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HomeMy WebLinkAboutPacketCITY COUNCIL 1. Call to Order/Pledge of Allegiance 2. Additions or Corrections to Agenda 3. Public Comment 4. Response to Public Comment AGENDA City Council Regular Meeting December 4, 2007 7:30 p.m. City Council Chambers, City Hall 5. DEPARTMENTAL REPORTS/BUSINESS a. Commendation of state championship for Dakota United adapted soccer team b. Commendation for attainment of Eagle Scout rank 6. CONSENT AGENDA a. Minutes of the October 30, 2007 City Council Special Work Session Proceedings b. Minutes of the November 20, 2007 City Council Proceedings c. Bills Listing d. 2008 Liquor License Renewals e. LELS Supervisory Unit, Labor Agreement 2008-2009 f. Non Union Wage Adjustments for 2008 g. Donation Account Expenditure — DARE h. Expenditure Approval from the Donation Account — Parks & Recreation Dept. Pa�ment #3 &Final — Bacardi Tower Driveway, City Project 355 2" Reading / Adoption of Right -of -Way Ordinance Payment #5 & Final — Flint Hills Resources Sanitary Sewer Extension, City Project #406 Public Works Quality Standards (ml Dakota County Community Development Agenda Redevelopment Incentive Grant and Redevelopment Planning Grant nProperty Acquisition, 14330 Cameo Avenue 7. PUBLIC HEARINGS 8. OLD BUSINESS 9. NEW BUSINESS a. Approval of 2008 Budget: Setting 2008 Levies and Budgets d b' First Reading: Liquor Ordinance Update 10. ANNOUNCEMENTS 11. ADJOURNMENT 12. CLOSED EXECUTIVE SESSION ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: December 4, 2007 AGENDA ITEM: Commendations for attainment of Eagle Scout rank AGENDA SECTION: Department Head Reports PREPARED BY: William H. Droste, Mayor AGENDA NO. 0, ATTACHMENTS: APPROVED BY: RECOMMENDED ACTION: Presentation of certificates of commendation Each year, a select group of youths in Rosemount accomplish the skills and tasks required to become Eagle Scouts. The Eagle Scout rank is the highest advancement tank for Boy Scouts, and to achieve it a Scout must fulfill requirements in the areas of leadership, service, and outdoor skills. The Boy Scouts of America National Council says only four percent of the membership achieves this high goal. Tonight the City Council continues its tradition of honoring these accomplishments by commending three Scouts who have achieved the Eagle rank in the past year. Maxwell James Corrigan is a senior at Rosemount High School. Max led a team that enhanced a feature of the City's Winds Park. A wooden picnic table had deteriorated despite having a roof to shelter it. Max's crew disassembled the table, dug out an area so City crews could pour a concrete pad, and then replaced and painted the table. Phillip Mark McDonald is a junior at Rosemount High. His project improved the perimeter of the building for Rosemount United Methodist Church. Phillip pulled out some old shrubs, planted new ones, trimmed bushes, performed other landscaping, weeding, and leaf raking, and repainted the handrail leading to the back door. Phillip plans to study in college some combination of sports medicine, business management, and sports marketing. Curtis Roscoe Zink is a junior at Rosemount High. Curt performed extensive work on the sand volleyball court at the City's Meadows Park. His crew installed posts to hold up the net and built a perimeter around the volleyball court made of timbers. This proved unexpectedly challenging because of imperfections in the timbers that he was given and because of cold, damp weather. His crew completed the job successfully. Curt has expressed an interest for the years after high school in video editing, producing, and acting in movies. The Council has also invited other Eagle Scouts to attend later meetings. ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: December 4, 2007 AGENDA ITEM: 2nd Reading / Adoption of Right -of -Way AGENDA SECTION: Ordinance Consent IV PREPARED BY: Morgan Dawley, PE, Project EngineefY AGENDA NO. b. . ATTACHMENTS: Ordinance; Resolutions; Comment Memo APPROVED BY: RECOMMENDED ACTION: (1) Motion to Adopt an Ordinance Relating to Mana ng and Administrating Use of the Public Right -of -Way in the Public Interest and to Pro, id for the Issuance and Regulation of Right -of -Way Permits; Replacing City Code Section 4-2-1 through 4-2-5, effective January 1, 2008. (2) Motion to Adopt a Resolution Amending Resolution 2006-128, a Resolution Establishing Rates and Fees for 2007. (3) Motion to Adopt a Resolution Authorizing Publication of Ordinance No. XI.30 Relating to Managing and Administrating Use of the Public Right -of -Way in the Public Interest and to Provide for the Issuance and Regulation of Right -of -Way Permits; Replacing City Code Section 4-2-1 through 4-2-5. BACKGROUND: The October 2, 2007 regular Council meeting included a I" reading of the proposed ordinance, as part of City Code, Title 4, Chapter 2, to address process and requirements for the installation of underground utilities within public sight -of -way and easements by private utility companies, and to define the permitting and fees associated with the regulation of such installations. A letter was sent to private utility companies September 25, 2007 along with a copy of the draft ordinance requesting written comments by October 9, 2007. One communication, sent jointly by representatives of Xcel Energy, Dakota Electric Association, and Minnesota Energy Resources (formerly Aquila), was received by Staff, a copy of which is attached. In addition, members of Staff also met with representatives October 10, 2007 to discuss their written comments in further detail. No comments or objections were made to the new right-of-way permit fees and charges proposed to be implemented. The City Attorney has reviewed the utility comments provided and minor revisions have been made to the final ordinance to address operational details and for consistency with Minnesota Rules and Public Utility Commission regulations. SUMMARY: Staff recommends City Council adopt the ordinance and resolutions as presented. GVUtilidesAROW OrdimnceCC12-407.doc CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE RELATING TO MANAGING AND ADMINISTRATING USE OF THE PUBLIC RIGHT-OF-WAY IN THE PUBLIC INTEREST AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS; REPLACING CITY CODE SECTION 4-2-1 THROUGH 4-2-5 THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS that the City Code of Ordinances is amended by replacing Chapter 2 to Title 4: SECTION 1: Title 4 of the Rosemount City Code is amended by replacing Chapter 2 to read as follows: CHAPTER SECTION: 4-2-1: Findings, Purpose, and Intent 4-2-2: Election to Manage the Public Rights -of -Way 4-2-3: Definitions 4-2-4: Administration 4-2-5: Registration and Right -of -Way Occupancy 4-2-6. Registration Information 4-2-7: Reporting Obligations 4-2-8: Permit Requirement 4-2-9: Permit Applications 4-2-10: Issuance of Permit; Conditions 4-2-11: Permit Fees 4-2-12: Right -of -Way Patching and Restoration 1 4-2-13: Joint Applications 4-2-14: Supplementary Applications 4-2-15: Other Obligations 4-2-16: Denial of Permit 4-2-17: Installation Requirements 4-2-18:Inspection 4-2-19: Work Done Without a Permit 4-2-20: Supplementary Notification 4-2-21: Revocation of Permits 4-2-22: Mapping Data 4-2-23: Location and Relocation of Facilities 4-2-24: Pre -excavation Facilities Location G \Itiliti\2007 ROW Ordinance 2nd Reading-docG-�r`'esc'7-Fo. 4-2-25: Damage to Other Facilities 4-2-26: Right -of -Way Vacation 4-2-27: Indemnification and Liability 4-2-28: Abandoned and Unused Facilities 4-2-29: Appeal 4-2-30: Severability 4-2-31: Waiver 4-2-32: Franchise Required Right -of -Way Management 4-2-1: Findings, Purpose, and Intent To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights -of -way, the city strives to keep its rights -of -way in a state of good repair and free from unnecessary encumbrances. Accordingly, the city hereby enacts this new chapter of this code relating to right-of-way permits and administration. This chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights -of -way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons excavating and obstructing the rights -of -way will bear financial responsibility for their work. Finally, this chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights -of -way. This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and the other laws governing applicable rights of the city and users of the right-of-way. This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050 — 7819.9950 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. 4-2-2: Election to Manage the Public Rights -of -Way pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects, pursuant Minn. Stat. 237.163 Subd. 2(b), to manage rights -of - way within its jurisdiction. 4-2-3: Definitions The following definitions apply in this chapter of this code. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms, whether or not capitalized. "Abandoned Facility" means a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. GAUdti \�QQ7 ROW O din 2 d A facility is not abandoned unless declared so by the right-of-way user. "Applicant" means any person requesting permission to excavate or obstruct a tight -of -way "City" means the City of Rosemount, Minnesota. For purposes of section4-6-27, "city" means its elected officials, officers, employees and agents. "Commission" means the State Public Utilities Commission. "Congested Right -of -Way" means a crowded condition in the subsurface of the public right- of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04. Subdivision 3, over a continuous length in excess of 500 feet. "Construction Performance Bond" means any of the following forms of security provided at pemuttee's option: A. Individual project bond; B. Cash deposit; C. Security of a form listed or approved under Minn. Star. Sec. 15.73, subd. 3; D. Letter of Credit, in a form acceptable to the city; E. Self -bond, in a form acceptable to the city; F. A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the City. G. A pennittee may submit a single bond covering all projects done by that company. `Degradation" means a decrease in the useful life of the tight -of -way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such tight -of -way earlier than would be required if the excavation or disturbance did not occur. "Degradation Cost" subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. "Degradation Fee" means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. "Department" means the department of public works of the city. "Department Inspector" means any person authorized by the city to carry out inspections related to the provisions of this chapter. "Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way G\Utilid \2007 ROWOdin 2ndR ding excavation, obstruction, patching, or restoration as established by permit "Emergency" means a condition that (1) poses a danger to life or health or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. "Equipment" means any tangible asset used to install, repair, or maintain facilities in any right- of-way. "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. "Excavation permit" means the permit that, pursuant to this chapter, must be obtained before a person may excavate in a right-of-way. An Excavation permit allows the holder to excavate that part of the tight -of -way described in such permit. "Excavation permit fee" means money paid to the city by an applicant to cover the costs as provided in Section 4-6-11. "Facility" or "Facilities" means any tangible asset in the right-of-way required to provide Utility Service. "Five-year project plan' shows projects adopted by the city for construction within the next five years. "High Density Corridor" means a designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. "Hole" means an excavation in the pavement, with the excavation having a length less than the width of the pavement. "Local Representative" means a local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter. "Management Costs" means the actual costs the city incurs in managing its rights -of -way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying tight -of -way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right- of-way permits. Management costs do not include payment by a telecommunications right-of- way user for the use of the right-of-way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and costs O:\UNibes\2007 ROW Ordinance 2nd Reading.docG-\Js^�e related to appeals taken pursuant to Section 4-6-29 of this chapter "Obstruct" means to place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. "Obstruction Permit" means the permit that, pursuant to this chapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. "Obstruction Permit Fee" means money paid to the city by a permittee to cover the costs as provided in Section 4-2-11. "Patch" or "Patching" means a method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city's five-year project plan. "Pavement" means any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. "Permit" has the meaning given "right-of-way permit" in Minnesota Statutes, Section 237.162. "Permittee" means any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this chapter. "Person" means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. "I l ..__"--- ---- .L_--- —C„_ 'Ticabfttianftry » ptitY "Registrant" means any person who (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) in any way occupy or uses, or seeks to occupy or use, the right-of- way or place its facilities or equipment in the right-of-way. "Restore" or "Restoration" means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. "Restoration Cost" means the amount of money paid to the city by a pemuttee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission G \UtiSid s\2002 ROW O din 2nd R & d -- rules. "Public Right -of -Way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights -of -way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non -wire telecommunications or broadcast service. "Right -of -Way Permit" means either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter. "Right -of -Way User" means (1) a telecommunications right-of-way user as defined by Minnesota Statutes, Section 237.162, Subd. 4; or (2) a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. "Service" or "Utility Service" includes (1) those services provided by a public utility as defined in Minn. Stat. 216B.02, Subds. 4 and 6; (2) services of a telecommunications tight -of -way user, including transporting of voice or data information; (3) services of a cable communications systems as defined in Minn. Stat Chapter. 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minn. Stat., Chapter 308A; and (6) water, and sewer, including service laterals, steam, cooling or heating services. "Service Lateral" means an underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end -use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. "Supplementary Application" means an application made to excavate or obstruct more of the tight -of -way than allowed in, or to extend, a permit that had already been issued. "Temporary Surface" means the compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city's two-year plan, in which case it is considered full restoration. "Trench" means an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. "Telecommunication right-of-way user" means a person owning or controlling a facility in the right-of-way, or seeking to own or control a Facility in the right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minn. Stat Chap. 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Star. Sec. 216B.02, a municipality, a municipal gas or power agency organized under Minn. Star. Chaps. GAUtdi6es\?007 ROW Ordinance 2nd Reading.do _ 453 and 453A, or a cooperative electric association organized under Minn. Star. Chap. 308A, are not telecommunications right-of-way users for purposes of this chapter. "Two Year project Plan" shows projects adopted by the city for construction within the next two years. 4-2-4: Administration The City Engineer is the principal city official responsible for the administration of the rights -of -way, right-of-way permits, and the ordinances related thereto. The City Engineer may delegate any or all of the duties hereunder. 4-2-5: Registration and Right -of -Way Occupancy Subd. 1. Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of- way or place any equipment or facilities in or on the tight -of -way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the city. Registration will consist of providing application information and paying a registration fee. Subd. 2. Registration Prior to Worlk No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof, in any right-of-way without first being registered with the city. Subd. 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this chapter. However, nothing herein relieves a person from complying with the provisions of the Muni. Star. Chap. 216D, Gopher One Call Law or other provisions of City Code. 4-2-6: Registration Information Subd. 1. Information Required. The information provided to the city at the time of registration shall include, but not be limited to: (a) Each registrant's name, Gopher One -Call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers. (b) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available in person or by telephoncaeeessible at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (c) A certificate of insurance or self-insurance: G \UNiti \2007 ROW O dinmce 2nd R cb e d -- -- (1) Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self-insurance acceptable to the city; (2) Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; (3) Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (4) Requiring that the city be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; and (5) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter. (d) The city may require a copy of the actual insurance policies. (e) If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State. (f) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. (l An updated and current plat or drawing showing the location of all existing underground utilities and appurtenances located within state highways, county roads, city streets, alleys. public Uounds and easements. Subd. 2. Notice ofCbanges. The registrant shall keep all of the information listed above current at all times by providing to the city information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. 4-2-7: Reporting Obligations Subd. 1. Operations. Each registrant shall, at the time of registration and by March 1 of each year, file a construction and major maintenance plan for underground facilities with the city. Such plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency GAUtilities\207 ROW Ordinance 2nd Reath Ao - of excavations and obstructions of rights -of -way. The plan shall include, but not be limited to, the following information: (a) The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this section, a "next -year project"); and (b) To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year (in this section, a "five-year project"). The term "project" in this section shall include both next -year projects and five-year projects By March 1 of each year, the city will have available for inspection in the city's office a composite list of all projects of which the city has been informed of the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by March 1, each registrant may change any project in its list of next -year projects, and must notify the city and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a next -year project of another registrant listed by the other registrant. Subd. 2. Additional Next -Year Projects. Notwithstanding the foregoing, the city will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the project. 4-2-8: Permit Requirement Subd. 1. PetmitRequired Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the city to do so. (a) Excavation Permit An excavation permit is required by a registrant to excavate that part of the tight -of -way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (b) Obstruction Permit An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right- of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. Subd. 2. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right-of- way permit before the expiration of the initial permit, and (h) a new permit or permit extension is granted. Subd. 3. Delay Penalty. In accordance with Minnesota Rule 7819.1000 subd. 3 and notwithstanding GAUati \2(K)7 ROW O diny d R & d subd. 2 of this Section, the city shall establish and impose a delay penalty for unreasonable delays in right- of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by city council resolution. Subd. 4. Permit Display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all tunes at the indicated work site and shall be available for inspection by the city. 4-2-9: Permit Applications Application for a permit is made to the city. The City requires a digital image file (pdf, jpg.etc.) and three hard copies of the plan for the permit. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: (a) Registration with the city pursuant to this chapter; (b) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. (c) Payment of money due the city for: (1) permit fees, estimated restoration costs and other management costs; (2) prior obstructions or excavations; (3) any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the rights -of -way or any emergency actions taken by the city; (4) franchise fees or other charges, if applicable. (d) Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing. (e) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. 4-2-10: Issuance of Permit; Conditions Subd. 1. Permit Issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit. Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the tight -of -way and its current use. 4-2-11: Permit Fees G\Utilities\2007 ROW Ordinance 2nd Rezdinr.doc".""'''—�^_^^^^^" ___ __ Subd. 1. Excavation Permit Fee. The city shall establish an Excavation permit fee in an amount sufficient to recover the following costs: (a) the city management costs; (b) degradation costs, if applicable. Subd. 2. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover the city management costs. Subd. 3. Payment ofPermit Fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees within thirty (30) days of billing. Subd. 4. Non Refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in Section 4-6-21 are not refundable. Subd. 5. Application to Franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. Subd. 6. Fee Resolution. Fees will be set from time to time by resolution by City Council. 4-2-12: Right -of -Way Patching and Restoration Subd. 1. Tuning. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 4-6-15 or if the lermitee is granted a new permit or extension. Subd. 2. Patch and Restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (a) City Restoration If the city restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city, within thirty (30) days of billing, all costs associated with correcting the defective work. (b) Permittee Restoration If the permittee restores the tight -of -way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000. (c) Degradation Fee in Lieu ofRestoradon. In lieu of tight -of -way restoration, a right-of-way user may elect to pay a degradation fee. However, the tight -of -way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. GW l" \2007R(lwOdi 2ndx d d "^r. Subd. 3. Standards. The permittee shall perform excavation, backfilling; patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100. Subd. 4. Duty to Correct Defects. The pernittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five (5) working days of the receipt of the notice from the city (or such longer period as is specified by the CitX in the notice) not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under Section 4-6-15. Subd. 5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In that event the permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. 4-2-13: Joint Applications Subd. 1. ,Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of- way at the same place and time. Subd. 2. Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the city does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. Subd. 3. With cityprojects. Registrants who join in a scheduled obstruction or excavation performed by the city, whether it is a joint application by two or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee, but a permit is still required. 4-2-14: Supplementary Applications Subd. 1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee that determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. Subd. 2. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old G\nditi \2007 ROWOdin 2dR dingd permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. 4-2-15: Other Obligations Subd. 1. Comphance With Other Laws. Obtaining aright -of -way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes, Section 216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work. Subd. 2. Prohibited [York. Except in an emergency, and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. Interference with Right -of -[day. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. Subd. 4. Trenchless Excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes, Chapter 216D and Minnesota Rules Chapter 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the director. 4-2-16: Denial of Permit The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. 4-2-17: Installation Requirements The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter 7560 and City Code. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits and/or agreements referenced in Section 4-6-22 subd. 2. Utility companies must install dual mains in all new projects. All traffic control will comply with the latest Mn/DOT Field Traffic Control Manual. G U0ti \2007 ROWOdin=cc 2ndR dingd - 4-2-18: Inspection Subd. 1. Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minnesota Rule 7819.1300. Subd. 2. Site Inspection. Permittee shall make the work -site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subd 3. Authority ofDirectot (a) At the time of inspection, the director may order the immediate cessation of any work that poses a serious threat to the life, health, safety or well-being of the public. (b) The director may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit pursuant to Sec. 4-6-21. 4-2-19: Work Done Without a Permit Subd. 1. Emergency Situations. Each registrant shall immediately notify the director of any event regarding its facilities that it considers to be an emergency. The registrant must take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement Within two (2) business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. The permittee requirements shall not apply if the repair is caused by another permittee's work in the right-of-way. If the city becomes aware of an emergency regarding a registrant's facilities, the city will attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. Subd. 2. Non -Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty, I?ay double the normal fee for said permit 12U double all the other fees required by the City code, deposit with the city the fees necessary to correct any damage to the right-of-way, and comply with all of the requirements of this chapter. 4-2-20: Supplementary Notification If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. G:\Utilities\2007 ROW Ordinance 2nd Reading.doc9-y'd'�—` ^^"' - ----- -- 4-2-21: Revocation of Permits Subd. 1. Substantial Breacb. The city reserves its right, as provided herein, to revoke any right-of-way permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (a) The violation of any material provision of the tight -of -way permit; (b) An evasion or attempt to evade any material provision of the tight -of -way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (c) Any material misrepresentation of fact in the application for a right-of-way permit; (d) The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or (e) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Sec. 4-6-18. Subd. 2. Written Notice ofBreach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. Subd. 3. Response to Notice ofBreach. Within 5 working days of receiving notification of the breach, perrmttee shall provide the city with a plan, acceptable to the city, that will cure the breach. Permittee's failure to so contact the city, or permittee's failure to timely submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Subd. 4. Reimbursement ofcity costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable Attorneys' fees and other consultant fees incurred in connection with such revocation. 4-2-22: Mapping Data Subd. 1. Information Required. Each registrant and permittee shall provide mapping information required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within one calendar year following completion of any work pursuant to a permit, the pennittee shall provide the director accurate maps aril -or drawings certifying the "as -built" location of all equipment installed, owned and maintained by the permittee in both digital and hard copy. As -built drawings shall be submitted in the C \Utiliti\2007 ROW Ordinmce 2na R ain d " `-` ^ - --- -- -- following three forms: (1) Digital: CAD or GIS (dwg or slip) (2) Digital: Image File (pdf, jpg, etc.) (3) Hard copy Such maps and -or drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the city's electronic mapping system, when practical or as a condition imposed by the director_ Failure to provide maps armor drawings pursuant to this subdivision shall be grounds for revoking the permit holder's registration. Subd. 2. Service Laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals, and the service lateral vertical locations in those cases where the director reasonably requires it. Permittees or their subcontractors shall submit to the director evidence satisfactory to the director of the installed service lateral locations. Compliance with this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules governing service laterals installed after December 31, 2005, shall be a condition of any city approval necessary for 1) payments to contractors working on a public improvement project including those under Minnesota Statutes, Chapter 429, and 2) city approval of performance under development agreements, or other subdivision or site plan approval under Minnesota Statutes, Chapter 462. The director shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or for future permits to the offending permittee or its subcontractors. Subd.3. As-Builts As-builts will be required in hard copy and electronically if the project permitted deviates two (T) feet or more from the original plans submitted to the City. Failure to submit an as -built will be a certification by the permittee that the project as constructed does not deviate two (2D feet or more from the original plan submitted. 4-2-23: Location and Relocation of Facilities Subd. 1. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. Subd. 2. Corridors. The city may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the tight -of -way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city shall, no later than at the time of the next reconstruction or excavation of the area where the G:\Utilities\2007 ROW Ordinance 2nd Reading.docG44pf,:<__'20@7 ROW _ -_-__ __ facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived in writing by the city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. Subd. 3. Nuisance. One year after the passage of this chapter, any unregistered facilities that are found in the right-of-way and that are required by this chapter to be registered shall be deemed to be a nuisance. c it _ c _a . _ fight _c _ _ th ftt t_ aet been registered shftH be deetned te be a ftiaisaeee. The city may exercise any remedies or tights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the tight -of -way to a useable condition. Subd. 4. Limitation of Space To protect health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the tight -of -.way, and future city plans for public improvements and development projects that have been determined to be in the public interest. 4-2-24: Pre -excavation Facilities Location In addition to complying with the requirements of Minn. Star. 216D.01-.09 ("One Call Excavation Notice System") before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and the approximate vertical placement or assumed vertical placement if accurate data is not available) of all said facilities. Any registrant whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. 4-2-25: Damage to Other Facilities The provisions of Minn. Star. 216D shall apply to all situations involving damages to facilities during excavation operations. Each registrant shall be responsible for the cost of repairing or the value of damage to any facilities in the right-of-way that it or its facilities damages. This provision includes costs for damages to boulevard amenities, such as trees, landscaping, irrigation systems and invisible fences, placed by property owners. It is the registrant's responsibility to provide immediate notice of such damages to the affected property owners. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrant's facilities. 4-2-26: Right -of -Way Vacation Reservation of4ht. If the city vacates a right-of-way that contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. 4-2-27: Indemnification and Liability G Wtlte,\2007 ROW Ordinance 2nd lludjrg.doc . `_-` ^^" " -_-_' " ''_ By registering with the city, or by accepting a permit under this chapter, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. 4-2-28: Abandoned and Unusable Facilities Subd.L Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant's obligations for its facilities in the right-of-way under this chapter have been lawfully assumed by another registrant. Subd. 2. Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the city. 4-2-29: Appeal A tight -of -way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; (4) believes that the fees imposed are not in conformity with Minn. Stat. 4 237.163, Subd. 6; or (5) disputes a determination of the director regarding Section 4-6-22 subd. 2 of this ordinance may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the city council. The city council shall act on a timely written request within 45 days of receipt, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the City council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. 4-2-30: Severability If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this chapter precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. 4-2-31: Waiver The City may waive any or all requirements of Section 4-2-5, 4-2-6, 4-2-7, 4-2-8, 4-2-9, 4-2-10, 4-2-11 and 4-2-22 if compliance is not deemed reasonably necessary in the direction of the City Administrator or the Administrator's designee, to serve the purposes of this Chapter. The decision of the Administrator not to waive any such requirements is not subject to appeal to the City Council. Waiver of the provisions of Sections 4-2-5, 4-2-6, 4-2-7 and 4-2-22 may be rescinded by the City Administrator at anytime upon written notice to the person subject to the requirement. 4-2-32: Franchise Required After May 27. 2005, no permits will be issued for installation of gas pipes and mains to entities that do not hold a current franchise from the city. This prohibition does not apply to installation of gas transmission mains that are not designed, intended or used for local sen-ice or local distribution, or to installation of gas pipes and mains to serve areas of the city to which existing gas franchisees cannot or will not extend G\Utilities\2W7 ROW Ordinance 2nd Reading—dKGA service. SECTION 2: This ordinance shall be effective the 1st day ofD-~ 97danuary 2008. Adopted by the City Council of the City of Rosemount, Minnesota, the day of 12007. ATTEST: Amy Domeier, City Clerk Published this _ day of William H. Droste, Mayor 2007 in the Rosemount Town Pages. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2007 - A RESOLUTION AMENDING RESOLUTION 2006-128 A RESOLUTION ESTABLISHING RATES AND FEES FOR 2007 WHEREAS, the City Council of the City of Rosemount has replaced Title 4, Chapter 2 of the City Code; and WHEREAS, the new City Code allows fees and charges for utility work permits within the right-of- way to be designated by City resolution; and WHEREAS, the Engineering Staff of the City of Rosemount reviewed the amount of fees and charges for right-of-way permits to be added to Resolution 2006-128 and deemed clarification necessary; and WHEREAS, upon recommendation to the City Council, the City Council agrees to the amendment of certain rates pertaining to right-of-way fees and charges: Public Works and Engineering Fees Item 9: Right -of -Way Fees & Charges: 1. Registration Fee Time X $ Per = Cost Involved Hour ($) (Hour) Administration 0.25 X 40 = $ 10.00 Review 0.50 X 40 = 20.00 Recording 0.25 X 40 = 10_00 Total Cost $ 40.00 Proposed Fee = S 40.00 Registration fee is due annually and is due by January 15`' of the corresponding year. 2. Excavation Permit Fees A) Hole Administration 0.50 X 40 = $ 20.00 Verification 1) Plan Review 0.50 X 50 = 25.00 2) Inspection Resolution 2007 - a) Location before work 0.50 X 40 = 20.00 b) Compliance during work 0.50 X 40 = 20.00 c) Completion after work 0.50 X 40 = 20.00 d) Re -inspection 0.50 X 40 = 20.00 3) Mapping a) Review data 0.50 X 50 = 25.00 b) Transfer to Autocad 0.50 X 50 = 25.00 c) Insert to overlay to tie in 0.50 X 50 = 25_00 Total Cost 3200.00 Proposed Fee �LUU.UU Plus $0.20 per lineal foot for each excavation over 1,000 feet B) Emergency Hole Administration 0.50 X 40 = $ 20.00 Inspection after completion 1.50 X 30 = 45_00 Total Cost $65.00 Proposed Fee $65.00 C) Trench Administration 0.50 X 40 = $ 20.00 Verification 1) Plan Review 1.50 X 50 = $ 75.00 2) Inspection a) Location before work 0.50 X 40 = 20.00 b) Compliance during work 1.50 X 40 = 60.00 c) Completion after work 1.50 X 40 = 60.00 d) Re -inspection 0.75 X 40 = 30.00 3) Testing Result Review a) Compaction 0.25 X 40 = 10.00 b) Material 0.25 X 40 = 10.00 4) Mapping a) Review data 0.50 X 50 = 25.00 b) Transfer to Autocad 0.50 X 50 = 25.00 c) Insert to overlay to tie in 0.50 X 50 = 25_00 2 Resolution 2007 - Total Cost $3G0 QO The average trench is 330 lin. ft. past the width of a hole. Therefore, the number of 100 lin. ft. (or portion thereof) units is 4. The cost per 100 lin. ft. unit is 360.00 / 4 = $90.00/100' unit. Proposed Fees = 90.00/100 lin. it E 3. Obstruction Permit Fee A) Administration 0.50 X 40 = $ 20.00 B) Recording 0.25 X 40 = 10.00 C) Review 0.75 X 50 = 37.50 Minimum Base Coat $ 57.50 Proposed Base Fee $-9 QO Plus additional fee based on length Inspection 1) Compliance during work 1.50 X 40 = $ 60.00 2) Completion after 0.25 X 40 = 10.00 Additional fee on assumed 1000 lin. ft. permit = $ 52.50 Additional cost per lineal foot = $70.00 / 1000 = 0.07 Proposed Fee = $50.00 plus 0.05 lin. ft, 4. Delay Penalty A) Administration 1.5 X 40 = $ 60.00 For up to 3 days of non -completion and non -prior notice before specified completion date. After 3 days, an additional charge of $20/day will be levied. Total Penalty Charge = $ 60.00 (Up to 3 days late) Each day late over 3 days 3 Resolution 2007 - lus 20.00/Dav NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rosemount hereby approves the amended rates and fees as listed above. ADOPTED this 4' day of December, 2007. ATTEST: Amy Domeier, City Clerk Motion by: Voted In Favor: Voted Against: Members Absent: by: William H. Droste, Mayor CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. X1.30 RELATING TO MANAGING AND ADMINISTRATING USE OF THE PUBLIC RIGHT-OF-WAY IN THE PUBLIC INTEREST AND TO PROVIDE FOR ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS; REPLACING CITY CODE SECTION 4-2-1 THROUGH 4-2-5 WHEREAS, the City Council of the City of Rosemount entertained the first reading of the above mentioned ordinance on October 2, 2007; and WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. XI.30 replacing City Code Section 4-2-1 through 4-2-5; and WHEREAS, btinnesota Statutes Section 412.191, Subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinances. NOW THEREFORE BE IT RESOLVED, by the Council of the City of Rosemount that the City Clerk shall cause the following summary of Ordinance No. XI.30 to be published in the official newspaper in lieu of the entire ordinance: Public Notice During their December 4, 2007 meeting, the City Council of the City of Rosemount adopted Ordinance No. XI.30. The ordinance amends City Code Section 4-2-1 through 4-2-5 relating to underground utilities. The new ordinance replaces the existing ordinance for the management of the public right of way. In summary, the ordinance includes requirements that right of way users register with the City and secure permits for the use, excavation, occupancy and obstruction of the right of way. The ordinance provides a comprehensive program for the administration of the regulation of such use of the public rights of way. Resolution 2007 - NOW THEREFORE BE IT FURTHER RESOLVED, that a copy of Ordinance No. XI.30 shall be kept in the City Clerk's office at the City Hall for public inspection and a full copy of the ordinance be posted in the lobby of City Hall for 30-days after adoption. ADOPTED this 4s' day of December, 2007, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Motion b Voted In Voted A€ Members Response Comments to City of Rosemount's Proposed ROW Ordinance Monday, October 8, 2007 Submitted by: Ann Carlon of Minnesota Energy Resources Colette Jurek of Xcel Energy Craig Knudsen of Dakota Electric Association Page 3, Definition of "Degradation Cost" Change 'as determined by the city' to 'as agreed to by the city and Right -of -Way user.' Minnesota Rules 7819.100 provides that the local government unit and right-of-way user "may" agree to lesser restoration requirements. Thus, the City should not be permitted on every occasion to unilaterally impose restoration costs up to the capped amounts prescribed by Minn. Rules 7819.9900 to 7819.9950. Page 3, Definition of "Delay Penalty" Add language that states the penalty has to be reasonable and has to be established by permit as established from time to time by resolution of the City. Minnesota Rules 7819.1000 subp. 3 only authorizes a local government unit to impose a "reasonable" delay penalty that can only be imposed if the local government unit establishes it by resolution and the delay is not due to circumstances beyond the control of registrant. Page 4, Definition of Local Representative Strike this definition. There are very few people in the Company authorized to accept service and it is unlikely that our local representative would be so authorized. Accordingly, this requirement should be removed. Page 5, Definition of Obstruct Add "for an aggregate period of eight (8) hours or more in conjunction with the issuance of a right-of-way permit." In order to complete or prepare for projects equipment may need to be temporally in the right-of-way. Page 5, Definition of Probation and Probationary Period Strike these two definitions. The concept of probation is not found in the PLC rules or in the statute and is unnecessary to achieve effective right of way management. The City has authority to impose reasonable permit conditions, issue orders, deny and revoke permits and impose certain fines. This should be sufficient to deal with rule or ordinance violations. Comment [MD1]: Statemles allow 8 hours for obstruction permit only — this is refemnced later as well— Jennifer Thuly- Smith (JTS) ofXcel to discuss with Charlie LeFevem (CL). Page 7, Registration and Right -of -Way Occupancy Subd.1 Registration Seeking clarification on registration requirements. Most communities operating under a ROW ordinance request a completed form with a one-time registration fee payment. These cities then request an annual form update. I4-2-6: Registration Information Subd. 1 Information Required (b) Change sentence to read: The local representative or designee shall be available accessible for consultation at all times. Comment [MD2]: Concerned about physical availability. CL to OK cbange ages review. (C) (1) Verifying that an insurance policy has been issued to the registrant by an insurance company lse;sed authorized to do business in the State of Minnesota Comment [MD3]: okay per CL 10/10/07 Page 8, Registration Information (continued) (3) Strike this entire paragraph. Minnesota Rule 7819.1250 states that the registrant is required to indemnify the City, not name the City as an additional insured. (f) This paragraph requests a copy of a certificate of authority from the Minnesota Public Utilities Commission. We ask the City of Rosemount to provide background for this request. What is this document? Comment tMD4]: No one has ever heard of this. CL to verify that it actually exists sod is pertinent Page 8, 4-2-7: Reporting Obligations Subd. 1. Operations Each registrant shall, at the time of registration and by March 1 of each year, file a construction and major maintenance plan for underground facilities with the city. Construction projects for the next year usually are not planned until the early spring. Other factors also contribute to unknown future construction projects such as new subdivisions, small road construction projects, etc. Some projects may not be made available for public inspection under Minnesota Statutes 13.37 (Trade Secret Information). System expansion projects (if and when they occur) are customer driven. Gas utilities usually use the winter months to collect and evaluate system pressure and flow data. We would not know of a need to reinforce our system, if required, until at least February. We will submit an initial list of projects and update as additional projects are needed. The City's request for a five-year project list is impractical. By March 1 of each year, the city will have available for inspection in the city's office a composite list of all projects of which the city has been informed of the annual plans. We suggest this paragraph be struck. A composite list of projects should not be made available for the public and other utilities to review due to post-9/11 terrorism infrastructure protection and the competitive nature of gas projects within the state of Minnesota. Comment [MD5]: List fprojecu "if available" as compronum Include language to a6ow for submit but not Page 9, 4-2-8: Permit Requirement elea e7 Obstruction Permit. Public right-of-way users should be able to negotiate a permitting plan to perform work that is routine in nature (maintenance). An obstruction permit is not required for projects that do not involve excavation of the paved surface and which last for less than eight hours. An obstruction permit is required when work exceeds eight hours.) Comment [MD6]: Per State rules... Permit Extensions Utilities would like to be able to request verbal extensions with written documentation follow-up. Delay Penalty Add that the City may establish and impose a reasonable delay penalty. A delay penalty will not be imposed for delays due to force majeure, including inclement weather, labor disputes, acts of God, or other circumstances beyond the control of the applicant. Before imposing a delay penalty, the City will recognize and take into consideration the applicant's need to respond to the emergencies in other communities or areas. The proposed additions are consistent with MPUC Rule 7819.1000, subpart 3, which indicates, 1) that a local government unit may establish and impose a reasonable penalty for unreasonable delays; and 2) conditions under which a delay penalty should not be imposed. The proposed additions also recognize situations in which the utility may be called away from a project to respond to emergencies in other areas. comment [MD71: CL to rovlew. Page 10, 4-2-9: Permit Applications Strike (4) fraRrhise fees , other GhaFges if appliGabl ameuRtewin9. The City does not have the authority to impose the deleted requirements. Franchises have their own dispute resolution procedure and requiring a 110% deposit on a legitimately disputed claims (which may be part of a civil suit) is not justified. Comment [MD8]: All agreed that fianchise agreements supersede. ITS to discuss with CL as pertains to Xcers Page 11, 4-2-12: Right -of -Way Patching and Restoration franchise agreement with Rsmt, mpued but currently being drafted? Subd. 1 Timing: add to the end of paragraph: "or if the permitee is granted a new permit or extension." This additional simply allows restoration to be delayed when the permitee and the City agree to an extension. Subd. 2. Patch and Restoration Rule 237.163, Subd. 3 states that the ROW user has the choice of completing the restoration work itself or it can elect to pay a degradation fee. Page 12, Duty to Correct Defects Said work shall be completed within five-(} ten 10 working days of the receipt of the notice from the city ... Ten calendar days would be preferable. Page 12, 4-2-14: Limitations on Dates Add: "If a fee was paid for an initial permit, no fee will be charged for the extension:' It is unreasonable to charge an additional permit fee for extending a permit, which was already paid, especially since forces outside of Xcel Energy's control frequently contribute to time overruns. Language should be added to subd. 2 indicating that if a fee was paid for an initial permit, not fee will be charged for the extension. Comment [MD9]: For force maJeur, acts of God, etc. would City consider adding 4-2-14 to the Waiver section for 4-2-15: Other Obligations flexibility? Subd. 1 Compliance With Other Laws Strike the entire paragraph. It is assumed that applicants will comply with all relevant and applicable laws. Multiple and duplicate permits should not be required for City rights of way. Comment [MD107: Xcel corraeent— ITS to discuss with CL. Subd. 3 Interference with Right -of -Way Strike the last sentence which states: The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. Weather conditions might necessitate equipment loading/unloading to be performed near the construction site to minimize damage. Alternatively, change .,solely" to "as much as possible." Page 13, 4-2-17: Installation Requirements Strike Utility companies must install dual mains in all new projects. Strike All traffic control will comply with the latest MN DOT Field Traffic Control Manual.'' Comment[MD11 I: Xcelcomment It is assumed that applicants will comply with all relevant and applicable laws. Standard installation construction practices prevail according to MN PUC tariffs. State law already (CL verify) and it so inappropriate as City ordinance. Seems to be to the City's benefit to leaves n If City requests installation methods beyond what is considered standard installation, the City will be required to pay incremental costs:, Comment[MD12]: From Morgan: Does this apply m us duetting them to Page 14,4-2-19: Work Done Without A Permit install utilities in a speoific location and can they bin the City if this installation is Subd. 1. Emergency Situations beyond standard installation and what is considered standard installation? Within two- f4five 5 business days after the occurrence of the emergency, the registrant shall apply for the necessary permits ... Utilities request that the timeframe be extended to five working days. Subd. 2. Non -emergency Situations Strike and as a penalty, pay double the normal fee f9r said permit, double all the other fees . :.ed.. by the eity . ede deposit with the '1 the fees necessary ♦o Ge . eet any damage to the, right f '; ^, ,.g„ 'am -ter. The City has not been given authority to double fees as a penalty. Pursuant to statute, the City is entitled to recover management and restoration costs only. Comment [MD13]: CL to verify Page 15, 4-2-22: Mapping Data Subd. 1. Information Required Change all references to "maps and drawings" to "maps or drawings." Minnesota Rules 7819.1300 subp. 2 only requires drawing "or" maps, not "drawings and maps." ' $ttike ... Utilities request a reasonable extension of time to provide mapping information such as 120-150 days. All references within this section should refer to horizontal and approximate! vertical location. Page 16 ... delete the following paragraphs: Delete Subd. 2. Service Laterals. Delete Subd. 2. Corridors. Delete Subd. 3. Nuisance. The service laterals paragraph is inconsistent with GSOC regulations. MN Rule 7819.0200 establishes regulations regarding high density corridors. A nuisance, by definition, is an offensive, annoying, unpleasant or obnoxious thing or practice. Failure to register is not consistent with that definition. In addition, the proposed nuisance language does not make sense when read with the registration section. Facilities are not required to identify, at the time of registration, what and where all the facilities are. The only require to submit information on existing facilities is found in MPUC Rule 7819.4100. This paragraph has been deleted from the "model ordinance" proposed by the League of Minnesota Cities. Page 17, 4.24-24 Delete Pre -excavation Facilities Location paragraph. This authority is not vested in the City, but rests with Gopher State One Call pursuant to Minn. Stat. 216D.04 and 216D.07. Current buried facility locating technology does not allow for consistent accurate depth locations. The excavator must plan on hand digging to expose any indicated buried facility. jPage 17, 4-24-25: Damage to Other Facilities Delete This PF8ViSlGR inrludes GGStS fGF damages to IaGulevard amenities, wh as ♦.ees landscaping atie . systems and Invisible fences placed rr Com hamment [MD14]: Seems OK to Comment [MD15]: Annual submittal for all projects seems OK rather than tethered to project completion. Comment [MD15]: This seems reasonable and according to them They are not required m know vertical. Comment [MD17]: ITS fo discuss with CL Comment [MD18]: JTS to discuss with CL The law requires all users of the right-of-way to be treated the same. The law gives no authority to the City to impose the above requirements. Minnesota Statute 216D states that the excavator is responsible for maintaining and supporting facilities which they encounter. Page 17, 4-2-28: Abandoned and Unusable Facilities Strike Subd. 1 Discontinued Operations and Subd. 2 Removal. Abandoned facilities will remain in place within the right-of-way. Utilities intend to cooperate with the City in removing or arranging to have removed those abandoned facilities that are indirect conflict with a city improvement project. SUMMARY REQUESTS Utilities have requested to view: (1) Proposed ROW user fee schedule; (2) Proposed ROW permit application form; and (3) City's proposed completion certificate. Also, will permit applications be available on-line? Comment [MD19]: JTS to discuss with CL Comment [MD20]: JTS to discuss with CL According to them, statute(?) allows abandoned facilities to remain "..less to direct conflict with a public improvementproject" Ifabandoned facilities are in a roadway to be improved, all agreed that at that time they would mobili¢u to ¢move the abandoned Facilities at that time, presumably to comply with the stamte they were referencing. ROJEMOUl V 1 EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: December 4, 2007 AGENDA ITEM: Dakota County Community Development AGENDA SECTION: Agency Redevelopment Incentive Grant Consent and Redevelopment Planning Grant PREPARED BY: Eric Zweber; Senior Planner AGENDA NO. ATTACHMENTS: Resolutions, Redevelopment Incentive Grant Fact Sheets, Draft Applications APPROVED BY: RECOMMENDED ACTION: Motion to adopt a Resolution approving the Submitt I of the St. Joseph's Complex for the Dakota County Community Development Agency Redevelopment Incentive Grant. Motion to adopt a Resolution approving the Submittal of the Central Park's 145th Street West Access for the Dakota County Community Development Agency Redevelopment Plan-ning Grant. ISSUE The Dakota County Community Development Agency (CDA) has made $1,333,000 available to the Dakota County Cities during 2008 for redevelopment grants. The grants are available in two forms: Redevelopment Incentive Grants for redevelopment projects that will be occurring in 2008 or within the first six months of 2009, and Redevelopment Planning Grants to prepare for projects that would occur in the near future. Staff has prepared applications for both the Redevelopment Incentive Grant and the Redevelopment Planning Grant. City Council Resolutions authorizing the submittal of the applications are required as a past of the CDA application process. SUMMARY Redevelopmentlneendve Grant The Redevelopment Incentive Grant submittal requests funds to pay for the demolition and clean up of the five houses that the City has purchased, or will soon be purchasing, on the east side of Cameo Ave, adjacent to the St. Joseph's Complex. The homes have been purchased to provide additional space, most likely parking spaces and street access, for the future public uses within the former St. Joseph's Church, school, and gathering area. Recent demolitions conducted by the City averaged about $10,000 for demolition and $3,000 for hazardous material removal per home. The Redevelopment Incentive Grant requests $65,000 (five homes times $13,000 each). The grant requires a $2 local match for each $1 received from the CDA. The application requests that the purchase price of the five homes be used as the 2 to I local match. Redevelopment Planning Grant The Redevelopment Planning Grant requests funds to plan for the expansion and enhancement of the 145`h Street West entrance to Central Park. The Development Framework for Downtown Rosemount has identified the 1451h Street West entrance of Central Park as a development concept, including the possible acquisition of land from Polfus Implement. The Redevelopment Planning Grant will allow the City to develop concept plans and redevelopment scenarios for the expansion and enhancement of the 145`h Street West access to Central Park. The grant application requests $10,000 with a requirement of an equal local contribution. The source of the $10,000 local match would likely come from either Port Authority or Parks and Recreation Commission funds, or a combination of the both. In 2004 and 2005, the City submitted grant proposals to the Metropolitan Council Livable Communities Act (LCA) grants for expansion of Central Park, including acquisition funds for Polfus Implement and the BP gas station. Those grants were not awarded to the. City and LCA has since changed their grant guidelines to prevent park projects from receiving LCA funds. The Redevelopment Planning Grant cannot be used for acquisition, but if the planning report generated is favorable, then the City can apply for a Redevelopment Incentive Grant next year for needed acquisition funds. RECOMMENDATION Staff recommends a motion to adopt the resolutions to submit applications for the CDA Redevelopment Incentive Grant and Redevelopment Planning Grant. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2007- A RESOLUTION APPROVING THE SUBMITTAL OF THE ST. JOSEPH'S COMPLEX FOR THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY REDEVELOPMENT INCENTIVE GRANT WHEREAS, the City of Rosemount has identified the St. Joseph's Complex as a proposed project within the City that meets the Dakota County Community Development Agency (CDA) Redevelopment Incentive Grant program's purposes and criteria; and WHEREAS, the City has established the Redevelopment Framework for Downtown Rosemount, a Redevelopment Plan, of which the proposed project is a component; and WHEREAS, the City has the capability and capacity to ensure the proposed project be completed and administered within the Redevelopment Incentive Grant prograrn guidelines; and WHEREAS, the City has the legal authority to apply for financial assistance; and WHEREAS, the City is supportive of affordable housing and of the CDA's mission, to improve the lives of Dakota County residents through affordable housing and community development. NOW THEREFORE BE IT RESOLVED that the City of Rosemount approves the application for funding from the Dakota County CDA Redevelopment Incentive Grant program. BE IT FURTHER RESOLVED that upon approval of its application by the Dakota County CDA, the City Administrator of the City of Rosemount, is hereby authorized to execute such agreements as are necessary to receive and use the funding for the proposed project. ADOPTED this 4th day of December, 2007, by the City Council of the City of Rosemount William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Motion by:_ Voted in favor: Voted against: . Member absent CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2007- A RESOLUTION APPROVING THE SUBMITTAL OF CENTRAL PARK'S 145T" STREET WEST ACCESS FOR THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY REDEVELOPMENT PLANNING GRANT WHEREAS, the City of Rosemount has identified Central Park's 1451h Street West access as a proposed project within the City that meets the Dakota County Community Development Agency (CDA) Redevelopment Planning Grant program's purposes and criteria; and WHEREAS, the City has established the Redevelopment Framework for Downtown Rosemount, a Redevelopment Plan, of which the proposed project is a component; and WHEREAS, the City has the capability and capacity to ensure the proposed project be completed and administered within the Redevelopment Planning Grant program guidelines; and WHEREAS, the City has the legal authority to apply for financial assistance; and WHEREAS, the City is supportive of affordable housing and of the CDA's mission, to improve the lives of Dakota County residents through affordable housing and community development. NOW THEREFORE BE IT RESOLVED that the City of Rosemount approves the application for funding from the Dakota County CDA Redevelopment Planning Grant program. BE IT FURTHER RESOLVED that upon approval of its application by the Dakota County CDA, the City Administrator of the City of Rosemount, is hereby authorized to execute such agreements as are necessary to receive and use the funding for the proposed project. ADOPTED this 4th day of December, 2007, by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk Motion by: Voted in favor: Voted against: Member William H. Droste, Mayor by: CDADakota County Community Development Agency ****0***0******0****** Redevelopment Incentive Grant Program Request for Proposals Guide and Application Program Information: The Redevelopment Incentive Grant program was created and funded by the Dakota County Community Development Agency (CDA) in September 2006. The program has two primary purposes that will each enable Dakota County to improve the tax base and quality of life in our area: 1. Assist cities with redevelopment goals. Blighted and under-utilized areas do not maximize their potential value in terms of either economic or livability of our area. Also, they often require additional service costs. The responsibility for creating redevelopment activities rests primarily on the shoulders of cities. Although Dakota County cities haven proactive in promoting redevelopment they lack sufficient resources to enable this to fully occur. 2. Promote the development of affordable workforce and supportive housing. While the need for affordable housing continues to grow, the opportunities for development rehabilitation are rare due to the availability of properly zoned land and the cost of land. Funding Available: There is $1,333,000 available for grants provided under the Redevelopment Incentive Grant program during this funding round. Funding for the program will be reevaluated by the CDA Board of Commissioners in June 2008. The CDA will reserve ten percent (10%) of $100,000 for Redevelopment Planning Grants. The maximum Redevelopment Planning Grant will be $15,000. The remaining funds will be used for Redevelopment Incentive Grants. The maximum Redevelopment Incentive Grant will be $250,000. Eligible Applicants: Eligible applicants for this program are cities in Dakota County. Only one application per city, for each grant type, will be accepted. Application Instructions: It is the applicant's responsibility to be aware of the submission requirements needed to prepare a complete application in accordance with this guide. The application consists of the Redevelopment Incentive Grant program application form including all requested attachments. This application form is also available on the Dakota County website: www.dakotacda.ora. The applicant shall submit an executed original application and two (2) photocopies of the application. The application must be received no later than 4:00 p.m. on Monday, December 3, 2007 at the Dakota County CDA office, Attn: Melissa Taphorn, Assistant Director of Community Revitalization, 1228 Town Centre Drive, Eagan, Minnesota 55123. Applications determined by the CDA to be incomplete or not legible will not be accepted and will be returned to the applicant. No applications, attachments or documentation will be accepted after the application due date unless requested by the CDA. Applications will not be accepted by facsimile. The CDA retains the right to reject in whole or in part any application for any reason. Contact Melissa Taphorn, (651) 675-4467 or mtaphom@dakotacda.state.mn.us, if you require assistance with submitting your application. REDEVELOPMENT PLANNING GRANTS The Redevelopment Planning Grant funding is restricted to activities directly related to a redevelopment project (e.g., market analysis, concept development, site design, zoning studies, engineering studies, and environmental studies). The application must meet the following threshold criteria to be scored: • Application must be approved by the respective city council. • There must be a minimum leverage rate of 1 to 1 ($1 of other funds for every $1 of Redevelopment Planning Grant). • The city must be supportive of affordable housing and the CDA's mission (as provided in the sample resolution). Use the Redevelopment Planning Grant Application. REDEVELOPMENT INCENTIVE GRANTS Eligible projects include redevelopment which will improve the economic use and value of the property and will serve a public purpose. The end use may be residential, commercial, retail, industrial, or other uses that the city supports. Use the Redevelopment Incentive Grant Application. Eligible Activities: The Redevelopment Incentive Grant is restricted to the following activities that are commonly associated with redevelopment: 1. Property acquisition 2. Relocation payments to occupants of property acquired with program funds 3. Clearance and demolition expenses related to site assemblage for redevelopment and consistent with the redevelopment plan ii 4. Clean up of pollution or other contaminates on the impacted site 5. Historic preservation (rehabilitation of properties with national or local significance in order to preserve that significance) 6. Necessary public improvements including but not limited to parking structures, sewer and water, sidewalks, street reconstruction, and ponding 7. Streetscape within the redevelopment area 8. Corrections to soil conditions that require extraordinary expense to remediate Ineligible Costs: The Redevelopment Grant cannot be used toward the following activities in a redevelopment project: 1. Construction and associated soft costs related to the project to be built on the redeveloped site 2. Costs not included in the application 3. Residential rehabilitation or house moving 4. Administration Threshold Criteria: The application must meet the following threshold criteria to be scored. 1. Application must be approved by the respective city council. 2. There must be a minimum leverage rate of 2 to 1 ($2 of other funds for every $1 of Redevelopment Grant). 3. The city must have completed a redevelopment plan for the impacted area. 4. The city must be supportive of affordable housing and the CDA's mission (as demonstrated in the sample resolution). Competitive Criteria: If the application meets all threshold criteria, the application will then be reviewed and ranked on the following competitive criteria. 1. Leverage. Applications should include a variety of other funding sources committed to the project. Other funding sources could include CDBG, TIF, DEED, Metropolitan Council, or other public and private resources. [20 Maximum Points] 2. Readiness to Proceed. The applicant should be ready to proceed with the identified project upon funding award. [20 Maximum Points] Housing Affordability. Applications should consider the inclusion of affordable housing in their redevelopment plans. Preference will be given to projects that include family, workforce and/or supportive housing units. "Affordable" is defined as: (a) rental — available to households at/below 50% of the area median income; (b) owner — available to households atibelow 80% of the area median income. [20 Maximum Points] iii 4. Economic Benefit. The project should have a defined impact on the local economy. This impact is measurable through growth in property taxes and new and/or retained head -of -household jobs. [15 Maximum Points] 5. Environmental Improvement. Projects that will clean-up, prevent and protect from environmental hazards are encouraged. Applicants should work with state agencies and professional consultants to identify the optimum remedy and create sustainable redevelopment. [15 Maximum Points] 6. Smart Growth Concepts. Projects should consider the need for public transit, walkable neighborhoods, green space, and mixed land uses that build a strong sense of community. [10 Maximum Points] Other Requirements: All acquisition costs must be supported by a third party professional appraisal. All redevelopment activities must comply with the Uniform Relocation Act. This includes but is not restricted to notice requirements for voluntary and involuntary sales, relocation payments, and relocation assistance. Selection: Applications will be reviewed by CDA staff. Applications must be complete and received at the CDA by the due date. Applications meeting the threshold criteria and scoring highly on the competitive criteria will be submitted to the CDA Board of Commissioners for approval at their January meeting. After selection and approval by the CDA Board of Commissioners, the CDA will issue a letter of commitment and enter into a grant agreement with the city. Grant Agreement: CDA staff will work with the city and enter into a Grant Agreement. This agreement will detail the terms and conditions of the grant and allow for the release of funds to the city. The grant agreement will require funds to be spent within 18 months of the date of the agreement. Waivers and extensions to any provision in the agreement requested by the grantee will be considered on a case by case basis depending on the merits of the request. iv 7■—�� Dakota County CL Community ....... .....cy .. Redevelopment Incentive Grant Application General Information Project Name: St. Joseph's Applicant City: Rosen Applicant Address: 2875 Application/Project Contact: Contact Email Address: Phone Number: 651-322-2020 Fax Number: 651-42 'd24 �3�1, Authorized Official(s) for Execution of Contracts (n4fne and title): Jamie Verbrugge d .A" n. How much funding are you requesting? $65,000 Project Site Information Site Address(es): 14300 Cameo Avenu Cameo Avenue, and 14350 Cameo Avenue Acreage of Site: 1.29 Is the site publicly or p Current Site Owner(s): Current Appraised or' Projected appraised or Valuebfthe Site: 5 N/A, site will remain publicly Attach the app'raisahttt ° rfir'sor s cftl 1=nt and projected values. After redevelopment is comp e, will thVISA -,be publicly or privately owned? Publicly owned Post -re e lopment Site Owner s�: Crty'of Rosemount When has/wt1e _acquisition be Completed? The four acquired houses have been purchased in 2007, Legal Description of S f (maj be separate attachment): Lot 1 except east 6 feet, Lot 2, Lot 3, Lot 4, Provide a location map;�$hotos, and current and projected site plans. Maps should include property boundaries, north arrow, and bar scale. Attach a brief history of the site including previous uses, activities, prior or existing contamination, and other attempts at redevelopment. How many residential buildings are on site? 5 Commercial buildings? How many residential buildings are vacant? 4 Commercial buildings? Project Information Descrihe the city's goals and need for this project. The City has identified the former St. Joseph's Church site for redevelopment into a community use within the Development Framework for Downtown Rosemount, which was adopted in 2004. Also in 2004, the City acquired the former church site after St. Joseph's moved to its current location on the southeast corner Biscayne Avenue and Connemara Trail. In 2007, the City has given the southern third of the property to Dakota County for the construction of the Robert Trail Library. Also during 2007, the City has been evaluating the reuse of the St. Joseph's complex into a public,,uagrthrough a citizen advisory group, the St. Joseph's Task Force will be delivering it's final reeoii i bdations to the City Council in early 2008. The St. Joseph's Task Force has evaluated the reuse of the St. Joseph's complex, which is made up of three buildings: the 9,000 square foot church constructed in 1924, the 21,600 square foot school constructed in 1954, and the 2,100 square foot "gathering area" constructed in 1996 which connects the church to the school. The complex also contains additional properties recently acquired by the City, five homes located west of the site along Cameo Avenue .3, e,;draft recommendation from`thejS �`loseph's ni Task Force is to be used as a multi -use center for seors,°teens, banquets, public exhibit ;?'arts and culture and meeting space. The long term plan is to incorporatemore of an arts and cultural use as time and demand for that type of facility expands in the community, until it is primarily an arts and cultural center that will share some of the space for other public uses. In evaluating the site, it has been determined that the site can only provide 40 parking s aces, while the Cijt's Zoning Ordinance calls for 200 parking stalls for a facility this size To provide for site design flexibility including existing neighborhood and adequately plan for residential lots located directly west of the St. ty to add additional parking, buffering to the rowth on the site, the City begun purchasing five property. "The City has purchased four of the five residential lots during 2007 and currently has a purchase offer on the fifth lot. It is expected that the fifth lot will be vurchased in the first quarter of 2008. The City has pi house is nearly to allow for the this pta`r'tt Tt of t 11 cultural cdntex. removal of e hazardous mate complex the longer approximately $10;00( $65,000 ($13,000 time the $1,200,000+ spend four lots in 2007 for a, total $1,062,535. The purchase offer for the fifth 'his grant application is to request funds for the demolition of the five houses tion of the Task Force recommendations. Site improvements will occur on fo fulfill the nee` s of the multi -use center in the short term and the arts and term.'. Based upon information from other City projects for demolition and ials of residential dwellings, costs have approximated $13,000/structure; costs. averaging around $3,000 per house and the demolition costs are house. The Redevelopment Incentive Grant application is requesting bathe demolition of the five houses. The City is requesting recognition of btaining the five homes as fulfilling the 2 for 1 leverage fund requirement. Attach a detailed description the redevelopment project. Attach a site plan, vicinity map, and elevations or drawings ofproposed redevelopment. Has an end user committed to tedevelopment ofsite? Yes seethe draft St. Joseph's Task Force resort and City Council Resolution. Attach letter of commitment. Describe how the project will make more efficient use of the site. The St. Joseph's complex is about 80% deficient of its need for parking spaces. The current complex only has 40 parking stalls, while its redevelopment into a multiple purpose public facility would demand 200 parking stalls. The purchase of the five houses along Cameo Avenue allows the City more flexibility when developing a site plan that will provide adequate parking, enhance buffering to the adjoining neighborhood, and permit necessary site improvements. The acquisition of the five houses along Cameo Avenue also allows for more flexibility in designing vehiculat'and* 'pedestrian access to the site, as well as additional areas for green space and stormwater management, therefore using the site more efficiently. „ Describe the largerredevelopmentproject to which thus project will be a path Include details of anticipated businesses, housing units, and otherproposed components Atta � eppy of Redevelopment Plan.? The St. Joseph's complex has been purchased by the City, for the redevelopment of the church, school and gathering area in a public cultural center that will provide multiple purpose space, including senior and teen services, banquet rooms, and assembly space for meetings and public exhibits. ° The long term use of the site includes additional arts and cultural uses. The acquisition of the five houses on Cameo Avenue allows the site to be expanded to the complete block between South Robert Trail and Cameo Avenue. Demolishing the five houses will provide the additional space for implementation of the goals and objectives of the St. Joseph's Task Force and City Council. Describe redevelopmentphase(s) already completed and/or other adjacent development/tedeveoopmnt'' f The St. Joseph's complex'has been purchased in 2004. In 2007, the southern third of the property was given to Dakota County for the construction of the Robert Trail Library. The construction of the library has begun and is expected to be complete in early 2009 The City has purchased four of the five houses on Cameo Avenue for the future redevelopment of the: St. Joseph's Complex.. In the greater downtown area, additional development is occurring. The City has entered into a develop t agreement with Stonebndge.Deuelopment to construct a three story building with 13,000 squaXefet; f commercial space and 106 rental units. Twenty percent of the units will be affordable to people ma�i� ,less than fifty percent of the median income. The City has initiated the acquisition of the single remarnm:piece of property needed before construction to commence. It is expected that title to the final property: will be provided to the City in late 2007 or early 2008, which would allow development to begin in the sur}caner of 2008. The tenants within the Stonebridge project will be within 900 feet of the St. JosepN�lex, well within walking distance. The Stonebridge project +is the first of many envisioned by the Development Framework of Downtown Rosemount. The City has acquired multiple properties within the Downtown confines with the goal to implement the Development Framework of Downtown Rosemount. Along with the Stonebrige project, the MVTA has applied for a SAFETY-LU grant for installation of a park and ride facility Downtown, and the City is looking to attract a private developer to the publicly owned Genz Ryan facility on the south side of Downtown. 3 Describe how owners, tenants, and businesses will be temporarily orpermanendyrelocated. Attach relocation plan, if applicable. As a part of the negotiations of the purchase price with the individual homeowners, moving and relocation cost have been (or will be) provided for the five homeowners. The homeowners have (or will be) purchased different single family homes within the area. Itemize all other funding sources. Source of Funds Amount C- t, miffed Pending Rosemount Port Authority $1,062, 535 . +;> X ❑ Rosemount Port Authority $190,000 0" 3 ❑ X Itemize project expenses. Be as detailed aspossible. Itemized Use of Funds/Expenses : Costs Funding ., ;,. Hazardous Material Removal ($3,000 per home) f i %$5,000 CDA Grant ,,, Demolition ($10,000 per home) ' F $50,000 CDA Grant TofdT� r�65,000 CDA Grant Are any zoning amendments or variances needeQ 1 Is a comprehensive plan amendment required?1) Is an environmental review, required? < No Will a market or feasrbrlity study be performed? S Attach a project timeline with all actions, phases and t is the status? 'is 'the status? is the status? What is the status? hated dates. Indicate the ib3? e6 birsing units planned in the project. Attach separate sheet if necessary. t Total # of .,, # of Owner # of Rental Proposed Rents/ Sales Units{"p Units Units Prices Single Fam 0t. Y Townhouse qqs .. 0 Apartments/Condominituns. ^ 0 Duplexes 100 Other: 0 Will any existing affordable housing be demolished? Yes, five houses. If yes, please explain. The grant request is to demolish five City owned homes on Cameo Avenue to expand the site of the future multiple -use cultural center, particular to provide addition parking and green space. 9 Will there be any mechanisms to ensure long-term affordability? Yes If yes, please describe. As publicly owned property, the site will be available for the use of all Rosemount residents. Rental rates for aatherine spaces or meetine rooms will be priced affordablv. What are the current property taxes for the project site? $13,487.02 Pay Year 2007 What will the estimated property tax be after redevelopment? $0 Pay Year How was this figure determined? The property will be owned by the City. -and therefore tax exempt. Who determined it? N/A .r..', Project created after redevelopment. Totalfnivej' Nko 4 (2 full time positions and part time positions) FTEs Number of new jobs with wages greater than $15.00 per hour" Tfie two full time positions Project the number of jobs retained after redevelopment. Total retained jobs I FTEs. Number of retained jobs with wages greater than $15�00 per: hour bout 10. The St. Joseph's school Has the project site been found or suspected to be contaminated? Typical household hazardous waste for that age of home (1940s and 1950s) is expected to be`found, including asbestos, mercury, electrical equipment, appliances, etc.. Does your project mclude;the clean'g ,of contaminated soils, hazardous waste or materials? Yes Attach detailed inforiha 5. contamination, consultant Describe The curre parking.* and implements Purchdsing;the five homes will additional 4e4: for the complex .t,J .. stonnwater trea..: ent, and also Describe how the transit, pedestrian-f building elements. the type of clean up, Plan. have been taken to address the al impacts,the project will have. e SUN impervious surtace, mostly due to maximizing available rragement practices beyond catch basins and pipes. he by Ry to upgrade stormwater management on site. The IOW the inclusion of space for rain gardens or other forms of buffering to the adjoining residential neighborhood. ates smartgrowth concepts, includrngproximity to public maximizinggreen space, mixed land uses, and community Transit is provided to Rosemount through the 420 flex route operated by the Minnesota Valley Transit Authority. The 420 runs east to west along 145"' Street West, a half block south of the St. Joseph's complex, from the Rosemount City Hall to the Apple Valley Transit Center. If residents with special needs required direct service to the St. Joseph's complex, a call to MVTA would allow the 420 route to "flex" its route directly to the complex. The St. Joseph's complex within walking distance from many of the public buildings within Rosemount: 20 feet from the future Robert Trail Library, 200 feet from Rosemount Middle School, 600 feet from Rosemount Elementary School, 850 feet from Rosemount City Half/Police Station, 1,300 from Rosemount High School, and 1,850 feet from the Rosemount Community Center. The St. Joseph's complex is also located directly across the street from the South Robert Trail access to Central park, which leads to the Koch Trail, City Hall and Erickson Park. Acquiring the five homes on Cameo Avenue allows the City for flexibility to design the site, particularly with more street frontage. The St. Joseph site currently has about 360 feet of frontage on South Robert Trail and 170 feet of frontage on 143`d Street West. The South Robert Trail frontage is difficult for both vehicles and pedestrians because of the traffic levels as a result of its'A-minor Arterial status. Acquiring the five house on Cameo Avenue provides an additional 150 feet of frontage onto 143`d Street West and 360 feet of frontage onto Cameo Avenue. This additional land provides for additional green space (as described in the environmental section above), as well as better pedestrian access to the site, particularly for students from the north via 143`d Street West or residents from the west via Cameo Avenue. 0 //�1� Dakota County • ,D Community ............... Redevelopment Planning Grant Application General Information Planning Project Name: Central Park 145"J' Stre Applicant City: Rosemount Applicant Address: 2875 145t' Street West, Rosen Application/Project Contact: Kim Lindquist, Comm Contact Email Address: kim.lindquistga,ci.rose� Phone Number: (651) 322-2020 Authorized Official(s) for Execution of Contracts (nl How much funding are you requesting? $10,00C Project Site Information (supply information if known) Site Address(es): 2925 145th Street West and 2875 Acreage of Site: 3.73 Nur Is the site publicly or privately owned? Current Site Owner(s): Current Appraised or Projected appraised or tax Valu&.6f the Site: Number: of Parcels: None, the site would become Attap)Wihe appraisal or assessor's current and projected values. After redevelopment is complete, ,will the site be publicly or privately owned? Publicly Post -redevelopment Site Owner(s): City of Rosemount When has/will the 61 tq ition,�e completed?Undetermined, the need for acquisition would be Legal Description of Sii<o-:' may be attached That part of Lot 4 beginning at the southeast comer of Lot 31 heading east 395 feet north 400 feet west 300 feet south 100 feet west 95 feet south 300 feet to the point of beginning, Lot 30, Lot 31, Auditors Subdivision No. 1 Provide a location map, photos, and current site plan. Maps should include property boundaries, north arrow, and bar scale. Attach a brief history of the site including previous uses, activities, prior or existing contamination, and other attempts at redevelopment. How many residential buildings are on site? 0 Commercial buildings? How many residential buildings are vacant? 0 Commercial buildings? Project Information Describe the city's goals and need for this project. The expansion and enhancement of the 145th Street West access to Central Park is the key development scenario for the Crossroads North block of the Development Framework of Downtown Rosemount, the City of Rosemount redevelopment plan for downtown. Central Park is the only public green space in downtown Rosemou because it has no street frontage. The park is interior to the block 1 the west, 145 h Street West to the south, and Brazil Avenue to the e South Robert Street and the western half of 145`h Street, City Hall;; the eastern half of 145`h Street, the City's Public Works facility fro surrounding Central Park. Currently, the only accesses to Central through the commercial businesses to South Robert Trail,a pedest and a lift station to 145th Street West, the Koch Trail through Eric] parking lot of City Hall. The planning grant would allow the City enhance the public access to the interior of,�entral Park from 145yk Downtown residents and the wider community,"who use the Down' Framework of Downtown Rosemount, Central park serves as a key bringing vitality and new residents to the area. Initiation of the pla of the Development Framework of Downtown Rosemount. Central Park has a themed warming house, two lighte 2008, a trail connection w but most people are unaware of it inded by South Robert Street on t. Commercial development fronts i its associated parking lot fronts on Brazil Avenue, completely •k are from a pedestrian, trail trail between Polfus Implement in Park to the north'or though the evaluate its options to expand and treet West for future and existing ding to the Development moting Downtown and furthers implementation layground. structure, community gardens, veterans' memorial, amphitheater, hockey rinks, and the Koch Trail which connects to Erickson Park. In be Central Park to the larger City designed to funct 9 as an urb� M the annual I,eDrec airtt"s; t accessible nade from Erickson Park to. Connemara Trail which will connect creational trail network for pedestrians and bicyclists. Central Park is park and holds many community events, such as the main activities of iusement rides, band concerts, bathtub races, and concessions. iblie access from 145a' Street to Central Park will make the park more downtown residents and employees and the City's residents as a whole. Describe the type and scope of the planningproject. The planning protect scope will develop several alternative concept plans for expansion and enhancement of tTie;ppbHe access to Central Park. The three scenarios the City would like to explore are: i, • Improved acces11 s from publicly owned land only, • Acquisition of the P4olfus site and in combination with City owned land improve access, • Acquisition of Polfus and BP Amaco site and improve access and provide additional site amenties Under scenario 2 or 3, the City would also explore insertion of a complementary private commercial entity that could serve patrons of the park and continue to increase the Downtown tax base and spur further economic development in the area. 2 It is anticipated that the preferred alternative would be further refined through a feasibility study and preliminary engineering design. What outcome or product will the planning project help identify? What improvements would need to be made and/or if property will need to be acquired. Describe how this planningproject fits into the pre -redevelopment activities. The proposed planning project will conclude with the identification for the pudic improvements that would be installed and property that would need to be acquired to expand a'id enhance the 145`h Street West access to Central Park. This information will allow the City to begin redevelopment activities including negotiation with property owners and exploring different development funding scenarios. The City, depending upon the development scenario chosen would also begin to look for a private redevelopment partner. This planning study will also be incorporated, into the larger master development plan being conducted for Central Park/Ericson,Park that will be undertaken by the City Parks and Recreation Department Describe the redevelopment project, if established, jor which this planning project is a component. The redevelopment project is to expand and enhance the 145'h Street West access to Central Park. Central Park is the neighborhood park for downtown Rosemount, as well as park for greater Rosemount during civic or community events. The ped1O-.trlan accesses to the park are small and not very pronounce, discouraging the casual visitor toll park. The vehicle entrance to the park is through the lower City Hall parking lot, whose entrance is located about 60 feet east of Burma Avenue. This offset between the parking lot and Burma Avenue cases conflicts fo"r vehicles turning left into the City parking lot and vehicles turning left onto Burma Avenue. s. The public improvements that will be'eonsidered include realigning the access to City Hall to the north side of the Burma Avefifi d 145`' Street West intersection, thus eliminating the left turn conflicts. Pedestrian access to the park will be aligned with stripedid signed crosswalk on the west side of the intersection. Additional improvement will lilely mclude additional streetscaping, improved signage, and addition park facilities. Possible imprdt emertuiclude a bike rack for residents who arrived at Central Park via the greater Rosemount. trail network who wish to patronize the downtown shops, restauraq and bars. The residential neighborhood within and surrounding downtown is growing. There are currently 21 rental units and-3:4 condominium units within Rosemount Plaza, the mixed use block bounded by 145 h .11Street West, 146� Street West South Robert Trail, and Burma Avenue. The Stonebridge project, located on the sou t' 'k de of 146#Street West, is scheduled to begin construction the summer of 2008 including 106 units, 21 of which will be affordable to persons making less than 50% of the median income. Expanding and enhancing the 145th Street access to Central Park will benefit these residents by making a more pedestrian friendly and attractive park less than 600 feet from their residences. Expansion and enhancement of Central Park is consistent with the goals and objectives of the Development Framework of Downtown Rosemount. The Framework was put together by a 13-member citizens group to guide redevelopment and revitalization in the Downtown. Adopted in 2004, the Downtown Framework is the template for the future Stonebridge project and has been instrumental in City Council and Port Authority decisions about land acquisition and discussions with property owners. Who will perform this planning project? City Staff and the City's engineering consultant WSB Describe all other funding sources. Source of Funds Amount Committed Pending Rosemount Port Authority $10,000 ❑ X eft• `❑, ❑ El El When is the planning project expected to be completed? ROSEMOUNT CITY COUNCIL City Council Regular Meeting: December 4, 2007 EXECUTIVE SUMMARY AGENDA ITEM: Property Acquisition, 14330 Cameo AGENDA SECTION: Avenue Consent PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. b ATTACHMENTS: Site Map, Purchase Agreement APPROVED BY: RECOMMENDED ACTION: Motion to approve the purchase agreement for 14330 Cameo Avenue. DISCUSSION Attached is a purchase agreement for the property at 14330 Cameo Avenue. The property is located west of the St. Joseph's property and new library site on the east side 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 property owners who have expressed varying interest in selling their properties to the City. This is the fifth home on Cameo Avenue purchased by the City. The proposed purchase price for the home is $187,500.00. Dan Wilson, Wilson Development Services, arrived at this price based upon reviewing comparable home sales in the last 6 months. The closing is set in the purchase agreement for January 31, 2008. CONCLUSION Staff recommends approval of the purchase agreement. 14330 Cameo Avenue - --- ------ -- 143RD—SZW_ Copyright 2007, Dakota County - Map Date: November 29, 2007 PIN # 346650004000 PURCHASE AGREEMENT q THIS AGREEMENT, made and entered in thisday of by and between, Patricia A. Kaul a divorced person, ("Seller"), and the City of Rosemount, a public body corporate and politic under the laws of Minnesota. ("Purchaser"). In consideration of the mutual terms, covenants, conditions, contingencies and agreements hereinafter contained, it is hereby agreed by and between the parties as follows: 1. Sale of Property. Seller agrees to sell to Purchaser and Purchaser agrees to purchase from Seller the real property located at 14330 Cameo Ave, Rosemount, in Dakota County Minnesota legally described as follows: All of Lot 3 and N 221/2 ft of Lot 4, School Addition (legal to conform to street address) Together with all buildings, improvements and fixtures owned by Seller, all easements, rights and appurtenances thereto, and all of Seller's rights, title and interest in all public ways adjoining the same. The following personal property is included in the sale (Seller to cross out any items not included in the sale: storm windows and inserts, storm doors, screens, awnings, window shade, blinds, curtain - traverse -drapery rods, attached-1ltg o fi '*u h � , 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 One Hundred, Eighty Seven Thousand Five Hundred and no/100 Dollars ($187,500.00). The purchase price shall be paid as follows: a) Earnest money: None b) One Hundred, Eighty Seven Thousand Five Hundred and no/100 Dollars ($187,500.00) to be paid in cash on the date of closing. 3. Salvage Rights. The Seller has retained the right to salvage certain components and fixtures prior to the Date of Closing. The removal and move shall be exclusively a__^^ t the Sellers' Cost. See attached Exhibit A sale list. R (� l It CGl 4. As -Is -Basra. 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 Kaul Purchase Agreement remove all personal property and debris in the house, garage and on the property before the date of possession. 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 Kaul Purchase Agreement 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 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. Kau! Purchase Agreement (h) Seller has not entered into any commitments or agreements with any governmental agency or public or private utility affecting the Subject Premises which have not been disclosed in writing by Seller to Purchaser. (i) Seller warrants that the Subject Premises is the seller's personal residence and is only occupied by the seller. (j) Seller will not construct or enter into any agreement or commitment to construct any improvement or alteration to the Subject Premises. (k) Seller will not enter into or consent to any easement, covenant or other obligation affecting the Subject Premises or alteration to the Subject Premises. (1) To the best of Seller's knowledge, after due inquiry, Seller is not in default with respect to any of its obligations or liabilities pertaining to the Subject Premises. (m) To the best of Seller's knowledge, methamphetamine production has not occurred on the property. (n) 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 ref e ed to as the "Date of Closing") shall be on or before ' , �1. Q on The closing and delivery of all such documents shalt 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 Serer agrees to deliver possession of the Subject Premises no later than after closing. 10. Costs and Proration's. Seller and Purchaser agree to the following Prorations and allocation of costs in connection with this Agreement and the transactions contemplated hereby: Kaul Purchase Agreement (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. (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 Kaul Purchase Agreement (D. 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. 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: Patricia Kaul 14330 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. Purchaser will have no more than fifteen (15) 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. Kaul Purchase 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. 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, 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. Minimum Compensation. The Seller acknowledges and stipulates that the purchase price fulfills the minimum compensation requirements due to Sellers by Minnesota Statute 117.187. 25. 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 14540 Danbury Ave. W., Rosemount, MN as a comparable replacement dwelling for the purposes of calculating the sellers replacement housing payment. The purchase price contained herein, is higher than the purchase price 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 Kaul Purchase Agreement be paid by the purchaser upon submission by the seller of documentation of eligible cost having been incurred. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. Dated: Dated: Dated: SELLERS: PURCHASER: City of Rosemount Attest: Date of Final Acceptance Kaul Purchase Agreement Exhibit A ATTACHMENT TO PURCHASE AGREEMENT Salvage List 14330 Cameo Ave. Rosemount, MN Seller may remove the following items at Seller's own expense by the possession date. KITCHEN Marble counter top on the kitchen island Drawer pulls Sconces on kitchen wall LIGHTING //�� (7 n ii All tract lighting located in the kitchen (P-i Y -St Tract lighting in 1 bedroom. Dated ..,�LL/2-7 Kaud Purchase Agreement ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: December 4, 2007 AGENDA ITEM: First Reading: Liquor Ordinance Update AGENDA SECTION: New Business PREPARED BY: Amy Domeier, City Clerk Kim Lindquist, Community Development AGENDA NO. q•V Director ATTACHMENTS: Draft Ordinance, Freedom to Breathe APPROVED BY: Fact Sheet RECOMMENDED ACTION: Motion to hold Second Reading of the Liquor Or Inance Update on December 18, 2007. ISSUE The Freedom to Breathe C'FTB") provisions were signed into law by Governor Tim Pawlenty on May 17, 2007. The provisions were put into place to protect employees and the public from the health hazards of second hand smoke. Effective October 1, 2007, the law is silent regarding outdoor areas, meaning that the law does not prohibit smoking in outdoor areas regardless of the distance from building openings. Property owners may choose to create restrictions concerning smoking areas outside their establishments on their property. Additionally, local governments can provide regulations either for guidance or to be more restrictive than State law relating to the outdoor areas. With the change in the smoking regulations, it is anticipated that liquor license holders will inquire about adding a patio or deck to their premises. Depending upon which zoning district the establishment is located in, an outdoor patio or deck is either an accessory or conditional use. If considered a conditional use, the Planning Commission and City Council will need to formally approve the change. The serving of alcohol or allowing it to be consumed outside the premises is another issue. It is possible under Minnesota law but the license holder must apply for an amendment to their on -sale liquor license and the new area must describe exactly where alcohol will be consumed and/or served. If the City approves an amended liquor license, it must be filed with the Minnesota Department of Public Safety's Alcohol and Gambling division. The only liquor establishments in Rosemount that have patios are Superstaes Gridiron Grille and Rudy's Redeye Grill. Should any license holder request an amendment, the fee for the amendment is $175.00. Staff would also determine whether the patio or deck is considered a special use and if a conditional use permit will be required. BACKGROUND The City Council held a work session on September 12, 2007 to discuss including specific conditions into the liquor ordinance for establishments adding patios or decks. The City Council reviewed the conditions that were part of Superstar's Gridiron Grille and Rudy's Redeye Grill patios. The City Council was in agreement that it was good to add the patio regulations to the ordinance. However, the majority did not wish to change the distance that smoking could occur from a building. Discussion also ensued regarding bars on patios. The City Council considered adding bars on patios on a case by case basis. The City Council also discussed safety issues if a patio or deck was located near a parking lot. It was decided that the only access to the patio would be through the inside of the building. A sidewalk or buffer zone would also be located between the parking lot and the patio fencing. The aesthetics of the fencing would be part of the zoning code. Staff's intent was to have the same or similar requirements in the code so that at the time of the amendment application the applicant would be fully aware of the conditions and restrictions moving forward. The applicants will need to be mindful of the concerns from adjacent property owners and residents about noise levels which may be caused from having alcohol served outside. SUMMARY The conditions for outside patio or deck areas would be reviewed on a case by case basis. The Planning Commission and City Council would decide the maximum size of the area and whether or not a bar would be included. Additional conditions could be imposed by the City Council and any conditions set forth would be reviewed during the yearly renewal period. CONCLUSION Staff is looking for direction on the proposed regulations that will be added to the code for outdoor patios and decks. CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 LIQUOR REGULATIONS TO INCLUDE OUTDOOR PATIOS AND DECKS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. The Rosemount City Code Title 3, Chapter 1 is hereby amended by adding Section 3-1-16 as follows: 3-1-16: OUTDOOR PATIOS AND DECKS: A. Outdoor Patios and Decks. Service and consumption of alcohol in outdoor patios and decks in conjunction with an intoxicating liquor "on -sale" license, an "on -sale" wine license, a special club license, a special license for Sunday sales or a 3.2 percent malt liquor license may be permitted by the City Council under the following conditions: 1. The patio or deck area must be compact and contiguous to the licensed premises and shall be enclosed with a wrought iron railing that meets standards set forth in the City Code and final inspection by the Chief Building Official. 2. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc. must be provided. 3. Lighting must be sufficient to promote public safety, directed downward, and compatible with the surrounding area. 4. A buffer zone should be provided between the patio or deck area and adjacent parking lot. The area surrounding a patio or deck area must be fenced so as to not allow entrance from outside the fenced area onto the patio or deck area. 5. Smoking may be allowed on the patio or deck area provided it is in compliance with the Minnesota "Freedom to Breath Act of 2007". 6. Music, televisions, bands, amplified sound or any activity that would disturb the peace of the surrounding area is prohibited on the outdoor patio or deck area. 7. The patio or deck area shall be controlled and monitored continuously during the hours of operation and unruly patrons shall be removed immediately. 8. The hours and days of sale of alcoholic beverages shall be in accordance with the City Code. 9. Patrons shallnot leave the premises with a drink nor can drinks be taken onto a public sidewalk. 10. The amendment to the licensee's licenses for the outdoor patio or deck area shall be approved on a provisional basis. The Council may revoke, suspend or decline to renew the license for the patio or deck area portion of the licensed premises on the grounds of failure to comply with the conditions outlined in the resolution or undue annoyance or burden on nearby residents. 11. The outdoor patio or deck area must be included in the required liquor liability insurance for the premises. 12. The City Council may impose any additional conditions it deems necessary in the interest of the public health, safety and welfare at the time of initial approval or any renewal of the license for a patio or deck. The conditions set forth allowing the patio or deck shall be reviewed during the yearly renewal period. Section 2. This Ordinance shall be in effect following its passage and publication. Adopted this _ day of 2007, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of 2007. Minnesota Department of Health Fact Sheet (Excerpts) August 2007 Freedom to Breathe A swnmary of the Freedom to Breathe Provisions in the Minnesota Clean Indoor Air Act Background The Freedom to Breathe (FTB) provisions were signed into law by GovernorTim Pawlenty on May 16, 2007, to protect employees and the public from the health hazards of secondhand smoke. The FTB provisions are an expansion of the current Minnesota Clean Indoor Air Act (MCLAA); the new provisions become effective on October 1, 2007. Smoking -prohibited areas On October 1, 2007, smoking will be prohibited in virtually all indoor public places and indoor places of employment, including: • Bars, restaurants, and private clubs • office and industrial workplaces • Retail stores • Common areas of rental apartment buildings, hotels and motels • Public transportation, including taxis • Work vehicles, if more than one person is present • Home offices with one or more on -site employees, or used as a place to meet or deal with customers • Public and private educational facilities • Auditoriums, arenas and meeting rooms • Day care premises • Health care facilities and clinics Permitted smoking The law does not prohibit smoking in the following locations or circumstances: • Outdoor smoking, regardless of distance from building openings such as doors and windows • Approved scientific study participants • Traditional Native American ceremonies • Private places, such as private homes, residences or automobiles when they are not being used as places of employment • Sleeping rooms of hotels and motels • Tobacco product shops - when customers are sampling tobacco products • Cabs of commercial motor vehicles that weigh over 26,000 pounds • Farm trucks, implements of husbandry, and special mobile equipment • Family farm buildings, provided certain conditions are met • Disabled Veterans Rest Camp in Washington County • Theatrical productions, that is, actors and actresses who are smoking as part of the theatrical performance Responsibilities of proprietors Employers and facility managers continue to play an important role in controlling smoking in their place of business. hi general, they are required to: • Post "No Smoking" signs • Ask persons who smoke in prohibited areas to refrain from smoking and to leave if they refuse to do so • Use lawful methods consistent with handling disorderly persons or trespassers for any person who refuses to comply after being asked to leave the premises • Refrain from providing ashtrays and other smoking equipment • Refuse to serve noncompliant persons Minnesota Department of Health P.O. Box 64975 St Paul, MN 55164-0975 651-201-4601 mciaa@health.state.mD.us 2007 Freedom to Breathe — page 2 Compliance and Enforcement As part of the Minnesota Department of Health's (MDH) compliance strategy, emphasis will be placed on educating the public and business owners on the new provisions. MDH has compliance authority over the MCIAA and may delegate compliance activities to local units of government. MDH also has the authority to take enforcement actions that may include monetary penalties up to $10,000. In addition to the compliance authority provided to MDH and local units of government, local law enforcement has the authority to issue petty misdemeanor citations to proprietors or individuals who knowingly fail to comply with the MCIAA. Local government ordinances . Local governments retain the authority to adopt and enforce more stringent measures to protect individuals from secondhand smoke. For more information Contact the Minnesota Department of Health to receive a copy of the MCIAA, or to receive additional educational materials please visit the MDH website at: w-w-w.bealtl3.state.nul.us/fieedonitobreatlic Minnesota Department of Health P.O. Box 64975 St. Paul, MN 55164-0975 651-201-4601 1-800-798-9050 (toll -free outside the metro area) 651-201-5797 ('ITY) mciaaCq health.state.mn.us Dakota County Public Health Department Jon Springsted 952-891-7504 ion.surinRsted(�co dakota.nm.us Revised 3/07/07