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HomeMy WebLinkAboutPacket It ROSEMOUNT AG City CouENDA ncil Regular Meeting May 1, 2007 CITY COUNCIL 7:30 p.m. City Council Chambers, City Hall 1. Call to Order/Pledge of Allegiance 2. Additions or Corrections to Agenda 3. Public Comment 4. Response to Public Comment 5. DEPARTMENTAL REPORTS/BUSINESS a. Proclamation of National Public Works Week b. Rosemount Resident Survey—Presentation of Results 6. CONSENT AGENDA a. Minutes of the April 11, 2007 Work Session Proceedings b. Minutes of the April 17, 2007 City Council Proceedings c. Bills Listing d. Property Acquisition, 14340 Cameo Avenue e. SECOND READING: Renaming Ordinance for Bonaire Path f. Payment#12 & Final—Well#14, City Project#382 g. Approve Joint Powers Agreement-County Road 42/Shannon Parkway Intersection Improvements, City Project#412 h. Danner Inc. Mineral Extraction Permit, 07-12-ME 7. PUBLIC HEARINGS 8. OLD BUSINESS 9. NEW BUSINESS a. Adopt City Council Goals 2007-2008 10. ANNOUNCEMENTS 11. ADJOURNMENT 12. WORK SESSION a. Rosewood Commons Concept Planned Unit Development(PUD) Progress Land Company, 07-06-CON ' ` RQSE� V1Ot�II��T EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: May 1, 2007 AGENDA ITEM: Rosemount Resident Survey — AGENDA SECTION: Presentation of Results Departmental Reports PREPARED BY: Jamie Verbrugge, City Administrator AGENDA NO. b ATTACHMENTS: None APPROVED BY: RECOMMENDED ACTION: Receive the results of the 2007 resident survey ISSUE The City of Rosemount has retained Decision Resources Ltd., a nationwide polling firm based Minneapolis, to conduct a bi-annual attitudinal survey of its residents. The survey is an important benchmark of residents' priorities and concerns on issues of significance to the community, as well as being an indicator of residents' satisfaction with City services. The survey results are used as one of many inputs to policy direction and community visioning by the City Council and the staff when evaluating and prioritizing issues. Bill Morris of Decisions Resources will be present at the meeting to convey the survey results. BACKGROUND The random telephone survey of approximately 400 residents was conducted in March. Mr. Morris will be able to explain how the sampling is drawn as well as the statistical relevance and scientific basis of the survey process. SUMMARY Staff recommends that the City Council receives the results from Decision Resources. ROSEMC�UNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: May 1, 2007 AGENDA ITEM: Property Acquisition, 14340 Cameo AGENDA SECTION: Avenue Consent PREPARED BY: Kim Lindquist, Community Development AGENDA NO. 40 • Director ATTACHMENTS: Site Map, Purchase Agreement APPROVED BY: RECOMMENDED ACTION: Motion to approve the purchase agreement for 14140 Cameo Avenue. DISCUSSION Attached is a purchase agreement for the property at 14340 Cameo Avenue. The property is located west of the St.Joseph's ro ex and new librarysite on the east side of Cameo Avenue and 143 ra property ty Street. Potential acquisition of the properties along the east side of Cameo has been a topic of discussion by staff and the Council. Staff has met with all property owners who have expressed varying interest in selling their properties to the City. The City has recently purchased the property at 14300 Cameo; three houses north of the Harvego property. The proposed purchase price for the home is $274,900.00. Dan Wilson,Wilson Development Services, arrived at this price based upon reviewing comparable home sales in the last 6 months. The Harvegos do not have another home for purchase as yet. Therefore the closing is set in the purchase agreement for September 1, 2007 or before depending upon their circumstances. Funds for the purchase are from those designated for St.Joseph activities. CONCLUSION Staff recommends approval of the purchase agreement. SITE MAP ., OPERTY ID NUMBER:34-66500-050-00 2007 ESTIMATED MARKET VALUES(PAYABLE 2008) 2007 BUILDING INFORMATION(PAYABLE 2008): E OWNER: ANDREW HARVEGO& LAND: 56,800 LOT SIZE(EXCLUDES TYPE S.FAM.RES CARISSA HARVEGO BUILDING: 185,200 ROAD EASEMENTS) YEAR BUILT 1954 14340 CAMEO AVE TOTAL: 242,000 ARCH/STYLE ONE STORY ROSEMOUNT MN 55068 11,997 SQ FT FOUNDATION SQ FT 1482 SCHOOL DISTRICT: 196 0.28 ACRES FINISHED SQ FT 2364 OPERTY ADDRESS: 14340 CAMEO AVE BEDROOMS 3 ROSEMOUNT MN 55068 LOCATION: SE1/4 NW1/4 SECTION 29-115-19 BATHS 2.5 FRAME WOOD YABLE 2007 TAXES(DELINQUENT TAXES IN PAST YEARS) PAYABLE 2008 HOMESTEAD STATUS: FULL HOMESTEAD GARAGE SQ FT 660 OTHER GARAGE T TAX: 2,656.96 WATERSHED DISTRICT: VERMILLION RIVER MISC BLDG ECIAL ASSESSMENTS: 249.98 , TAL TAX&SA: 2,906.94 LAST QUALIFIED SALE: DATE: 8/1991 AMOUNT: 103,000 YABLE 2008 ASMNT USAGE:RESIDENTIAL \*/' / F TE: Dimensions rounded to nearest foot. PLAT NAME: SCHOOL ADDITION N TAX DESCRIPTION: S 321/2 FT OF LOT 4&N 45 Jyright 2007,Dakota County- FT 5 s drawing is neither a legally recorded map nor a survey and is not intended to be used as one. s drawing is a compilation of records,information and data located in various city,county,and :e offices and other sources,affecting the area shown,and is to be used for reference purposes y. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are nd,please contact Dakota County Survey and Land Information Department. p Date:April 26,2007 Parcels Updated:4/19/2007 Aerial Photography:2004 04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 02 PIN#34-66500-050-00 PURCHASE AGREEMENT THIS AGREEMENT, made and entered in this day of 2007, by and between,Andrew Harvego and Caxissa Harvego, a married couple, ("Seller"), and the City of Rosemount, a public body corporate and politic under the laws of Minnesota. ("Purchaser"). In consideration of the mutual terms, covenants, conditions, contingencies and agreements hereinafter contained, it is hereby agreed by and between the parties as follows: 1. Sale of Property. Seller agrees to sell to Purchaser and Purchaser agrees to purchase from Seller the real property located at 14340 Cameo Ave., Rosemount, MN 55068 legally described as follows: S 32 '4 feet of lot 4 and N 45 feet of lot 5 School Addition (legal to conform to street address) Together with all buildings, improvements and fixtures owned by Seller, all easements, rights and appurtenances thereto, and all of Seller's rights, title and interest in all public ways adjoining the same. The following personal property is included in the sale (Seller to cross out any items not included in the sale): storm windows and inserts, storm doors, screens, awnings,window shade, blinds, curtain- traverse-drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, built-in appliances, garbage disposals, installed carpeting, work benches, television antennas and hood-fans. 2. Purchase Price and_Mannar of Payment. The total purchase price ("Purchase Price") to be paid by Purchaser to Seller for the Subject Premises shall be Two Hundred, Seventy-Four Thousand, Nine Hundred and no/100 Dollars($274,900.00). The purchase price shall be paid as follows: a) Earnest money: None b) Two Hundred, Seventy-Four Thousand, Nine Hundred and no/100 Dollars ($274,900.00)to be paid in cash on the date of closing. 3. Salvage Rights. None 11 the Real Property is beingconveyed to the 4. As-Is-Basis. It is specifically agreed that p ty Y P Y � Purchaser by the Seller in"As-Is-Condition"("with all faults"). Seller agrees to remove all personal property and debris in the house, garage and on the property before the date of closing. I*zrang0 Pureha a Agreement LT 4/16/07 Page J.of 8 04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 03 5. Contingencies. The Agreement and closing hereunder shall be made contingent upon each of the following: (a) Purchaser being satisfied as to good and marketable title to the Subject Premises in Seller pursuant to Paragraph 6 herein; (b) All warranties and representations of Seller hereunder being true and correct as of the date hereof, and on the Date of.Closing; (c) Purchaser determining, on or before the Date of Closing, that it is satisfied with the matters disclosed by soil testing and a physical inspection of the Subject Premise conducted by Purchaser and its agents. Purchaser and its agents shall have the right to enter into the Subject Premises for the purposes of making soil tests and such other physical inspection measurements and investigation as Purchaser deems necessary; provided, however, that Purchaser shall not interfere with the operation of the Subject Premises and, provided further, that Purchaser shall indemnify and hold Seller and the Subject Premises harmless from all liabilities arising from entry upon or testing of the Subject Premises, including but not limited to liabilities arising from mechanic's, materialmen's or other liens filed against the Subject Premises connection with work performed or material furnished by or at the direction of Purchaser. (d) Purchaser determining, on or before the Date of Closing, that it is satisfied with the matters disclosed by its review of any reports obtained by Purchaser from third parties in connection with investigation of the Subject Premises for the presence of hazardous or toxic waste. If all the foregoing contingencies have not been satisfied or waived by Purchaser on or before the Date of Closing or such other date as is expressly set forth above, then this Agreement may be terminated at Purchaser's option, and upon written notice of termination, any Earnest Money deposited by Purchaser, together with interest earned thereon, shall be returned to Purchaser, and upon such return neither party shall have any further rights or obligations with respect to this Agreement or the Subject Premises. If notice of termination of the Agreement for failure to satisfy any contingency set forth above is not given by Purchaser on or before the Date of Closing, such contingency shall be deemed waived by Purchaser. Purchaser shall have the right to unilaterally waive any contingency and proceed to close. Each party shall cooperate with the other in satisfying the conditions hereof. 6. Evidence of Title. Seller shall, within ten(10) days after execution of this Agreement, cause to be delivered to Purchaser for examination by its attorney an Abstract of Title certified to date (or a Certificate of Title and Registered Property Abstract),which shall include proper searches covering bankruptcies and State and Federal judgments and liens. Within 1.5 days thereafter the Purchaser shall give notice in writing to the Seller of any defects in or objections to the title as so Pa e2of8 Ilarosgo Purchaae.9g�-eemen,t g 04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 04 evidenced and Seller shall thereafter clear the title of the defects and objections so specified at Seller's expense. Title to be conveyed as herein provided shall be marketable title, free and clear of all liens, encumbrances,restrictions options to purchase, and easements, except as may be expressly waived by Purchaser. 7. Representations and Warranties by Seller. Seller represents and warrants to Purchaser that: (a) The individuals executing this Agreement and the documents referred to herein on behalf of Seller have the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof. This Agreement and all documents required hereby to be executed by Seller are, and shall be, valid, legally binding obligations of and enforceable against Seller in accordance with their terms. (b) On the Date of Closing, Seller will own all of the properties and assets being conveyed hereby, free and clear of all leases,liens, charges and encumbrances. (c) Seller has received no notice of any action, litigation, investigation or proceeding of any kind pending against Seller, nor to the best of Seller's knowledge is any action, litigation, investigation, or proceeding pending or threatened against the Subject Premises, or any part thereof. (d) Seller will cause, to the extent applicable, all policies of insurance covering the Subject Premises with respect to fire and extended coverage risks, and liability to be kept in full force and effect through and including the Date of Closing. (e) On the Date of Closing, there will be no service contracts in effect in connection with the Subject Premises, except those which are terminable on thirty (30) days'written notice. (f) Seller warrants that it has not used the Property for the storage of hazardous substances or petroleum products and, as of the date of this Agreement, is not aware of any facts the existence of which would constitute a violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act or the Federal Comprehensive Environmental Response, Compensation and Liability Act. The foregoing is applicable only to Seller's actual knowledge of facts, and Seller represents that Seller has made no independent investigation of the Property. (g) Seller has not entered into any other contracts for the sale of the Subject Premises, nor as of the Date of Closing will there be any first rights of refusal or options to purchase the Subject Premises. Ha,vego ParchaRe Agreement Page 3 of S 04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 05 (h) Seller has not entered into any commitments or agreements with any governmental agency or public or private utility affecting the Subject Premises which have not been disclosed in writing by Seller to Purchaser. (i) Seller warrants that the Subject Premises is the seller's personal residence and is only occupied by the seller. (j) Seller will not construct or enter into any agreement or commitment to construct any improvement or alteration to the Subject Premises. (k) Seller will not enter into or consent to any easement, covenant or other obligation affecting the Subject Premises or alteration to the Subject Premises. (1) To the best of Seller's knowledge, after due inquiry, Seller is not in default with respect to any of its obligations or liabilities pertaining to th.e Subject Premises. (m) Seller has not entered into any brokerage or agency agreements in relation to the sale of the Subject Premises and there is no brokerage fee or commission due and owing to any person or entity in relation to the sale of the Subject Premises. Not withstanding any provisions herein to the contrary, if a closing occurs hereunder, Seller shall indemnify Purchaser,its successors and assigns, against, and shall hold Purchaser, its successors and assigns, harmless from, any loss, costs, expense or damage, including reasonable attorneys' fees directly arising out of or resulting from the breach of any of the representations and warranties herein contained, whether such loss,cost, expense or damage arises prior to or after closing,provided that Purchaser did not have knowledge of said breach on or before the Date of Closing. All warranties and representation herein contained shall survive a dosing. 8. CIQebag. Th.e date on which the closing of the transaction herein described shall occur(- • ich da - is herein referred to as the"Date of Closing") shall be on or before • 2007.The closing and delivery of all such documents shall take Mgr office of City of Rosemount or at such reasonable location as may be 04, agreed upo .y Purchaser and Seller. 9. Possession. The Seller agrees to deliver possession of the Subject Premises immediately after closing. 1.0. Costs and Prorations. Seller and Purchaser agree to the following Prorations and allocation of costs in connection with this Agreement and the transactions contemplated hereby: (a) Seller shall pay the costs of certification and delivery of the Abstract of Title or Certificate of Title and Registered Property Abstract contemplated hereunder. Harvego Purchase Agreement Page 4 of 8 04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 06 (b) Purchaser shall pay all state or local transfer or deed taxes in connection with the Deed to be delivered hereunder, if any. Purchaser shall pay recording charges in connection with recording the documents to be delivered herein. (c) Seller shall be responsible for payment of the real estate taxes due and. payable in the year of the sale prorated to the date of closing. Seller shall pay all real estate taxes due and payable for the years prior to date of closing, together with all special assessments levied against the property. Also, Seller shall pay any and all green acres or other deferred taxes and/or special assessments levied or pending against the property. (d) Each of the parties shall pay all of its own respective attorneys'fees in connection with the negotiation, preparation and closing of this Agreement and the transaction contemplated hereby. If, and to the extent, any cost or fee shall be payable by Seller under this Agreement, Purchaser shall have the right to pay such amount for the account of Seller and deduct the amount thereof from the cash due Seller at the Date of Closing. If the amount of Seller's obligation cannot be determined on the Date of Closing, Purchaser shall have the right to establish an escrow account(and offset from the cash payment) 150% of the maximum foreseeable liability. 11. Clo ing Documents. At the Closing, Seller shall execute and deliver to Purchaser the following (collectively the"Closing Documents"): (a). Deed. A General Warranty Deed, in recordable form. (b). Seller's Affidavit. A standard form affidavit by Seller indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Subject Premises; that there has been no skill, labor or material furnished to the Subject Premises (other than at the request of Purchaser) for which payment has not been made or for which mechanics'liens could be filed; and that there are no other unrecorded interests in the Subject Premises. (c.) Storage Tanks. If required an affidavit with respect to storage tanks pursuant to Minnesota Statutes Section 116.48. (d). Well Disclosure. If there is a well located on the Premises, a well-disclosure statement in form and substance true to form for recording. (e). Certification. A certification that the representations and/or warranties made by the Sellers are the same as were in existence on the date of the Purchase Agreement; and M. Abstract. A registered Property Abstract or Abstract of Title certified to date. Horuego Purchase Agreement Page 5 of 8 04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 07 (g). Other Documents. All other documents reasonable determined by either party and the title insurance company to be necessary to transfer and provide title for the property. 12. Assignment. Purchaser shall have the right to assign its interest under this Agreement, without first obtaining the consent of Seller, provided that Purchaser shall remain liable to Seller under this Agreement. 13. Survival. All of the terms, covenants, conditions, representations,warranties and agreements contained in this Agreement shall survive and continue in force and effect and shall be enforceable after the closing. 14. Notices. Any notice or election required or permitted to be given or served by any party hereto upon any other shall be deemed given or served if personally delivered to an officer of the party to be notified or if mailed by US registered or certified mail, postage prepaid, return receipt requested, or sent by reputable overnight courier, to the property address as follows: If to Seller: Andrew and Carissa Harvego 14340 Cameo Ave Rosemount, MN 55068 If to Purchaser: Kim Lindquist Community Development Director City of Rosemount 2875 145th St. W. Rosemount, MN 55068 Except as otherwise expressly provided herein, each such notice shall,be deemed to have been received by, or served upon, the party to whom addressed on the date which is three (3) days after the date upon which the same is deposited in the US registered or certified mail, postage prepaid, return receipt requested, properly addressed in the manner above provided, and if served personally or sent by reputable overnight courier, on the date of service or delivery. Any party hereto may change its address for the service of notice hereunder,in the manner above specified, ten(10) days prior to the effective date of such change. 15. Effective Date of Agreement. This Agreement shall become effective and shall,be binding upon the parties hereto only after it has been executed by each of the parties hereto. Buyer will have no more than ten(10) days after date of Seller's acceptance of this agreement to accept and sign this purchase agreement. 16. Captions. The paragraph headings or captions appearing in this Agreement are or convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. 17. Entire Agreement: Modification. This written Agreement constitutes the entire and complete agreement between the parties hereto and supersedes any prior oral or written agreements between the parties hereto with respect to the Subject Premises. Harusgo Purchase Agmement Page 6 of 8 04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 08 It is expressly agreed that there are no verbal understandings or agreement which in any way change the terms, covenants or conditions herein set forth, and that no modification of this Agreement and no waiver of any of its terms and conditions shall,be effective unless in writing and duly executed by the parties hereto. 18. Binding Effect. All covenants, agreements, warranties and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. When used herein, the singular shall include the plural, the plural shall include the singular, and the use of one gender shall,include all other genders, as and when the context so requires. 19. controlling Law. This Agreement has been made and entered into under the laws of the State of Minnesota and said laws shall control the interpretation enforcement hereof. 20. Remedies. If either party shall default in its obligations hereunder, the sole remedies available to either party, except with respect to defaults under Paragraph 5 herein for which damages shall be recoverable as provided therein, shall be (I,) to terminate this Agreement by written notice to the other party, in which event neither party shall have any further rights or obligations hereunder or (ii)to seek performance of this Agreement. 21. Counterparts. This Agreement may be signed in one or more counterparts, all of which taken together shall be deemed one original. 22. Severability. If any provision in this Agreement, or any application thereof, shall be invalid or unenforceable, the remainder of this Agreement and any other application of such provision shall not be affected thereby and shall not be rendered invalid or unenforceable. 23. Acceptance. Seller understands and agrees that this Purchase Agreement is subject to acceptance by Purchaser in writing. 24. Relocation. The seller is a displaced person under Minnesota Statutes 117.52 and as such is eligible to receive residential relocation benefits as provided in the Minnesota Uniform Relocation Act. The purchaser has identified the property at 4307 159th Court W., Rosemount currently listed for $274,900 as a comparable replacement dwelling for the purposes of calculating the sellers replacement housing payment. The purchase price is the same amount as the cost of the identified comparable replacement dwelling. As such the seller will receive no additional differential replacement housing payment. The seller is entitled to receive incidental closing costs and personal property moving costs as defined in the Minnesota Uniform Relocation Act. These costs will be paid by the purchaser upon submission by the seller of documentation of eligible cost having been incurred. irar, go Pur ivae Agreement Page 7 of 8 04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 09 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. SELLERS: Dated: VA,/7 BY Andrew Harvego Dated: 'A h 23 1 b 1 BY Da AA`a-c\--)-- Carissa Harvego PURCHASER: City of Rosemount Dated: BY Dated: Attest: Date of Final Acceptance Harvego Purchase Agreement LT 4/16/07 Page 8 of 8 ROSEv1OUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: May 1, 2007 AGENDA ITEM: Case 07-12-ME Danner Inc. Mineral AGENDA SECTION: Extraction Permit Consent PREPARED BY: Eric Zweber, AICP; Senior Planner AGENDA NO. l• ti . ATTACHMENTS: 2007 Mineral Extraction Permit, Site Map, Phasing Map, Letter from Danner APPROVED BY: Inc. RECOMMENDED ACTION: Motion to approve the 2007 Mineral Extraction Permit for Danner, Inc. with conditions. SUMMARY Applicant&Property Owner(s): Marlon L. Danner of Danner, Inc. Location: 4594 145th Street East- 1.25 miles east of STH 52/56 and 1/4 mile south of CSAH 42 Area in Acres: 75 Comp. Guide Plan Design: IM—Industrial/Mixed Use and AG -Agriculture Current Zoning: AG—Agriculture Material removed in 2006: 70,000 Tons ISSUE Marlon Danner is requesting renewal of the mineral extraction permit for his property on the south side of County Road 42, 1 1/4 miles east of U.S. Hwy. 52. This is a routine annual permit renewal as required by ordinance. BACKGROUND The applicant, Marlon Danner of Danner, Inc. requests renewal of the mineral extraction permit for the property located at 4594 145th Street East. This request is based upon the routine annual review and renewal of the current permit. This pit is currently in the 2000 phase. In 2006, approximately 70,000 tons of aggregate material was extracted from the 1999 and 2000 Phases of the site. The applicant plans to extract 70,000 tons of material from the 1999 and 2000 Phases of the site during 2006. This request is subject to the conditions outlined in the attached permit. In addition to these specific conditions, all mineral extraction permits are subject to the general performance standards outlined in Section 12.4 of the Zoning Ordinance. Upon review of these standards,police records, and the information submitted by the applicant, staff recommends approval of the Danner Mineral Extraction Permit 2006. PLANNING COMMISSION DISCUSSION The Planning Commission conducted a public hearing on April 24, 2007. No residents spoke at the public hearing. The Planning Commissioners had no questions or comments. The Planning Commission recommended approval of the 2007 Mineral Extraction Permit for Danner, Inc. RECOMMENDATION Motion to approve the 2007 Mineral Extraction Permit for Danner, Inc. with conditions. 2 Mineral Extraction Permit 2007 Conditions for Mineral Extraction Permit Renewal 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. This permit is granted for the area designated on Exhibit A,which is attached hereto as one of the exhibits. C. The term of the permit shall extend from May 1,2007 until December 31,2007 unless revoked prior to that for failure to comply with the permit requirements. An Annual Mining Permit fee of$370.00 shall be paid to the City of Rosemount. 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 attached grading plan labeled Exhibit B,or as approved by the City Engineer, and any other conditions that 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 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. 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 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. 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 as indicated on Exhibit A the Phasing Plan. 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 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. 1 L. The daily hours of operation for the mining area shall be limited to 7:00 a.m.to 7:00 p.m., subject, however,to being changed by the City Council. M. 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 May 1,2007 to July 31,2008. 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. 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,bodily injury liability in an amount of at least One Million and no/100 ($1,000,000.00)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 May 1,2007 to July 31,2008. O. 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. 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. 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 semiannually a written report indicating the amount of material extracted from the site for the prior six-month period. 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. 2 T. The Property Owner must have a copy of the Dakota County Soil and Water Conservation District mining application completed and on file with the City of Rosemount Planning Department prior to the approval of the Mineral Extraction Permit. 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. 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 ,2007. DANNER, INC. BY: Its: Property Owner STATE OF MINNESOTA ) COUNTY OF DAKOTA) ) The foregoing instrument was acknowledged before me this day of ,2007,by , on behalf of Danner,Inc.,Property Owner. Notary Public 3 Danner, Inc. ' i . ,f.,s 4.4 s4. /0 ciY gib 42. \ , In nC a- w X 1 I 1 .. . - — . . „ .. ' , • ' ' . • -.2' • .-- •---.*-• • :.--- --- ' • •••- • •• ,, .:. -•- .: t '•-• • • •• •.... ......--..-•••••••••'..----- ___•—:. " .....— 0 1 @ M T \\ -•„,...•\‘ • . : ,, ; .....:,..•::•.:...,.:-.-.-.....-.: ..--- ...•• • •-•....• ._ • , • • , .•: ..„. __. ..• .--.7 lq •) DirAvAbowian __\ , : / i . •. , : ,g •••• .. ......., < • ,...--, ‘,/ iH -• .."'''!"'" A'''': •' : / i e i>.• • .• MAR. 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Tin . pj :g fil. 1- if I • tja• .• i I rOg l IF _. CO (/) I: 7-• IT ' ,.17 zei : Till°0 . . e ,,, 0 ••••• ft i 5i11,4 — • ih14-il: . 2 c• 9 0 C: • . • I a ' 4 lit Z ii I. ] Iii• II .. 1,1:!011}111 • -I Im Z ' • II— . r• r • 11 rii I i 1 t I J.-I• , . —3 • • . • .. . .._____._______________. . - ._:----_—__.....—•••.. . •• •• ••••••---- • - , . . ' • liPI '0111 . • Wc9E: 1 900l '01 'JPN - i r r D 1 FEB 2 ` 2007 'v DANNER, INC. 843 Hardman Avenue South flyseuti -aai �I�li5o75 Phone: (651) 450-0830 • Fax: (651) 450-9076 February 23, 2007 PLANNING COMMISSION CITY OF ROSEMOUNT 2875 145TH STREET WEST ROSEMOUNT, MN 55068 RE: MINERAL EXTRACTION PERMIT TO WHOM IT MAY CONCERN: ENCLOSED PLEASE FIND THE ABOVE MENTIONED PERMIT. COULD YOU PLEASE LET ME KNOW HOW MUCH THE PERMIT WILL BE THIS YEAR AND I WILL SEND YOU A CHECK IMMEDIATELY. I HAVE ALREADY SUPPLIED THE CITY WITH THE BOND INCREASE. OUR DUST CONTROL WILL BE WATERING WITH OUR WATER TRUCK EVERY DAY, AS MANY TIMES AS NEEDED. ALSO WE WILL BE USING CALCIUM CHLORIDE TO CONTROL THE. DUST. IF YOU HAVE ANY QUESTIONS PLEASE CALL MEAT (651) 450-0830. SINCERELY, _ DANNER INC. MARLON DANNER VICE PRESIDENT MD/kjr MATERIAL HANDLING SPECIALIST An Equal Opportunity Employer 9 17 . MAR 1 4 2007 DANNER, INC. y 843 Hardman Avenue South • South St. Paul, MN 55075 Phone: (651).450-0830.• Fax: (651) 450-9076 March 12, 2007 City of Rosemount 2875 145th Street West Rosemount, MN 55068 Re: Mineral Extraction Permit PID 34-02900-010-60 Dear Mr. Zweber: Enclosed you will find a check for$1,070.00 for the fees and also the phase plan for 2006. In 2006 we extracted approximately 70,000 tons of Sand and Rock. In 2007 we • will be extracting about the.same. In 2006 we reclaimed sand and rock. We have no restored very much due to the stockpiles of material. If you have any questions regarding this information please call our office at (651) 450-0830. Sincerely, Danner Inc. Marlon Danner • Vice President MD/kjr . .._.. MATERIAL HANDLING SPECIALIST • An Equal Opportunity Employer F RosEmouNTEXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: May 1, 2007 AGENDA ITEM: Adopt City Council Goals 2007-2008 AGENDA SECTION: New Business PREPARED BY: Jamie Verbrugge, City Administrator AGENDA NO. q.a. ATTACHMENTS: None APPROVED BY: //V. RECOMMENDED ACTION: Motion to Adopt the City Council Goals for 2007-2008 ISSUE The City Council held a goal setting session at the end of January 2007. The goals discussion of that date was reviewed with the City Council at the April work session. BACKGROUND Since 2003 the City Council has annually met to discuss issues of significance to and vision for the community, as well as strategies for addressing issues and setting a vision. This discussion results in the adoption of stated goals that help guide the work of staff and Council in prioritizing work flow,budgeting decisions and objectives. For 2007-2008, the City Council has maintained many of the same goals and key objectives. Below are the strategic focal points for the City Council in the coming year: 1. Maintaining the levels and quality of City services 2. Implementing reasonable tax management strategies 3. Accomplishing downtown redevelopment 4. Achieving balanced growth 5. Pursuing amenities appropriate to Rosemount 6. Enhancing relationships with educational institutions in Rosemount 7. Enhancing communications initiatives through greater use of technology Maintaining the levels and quality of City services Action Steps: • Continue to develop benchmarks for current services • Continue to utilize benchmark reporting systems when evaluating budget needs • Establish a system for evaluating relevance of services being delivered • Establish a customer feedback system to monitor satisfaction levels for service delivery and quality Implementing reasonable tax management strategies Action Steps: • Continue to monitor the City's tax rate management practice relative to surrounding communities • Continue to assess revenue and funding options, as well as analyzing alternative revenue sources • Continue to aggressively pursue commercial/industrial development to maintain tax base balance and moderate the tax burden on residential property taxpayers Council Goals May 1,2007 Page 2 of 2 Accomplishing downtown redevelopment Action Steps: • Resolve Core Block East • Develop RFQ/RFP and timelines for revitalization of other Downtown areas • Periodically review the Downtown Framework to determine if the objectives continue to be viable in the market place and appropriate for the community Achieving balanced growth Action Steps: • Concentrate economic development marketing to emphasize retail development and attraction of businesses supporting head-of-household jobs • Continue to work with development community to provide a range of housing options appropriate to the household income levels in Rosemount • Develop recommendations to promote sustainable development initiatives • Work with other cities in Dakota County to promote green initiatives and sustainable development Pursuing amenities appropriate to Rosemount Action Steps: • Establish implementation plan for moving forward on the outdoor recreational complex • Complete St.Joseph Task Force and develop implementation plan for future reuse options • Monitor efforts in the community to privately construct a second sheet of ice • Continue to evaluate short-term options for senior programming Enhancing relationships with educational institutions in Rosemount Action Steps: • Establish regular meetings with ISD 196, ISD 917, Dakota County Technical College, St.Joseph School, and First Baptist School to discuss issues and activities • Identify possible areas of collaboration to partner on the educational and recreation needs of the community Enhancing communications initiatives through greater use of technology Action Steps: • Implement live video web-streaming of City Council meetings in conjunction with the Apple Valley, Farmington,Rosemount Cable Commission • Evaluate options for implementing a bulk e-mail system • Evaluate options to expand the capacity and utility of the City's internet communications • Analyzing technology needs in the community and strategies for working with the private sector to develop greater access to communications technology SUMMARY The statement of goals will serve as a working document for staff and Council in the coming year. The staff will work to provide a website-based update system of accomplishments and activities related to these goals as a means of sharing progress with the community. Staff recommends adoption of the goals as presented or modified through Council discussion. 2 ROSEtv1OUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Work Session: May 1, 2007 AGENDA ITEM: 07-06-CON Rosewood Commons AGENDA SECTION: Concept Planned Unit Development Work Session (PUD) Progress Land Company PREPARED BY: Kim Lindquist, Community Development AGENDA NO. Director I�i•� ATTACHMENTS: Concept Plan APPROVED BY: RECOMMENDED ACTION: Provide Direction to Staff DISCUSSION In March the City Council granted concept PUD approval to the Rosewood Commons project. The approval was by simple majority. Ultimately the rezoning and guide plan approval for the project will require a 4/5ths vote of the Council. The two dissenting votes expressed concern about the overall density on the site and requested a reduction in total units. The property owner has revised a drawing which has the same number of units but has "repackaged" them into four larger buildings instead of the initial six, 40-unit buildings. The owner is requesting feedback from staff and the Council. Staff is requesting direction from the Council to aid in providing further direction to the applicant through the remaining planning review process. The question from staff is whether the issue is solely a density issue or whether it is somewhat a site plan issue. In other words, could a site plan be found acceptable that serves 240 units if site amenities, attractive architecture, and adequate open space and recreational active areas were provided or is it immaterial whether there are four buildings or six;given the overall density is not supported? The answer to this fundamental question would assist in future development of a plan submittal by the applicant. M 1 Progress Land Company 6001 Egan Drive Suite 100 Savage,MN 55378 phone:952-226-3200 Rosewood Commons Design 6 Unit Total Room Square Unit Square Dimension Footage Count Footage Living Units 240 1 Bedroom 641 72 46,152 2 Bedroom 841 144 121,104 3 Bedroom 1,000 24 24,000 Total Units 240 191,256 units per building 60 circulation 15% 28,688 building storage 3"/ 5,738 total building size 225,682 building partking stories 1 building apartment stories 3 building footprint 75,227 building width 71 overall building length 1,060 number of buildings 4 building size 71 x 265 Commercial Space Building 1 1 7,097 Total Amenities 7,097 Parking Commercial Lot 1 26 Residential Lot 1 68 Residential Lot 2 10 Residential Lot 3 64 Residential Lot 4 41 Residential Lot 5 48 Residential Lot 6 9 Residential Underground 60 4 240 Total Parking 506 Building roof surface area 95,753 Impervious ground surface area 131,432 Total Impervious area 227,185 Total open space 354,355 Total land area 581,540 percentage of open space 60.93% 20609-, ks cricket lane Date 3/25/2007 b Il b lenexa, Revision 6 phone:913.422.5762 Prepared fax:309.409.9258 by eb architecture&interiors www.bnbdesion.com |/ � �� � �- - -- ' / 1 -� ___-----' -- ------- --- L6 N /| _� ---- -- -� -------- -- --- ----!- --_---� -- ------- 77 AfIVI lk nph ON anal 0,-� ,*.-.\\o sow Vill cup C) 77 Co Alm Am ____,_.,...................1.1