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HomeMy WebLinkAboutPacket 4DOCVMOjJj\ffAGENDA City Council Regular Meeting Tuesday, March 20, 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-City Participation in American Red Cross Get Ready!Community Challenge 6. CONSENT AGENDA a. Minutes of the February 20, 2007 Regular City Council Proceedings b. Minutes of the March 6, 2007 Regular City Council Proceedings c. Minutes of the March 8, 2007 Special Work Session Proceedings d. Bills Listing e. Commissioner Appointments f. Personal Leave of Absence for a Firefighter g. Expenditure of Funds from Donation Account—DARE h. Expenditure Approval—Police Equipment Fund i. Receive Donation—Parks & Recreation Dept. j. Expenditure Approval from the Donation Account—Parks& Recreation Dept. k. Final Payment#14, Harmony Street and Utility Improvements, City Project#381 I. Northern Natural Gas Easement Agreements, ENG105 m. Official Map Ordinance, 07-04-TA n. Approval of Interfund Loan Transfer o. Rosemount Business Center Lot Combination, Rezoning,and Planned Unit Development Master Development Plan and Final Development Plan, 06-67-SP, 06-68-LC, 06-69-CON p. Property Acquisition, 14300 Cameo Avenue 7. PUBLIC HEARINGS 8. OLD BUSINESS 9. NEW BUSINESS a. 07-06-CON Rosewood Commons Concept Planned Unit Development(PUD) Progress Land Company b. Northern Natural Gas Transmission Facility and Conditional Use Permit, 07-07-TF, 07-08-CUP 10. ANNOUNCEMENTS 11. ADJOURNMENT 12. CLOSED SESSION a. Pending Litigation, City Project#397 ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: March 20, 2007 AGENDA ITEM: Case 07-04-TA Official Map Ordinance AGENDA SECTION: Consent PREPARED BY: Eric Zweber, AICP; Senior Planner AGENDA NO. (0.% ATTACHMENTS: Proposed Official Map Ordinance, Excerpt from the February 20 Planning Commission Minutes, Official Map APPROVED BY: Ordinances from other Cities, State Statute regarding Official Maps RECOMMENDED ACTION: Motion to approve an Ordinance amending the City of Rosemount Zoning Ordinance B relating to Official Maps. ISSUE Over time, a growing community needs to expand their street and other public facilities to accommodate newgrowth. Often, communities know what improvements need to be made years before the P improvements are actually constructed. With this advanced knowledge, communities can design the needed improvements when the land required for these improvements is either undeveloped or sparsely developed. Often times there is a concern that currently undeveloped land will be developed before the public improvements are made. This concern can be eliminated by mapping what land will need to be preserved for the improvement and adopt it as an official map. Before the City Council tonight is the enabling Ordinance that would allow the City of Rosemount to adopt official maps. This ordinance will be located within the zoning ordinance section of the City Code. PLANNING COMMISSION RECOMMENDATION The Planning Commission on February 20,2007 conducted a public hearing for the Official Map Ordinance. No one from the public spoke during the public hearing and the Planning Commission had no questions for staff. The Planning Commission recommended approval of the Official Map Ordinance. SUMMARY Communities need to preserve currently undeveloped land to provide for future streets or other public infrastructure. This preservation is accomplished by mapping the land that is needed for the improvements through the adoption of an official map. In the case of a future street, the map will show the centerline of the road, the needed right-of-way to construct the road, and could include building lines to depict the future setbacks. The public hearing conducted during the adoption of the Official Map allows the land owners who are effected by the future improvement to testify regarding the impact upon there property. Official maps do not acquire or condemn the land that is depicted on the map, but it provides a City the legal basis to deny a building permit for a building or structure that would be placed within the area needed for the future improvement. After a permit is denied, the owner is allowed to appeal to the Board of Appeals and Adjustment. During the appeal meeting, the applicant can provide testimony "a) that the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or b) that balancing the interest of the city in preserving the integrity of the official map and of the comprehensive city plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity". If the Board finds that these circumstances are met, they can authorize the issuance of the permit. Upon that finding, the City has six (6) months to acquire the portion of the applicant's property depicted on the official map or the building permit will be issued. Adopting an official map for a State trunk highway or an approved principal arterial allows the City to use Metropolitan (Met) Council Right-of-Way Acquisition Loan Funds (RALF) to acquire property. The RALF allows the City to use Met Council funds to purchase the property needed for the street ahead of the actual financing being available for the project. When the project is programmed and funded, the RALF is paid back through the project allocation. Without an adopted map, the City would not be allowed to use the RALF funding. The State, County, and City continue to work on the 42/52 interchange project. Staff intends to officially map the lands necessary for that project to assist in future acquisition and potential front-end funding. This is the first step in that process. RECOMMENDATION Motion to approve the Official Map Ordinance. 2 City of Rosemount Ordinance No. B- 187 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO OFFICIAL MAPS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT,MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled"City of Rosemount Zoning Ordinance,"is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B is amended by adding the following: CHAPTER 13 OFFICIAL MAPS SECTION: 11-13-1: Purpose 11-13-2: Official Map Defined 11-13-3: Initiation of Proceedings 11-13-4: Sketch Maps and Reports 11-13-5: Reference to Planning Commission 11-13-6: Notice and Hearing 11-13-7: Preparation and Filing of Maps 11-13-8: Effect 11-13-9: Appeals 11-13-10: Adoption of Maps 11-13-1: PURPOSE: Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to nonpublic uses which could have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification of an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this chapter to provide a uniform procedure for the proper use of official maps as authorized by the Minnesota municipal planning act,Minnesota statutes chapter 462. 11-13-2: OFFICIAL MAP DEFINED: "Official Map" as used in this chapter means a map adopted in accordance with this chapter showing existing streets,proposed future streets, and the area needed for widening of existing streets of the city.An official map may also show the location of existing and future land and facilities within the city. An official map may cover the entire city or any portion of the city. 11-13-3: INITIATION OF PROCEEDINGS: Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by: a) the city's planning department;b) a recommendation of the planning commission; or c) action by the city council. 11-13-4: SKETCH MAPS AND REPORTS: Every proposal or request for an official map or its amendment or repeal,however initiated, shall be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served. 11-13-5: REFERENCE TO PLANNING COMMISSION: Except when proceedings have been initiated by recommendation of the planning commission, every proposed official map or change in a map shall be referred to the planning commission for advice and recommendation thereon, and such recommendation shall be submitted to the city council within forty five (45) days after reference to the planning commission along with the report of the commission on the effect of the proposal on the comprehensive plan of the city. If no recommendation is received by the council from the planning commission within forty five (45) days after reference of the proposal to the commission by the council, the council may take such action as it may deem proper upon the proposal without further action by the planning commission. 11-13-6: NOTICE AND HEARING: A. Notice: Upon receiving the recommendation of the planning commission or after forty five (45) days from the submission of the proposal to the planning commission without a recommendation from the commission, the council may call a public hearing on the proposal. A notice of the time,place, and purpose of the hearing and a description of property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten (10) days prior to the date of the hearing. At least ten (10) days prior to the hearing, the clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice, the owners shall be determined by the records of the county auditor and the notice shall be addressed to the last known address as shown by the auditor's records. Failure to serve any such notice shall not invalidate the proceedings. B. Hearing: At the time and place specified in the notice, the council shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time without further notice. The council may direct the planning commission to conduct a hearing and following the hearing to report its recommendation to the council. 11-13-7: PREPARATION AND FILING OF MAPS: The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas, a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a licensed land surveyor. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance,a certified copy of the official map or section to which the ordinance relates, together with an attached copy of the ordinance, shall be filed with the county recorder. 11-13-8: EFFECT: After an official map has been adopted and filed,the issuance of building permits by the city shall be subject to the provisions of this chapter. The city shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within any area designated on the official map for street or public purposes, or outside of any building line that may have been established upon the existing street.Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the city, the city is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the city any right, title, or interest in areas identified for public purposes thereon,but the adoption of the map does authorize the city to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. 11-13-9: APPEALS: Whenever a building permit is denied pursuant to this chapter, the board of appeals and adjustments shall,upon appeal filed with it by the owner of the land,grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the board finds,upon the evidence and the arguments presented to it: a) that the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or b) that balancing the interest of the city in preserving the integrity of the official map and of the comprehensive city plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. The board of appeals and adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten (10) days before the hearing. If the board authorizes the issuance of a permit,it shall specify the exact location,ground area, height, and other details as to the extent and character of the building for which the permit is granted. If the board authorizes issuance of a permit, the council or other authority, board or commission having jurisdiction shall have six (6) months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time,the city shall issue the permit if the application otherwise conforms to local ordinances. 11-13-10:ADOPTION OF MAPS: Language for adoption of official maps shall be as follows: ADOPTION OF MAP(fill in description]: The map entitled"Official Map of", a copy of which is attached to Ordinance No. and incorporated herein by reference, is hereby adopted and designated as the Official Map of. Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 20th day of March,2007. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of ,2007. EXCERPT FROM THE PLANNING COMMISSION REGULAR MEETING MINUTES OF FEBRUARY 27, 2007 5.b. Case 07-04-TA Official Map Ordinance. Senior Planner Zweber presented this item. Over time,a growing community needs to expand their street and other public facilities to accommodate new growth. Often, communities know what improvements need to be made years before the improvements are actually constructed. With this advanced knowledge, communities can design the needed improvements when the land required for these improvements is either undeveloped or sparsely developed. Often times there is a concern that currently undeveloped land will be developed before the public improvements are made. This concern can be eliminated by mapping what land will need to be preserved for the improvement and adopt it as an Official Map. The ordinance will enable the City to adopt Official Maps and will be located within the zoning ordinance section of the City Code. Therefore,it is subject to Planning Commission review and recommendation. Chairperson Messner opened the public hearing at 9:11p.m. There were no public comments. MOTION by Schwartz to close the Public Hearing. Second by Howell. Ayes: 3. Nays: None. Motion approved. Public hearing was closed at9:12p.m. There were no questions or comments from the Commission. MOTION by Commissioner Howell to recommend that the City Council approve the Official Map Ordinance. Second by Schwartz. Ayes: 3. Nays: 0. As follow-up, Mr. Zweber stated this item will go to City Council on March 20, 2007. The Planning Commission will see an Official Map in the future. Official Maps Burnsville (Its own Chapter within the Building Regulations Title of the Ordinance) Chapter 9 4-9-1: PURPOSE: Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to nonpublic uses which could have been located on other lands without hardship or inconvenience to the owners.When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this chapter to provide a uniform procedure for the proper use of official maps as authorized by the Minnesota municipal planning act, Minnesota statutes, section 462.351 to 462.36. (Ord. 961, 2-7-2005) 4-9-2: OFFICIAL MAP DEFINED: "Official map" as used in this chapter means a map adopted in accordance with this chapter showing existing streets,proposed future streets, and the area needed for widening of existing streets of the city. An official map may also show the location of existing and future land and facilities within the city. An official map may cover the entire city or any portion of the city. (Ord. 961, 2-7-2005) 4-9-3: INITIATION OF PROCEEDINGS: Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by: a)the city's planning department; b) a recommendation of the planning commission; or c) action by the city council. (Ord. 961, 2-7-2005) 4-9-4: REFERENCE TO PLANNING COMMISSION: Every proposed official map or change in a map shall be referred to the planning commission for advice and recommendation thereon, and such recommendation shall be submitted to the city council within forty five (45) days after reference to the planning commission, along with the report of the commission on the effect of the proposal on the comprehensive plan of the city. If no recommendation is received by the council from the planning commission within forty five (45) days after reference of the proposal to the commission by the council, the council may take such action as it may deem proper upon the proposal without further action by the planning commission. (Ord. 961, 2-7-2005) 4-9-5: NOTICE AND HEARING: (A)Notice: Upon receiving the recommendation of the planning commission or after forty five (45) days from the submission of the proposal to the planning commission without a recommendation from the commission, the council may call a public hearing on the proposal. A notice of the time,place, and purpose of the hearing and a description of property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten(10) days prior to the date of the hearing. At least ten (10) days prior to the hearing, the clerk'shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice,the owners shall be determined by the records of the county auditor and the notice shall be addressed to the last known address as shown by the auditor's records. Failure to serve any such notice shall not invalidate the proceedings. (B)Hearing: At the time and place specified in the notice,the council shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time without further notice. The council may direct the planning commission to conduct a hearing and following the hearing to report its recommendation to the council. (Ord. 961, 2-7-2005) 4-9-6: PREPARATION AND FILING OF MAPS: The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas, a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a licensed land surveyor. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates, together with an attached copy of the ordinance, shall be filed with the county recorder. (Ord. 961, 2-7-2005) 4-9-7: EFFECT: After an official map has been adopted and filed, the issuance of building permits by the city shall be subject to the provisions of this chapter. The city shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within any area designated on the official map for street or other public purposes, or within required setback from mapped streets. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the city, the city is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the city any right,title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the city to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. (Ord. 961, 2-7-2005) 4-9-8: APPEALS: Whenever a building permit is denied pursuant to this chapter, the board of appeals and adjustments shall, upon appeal filed with it by the owner of the land, grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the board finds,upon the evidence and the arguments presented to it: a) that the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or b)that balancing the interest of the city in preserving the integrity of the official map and of the comprehensive city plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. The board of appeals and adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten(10) days before the hearing. If the board authorizes the issuance of a permit, it shall specify the exact location, ground area,height, and other details as to the extent and character of the building for which the permit is granted. If the board authorizes issuance of a permit, the council or other board or commission having jurisdiction shall have six(6)months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the city shall issue the permit if the application otherwise conforms to local ordinances. (Ord. 961, 2-7-2005) 4-9-9: ADOPTION OF MAPS: Language for adoption of official maps shall be as follows: ADOPTION OF MAP[fill in description] : The map entitled "Official Map of", a copy of which is attached to Ordinance No. and incorporated herein by reference, is hereby adopted and designated as the Official Map of. (Ord. 961, 2-7-2005) Lakeville (Its own Chapter within the Building Regulations Title of the Ordinance) Chapter 7 9-7-1: PURPOSE: Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to nonpublic uses which would have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this chapter to provide a uniform procedure for the proper use of official maps as authorized by the Minnesota municipal planning act, Minnesota statutes chapter 462. (Ord. 760, sec. 1, 3-15-2004) 9-7-2: OFFICIAL MAP DEFINED: "Official map", as used in this chapter, means a map adopted in accordance with this chapter showing existing streets, proposed future streets, and the area needed for widening of existing streets of the city. An official map may also show the location of existing and future land and facilities within the city. An official map may cover the entire city or any portion of the city. (Ord. 760, sec. 1, 3-15-2004) 9-7-3: INITIATION OF PROCEEDINGS: Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by: A.A recommendation of the planning commission; or B.Action by the city council on its own initiative,recommendation of an advisory commission, or request of an outside governmental body. (Ord. 760, sec. 1, 3-15-2004) 9-7-4: SKETCH MAPS AND REPORTS: Every proposal or request for an official map or its amendment or repeal, however initiated, shall be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served. (Ord. 760, sec. 1, 3-15-2004) 9-7-5: REFERENCE TO PLANNING COMMISSION: Except when proceedings have been initiated by recommendation of the planning commission, every proposed official map or change in a map shall be referred to the planning commission for advice and recommendation thereon, and such recommendation shall be submitted to the city council within forty five (45) days after reference to the planning commission along with the report of the commission on the effect of the proposal on the comprehensive plan of the city. If no recommendation is received by the council from the planning commission within forty five (45) days after reference of the proposal to the commission by the council,the council may take such action as it may deem proper upon the proposal without further action by the planning commission. (Ord. 760, sec. 1, 3-15-2004) 9-7-6: NOTICE AND HEARING: A.Notice: Upon receiving the recommendation of the planning commission or after forty five (45) days from the submission of the proposal to the planning commission without a recommendation from the commission,the council may call a public hearing on the proposal. A notice of the time, place and purpose of the hearing and a description of property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten(10) days prior to the date of the hearing. At least ten(10) days prior to the hearing the clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice,the owners shall be determined by the records of the city's geographic information system (GIS) and the notice shall be addressed to the last known address as shown by the auditor's records. Failure to serve any such notice shall not invalidate the proceedings. B.Hearing: At the time and place specified in the notice, the council shall hear evidence and arguments concerning the proposal. The hearing may be continued, from time to time, without further notice. The council may direct the planning commission to conduct a hearing and following the hearing to report its recommendation to the council. (Ord. 760, sec. 1, 3-15-2004) 9-7-7: PREPARATION AND FILING OF MAPS: The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the county recorder. (Ord. 760, sec. 1, 3-15-2004) 9-7-8: EFFECT: After an official map has been adopted and filed, the issuance of building permits by the city shall be subject to the provisions of this chapter. The city shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within an area designated on the official map for street or other public purposes. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the city, the city is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the city any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the city to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. (Ord. 760, sec. 1, 3-15- 2004) 9-7-9: APPEALS: Whenever a building is denied pursuant to this chapter, the board of appeals and adjustments shall, upon appeal filed with it by the owner of the land, grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the board finds, upon the evidence and the arguments presented to it: A.The entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or B.Balancing the interest of the city in preserving the integrity of the official map and of the city's comprehensive plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by consideration of justice and equity. The board of appeals and adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten (10) days before the hearing. If the board authorizes issuance of a permit, it shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit is granted. If the board authorizes issuance of a permit, the council or other board or commission having jurisdiction shall have six (6)months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time,the city shall issue the permit if the application otherwise conforms to local ordinances. (Ord. 760, sec. 1, 3-15-2004) 9-7-10: PUBLICATION AND FILING: The city clerk is hereby authorized and directed to publish this chapter in accordance with law and to file a certified copy of this chapter in the office of the county recorder. (Ord. 760, sec. 1, 3-15-2004) 9-7-11: ADOPTION OF MAP-C.S.A.H. 50/C.S.A.H. 5: The map entitled "C.S.A.H. 50/C.S.A.H. 5 official map", a copy of which is on file with the city clerk and made a part of this section by reference, showing existing streets, proposed future streets, and the area needed for widening existing streets within the city is hereby adopted and designated as the official map of the portion of the city shown on the map. (Ord. 760, sec. 1, 3-15-2004) 9-7-12: ADOPTION OF MAP; INTERSTATE HIGHWAY 35/KENRICK AVENUE OFFICIAL MAP: The map entitled "Interstate Highway 35/Kenrick Avenue Official Map" a copy of which is on file with the city clerk and made part of this section by reference, showing the existing streets and highways, and the area needed for future improvements to Interstate 35 including a future park and pool and park and ride parking facility within the city is hereby adopted and designated as the official map of the portion of the city shown on the map. (Ord. 781, sec. 1, 2-22-2005) Chanhassen(An Article within Planning and Development Chapter) Article III *Cross references: Buildings and building regulations, Ch. 7; parks and recreation, Ch. 14; streets and sidewalks, Ch. 17; subdivisions, Ch. 18; municipal water supply and distribution system, § 19-16 et seq.; municipal sanitary disposal and treatment systems, § 19-41 et seq.; zoning, Ch. 20; amendment of zoning map, § 20-41; zoning map, § 20- 202. Sec. 15-20. Purpose. Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to nonpublic uses which would have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this article to provide a uniform procedure for the proper use of official maps as authorized by the Minnesota Municipal Planning Act, M.S. §§ 462.351 to 462.364. (Ord. No. 104, § 1, 5-22-89; Ord. No. 354, § 2, 1-24-03) Sec. 15-21. Official map defined. "Official map," as used in this article, means a map adopted in accordance with this article showing existing streets,proposed future streets, and the area needed for widening of existing streets of the city. An official map may also show the location of existing and future land and facilities within the city. An official map may cover the entire city or any portion of the city. (Ord. No. 104, § 1, 5-22-89) Sec. 15-22. Initiation of proceedings. Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by: (1) A recommendation of the planning commission; or (2) Action by the city council on its own initiative, recommendation of an advisory commission, or request of an outside governmental body. (Ord. No. 104, § 1, 5-22-89) Sec. 15-23. Sketch maps and reports. Every proposal or request for an official map or its amendment or repeal, however initiated, shall be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served. (Ord. No. 104, § 1, 5-22-89) Sec. 15-24. Reference to planning commission. Except when proceedings have been initiated by recommendation of the planning commission, every proposed official map or change in a map shall be referred to the planning commission for advice and recommendation thereon, and such recommendation shall be submitted to the city council within 45 days after reference to the planning commission along with the report of the commission on the effect of the proposal on the comprehensive plan of the city. If no recommendation is received by the council from the planning commission within 45 days after reference of the proposal to the commission by the council, the council may take such action as it may deem proper upon the proposal without further action by the planning commission. (Ord. No. 104, § 1, 5-22-89) Sec. 15-25. Notice and hearing. (a) Notice. Upon receiving the recommendation of the planning commission or after 45 days from the submission of the proposal to the planning commission without a recommendation from the commission, the council may call a public hearing on the proposal. A notice of the time,place and purpose of the hearing and a description of property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten days prior to the date of the hearing. At least ten days prior to thehearing the clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice,the owners shall be determined by the records of the county auditor and the notice shall be addressed to the last known address as shown by the auditor's records. Failure to serve any such notice shall not invalidate the proceedings. (b) Hearing. At the time and place specified in the notice, the council shall hear evidence and arguments concerning the proposal. The hearing may be continued, from time to time, without further notice. The council may direct the planning commission to conduct a hearing and following the hearing to report its recommendation to the council. (Ord. No. 104, § 1, 5-22-89) Sec. 15-26. Preparation and filing of maps. The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. After enactment of any ordinance adopting an official map or amending or repealing a previous office map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the county recorder. (Ord. No. 104, § 1, 5-22-89) Sec. 15-27. Effect. After an official map has been adopted and filed, the issuance of building permits by the city shall be subject to the provisions of this article. The city shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within an area designated on the official map for street or other public purposes. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquiredby the city,the city is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the city any right, title, or interest in areas identified for public purposes thereon,but the adoption of the map does authorize the city to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. (Ord. No. 104, § 1, 5-22-89) Sec. 15-28. Appeals. Whenever a building permit is denied pursuant to this article, the board of appeals and adjustments shall, upon appeal filed with it by the owner of the land, grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the board finds, upon the evidence and the arguments presented to it: (a) That the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or (b) That, balancing the interest of the city in preserving the integrity of the official map and of the comprehensive city plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. The board of appeals and adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten days before the hearing. If the board authorizes issuance of a permit, it shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit is granted. If the board authorizes issuance of a permit, the council or other board or commission having jurisdiction shall have six months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the city shall issue the permit if the application otherwise conforms to local ordinances. (Ord. No. 104, § 1, 5-22-89) Sec. 15-29. Reserved. Editor's note: Ord. No. 354, § 3, adopted Nov. 24, 2003, repealed § 15-29, which pertained to publishing and filing of this article and derived from Ord. No. 104, § 1, adopted May 22, 1989. Sec. 15-30. Adoption of map--Highway 101. The map entitled "Official Map of Highway 101," a copy of which is attached to Ordinance No. 105 and made a part of this section by reference, showing existing streets, proposed future streets, and the area needed for widening existing streets within the city is hereby adopted and designated as the official map of the portion of the city shown on the map. (Ord. No. 105, § 1, § 7-24-89) Cross references: Streets and sidewalks, Ch. 17. Sec. 15-31. Same--Highway 212. The map entitled "Official Map of Highway 212," a copy of which has been prepared by the Minnesota Department of Transportation and is available for inspection at city hall, showing existing streets, proposed future streets, and the area needed for widening existing streets within the city is hereby adopted and designated as the official map of the portion of the city shown on the map. (Ord. No. 114, § 1, 12-4-89) Plymouth(A Section within Chapter V. Subdivision Regulations) Section 532—Official Maps 532.01. Purpose. Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to non-public uses which could have been located on other lands without hardship or inconvenience to the owners. When this happens,public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this ordinance to provide a uniform procedure for the proper use of official maps as authorized by the Minnesota Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.36. 532.03. Official Map Defined. "Official map" as used in this ordinance means a map adopted in accordance with this ordinance showing existing streets, proposed future streets, and the area needed for widening of existing streets of the City. An official map may also show the location of existing and future land and facilities within the City. An official map may cover the entire City or any portion of the City. 532.05. Initiation of Proceedings. Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by 1)the City's Planning Division; 2) a recommendation of the Planning Commission; or 3) action by the City Council. 532.07. Reference to Planning Commission. Every proposed official map or change in a map shall be referred to the Planning Commission for advice and recommendation thereon, and such recommendation shall be submitted to the City Council within forty-five (45) days after reference to the Planning Commission along with the report of the Commission on the effect of the proposal on the comprehensive plan of the City. If no recommendation is received by the Council from the Planning Commission within forty-five (45) days after reference of the proposal to the Commission by the Council, the Council may take such action as it may deem proper upon the proposal without further action by the Planning Commission. 532.09. Notice and Hearing. Subd. 1. Notice. Upon receiving the recommendation of the Planning Commission or after forty-five (45) days from the submission of the proposal to the Planning Commission without a recommendation from the Commission,the Council may call a public hearing on the proposal. A notice of the time,place, and purpose of the hearing and a description of property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten(10) days prior to the date of the hearing. At least ten(10) days prior to the hearing the Clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice the owners shall be determined by the records of the County Auditor and the notice shall be addressed to the last known address as shown by the Auditor's records. Failure to serve any such notice shall not invalidate the proceedings. Plymouth City Code 532.09, Subd. 2 Subd. 2. Hearing. At the time and place specified in the notice, the Council shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time without further notice. The Council may direct the Planning Commission to conduct a hearing and following the hearing to report its recommendation to the Council. 532.11 Preparation and Filing of Maps. The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a licensed land surveyor. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the County Recorder. 532.13. Effect. After an official map has been adopted and filed, the issuance of building permits by the City shall be subject to the provisions of this ordinance. The City shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within any area designated on the official map for street or other public purposes. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the City, the City is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the City any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the City to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. 532.15. Appeals. Whenever a building permit is denied pursuant to this ordinance, the Board of Appeals and Adjustments shall, upon appeal filed with it by the owner of the land, grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the Board finds, upon the evidence and the arguments presented to it, (a)that the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or (b) that balancing the interest of the City in preserving the integrity of the official map and of the comprehensive City plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. The Board of Appeals and Adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten(10) days before the hearing. If the Board authorizes the issuance of a permit, it shall specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted. If the Board authorizes issuance of a permit,the Council or other Board or Commission having jurisdiction shall have six (6) months from the date of the decision of the Board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the City shall issue the permit if the application otherwise conforms to local ordinances. (Ord. 2003-15, 06/10/2003) Eden Prairie (A Section within Chapter 11 Land Use Regulation (Zoning)) SECTION 11.80 OFFICIAL MAP. There is adopted pursuant to Minnesota Statutes, #462.359 (1986), the Official Map entitled, "Minnesota Department of Transportation S. P. 2762 (T.H. 212) Official Map West Hennepin County Line to Junction of T.H. 5 and T.H. 494" on file and open to public inspection in the office of the City Manager, which Official Map contains a description of the future layout of State Highway 212 through the City and the lands which will be affected by reason thereof. Source: Ordinance No. 63-88 Effective Date: 1-19-89 394.361 OFFICIAL MAP. Subdivision 1. Future public uses. Land that is needed for future street and highway purposes, or for aviation purposes, and as sites for other necessary public facilities and services is frequently diverted to nonpublic uses that could have been located on other lands without hardship or inconvenience to the owners. When this happens,public uses of land may be denied or may be obtained later only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on official maps of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made that will make adjustments difficult to accomplish. Subd. 2. Development; hearings, adoption, filing. The planning commission may develop and recommend for adoption by the board official maps and amendments thereto covering all or any portion of the unincorporated area of the county. Public hearings on proposed official maps and amendments thereto shall be held in accordance with section 394.26. The official map may be adopted and amended by ordinance by the board. All official maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall have been made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by the county surveyor. Copies of official maps and amendments shall be filed in accordance with section 394.35. One copy of the official map shall be furnished to the town clerk of each affected town. Subd. 3. Effect. After an official map has been adopted and filed, the issuance of land use or zoning permits or approvals by the county is subject to the provisions of this section. Whenever any street or highway is widened or improved or any new street is opened, or interests in lands for other public purposes,including aviation purposes, are acquired by the county,it is not required in such proceedings to pay for any building or structure placed without a permit or approval or in violation of conditions of a permit or approval within the limits of the mapped street or highway or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes,including aviation purposes. The adoption of official maps does not give the county any right, title, or interest in areas identified for public purposes thereon, but the adoption of a map does authorize the county to acquire these interests without paying compensation for buildings or structures erected in those areas without a permit or approval or in violation of the conditions of a permit or approval. This subdivision does not apply to buildings or structures in existence prior to the filing of the official map. Subd. 4. Board of adjustment role. If a permit for a building in such location is denied, the board of adjustment shall have the power,upon appeal by the owner of the land to authorize the issuance of a permit for building in such location in any case in which the board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the appellant of which such area identified for public purposes forms a part cannot be put to a reasonable use by the owner unless such a permit is granted, and (b) that balancing the interest of the county in preserving the integrity of the official map and the comprehensive plan and interest of the owner of the property in the use of the property and in the benefits of ownership, the issuance of such permit is required by considerations of justice and equity. Prior to reaching a decision upon the appeal,public hearings shall be held in accordance with section 394.26. If the board of adjustment authorizes the issuance of a permit the board shall have six months from the date of the decision of the board of adjustment to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the officer responsible shall issue a permit in accordance with the conditions stated in the authorization specifying the exact location, ground area, height and other details as to the extent and character of the building for which the permit is granted. History: 1974 c 571 s 44; 1986 c 444; 1995 c 254 art 3 s 5;2005 c 41 s 14,15 r t ROSEIVIOLINT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: March 20, 2007 AGENDA ITEM: Approval of Interfund Loan Transfer AGENDA SECTION: Consent PREPARED BY: Kim Lindquist, Community Development AGENDA NO. Director ATTACHMENTS: Draft Resolution APPROVED BY: RECOMMENDED ACTION: Motion to approve draft Resolution ISSUE As part of the Downtown redevelopment process the City has purchased several properties on a willing seller basis. In October 2004, the City Council authorized an interfund loan for$2,000,000 to land acquisition. Again in February, 2006, the City Council authorized an interfund loan for$300,000 for the purchase of the Genz Ryan property. Additional funds are needed to cover acquisitions that have been authorized by the Port Authority relating to downtown redevelopment. Staff continues to talk with other property owners in the Core Block East. It may be that additional funds will need to be transferred to cover future acquisition of funds. These are not considered in the current request. It is anticipated these future acquisitions, due to timing, may prompt short term internal loans. Staff is exploring options for long-term financing for future property acquisition and will be meeting with consultants in the near future. This item will be discussed with the Port Authority in the near future. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION APPROVING THE TERMS OF $700,000 PRINCIPAL INTERNAL LOAN IN CONNECTION WITH THE DOWNTOWN- BROCKWAY TAX INCREMENT FINANCING DISTRICT WHEREAS, the City has heretofore approved the establishment of the Downtown-Brockway Tax Increment Financing District (the"TIF District") within the Rosemount Redevelopment Project (the "Project"), and has adopted a Tax Increment Financing Plan (the "TIF Plan") for the purpose of financing certain improvements within the project. WHEREAS, the City has determined to pay for certain costs identified in the TIF Plan consisting of land/building acquisition,site improvements/preparation,environmental remediation,public utilities, parking facilities,streets and sidewalks,interest,administrative costs (collectively,the Qualified Costs"), which costs will be financed on a temporary basis from City funds available for such purposes, and WHEREAS,under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally made,in order to finance the Qualified Costs; and WHEREAS,the City intends to reimburse itself for the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "TIF Loan"); and NOW,THEREFORE,BE IT RESOLVED,the Council of the City of Rosemount hereby approves the TIF Loan with the following terms. The city shall repay to the City fund from which the Qualified Costs are initially paid,the principal amount of$700,000 together with interest at the rate of 4%;and a 4%interest rate for each calendar year during the term of the TIF Loan; and BE IT FURTHER RESOLVED, that the term of this loan shall be twenty years from the date of distribution and the interest shall accrue to principal on a semi-annual basis on each June 1st and December 1st; and BE IT FURTHER RESOLVED that the term of the internal loans approved by resolution 2004- 128A and 2006-09 shall be twenty years from the date of distribution; and BE IT FURTHER RESOLVED, that the payments on this TIF Loan are payable solely from "Available Tax Increment,"which shall mean,on each Payment Date,all of the tax increment generated in the preceding six (6) months with respect to the property within the TIF District [or name other districts] and remitted to the City by Dakota County,all in accordance with Minnesota Statutes,Sections 469.174 to 469.1799, all inclusive, as amended. Payments on this TIF Loan are subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment,and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment; and BE IT FURTHER RESOLVED, that the principal sum and all accrued interest payable under this TIF Loan are pre-payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this TIF Loan; and RESOLUTION 2007- BE IT FURTHER RESOLVED,that this TIF Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This TIF Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof,including,without limitation,the City. Neither the State of Minnesota,nor any political subdivision thereof shall be obligated to pay the principal of or interest on this TIF Loan or other costs incident hereto except out of Available Tax Increment,and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this TIF Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the TIF Loan or accrued interest thereon,which may remain unpaid after the final Payment Date;and BE IT FURTHER RESOLVED,that the City may amend the terms of this TIF Loan at any time by resolution of the City Council,including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. ADOPTED this 20th day of March, 2007,by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Motion by: Second by: Voted in favor: Voted against: Member absent: 2 ROSEMOUNT EXECUTIVE U SUMMARY CITY COUNCIL City Council Regular Meeting: March 20, 2007 AGENDA ITEM: Case 06-67-SP, 06-68-LC, 06-69-CON Rosemount Business Center Lot AGENDA SECTION: Combination, Rezoning, and Planned Consent Unit Development Master Development Plan and Final Development Plan PREPARED BY: Eric Zweber, AICP; Senior Planner AGENDA NO. (0.0. ATTACHMENTS: Continuation Request. APPROVED BY: RECOMMENDED ACTION: Motion to continue the Rosemount Business Center Lot Combination, Rezoning, and Planned Unit Development Master Development Plan and Final Development Plan. ISSUE Rosemount Business Center,LLC has requested a continuance of their proposal to the April 3, 2007 City Council meeting. Rosemount Business Center,LLC has cancelled their purchase agreement with Ron Carlson for the two parcels of land at Chippendale Ave and Carrousel Way. Another applicant has contacted the City this week regarding these properties. It is anticipated that Rosemount Business Center, LLC will withdrawal their application before the April 26, 2007 deadline for the 120 day review. For these reasons, staff is recommending that the City Council continue the Rosemount Business Center,LLC request without specifying a date. RECOMMENDATION • Staff recommends a motion to continue the Rosemount Business Center Lot Combination, Rezoning,and Planned Unit Development Master Development Plan and Final Development Plan without setting a specific date. Page 1 of 1 Zweber,Eric From: Daniel Huntington [matdan@frontiernet.net] Sent: Monday, March 12, 2007 3:45 PM To: Zweber,Eric Subject: Rosemount Business Center Hi Eric, We are still in the decision process on the Rosemount Business Center project so can we continue it until the April 3 council meeting. Thanks Dan 3/16/2007 ROSEVIOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: March 20, 2007 AGENDA ITEM: Property Acquisition, 14300 Cameo AGENDA SECTION: Avenue Consent PREPARED BY: Kim Lindquist, Community Development AGENDA NO. (D. . Director `lp ATTACHMENTS: Site Map, Purchase Agreement APPROVED BY: RECOMMENDED ACTION: Motion to approve the purchase agreement for 14300 Cameo Avenue. DISCUSSION Attached is a purchase agreement for the property at 14300 Cameo Avenue. The property is located west of the St.Joseph's property and new library site on the northeast corner of Cameo Avenue and 143rd 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 but one of the property owners and there has been interest expressed by some of the owners. This property is important to acquire as it allows for more flexibility when the City transforms the St.Joes site, based upon the existing task force future recommendation. The proposed purchase price for the home is $259,900.00. Dan Wilson,Wilson Development Services, arrived at this price based upon reviewing 10 comparable home sales in the last 6 months. The current owner is interesting in closing as soon as possible although title work must be completed prior to closing. They are looking for a closing date of April 10, 2007 with possession to the City on the 16t, allowing the owner time to move their belongings into their new home. In terms of relocation costs, the purchase price is recognized as comparable housing and therefore no differential replacement housing payment is necessary. However, the seller is entitled to receive incidental closing and personal property moving costs. This figure is unknown at this time. CONCLUSION Staff recommends approval of the purchase agreement. 14300 Cameo Avenue 143RD ST W krf 1 3oe's H R'r W rrw7 Site Cityi-{etll 145TH ST W D PIN#34-66500-011-00 PURCHASE AGREEMENT THIS AGREEMENT, made and entered in this day of 2007, by and between, Gregory A. and Debra J. Zippel, a married couple, ("Seller"), and the City 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 14300 Cameo Ave., Rosemount, MN 55068 legally described as follows: Lot 1 ex E6 feet of lot 1 School Addition 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 Manner of Payment. The total purchase price ("Purchase Price") to be paid by Purchaser to Seller for the Subject Premises shall be Two Hundred, Fifty-Nine Thousand, Nine Hundred and no/100 Dollars ($259,900.00). The purchase price shall be paid as follows: a) Earnest money: None b) Two Hundred, Fifty- Nine Thousand, Nine Hundred and no/100 Dollars ($259,900.00) to be paid in cash on the date of closing. 3. Salvage Rights. None 4. As-Is-Basis. It is specifically agreed that the Real Property is being conveyed to the 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. Zippel Purchase Agreement Page 1 of 8 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 15 days thereafter the Purchaser shall give notice in writing to the Seller of any defects in or objections to the title as so evidenced and Seller shall thereafter clear the title of the defects and objections so Zippel Purchase Agreement Page 2 of 8 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. (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. Zippel Purchase Agreement Page 3 of 8 (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 the 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 closing. 8. Closing. The date on which the closing of the transaction herein described shall occur (which date 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 place at the office of City of Rosemount or at such reasonable location as may be agreed upon by Purchaser and Seller. 9. Possession. The Seller agrees to deliver possession of the Subject Premises immediately after closing. 10. 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. (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. Zippel Purchase Agreement Page 4 of 8 1 (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. Closing 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 (f). Abstract. A registered Property Abstract or Abstract of Title certified to date. (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. Zippel Purchase Agreement Page 5 of 8 r 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: Gregory and Debra Zippel 14300 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. 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. Zippel Purchase Agreement Page 6 of 8 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 14374 Dawson Place, Rosemount currently listed for $259,900 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. Zippel Purchase Agreement Page 7 of 8 f IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. SELLERS: Dated: BY Gregory A. Zippel Dated: BY Debra J. Zippel PURCHASER: City of Rosemount Dated: BY Dated: Attest: Date of Final Acceptance Zippel Purchase Agreement Page 8 of 8 • ROSEN4ELINTEXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: March 20, 2007 AGENDA ITEM: Case 07-07-TF, 07-08-CUP Northern Natural Gas Transmission Facility and AGENDA SECTION: Conditional Use Permit New Business PREPARED BY: Eric Zweber, AICP; Senior Planner AGENDA NO. 61•b. ATTACHMENTS: Pipeline Project Map, Project Description Narrative, Construction Timeline, Work Area Aerials, AAA Auto Parts Survey, Pipeline Junction Site Plan and Details, Parks and Recreation Director's APPROVED BY: Memorandum dated February 20, 2007, City Engineer's Memorandum dated February 22, 2007, Excerpt from the February 27, 2007 Planning Commission Minutes RECOMMENDED ACTION: Motion to adopt a Resolution approving the Transmission Facility Permit and the Conditional Use Permit for Northern Natural Gas Company to install a Gas Pipeline and Related Facilities. ISSUE Northern Natural Gas Company (NNG) is conducting upgrades to a number of pipelines and pipeline facilities throughout Minnesota and other Midwest states. This type of construction activity requires a conditional use permit (CUP) and a transmission facility permit. Prep work is expected to begin in March with pipeline construction occurring from May through October. PLANNING COMMISSION DISCUSSION A number of residents spoke at the public hearing regarding the compensation that they are being offered by NNG and the requests for additional easements for staging areas. Staff indicated to the residents that these are issues that are exempt from local control and that those issues are addressed through the federal permit process. The Planning Commission discussed the alternatives of unloading pipe and material on Connemara Trl or at the NNG owned lot on Belmont Trl. The Planning Commission elected to recommend the allowance of unloading at the Belmont Trl lot with the staff recommended conditions. SUMMARY Northern Natural Gas Company (NNG) is conducting upgrades to a number of pipelines and facilities throughout Minnesota and other Midwest states. In Rosemount, this includes the installation of a 24" natural gas pipeline adjacent to the existing 18" pipeline running from the Cty Rd 46 and Mn Hwy 3 to the corner of Bacardi Ave and 135th Street. This construction will occur through a predominately light industrial and agricultural area between Cty Rd 46 and Cty Rd 42 and through a developed residential area between Cty Rd 42 and 135th Street. NNG will also be conducting a number of smaller equipment replacements within Rosemount,include replacing service equipment on 130th Street just north of Keegan Lake, and replacement of a 16" gas pipeline on the south side of 120th Street about '/z mile west of Dodd Blvd. INSTALLATION OF THE 24 INCH NATURAL GAS PIPELINE The gas pipeline will be installed by Michels Pipeline Company. The installation of the 24" gas pipeline will generally follow the following methods: 1. Michels will bore under all public streets and the Union Pacific rail line. No public streets will be ripped up or closed for an extended period of time. Flag men will be located at the public streets when temporary street closures are warranted. 2. Pipe sections will be brought into construction sites as needed. NNG has acquired an industrial lot with rail access in Randolph,MN where pipe sections will be stored. Michels will truck the pipe to Rosemount as needed to limit the amount stored at the job sites. 3. Prep work will begin in March which will include removing fence, structures, or other objects within the pipeline construction area. Michels will be installing safety fencing along the perimeter of the workspace easements during this time. 4. Construction between Cty Rd 46 and Cty Rd 42 will occur between April and July. This area is identified as the "Agricultural Land" on the Michels construction timeline. The new 24 inch pipeline will be installed approximately 25 feet east of the existing 18" pipeline. The construction method will entail digging the trench, placing the dirt on one side of the trench. The pipe sections,will be laid,welded,inspected, and coated on the ground on the other side of the trench from the dirt piles. Once the pipeline is completely assembled, the pipe will be laid in the trench and covered. 5. Construction between Cty Rd 42 and 135th Street West will occur between May and October. This area is identified as the "Residential Land" on the Michels construction timeline. The new 24 inch pipeline will be installed approximately 10 feet east of the existing 18" pipeline to limit the disturbance to the residential lots. The construction method in this section will be done by the "stove pipe method". This method will entail digging the trench,placing the dirt on one side of the trench. The pipe sections,will be laid,welded,inspected, and coated within the trench itself. Performing this work within the trench will reduce the width of the construction easement, further reducing the impact to the residential lots. Once the pipeline is completed,it will be covered. 6. Each resident within the "Residential Land" can expect 30 days of activity on their property from the initial construction activity to the backfilling of the pipeline. In addition to the perimeter safety fencing, all open trenches will be surrounded by safety fencing at the end of each work day. Completed restoration activities will typically occur within 78 days from the initial date of entry onto the property. NNG has provided a list of uses and construction activities the areas identified as "temporary work space" and"staging area": Temporary Work Space Usage 1. Access to the pipeline right-of-way for all construction equipment and materials. 2. Storage of spoil piles during Horizontal Boring and/or Horizontal Directional Drilling operations. 3. Possible placement of drilling and boring equipment during these activities. 4. Welding and small assembly fabrication activities. 5. Equipment parking and daily maintenance. 6. Parking for construction personnel vehicles. 2 Staging Area Usage 1. Access to the pipeline right-of-way for all construction equipment and materials. 2. Welding and fabrication activities. 3. Equipment parking and daily maintenance. 4. Parking for construction personnel vehicles. 5. Unloading and storage of pipe coating materials and right-of-way restoration materials such as sod, seed and plants. 6. Staging areas would be used for unloading and/or loading of pipeline equipment, assembly and/or disassembly of pipeline equipment (dozers with side-booms, excavators, etc.). Cty Rd 46(160`h Street) Michels will have an approximately 3 acre staging area south of the pipeline crossing at Cty Rd 46. This staging area is within Empire Township and therefore out of our jurisdiction. Michels will be boring the pipeline under Cty Rd 46 and will be using a 15,000 square foot temporary work space site on the north site for the boring pit, construction equipment, and dirt stockpile. AAA Auto Parts and U Pull R Parts The NNG pipeline runs through the AAA Auto Parts and U Pull R Parts site generally from the southwest to northeast. Currently, the pipeline easement is being used for the storage of cars that customers access for parts. NNG is requesting that a site on the property directly to the west (which is also owned by the owners of AAA Auto Parts and U Pull R Parts) be used to store the cars that will need to be moved to install the pipeline. The temporary storage area will be screened by a fence similar to the existing screening fence and access to the cars will be provided to the public through a gate placed within the existing U Pull R Parts site. The public will not be able to access the site other than through the U Pull R Parts site. Staff suggests that the following conditions be placed on this temporary storage. The conditions are based upon the plans and representations given by the applicant: 1. The temporary storage area is limited to the 200 foot by 500 foot area shown on the site plan. 2. A screening fence similar in height, color,material,and opacity is installed before any cars are placed in the temporary storage area. 3. Access to the temporary storage area is provided only through the U Pull R Parts site. 4. The temporary storage area is only allowed between April 1, 2007 and August 15,2007. The temporary area shall be restored to the condition previous to its installation by August 16, 2007. 5. The temporary storage area shall be inspected by staff from the Dakota County Environmental Management department upon restoration by the applicant. Any work required by Dakota County will be the sole responsibility of the applicant and must be completed by December 31,2007. Rosemount Business Park Work within the agricultural area will occur completely within the 100 foot wide temporary workspace easement surrounding the pipeline. Within the Rosemount Business Park, Michels will be boring under Boulder Trail, 151st Ct.W., and Biscayne Ave. NNG has identified areas adjacent to these streets for temporary work space for the boring activities to occur. Cty Rd 42 NNG will be obtaining road crossing permits from Dakota County for both the Cty Rd 42 and the Cty Rd 46 crossings. Both crossings will be bored. Cty Rd 42 is the boundary between the agricultural area and the residential area for construction methods. 3 145`h Street West The crossing of 145th Street West will be directional bored near the intersection with Cty Rd 42 and additional temporary work space has been identified on both side of the street. Construction equipment and pipe sections to be placed within the easements behind the residences will access the easements via the temporary work spaces identified adjacent to 145th Street West. Bloomfield Path, Bloomfield Park, and the Union Pacific Rail Line The crossings of Bloomfield Path and the rail line will be directional bored and additional temporary work space has been identified on both sides of the street and the rail line. Construction equipment and pipe sections to be placed within the easements behind the residences south of Bloomfield Path will access the easements via the temporary work spaces identified adjacent to Bloomfield Path. Due to the length of the boring underneath the Union Pacific rail line, the boring will need to occur 25 feet east of the existing pipeline. Michels will be increasing the separation between the pipelines from 10 feet to 25 feet within Bloomfield Park to allow for the boring under the rail line. Construction areas within Bloomfield Park have been selected to allow the continued use of the active recreation areas of the park, such as the tennis courts, basketball court, soccer fields, etc. Construction activity within the park will bisect the park, and pedestrian activity between the two sections will need to occur via the sidewalk along Bloomfield Park. All infrastructure and landscaping removed from Bloomfield Park will need to be restored and replaced upon completion of the pipeline project,including a one year warranty period. A letter of credit for 110% of the value of the infrastructure and landscaping shall be submitted to the City before work commences and shall be effective until the expiration of the warranty period. The City will receive compensation for the use of City-owned land as temporary work space or any additional easements acquired. Biscayne Point 4th Addition, the NNG-owned Residential Lot, and Connemara Trl The crossing of Connemara Trl will be directional bored near the intersection with Cty Rd 42 and additional temporary work space has been identified on both sides of the street. Construction equipment and pipe sections to be placed within the easements behind the residences south of Connemara Trl and the north boring pit for the rail line crossing will access the easements via the temporary work spaces identified adjacent to Connemara Trl. There is an existing line of trees along the shared rear property lines of Biscayne Point 4th Addition residents and the Meadows of Bloomfield residents. The existing 18" pipeline is on the Biscayne Point 4th Addition side of the tree line. To avoid removal of the existing trees NNG and Michels are proposing to conduct the majority of the work within the property of the Biscayne Point 4th Addition residents and is only acquiring a 60 foot wide pipeline easement along the pipeline instead of 100 foot wide easement within the agricultural areas of the pipeline. NNG is concerned that the 60 foot wide easement will not provide the area needed for construction activities within Biscayne Point 4th Addition and has purchased the residential lot at 13960 Belmont Trl to provide additional workspace. During initial conversations with NNG, City staff has informed NNG that the residential lot at 13960 Belmont Trl could not be used for pipeline delivery or off-road construction vehicle access because of the residential nature of the neighborhood and that the fact that Belmont Trl is not constructed to the same weight standards as Connemara Trl. As a result of this conversation,NNG submitted the following uses for 13960 Belmont Trl: 4 1. Access to the pipeline right-of-way for welder trucks,pick-up trucks and other over-the-road vehicles. 2. Welding and small assembly fabrication activities. 3. Equipment parking area (pipe layers, dozers,excavators, and restoration equipment). 4. Parking for construction personnel vehicles (to minimize the parking on public streets). 5. Unloading and storage of materials such as sod, seed and plants. 6. Because the right-of-way is being reduced by 15 feet to save residents' trees,there will not be enough room for construction equipment to pass each other. This area will be used to allow construction equipment to by-pass each other and as a turn-around area for equipment during construction and installation of the pipeline. Staff recommends that additional conditions be placed on the use of 13960 Belmont Trl to include: 1. Installation of a 6 foot high wood privacy fence along the north and south property lines of 13690 Belmont Trl. The fence shall begin 10 feet east of the front property line and end 10 feet west of the 60 foot wide pipeline work space easement. 2. The applicant's contractor shall clean streets of dirt and debris that has resulted from construction work it has conducted. 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. 3. Upon completion of the project, 13690 shall be re-graded to the condition within the Biscayne Point 4th Addition grading plan and sold or transferred as a residential lot. 4. Pipe delivery trucks using Belmont Trl shall be loaded to half capacity. 5. Unload of pipe sections shall only occur on weekdays between 9 am and 3 pm. 6. The unloading of pipe sections shall not occur on more than a total of four calendar days. Rosemount Fire Station, Meadows Park, and 135`h Street The new fire station is located west of the existing 18" pipeline and some of the public parking lot for the fire station is located within the existing pipeline easement. The City entered into a pipeline easement encroachment agreement with NNG when the fire station was constructed that allows NNG to use this area for the installation of new pipelines. NNG has stated that they will not need to remove the fire station parking lot provided that Michels can use the lot at 13690 Belmont Trl to unload pipe sections. The pipeline will extend north from the fire station, through the western edge of Meadows Park, and then will be bored under 135th Street West and additional temporary work space has been identified on both side of the street. Construction activity within Meadows Park will have the same conditions and restrictions as those in Bloomfield Park. OTHER PIPELINE CONSTRUCTION ACTIVITY WITHIN ROSEMOUNT Michels Pipeline Construction Contractors Yard Michels Pipeline Company is proposing a contractor's yard at the Phil's Auto Body site at 2025 135th Street West,which is located at the northwest corner of 135th Street West and Bacardi Ave. The contractor's yard will be used to park employee vehicles;temporarily store materials such as sod, seed,plants, safety fencing, and pipe coating; and maintain and conduct minor repairs on construction equipment. Trucks loaded with pipe sections from Randolph will be staged for delivery to the job site or parked overnight for delivery in the morning, but no pipes will be stored on ground at the contractor's yard. Locating the contractor's yard near the pipeline construction will limit the amount of storage or employee vehicles park at the job sites. 5 Staff recommends the following conditions for the contractor's yard: 1. The contractor's yard may only be used from March 21, 2007 to October 31,2007. 2. No pipe sections may be stored on the ground at the contractor's yard. 3. Overnight semi-truck parking is limited to three trucks. No semi-truck parking is permitted from 7 pm on Saturday until Noon on Sunday. 4. Semi-trucks or other construction vehicles may not enter or exit the site between the hours of 8 pm and 6 am. 5. These conditions do not apply to the areas identified as temporary workspace during the construction of the pipeline and launcher/receiver site. Launcher/Receiver Site on Bacardi Ave NNG currently has a pipeline junction site at the northwest corner of 135th Street West and Bacardi Ave. This site receives the existing 18" pipeline and three other existing pipelines. As a part of this project, NNG will be abandoning this pipeline junction site and constructing a new launcher/receiver site approximately 450 feet north on the west side of Bacardi Ave. The new site will have 250 feet of frontage on Bacardi Ave and be 230 feet in depth. The site will contain a pig receiver, several regulator settings and tie-overs to the three existing pipelines. These structures are approximately 3.5 feet tall and over 50 feet in length, running parallel with Bacardi Ave. The site is proposed and covered with gravel or crushed rock with an access drive and gate in the northeast corner of the site. Staff is concerned with the appearance of the site,particularly since the land across Bacardi Ave was evaluated for residential development within the CSAH 42/Akron AUAR. It is expected that the area will develop within the next ten years. Staff recommends the following conditions be placed upon the pipeline junction site: 1. Northern Natural Gas Company shall submit a site plan for approval by the Community Development Director. 2. The site shall be buffered by a 2 foot high berm with landscaping installed to provide 50% opacity. 3. The access drive and parking area for service vehicles shall be paved and have concrete curb and gutter in accordance with the Parking and Loading Area Standards. Removing the 1 inch Tap at 130`h Street West and Keegan Lake NNG will be removing a 1" tap along 130th Street West,just north of Keegan Lake and west of the Progress rail line. A temporary work space of approximately 35,000 square feet is identified and the work is expected to be complete by October. Replacing 16 inch Gas Pipeline south of 120th Street West Michels will be replacing approximately 1600 feet of 16" pipeline across 120th Street West. About 1000 feet of the pipe is south of 120th St within Rosemount and about 600 feet is north of 120th St within Eagan. The Rosemount replacement will occur complete within one property which is owned by the Morgan Family Limited Partnership. Federal Preemption of Local Zoning Regulations Interstate pipeline construction projects, such as the project proposed by NNG,are subject to the federal Pipeline Safety Act (PSA). The PSA regulates the construction and safety of pipelines and preempts local ordinances. This means that the City cannot regulate the route of the pipeline,prevent the installation of the 6 pipeline, or the construction methods used in its installation. The City can regulate other issues related to the construction of the pipeline, such as public street access to the work sites, contractor's offices and yards, displaced businesses such as AAA Auto Parts, or the appearance of above ground structures such as the pipeline junction site. RECOMMENDATION Motion to recommend that the City Council approve the Transmission Facility Permit and Conditional Use Permit, subject to conditions. 7 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2007 — A RESOLUTION APPROVING THE TRANSMISSION FACILITY PERMIT AND THE CONDITIONAL USE PERMIT (CUP) FOR NORTHERN NATURAL GAS COMPANY TO CONSTRUCT A GAS PIPELINE AND RELATED FACILITIES WHEREAS, the Community Development Department of the City of Rosemount received an application from Northern Natural Gas Company (NNG) requesting a Transmission Facility Permit and Conditional Use Permit (CUP) to construct a 24 inch natural gas pipeline and related facilities, through the City of Rosemount,generally described as: Constructing a 24 inch natural gas pipeline within the existing NNG easement generally running from the intersection of MN HWY 3 and CTY Rd 46 to the intersection of 135th Street West and Bacardi Ave. AND Constructing a launcher/receiver site at approximately 13401 Barcardi Ave. AND Removing a one inch tap from the 16 inch natural gas pipeline at approximately 2550 130th Street West. AND Replacing a 16 natural gas pipeline on the property located at 3445 120th Street West. AND Temporarily expanding AAA Auto Parts at 2871 160th Street West by 100,000 square feet. AND Pipeline assembly at 3690 Belmont Trl. AND Operating a contractor's yard at 2025 135th Street West. WHEREAS, on February 27,2007, the Planning Commission of the City of Rosemount reviewed the Transmission Facility Permit and CUP application for NNG; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve Transmission Facility Permit and CUP application for NNG to construct a 24 inch natural gas pipeline and related facilities through the City of Rosemount, subject to conditions;and WHEREAS, on March 20, 2007, the City Council of the City of Rosemount reviewed the Planning Commission recommendations for the Transmission Facility Permit and CUP. RESOLUTION 2007- NOW,THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Transmission Facility Permit and CUP for NNG to construct a 24 inch natural gas pipeline and related facilities through the City of Rosemount, subject to conditions: 1. Submittal and approval of a City Utility Permit from the City Engineer. `' 2. Conformance with all conditions of the Park and Recreation Director's Memorandum dated I February 20,2007 and the City Engineer's Memorandum dated February 22,2007. 3. Northern Natural Gas Company and Michels Pipeline Construction will coordinate with the City of Rosemount Parks Department to ensure that all ballfields and active recreation sites will be 4usable during the construction activity. 4. Work performed within the"temporary work space"and the"staging area"shall confirm with the usage detail provided within the Northern Natural Gas Company memorandum dated k‘‘?S Janu 30,2007. . All construction and restoration activities shall conform to the City of Rosemount General V Specifications and Standard Detail Plates for Street and Utility Construction. rastructure and landscaping remove--from City property s a stored and replaced upon completion of the pipeline project,including a one year warranty period. A letter of credit for 110% of the value of the infrastructure and landscaping shall be submitted to the City before work commences and shall be effective until the expiration of the one year warranty period. 7. Northern Natural Gas Company shall be responsible for any Arcon Construction claims of cost , 4increases due to delaying Meadows Park restoration and trail construction until after the pipeline project is constructed. 8. The establishment and usage of the temporary storage area for AAA Auto Parts and U Pull R Parts shall conform to the following conditions: a. The temporary storage area is limited to the 200 foot by 500 foot shown on the site plan. b. A screening fence similar in height,color,material,and opacity is installed before any cars are placed in the temporary storage area. c. Access to the temporary storage area is provided only through the U Pull R Parts site. d. The temporary storage area is only allowed between March 21,2007 and August 15,2007. The temporary storage area shall be restored to the condition previous to its installation by August 16,2007. e. The temporary storage area shall be inspected by staff from the Dakota County Environmental Management department upon restoration by the applicant.Any work required by Dakota County will be the sole responsibility of the applicant and must be completed by December 31,2007. 9. Work performed within the residential lot at 13960 Belmont Trl(Lot 17,Block 1 of Biscayne Point 4th Addition) shall conform with the usage detail provided within the Northern Natural Gas Company memorandum dated January 30,2007 and the following conditions: a. Pipe delivery trucks using Belmont Trl shall be loaded to half capacity. b. Unloading of pipe sections shall only occur on weekdays between 9 am and 3 pm. c. The unloading of pipe sections shall not occur on more than a total of four calendar days. 10. Installation of a six (6) foot high wood privacy fence along the north and south property lines o 13690 Belmont Trl. The fence shall begin ten (10) feet east of the front property line and end ten (10) feet west of the sixty(60) foot wide pipeline work space easement. 11. Upon completion of the project, 13690 shall be re-graded to the condition within the Biscayne Point 4th Addition grading plan and sold or transferred as a residential lot. 1,. The The Michels contractor's yard and offices are subject to the following conditions: a. The contractor's yard and offices may only be used from March 21,2007 to October 31, 2007. b� No pipe sections may be stored on the ground at the contractor's yard. 2 RESOLUTION 2007- c. Overnight semi-truck parking is limited to three semi-trucks. No semi-truck parking is permitted from 7 pm on Saturday until Noon on Sunday. d. Semi-trucks or other construction vehicles may not enter or exit the site between the hours of 8 pm and 6 am. e. These conditions do not apply to the areas identified as temporary workspace during the construction of the pipeline and launcher/receiver site. 13. The launcher/receiver site on Bacardi Ave is subject to the following standards: a. Northern Natural Gas Company shall submit a site plan for approval by the Community Development Director. b. The site shall be buffered by a two (2) foot high berm with landscaping installed to provide 50% opacity. c. The access drive and parking area for service vehicle shall be paved in accordance with the Parking and Loading Area Standards. ADOPTED this 20th day of March, 2007 by the City Council of the City of Rosemount. William H. Droste,Mayor ATTEST: Amy Domeier, City Clerk Motion by: Second by: Voted in favor: Voted against: Member absent: 3 SUPPLEMENT TO CONDITIONAL USE PERMIT APPLICATION AND APPLICATION FOR TRANSMISSION FACILITIES Submitted by Northern Natural Gas Company on 1-30-2007 Project Descriptions—Need and Location Analysis Page 2 Rosemount Y Uprate Northern will complete several modifications to the existing 16-inch Rosemount Y branch line (MNM80201) in order to allow for an increased maximum allowable operating pressure (MAOP) to 860 psig. The modifications will take place in seven noncontiguous segments along the first 4.03 miles of pipeline. The endpoint of this MAOP uprate is at the Eagan No. 1B TBS. The pipeline downstream of this point will operate at the existing MAOP of 813 psig. The seven noncontiguous work sections total approximately 0.41 miles. The replacement segments of pipeline will be installed within workspaces as shown on the alignment sheets . Extra workspace and new and improved access roads will be used during construction and are also shown on the aerial alignment sheets . The elbow replacements and the tap removals will require minimal workspace and access. Modifications and appurtenant facilities to be installed include the following: • MP 0.1 (Section 21, T115N,R19W, Dakota County,MN,Alignment Sheet P3-1) The appurtenant facilities to be installed at the takeoff include a block valve, a pig launcher and receiver with associated piping. A reducer that limits the MAOP will also be replaced. This is the same site referenced at MP 7.08 on the Farmington to Rosemount junction branch line that is described above. • MP 0.7(Section 21, T115N,R19W,Dakota County,MN,Alignment Sheet P3-2) An existing 1-inch tap and fitting that limits the MAOP will be removed at this location. • MP 2.01 to 2.33 (Sections 18/17, T115N,R19W/Section 35,T27N R23W, Dakota County,MN,Alignment Sheet P3-3) Approximately 1,709 feet of existing 16-inch pipe (MNM80201)that limits the MAOP will be replaced with new 16-inch pipe. The construction right-of-way width in this area will be 75-feet with extra workspaces and access roads as shown on the alignment sheets. • MP 2.41 (Section 35, T27N,R23W, Dakota County, MN,Alignment Sheet P3-4) An existing elbow fitting that limits the MAOP will be replaced at this location. • MP 2.51 (Section 35, T27N,R23W,Dakota County,MN,Alignment Sheet P3-4) An existing pipe elbow fitting that limits the MAOP will be replaced at this location. SUPPLEMENT TO CONDITIONAL USE PERMIT APPLICATION AND APPLICATION FOR TRANSMISSION FACILITIES Submitted by Northern Natural Gas Company on 1-30-2007 Project Descriptions—Need and Location Analysis Page 3 • MP 3.08 (Section 34, T27N, R23W,Dakota County, MN, Alignment Sheet P3-5) An existing 1-inch tap and fitting that limits the MAOP will be removed at this location. • MP 3.96 to 4.03 (Section 34, T27N,R23W, Dakota County,MN,Alignment Sheet P3- Approximately 351 feet of 16-inch pipe (MNM80201) that limits the MAOP will be replaced with new 16-inch pipeline. Northern will utilize a 90-foot wide construction workspace to accommodate the pipeline replacement. At the end of this segment, a new regulator setting will be installed on the existing block valve. All appurtenances on this segment will be located in Northern's existing Eagan No. 1B TBS yard. Rosemount#2 Town Border Station The Rosemount#2 town border station(TBS) is an existing meter station through which Northern Natural Gas provides natural gas service to the existing local distribution company, Minnesota Energy Resources Corporation(MERC). MERC serves the end- users in the city of Rosemount. MERC will ensure continuation of service to the city of Rosemount using other existing facilities in the area. After transition of service to the other facilities, the Rosemount#2 TBS can be removed. Again, there will be no loss of natural gas service as a result of this rerouting. The meter, pressure regulators, gas heater, buildings, associated valves, fittings, and station piping will all be removed. All foundations will be removed to 18 inches below grade. The existing gas main that is currently routed through the lot will remain in place and in service. The grade will be restored to preexisting conditions, including re-vegetation with native plants. In order to ensure continuation of natural gas service to the city of Rosemount,the abandonment and removal of the Rosemount#2 TBS will not commence until MERC's new facilities are in place and operational. SUPPLEMENT TO CONDITIONAL USE PERMIT APPLICATION AND APPLICATION FOR TRANSMISSION FACILITIES Submitted by Northern Natural Gas Company on 1-30-2007 Description of Construction Areas TEMPORARY WORK SPACE USAGE The following is a list of uses and construction activities that are planned to take place within the Temporary Work Space areas owned by the City of Rosemount to support the construction of the Farmington-Rosemount Junction 24-inch branch line. 1) Access to the pipeline right-of-way for all construction equipment and materials 2) Storage of spoil piles during Horizontal Boring and/or Horizontal Directional Drilling operations. 3) Possible placement of drilling and boring equipment during these activities. 4) Welding and small assembly fabrication activities. 5) Equipment parking and daily maintenance 6) Parking for construction personnel vehicles (to minimize parking on public streets) Estimated timing for each of the above activities will vary from one activity to the other. Not all the above activities will take place concurrently but will slide from one activity to the other until all phases of the project are completed. STAGING AREA USAGE The following is a list of construction activities that are planned within the staging areas to support the construction of the Farmington-Rosemount Junction 24-inch branch line. 1) Access to the pipeline right-of-way for all construction equipment and materials 2) Welding and fabrication activities. 3) Equipment parking area and daily maintenance. 4) Parking for construction personnel vehicles (to minimize parking on public streets) 5) Unloading and storage of pipe coating materials and right-of-way restoration materials such as sod, seed and plants. 6) Staging areas would be used for unloading and/or loading of pipeline equipment, assembly and/or disassembly of pipeline equipment(dozers with side-booms, excavators etc.) SUPPLEMENT TO CONDITIONAL USE PERMIT APPLICATION AND APPLICATION FOR TRANSMISSION FACILITIES Submitted by Northern Natural Gas Company on 1-30-2007 Explanation of Stove Pipe Construction Method The most cost effective method to install buried pipelines is to excavate the trench only wide enough for the pipe, and weld the pipe above ground next to the trench. After the contractor has several hundred feet of pipe welded and the joints coated,the pipe is then lowered into the trench and backfilled. When conditions exist—limited workspace for example -that prevent the contractor from installing the pipe in this manner,the stove pipe method is used. The stove pipe method involves welding single segments of pipe in the trench. Only enough trench is excavated to facilitate the installation of the next few segment of pipe. All pipe welding is done in the trench, as is coating of the welded pipe joints. Larger excavations are necessary where the pipe segments are welded together to allow personnel room to work and to prevent an unsafe condition in the trench. Additionally, any standing water in the bottom of the excavation must be pumped out to prevent the water from entering the pipe and to give workers access to the pipe. In addition to safety fence lining the right-of-way throughout the project, all open trench will be surrounded by safety fence at the end of each workday. SUPPLEMENT TO CONDITIONAL USE PERMIT APPLICATION AND APPLICATION FOR TRANSMISSION FACILITIES Submitted by Northern Natural Gas Company on 1-30-2007 DESCRIPTION OF VACANT LOT USAGE Lot 17,Block of Biscayne Pointe 4th Addition The following is a list of uses and construction activities that are planned to take place on the lot in the City of Rosemount that Northern Natural Gas Company purchased on May 4, 2006 to support the construction of the Farmington-Rosemount Junction 24-inch branch line. 1.) Access to the pipeline right-of-way for welder trucks, pick-up trucks and other over-the-road vehicles. 2.) Welding and small assembly fabrication activities. 3.) Equipment parking area(pipe layers, dozers, excavators and restoration equipment). 4.) Parking for construction personnel vehicles (to minimize parking on public streets) 5.) Unloading and storage of pipe coating materials and right-of-way restoration materials such as sod, seed and plants. 6.) Because the right-of way width is being reduced by 15 feet to save residences' trees, there will not be enough room for construction equipment to pass each other. This area will be used to allow construction equipment to by-pass each other and as a turn around area for equipment during construction and installation of the pipeline. Estimated timing for each activity for installation of the pipeline using the stove pipe method(welding one section of pipe in the trench at a time) in this location: Activity Estimated Duration 1.) Clearing and grade 3 days 2.) Trenching 5 days 3.) Pipe stinging 3 days 4.) Bending pipe 5 days 5.) Lowering pipe into trench&welding 10 days 6.) Coating welds &repairing coating 3 days 7.) Backfilling trench 3 days 8.) Final cleanup 3 days 9.) Installation&removal of safety fence 2 days 10.) Restoration(sodding and seeding) 30-60 days SUPPLEMENT TO CONDITIONAL USE PERMIT APPLICATION AND APPLICATION FOR TRANSMISSION FACILITIES Submitted by Northern Natural Gas Company on 1-30-2007 DESCRIPTION OF VACANT LOT USAGE Lot 17,Block of Biscayne Pointe 4th Addition Page 2 Prior to beginning construction activities,Northern will require the contractor to install orange safety fence on both sides of the construction right-of way. This schedule is dependent on favorable weather conditions. At the end of the construction activities and within a reasonable time the lot will be vacated and restored to preconstruction contours and sold. Pe C74 H a. y a a' O s o v c a • is.) y c Vs ,x ) N o 0 s 7 t 3 >Z coo of T T. C �▪/ a F yAF'y.. '� _,. a o y > _a., = ii o n.i d w- 'r= o yoy 9 s $ r "' Saw,• Ti a C I-{ 0.lL 0 1.L p N Y 4- �"' W 1 ,r 1 'e5. 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Final clean-up and restoration will typically occur within 78 days from the initial date of entry onto the property. A representative of the contracted construction company will attend the Planning Commission on February 27 to explain in detail and field questions. CONTRACTOR'S OFFICES The contractor, Michels Pipeline Construction, a division of Michels Corporation, plans to set up a trailer to be used as a contractor's office on property owned by Robert Kaufman and described as follows: The East 241.7 feet of the South 391.7 feet of the Southeast Quarter of the Northwest Quarter of Section 21, Township 115, Range 19 except the North 60 feet of the South 93 feet of the East 50 feet and except road. The trailer would be located within the area designated on the aerial photos as extra temporary work space. HIGHSTONE LIMITED PARTNERSHIP In order to complete the construction project, Northern Natural Gas Company is requesting that Highstone Limited Partnership ("Highstone") relocate the automobiles and other obstructions outside of the construction area. Highstone is seeking permission from the City of Rosemount to use a portion of their property for this purpose. UPDATED GIS MAPPING Northern Natural Gas Company continues to coordinate data with the City of Rosemount and Dakota County to update their map indexes. Upon completion of this project, Northern will provide the City with 20 copies of the appropriate maps. .� 1j C. a) >> E O Z Z C . 5 0 T O 0 p ....e• O U W .. OO O w C Z an)O) - a) r I ii•• Z o' r, C ¢¢ y C _�_ m ill C j >19 `1 0 c i.s S p .z � C � ¢ r "' -S -, r S h L + M + , , S LEO p1 co ^ U Q .r.+ C 12 7 -2 CO = N. - In 'n N. In N. n In N. n N. N. In In N. In r In In r r Ir n r N. In It in N. 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