DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Scheduling Of Special County Board Meeting To Provide Information On Flint Hills Resources, LLC, Pipeline Project In City Of Rosemount, Minnesota, And Appointment Of County Inspector
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PURPOSE/ACTION REQUESTED
• Schedule a special County Board meeting to be held at the City of Rosemount Council Chambers at 5:00 p.m. on September 19, 2022, to provide information and receive comments on the Flint Hills Resources, LLC, pipeline project.
• Appoint the County Engineer or their designee as the County Inspector for the project.
SUMMARY
To provide a safe and efficient transportation system, Dakota County is facilitating a public meeting and providing inspection services for a new pipeline project, consistent with state statutes. Flint Hills Resources, LLC, (Flint Hills) proposes to install 1.6 miles of pipeline to carry Anhydrous Ammonia within the city of Rosemount. The pipeline originates at Flint Hills at the Pine Bend Refinery in Rosemount and terminates at the CF Industries facility at 13040 Pine Bend Trail (Attachment: Map).
Minn. Stat. § 216G.05 requires the county board of the county in which a pipeline route is proposed to be located to hold a public meeting within 60 days of receiving notification of the project. The purpose of a public meeting is to provide information to the public concerning the proposed pipeline, including the route, pipeline size, types of commodities to be carried, construction plan, and operating characteristics (Attachment: Flint Hills Pipeline Information Book).
Notice of the County’s public meeting on the project must be provided at least ten days but no earlier than 45 days before the meeting. The notice must be published in a legal newspaper within the county and in a newspaper of general circulation in the area where the public meeting will be held. Further, the County is required to provide written notice to the clerk of each town and incorporated municipality in the county. State agencies authorized to issue permits required for construction or operation of the pipeline shall participate in the public meeting. These agencies shall explain the procedures for issuing the permits and how the public may participate in those procedures.
The Dakota County Board of Commissioners is required by Minn. Stat § 216G.07 subd. 6, to designate an inspector to conduct on-site inspections as needed during project construction. This statute also requires the facility pay inspector fees to the County of $500 for each mile or fraction of a mile that will be constructed within Dakota County. Based on the proposed route, the County will be paid $1,000 for statutory inspection fees.
The inspector will determine whether the pipeline is constructed in compliance with the provisions of Minn. Stat. § 216G.07, ordinances, and resolutions. The inspector shall maintain a written log including all comments and complaints concerning the pipeline construction. The log will also note any complaints concerning failure to settle claims filed by the landowners.
RECOMMENDATION
recommendation
Staff recommends that the County Board direct staff to hold a public meeting at the Rosemount City Council Chambers at 5:00 p.m. on September 19, 2022, to provide interested persons and the public with information on the proposed pipeline. Staff further recommends the County Board appoint a county inspector for this project.
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EXPLANATION OF FISCAL/FTE IMPACTS
Fees required to be paid by Flint Hills will compensate the County for inspection time involved with the project.
☐ None ☐ Current budget ☒ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, Flint Hills Resources, LLC, (Flint Hills) proposes to install 1.6 miles of pipeline to carry Anhydrous Ammonia in the city of Rosemount; and
WHEREAS, the pipeline originates at Flint Hills Resources Pine Bend Refinery in Rosemount and terminates at the CF Industries facility at 13040 Pine Bend Trail; and
WHEREAS, Minn. Stat. § 216G.05 requires the county board in which a pipeline route is proposed to be located to hold a public meeting within 60 days of receiving notification of the project; and
WHEREAS, the purpose of a public meeting is to provide information to the public concerning the pipeline proposed for construction, including the proposed route, the size of the pipeline, types of commodities to be carried, construction plan, and operating characteristics; and
WHEREAS, the Dakota County Board of Commissioners is required to appoint an inspector to conduct inspections regarding the installation of said pipeline pursuant to Minn. Stat. § 216G.07; and
WHEREAS, Minn Stat. § 216G.05 requires the facility owner to pay county inspector fees to the County Treasurer in the amount of $500 for each mile or fraction of a mile that will be constructed within the county; and
WHEREAS, based on the project plan, the sum to be paid to Dakota County under this formula will be $1,000.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners authorizes the scheduling, providing notice, and holding a public meeting on September 19, 2022, at the City of Rosemount Council Chambers at 5:00 p.m. to inform the public of the proposed pipeline project; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby appoints the County Engineer or their designee as the County Inspector pursuant with Minn. Stat § 216G.07; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners requests payment from Flints Hills Resources, LLC of $1,000 for statutory inspection fees; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners directs staff to publish notice of the special County Board meeting in a legal newspaper within the County and a newspaper of general circulation in the area of the meeting at least ten days but no more than 45 days before the meeting and also provide written notice to the clerk of each town and incorporated municipality in the County as required by Minn. Stat. § 216G.07.
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Map
Attachment: Flint Hills Pipeline Information Book
BOARD GOALS
☒ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
PUBLIC ENGAGEMENT LEVEL
☒ Inform and Listen ☐ Discuss ☐ Involve ☐ N/A
CONTACT
Department Head: Erin Laberee
Author: Kristi Sebastian