ind Dr, Ste500St. Paul, MN 55114 Albertville, MN 55301(651) 659-9001 (763) 428-5573TollFree: (800) 972-6364 www.amengtest.comReportNo: ND:20-22352IssueNo: 1 Project:12215 Blaine AvenueEast2019JohnsonPitTesting Client:This document shall notbereproduced, except in full,without writtenapprovalfromAmericanEngineeringTesting, Inc. Reviewed By: 9/21/2020DateofIssue: CC:BenMattsonFrankWeiss Zachary Anunson SHAFER CONTRACTING CO., INC RosemountMNJobNo:20-22039 Field Density Test Report TestResultsTestNo.Proctor Sample ID ProbeDepth(in.) Wet Density(lb/ft³)WaterContent (%)OWC Var(%)Dry Density(lb/ft³)Comp (%)Comp Spec(%)Results 7 19-24327-S1 12 142.8 8.3 - 0.1 131.9 100.3 ³95OK819-24327-S1 12 143.1 9.4 + 1.0 130.8 99.5 ³95OK919-24327-S3 12 145.1 8.7 + 1.2 133.5 96.7 ³95OKLocationGeneralLocation: PitBackfillTestNo.Location Test Elev/Depth(ft) 7 N 44° 46' 11.05016, W 93° 03' 55.3857, Retest of test 17, originally tested 11/8/2019,reported on ND:19-24198 871.32 Elevation 8 N 44° 46' 11.50771, W 93° 03' 56.4368, Retest of test 20, originally tested 11/8/2019,reported on ND:19-24198 870.45 Elevation 9 N 44° 46' 12.40544, W 93° 03' 57.6530, Retest of test 24, originally tested 11/8/2019,reported on ND:19-24198 869.13 Elevation Page 3 of3FormNo: 110244, Report No: ND:20-22352 © 2000-2020 QESTLab bySpectraQEST.com OWC = Optimum WaterContentMDD = Maximum Dry Density Comments Legend September 2019 September 2020 EXECUTIVESUMMARY CityCouncil Regular Meeting: January 19, 2020 AGENDAITEM: Renewal ofthe Small Scale Mineral Extraction Permit atthePed/Kuznia AGENDASECTION: Properties forBolander and Sons for Consent 2021 PREPAREDBY: Anthony Nemcek, Planner AGENDANO. 6.j. ATTACHMENTS: Location Map; Draft 2021 Mining Permit, Excerpt fromtheDecember 14, 2020 Planning Commission Meeting Minutes; APPROVEDBY: LJMApplicant’sNarrative; Phasing Plan; Grading Plan; Reclamation Plan; Site Aerials; SitePhotographs RECOMMENDEDACTION: MotiontoApprove aRenewal oftheBolander andSons Small ScaleMineral Extraction Permit for2021, subject totheterms andconditions inthe attached 2021 DraftConditions forMineral Extraction SUMMARY Applicant: CarlBolander andSons. LLC PropertyOwner(s): OttoPedRevocable Trust (c/oKarin Larson), GraceKuznia, and KimberlyPed thLocation: 4992145 Street East Areainacres: Ped – 80Acres, theWesthalfalongCo. Rd. 42. Kuznia – 80Acres, theEasthalfalongCo. Rd. 42. Mining area: Approximately 15acres Comp. Guide PlanDesignation: BP – BusinessPark, MDR - MediumDensity Residential and LDR - LowDensityResidential Current Zoning: AG – Agriculture TheCityCouncilisbeing askedtoconsider anapplication fromCarlBolander andSons, LLC requesting threnewalofitsannualsmall-scalemineral extraction permitfortheproperties located at4992145 Street East. Thesubjectproperties areownedbyKarin Larson, KimberlyPed, andGraceKuzniaandarelocated approximately 1 ½ mileseastofUSHighway 52andsouthofCounty Road42. Thisrequestrepresents thefifthyearthattheapplicant willbeoperating themining sitesincetaking overtheminingoperations fromtheprevious owner. Inpreviousyears, theCityexpressed concernthatthereclamation workin earlierphaseshad notyetbeencompleted; however, asofthesummer of2018allreclamation required by theprevious mine operatorhadbeenfinished. BolanderandSons hasbeenimplementing therevised reclamation planamended andapprovedin2016. PLANNINGCOMMISSIONACTION ThePlanningCommission reviewed therequestduringapublic hearingheldonDecember 14, 2020. Following staff’spresentation, theCommission notedoneinstanceinwhichadateneededtobechanged ontheDraftConditions forMineral Extraction. NopubliccommentswerereceivedbytheCommission duringthepublichearing. ThePlanning Commission votedunanimously torecommend approval ofthe request. BACKGROUND Theapplicant received theirfirstannualpermitasoperators oftheminein2017. Overthecourse oftheir firstyearapproximately 180,000cubicyards were exportedfromthesitewhichwasoff-setbyasimilar amountbeinghauledbacktothesitefromprojects foruseinrestoration ofthepit. Bythemiddle of 2018, allthePhase1miningareahadbeenbroughtuptothefinalelevations inaccordance withthe adopted reclamation plan. Since then, theapplicant hascontinued tominewithin Phases 2and3while bringinginfillforsiterestoration forthesephases. In2019, theapplicant reportedremoving 204,730 cubicyardsofmaterial fromthesitewhilehaulingin214, 698cubicyardsforrestoration. Thisyear, 251,110cubicyardswere removedfrom thesiteand151,369cubicyardswerebroughttothesite. The applicant hasprovideddatafromtheanalytical testingperformed onthehaul-backandhasperformed the required compaction testing. For2021theapplicantisexpecting tohaul100,000to150,000cubicyards fromthemine, lessthanthisyearduetoCOVID-19concerns. Workisexpected tocontinueinPhases3 and4, withminingbelowthefinalrestorationgradesoccurring inthoseareas. Theapplicant notesthat theywillnotexceedthemaximumof50,000cubicyardsofrequired fillbelow restoration gradesonthe sitein2021. ISSUEANALYSIS Thesubject property iszonedAG – Agriculture andmeetsorexceedstheapplicable performance standardsforsmallscalemineralextraction. Smallscalemineralextraction islistedasaninterimusewithin theAgriculture district. Thetablebelowdetailsthezoning, currentlanduseandfuturelanduse information (includingtheproposed 2040landuses) forthesurrounding properties. None ofthesitesare located withinthecurrentMetropolitan Urban Service Area (MUSA). Itshould benoted thatsomeofthe agricultural usesincludeassociated residential uses. Surrounding LandUseandZoningInformation Direction CurrentLandUse GuidedLandUse Zoning North Agriculture Commercial, Business Park & Light Agriculture Industrial (2040DraftPlan – Medium DensityResidential) South Agriculture Medium Density Residential (westhalf) Agriculture Preserve Business Park (easthalf). (2040Draft Plan – LowDensity Residential) East Agriculture Business Park, Medium andLowDensity Agriculture Residential (2040 DraftPlan – Low DensityResidential) West Agriculture/Mining Commercial, Business Park & Medium Agriculture DensityResidential (2040DraftPlan – LowDensityResidential) ThePed/KuzniamineisaccessedbyajointaccessroadwiththeDannermineonthewestern edgeofthe Pedpropertyline. Theapplicantmaintainsaprivate accessagreement withDannertocoordinate mining levelsandallowcontinued accesstothesite. Asapartoftheannual reviewofallmineral extraction permits, staffperforms aninspection ofthesite andconsultswiththeRosemount Police Department regarding anypoliceactivity. Noordinance or permitcondition violations wereapparentduringtheinspection, andgroundcover hasbeenestablished onallrestored areas. Policerecords foundonecallthatmayberelatedtothesubjectproperty during 2020, butbecausetherearetwoother minesaswellastheSKBwastedisposal operation hauling on 2 County Road42itcannot beestablished thatthecomplaint wasgeneratedbytheBolander operation. Thatcomplaint wasregarding asemionCountyRoad42driving recklesslyafterleaving oneofthepits. CONCLUSION & RECOMMENDATION Theconcerns thataroseduringtheprevious permitting cyclesregarding thechangeover fromtheprevious operator wereaddressed in2018andsubsequent renewals. Thereclamation ofthesiteisproceeding as plannedandtheapplicant ismeeting theconditions containedintheminingpermit. ThePlanning Commission andstaffrecommend renewaloftheSmall-ScaleMineral Extraction PermitatthePed/Kuznia properties forBolander andSonsfor2021. 3 CARL BOLANDER SITE MAP Property Information 0 0.65 1.30.325 mi 0 120.5 km 1:38,400 Disclaimer: Mapand parcel dataare believed tobe accurate, butaccuracy isnot guaranteed. Thisisnotalegal document andshould not besubstituted for a title search,appraisal, survey, or forzoning verification. 2021 Mining Permit Bolander and Sons./Ped -Kuznia Page 1 of 6 Small Scale Mineral Extraction Permit 2021 Conditions for Small Scale Mineral Extraction Permit Renewal Bolander and Sons (PED-KUZNIA) A. Bolander and Sons (hereinafter the “Operator”) shall sign a written consent to these conditions binding itself and its successors and assigns to the conditions of this permit. Karin L. Larson, Kimberly K Ped and Grace Kuznia (hereinafter the “Owner”) shall sign written acknowledgment and consent to these conditions and to issuance of this permit in the form set forth at the end of these conditions. B. The property Owner shall comply with all terms of this permit as well as the standards for mineral extraction listed in Section 11-10-04 of the City Code. C. This permit is granted for the area designated as Phase 3 and Phase 4 as shown on the Phasing Plan dated 11-11-2020. The active mining and excavation area cannot exceed 19.5 acres open at any one time and only 50,000 cubic yards can be open below the reclamation grades consistent with the approved Plan, at any one time. The establishment of vegetation is required within all completed reclamation areas. D. The term of the permit shall extend from January 1, 2021 until December 31, 2021 unless revoked prior to that for failure to comply with the permit requirements. A mining permit fee of 370.00 shall be paid to the City of Rosemount. E. All required permits from the State of Minnesota, County of Dakota and City of Rosemount hereinafter "City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Operator to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit. F. The final grading for the permit area shall be completed in accordance with the submitted Proposed Reclamation Plan dated 11-01-2016. An 8% grade for the public road corridor which allows access into the site consistent with public road standards is required through site reclamation. G. All gravel trucks shall enter and exit the mining area from County State Aid Highway 42 (CSAH 42) from the joint access between the Danner and Ped properties and the designated truck route to (and from) the site shall be CSAH 42, west to State Trunk Highway 52 (STH 52), north on STH 52 to the City boundary. It shall be the Operator’s responsibility to obtain easements for ingress and egress. The location of the accesses and/or easements for ingress and egress shall be subject to approval by the City, as well as the County Highway Department or the Minnesota Department of Transportation if applicable or if any changes occur relative to the mining process. 2021 Mining Permit Bolander and Sons./Ped -Kuznia Page 2 of 6 H. A gate must be placed at the driveway entrance that shall be secured after hours. The operator shall also install and maintain “No Trespassing” signs consistent with the standards outlined in Minnesota State Statute 609.605. I. The Operator shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets. After the Operator has received 24-hour verbal notice, the City may complete or contract to complete the clean-up at the Operator's expense. J. The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise affect the natural drainage of adjacent property. K. No topsoil shall be removed from the site and the Operator shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be indicated on Exhibit A, the Mining Plan. L. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Operator. M. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the operator prior to the issuance of the permit. The Operator shall reimburse the City for the cost of periodic inspections by the City Public Works Director or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. The Operator agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. N. The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday subject to being changed by the City Council. O. The Operator shall deposit with the Engineering Department a surety bond or cash escrow in the amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) of active phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to assure compliance with these conditions by the Operator. The required surety bonds must be: 1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days written notice to the permit holder and the City. 2) Satisfactory to the City Attorney in form and substance. 3) Conditioned that the Operator will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the Public Works Director or any other City officials. 4) Conditioned that the Operator will secure the City and its officers harmless against any and all claims, or for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Operator. 2021 Mining Permit Bolander and Sons./Ped -Kuznia Page 3 of 6 5) The surety bond or cash escrow shall remain in effect from January 1, 2021 until July 31, 2022. 6) Upon thirty (30) days’ notice to the permit holder and surety company, the City may reduce or increase the amount of the bond or cash escrow during the term of this permit in order to insure that the City is adequately protected. P. The Operator shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury liability in an amount of at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars and property damage liability in an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from January 1, 2021 until July 31, 2022. Q. Processing and crushing of materials are permitted on the site in accordance with the Sand and Gravel Mining Plan and Backfill Plan dated November 2018. No additional processing or production of materials may occur on the site and construction of any ponding areas or wash plants shall require additional City Council approval and notification of adjacent property owners, except as approved by the Dakota County Environmental Health Department as incidental to a sand and gravel mining operation. Any such activities will be enclosed with cyclone fencing, or as approved by City staff, and the fencing shall be properly maintained. R. The Operator and the Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Operator and the Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. S. The Operator comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. T. Modifications or expansion of the mining areas must be approved in writing by the City. U. The Operator shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. V. The Operator shall receive all applicable permits and follow all appropriate regulations of all federal, state, or county agencies. W. The Proposed Reclamation Plan shall be coordinated with any abutting Mineral Extraction site to insure matching conditions and final grades along any adjoining property line(s) to the greatest extent possible. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion control. The minimum depth of topsoil shall not be 2021 Mining Permit Bolander and Sons./Ped -Kuznia Page 4 of 6 less than two inches after reclamation. Reclamation of the site must be consistent with the Council approved reclamation plan to ensure future development potential of the site. X. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction debris, manure, asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited. Y. The fill area regrading and reclamation shall follow the procedures described in the Sand and Gravel Backfill Protocol dated 2016 including an annual report submitted to the City describing the quantities of material brought in, where the material came from, and the test result of the material including supporting analytical results. Z. Mining to the elevation of 840 feet above mean sea level is allowed provided that the site is reclaimed to the elevation shown on the Proposed Reclamation Plan dated 11-01-2016. Should haul-back be brought to the site, it must comply with the Sand and Gravel Backfill Protocol dated January 2016. In no instance shall mining occur in the groundwater aquifer. AA. Blasting or the use of explosives is prohibited in the mining of Bolander and Sons operation. BB. The City of Rosemount shall have the ability to collect independent soil and water samples. 2021 Mining Permit Bolander and Sons./Ped -Kuznia Page 5 of 6 Karin L. Larson, Kimberly K. Ped and Grace Kuznia, Minnesota residents and owners of the properties for which this permit is issued, hereby consent and agree to the issuance of a mineral extraction permit for said properties and to the imposition of the foregoing conditions. Owners further agree and consent to entry onto said properties by the City, its officers, agents, contractors and employees and by the surety of the bond issued in accordance with paragraph O, its officers, agents, contractors and employees to take any action deemed necessary by the City to enforce and assure compliance with the conditions of this permit and law. Owners further agree that they will not bring any claims or legal actions against the City, its officers, agents, contractors or employees for damages arising out of issuance of this permit or administration or enforcement by the City of the conditions of this permit or of law. The foregoing agreements of Owners shall run with the land of said properties and shall bind the Owners, their heirs, successors and assigns. By: Karin L. Larson By: Kimberly K. Ped By: Grace Kuznia STATE OF MINNESOTA ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___ by Karin L. Larson, Minnesota resident and property owner. Notary Public STATE OF MINNESOTA ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___ by Kimberly K. Ped, Minnesota resident and property owner. 2021 Mining Permit Bolander and Sons./Ped -Kuznia Page 6 of 6 Notary Public STATE OF MINNESOTA ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___ by Grace Kuznia, Minnesota resident and property owner. Notary Public That _________________________ of Bolander and Sons, the operator, hereby consents and agrees to the foregoing conditions of said mining permit. Bolander and Sons By: Its: _______________________ STATE OF MINNESOTA ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___ by _______________________ of Bolander and Sons, the operator. Notary Public EXCERPT FROM THE DECEMBER 14, 2020 PLANNING COMMISSION MEETING MINUTES 5.b. Renewal of Bolander and Sons Small Scale Mineral Extraction Permit at the Ped/Kuznia Properties for 2021. (20-57-ME) Planner Nemcek gave a summary of the staff report for the Planning Commission. The public hearing opened at 6:55 pm. Public Comments: None. MOTION by Kenninger to close the public hearing. Second by Schmisek. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 6:56 pm. Additional Comments: None. MOTION by Freeman to recommend the City Council approve the Bolander and Sons Mineral Extraction Permit for 2021, subject to the terms and conditions in the attached 2021 Draft Conditions for Mineral Extraction. Second by Reed. Ayes: 6. Nays: 0. Motion Passes. Sand and Gravel Mining and Backfill Plan November 2020 Year 4 Report 145th Street Sand Pit – Otto Ped Property Submitted to: City of Rosemount Prepared By: Carl Bolander and Sons, LLC 251 Starkey Street St Paul, MN 55107 651) 224-6299 November 11th, 2020 1. Introduction Carl Bolander and Sons, LLC (Bolander) has entered into an agreement with Otto Ped Revocable Trust (C/O Karen Larsen), Grace Kuznia, and Kimberly Ped (Land Owners) to operate a sand and gravel mining operation on two parcels of land on 145th street in Rosemount, Minnesota. Sand and gravel resources are being excavated and prepared for off-site uses. These operations include: excavation, stockpiling, screening, crushing, recycling concrete/asphalt, and loading trucks. Bolander is mining sand and gravel for uses off site. This document has been prepared as a submittal to the City of Rosemount as part of our yearly reporting to operate the site. The mining operation is done in accordance with the following: This mining and backfill plan The SWPPP City of Rosemount Code 11-10-4 Small Scale Mineral Extraction Any permits issued by the City, County, or State. The site shall be reclaimed in accordance with the following: This mining and backfill plan The SWPPP City of Rosemount Code 11-10-4 Small Scale Mineral Extraction Any permits issued by the City, County, or State. 2. Location and Access The mailing address for the Dakota County Parcel ID 34-09200-50-011 is 4992 145th Street East, Rosemount, MN 55068. The Dakota County Parcel ID 34-02900-50-012 does not have a mailing address. 3. Current Phase Being Mined We are currently mining below restoration grade in phase 3 and above restoration grades in phase 3 and Phase 4. 4. Current Status of Reclamation Please see the attached updated Topographic survey dated 10-31-2019. We have successfully hauled in and placed 46,500 CY of fill materials during 2017, 178,750CY in 2018, 214,698 CY in 2019, and 151,369 CY so far in 2020. All this material is from projects which used in the restoration of the pit. Much of the pit has been backfilled and restored. 5. Amount of Material removed from the site For calendar year to date 2020 we have exported 251,110 CY from the site. 6. Summary of all Backfill brought to the Site during 2018 Analytical testing of soils is attached in electronic format. Date Hauled Quantity Units Job Number ProjectName Project Location 9/30/2019 - 4/1/2020 11,352 CYLV 19-4150 Gateway 303rdStreetSouth Minneapolis, MN 10/15/2019 - 6/1/2020 5844 CYLV 19-4680 I-35W I-35 WSouthof Minneapolis 9-23/2019 - 5/1/2020 2570 CYLV 18-3010 East Side Storage 34027thAve NE, Minneapolis, MN 9-23/2019 - 5/1/2020 6313 CYLV 19-4470 270 Hennepin Avenue 270 Hennepin Avenue, Minneapolis, MN 2/24/2020 - 3/26/2020 875 CYLV 19-5080 StPaulGateway 150North Smith Avenue StPaul, MN 1/2/2020- 9/16/2020 2250 CYLV 19-5160 44thandHarriet 2616West 44th Street Minneapolis, MN 10/22/2020 - Current 8425 CYLV 20-6300 Lothenbach 401 Lake Street Wayzata, MN 6/8/2020 - Current 94387 CYLV 20-6150 FordSite - MainProject 2192FordParkway StPaul, MN 6/8/2020 - Current 6866 CYLV 20-6590 FordSite - Pres Homes 2192 Ford Parkway StPaul, MN 6/8/2020 - Current 12487 CYLV 20-6500 Ford Site - Pulte 2192 Ford Parkway St Paul, MN 151,369 7. Compaction Tests We have completed additional tests to add to the first 24. Results are attached in the electronic file. 8. Summary of problems No operating issues to report for 2020. We are concerned about the construction market in 2021 due to impacts from COVID. Architectural billings and job starts are down 30- 50% as a result of 2020 impacts. 9. Forecasting We anticipate utilizing 100,000 – 150,000 CY of sand next year. We are concerned about the construction market in 2021 due to impacts from COVID. As we are in the process of excavating below grade in phase 3 and 4, we will not exceed our established 50,000 CY maximum required fill below restoration grades. 8. Reports Bolander will provide the City of Rosemount with annual reports that cover operations taking place at the site for the previous year. These reports shall include: Current Phase Being Mined. (Phase 3 and 4) Current Status of Reclamation. (Phase 1 and 2 fully restored – partial 3) Amount of material being removed from the site. (251,110) Summary of all backfill brought to the site, including laboratory tests. (attached) Compaction tests for the placed backfill. (attached) Summary of any problems and remedies that have been implemented to solve problems identified in previous reports. (complete) Year ahead forecasting updates. (complete) 9. Other Requested Information Depth of topsoil is variable, with average of 4-6” typically All trees proposed for removal were removed 2 years ago. Depth of water table is variable – we believe 715’- 720’ if encountered. The water we tend to encounter is perched water at variable elevations depending if silt is present at depth. EXECUTIVESUMMARY CityCouncil Meeting: January 19, 2021 AGENDAITEM: Approve Lease Agreement forToro AGENDASECTION: Mowers Consent PREPAREDBY: Brian Erickson, PE, Director ofPublic AGENDANO. 6.k. Works / CityEngineer ATTACHMENTS: LeaseQuote APPROVEDBY: LJM RECOMMENDED ACTIONS: Motion toapprove leasing two ToroGroundsmaster 5910 mowers fromMTIEquipment BACKGROUND TheCityofRosemount’sCapitalImprovement Planincludes thepurchase ofonelargemower for2021 andonelargemowerin2022. Thefundingforthispurchase wouldcome fromtheEquipment Fund, and thetotalamount forthesetwounitsis $210,000 ($110,000in2021and $100,000in2022). Staffreviewed thepossibilityofleasing equipment inadditiontothelightand mediumdutyvehicles. With theadditionofanewlargemowerinthenexttwoyears, thatoptionwasagainreviewed. Theproposed4- yearleaseagreement withMTIEquipment wouldprovide 2newmowers, withappropriate equipment and a48month/2400hourwarranty. Anexisting 2015 mower wouldalsobetradedinaspartofthis agreement resulting ina $13,500credit. Thepricingisbased onMinnesota state-bidcontracts andattheendoftheleaseagreement thecitywould havetheoptionofpurchasing themowersatfairmarketvalue. Staffwillreviewthemowersin2023, prior toleasetermination andmakearecommendation onwhethertopurchase. Byleasing thesetwomowers, theannual payment wouldbeapproximately $22,000lessthanpurchasing thesemowers attheendoftheleaseterm. However, attheendoftheagreement there wouldbeaneedto determine ifthemowers should bereplaced orpurchased. Thisleasewouldalsoreducecosts paidfrom theEquipment Fundinthenearterm. Pleaseseetableonpage2fordetailed costinformation. c:\\users\\jab\\appdata\\local\\temp\\6.k. approve leaseagreement fortoromowers_631214\\6.k. approve leaseagreement fortoromowers.docx MOWER LEASE v. PURCHASE COMPARISON2021202220232024Lease Mower8607$ 23,542.02$ 23,543.02$ 23,544.02$ 23,545.02Mower8066$ 23,542.01$ 23,543.01$ 23,544.01$ 23,545.01 Total$ 47,084.03$ 94,170.06$ 141,258.09 $ 188,348.12PurchaseMower8607$ 110,000.00 Mower8066$ 100,000.00 Total$ 110,000.00 $ 210,000.00$ 210,000.00$ 210,000.00 Equipment62,915.97 $ 115,829.94 $ 68,741.91 $ 21,651.88 CIPSavings RECOMMENDATION Staffrecommends Councilapprove theleaseoftwoToroGroundsmaster 5910mowers fromMTI Equipment. 2 City of Rosemount Quote Date: 1.12.2021 Quote Id#Q00549 Award Price Type: MN State Contract Contract #178432 Quantity Model #Product Name Unit Award Price Extended Award Price 2 31699 Groundsmaster 5910 (T4)$112,951.30 $225,902.60 2 31701 Auxiliary Braking System $75.07 $150.14 2 30706 North American Road Light Kit $463.73 $927.45 2 cm424- 31699 TPP 48 Months 2400 hours Comprehensive $4,600.38 $ 9,200.76 1 xx-ue Less trade in Toro GM 31599-315000101 -$13,500.00 -$ 13,500.00 MN State Contract Pricing is valid until Jan. 31st, 2021. 222,680.95 exempt 222,680.95 Financing: New Toro Commercial Equipment includes a Two (2) Year Manufacture Warranty Terms: Net 30 day (if not financed) Bob Frank, SCPS Mandi Prinsen, SCPS Outside Sales Representative Inside Sales Representative 612-877-0837 800-492-6344 bob.frank@mtidistributing.com Award Price Subtotal Sales Tax (7.375%) Award Price Total mandi.prinsen@mtidistributing.com MTI Distributing, Inc. • 4830 Azelia Avenue North, Suite 100 • Brooklyn Center, MN 55429 Set-Up and Delivery at No Charge 2.5% Service Fee to be applied to all invoices paid via Credit Card 4 Year Term with 4 annual Payments of: $47,048.03 Thank you for allowing us the opportunity to partner with you on your equipment needs. We are pleased to submit this equipment proposal for your review. All of the proposed Toro equipment meets, or exceeds, ANSI Safety Specifications. Toro Equipment Proposal Please do not hesitate in contacting us with any questions. FMV (Fair Market Value) Lease Option through TCF Financial - Rates are subject to change without notice / $250.00 Doc Fee Proposed payments include sales tax / Leased products will be available for purchase at the end of term for a TBD Fair Market Value price i:\city clerk\agenda items\approved items\clerk processed\2021\01-19-2021 ccm rm\6.l. 132nd street improvements, city project 465 final acceptance and authorization of final payment.docx E X E C U T I V E S U M M A R Y City Council Meeting: January 19, 2021 AGENDA ITEM: 132nd Street Improvements, City Project 465 Final Acceptance and Authorization of Final Payment AGENDA SECTION: Consent PREPARED BY: Brian Erickson, PE, Director of Public Works / City Engineer AGENDA NO. 6.l. ATTACHMENTS: Resolution, Engineer’s Recommendation, Final Payment Application APPROVED BY: LJM RECOMMENDED ACTIONS: Resolution to Approve Final Payment to Friedges Contracting Co., Inc. for 132nd Street Improvements, City Project 465 and Accepting the Improvements for Perpetual Maintenance BACKGROUND On September 5, 2017, the City Council approved a contract with Friedges Contracting Co., Inc. for the improvement of 132nd Street between Minnesota Highway 3 and Dodd Boulevard. The scope of work included installation of utilities and paving the street surface. Unfortunately, as Friedges began work concerns about the depth of excavation and utility conflicts presented problems that required significant additional coordination. This effort resulted in a substantial delay. The project was finally completed, and the wear course of pavement installed in 2020. DISCUSSION Through the course of construction there were two contract modifications issued and the following table shows the final cost for the work completed which is 9.7% higher than the original contract amount. At this time, Friedges Contracting Co., Inc. has completed all the improvements as detailed in the contract and WSB and Associates has recommended acceptance of the work. Final payment is ready to be issued pending receipt of final administrative paper work. RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the improvements and authorizing final payment to Friedges Contracting Co., Inc. for 132nd Street Improvements, City Project 465. Amount Original Contract 288,075.20$ CO #1 34,432.90$ CO #2 8,626.35$ Final Quantity Adjustments (15,059.90)$ TOTAL COST 316,074.55$ TOTAL PROJECT COST CITYOFROSEMOUNT DAKOTACOUNTY, MINNESOTA RESOLUTION2021 – 06 ARESOLUTIONACCEPTINGPUBLICIMPROVEMENT NDFOR132 STREETIMPROVEMENTS CITYPROJECT465 WHEREAS, Friedges Contracting Co., Inc. hascompleted therequired construction asperthescope ofthecontract, and; WHEREAS, theCity receivedaconcurrence fromWSBandAssociates thattheworkhasbeen completed inaccordance withtheapprovedplansandspecifications andfindstheimprovements acceptable, and; WHEREAS, thecontractoriscompilingallnecessary administrative requirements tocloseoutthe contract. NOWTHEREFORE BEITRESOLVED BYTHECITYCOUNCIL OFTHECITY OF ROSEMOUNT, MINNESOTA: 1. Theimprovements completed undersaidagreement areherebyaccepted forperpetual maintenance andownership. 2. Finalpayment tothecontractor isauthorized upon receipt ofallrequired administrative paperwork. thADOPTEDthis19 dayofJanuary, 2021. WilliamH. Droste, Mayor ATTEST: ErinFasbender, CityClerk K:\01928-710\Admin\Construction Admin\Pay Vouchers\Final Payment\2021.01.12 Memo - Project Closeout.docx 540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737.4660 | WSBENG. COM Memorandum To: Brian Erickson, PE, Public Works Director/City Engineer City of Rosemount From: Tim Hanson, PE, Senior Project Manager Date: January 12, 2021 Re: 132nd Street Improvements City Project No. 465 WSB Project No. 01928-71 The City of Rosemount is in the process of closing out and accepting the street and utility improvements for the 132nd Street Improvement Project. The improvements, consisting of sanitary sewer extension, watermain extension, storm sewer improvements, sidewalk improvements and street construction were designed and inspected by WSB in accordance with the City’s Standard Specifications and Engineering Guidelines. The public improvements were constructed by Friedges Contracting Co., Inc. Improvements were constructed in the summer of 2019 and 2020. Friedges Contracting has submitted most of the paperwork necessary for final payment including IC 134 forms, contractor affidavit, Mechanic’s Lien Waivers, Maintenance Warranty Bond and the signed final pay voucher for final payment. Surety for Payment is being processed by the contractor. The final project cost is $316,074.55. Final Payment amount is $51,445.74. WSB recommends approval and acceptance of the public improvements and final payment to Friedges Contracting Co., Inc. as indicated. Please contact me at thanson@wsbeng. com or 612-219- 2553 with any TOTAL PROJECT COSTAmountOriginalContract$ 306,891.50 FinalQuantityAdjustments$ (11,309.70) TOTAL COST$ 295,581.80 EXECUTIVESUMMARY CityCouncil Meeting: January 19, 2021 AGENDAITEM: Addison Avenue Improvements, City AGENDASECTION: Project 2018-06FinalAcceptance and ConsentAuthorizationofFinalPayment PREPAREDBY: Brian Erickson, PE, Director ofPublic AGENDANO. 6.m. Works / CityEngineer ATTACHMENTS: Resolution, Engineer’s Recommendation, Final Payment APPROVEDBY: LJM Application RECOMMENDED ACTIONS: Resolution toApprove FinalPayment toFriedges Contracting Co., Inc. forAddison Avenue Improvements, CityProject 2018-06and Accepting theImprovements forPerpetual Maintenance BACKGROUND OnMay1, 2018, theCity Councilapproved acontract withFriedgesContractingCo., Inc. forthe stconstructionofAddisonAvenuebetween141 Street EastandAdalynAvenue. Thescopeofwork included installation ofutilitiesandpavingthestreetsurface. Additionally, atemporary cul-de-sacwas constructed. Afteramajority ofconstruction wascomplete in2018, development further totheeast caused adelayoffinalpavingtoreduce theimpact adjacentconstruction wouldhaveontheroadsurface. Thewearcourseofpavement wasinstalledin2020. DISCUSSION Through thecourse ofconstruction therewerenocontract modifications issuedandthefollowing table shows thefinalcostfortheworkcompleted whichis3.7% lowerthantheoriginalcontract amount. Atthistime, FriedgesContractingCo., Inc. hascompleted alltheimprovements asdetailedinthecontract andWSBandAssociates hasrecommended acceptance ofthework. Finalpaymentisreadytobeissued pendingreceipt offinaladministrative paperwork. RECOMMENDATION Staffrecommends thattheCityCouncil adopttheattached resolution accepting theimprovements and authorizing finalpaymenttoFriedgesContracting Co., Inc. forAddison Avenue Improvements, City Project 2018-06. c:\\users\\jab\\appdata\\local\\temp\\6.m. addison avenue improvements, city project 2018-06final acceptance and _631218\\6.m. addison avenue improvements, cityproject 2018-06final accepta.docx CITYOFROSEMOUNT DAKOTACOUNTY, MINNESOTA RESOLUTION2021 – 07 ARESOLUTIONACCEPTINGPUBLICIMPROVEMENT FORADDISONAVENUEIMPROVEMENTS CITYPROJECT2018-06 WHEREAS, Friedges Contracting Co., Inc. hascompleted therequired construction asperthescope ofthecontract, and; WHEREAS, theCity receivedaconcurrence fromWSBandAssociates thattheworkhasbeen completed inaccordance withtheapproved plansandspecifications andfindstheimprovements acceptable, and; WHEREAS, thecontractoriscompilingallnecessary administrative requirements tocloseoutthe contract. NOWTHEREFORE BEITRESOLVED BYTHECITYCOUNCIL OFTHECITY OF ROSEMOUNT, MINNESOTA: 1. Theimprovements completed undersaidagreement areherebyaccepted forperpetual maintenance andownership. 2. Finalpayment tothecontractor isauthorized upon receipt ofallrequired administrative paperwork. thADOPTEDthis19 dayofJanuary, 2021. WilliamH. Droste, Mayor ATTEST: ErinFasbender, CityClerk K:\011546-000\Admin\Construction Admin\Pay Vouchers\2021.01.12 Memo - Project Closeout.docx 540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737.4660 | WSBENG. COM Memorandum To: Brian Erickson, PE, Public Works Director/City Engineer City of Rosemount From: Tim Hanson, PE, Senior Project Manager Date: January 12, 2021 Re: Addison Avenue Improvement Project City Project No. 2018-06 WSB Project No. 011546-000 The City of Rosemount is in the process of closing out and accepting the street and utility improvements for the Addison Avenue Improvement Project. The improvements, consisting of sanitary sewer extension, watermain extension, storm sewer improvements, sidewalk improvements and street construction were designed and inspected by WSB in accordance with the City’s Standard Specifications and Engineering Guidelines. The public improvements were constructed by Friedges Contracting Co., Inc. Improvements were constructed in the summer of 2019 and 2020. Friedges Contracting has submitted most of the paperwork necessary for final payment including IC 134 forms, contractor affidavit, Mechanic’s Lien Waivers, Maintenance Warranty Bond and the signed final pay voucher for final payment. Surety for Payment is being processed by the contractor. The final project cost is $295,581.80. Final Payment amount is $21,987.93. WSB recommends approval and acceptance of the public improvements and final payment to Friedges Contracting Co., Inc. as indicated. Please contact me at thanson@wsbeng. com or 612-219- 2553 with any EXECUTIVESUMMARY CityCouncil Meeting: January 19, 2021 AGENDAITEM: Approve PlansandSpecifications and Authorize Advertisement forBidsforthe AGENDASECTION: 2021Street Improvement Project, City Consent Project 2021-01 PREPAREDBY: BrianErickson, PE, Director ofPublic AGENDANO. 6.n. Works / CityEngineer ATTACHMENTS: Resolution, Location Map APPROVEDBY: LJM RECOMMENDEDACTIONS: Motion toAdopt aResolution Receiving thePlans and Specifications andAuthorizing theAdvertisement forBids forthe2021Street Improvement Project, City Project 2021-01. BACKGROUND The2021Street Improvement Project, CityProject 2021-01, isproposedtoconsistofanasphalt milland overlayand/orreclamation onthefollowing streets: thUpper149 StWbetween CrandallAveandColorado Ave ththCovingtonAvebetween147StWandUpper149 StW ColoradoAve th157 CtW th157 StW thDarlingPathbetweenDanburyAveand200feetsouthofUpper156 StW th156 StWbetween Darling PathandShannon Parkway thUpper156 StW th156 CtW Dapple Ct Dapple Cir ththDanvilleAvebetween156StWand156 CtW Cumberland Ave Crocus Ave Crocus Ct Crystal Ct Crystal PathbetweenDanville AveandShannonParkway Minorutilitywork, rehabilitation ofpedestrian ramps tomeetcurrentADArequirements, andboulevard ashtreeremovalswithin theprojectlimitswillalsobeincluded. OnAugust4, 2020theCouncil approved acontractforengineering services withBolton & Menk, Inc. BMI) for2021StreetImprovement Project, CityProject2021-01. BMIauthored areport onthefeasibility ofthisproject. Detailed projectinformation isincludedintheFeasibility Report available onfileinthe c:\\users\\jab\\appdata\\local\\temp\\6.n. approve plans andspecifications and authorize advertisement forbidsf_631220\\6.n. approve plansand specifications andauthorize advertisement fo.docx TOTALPROJECT COSTESTIMATETOTAL PROJECT FUNDINGItemFundingSourceCIPFundingFeasibilityReportFinalDesignItem Street$ 964,383$ 900,000 CostEstimateCost EstimateAssessments$ 519,283$ 250,000 Street1,108,000 1,123,989 Storm$ 142,210$ 65,000 Storm59,000 107,735 Sanitary$ 23,100$ 160,000 Sanitary18,000 17,500 Water$ 121,044$ 55,000 Water107,000 91,700TOTALFUNDING$ 1,770,020$ 1,430,000 Subtotal1,292,000 1,340,923Contingency (10%) 129,200 134,092Engineering Department. Thereportfoundthisproject, asproposed, tobefeasible, costeffective, andConstructionTotal1,421,200 1,475,016IndirectCosts (20%) 284,240 295,003TotalProjectCost1,705,440 1,770,019necessary. Citystaffhosted aneighborhood meetingonOctober 8, 2020. Residents withintheprojectareaasked questions abouttheassessment amounts andpolicies forpayment alongwiththeconstruction timeline andproposed ashtreeremovals. OnNovember 17, 2020, CityCouncil heldapublichearingregardingtheproposedimprovements and heardcomments regarding theproject. Additionally, theCityCouncil passedaresolution authorizing the preparation ofplans andspecifications. DISCUSSION TheFeasibility Report estimated theprojectcost at $1,705,000andnowthatthefinaldesignhasbeen completed theestimated costisapproximately $1,770,000. Aspartoftheestimate, analternative biditem wasestablishedforreclamation ofthepavementvicemillandoverlayduetoexistingpavement distress. Theproject willbefunded byacombination ofStreet CIPfunds, utilityfunds, andspecial assessments of benefitting properties. Thefollowingtableshowstheanticipatedfunding breakdown byfunding type. Oncebidsarereceived thebreakdown willberecalculated basedontheactualbidprices. Thisprojectisscheduled inthe2020-2029CIP. Thefinalengineer’sestimateisapproximately 23% higher thantheCIPestimate. Most ofthecostincreaseisduetowaterandstorm utilities andpedestrian improvements. Staffrecommends thattheproject beadvertised forbidandwillcontinue toreview optionsforcontrolling coststhroughadditivealternatebiditems. 2 SCHEDULE ShouldtheCouncilapprovethisresolution, theproposed projectscheduleisshownbelow. Itemsmarked CC” willrequire CityCouncil approvalinordertomove forward. CCReceive Feasibility ReportandSetImprovement Hearing October20, 2020 CCImprovement Hearing, OrderImprovement and November 17, 2020 Authorize Preparation ofPlans & Specs CCApprove Plans & SpecsandOrderAdvertisement forBid January 19, 2021 BidOpening February 22, 2021 CCSetAssessment Hearing February 2021 Public Open House July2019 CCAssessment Hearing, AwardContract March2021 Construction Start Summer2021 Substantial Completion Fall2021 RECOMMENDATION Staffrecommends Council adoption oftheattachedresolution receivingtheplansandspecifications and authorizing theadvertisement forbidsforthe2021StreetImprovement Project, CityProject2021-01. 3 CITYOFROSEMOUNT DAKOTACOUNTY, MINNESOTA RESOLUTION2021 – 08 ARESOLUTIONRECEIVINGTHEPLANSANDSPECIFICATIONS ANDAUTHORIZINGTHEADVERTISEMENTFORBIDSFOR 2021STREETIMPROVEMENTPROJECT, CITYPROJECT2021-01 WHEREAS, theCityCounciloftheCityofRosemount hasorderedthepreparation ofplansand specifications for2021StreetImprovement Project, CityProject 2021-01, andsuch plansand specifications havebeenpresented tothisCouncilforapproval: NOW, THEREFORE, BEITRESOLVED, bytheCityCouncil oftheCityofRosemount, Minnesota: 1. Suchplansandspecifications arehereby approved andorderedplacedonfileintheoffice of theCityClerk. 2. TheCityClerk shallprepareandcausetobeinserted intheofficial Citynewspaper andthe FinanceandCommerce anadvertisement forbidsuponthemaking ofsuch improvements undersuch approved plansandspecifications forCityProject2021-01. 3. Theadvertisement shallbepublished ineach ofsaidpublications atleastoncenotlessthan three (3) weeks before thedatesetforopeningbids, specifying theworktobedone, stating thebidswillbepubliclyopened onFebruary 22, 2021at10:00a.m. attheRosemount City HallinsaidCity, andthatnobidswill beconsidered unlesssealedandfiledwiththeCity Clerkandaccompanied byacashdeposit, cashier’scheck, bidbondorcertifiedcheck payable totheCityClerkforfive (5%) percent oftheamountofsuchbid. 4. Suchadvertisement forbidsishereby authorized bytheCouncil. thADOPTEDthis19 dayofJanuary, 2021. WilliamH. Droste, Mayor ATTEST: ErinFasbender, CityClerk CAMERO LNCLARETAVECRANDALL AVECHIANTIDELMAR CTPA T H CTPKWYTHST W ( CSAH 42) AVESHANNONDARTMOORCTDECEMBER TRL BOULDER AVEBISCAYNE AVEU 145THST W CIMARRONAVEWDAW SONPL DENVER CTBITTER SWEETCT150THSTW (CSAH42) DECEMBERBI T T E R S W EET CI RBLOOOMFIELDWAY U. 149TH ST W 153RD ST W 151ST ST W STATION TRLBRAZIL AVE156TH ST W144TH ST W DIAMOND PATH ( CR 33) 155TH ST W147TH ST W 146TH BLOOOMFIELDPL BLOOMFIELD CIRCOBBLER AVEDELFT AVE WCAMEO AVE148TH ST WDALLARA BLANCA AVE154TH ST W CT COBALT DR CRYSTALPATH 152ND ST WDANVILLE AVE WBOULDER TRL BLOOMFIELDDARLING PATH CANADAAVE145TH ST W BOXWOODPATHCORNELLTRL158THSTW 148THSTW COVINGTON AVEBEECHST W CT147TH ST W CAMBRIAN AVEBURMA AVECOLORADO AVEDAVENPORTAVECHIPPENDALE AVEST STW COBAL TLANE154TH CT W CARROUSELWAYU. 147TH STWBAY B ER RY T R L CARDINAL L. 147THDAWSON CTCASCADE 158TH CT W 157TH CT W D A M A S K153RD ST WDAMASK AVEDAKOTADR159TH CT W 157TH ST WDANBURYAVEW 160TH ST W (CSAH46) CROCUSAVEU. 148TH ST WDAHOMEY AVE W149TH ST W CRESTVIEW152ND CT WCOLUMBIAL. 150TH ST W DANBURYDANVILLE AVEWCHI LI CT BUSINESSPKWYBAYBERRY BURNLEY AVEBOYSENBERRY CTCHROME CRESTONEAVEBLACKBERRY AVECIR150C OLUMBIA151ST CT W CUMBERLANDCANTATA AVE WCHORLEYCAMFIELDU 145TH ST W CHARLSTON AVEAVEST WCARDINAL PATHAVECICERONECIRCLEB LU EB ER R YC TCROCUS C TBI S C A Y NEWAYDAKOTALNBAYBERRYST W 156 T H STW 153RD ST W CANADA AVE148TH ST W147TH ST WU.149TH 154TH ST W 149TH 158TH STW 151ST ST W 156TH STW146TH ST W DODD CIMARRONAVEWUPPER 149TH ST W U. 149HST W155THSTW147THSTWCIMARRONAVEW152ND144TH ST W 151ST STW CIMARRONAVE146THST W DANVILLEAVEDANVILLE AVE WLOWER147TH STW CHILI AVECLARET AVEU. 148THST W CICERONEPATHWAY S ROB ER TTRL DECEMBERWAY CHERRYCOLUMBARY CTCTCORNELLCT SCRYSTALDAPPLECIRDAPPLE CTCARDINALCIREVERLEIGH CI R DERBYCIRCRESTONECIRCRESTVIEWCIRCLARETCIR CIMARRON CIMARRONCTCTDEWBERRYCTDARJEE L I N G CT 155TH CT W COLUMBARY CIR CHOKECHERRY AVEU. 149TH CTBRENNERCT BOSTONCIR CRESCENTCIR CHASEWOOD CTC H E S T N U TWA Y CIRCTWAY WAY U. 156TH W156TH C T WDARLINGPATHDARLING PATHCINN A M ONWAYCORNELLCTN CTCRESTONECTCRESTONEPATHTRL CANADA CIRCHEVELLECT151ST S T WDAMASKC T WAYPATHBLVD ATWATER WAY AVEB ENTLEYST WCIC E RONEPATHBOISECIR DARJEELINGPATHCO R NE LL AZALEA P A THC O B A L T A V E D A LLARAAVEW144THST W TRL (STH 3)160TH ST W (CSAH 4 6 EXECUTIVESUMMARY CityCouncil Meeting: January 19, 2021 AGENDAITEM: Deepwoods Court Improvements, City AGENDASECTION: Project 2020-03FinalAcceptance and ConsentAuthorizationofFinalPayment PREPAREDBY: BrianErickson, PE, Director ofPublic AGENDANO. 6.o. Works / CityEngineer ATTACHMENTS: Resolution, Engineer’s Recommendation, Final Payment APPROVEDBY: LJM Application RECOMMENDEDACTIONS: Resolution toApprove FinalPayment toMcNamara Construction, Inc. forDeepwoods CourtImprovements, City Project 2020-03andAccepting theImprovements forPerpetual Maintenance BACKGROUND IntheSpring of2019, staffreceivedarequestfromresidents livingonDeepwoods Courtthatthe condition oftheirroadbeaddressed. Atthattime, Deepwoods CourtwaslistedintheCapital Improvement Planforrehabilitation in2022. Asthepavement condition rapidlydeteriorated duringthe 2018/2019winter, staffdiscussed possible repair andmaintenance optionswiththeCityCouncilandwas directed tomovetheprojectforward toconstruction in2020. TheDeepwoods Court Improvement Project, CP2020-03, whichwasawardedApril21, 2020, consisted ofpavement reclamation, asphalt overlay andminordrainageimprovements. Ribboncurbwasadded to theprojectattheresident’srequest andshallbepaidforbyassessment. Atthistime, McNamara Construction, Inc. hascompleted alltheimprovements asdetailed inthecontract andWSBandAssociates hasrecommended acceptance andissuingthefinalpayment forthiswork. Based onfinalquantities, thecostoftheworkis $242,354.72or2.5% belowtheawardedamountof 248, 666.67. Thefinalpaymentis $77,530.94. RECOMMENDATION Staffrecommends thattheCityCouncil adopttheattached resolution accepting theimprovements and authorizing finalpaymenttoMcNamara Construction, Inc. forDeepwoods CourtImprovements, City Project 2020-03. c:\\users\\jab\\appdata\\local\\temp\\6.o. deepwoods court improvements, city project 2020-03final acceptance and_631222\\6.o. deepwoods court improvements, cityproject 2020-03finalaccept.docx CITYOFROSEMOUNT DAKOTACOUNTY, MINNESOTA RESOLUTION2021 – 05 ARESOLUTIONACCEPTINGPUBLICIMPROVEMENT FORDEEPWOODSCOURTIMPROVEMENTS CITYPROJECT2020-03 WHEREAS, McNamara Construction, Inc. hascompleted therequired construction asper thescope ofthecontract, and; WHEREAS, theCity receivedaconcurrence fromWSBandAssociates thattheworkhasbeen completed inaccordance withtheapproved plansandspecifications andfindstheimprovements acceptable; WHEREAS, thecontractor hascompleted allnecessary administrative requirements tocloseoutthe contract. NOWTHEREFORE BEITRESOLVED BYTHECITYCOUNCIL OFTHECITY OF ROSEMOUNT, MINNESOTA: 1. Theimprovements completed undersaidagreement areherebyaccepted forperpetual maintenance andownership. 2. Finalpayment tothecontractor isauthorized. thADOPTEDthis19 dayofJanuary, 2021. WilliamH. Droste, Mayor ATTEST: ErinFasbender, CityClerk K:\015059-000\Admin\Construction Admin\Pay Voucher\Final Payment\2021.01.04 Memo - Project Closeout.docx 540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737.4660 | WSBENG. COM Memorandum To: Brian Erickson, PE, Public Works Director/City Engineer City of Rosemount From: Tim Hanson, PE, Senior Project Manager Date: January 4, 2021 Re: Deepwoods Court Improvements City Project No. 2020-03 WSB Project No. 015059-000 The City of Rosemount is in the process of closing out and accepting the street and improvements for the Deepwoods Court Improvement Project. The improvements, consisting of storm sewer improvements and street reconstruction by reclamation and paving were designed and inspected by WSB in accordance with the City’ s Standard Specifications and Engineering Guidelines. The public improvements were constructed by McNamara Contracting, Inc. Improvements were constructed in the summer of 2020. McNamara Contracting has submitted the paperwork necessary for final payment including IC 134 contractor affidavit, Mechanic’s Lien Waivers, Maintenance Warranty and the signed final pay voucher for final payment. The final project cost is $242,354.72. Final Payment amount is $77,530.94. WSB recommends approval and acceptance of the public improvements and final payment to McNamara Contracting Inc. as indicated. Please contact me at thanson@wsbeng. com or 612-219- 2553 with any EXECUTIVESUMMARY CityCouncil Meeting: January19, 2020 AGENDASECTION: AGENDAITEM: TargetedPicketing Ordinance Adoption Consent PREPAREDBY: MikaelDahlstrom, ChiefofPolice AGENDANO. 6.p. ATTACHMENTS: Ordinance APPROVEDBY: LJM RECOMMENDEDACTION: MotiontoadopttheTargeted Picketing ordinance toCityCodeTitle7 Chapter11. BACKGROUND Throughout 2020, Citystaffwereinvolved withassisting and/orresponding toavariety ofevents that aroseinresponse tothedeathofGeorge Floyd. Theseeventsencompassed awidespectrumthatspanned frompeacefulproteststoviolentanddestructive civilunrest; theseevents occurredbothwithintheCity limitsandthesurrounding metropolitan area. Staffcontinually strivestoupholdtheFederal andState rights ofallindividuals nomatter howchallenging ordifficult thesituations. Asaresult, stafffacilitated severalevents andgatherings inRosemount that providedopportunities forprotected freedoms ofspeechandexpression. Similarly, staffresponded to severalgatherings, incidents ofcivilunrest, andcomplaints from residents whowereinfearoftheirsafety evenwhenintheprivacyoftheirownhome. Asaresult, staffbelievestheTargetedPicketing Ordinance helps provideabalance betweenrightsoffree speech, safety, andprivacy. RECOMMENDATION Staffrecommends theCouncil approvetheadoption oftheTargetedPicketing Ordinance. CITY OFROSEMOUNT COUNTY OF DAKOTA STATE OFMINNESOTA ORDINANCE NO. ________ ANORDINANCE ADDING TITLE 7, CHAPTER 11, OFTHECITY CODE RELATING TOANDREGULATING TARGETED PICKETING INRESIDENTIAL NEIGHBORHOODS INTHE CITY OFROSEMOUNT THECITY COUNCIL OFTHE CITY OFROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Title7oftheRosemount City Code isamended byadding thefollowing new Chapter 11: Chapter 11 TARGETED PICKETING 7-11-1: Purpose 7-11-2: Definitions 7-11-3: Prohibited Activity 7-11-4: Violation/Penalty 7-11-1: PURPOSE: TheCityhas aninterest intheprotection ofresidential privacy, thewellbeing and tranquility of thehome, andprotecting citizens fromunwanted speech when theyareacaptive audience within their homes. TheCityCouncil finds that, without resorting totargeted residential picketing, ample opportunities existforthose otherwise engaged intargeted residential picketing toexercise constitutionally protected freedoms ofspeech andexpression. 7-11-2: DEFINITIONS: Forthepurpose ofthis Chapter, theterm “targeted residential picketing” means: 1. Marching, standing orpatrolling byoneormorepersons directed solely ataparticular residential building inamanner thatadversely affects thesafety, security, orprivacy ofanoccupant ofthebuilding; or 2. Marching, standing orpatrolling byoneormorepersons which prevents anoccupant ofaresidential building from gaining access toorexiting fromtheproperty onwhich theresidential building islocated; or 3. Standing, marching, patrolling orpicketing byoneormorepersons focused infrontof oradjacent toaparticular residential dwelling without theconsent ofthat dwelling’s occupant oroccupants. 1 7-11-3: PROHIBITED ACTIVITY: Noperson shallengage intargeted residential picketing within theCity. 7-11-4: VIOLATION/PENALTY: Every person convicted ofaviolation ofany provision ofthis Chapter shall beguilty ofa misdemeanor. 7-11-5: SEVERABILITY: Should anysection, clause orother provision ofthisChapter beheldtobeinvalid byanycourt of competent jurisdiction, suchdecision shallnot affect thevalidity oftheChapter asawhole, orof anypartthereof, other thanthepartheld tobeinvalid Section 2. Thisordinance shall beeffective following itspassage andpublication. Adopted this ___ dayof _______________, 2021, bytheCityCouncil oftheCity ofRosemount. William H. Droste, Mayor ATTEST: Erin Fasbender, CityClerk 2 EXECUTIVE SUMMARY CityCouncil Regular Meeting: January 19, 2020 AGENDAITEM: Public Hearing foraRequest byCNC Development IV, LLC, fortheVacation of AGENDASECTION: Public aDrainage andUtilityEasement over Hearing stOutlotB, Emerald Isle1 Addition. PREPAREDBY: Anthony Nemcek, Planner AGENDANO. 7.a. ATTACHMENTS: Resolution; Chronology ofActions and Correspondence; Memorandum forCity Attorney dated January 14, 2020; Site APPROVEDBY: LJMLocationMap; Easement Vacation stSketch (Emerald Isle1 Addition); Ponding Exhibit RECOMMENDED ACTION: Motiontoadopt aresolution approving the vacation ofa stportionoftheblanketdrainageandutilityeasementoverOutlotB, Emerald Isle1 Addition, subject toconditions. BACKGROUND TheCouncilisbeingaskedtoconsider arequestbyCNCDevelopment IVtovacateablanketdrainage standutilityeasementthatwasdedicatedoverallofOutlotBofEmeraldIsle1 Addition inorderto facilitatedevelopment ofthesecond phaseofEmerald Isle. Thistypeofrequestistypicalwhenthereisa multi-phaseddevelopment, andaspartoftheapproval, newdrainageandutilityeasements arededicated onthesubsequent platoverthefuturedevelopment areas. Inthiscase, thedeveloper isrequesting to vacatethedrainageandutilityeasementwithout dedicating anewblanket easement overOutlotsAandB, ndEmeraldIsle2 Addition. TheCitydoesnotnecessarily require blanketeasementsalthoughseveral developers usethemtopermitinstallation ofinfrastructure orgradingactivity intoportions oftheproject notpartofthefinalplat. Theapplicant’sattorney hasindicated thattheCitycannotrequirededication ofa blanket easement andthatareaslocatedinOutlots A & Bareforfuturedevelopment. Thisissuearosebecause Dakota County hadcontacted thedeveloper topurchase aneasement for pondingassociated withtheAkron Avenuesignalization project. Thisisajointproject withtheCityand thereiscostsharinginvolved inallpartsofthatproject. Thedeveloper wouldliketobecompensated for theponding easementanddoesnotbelievetheyshouldhavetodedicate theeasement totheCity. The majority oftheregional pondingislocated withinthepondarea proposedfortheEmeraldIsleproject. TheAreaoutsideoftheillustrated ponding, isanticipated tobepartoftheinfiltration basin, although final designsforthese ponding areashavenotbeencompleted. Theplattingprocess ishowtheCityusually acquires easements forinfrastructure suchasstormwater ponds, andthiscaseisnodifferent. Staffissupportiveofvacating aportionoftheblanket drainage andutilityeasementtoaccommodate the development ofthesecond phaseofEmerald Isle. However; thevacationisconditioned onremovalof theareas designated forlocalandregional on-siteponding, whichwillremainwithintheexisting drainage andutility easement. Legaldescriptions ofthoseareaswillbenecessary andaresubjecttostaffapproval. Thisrequirement isincluded inthe conditions ofapproval contained intheattached resolution. Additionally, theapplicant hasrequestedtheCityinstalltheentirety ofthetrunkstormsewer, tothe ndeasternborderofthesite. Muchofthisareaisoutsideofthedeveloping 2 Addition areaandapublic drainage andutility easement willalsoneedtobemaintained. Therefore, theeasementareaneededforthe stormsewerinfrastructure shouldalsobeexcludedfromthevacation requestwithappropriate descriptions created. TheCityAttorneyhasdraftedamemorandum responding tothecommentscontainedwithintheattached letterfromtheApplicant’sattorney datedJanuary12, 2021. ItistheCityAttorney’sopinionthatthe vacation oftheblanketareaaddresses CNC’sconcerns thattheeasement createda “cloudontitle”. Further, “theCity’s (andCounty’s) anticipated usesofthepreserved dedicated areasarenotonly consistent withthepurposeandscopeofadrainage andutilityeasement, butaretiedtothestormwater drainageandpondingneeds within theapproved MasterDevelopment Planarea, andarethuswithinthe City’sstatutoryauthoritytorequirededication ofsuchareas.” Finally, theCityAttorney isoftheopinionthattheDeveloper’sobjectionthattheplatcondition for preserving thededication ofthedrainageandutility easementforponding purposes ispremature, appears inconsistent withtheDeveloper’srequestforextensionofthestormsewertoaccommodate future development needs. TheCityAttorney’smostrecentmemorandum isincluded intheattachments along withachronology ofEmeraldIsleapprovals andcorrespondence relating tothisissue. Thesame information isalsoprovided inthefinalplatrequest. RECOMMENDATION Staffissupportiveofvacatingaportionoftheblanketdrainage andutilityeasement overOutlotsAandB, stEmeraldIsle1 Additiontoaccommodate development ofthesecondphaseofEmerald Isle. Becausethe applicant hasindicatedtheydonotwanttodedicateaneweasement overanyofthestormwater ponding areaswithinOutlots A & B, staffisrecommending approval ofthevacation requestsubject tothe condition thattheareasneededforonsiteandregional pondingaswellastheextension ofthestorm sewer beexcluded fromthevacatedarea. Staffwillobtainupdatedlegaldescriptions forthoseareastobe excluded fromthevacationpriortoreleaseoftheresolution. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2021- 09 A RESOLUTION APPROVING THE VACATION OF A PORTION OF THE BLANKET DRAINAGE AND UTILITY EASEMENT OVER OUTLOT B, EMERALD ISLE 1st ADDITION WHEREAS, the City of Rosemount received an application from CNC Development IV, LLC, 3000 County Road 42 West, Burnsville, MN (Applicant) for the Final Plat of Emerald Isle 2nd Addition; and WHEREAS, on January 19, 2021, the City of Rosemount City Council reviewed and approved the Final Plat for Emerald Isle 2nd Addition; and WHEREAS, a blanket drainage and utility easement was dedicated to the City over all of Outlot B in the plat of Emerald Isle 1st Addition, which was filed and is of record with the County; and WHEREAS, the entirety of Outlot B of Emerald Isle 1st Addition is being replatted as part of Emerald Isle 2nd Addition; and WHEREAS, the Applicant subsequently requested that the City vacate the entirety of the blanket drainage and utility easement over Outlot B, Emerald Isle 1st Addition in order to facilitate development of the second addition of Emerald Isle; and WHEREAS, the City has determined that vacation of a portion of the existing blanket drainage and utility easement over Outlot B is reasonable and in the public interest; and WHEREAS, the City required the vacation of a portion of the existing blanket drainage and utility easement over Outlot B as a condition of its approval of the Emerald Isle 2nd Addition plat; and WHEREAS, the City Council conducted a public hearing on the vacation on January 19, 2021. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the vacation of a portion of the blanket drainage and utility easement over Outlot B, Emerald Isle 1st Addition, subject to the following: 1.The areas over Outlot B needed by the City for onsite and regional stormwater ponding and for the extension of the storm sewer to the eastern boundary of Outlot B shall be excluded from the area of the easement that is being vacated and shall be preserved as part of the existing drainage and utility easement. 2.City staff is authorized and directed to obtain an updated legal description for the vacated area of Outlot B. City staff is also authorized and directed to obtain an updated legal description for the areas of the easement over Outlot B that are being preserved for onsite and regional stormwater ponding and the extension of the storm sewer to the eastern boundary of Outlot B. City staff is authorized to work with the City Attorney to effectuate the vacation, including, but not limited to, attaching the applicable legal descriptions of the vacated area and the areas being preserved to this Resolution. ADOPTED this 19th day of January 2021, by the City Council of the City of Rosemount. RESOLUTION 2010 - 2 William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk Chronology of Approvals and Correspondence, Including Meeting Minutes February 26, 2020 The Rosemount Planning Commission reviews and recommends approval of the Planned Unit Development Master Development Plan with Rezoning, Preliminary Plat, and Comprehensive Plan Amendment for Emerald Isle May 19, 2020 The City Council approves the Planned Unit Development Master Development Plan with Rezoning, Preliminary Plat, and Comprehensive Plan Amendment for Emerald Isle. August 25, 2020 The Rosemount Planning Commission reviews and finds the final plat for Emerald Isle 1st Addition consistent with the preliminary plat and recommends approval. September 15, 2020 Th City Council approves the final plat of Emerald Isle 1st Addition including the dedication of a blanket drainage and utility easement over Outlot B. September 30, 2020 Applicant’s attorney sends letter to the City and County objecting to the blanket drainage and utility easement over Outlot B, Emerald Isle 1st Addition. October 6, 2020 Applicant records plat of Emerald Isle 1st Addition dedicating a blanket drainage and utility easement over Outlot B, Emerald Isle 1st Addition. November 13, 2020 Applications are submitted for the final plat of Emerald Isle 2nd Addition and vacation of the blanket drainage and utility easement. December 11, 2020 Applicant’s attorney sends letter to the City objecting to the blanket drainage and utility easement over Outlot B. December 14, 2020 Rosemount Planning Commission finds the final plat for Emerald Isle 2nd Addition consistent with the preliminary plat and recommends approval. January 12, 2020 Applicant and applicant’s attorney send letters to the City objecting to the blanket drainage and utility easement over Outlot B, Emerald Isle 1st Addition. January 14, 2020 Memorandum from City Attorney in response to letter from applicant’s attorney. EXCERPT FROM FEBRUARY 26, 2020 PLANNING COMMISSION MEETING MINUTES 5.b. Request by CNC Development IV, LLC., for Planned Unit Development Master Development Plan with Rezoning, Preliminary Plat, and Comprehensive Guide Plan Amendment Approval to develop 151 single-family lots. 20-09-PUD, 20-10-PP, 20-11-RZ, 20-12-CP)) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Kenninger inquired about the proposed land use change map and if Flint Hills has first right of refusal adjacent to the subject property. Nemcek stated that is correct. Kenninger stated that the left over commercial, east of the site, would be effectively abandoned. Schmisek stated that he has a concern about losing any commercial property but thought that little piece would be cut off. Another concern is that of the additional traffic on Connemara Trail. Schmisek inquired if there are any talks about changing the intersection at Connemara and Akron, such as a round-about or a signal light. Lindquist stated signal lights will be installed at Akron and County Road 42 but none are proposed at Connemara. Reed inquired about the flow of the sidewalks on Connemara Trail. Engineer Smith stated that the trail and sidewalk along Connemara Trail will be extended into this subdivision and that Dakota County will be installing an underpass under County Highway 42 so that pedestrians will have a safer place to cross the highway in this area. The public hearing opened at 6:58 pm. Public Comments: Kenninger inquired how the new single-family home owners will be notified that an apartment building is also planned to be built near their new homes. Rick Osberg, Engineer, James R. Hill, Inc., stated that they have been working with staff to get to today’s plan. The property owners do not have an interested party to build the apartment currently. Besides the fact that the property is guided for high density there isn’t much information to give to a potential buyer. Rivera questioned if the stub road would be a future through road. Nemcek stated that is correct. MOTION by Rivera to close the public hearing. Second by Schmisek. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 7:03 pm. Additional Comments: Kenninger stated that her biggest concern was with changing the zoning of this area. But also agrees that this is a great use of the land. She would like to ensure that the 151 new homeowners are aware that there will be a future apartment building on the property next to this site. She requested that be added as a condition of approval. Reed stated that since having the trail system continue through Connemara Trail he is in favor. Schmisek inquired if there will be access from the development to Connemara Trail. Nemcek stated that from the commercial there will be one access point onto Connemara Trail. MOTION by Freeman to recommend that the City Council approve a Comprehensive Guide Plan amendment to reguide 20 acres of the development site from MDR-Medium Density Residential to LDR-Low Density Residential and the southeast 10 acres of the site from CC-Community Commercial to HDR-High Density Residential. Second by Reed. Ayes: 5. Nays: 0. Motion Passes. MOTION by Schmisek to recommend the City Council approve the Preliminary Plat for Emerald Isle, subject to the following conditions: a. Approval of a Planned Unit Development Master Development Plan with Rezoning. b. Approval of a Comprehensive Plan Amendment reguiding the site to LDR and HDR. c. Conformance with all the requirements of the City Engineer as detailed in the attached memorandum dated February 26, 2020. d. Payment of $513,400 as cash-in-lieu of park dedication. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. MOTION by Rivera to recommend approval of the Planned Unit Development Master Development Plan with rezoning of the property for AG-Agriculture to R1 PUD-Low Density Residential Planned Unit Development and R4 PUD-High Density Residential Planned Unit Development, subject to the following conditions: a. Execution of a PUD Agreement. b. Approval of a Comprehensive Plan Amendment reguiding the site to LDR and HDR. c. The front building elevation design shall include one of the following elements: i. Three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall behind the front porch; ii. A front porch with railing that extends at least 30% of the width of the front elevation, including the garage; iii. A side entry garage; iv. Or, no more than 70% lap siding, excluding doors and windows. d. A deviation from City Code Section 11-4-5 F.1. to reduce the interior lot minimum area of 10,000 to 8,125 square feet and corner lot minimum area from 12,000 to 10,625 square feet. e. A deviation from City Code Section 11-4-5 F.2. to reduce the minimum lot width from eighty (80) feet to sixty-five (65) feet for interior lots and from ninety (90) feet to eighty-five (85) feet for corner lots. f. A deviation from City Code Section 11-4-5 F.5. to reduce the side yard setback from ten (10) feet to seven and one half (7.5) feet except in areas where existence of larger drainage and utility easements require additional setbacks. g. A deviation from City Code Section 11-4-5 F.6. to reduce the rear yard setback thirty (30) feet to twenty-five (25) feet. h. A deviation from City Code Section 11-4-5 F.9. to increase the maximum lot coverage from thirty percent (30%) to thirty-five percent (35%) lots more than 9,750 square feet in area. i. Incorporation of the recommendations from the City Engineer in a review memorandum dated February 26, 2020, relative to drainage, grading, street design, easements, utilities, and the adjacent sidewalks. j. A temporary cul-de-sac shall be constructed at the stub of Street D. k. Subdivision monuments shall be subject to sign permits and normal zoning standards. l. The applicant shall receive approval from the Metropolitan Council for any connection to the Met Council sanitary interceptor line. m. Payment of a landscape surety in the amount of $97,020. n. The applicant must receive final site and building plan approval for the R-4 High Density residential portion of the project. o. The developer post a sign on the multi-family site indicating that the property is a future apartment building site. Second by Schmisek. Ayes: 5. Nays: 0. Motion Passes. EXCERPT FROM THE AUGUST 25, 2020, PLANNING COMMISSION MEETING MINUTES Consent Agenda: a. Approval of the July 28, 2020, Regular Meeting Minutes. b. Continuance of the Request by KJ Walk, Inc. for Comprehensive Plan Amendment, Rezoning, Planned Unit Development and Final Site and Building Plan, and Preliminary and Final Plat Approval (Simple Plat) associated with the Rosewood Commons hotel and senior living mixed use. (20-30-PUD, 20-35-SP, 20-36-RZ, 20-37-CP) c. Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 1st Addition. (20-40-FP) No items were pulled for discussion. Chair Kenninger confirmed that any public comment received on the KJ Walk project at the prior meeting would be included in the packet for the subsequent meeting. MOTION by VanderWiel Second by Schmisek Ayes: 7. Nays: 0. September 30, 2020 Greta L. Bjerkness Assistant County Attorney Dakota County Judicial Center 1560 Highway 55 Hastings, Minnesota 55033 Kim Lindquist Community Development Director City of Rosemount 2875 145th Street West Rosemount, MN 55068 VIA EMAIL greta.bjerkness@co.dakota.mn.us kim.lindquist@ci.rosemount.mn.us Re: Emerald Isle 1st Addition Dear Ms. Bjerkness and Ms. Lindquist: We represent CNC Development IV, LLC (“CNC”) with regard to the first addition plat of Emerald Isle. Specifically, we are writing to object to the City of Rosemount’s (“City”) unlawful imposition of a blanket drainage and utility easement (“DUE”) over Outlot B of that plat. We further object to Dakota County’s (“County”) purported intention to site a stormwater facility on a portion of Outlot B as part of Dakota County Project 42-156 without the express written consent of the landowner and payment of fair market value for the encumbered property. Taken together, absent consent and compensation to the landowner, we believe the actions of the City and County constitute an unlawful taking of land without just compensation. We understand the City required that CNC include a blanket DUE over Outlot B with the final plat for Emerald Isle 1st Addition. We are unaware of any legal justification for the City’s requirement, inasmuch as the City characterizes this action as a placeholder pending further platting involving such outlot. Moreover, to my knowledge, no use of an outlot is permitted under City regulations until such time as it is platted and permitted for an authorized use. No application has been filed by CNC to replat Outlot B. Therefore, the required DUE is, in our opinion, unauthorized and an unnecessary cloud on title. Separately, we understand that the County, on approximately July 14, 2020, proposed in writing to purchase for $55,000 temporary and permanent easements from the then owners of what is now referred to as Emerald Isle, for the construction of the referenced stormwater facility. The ownership of the property has since been conveyed to CNC on approximately September 8, Greta L. Bjerkness Kim Lindquist September 24, 2020 Page 2 2020. Thus, CNC stands in the shoes of the former landowners to whom the County’s written offer was made. Subsequently, the County, by letter dated September 22, 2020, withdrew its written offer, stating its intention to pursue the necessary easements through “the platting process.” We understand this to mean that the City and/or the County intend to compel the conveyance of the required stormwater easements as a condition of plat approval relating to Outlot B. On behalf of the owners of Emerald Isle, we respectfully demand that neither the City nor the County take any action to site a stormwater facility on CNC’s property without prior agreement of CNC and payment of fair market value. If you wish to discuss this letter, please do not hesitate to call me. Sincerely, Peter J. Coyle, for Larkin Hoffman Direct Dial: (952) 896-3214 Direct Fax: (952) 841-1704 Email: pcoyle@larkinhoffman.com cc: Mary Tietjen, Esq. 4843-0462-4077, v. 1 December 11, 2020 Kim Lindquist Community Development Director City of Rosemount 2875 145th Street West Rosemount, MN 55068 Mary D. Tietjen, Esq. Kennedy & Graven, Chartered Fifth Street Tower 150 South Fifth Street, Ste. 799 Minneapolis, MN 55402 BY EMAIL Re: Emerald Isle 2nd Addition Dear Ms. Lindquist and Ms. Tietjen: We represent CNC Development IV, LLC with respect to its Emerald Isle development in the City of Rosemount (the “City”). Previously, we wrote to the City and Dakota County with regard to the City’s unlawful imposition of a blanket easement condition on the plat of Emerald Isle 1st Addition, Outlot B. At the time, CNC Development objected to the City’s demand for the easement, which has the effect of clouding title to any future sale or use of the property without affirmative City action to remove the easement. As a consequence of the City demand, Dakota County withdrew a then-pending offer to purchase land within the area encompassed by Outlot B for use as a future stormwater pond, stating that the City’s imposition of an easement over the outlot negated the need to purchase it from CNC. The action of the City, in tandem with Dakota County, effects a taking without payment of just compensation to CNC Development. CNC Development has now submitted its application for Emerald Isle 2nd Addition, which proposes to remove the unlawful easement over a reconfigured Outlot B. At the City’s request, Outlot B was sized to allow a multi-family project to be pursued at some future point in time. We understand the City is again insisting that Outlot B be encumbered with a new blanket easement notwithstanding no use of Outlot B is currently planned for it. We restate our objection to this proposed condition of platting. Minnesota law provides specific authority for the City to review and approve proposed plats to address specific uses and requirements associated with active development. Minnesota law does not allow the City to unilaterally impose easement conditions on property that is not being reviewed for an active use. We understand City staff has confirmed it has no requirement in its Kim Lindquist Mary D. Tietjen, Esq. December 11, 2020 Page 2 subdivision ordinance to support its easement condition, even if state law were to allow it. Rather staff asserts it is City policy to make this demand over property which the County has conveniently identified for use as a pond. The City’s and County’s coordinated effort to take valuable property without payment of just compensation is improper and should be rejected when the plat application for Emerald Isle 2nd Addition advances through the City approval process. Please include this letter in the record of proceedings relating to Emerald Isle. If you have questions, please feel free to call me directly. Sincerely, Peter J. Coyle, for Larkin Hoffman Direct Dial: (952) 896-3214 Direct Fax: (952) 841-1704 Email: pcoyle@larkinhoffman.com cc: CNC Development IV, LLC Rosemount Mayor and City Council 4836-6369-2500, v. 1 EXCERPT FROM THE DECEMBER 14, 2020 PLANNING COMMISSION MEETING MINUTES 6.a. Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 2nd Addition (20-59-FP) Planner Nemcek gave a summary of the staff report for the Planning Commission. Rick Osberg, James R. Hill Inc., 2999 County Road 42 West, Burnsville, stated that they contest the southern drainage and utility easement being requested along Akron Avenue. He indicated this is not needed for the 2nd Addition currently before the City. Bill Ryan, CNC Development, stated that Dakota County had offered him money when they needed the additional ponding and now, they’ve changed their mind. Mr. Ryan stated that he would like to be fairly compensated. Staff indicated that obtaining the ponding easement is similar to obtaining other easements necessary for regional development like obtaining easements for Autumn Path. The issue raised by the applicant has been discussed with the City Attorney who is comfortable with the city’s request. The item will be addressed when the application and requested vacation go before the City Council; however, staff wanted to allow the applicant an opportunity to get their concerns on record. MOTION by Reed to recommend that the City Council approve the Final Plat for Emerald Isle subject to the following conditions: 1. Execution of a Subdivision Agreement. 2. Drainage and utility easements with storm sewer infrastructure may contain fences but shall be required to include gates to provide truck access; shall prohibit sheds or other accessory structures; and shall prohibit landscaping that would impede drainage. 3. The final plat shall include all easements as requested by City. 4. Provision of $39,270 for landscaping surety. 5. Payment of $193,800 for Fee-In-Lieu of Park Dedication. 6. Compliance with the conditions and standards within the City Engineer’s Memorandum dated December 7, 2020. 7. A drainage and utility easement shall be dedicated over all required regional and site ponding areas, including the southern area of Outlot B and the pond south of Connemara Trail. 8. Final approval of the Comprehensive Plan Amendment by the Metropolitan Council. Second by Marlow. Ayes: 6. Nays: 0. Motion Passes. January 12, 2021 Kim Lindquist Community Development Director City of Rosemount 2875 145th Street West Rosemount, MN 55068 Mary D. Tietjen Kennedy & Graven, Chartered Fifth Street Tower 150 South Fifth Street, Ste. 799 Minneapolis, MN 55402 Greta Bjerkness Assistant Dakota County Attorney 1560 Highway 55 Hastings, MN 55033 BY EMAIL Re: Emerald Isle 2nd Addition Dear Ms. Lindquist, Ms. Tietjen and Ms. Bjerkness: We represent CNC Development IV, LLC with respect to its Emerald Isle development in the City of Rosemount (the “City”). We previously wrote to the City and Dakota County with regard to the City’s and County’s unlawful imposition of a blanket easement on the final plat of Emerald Isle 1st Addition, Outlot B. The action of the City, in tandem with Dakota County, effects a taking without payment of just compensation to CNC Development. CNC Development has now submitted its application for Emerald Isle 2nd Addition, which proposes to remove the unlawful easement over a reconfigured Outlot B. We understand the City and County are, again, insisting that Outlot B be encumbered with a new storm water ponding easement notwithstanding no use of Outlot B is currently planned for it as part of the pending 2nd Addition plat. We restate our objection to this proposed condition of platting. The City’s and County’s coordinated effort to take valuable property from CNC Development without payment of just compensation is improper and should be rejected when the plat application for Emerald Isle 2nd Addition advances through the City approval process. Instead, we request the City and County support the approval of the 2nd Addition without any public easement condition on Outlot B. Kim Lindquist Mary D. Tietjen, Esq. Greta Bjerkness, Esq. January 12, 2021 Page 2 Please include this letter in the record of proceedings relating to Emerald Isle. If you have questions, please feel free to call me directly. Sincerely, Peter J. Coyle, for Larkin Hoffman Direct Dial: (952) 896-3214 Direct Fax: (952) 841-1704 Email: pcoyle@larkinhoffman.com cc: CNC Development IV, LLC Rosemount Mayor and City Council 4836-6369-2500, v. 3 Kennedy Mary D. Tietjen 150 South Fifth Street, Suite 700 Minneapolis MN 55402 Graven ( 612) 337-9277 telephone 612) 337-9310 fax mtietjen@kennedy-graven.com http://www.kennedy-graven.com C H A R T E R E D MEMORANDUM To: Rosemount Mayor and City Council From: Mary Tietjen, city attorney Re: Emerald Isle 2nd Addition Date: January 14, 2021 I have reviewed the letters submitted by Peter Coyle, attorney for CNC Development IV, LLC, objecting to certain conditions of the final plat approval for Emerald Isle 2nd Addition. Mr. Coyle also sent a letter dated September 30, 2020, to staff and myself objecting to the dedication of the blanket drainage and utility easement over Outlot B of the Emerald Isle 1st Addition plat. These objections were presented, notwithstanding the fact that the plat has since been filed with the County and the easement is currently in place. As is clear from the agenda for the meeting on January 19th, 2021, City staff is recommending the Council grant CNC’s request to vacate the blanket easement, but preserve those areas that will be needed for all (project and regional) stormwater ponding purposes within the approved Master Development Plan area. Vacation of the blanket area addresses CNC’s concerns that the easement created a “cloud on title”. The City’s (and County’s) anticipated uses of the preserved dedicated areas are not only consistent with the purpose and scope of a drainage and utility easement, but are tied to the stormwater drainage and ponding needs within the approved Master Development Plan area, and are thus within the City’s statutory authority to require dedication of such areas. In addition, it is expected that the Developer will be utilizing the proposed dedicated drainage and utility easement for an infiltration pond as part of future phases of development. The Developer’s objection that the plat condition for preserving the dedication of the drainage and utility easement for ponding purposes is premature, appears inconsistent with the Developer’s request for extension of the storm sewer to accommodate future development needs. All those drainage and utility easements, originally dedicated on the recorded plat of EMERLAD ISLE, Dakota County, Minnesota, and now to be vacated, which lie within Outlot B, said plat. EASEMENT VACATION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Minnesota. Signed this 17th day of November, 2020 For: James R. Hill, Inc. By: Marcus F. Hampton, Land Surveyor, MN License No. 47481 SKETCH & DESCRIPTION FOR: CNC DEVELOPMENT 2999 WEST C.R. 42, SUITE 100, BURNSVILLE, MN 55306 PHONE: 952.890.6044 www.jrhinc.com PLANNERS / ENGINEERS / SURVEYORSDRAWN EASEMENT VACATION SKETCH & DESCRIPTION FOR: CNC DEVELOPMENT Page 2 of 2 James R. Hill, Inc. Scale: 1"=300' EXECUTIVESUMMARY CityCouncil Regular Meeting January 19, 2021 AGENDAITEM: ReportonAnnualEvaluation ofCity AGENDASECTION: Unfinished BusinessAdministrator PREPAREDBY: Logan Martin, CityAdministrator AGENDANO. 8.a. ATTACHMENTS: None. APPROVEDBY: LJM RECOMMENDEDACTION: Discussresultsoftheannual evaluation oftheCityAdministrator and providereportontheClosedMeeting ofJanuary 5, 2021 BACKGROUND Inaccordance with thetermsoftheemployment contract with CityAdministrator Martin, theCity Council conducted aperformance evaluation duringaclosedmeetingheldonJanuary 5, 2021. Asrequired byStateStatute 13D.05Subd.3, theCityCouncilmustsummarize theconclusions ofitsevaluationatthe nextopen meeting. Emmy Foster, Assistant CityAdministrator, provided eachCouncilmember withadigitalsurveyto numerically assesstheCity Administrator’sperformance in7categories, alongwithareviewofprogress on key6to12monthpriorities. Asummary tableofthe7categories discussed isbelow: WorkArea Weighted Avg. (scaleof1to5) Organizational Management 4.1 Fiscal / Business Management 3.8 Relationship withtheCity Council 4 LongRangePlanning 3.2 Relationship withPublic 4.1 Intergovernmental Relations 3.6 Professional & Personal Development 4.2 TheCityCouncil andCityAdministrator discussed areas ofstrength andqualityperformance demonstrated inthelastyearofemployment, andreviewed opportunities forcontinued growth. Overall, theCityCouncil’scomments andevaluations indicated thattheCityAdministrator ismeeting orexceeding theirexpectations. thAdditionaldiscussionorsummarycommentsfromtheCouncilcanbeprovidedattheJanuary19 meeting. RECOMMENDATION StaffrequeststheCityCouncilprovideasummaryoftheannual evaluation oftheCityAdministrator, as required byMinn. Statute13D.05Subd. 3. EXECUTIVE SUMMARY CityCouncil Regular Meeting: January 19, 2021 AGENDAITEM: Request byCNCDevelopment IV, LLC, AGENDASECTION: NewndforFinalPlatApprovalofEmeraldIsle2BusinessAddition PREPAREDBY: Anthony Nemcek, Planner AGENDANO. 9.a. ATTACHMENTS: Resolution; Subdivision Agreement; Chronology ofActions and Correspondence; Memorandum from City Attorney datedJanuary 14, 2020; Location Map; FinalPlat; Preliminary Plat APPROVEDBY: LJMArea; Landscape Plan; Ponding Easement Exhibit; Parks andRecreation Memo dated February 18, 2020; Engineer Review MemodatedDecember 7, 2020, RECOMMENDED ACTION: nd1. MotiontoAdoptaResolution Approving theFinal PlatforEmerald Isle2 Addition, subject toconditions. nd2. MotiontoApprove theSubdivision Agreement forEmerald Isle2 Addition and authorize the Mayor andCityClerk toenter intotheagreement. SUMMARY TheCityCouncil isbeingaskedtoconsiderarequestfromCNC Development IV, LLC, forapproval ofa ndFinalPlatforEmeraldIsle2 Addition toallow development of57singlefamilylots. Thisplatrepresents thesecondproject phaseofamulti-phasepreliminary platapproved bytheCityinMayof2020. Thefinal platforthefirstphaseofdevelopment wasapprovedbytheCityCouncil atitsmeetingonSeptember 15 ofthisyear. Thefinalplatisnecessary tofacilitatesubdivision ofthesubjectpropertyintoindividual residential lots, outlots, andpublicstreets. ThePlanning Commission andstafffindtheapplication consistent withtheEmerald IslePreliminary Platand recommends approval oftheapplication subject to theconditions detailedintheattachedresolution. Applicant: CNCDevelopment IV, LLC. PlatAcres: 48.68 MetCouncilNetAcres: 48.68 Residential LotsCreated: 151preliminary lots, 57finalplattedlots GrossDensity: 2.16Units/Acre (singlefamily151/70.07acres) NetDensity: 2.16Units/Acre Comprehensive PlanGuiding: LDR-LowDensityResidential, Current Zoning: R1PUD-LowDensityResidential Planned UnitDevelopment Surrounding LandUses North: LowDensityResidential East: Agriculture South: Public/Institutional West: Medium Density Residential PLANNINGCOMMISSIONACTION ThePlanningCommission reviewed thisrequestatitsmeetingonDecember 14, 2020. Normally, final platsarereviewedandapprovedaspartoftheconsentagenda. Because therehasbeenanunresolved issue relatedtotherequired pondingeasement alongCountyRoad42, staffwantedtogive theapplicantan opportunity tosharetheirconcerns withthePlanning Commission. Thisissueisdescribed inmoredetail furtherintheeasement vacation staffreportalsoontheagenda. ThePlanning Commission voted unanimously torecommend approval oftheFinalPlat. BACKGROUND InMay2020, theCityCouncil approvedapreliminary plat, PlannedUnitDevelopment (PUD) master development planwith rezoning, andreguiding ofaportionofthesitetopermit construction of151 singlefamilylotswithamulti-familyproject tobeapproved inthefuture alongthesouthern border. The currentfinalplatisthesecondphaseoftheproject. Theplatwillcreateaconnectionwiththeextension ofConnemara Trailinthesouthwestcorner ofthesite. Anamendment totheCity’scomprehensive planwasapproved byCouncil concurrently withthePlanned UnitDevelopment MasterDevelopment PlanforEmeraldIsleinMay. Staffhasverifiedthatthe Metropolitan Council approved theComprehensive Planamendment onJanuary13, 2021. The ndAmendmentaddressesthesouthernportionofthe2 Addition andthelandslatedforafutureapartment ndbuilding. Adrainage andutility easement hasbeendedicated overtheentireEmerald Isle2 Addition plat stareawhenEmeraldIsle1 Addition wasfiled. Council isbeing askedtovacatethateasementelsewhere ontheagenda. However, staffisrecommending maintaining aportionofthepreviously recorded easement thatwould belocatedoverfuture ponding areasandovertherequested trunkstormsewer extension. Asketchoftheregional ponding easement isincluded withtheattachments aswellasan overallsiteplanthatincludestheconcept fortheapartment buildinginOutlotB. ISSUEANALYSIS LegalAuthority. Thisapplication isaQuasi-Judicial action. Thefinalplatapplication isQuasi-Judicial because theCity hasasetofstandards andrequirements forreviewing thistypeofapplication thatis described indetailbelow. Generally, ifthefinalplatmeetstheordinancerequirements andisconsistent withthepreliminary plat, itmustbeapproved. LandUseandZoning. Theproposed 57-lotsinglefamilyfinalplatisconsistent with thecurrent land useandzoning classifications. Thesubjectproperty isguided LDR – LowDensityResidential andzoned R-1PUD, LowDensityResidential PlannedUnitDevelopment. Asaresult, theproperty issubjecttoall thestandards oftheR-1, LowDensityResidential zoningdistrictsaswellasthestandards fordetached singlefamily unitscontained intheapprovedPUD. Whilethisdevelopment issubjecttoallofthe conditionsanddevelopment standardscontained inthe PUD, themostnotabledeviations fromthe requirements oftheLowDensity Residential zoning districts areprovided below. Alltheseitemswere anticipated inthepreliminary platapproval andwerepartoftheinitialPUDapproval. 1. Section 11-4-5F. 1. R-1Minimum LotArea: Theminimum lotarea shallbe8,125squarefeet forinteriorlotsandcorner lotminimumof10,625squarefeet. 2 2. Section 11-4-5F. 2. R-1Minimum LotWidth: Theminimum lotwidthshallbe65feetfor interior lotsand85forcornerlots. 3. Section 11-4-5F. 5. R-1Minimum SideYard Setback: Theminimumsideyardsetbackshallbe 7.5feet. 4. Section 11-4-5F. 6. R-1Minimum RearYardSetback: Theminimumrearyardsetbackshallbe 25feet. 5. Section 11-4-5F. 9. R-1Maximum LotCoverage: Themaximum lotcoverageshallbe30% for lotsover10,000sfand40% forlotsunder 10,000. FinalPlat. Standardsforreviewingsubdivision requests aredetailedinTitle12oftheRosemount City Code. ThesectionoftheCodeoutlinesthetwo-stepPreliminary andFinalPlatprocessforland subdivision. Inthiscase, thepreliminary platwasapproved inMay2020consistingof151singlefamily lotsandvariousoutlots. Stafffindsthatthefinalplatisconsistentwiththepreliminary platandmeets the requirements ofthezoning ordinance. Streets & Access. Thesoleaccesstothefirst phaseofdevelopment camefromAddison Avenue inthe ndnorthwestcornerofthedevelopmentarea. Lotswithinthe2 Addition willbeaccessed byaneastern ndextensionof142 StEthatendsinacul-de-sac. Onthewestern sideoftheplat, AspenAvenuewillbe extended southwhereitwillconnecttoashortextension ofConnemara Trailproviding asecond access intothisphaseofdevelopment. Asdevelopment continues withinEmeraldIsle, Connemara willbe extended totheeastern development boundarytoprovide additional accessintothedevelopment andalso tothefutureapartment buildingsite. Utilities. Sanitarysewerisavailable tothesiteviatheexistingMetropolitan Councilinterceptor which currently traverses thesite. Thedeveloper received apermitfromtheMetropolitan Counciltoconnect the sanitarysewerdirectlyintotheline. Theelevationofthesewermustbedeepenough toalsoservethe property totheeast, shoulditdevelop inthefuture. Waterservice willbeextendedfrom theadjoining developed property. Theapplicant isrequesting extensionofthestormsewerlinewhich willbeplaced underConnemara Trail. Thelineispartofthetrunksystem andverydeep. Thedeveloper wouldliketo havethesewerinstalledwithintheentiresitenowratherthanpiecemeal sograding ofthesitewillnotbe impactedbythesewerinstallation. Development feesasdetailed intheEngineer’sMemodatedDecember 7, 2020, areduewiththefinalplatandsubdivision agreement. Landscaping Thelandscaping planprovidedshowsonetreeonthefrontyardofeachinteriorlotand twotreesoneachcornerlotasrequiredbytheCityCode. Additional landscaping isshowninthearea nearthestormwater pondinthenorthernportion oftheplat areaaswellasalongtheshortextension of Connemara Trail. Thelandscaping planforthisphaseofdevelopment isconsistent withtheoverall landscape planapproved withthePlanned UnitDevelopment Agreement. Theapplicant isrequired to submitaletterofcreditof $39,270toensureindividual lotlandscaping aswellasthelandscaping located inthecommonareas. StormWaterManagement. Thedeveloper willbemanagingthestormwater onsitewiththeuseof retention andinfiltration basins. Sinceapproval ofthepreliminary plat, theCityandDakotaCountyhave beentalkingtotheapplicantaboutexpansion ofthesouthernpondinOutlotBtopermitregional pondingassociatedwiththeAkronAvenue signalization improvement project. Adrainage andutility steasementovertheentiretyofOutlotBwasdedicatedwithEmeraldIsle1 Addition. Theapplicantwould liketovacatethatblanket drainageandutility easement. Because pondingisneeded intwoareas, southof Connemara Trailandsouthofthepipeline easement, staffisrecommending acondition oftheapproval of theeasementvacation requestbethatupdatedlegaldescriptions beprovidedforthose ponding areasand thatthedrainageandutilityeasementthatalreadyexistsberetained overthosetwoponding areas. The 3 applicant’sattorneyhassentaletterrequesting theCitynotrequirededication ofablanket easement over OutlotB. Hehasaskedthattheletterbeincludedinthepacket. Asmentioned above, theconditionsof approvalwouldineffectrequirespecificeasementdedication, withinthepurviewoftheCity. Thisissueis discussedinmore detailinthestaffreport related totheeasement vacationrequestthatisalsoonthe agenda forthismeeting. ParksandOpenSpace. TheRosemount Parks andRecreation Department reviewed theplansfor EmeraldIsleandisrecommending cashin-lieuoflandtomeettheparkdedication requirement forthe proposed development. Therequirement for57singlefamily unitsis $193,800 (57x $3,400). TheParks andRecreation department isalsorecommended atrailalongCountyRoad 42withthetrailaccess provided withdevelopment ofthesouthernapartments. Coordination shouldoccur withconnections to theVermillion Highlands Greenway aswellasthetrailcrossing justwestofthedevelopment areawithin theoldCityHall site. Sidewalks Sidewalks areprovided throughout thedevelopment onatleastonesideofallstreets, whichisconsistent withCitypolicy. Asidewalk isshownonthenorthsideofConnemara Trailandabituminous trailwillbe constructed alongthesouthside. Thisisconsistent withthepedestrian facilities elsewhere along Connemara inthisvicinity. Sidewalkconnections areprovidedtotheadjacentneighborhoods. CONCLUSION & RECOMMENDATION ThePlanningCommission andstaffrecommend approval oftheFinalPlatforEmerald Islecreating 57 singlefamilylots, subjecttoconditions. Thisrecommendation isbasedontheinformation submitted by theapplicant, findingsmadeinthisreport, andtheconditions detailed intheattachedmemorandums. 4 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2021-10 A RESOLUTION APPROVING THE FINAL PLAT FOR EMERALD ISLE 2nd ADDITION WHEREAS, CNC Development IV, LLC. (Applicant) has submitted an application to the City of Rosemount for a Final Plat concerning property legally described as follows: Outlot B, EMERALD ISLE, according to the recorded plat thereof, Dakota County, Minnesota. WHEREAS, on December 14th, 2020, the Planning Commission of the City of Rosemount reviewed the Final Plat for Emerald Isle 2nd Addition; and WHEREAS, on December 14th, 2020, the Planning Commission recommended approval of the Final Plat for Emerald Isle 2nd Addition, subject to conditions; and WHEREAS, on January 19th, 2021, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendation and the Final Plat for Emerald Isle 2nd Addition. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Final Plat for Emerald Isle 2nd Addition, subject to the following conditions: 1.Execution of a Subdivision Agreement. 2.Drainage and utility easements with storm sewer infrastructure may contain fences but shall be required to include gates to provide truck access. Drainage and utility easements shall also prohibit sheds or other accessory structures and landscaping that would impede drainage. 3.Vacation of a portion of the blanket drainage and utility easement dedicated to the City over Outlot B in the plat of Emerald Isle 1st Addition. The areas over Outlot B needed by the City for onsite and regional stormwater ponding and for the extension of the storm sewer to the eastern boundary of Outlot B shall be excluded from the area of the easement that is being vacated and shall be preserved as part of the existing drainage and utility easement. 4.Provision of $39,270 for landscaping surety. 5. Payment of $193,800 for Fee-In-Lieu of Park Dedication. 6.Compliance with the conditions and standards within the City Engineer’s Memorandum dated December 7, 2020. ADOPTED this 19th day of January 2021, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx SUBDIVISION AGREEMENT Emerald Isle 2nd Addition AGREEMENT dated this ________ day of ________________________, 2021, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and CNC Development IV, LLC, a Minnesota limited liability company, (the "Developer"). 1.Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Emerald Isle 2nd Addition, which land is legally described on ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the “subject property”). 2.Conditions of Plat Approval. The City has approved the subdivision and the plat on the following conditions: a.Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities. b.Execution of a Subdivision or Development Agreement to secure the public and private improvements. c.Payment of all applicable fees including GIS, Park Dedication and other fees identified in the current fee schedule. d.Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. e.Provision of $39,270 for landscaping surety. f.Payment of $193,800 for Fee-In-Lieu of Park Dedication g.Payment of $104,090 for developer portion of Connemara Trail. 3.Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Subdivision Agreements for such phases are approved by the City. 4.Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx 5. Development Plans. The subject property shall be developed in accordance with the following plans, specifications and contract documents, original copies of which are on file with the City Engineer. The plans and contract documents may be prepared, subject to City approval, after entering this Agreement, but before commencement of any work on the Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Plat Plan B - Soil Erosion Control Plan and Schedule Plan C - Drainage and Storm Water Runoff Plan Plan D - Plans and Specifications for Public Improvements Plan E - Grading Plan and House Pad Elevations Plan F - Street Lights Plan G - Landscape Improvements All Improvements, including Developer Improvements and City-Installed Public Infrastructure Improvements (if any) that lie within the public right-of-way or easements and are improvements listed in Minnesota Statutes, Section 429.021 (hereinafter Public Improvements) will be designed by the Developer and must be approved by the City Engineer. The Developer will prepare plans and specifications for Public Improvements which shall be approved by the City Engineer. Such approvals shall not be unreasonably withheld and the City shall approve or provide Developer with necessary revision comments within 30 calendar days of Developer submittal of Public Improvement plans and specifications. The City will perform all construction inspection for the Public Improvements, at the Developer’s expense. Construction inspection includes but is not limited to inspection, documentation, and monitoring. 6. Installation by Developer. The Developer shall install or cause to be installed and pay for the following, hereinafter referred to as the “Developer Improvements”: A. Surveying and staking B. Surface improvements (paved streets, sidewalks, trails, etc.) C. Water main improvements D. Sanitary sewer improvements E. Storm sewer improvements F. Setting of lot and block monuments G. Gas, electric, telephone, and cable lines H. Site grading I. Landscaping J. Streetlights K. Other items as necessary to complete the development as stipulated herein or in other agreements 7. Time of Performance. The Developer shall install all required improvements , excepting the wear course of pavement, enumerated in Paragraph 6 that will serve the subject property by December 31, Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx 2021, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the Developer’s reasonable control. The pavement wear course shall be completed by December 31, 2022. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City-Installed Public Infrastructure. The following improvements, hereinafter referred to as “City- Installed Public Infrastructure Improvements” (known as City Project 2021-05), shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property at Developer expense by a Contractor selected by the City through the public bidding process: A. None 9. [This Section Intentionally Left Blank] 10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement, payment of the costs of all Developer Improvements, and construction of all Developer Improvements as noted in Paragraph 6), the Developer shall furnish the City with a cash deposit or irrevocable letter of credit from a local bank (“security”) in the amount of Two Million, Sixty-Six Thousand, Thirty-Seven Dollars ($2,066,037). The amount of the security was calculated as follows: Cost 110% Grading & Erosion Control $87,500 $96,250 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentation $28,500 $31,350 Landscaping (119 trees) $35,700 $39,270 Street Lighting (5 lights) $32,000 $35,200 Cost 125% Surface Improvements $502,088 $ 627,610 Water Main Improvements $290,515 $ 363,144 Sanitary Sewer Improvements $207,437 $ 259,296 Storm Sewer Improvements $469,134 $586,417 Total $1,677,873 $2,066,037 Refer to Exhibit A and Exhibit B for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with all terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit and take such steps as it deems necessary to remedy the default. With City approval, the letter of credit may be reduced from time to time as financial obligations are paid and Developer Improvements and other Developer obligations are completed to the City’s requirements. 11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and approved by the City Engineer. The completion of grading activities will need to be coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer satisfactory proof Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx of payment for the site grading work and shall submit a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades. If the installation of utilities by the City is occurring simultaneously with the grading, the utility contractor shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All improvements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. 12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspection s deemed appropriate by the City. Such license shall terminate as to all single-family residential lots within the subject property upon acceptance by the City of the public infrastructure improvements. 13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as necessary for seed retention. All basement and/or foundation excavation spoil piles shall be kept completely off City right -of-way and shall be completely surrounded with an approved erosion control silt fence. Approved erosion control fencing shall be installed around the perimeter of each lot or at City-approved locations at the time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot opening will be allowed on each lot for construction deliveries. The parties recognize that time is critical in controlling erosion. If development does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. This right also applies to the required erosion control for basement and/or foundation excavation spoi l piles. The City will attempt to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s or City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed , and no building permits will be issued unless the Subject Property is in full compliance with the erosion control requirements. 14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the City Planner. 15. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. Costs for City inspection of onsite erosion and sediment control shall be at the Developer’s expense. After a 24- hour verbal or written notice to the Developer, the City will complete or contract to complete the clean- up at the Developer’s expense in accordance with the procedures specified in Paragraph 13. The Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of erosion/siltation and restore to the original condition at the end of home construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit A. 16. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the Public Improvements lying within public rights -of-way and easements Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx shall become City property without further notice or action unless the improvements are specifically identified herein as private infrastructure. 17. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City or such longer period as is specified in plans and specifications for Public Improvements. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twenty-four 24) months after planting. Vegetation surrounding ponds and/or wetlands shall be warranted to be alive, of good quality and weed free for three (3) years after planting. For each pond/wetland in the development, the developer shall provide to the City Engineer an inspection report by July 31 each year which includes the following: A. Date of inspection B. Name of person responsible for inspection C. Photos of the pond/wetland area confirming the vegetation is established as intended D. Maintenance plan describing the required maintenance activities and tentative schedule. 18. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subject Property including, but not limited to, Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the subdivision and the plat, the preparation of this Agreement and any amendments hereto, and all costs and expenses incurred by the City in monitoring and inspecting the development of the Subject Property. B. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of this Agreement, including engineering and attorney’s fees. Upon request, the City shall provide invoices, in reasonable detail, as to any such fees. The estimated City fees of $251,595 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: 146,917 Engineering Fees (10% of construction estimate) 3,000 Attorney Fees 73,459 City Fees (5% of construction estimate) 5,760 Street Light Energy Cost 3,420 GIS Fees 432 Trail Fog Seal 18,607 Seal Coating 251,595 Total Amount Due If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within thirty (30) business days of the request. If actual City fees are lower than this estimate, any surplus funds will be returned to the developer when the projec t fund is reconciled and closed. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) business days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits for lots that the Developer may or may not have sold, until the bills are paid in Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) per year. D. The Developer shall pay all energy costs for street lights installed within the Subject Proper ty for 24-months at a cost of $30/month/light. After that, the City will assume the energy costs. E. The Developer will pay the cost of sealcoating the public streets within the development at a cost of $1.70/SY. The sealcoating will be completed within three (3 ) years following wear course placement. F. The Developer will pay the cost of fog sealing the public trails within the development at a cost of $0.30/SF. The fog sealing will be completed within three (3) years following trail installation. 19. Indemnification. The Developer shall hold the City and its office rs, agents and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property , except for any costs or expenses arising from the intentional acts or gross negligence of the City, it’s agents, employees or contractors . The Developer shall indemnify the City and its officers , agents and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney’s fees. Notwithstanding any other provision in this Agreement to the contrary, Developer agrees that it will not be able to submit a claim for extra work or for monetary damages (for delay or otherwise), or request an extension of time to complete the work, for any reason arising out of or relating to: (1) the COVID- 19 pandemic; or (2) any national, state, or local declaration, resolution, or order relating to the COVID - 19 pandemic, unless such declaration, resolution or order prohibits work on the project. The contract completion date shall be extended for the period of the required stoppage in work but without any claim for delay damages. 20. Insurance. The Developer agrees to take out and maintain or cause to be taken out and maintained until six months after the City has accepted the Subdivision Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer’s work or the work of its contractors or subcontractors. Liability limits shall not be less than $500,000 when the claim is one for death by wrongful act or omission or for any other claim and $2,000,000 for any number of claims arising out of a single occurrence, and twice said limits when the claim arises out of the release or threatened release of a hazardous substance. The City shall be named as an additional insured on the policy. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the Developer. 21. Park and Utility Fees. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of execution of this agreement by the City: A. Park dedication fees in the amount of $193,800 B. Storm Sewer Trunk Area Charges in the amount of $123,323 C. Sanitary Sewer Trunk Area Charges in the amount of $19,311 D. Watermain Trunk Area Charges in the amount of $74,744 (includes $42,022 credit for oversizing and 16” main lowering covered by the City, as calculated in ATTACHMENT TWO ). E. Developer share of Connemara Trail improvements estimated to be in the amount of $104,090 Or other amounts for such fees as in effect at the time of plat approval. Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx 22. Service Charges. The Developer understands that builders will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. The fees, charges, and assessments in effect as of the date of this agreement are: A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is 2,485). B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single family currently at $770; multi-family currently at $290 per housing unit). C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit). D. Water Availability Charges per SAC unit (currently at $2,425/SAC unit for single family residential and multi-family residential). 23. Building Permits. No occupancy permits shall be issued until: A. The site grading is completed and approved by the City. B. All public utilities are tested, approved by the City Engineer, and in service. C. All curbing is installed and backfilled. D. The first lift of bituminous is in place and approved by the City. E. All building permit fees are paid in full. F. No early building permits will be issued without prior authorization from the City Building Official. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays incurred by the City in the construction of Public Improvements caused by the Developer, its employees, contractors, subcontractors, material men or agents. No occupancy permits shall be issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the City (excluding the final wear course of bituminous), unless otherwise authorized in writing by the City Engineer. 24. Record Drawings. At project completion, Developer shall submit record drawings of all public and private infrastructure improvements in accordance with the City’s Engineering Guidelines. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 25. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, draw on the letter of credit or other security described in section 10, or levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 26. Miscellaneous. Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx A. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision , or the plat, or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued prior to the completion and acceptance of Public Improvements, the Developer assumes all liability and costs resulting in delays in completion of Public Improvements and damage to Public Improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land and may be recorded against the title to the subject property. The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has complete d the work required of it under this Agreement, at the Developer’s request, the City will execute and deliver to the Developer a release. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. The Developer may not assign this Agreement without the written permission of the City Council. J. The Developer acknowledges that the City may issue additional requirements outside of the 2015 General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008 Engineering Guidelines as the City is in the process of updatin g these documents. The review process may require additional time and expense due to this process, which shall be the Developer’s responsibility. The Developer shall not be billed for the time required for the City to update and approve their revisions to the 2015 General Specifications and Standard Details Plates for Street and Utility Construction or the 2008 Engineering Guidelines. Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx 27. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: CNC Development IV, LLC 3000 County Road 42 W Suite 202 Burnsville, MN 55337 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: City Administrator Rosemount City Hall 2875 145th Street West Rosemount, Minnesota 55068 Remainder of page intentionally left blank.] Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: William H. Droste, Mayor BY: Erin Fasbender, City Clerk STATE OF MINNESOTA ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _____________________, 2020, by William H. Droste, Mayor, and Erin Fasbender, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public CNC DEVELOPMENT IV, LLC BY: William E. Ryan, its Chief Manager STATE OF MINNESOTA ) SS COUNTY OF _____________) The foregoing instrument was acknowledged before me this ____ day of ______________________, 2020 by William E. Ryan, its Chief Manager, of CNC Development IV LLC, a Minnesota limited liability company, on behalf of said corporation. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx EXHIBIT A The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in the Subdivision Agreement: Grading & Erosion Control – A restoration and erosion control bond to ensure re-vegetation and erosion control ($3,500/acre). Note: The minimum surety amount is set at $25,000. Pond Restoration/Erosion Control Removal – A security to allow for cleaning of sedimentation ponds prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber blanket following development of 75 percent of adjoining lots (estimated lump sum). Survey Monumentation – An amount equal to 110% of the cost to monument all lots within the development. Landscaping – An amount equal to 110% of the cost to complete the minimum required lands caping. If additional landscaping is planned, a surety for that cost is not required. Street Lighting – An amount equal to 110% of the cost to complete the minimum required lighting. If additional lighting is planned, a surety for that cost is not required ($4,000 per light has been used to calculate this cost). Emerald Isle 2nd EXHIBIT B (Page 1 of 2) No. Item Cost 110% Calculation 1 Grading and Erosion Control 87,500$ 96,250$ $3500/ac x 25 acres. Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 28,500$ 31,350$ $500/lot x 57 lots 4 Landscaping 35,700$ 39,270$ Per City Planner (119 trees x $300) 5 Street Lights 32,000$ 35,200$ $4000/light x 8 lights 6 Surface Improvements 502,088$ 627,610$ 125% (Less Connemara Trail) 7 Water Main Improvements 290,515$ 363,144$ 125% 8 Sanitary Sewer Improvements 207,437$ 259,296$ 125% 9 Storm Sewer Improvements 469,134$ 586,417$ 125% Total 1,677,873$ 2,066,037$ No. Item Cost Estimated Construction Cost 1,469,173$ 1 Engineering Fees 146,917$ 2 Attorney Fees 3,000$ 3 5% City Administrative Fees 73,459$ 4 Street Light Energy Cost 5,760$ 5 GIS Fees 3,420$ 6 Trail Fog Seal 432$ 7 Seal Coating 18,607$ Total 251,595$ No. Item Cost 1 Storm Sewer Trunk Charge 123,323$ 2 Sanitary Sewer Trunk Charge 19,311$ 3 Water Trunk Charge 74,744$ 4 Connemara Trail 104,090$ 5 Park Dedication 193,800$ Total 515,269$ 6500/acre x 17.964 acres = $116,766 minus $42,022 for water main oversizing and lower 16" main. Attachment Two 1.70/SY x 10945 SY Development Fees (due before signed plat is released) 57 units x $3,400/unit Calculation 6865/net developable acre x 17.964 acres 1075/acre x 17.964 acres Estimated cost for Connemara Trail Improvements street/sidewalk/trail - $68,960.82, watermain w/credit for oversizing - $35,129.60) 10% of Estimated Construction Cost Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement) Calculation Developer's Estimate Estimate 5% of Estimated Construction Cost 8 lights x 24 months x $30/month 60/unit x 57 units, or $120/acre 0.30/SF x 1440 SF Block Lots Units Block Lot Units SQ FT Acres 1 29 29 1 1 1 12600 0.289 2 10 10 1 2 1 9380 0.215 3 12 12 1 3 1 12545.968 0.288 4 6 6 1 4 1 11453.772 0.263 1 5 1 11768.859 0.270 1 6 1 13937.19 0.320 Total 57 57 1 7 1 13937.19 0.320 1 8 1 15795.315 0.363 Total Plat Area =48.681 acres 1 9 1 14988.145 0.344 Total Park Area =0.000 acres 1 10 1 11237.5 0.258 Future Plat Area =30.718 acres 1 11 1 10385 0.238 Developable Area * =17.964 acres 1 12 1 10385 0.238 Ponding to HWL =0.000 acres 1 13 1 10385 0.238 Net Developable Area =17.964 acres 1 14 1 20889.176 0.480 1 15 1 11089.262 0.255 Excludes future plat and park areas (all outlots) 1 16 1 10486.973 0.241 1 17 1 9738.321 0.224 1 18 1 9045 0.208 1 19 1 9045 0.208 1 20 1 9045 0.208 1 21 1 9045 0.208 1 22 1 9045 0.208 1 23 1 9045 0.208 1 24 1 9045 0.208 1 25 1 9045 0.208 1 26 1 9045 0.208 1 27 1 9045 0.208 1 28 1 9045 0.208 1 29 1 12405.139 0.285 2 1 1 12117.928 0.278 2 2 1 9380 0.215 2 3 1 9380 0.215 2 4 1 9380 0.215 2 5 1 9380 0.215 2 6 1 9380 0.215 2 7 1 9380 0.215 2 8 1 9380 0.215 2 9 1 9380 0.215 2 10 1 12670.471 0.291 3 1 1 9180 0.211 3 2 1 9180 0.211 3 3 1 9180 0.211 3 4 1 9180 0.211 3 5 1 12447.275 0.286 3 6 1 12461.546 0.286 3 7 1 9180 0.211 3 8 1 9180 0.211 3 9 1 9180 0.211 3 10 1 9180 0.211 3 11 1 9180 0.211 3 12 1 9315 0.214 4 1 1 12750.593 0.293 4 2 1 9180 0.211 4 3 1 9045 0.208 4 4 1 9180 0.211 4 5 1 9045 0.208 4 6 1 9180 0.211 Outlot A 910547 20.903 Outlot B 427524 9.815 ROW 184536 4.236 Total Boundary 2120563 48.681 Emerald Isle 2nd EXHIBIT B (Page 2 of 2) Totals Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx ATTACHMENT ONE Emerald Isle Final Plat Emerald Isle 2nd Addition January / 2021 G:\ENGPROJ\2021-05 Emerald Isle 2nd\Subdivision Agreement\Subdivision Agreement 2021-05.docx ATTACHMENT TWO Water Main Oversizing Item Contract Item Unit Qty Unit Price Amount 1 12" DIP CL 52 (Over size 8" to 12")LF 405 18.00$ 7,290.00$ 2 12" Gave Valve & Box (Over size 8" to 12")EA 2 1,800.00$ 3,600.00$ 3 16" Trunk Main Lowering (Emerald Isle 1st - credit) LS 1 31,132.50$ 31,132.50$ TOTAL 42,022.50$ WATER MAIN OVERSIZING Chronology of Approvals and Correspondence, Including Meeting Minutes February 26, 2020 The Rosemount Planning Commission reviews and recommends approval of the Planned Unit Development Master Development Plan with Rezoning, Preliminary Plat, and Comprehensive Plan Amendment for Emerald Isle May 19, 2020 The City Council approves the Planned Unit Development Master Development Plan with Rezoning, Preliminary Plat, and Comprehensive Plan Amendment for Emerald Isle. August 25, 2020 The Rosemount Planning Commission reviews and finds the final plat for Emerald Isle 1st Addition consistent with the preliminary plat and recommends approval. September 15, 2020 Th City Council approves the final plat of Emerald Isle 1st Addition including the dedication of a blanket drainage and utility easement over Outlot B. September 30, 2020 Applicant’s attorney sends letter to the City and County objecting to the blanket drainage and utility easement over Outlot B, Emerald Isle 1st Addition. October 6, 2020 Applicant records plat of Emerald Isle 1st Addition dedicating a blanket drainage and utility easement over Outlot B, Emerald Isle 1st Addition. November 13, 2020 Applications are submitted for the final plat of Emerald Isle 2nd Addition and vacation of the blanket drainage and utility easement. December 11, 2020 Applicant’s attorney sends letter to the City objecting to the blanket drainage and utility easement over Outlot B. December 14, 2020 Rosemount Planning Commission finds the final plat for Emerald Isle 2nd Addition consistent with the preliminary plat and recommends approval. January 12, 2020 Applicant and applicant’s attorney send letters to the City objecting to the blanket drainage and utility easement over Outlot B, Emerald Isle 1st Addition. EXCERPT FROM FEBRUARY 26, 2020 PLANNING COMMISSION MEETING MINUTES 5.b. Request by CNC Development IV, LLC., for Planned Unit Development Master Development Plan with Rezoning, Preliminary Plat, and Comprehensive Guide Plan Amendment Approval to develop 151 single-family lots. 20-09-PUD, 20-10-PP, 20-11-RZ, 20-12-CP)) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Kenninger inquired about the proposed land use change map and if Flint Hills has first right of refusal adjacent to the subject property. Nemcek stated that is correct. Kenninger stated that the left over commercial, east of the site, would be effectively abandoned. Schmisek stated that he has a concern about losing any commercial property but thought that little piece would be cut off. Another concern is that of the additional traffic on Connemara Trail. Schmisek inquired if there are any talks about changing the intersection at Connemara and Akron, such as a round-about or a signal light. Lindquist stated signal lights will be installed at Akron and County Road 42 but none are proposed at Connemara. Reed inquired about the flow of the sidewalks on Connemara Trail. Engineer Smith stated that the trail and sidewalk along Connemara Trail will be extended into this subdivision and that Dakota County will be installing an underpass under County Highway 42 so that pedestrians will have a safer place to cross the highway in this area. The public hearing opened at 6:58 pm. Public Comments: Kenninger inquired how the new single-family home owners will be notified that an apartment building is also planned to be built near their new homes. Rick Osberg, Engineer, James R. Hill, Inc., stated that they have been working with staff to get to today’s plan. The property owners do not have an interested party to build the apartment currently. Besides the fact that the property is guided for high density there isn’t much information to give to a potential buyer. Rivera questioned if the stub road would be a future through road. Nemcek stated that is correct. MOTION by Rivera to close the public hearing. Second by Schmisek. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 7:03 pm. Additional Comments: Kenninger stated that her biggest concern was with changing the zoning of this area. But also agrees that this is a great use of the land. She would like to ensure that the 151 new homeowners are aware that there will be a future apartment building on the property next to this site. She requested that be added as a condition of approval. Reed stated that since having the trail system continue through Connemara Trail he is in favor. Schmisek inquired if there will be access from the development to Connemara Trail. Nemcek stated that from the commercial there will be one access point onto Connemara Trail. MOTION by Freeman to recommend that the City Council approve a Comprehensive Guide Plan amendment to reguide 20 acres of the development site from MDR-Medium Density Residential to LDR-Low Density Residential and the southeast 10 acres of the site from CC-Community Commercial to HDR-High Density Residential. Second by Reed. Ayes: 5. Nays: 0. Motion Passes. MOTION by Schmisek to recommend the City Council approve the Preliminary Plat for Emerald Isle, subject to the following conditions: a. Approval of a Planned Unit Development Master Development Plan with Rezoning. b. Approval of a Comprehensive Plan Amendment reguiding the site to LDR and HDR. c. Conformance with all the requirements of the City Engineer as detailed in the attached memorandum dated February 26, 2020. d. Payment of $513,400 as cash-in-lieu of park dedication. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. MOTION by Rivera to recommend approval of the Planned Unit Development Master Development Plan with rezoning of the property for AG-Agriculture to R1 PUD-Low Density Residential Planned Unit Development and R4 PUD-High Density Residential Planned Unit Development, subject to the following conditions: a. Execution of a PUD Agreement. b. Approval of a Comprehensive Plan Amendment reguiding the site to LDR and HDR. c. The front building elevation design shall include one of the following elements: i. Three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall behind the front porch; ii. A front porch with railing that extends at least 30% of the width of the front elevation, including the garage; iii. A side entry garage; iv. Or, no more than 70% lap siding, excluding doors and windows. d. A deviation from City Code Section 11-4-5 F.1. to reduce the interior lot minimum area of 10,000 to 8,125 square feet and corner lot minimum area from 12,000 to 10,625 square feet. e. A deviation from City Code Section 11-4-5 F.2. to reduce the minimum lot width from eighty (80) feet to sixty-five (65) feet for interior lots and from ninety (90) feet to eighty-five (85) feet for corner lots. f. A deviation from City Code Section 11-4-5 F.5. to reduce the side yard setback from ten (10) feet to seven and one half (7.5) feet except in areas where existence of larger drainage and utility easements require additional setbacks. g. A deviation from City Code Section 11-4-5 F.6. to reduce the rear yard setback thirty (30) feet to twenty-five (25) feet. h. A deviation from City Code Section 11-4-5 F.9. to increase the maximum lot coverage from thirty percent (30%) to thirty-five percent (35%) lots more than 9,750 square feet in area. i. Incorporation of the recommendations from the City Engineer in a review memorandum dated February 26, 2020, relative to drainage, grading, street design, easements, utilities, and the adjacent sidewalks. j. A temporary cul-de-sac shall be constructed at the stub of Street D. k. Subdivision monuments shall be subject to sign permits and normal zoning standards. l. The applicant shall receive approval from the Metropolitan Council for any connection to the Met Council sanitary interceptor line. m. Payment of a landscape surety in the amount of $97,020. n. The applicant must receive final site and building plan approval for the R-4 High Density residential portion of the project. o. The developer post a sign on the multi-family site indicating that the property is a future apartment building site. Second by Schmisek. Ayes: 5. Nays: 0. Motion Passes. EXCERPT FROM THE AUGUST 25, 2020, PLANNING COMMISSION MEETING MINUTES Consent Agenda: a. Approval of the July 28, 2020, Regular Meeting Minutes. b. Continuance of the Request by KJ Walk, Inc. for Comprehensive Plan Amendment, Rezoning, Planned Unit Development and Final Site and Building Plan, and Preliminary and Final Plat Approval (Simple Plat) associated with the Rosewood Commons hotel and senior living mixed use. (20-30-PUD, 20-35-SP, 20-36-RZ, 20-37-CP) c. Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 1st Addition. (20-40-FP) No items were pulled for discussion. Chair Kenninger confirmed that any public comment received on the KJ Walk project at the prior meeting would be included in the packet for the subsequent meeting. MOTION by VanderWiel Second by Schmisek Ayes: 7. Nays: 0. September 30, 2020 Greta L. Bjerkness Assistant County Attorney Dakota County Judicial Center 1560 Highway 55 Hastings, Minnesota 55033 Kim Lindquist Community Development Director City of Rosemount 2875 145th Street West Rosemount, MN 55068 VIA EMAIL greta.bjerkness@co.dakota.mn.us kim.lindquist@ci.rosemount.mn.us Re: Emerald Isle 1st Addition Dear Ms. Bjerkness and Ms. Lindquist: We represent CNC Development IV, LLC (“CNC”) with regard to the first addition plat of Emerald Isle. Specifically, we are writing to object to the City of Rosemount’s (“City”) unlawful imposition of a blanket drainage and utility easement (“DUE”) over Outlot B of that plat. We further object to Dakota County’s (“County”) purported intention to site a stormwater facility on a portion of Outlot B as part of Dakota County Project 42-156 without the express written consent of the landowner and payment of fair market value for the encumbered property. Taken together, absent consent and compensation to the landowner, we believe the actions of the City and County constitute an unlawful taking of land without just compensation. We understand the City required that CNC include a blanket DUE over Outlot B with the final plat for Emerald Isle 1st Addition. We are unaware of any legal justification for the City’s requirement, inasmuch as the City characterizes this action as a placeholder pending further platting involving such outlot. Moreover, to my knowledge, no use of an outlot is permitted under City regulations until such time as it is platted and permitted for an authorized use. No application has been filed by CNC to replat Outlot B. Therefore, the required DUE is, in our opinion, unauthorized and an unnecessary cloud on title. Separately, we understand that the County, on approximately July 14, 2020, proposed in writing to purchase for $55,000 temporary and permanent easements from the then owners of what is now referred to as Emerald Isle, for the construction of the referenced stormwater facility. The ownership of the property has since been conveyed to CNC on approximately September 8, Greta L. Bjerkness Kim Lindquist September 24, 2020 Page 2 2020. Thus, CNC stands in the shoes of the former landowners to whom the County’s written offer was made. Subsequently, the County, by letter dated September 22, 2020, withdrew its written offer, stating its intention to pursue the necessary easements through “the platting process.” We understand this to mean that the City and/or the County intend to compel the conveyance of the required stormwater easements as a condition of plat approval relating to Outlot B. On behalf of the owners of Emerald Isle, we respectfully demand that neither the City nor the County take any action to site a stormwater facility on CNC’s property without prior agreement of CNC and payment of fair market value. If you wish to discuss this letter, please do not hesitate to call me. Sincerely, Peter J. Coyle, for Larkin Hoffman Direct Dial: (952) 896-3214 Direct Fax: (952) 841-1704 Email: pcoyle@larkinhoffman.com cc: Mary Tietjen, Esq. 4843-0462-4077, v. 1 December 11, 2020 Kim Lindquist Community Development Director City of Rosemount 2875 145th Street West Rosemount, MN 55068 Mary D. Tietjen, Esq. Kennedy & Graven, Chartered Fifth Street Tower 150 South Fifth Street, Ste. 799 Minneapolis, MN 55402 BY EMAIL Re: Emerald Isle 2nd Addition Dear Ms. Lindquist and Ms. Tietjen: We represent CNC Development IV, LLC with respect to its Emerald Isle development in the City of Rosemount (the “City”). Previously, we wrote to the City and Dakota County with regard to the City’s unlawful imposition of a blanket easement condition on the plat of Emerald Isle 1st Addition, Outlot B. At the time, CNC Development objected to the City’s demand for the easement, which has the effect of clouding title to any future sale or use of the property without affirmative City action to remove the easement. As a consequence of the City demand, Dakota County withdrew a then-pending offer to purchase land within the area encompassed by Outlot B for use as a future stormwater pond, stating that the City’s imposition of an easement over the outlot negated the need to purchase it from CNC. The action of the City, in tandem with Dakota County, effects a taking without payment of just compensation to CNC Development. CNC Development has now submitted its application for Emerald Isle 2nd Addition, which proposes to remove the unlawful easement over a reconfigured Outlot B. At the City’s request, Outlot B was sized to allow a multi-family project to be pursued at some future point in time. We understand the City is again insisting that Outlot B be encumbered with a new blanket easement notwithstanding no use of Outlot B is currently planned for it. We restate our objection to this proposed condition of platting. Minnesota law provides specific authority for the City to review and approve proposed plats to address specific uses and requirements associated with active development. Minnesota law does not allow the City to unilaterally impose easement conditions on property that is not being reviewed for an active use. We understand City staff has confirmed it has no requirement in its Kim Lindquist Mary D. Tietjen, Esq. December 11, 2020 Page 2 subdivision ordinance to support its easement condition, even if state law were to allow it. Rather staff asserts it is City policy to make this demand over property which the County has conveniently identified for use as a pond. The City’s and County’s coordinated effort to take valuable property without payment of just compensation is improper and should be rejected when the plat application for Emerald Isle 2nd Addition advances through the City approval process. Please include this letter in the record of proceedings relating to Emerald Isle. If you have questions, please feel free to call me directly. Sincerely, Peter J. Coyle, for Larkin Hoffman Direct Dial: (952) 896-3214 Direct Fax: (952) 841-1704 Email: pcoyle@larkinhoffman.com cc: CNC Development IV, LLC Rosemount Mayor and City Council 4836-6369-2500, v. 1 EXCERPT FROM THE DECEMBER 14, 2020 PLANNING COMMISSION MEETING MINUTES 6.a. Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 2nd Addition (20-59-FP) Planner Nemcek gave a summary of the staff report for the Planning Commission. Rick Osberg, James R. Hill Inc., 2999 County Road 42 West, Burnsville, stated that they contest the southern drainage and utility easement being requested along Akron Avenue. He indicated this is not needed for the 2nd Addition currently before the City. Bill Ryan, CNC Development, stated that Dakota County had offered him money when they needed the additional ponding and now, they’ve changed their mind. Mr. Ryan stated that he would like to be fairly compensated. Staff indicated that obtaining the ponding easement is similar to obtaining other easements necessary for regional development like obtaining easements for Autumn Path. The issue raised by the applicant has been discussed with the City Attorney who is comfortable with the city’s request. The item will be addressed when the application and requested vacation go before the City Council; however, staff wanted to allow the applicant an opportunity to get their concerns on record. MOTION by Reed to recommend that the City Council approve the Final Plat for Emerald Isle subject to the following conditions: 1. Execution of a Subdivision Agreement. 2. Drainage and utility easements with storm sewer infrastructure may contain fences but shall be required to include gates to provide truck access; shall prohibit sheds or other accessory structures; and shall prohibit landscaping that would impede drainage. 3. The final plat shall include all easements as requested by City. 4. Provision of $39,270 for landscaping surety. 5. Payment of $193,800 for Fee-In-Lieu of Park Dedication. 6. Compliance with the conditions and standards within the City Engineer’s Memorandum dated December 7, 2020. 7. A drainage and utility easement shall be dedicated over all required regional and site ponding areas, including the southern area of Outlot B and the pond south of Connemara Trail. 8. Final approval of the Comprehensive Plan Amendment by the Metropolitan Council. Second by Marlow. Ayes: 6. Nays: 0. Motion Passes. January 12, 2021 Kim Lindquist Community Development Director City of Rosemount 2875 145th Street West Rosemount, MN 55068 Mary D. Tietjen Kennedy & Graven, Chartered Fifth Street Tower 150 South Fifth Street, Ste. 799 Minneapolis, MN 55402 Greta Bjerkness Assistant Dakota County Attorney 1560 Highway 55 Hastings, MN 55033 BY EMAIL Re: Emerald Isle 2nd Addition Dear Ms. Lindquist, Ms. Tietjen and Ms. Bjerkness: We represent CNC Development IV, LLC with respect to its Emerald Isle development in the City of Rosemount (the “City”). We previously wrote to the City and Dakota County with regard to the City’s and County’s unlawful imposition of a blanket easement on the final plat of Emerald Isle 1st Addition, Outlot B. The action of the City, in tandem with Dakota County, effects a taking without payment of just compensation to CNC Development. CNC Development has now submitted its application for Emerald Isle 2nd Addition, which proposes to remove the unlawful easement over a reconfigured Outlot B. We understand the City and County are, again, insisting that Outlot B be encumbered with a new storm water ponding easement notwithstanding no use of Outlot B is currently planned for it as part of the pending 2nd Addition plat. We restate our objection to this proposed condition of platting. The City’s and County’s coordinated effort to take valuable property from CNC Development without payment of just compensation is improper and should be rejected when the plat application for Emerald Isle 2nd Addition advances through the City approval process. Instead, we request the City and County support the approval of the 2nd Addition without any public easement condition on Outlot B. Kim Lindquist Mary D. Tietjen, Esq. Greta Bjerkness, Esq. January 12, 2021 Page 2 Please include this letter in the record of proceedings relating to Emerald Isle. If you have questions, please feel free to call me directly. Sincerely, Peter J. Coyle, for Larkin Hoffman Direct Dial: (952) 896-3214 Direct Fax: (952) 841-1704 Email: pcoyle@larkinhoffman.com cc: CNC Development IV, LLC Rosemount Mayor and City Council 4836-6369-2500, v. 3 Kennedy Mary D. Tietjen 150 South Fifth Street, Suite 700 Minneapolis MN 55402 Graven ( 612) 337-9277 telephone 612) 337-9310 fax mtietjen@kennedy-graven.com http://www.kennedy-graven.com C H A R T E R E D MEMORANDUM To: Rosemount Mayor and City Council From: Mary Tietjen, city attorney Re: Emerald Isle 2nd Addition Date: January 14, 2021 I have reviewed the letters submitted by Peter Coyle, attorney for CNC Development IV, LLC, objecting to certain conditions of the final plat approval for Emerald Isle 2nd Addition. Mr. Coyle also sent a letter dated September 30, 2020, to staff and myself objecting to the dedication of the blanket drainage and utility easement over Outlot B of the Emerald Isle 1st Addition plat. These objections were presented, notwithstanding the fact that the plat has since been filed with the County and the easement is currently in place. As is clear from the agenda for the meeting on January 19th, 2021, City staff is recommending the Council grant CNC’s request to vacate the blanket easement, but preserve those areas that will be needed for all (project and regional) stormwater ponding purposes within the approved Master Development Plan area. Vacation of the blanket area addresses CNC’s concerns that the easement created a “cloud on title”. The City’s (and County’s) anticipated uses of the preserved dedicated areas are not only consistent with the purpose and scope of a drainage and utility easement, but are tied to the stormwater drainage and ponding needs within the approved Master Development Plan area, and are thus within the City’s statutory authority to require dedication of such areas. In addition, it is expected that the Developer will be utilizing the proposed dedicated drainage and utility easement for an infiltration pond as part of future phases of development. The Developer’s objection that the plat condition for preserving the dedication of the drainage and utility easement for ponding purposes is premature, appears inconsistent with the Developer’s request for extension of the storm sewer to accommodate future development needs. MEMORANDU M To: Kim Lindquist, Community Development Director Kyle Klatt, Senior Planner Anthony Nemcek, Planner From: Dan Schultz, Parks and Recreation Director Date: February 18, 2020 Subject: Emerald Isle - CNC Development Master PUD and Preliminary Plat The Parks and Recreation Department recently reviewed the plans for the Emerald Isle development. After reviewing the plans, the Parks and Recreation Department staff has the following comments: Local Trails and Sidewalks The trail and sidewalk amenities appear to be designed in a manner that works toward the City’s goal of having a well-connected community. The proposed trail and sidewalk system is designed to match up to the existing/proposed system. Staff does recommend that accommodations are made for a trail to be added along County Road 42 in the future. Parks Dedication The parks dedication requirement for 151 single family units is either 6.04 acres of land, cash in-lieu of land or a combination of the two. Staff is recommending that the City collect cash in-lieu of land for the single-family development that is currently being processed. The cash dedication for 151 units would be $513,400 (151 x $3,400 per unit). Please let me know if you have any questions about this memo. MEMORANDUM To: Anthony Nemcek, Planner CC: Kim Lindquist, Community Development Director Stacy Bodsberg, Planning & Personnel Secretary From: Brian Erickson, Director of Public Works/City Engineer Date: December 7, 2020 Subject: Emerald Isle 2nd Addition - Engineering Review SUBMITTAL: The plans for Emerald Isle 2nd have been prepared by James R. Hill, Inc. Engineering review comments were generated from the following preliminary documents included in the submittal: Final Plat (undated) Existing Conditions Survey (dated 1/ 13/2020) Erosion and Sediment Control Plan dated 11/20/2020) Grading Plan (dated 11/20/2020) Street and Utility Plan (dated 11/ 20/2020) Preliminary Landscape Plan undated) GENERAL COMMENTS: 1. The development fees below are estimated based on the current Schedule of Rates and Fees. These fees are due with the final plat and subdivision agreement. Sanitary Sewer Trunk Charge: $1075/acre Watermain Trunk Charge: $6500/acre Storm Sewer Trunk Charge: $6865/acre 2. Plans shall be signed by an engineer licensed in the state of Minnesota. 3. Easements shall be dedicated over the site and regional ponding area in the southern portion of Outlot B. 4. See attached WSB memo from Tim Hanson dated December 2, 2020 for engineering plan comments. 5. See attached WSB memo from Bill Alms/Laura Cummings dated December 3, 2020 for stormwater comments. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015. Attached: WSB Memorandum RE: Emerald Isle – Courteau Property Plan Review dated February 18, 2020 Search Results from 1/19/2021 to 2/28/2021 Return to Previous Main Calendar Port Authority & Planning Commission Joint Meeting January 19, 2021, 5:00 PM 7:00 PM @ Virtual Meeting More Details City Council regular meeting January 19, 2021, 7:00 PM 8:00 PM @ Virtual meeting More Details Utility Commission regular meeting January 25, 2021, 5:30 PM 7:30 PM @ Virtual meeting More Details Parks & Recreation Regular Meeting January 25, 2021, 7:00 PM 8:00 PM @ Virtual Meeting More Details Planning Commission Regular Meeting January 26, 2021, 6:30 PM 9:30 PM @ Virtual meeting More Details Youth Commission Regular Meeting January 27, 2021, 3:45 PM 4:45 PM @ Virtual Meeting More Details City Council work session February 2, 2021, 5:00 PM 7:00 PM @ City Hall, Council Chambers More Details City Council regular meeting February 2, 2021, 7:00 PM 8:00 PM @ City Hall, Council Chambers More Details Environment and Sustainability Commission meeting February 16, 2021, 5:30 PM 6:30 PM @ Virtual Meeting More Details Port Authority Regular Meeting February 16, 2021, 6:00 PM 7:00 PM @ Council Chambers More Details City Council regular meeting February 16, 2021, 7:00 PM 8:00 PM @ City Hall, Council Chambers More Details Utility Commission regular meeting February 22, 2021, 5:30 PM 7:30 PM @ Virtual meeting More Details Parks & Recreation Regular Meeting February 22, 2021, 7:00 PM 8:00 PM @ Virtual Meeting More Details Planning Commission Regular Meeting February 23, 2021, 6:30 PM 9:30 PM @ Virtual Meeting More Details Youth Commission Regular Meeting February 24, 2021, 3:45 PM 4:45 PM @ Virtual Meeting More Details