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2016-57 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA DATE: September 12,2016 RESOLUTION NO: 2016-57 MOTION BY: Tjornhom SECONDED BY: McDonald APPROVE TEMPORARY DRIVEWAY ACCESS WITH CONDITIONS THROUGH CITY PROPERTY(PID 250360500)WITH THE ZWIERS IN CONJUNCTION WITH THE CSAH 61 (FLYING CLOUD DRIVE)IMPROVEMENT PROJECT NO. 13-09 WHEREAS,Hennepin County proposes to reconstruct approx. 3.7 miles of CSAH 61/Flying Cloud Dr. from Highway 101 in Chanhassen to Charlson Road in Eden Prairie including but not limited to new roadway with shoulders,trail, and retaining walls; WHEREAS,in order for Hennepin County to make necessary improvements, a temporary easement and some land acquisition is necessary; WHEREAS,Carver County and the Zwiers have been in ROW acquisition negotiations and one of the conditions of the ROW Settlement Agreement requests the City of Chanhassen consider giving the Zwiers access through the city-owned land for future grading and mining work; WHEREAS,City staff believes it is acceptable letting the Zwiers have access through the city-owned property once the following conditions have been satisfied: 1. IUP for the site must be approved by the City Council. 2. All areas actively or previously quarried must be permanently stabilized and the site must come into compliance with all appropriate permits including, but not limited to the MNG490000 and any others issued by the MPCA. 3. The site must comply with any restoration orders, existing or forthcoming, from those agencies reviewing any releases from the site. 4. A Phase I environmental study must be completed for the area west of the creek and any recommendations therein contained shall be prescribed to. 5. Submit an updated phasing plan including the following: a. A full topographic survey for the property east of the unnamed creek. b. Slopes that are actively being mined. Note the area(in acres). c. Slopes that will be mined in the upcoming calendar year. Note the area(in acres). d. Anticipated start dates for any remaining areas to be mined. e. Stockpile locations. f. Slopes that will be restored in the upcoming year. Note the area(in acres). g. Restored slopes (note the year restored). Note the area(in acres). 6. An updated erosion control plan must be submitted for review and approval. 7. A pollution prevention plan including all the required elements of the MNG490000 must be submitted for review and approval. 8. Provide the mining quantities: a. Quantity removed within the past year. b. Quantity anticipated for removal in the upcoming year. c. Remaining quantity of material to be removed. 9. All NPDES inspection logs and Discharge Monitoring Report Form for the year must be submitted. NOW,THEREFORE,BE IT RESOLVED that the Chanhassen City Council hereby approves a temporary driveway access through city-owned property(250360500)with the Zwiers contingent upon all conditions being satisfied. Passed and adopted by the Chanhassen City Council this 12th day of September, 2016. ATTEST: -1'/ 9 Todd Gerhardt, City Manager Denny Lau nburger, ayor YES NO ABSENT