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
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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.
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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