HomeMy WebLinkAbout08-05-2019 Council PacketCITY COUNCIL WORK SESSION AGENDA
CITY OF LINO LAKES
Monday, August 5, 2019
Community Room
6:00 P.M.
1. Small Wireless Facilities, Telecommunications Attorney Mike Bradley
2. Q2 2019 Public Safety Update, John Swenson
3. Public Works Facility, Rick DeGardner
4. Council Updates on Boards/Commissions, City Council
5. Monthly Progress Report, Jeff Karlson
6. Review Regular Agenda
7. Adjourn
WS – 1
WORK SESSION STAFF REPORT
Work Session Item No. 1
Date: August 5, 2019
To: City Council
From: Jeff Karlson, City Administrator
Re: Small Wireless Facilities
Background
The next generation of wireless services (called 5G) will require wireless providers to
install a large amount of lower hanging antennas connected to fiber optic cable that will
allow wireless providers to provide significantly higher internet speeds. The facilities
needed to provide 5G service are called small wireless facilities. The use of the word
“small” is used to describe the area covered by each antenna, not the size of the facilities.
Small wireless facilities include antennas, equipment cabinets, vertical conduit, power
supplies, etc. Typically, small wireless facilities are attached to utilities poles, such as a
light pole in the public right-of-way.
Over the past two years, the Minnesota legislature enacted a new small wireless facility
law and the FCC has released a small wireless facility order. These actions have placed
new restrictions on how cities may handle applications to install small cell facilities.
These restrictions include review and approval deadlines and limitations on fees.
The City of Lino Lakes participated in a group of Minnesota cities to engage the
municipal telecommunications law firm of Bradley Law, LLC to draft a model small
wireless facility ordinance to help the City comply with the new laws and to prepare for
the anticipated applications to install small wireless facilities in the City. Bradley Law
submitted a model ordinance, which was subsequently customized for use by the City.
The following is a high level summary of the small wireless facility ordinance.
Ordinance Summary
• Requires all wireless providers to obtain a small wireless facility permit from public
works prior to installing any small wireless facilities in the City.
• Directs the Public Services Director to develop a permit application form, and
additional design standards, construction standards, aesthetic standards, and other
permit requirements.
• Sets initial general standards for small wireless facilities.
• Sets forth the application process from start to finish.
• Establishes mandatory conditions for all permits.
• Provides the term of all small wireless facility permits.
• Lays out the process to deny or revoke a small wireless facility permit, including an
appeal to the City Council or the Council’s designee.
• Requires City inspection of permitted small wireless facilities.
• Includes provisions for removal of abandoned or unauthorized small wireless
facilities.
• Includes mandatory insurance provisions.
• Includes indemnification and defense of the City requirements.
• Application fees as set forth in the FCC’s small facility wireless order.
• Annual small wireless facility permit fees for small wireless facilities in the public
right-of-way as restricted by state law to the recovery of the City’s right-of-way
management costs. The Public Services Director is directed to determine the annual
fee.
• City-owned wireless support structure fees as limited by state law. This is for small
wireless facilities collocated on City-owned wireless support structures in the public
right-of-way.
• Annual fees for use of city-owned property outside of the public right-of-way. The
Public Services Director is directed to determine the fee per location and per request.
• Construction of fiber optic cable and other activity in the public right-of-way remain
subject to the City’s existing code and permitting requirements.
• Macro-cell towers remain subject to the City’s existing zoning code.
Staff met with a Verizon representative who explained the technology and approximate
timeline the small wireless facilities will be installed in Lino Lakes. Verizon is
estimating that it will be at least four years before 5G comes to Lino Lakes. Verizon has
implemented small wireless facilities in Minneapolis. Cities like Edina and St. Louis
Park will be next. Radios and antennas are typically attached to street light poles and
fiber cable is threaded inside the poles and connected from the nearest power source.
Each small wireless facility location has a range of 700 feet.
Mike Bradley of Bradley Law will be at the work session to provide an overview of the
new law and the draft ordinance.
Attachments
Ordinance No. 01-19
Requested Council Direction
Consider approving the first reading of the ordinance at the August 12th Council meeting.
1
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 01-19
AN ORDINANCE TO ENACT A NEW CHAPTER OF THE CODE OF
ORDINANCES RELATING TO SMALL WIRELESS FACILITIES,
ESTABLISHING GENERAL STANDARDS, A PERMITTING PROCESS,
GENERAL PERMITTING CONDITIONS, AND OTHER REQUIREMENTS
WHEREAS, it is anticipated that Wireless Providers will increasingly rely on accessing
the Public Right-of-Way of the City of Lino Lakes, Minnesota (the “City”) to Collocate
Small Wireless Facilities in order to provide improved service to their subscribers; and
WHEREAS, it is anticipated that Wireless Providers will more heavily depend on
obtaining use of public infrastructure in the Public Right-of-Way, such as Utility Poles
and other Wireless Support Structures, due to a much greater number of antennas being
required to provide next generation wireless services; and
WHEREAS, it is anticipated that the increased number of antennas will result in
economic benefits to the City and its residents; and
WHEREAS, the City desires through the passage of this ordinance to develop a process
that will allow Wireless Providers to rapidly deploy Small Wireless Facilities while
maintaining reasonable standards for the Public Right-of-Way within the City; and
WHEREAS, it is necessary and beneficial for the health, safety and welfare of the
community to update the City’s zoning regulations for the Collocation of Small Wireless
Facilities and installation or replacement of new Wireless Support Structures to
accommodate Small Wireless Facilities; and
WHEREAS, it is important to accommodate the growing need and demand for
telecommunications services while protecting the character of the City and its
neighborhoods; and
WHEREAS, there is a need to establish standards for location, aesthetics, and
compatibility for Small Wireless Facilities, Wireless Support Structures, and their uses;
and
WHEREAS, there is a need to encourage the availability of affordable, high-speed
internet and cellular telephone access for businesses and residents, acknowledging that a
growing number of businesses are conducted from remote or off-site locations, that
educational institutions increasingly incorporate online and distance learning
2
methodologies, and that government participation and emergency service to the general
public are enhanced by fast and reliable cellular and home internet connectivity; and
WHEREAS, there have been recent changes to the mandates of the Telecommunications
Act of 1996, the Middle Class Tax Relief and Job Creation Act of 2012, and other
applicable federal and state laws, including, but not limited to, Minnesota Statutes
Sections 237.162 and 237.163, that require the City to update its wireless regulations; and
WHEREAS, a mechanism for the permitting of Small Wireless Facilities, Micro
Wireless Facilities, and distributed antenna systems telecommunication uses is in the best
interest of the citizens of the City;
THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY,
MINNESOTA ORDAINS:
SECTION ONE: Title 300 of the Lino Lakes City Code is hereby amended to add new
Chapter 305, as follows:
Chapter 305: Small Wireless Facilities
§ 305.01 PURPOSE
(1) The purpose of this Chapter is to establish specific requirements for obtaining a
Small Wireless Facility Permit for the installation, mounting, modification,
operation, and replacement of Small Wireless Facilities and installation or
replacement of Wireless Support Structures by commercial Wireless Providers on
public and private property, including in the Public Right-of-Way.
(2) This Chapter does not apply to any Wireline Facilities, including Wireline Backhaul
Facilities. A Wireless Provider must obtain an excavation permit pursuant to
Chapter 304 of City Code or other applicable authorization for use of the Public
Right-of-Way to construct, install, replace, or modify any Wireline Backhaul
Facility, such as fiber optic cable. The granting of a Small Wireless Facility Permit
pursuant to this Chapter is not a grant of such authorization.
§ 305.02 DEFINITIONS
In this Chapter, the following terms shall have the meaning ascribed to them below:
(1) “Applicable Law” shall mean all applicable federal, state, and local laws, codes,
rules, regulations, orders, and ordinances, as the same be amended or adopted from
time to time.
(2) “Applicant” shall mean any Person submitting a Small Wireless Facility Permit
Application under this Chapter.
3
(3) “City” shall mean the City of Lino Lakes, Minnesota.
(4) “Collocate” or “Collocation” shall mean to install, mount, maintain, modify,
operate, or replace a Small Wireless Facility on, under, within, or adjacent to an
existing Wireless Support Structure that is owned privately or by the City.
(5) “Days” shall be counted in calendar days unless otherwise specified. When the day,
or the last day, for taking any action or paying any fee falls on Saturday, Sunday, or
a Federal holiday, the action may be taken, or the fee paid, on the next succeeding
secular or business day.
(6) “Decorative Pole” shall mean a Utility Pole owned, managed, or operated by or on
behalf of the City or any other governmental entity that: (a) is specifically designed
and placed for an aesthetic purpose; and (b)(i) on which a nondiscriminatory rule or
code prohibits an appurtenance or attachment, other than: (A) a Small Wireless
Facility, (B) a specialty designed informational or directional sign; or (C) a
temporary holiday or special event attachment; or (ii) on which no appurtenance or
attachment has been placed, other than: (A) a Small Wireless Facility, (B) a
specialty designed informational or directional sign; or (C) a temporary holiday or
special event attachment.
(7) “Department” shall mean the Public Services Department of the City.
(8) “Design District” shall mean any district within the City within which architectural
design elements are required.
(9) “Director” shall mean the director of the Department.
(10) “Excavate” shall mean to dig into or in any way remove, physically disturb, or
penetrate a part of a Public Right-of-Way.
(11) “FCC” and “Commission” shall mean the Federal Communications Commission.
(12) “Historic District” shall mean a geographically definable area, urban or rural, that
possesses a significant concentration, linkage or continuity of sites, buildings,
structures or objects united historically or aesthetically by plan or physical
development. A district may also comprise individual elements separated
geographically during the period of significance but linked by association or
function.
(13) “Micro Wireless Facility” shall mean a Small Wireless Facility that is no larger
than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior
antenna, if any, is no longer than 11 inches.
(14) “Obstruct” shall mean to place a tangible object in a Public Right-of-Way so as to
hinder free and open passage over that or any part of the Public Right-of-Way.
4
(15) “Permittee” shall mean a Person that has been granted a Small Wireless Facility
Permit by the Department.
(16) “Person” shall mean any individual, group, company, partnership, association,
joint stock company, trust, corporation, society, syndicate, club, business, or
governmental entity. “Person” shall not include the City.
(17) “Public Right-of-Way” shall mean the area on, below, or above a public roadway,
highway, street, cartway, bicycle lane, and public sidewalk in which the City has an
interest, including other dedicated rights-of-way for travel purposes and utility
easement of the City.
(18) “Small Wireless Facility” shall mean: (a) a Wireless Facility that meets both of the
following qualifications: (i) each antenna is located inside an enclosure of no more
than six (6) cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all its exposed elements could fit within an enclosure of
no more than six (6) cubic feet; and (ii) all other wireless equipment associated with
the Small Wireless Facility, excluding electric meters, concealment elements,
telecommunications demarcation boxes, battery backup power systems, grounding
equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable
runs for the connection of power and other services, and any equipment concealed
from public view within or behind an existing structure or concealment, is in
aggregate no more than 28 cubic feet in volume; or (b) a Micro Wireless Facility.
(19) “Small Wireless Facility Permit” shall mean a permit issued by the Department
authorizing the installation, mounting, maintenance, modification, operation, or
replacement of a Small Wireless Facility or installation or replacement of a
Wireless Support Structure in addition to Collocation of a Small Wireless Facility
on the Wireless Support Structure.
(20) “Utility Pole” shall mean a pole that is used in whole or in part to facilitate
telecommunications or electric service. It does not include a traffic signal pole.
(21) “Wireline Backhaul Facility” shall mean a facility used to transport
communications data by wire from wireless facility to a communications network.
(22) “Wireless Facility” shall mean equipment at a fixed location that enables the
provision of Wireless Service between user equipment and a wireless service
network, including: (a) equipment associated with Wireless Service; (b) a radio
transceiver, antenna, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration; and
(c) a Small Wireless Facility. “Wireless Facility” does not include: (a) Wireless
Support Structures; (b) Wireline Backhaul Facilities; or (c) Coaxial or fiber-optic
cables between Utility Poles or Wireless Support Structures, or that are not
otherwise immediately adjacent to or directly associated with a specific antenna.
5
(23) “Wireless Provider” shall mean a provider of Wireless Service, including, but not
limited to, radio communication service carried on between mobile stations or
receivers and land stations, and by mobile stations communicating among
themselves and which permits a user generally to receive a call that originates
and/or terminates on the public switched network or its functional equivalent,
regardless of the radio frequencies used.
(24) “Wireless Service” shall mean any service using licensed or unlicensed wireless
spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a
mobile device, that is provided using Wireless Facilities. Wireless Service does not
include services regulated under Title VI of the Communications Act of 1934, as
amended, including a cable service under United States Code, title 47, section 522,
clause (6).
(25) “Wireless Support Structure” shall mean a new or existing structure in a Public
Right-of-Way designed to support or capable of supporting Small Wireless
Facilities, including, but not limited to, a Utility Pole or a building, as reasonably
determined by the Department.
§ 305.03 SMALL WIRELESS FACILITY PERMIT APPLICATIONS
(1) Application Form. The Director shall develop and make publicly available a form
Application. To the extent possible, the Director shall allow for Applications to be
consolidated pursuant to this Section. A complete Application must be submitted
for each Small Wireless Facility Permit desired.
(2) Consolidated Applications. A Wireless Provider may apply for up to 15 Small
Wireless Facility Permits in a Consolidated Application, provided all Small
Wireless Facilities in the Consolidated Application are located within a two-mile
radius, consist of substantially similar equipment, and are to be Collocated on
similar types of Wireless Support Structures. The Department shall review a
Consolidated Application as allowed by this Chapter. If necessary, the applied for
Small Wireless Facility Permits in a Consolidated Application may be approved or
denied individually, but the Department may not use the denial of one or more
permits as a basis to deny all Small Wireless Facility Permits in a Consolidated
Application. Any Small Wireless Facility Permits denied in a Consolidated
Application shall be subject to a single appeal.
(3) Information Not Required. The Department shall not require an Applicant to
provide any information that:
(a) Has previously been provided to the Department by the Applicant in a Small
Wireless Facility Permit Application, if the Applicant provides specific
reference to the previous Application containing the information sought by the
Department and the previous information remains unchanged; and
6
(b) Is not reasonably necessary to review a Small Wireless Facility Permit
Application for compliance with generally applicable and reasonable health,
safety, and welfare regulations, and to demonstrate compliance with applicable
Federal Communications Commission regulations governing audio frequency
exposure, or other information required by this Chapter.
§ 305.04 ESTABLISHMENT OF GENERAL STANDARDS
(1) General Standards. The Director shall establish and maintain a set of standards for
the installation, mounting, maintenance, modification, operation, or replacement of
Small Wireless Facilities and placing new or replacement Wireless Support
Structures in the Public Right-of-Way applicable to all Permittees under this
Chapter (the “General Standards”). The General Standards shall include, but not be
limited to, information to be required in a Small Wireless Facility Permit
Application, design standards, construction standards, aesthetic standards, a form
Application, permitting conditions, insurance and security requirements, and Rates
and Fees.
(2) Design Standards. Any design standards established by the Director shall be: (a)
reasonable and nondiscriminatory, and (b) include additional installation and
construction details that do not conflict with this Chapter, including, but not limited
to, a requirement that: (i) an industry standard pole load analysis be completed and
submitted an the City, indicating that the Wireless Support Structure to which the
Small Wireless Facility is to be attached will safely support the load, and (ii) Small
Wireless Facility equipment on new and existing Wireless Support Structures be
placed higher than fifteen (15) feet above ground level. The Director shall
additionally include the following in any design standards established under this
Chapter:
(a) Any Wireless Support Structure installed in the Public Right-of-Way after May
31, 2017 may not exceed fifty (50) feet above ground level, unless the City
agrees to a greater height, subject to local zoning regulations, and may be
subject to separation requirements in relation to other Wireless Support
Structures.
(b) Any Wireless Support Structure replacing an existing Wireless Support
Structure that is more than fifty (50) feet above ground level may be placed at
the height of the existing Wireless Support Structure, unless the City agrees to a
greater height, subject to zoning regulations.
(c) Wireless Facilities constructed in the Public Right-of-Way after May 31, 2017
may not extend more than ten (10) feet above an existing Wireless Support
Structure in place as of May 31, 2017.
(d) If necessary to Collocate a Small Wireless Facility, a Wireless Provider may
7
replace a Decorative Pole, if the replacement pole reasonably conforms to the
design and aesthetic qualities of the displaced Decorative Pole.
(e) A Wireless Provider shall comply with the City’s requirements to install
facilities underground, including, without limitation, compliance with § 304.19
(Undergrounding) of City Code.
(f) All Small Wireless Facilities Collocated or Wireless Support Structures
installed in a Design District or Historic District shall comply with any design
or concealment or other measures required by the City.
(3) Construction Standards. Any construction standards established by the Director
shall include at least the following terms and conditions:
(a) Compliance with Applicable Law. To the extent this requirement is not
preempted or otherwise legally not enforceable, a Permittee shall comply with
all Applicable Law and applicable industry standards.
(b) Prevent Interference. A Permittee shall Collocate, install, and continuously
operate any authorized Small Wireless Facilities and Wireless Support
Structures in a manner that prevents interference with other Wireless Facilities
and other facilities in the Right-of-Way and the operation thereof. With
appropriate permissions from the Department, a Permittee shall, as is necessary
for the safe and reliable operation, use, and maintenance of an authorized Small
Wireless Facility or Wireless Support Structure, maintain trees as prescribed by
standards promulgated by the Department.
(c) Other Rights Not Affected. A Permittee shall not construe a contract, permit,
correspondence, or other communication from the City as affecting a right,
privilege, or duty previously conferred or imposed by the Department to or on
another Person.
(d) Restoration. A Permittee, after any excavation of a Public Right-of-Way, shall
provide for restoration of the affected Public Right-of-Way and surrounding
areas, including the pavement and its foundation, to the same condition that
existed before the excavation. If a Permittee fails to adequately restore the
Public Right-of-Way within a specified date, the Department may:
i. itself restore the Public Right-of-Way and recover from the Permittee the
reasonable costs of the surface restoration; or
ii. recover from the Permittee a reasonable degradation fee associated with a
decrease in the useful life of the Public Right-of-Way caused by the
excavation.
A Permittee that disturbs uncultivated sod in the excavation or obstruction of
8
the Public Right-of-Way shall plant grasses that are native to Minnesota and,
wherever practicable, that are of the local eco-type, as part of the restoration
required under this Section, unless the owner of the real property over which
the Public Right-of-Way traverses objects. In restoring the Public Right-of-
Way, the Permittee shall consult with the Department of Wildlife
Conservation regarding the species of native grasses that conform to the
requirements of this paragraph.
(e) Permittee’s Liability. A Permittee is solely responsible for the risk and expense of
the Collocation of the Permittee’s Small Wireless Facility and installing or
replacing the Permittee’s Wireless Support Structure. The City neither warrants
nor represents that any area within the Public Right-of-Way is suitable for such
Collocation or installation or replacement. A Permittee shall accept the Public
Right-of-Way “as is” and “where is” and assumes all risks related to any use. The
City is not liable for damage to Small Wireless Facilities due to an event of
damage to a Wireless Support Structure in the Public Right-of-Way.
§ 305.05 SMALL WIRELESS FACILITY APPLICATION REVIEW PROCESS
(1) Eligibility for Review. An Application shall be eligible for review if the
Application conforms to the General Standards adopted by the Director.
(2) Authorization. A Small Wireless Facility Permit issued pursuant to any
Application processed hereunder shall authorize: (1) the installation, mounting,
modification, operation, and replacement of a Small Wireless Facility in the Public
Right-of-Way or City-owned property; or (2) construction of a new, or replacement
of an existing, Wireless Support Structure, and Collocation of a Small Wireless
Facility on the Wireless Support Structure.
(3) Review Process. An Application submitted pursuant to this Section shall be
reviewed as follows:
(a) Submission of Application. Applicant shall submit a complete Application
accompanied by the appropriate application fee as set forth in Section 305.15
(Fees and Costs) to the Department. Prior to submitting a Small Wireless
Facility Permit Application, an Applicant shall inspect any Wireless Support
Structure on which it proposes to Collocate a Small Wireless Facility and
determine, based on a structural engineering analysis by a Minnesota registered
professional engineer, the suitability of the Wireless Support Structure for the
proposed Collocation. The structural engineering analysis shall be submitted to
the Department with the Application, and shall certify that the Wireless Support
structure is capable of safely supporting the proposed Small Wireless Facility
considering conditions at the proposed location, including the condition of the
Public Right-of-Way, hazards from traffic, exposure to wind, snow and ice, and
other conditions affecting the proposed Small Wireless Facility that may be
reasonably anticipated.
9
(b) Application Review Period. The Department shall, within 60 days after the date
a complete Application for the Collocation is submitted to the Department, issue
or deny a Small Wireless Facility Permit pursuant to the Application. The
Department shall, within 90 days after the date a complete Application is
submitted for a new or replacement Wireless Support Structure, in addition to
the Collocation of a Small Wireless Facility, issue or deny a Small Wireless
Facility Permit pursuant to the Application. If the Department receives
applications within a single seven-day period from one or more Applicants
seeking approval of Small Wireless Facility Permits for more than 30 Small
Wireless Facilities or 10 Wireless Support Structures, the Department may
extend the 90-day review period of this Chapter by an additional 30 days. If the
Department elects to invoke this extension, it must inform in writing any
Applicant to whom the extension will be applied.
(c) Completeness Determination. The Department shall review a Small Wireless
Facility Permit Application for completeness following submittal. The
Department shall provide a written notice of incompleteness to the Applicant
within 10 days of receipt of the Application, clearly and specifically delineating
all missing documents or information. Information delineated in the notice is
limited to documents or information publicly required as of the date of
application and reasonably related to the Department’s determination of whether
the proposed equipment falls within the definition of a Small Wireless Facility,
and whether the proposed deployment satisfies all health, safety, and welfare
regulations applicable to the Small Wireless Facility Permit and complies with
this Chapter and applicable Standards promulgated by the Department. If an
Applicant fails to respond to the Department’s notice of incompleteness within
90 days, the Application shall be deemed expired and no Small Wireless
Facility Permit shall be issued. Upon an Applicant’s submittal of additional
documents or information in response to a notice of incompleteness, the
Department shall within 10 days of submission notify the applicant in writing of
any information requested in the initial notice of incompleteness that is still
missing. Second or subsequent notices of incompleteness may not specify
documents or information that was not delineated in the original notice of
incompleteness.
(d) Reset and Tolling of Review Period. In the event that a Small Wireless Facility
Permit Application is incomplete, and the Department has provided a timely and
complete written notice of incompleteness, then the applicable review period
shall be reset, pending the time between when a notice is mailed and the
submittal of information in compliance with the notice. Subsequent notices shall
toll the applicable review period. An Applicant and the Department can
mutually agree in writing to toll the applicable review period at any time.
(e) Moratorium Prohibited. Notwithstanding any Applicable Law to the contrary,
including, but not limited to, Minnesota Statutes Sections 394.34 and 462.355,
10
the Department shall not establish any moratorium with respect to the filing,
receiving, or processing of applications for Small Wireless Facility Permits, or
issuing or approving Small Wireless Facility Permits.
(f) Nondiscriminatory Processing of Applications. The Department shall ensure
that any Application processed under this Chapter is performed on a
nondiscriminatory basis.
(g) Permit Not Required. A Permittee shall provide 30 days advance written notice
to the Department, but shall not be required to obtain a Small Wireless Facility
Permit, or pay an additional Small Wireless Facility Permit fee for:
i. routine maintenance;
ii. the replacement of a Small Wireless Facility with a Small Wireless
Facility that is substantially similar to or smaller in size; or
iii. the installation, placement, maintenance, operation, or replacement of a
Micro Wireless Facility that is strung on a cable between existing Utility
Poles, in compliance with the National Electrical Safety Code.
§ 305.06 SMALL WIRELESS FACILITY PERMIT CONDITIONS
(1) General Conditions of Approval. In processing and approving a Small Wireless
Facility Permit, the Department shall condition its approval on compliance with:
(a) Generally applicable and reasonable health, safety, and welfare regulations
consistent with the City’s Public Right-of-Way management;
(b) Reasonable accommodations for a Decorative Pole;
(c) Any reasonable restocking, replacement, or relocation requirements when a new
Wireless Support Structure is placed in the Public Right-of-Way;
(d) Construction of the proposed Small Wireless Facility within six (6) months
from the date the Small Wireless Facility Permit is issued;
(e) Obtaining additional authorization for use of the Public Right-of-Way for the
construction of Wireline Backhaul Facilities or any other wired facilities;
(f) Compliance with the City’s General Standards; and
(g) Compliance with all Applicable Law.
(2) Generally Applicable and Reasonable Health, Safety, and Welfare Regulations.
Generally applicable and reasonable health, safety, and welfare regulations for
purposes of this Section include, without limitation, the following:
(a) A structural engineering analysis by a Minnesota registered professional
engineer certifying that a Wireless Support Structure can reasonably support a
proposed Small Wireless Facility considering the conditions of the street, the
anticipated hazards from traffic to be encountered at the proposed location, and
any wind, snow, ice, or other conditions that may be reasonably anticipated at
the proposed location;
11
(b) A determination by the Department that, based upon reasonable engineering
judgment, a proposed Small Wireless Facility is of excessive size or weight or
would otherwise subject a Wireless Support Structure to an unacceptable level
of stress;
(c) A determination by the Department that, based upon reasonable engineering
judgment, a proposed Small Wireless Facility would cause undue harm to the
reliability or integrity of the City’s electrical infrastructure or would likely
violate generally applicable electrical or engineering principles;
(d) A determination by the Department that a proposed Small Wireless Facility
presents an unreasonable safety hazard as specifically and reasonably identified
by the Department;
(e) A determination by the Department that a proposed Small Wireless Facility
impairs the City’s ability to operate or maintain the Public Right-of-Way; or
(f) A determination by the Department that a proposed Small Wireless Facility
cannot be placed due to insufficient capacity and the infrastructure cannot be
modified or enlarged consistent with the requirements of this Chapter and the
Department’s General Standards;
(g) A determination by the Department that a proposed Small Wireless Facility is in
violation of the National Electric Safety Code or Applicable Law.
(3) Authorized Use. An approval of a Small Wireless Facility Permit under this
Section authorizes the Collocation of a Small Wireless Facility on an existing
Wireless Support Structure to provide Wireless Services, or the installation or
replacement of a Wireless Support Structure and Collocation of a Small Wireless
Facility, and shall not be construed to confer authorization to:
(a) provide any service other than Wireless Service;
(b) construct, install, maintain, or operate any Small Wireless Facility or Wireless
Support Structure in a Right-of-Way other than the approved Small Wireless
Facility or Wireless Support Structure; or
(c) install, place, maintain, or operate a Wireline Backhaul Facility in the Right-of-
Way.
(4) Other Permits Required. Any Person desiring to obstruct or perform excavation in
a Public Right-of-Way within the City for purposes of Collocating a Small Wireless
Facility or installing or replacing a Wireless Support Structure shall, consistent with
Chapter 304 of the City Code, obtain the necessary permit from the City prior to
conducting any such activities.
(5) Exclusive Arrangements Prohibited. The City shall not enter into an exclusive
arrangement with any Person for use of a Public Right-of-Way for the Collocation
12
of a Small Wireless Facility or for the installation or operation of a Wireless
Support Structure.
(6) Unauthorized Small Wireless Facility. No Person shall install, mount, modify,
operate, or replace a Small Wireless Facility in the Public Right-of-Way or on City-
owned property, or install or replace a Wireless Support Structure without first
obtaining a Small Wireless Facility Permit from the City.
(a) If an unauthorized Small Wireless Facility or Wireless Support Structure is
discovered, the Department shall provide written notice to the owner of the
unauthorized Small Wireless Facility within five days of discovery of the
unauthorized Small Wireless Facility. If an owner of an unauthorized Small
Wireless Facility or Wireless Support Structure cannot be reasonably identified,
the Department need not provide any written notice.
(b) If the owner of an unauthorized Small Wireless Facility or Wireless Support
Structure can be reasonably identified, the Department may remove the
unauthorized Small Wireless Facility or Wireless Support Structure without
incurring liability to the owner of the Small Wireless Facility or Wireless
Support Structure and at the owner’s sole expense no sooner than five days after
providing notice of the Department’s discovery of the unauthorized Small
Wireless Facility or Wireless Support Structure to the owner.
(c) If the owner of an unauthorized Small Wireless Facility or Wireless Support
Structure cannot be reasonably identified, the Department may remove the
unauthorized Small Wireless Facility or Wireless Support Structure without
incurring liability to the owner of the Small Wireless Facility or Wireless
Support Structure and at the owner’s sole expense.
(7) Relocation. The Department may require a Permittee to relocate or modify a Small
Wireless Facility or Wireless Support Structure in a Public Right-of-Way or on
City-owned property in a timely manner and at the Permittee’s cost if the
Department determines that such relocation or modification is required to protect
public health, safety and welfare, or to prevent interference with other facilities
authorized pursuant to this chapter, or to prevent interference with public works
projects of the Department.
(8) Security Required. Each Permittee shall submit and maintain with the Department
a bond, cash deposit, or other security acceptable to the Department, in a form and
amount determined by the Department in accordance with the General Standards,
securing the faithful performance of the obligations of the Permittee and its agents
under any and all Small Wireless Facility Permits issued to the Permittee under this
Chapter. If, in accordance with this Chapter, the Department deducts any amounts
from such security, the Permittee must restore the full amount of the security prior
to the Department’s issuance of any subsequent Small Wireless Facility Permit. The
Department shall return or cancel the security should the Permittee cease to operate
13
any Small Wireless Facilities in the Right-of-Way.
(9) Payment of Fees Required. A Small Wireless Facility Permit shall not be issued
prior to the complete payment of all applicable Fees.
(10) Notice of Assignment Required. A Permittee upon or within 10 calendar days
after transfer, assignment, conveyance, or sublet of an attachment that changes the
permit and/or billing entity or ownership responsibilities shall provide written
notification to the Department.
§ 305.07 SMALL WIRELESS FACILITY PERMIT TERM
(1) Term. A Small Wireless Facility Permit for a Small Wireless Facility in the Public
Right-of-Way shall have a term equal to the length of time that the Small Wireless
Facility is in use, unless the Small Wireless Facility Permit is revoked under this
Chapter or is otherwise allowed to be limited by Applicable Law. The term for all
other Small Wireless Facility Permits shall be for a period of up to 10 years.
§ 305.08 DENIAL OR REVOCATION OF A SMALL WIRELESS FACILITY
PERMIT
(1) Permit Denial. The Department may deny any Small Wireless Facility Permit if the
Applicant does not comply with all provisions of this Chapter, or if the Department
determines that the denial is necessary to protect public health, safety, and welfare,
or when necessary to protect the Public Right-of-Way and its current use.
(2) Permit Revocation. The Department may revoke a Small Wireless Facility Permit,
with or without refund, in the event of a substantial breach of the terms and
conditions of any statute, ordinance, rule, or regulation, or any material condition of
the Small Wireless Facility Permit. A substantial breach includes, but is not limited
to, the following:
(a) a material violation by act or omission of a provision of a Small Wireless
Facility Permit;
(b) an evasion or attempt to evade any material provision of a Small Wireless
Facility Permit, or the perpetration or attempt to perpetrate any fraud or deceit
upon the City or its citizens;
(c) a material misrepresentation of fact in a Small Wireless Facility Permit
Application;
(d) a failure to correct, in a timely manner, Collocation of a Small Wireless Facility
or installation or replacement of a Wireless Support Structure that does not
conform to applicable standards, conditions, or codes, upon inspection and
notification by the Department of the faulty condition;
(e) a Permittee fails to make timely payments of any fees due, and does not correct
such failure within 20 days after receipt of written notice by the City of such
failure;
14
(f) a Permittee becomes insolvent, unable or unwilling to pay its debts, is adjudged
bankrupt, or all or part of its Small Wireless Facilities or Wireless Support
Structures are sold under an instrument to secure a debt and is not redeemed by
the Permittee within 60 days; or
(g) a failure to complete Collocation of a Small Wireless Facility or installation,
modification, or replacement of a Wireless Support Structure within 270 days of
the date a Small Wireless Facility Permit authorizing such activity is granted,
unless the Department and the Permittee agree to extent the two-hundred
seventy day period or there is a lack of commercial power or communications
transport infrastructure to the installation site.
(1) Written Notice Required. Any denial or revocation of a Small Wireless Facility
Permit shall be made in writing and shall document the basis for the denial or
revocation. The Department shall notify the Applicant or Permittee in writing
within three days of a decision to deny or revoke a Small Wireless Facility Permit.
If a Small Wireless Facility Permit Application is denied, the Applicant may cure
the deficiencies identified by the Department and submit its Application. If the
Applicant resubmits the Application within 30 days of receiving written notice of
the denial, it may not be charged an additional filing or processing fee. The
Department must approve or deny the revised application within 30 days after the
revised application is submitted. If Small Wireless Facility Permit or Wireless
Support Structure Permit is revoked, the Small Wireless Facility or Wireless
Support Structure shall be subject to removal in accordance with Section 305.11
(Removal of a Small Wireless Facility or Wireless Support Structure).
§ 305.09 CITY INSPECTION OF A SMALL WIRELESS FACILITY OR
WIRELESS SUPPORT STRUCTURE
(1) Inspection Permitted. The Department may inspect, at any time, a Permittee’s
Collocation of a Small Wireless Facility or installation or replacement of a Wireless
Support Structure. The Department shall determine during an inspection whether
the Permittee’s Small Wireless Facility or Wireless Support Structure is in
accordance with the requirements of the Permittee’s applicable Small Wireless
Facility Permit and other Applicable Law.
(2) Suspension of Activities. During an inspection, if the Department determines that a
Permittee has violated any material term of the Permittee’s Small Wireless Facility
Permit or this Chapter, the Department may suspend the Permittee’s Small Wireless
Facility Permit. The Department shall provide prompt written notice of any
suspension to a Permittee, including the violations giving rise to the suspension. A
suspension under this Paragraph is effective until a Permittee corrects the alleged
violation(s), at the Permittee’s sole expense. If the violation(s) are not corrected
within 30 days after the date of such notice, the Small Wireless Facility or Wireless
Support Structure shall be subject to removal in accordance with Section 305.11
(Removal of a Small Wireless Facility or Wireless Support Structure). A Permittee
may appeal any suspension issued under this paragraph to the Department as
15
provided in Section 305.12 (Appeals).
§ 305.10 ABANDONMENT
(1) Abandoned Small Wireless Facilities and Wireless Support Structures. Where
a Small Wireless Facility or Wireless Support Structure is not properly maintained
or has not been used for the primary purpose of providing Wireless Services for 12
consecutive months, the Department may designate the Small Wireless Facility or
Wireless Support Structure as abandoned. The Department shall provide written
notice to a Permittee within 10 days of the Permittee’s Small Wireless Facility or
Wireless Support Structure being designated as abandoned.
§ 305.11 REMOVAL OF A SMALL WIRELESS FACILITY OR WIRELESS
SUPPORT STRUCTURE
(1) Removal Permitted. The Department may remove, at Permittee’s expense, or
require a Permittee to remove, any Small Wireless Facility or Wireless Support
Structure if:
(a) The Small Wireless Facility Permit or Wireless Support Structure Permit is
revoked under this Chapter or expires without renewal; or
(b) The Small Wireless Facility or Wireless Support Structure is designated by the
Department as abandoned under Section 305.10 (Abandonment).
(2) Notice to Permittee; Time to Remove. The Department shall provide written
notice to the Permittee that it must remove a Small Wireless Facility or Wireless
Support Structure under this section, including the reasons therefor. If the Permittee
does not remove the Small Wireless Facility or Wireless Support Structure within
30 days after the date of such notice, the Department may remove it at the
Permittee’s expense without further notice to the Permittee.
§ 305.12 APPEALS
(1) Appeal. An Applicant or Permittee may have the denial or revocation of a Small
Wireless Facility Permit, or fees and costs required by this Chapter reviewed, upon
written request, by the City Council or its designee. The City Council or its
designee shall act on a timely written request at its next regularly scheduled
meeting. A decision by the City Council or its designee affirming a denial,
revocation, or fee shall be in writing and supported by written findings establishing
the reasonableness of the decision.
§ 305.13 INSURANCE
(1) Minimum Coverage. The Department shall require that each Permittee maintain in
full force and effect, throughout the term of a Small Wireless Facility Permit, an
insurance policy or policies issued by an insurance company or companies
16
satisfactory to the City's Risk Manager. Such policy or policies shall, at a minimum,
afford insurance covering all of the Permittee’s operations, vehicles, employees,
agents, subcontractors, successors, and assigns as follows:
(a) Workers' compensation, in statutory amounts, with employers' liability limits
not less than $500,000 each accident, injury, or illness;
(b) Commercial general liability insurance with limits not less than $2,000,000 each
occurrence combined single limit for bodily injury and property damage,
including contractual liability, personal injury, products and completed
operations;
(c) Commercial automobile liability insurance with limits not less than $1,000,000
each occurrence combined single limit for bodily injury and property damage,
including owned, non-owned and hired auto coverage, as applicable; and
(d) Contractors' pollution liability insurance, on an occurrence form, with limits not
less than $1,000,000 each occurrence combined single limit for bodily injury
and property damage and any deductible not to exceed $25,000 each
occurrence.
(2) Insurance Requirements. Each Permittee’s insurance policy or policies are
subject to the following:
(a) Said policy or policies shall include the City and its officers and employees
jointly and severally as additional insureds, shall apply as primary insurance,
shall stipulate that no other insurance effected by the City will be called on to
contribute to a loss covered thereunder, and shall provide for severability of
interests.
(b) Said policy or policies shall provide that an act or omission of one insured,
which would void or otherwise reduce coverage, shall not reduce or void the
coverage as to any other insured. Said policy or policies shall afford full
coverage for any claims based on acts, omissions, injury, or damage which
occurred or arose, or the onset of which occurred or arose, in whole or in part,
during the policy period.
(c) Said policy or policies shall be endorsed to provide 30 calendar days advance
written notice of cancellation or any material change to the Department.
(d) Should any of the required insurance be provided under a claims-made form, a
Permittee shall maintain such coverage continuously throughout the term of a
Small Wireless Facility Permit, and, without lapse, for a period of three years
beyond the expiration or termination of the Small Wireless Facility Permit, to
the effect that, should occurrences during the term of the Small Wireless
Facility Permit give rise to claims made after expiration or termination of the
Small Wireless Facility Permit, such claims shall be covered by such claims-
made policies.
17
(e) Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit or provides that claims investigation
or legal defense costs be included in such general annual aggregate limit, such
general aggregate limit shall be double the occurrence or claims limits specified
herein.
(3) Indemnity Obligation. Such insurance shall in no way relieve or decrease a
Permittee’s or its agent’s obligation to indemnify the City pursuant to this Chapter.
(4) Proof of Insurance. Before the Department will issue a Small Wireless Facility
Permit, an Applicant shall furnish to the Department certificates of insurance and
additional insured policy endorsements with insurers that are authorized to do
business in the State of Minnesota and that are satisfactory to the Department
evidencing all coverages set forth herein.
§ 305.14 INDEMNIFICATION AND DEFENSE OF CITY
(1) Indemnification of City. As a condition of issuance of a Small Wireless Facility
Permit, each Permittee agrees on its behalf and on behalf of its agents, successors,
or assigns, to indemnify, defend, protect, and hold harmless the City from and
against any and all claims of any kind arising against the City as a result of the
issuance of the Small Wireless Facility Permit including, but not limited to, a claim
allegedly arising directly or indirectly from the following:
(a) Any act, omission, or negligence of a Permittee or its any agents, successors, or
assigns while engaged in the permitting or Collocation of any Small Wireless
Facility or installation or replacement of any Wireless Support Structure, or
while in or about the Public Right-of-Way that are subject to the Small Wireless
Facility Permit for any reason connected in any way whatsoever with the
performance of the work authorized by the Small Wireless Facility Permit, or
allegedly resulting directly or indirectly from the permitting or Collocation of
any Small Wireless Facility or installation or replacement of any Wireless
Support Structure authorized under the Small Wireless Facility Permit;
(b) Any accident, damage, death, or injury to any of a Permittee's contractors or
subcontractors, or any officers, agents, or employees of either of them, while
engaged in the performance of Collocation of any Small Wireless Facility or
installation or replacement of any Wireless Support Structure authorized by a
Small Wireless Facility Permit, or while in or about the Public Right-of-Way
that are subject to the Small Wireless Facility Permit, for any reason connected
with the performance of the work authorized by the Small Wireless Facility
Permit, including from exposure to radio frequency emissions;
(c) Any accident, damage, death, or injury to any Person or accident, damage, or
injury to any real or personal property in, upon, or in any way allegedly
connected with the Collocation of any Small Wireless Facility or installation or
18
replacement of any Wireless Support Structure authorized by a Small Wireless
Facility Permit, or while in or about the Public Right-of-Way that are subject to
the Small Wireless Facility Permit, from any causes or claims arising at any
time, including any causes or claims arising from exposure to radio frequency
emissions; and
(d) Any release or discharge, or threatened release or discharge, of any hazardous
material caused or allowed by a Permittee or its agents about, in, on, or under
the Public Right-of-Way.
(2) Defense of City. Each Permittee agrees that, upon the request of the Department,
the Permittee, at no cost or expense to the City, shall indemnify, defend, and hold
harmless the City against any claims as set forth in this Section, regardless of the
alleged negligence of the City or any other party, except for claims resulting
directly from the sole negligence or willful misconduct of the City. Each Permittee
acknowledges and agrees that it has an immediate and independent obligation to
defend the City from any claims that actually or potentially fall within the
indemnity provision, even if the allegations are or may be groundless, false, or
fraudulent, which obligation arises at the time such claim is tendered to the
Permittee or its agent by the City and continues at all times thereafter. Each
Permittee further agrees that the City shall have a cause of action for indemnity
against the Permittee for any costs the City may be required to pay as a result of
defending or satisfying any claims that arise from or in connection with a Small
Wireless Facility Permit, except only for claims resulting directly from the sole
negligence or willful misconduct of the City. Each Permittee further agrees that the
indemnification obligations assumed under a Small Wireless Facility Permit shall
survive its expiration or completion of Collocation of any Small Wireless Facility
authorized by the Small Wireless Facility Permit.
(3) Additional Requirements. The Department may specify in a Small Wireless
Facility Permit such additional indemnification requirements as are necessary to
protect the City from risks of liability associated with the Permittee's Collocation of
any Small Wireless Facility or installation or replacement of any Wireless Support
Structure.
§ 305.15 FEES AND COSTS
(1) Application Fees. The Department shall charge a fee for reviewing and processing
a Small Wireless Facility Permit Application. The purpose of this fee is to enable
the Department to recover its costs directly associated with reviewing a Small
Wireless Facility Permit Application.
(a) The Department shall charge a fee of $500 for a Small Wireless Facility Permit
Application seeking to Collocate up to five Small Wireless Facilities. This fee
shall increase by $100 for each additional Small Wireless Facility that an
Applicant seeks to Collocate.
19
(b) The Department shall charge a fee of $1,000 for a Small Wireless Facility
Permit Application seeking to install or replace a Wireless Support Structure in
addition to Collocating of a Small Wireless Facility on the Wireless Support
Structure.
Commencing January 1, 2020, the Department shall adjust the Application Fees annually
by the consumer price index for the Minneapolis-St. Paul area.
(2) Annual Small Wireless Facility Permit Fee. The Department shall charge an
Annual Small Wireless Permit Fee for each Small Wireless Facility Permit issued to
a Permittee. The Annual Small Wireless Permit Fee shall be determined by the
Director and listed in the City’s Fee Schedule. The Annual Small Wireless Permit
Fee shall be based upon the recovery of the City’s rights-of-way management costs.
(3) City-Owned Wireless Support Structure Fees. The Department shall charge the
following fees to the owner of any Small Wireless Facility Collocated on a Wireless
Support Structure owned by the City or its assigns located in the Public Right-of-
Way:
(a) $150 per year for rent to occupy space on the Wireless Support Structure;
(b) $25 per year for maintenance associated with the space occupied on the
Wireless Support Structure; and
(c) a monthly fee for electricity used to operate the Small Wireless Facility, if not
purchased directly from a utility, at the rate of:
i. $73 per radio node less than or equal to 100 max watts;
ii. $182 per radio node over 100 max watts; or
iii. the actual costs of electricity if the actual costs exceed the above.
(4) City-Owned Property Fees. The Department shall charge an annual fee for
collocating Small Wireless Facilities on City-owned property not located in the
public right-of-way. The Department shall determine a reasonable and
nondiscriminatory annual fee on a per location and per request basis.
(5) Discretion to Require Additional Fees. In instances where the review of a Small
Wireless Facility Permit Application is or will be unusually costly to the
Department, the Director, in his or her discretion, may, after consulting with other
applicable City departments, agencies, boards, or commissions, require an
Applicant to pay a sum in excess of the other fee amounts charged pursuant to this
Section. This additional sum shall be sufficient to recover the actual, reasonable
costs incurred by the Department and/or other City departments, agencies, boards,
or commissions, in connection with a Small Wireless Facility Permit Application
and shall be charged on a time and materials basis. Whenever additional fees are
charged, the Director, upon request, shall provide in writing the basis for the
additional fees and an estimate of the additional fees. The Department may not
require a fee imposed under this Chapter through the provision of in-kind services
20
by an Applicant as a condition of consent to use to City’s Public Right-of-Ways or
to obtain a Small Wireless Facility Permit.
(6) Reimbursement of City Costs. The Department may determine that it requires the
services of an expert in order to evaluate a Small Wireless Facility Permit
Application. In such cases, the Department shall not issue a Small Wireless Facility
Permit pursuant to the Application unless the Applicant agrees to reimburse the
Department for the actual, reasonable costs incurred for the services of a technical
expert.
§ 305.16 SEVERABILITY
(1) Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or
phrase of this Chapter or any part thereof is for any reason held to be
unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of
this Chapter or any part thereof.
SECTION TWO: Section 304.03(1) of the Lino Lakes City Code is hereby amended, as
follows:
§ 304.03 PERMIT REQUIREMENT.
(1) Permit required. Except as otherwise provided in this code, no person may obstruct
or excavate any right-of-way, including county roads or state highways within the
city, collocate a small wireless facility, or install or replace a wireless support
structure in addition to collocate a small wireless facility on the wireless support
structure without first having obtained the appropriate permit from the city.
(a) Excavation permit. An excavation permit is required to excavate that part of the
right-of-way described in the 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 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.
(c) Small wireless facility permit. A small wireless facility permit is required to
collocate a small wireless facility in the right-of-way or to install or replace a
wireless support structure in the right-of-way in addition to collocating a small
wireless facility on the wireless support structure, to the extent and for the
duration described in Chapter 305 of the Lino Lakes City Code.
21
SECTION THREE: Section 1007.053(1) of the Lino Lakes Zoning Code is hereby
amended, as follows:
§ 1007.053 ANTENNAS.
(1) Purpose and Intent. The purpose of this section is to establish predictable and
balanced regulations for the siting and screen of wireless communications equipment
in order to accommodate the growth of wireless communication systems within the
City of Lino Lakes while protecting the public against any adverse impacts on the
City’s aesthetic resources and the public welfare. The provisions of the section are
intended to maximize the use of existing towers, structures, and buildings to
accommodate new wireless telecommunication antennas in order to minimize the
number of towers needed to serve the community. The Collocation of a Small
Wireless Facility and the installation or replacement of a Wireless Support Structure
in connection with the Collocation of a Small Wireless Facility on the Wireless
Support Structure is subject to Chapter 305 of the Lino Lakes City Code.
Adopted by the Lino Lakes City Council this ____ day of __________________, 2019.
The motion for the adoption of the foregoing ordinance was introduced by
Councilmember _____________ and was duly seconded by Councilmember
___________ and upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
____________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
WS – Item 2
WORK SESSION STAFF REPORT
Work Session Item 2
Date: August 5, 2019
To: City Council
From: John Swenson, Public Safety Director
Re: Public Safety Update
Update
Staff will be on hand to present 2nd Quarter 2019 Public Safety Update
Attachments
2019 Q2 Update
7/31/2019 12:00 PM
• Average Response Time Q2 (emergency & non-emergency) 5 minutes and 21 seconds.
• 2019 Q2 Average emergency response for medicals, 4 minutes and 6 seconds.
• 2019 Q2 Average non-emergency response for medicals, 4 minutes and 55 seconds.
• Police staff responded to all 194 medical calls for service (CFS) and POC fire staff responded to
3 medical CFS.
FIRE DIVISION
YEAR Q1 Q2 Q3 Q4 TOTAL
2019 3,028 3,752 6,780
2018 3,856 3,823 3,568 3,240 14,487
2017 4,508 4,418 4,829 4,444 18,199
CASE NUMBERS GENERATED
YEAR Q1 Q2 Q3 Q4 TOTAL
2019 175 194 369
2018 212 193 177 183 765
2017 175 204 219 205 803
MEDICAL CALLS FOR SERVICE
NFR'S
CODE DESCRIPTION P/FF POC P/FF POC P/FF POC P/FF POC
100 Fire 13 13 8 7 16 16 15 14
200 Overpressure Explosion, Overheat - No Fire 0 0 1 1 0 0 1 1
300 Rescue & EMS Incidents 25 24 36 35 50 49 69 68
400 Hazardous Conditions - No Fire 11 6 18 7 27 9 27 7
500 Service Call 29 16 14 8 41 25 27 19
600 Good Intent Call 4 2 3 2 9 5 6 4
700 False Alarms & False Calls 13 1 15 0 38 5 36 3
800 Severe Weather & Natural Disaster 0 0 0 0 0 0 0 0
900 Special Incident 2 2 0 0 2 2 0 0
TOTAL 97 64 95 60 183 111 181 116
P/FF = Police/Firefighter POC = Paid On Call Firefighters
FIRE DIVISION
Y-to-D 2018Q2 2018 Q2 2019
* Please note no medical CFS are included in this table except motor vehicle accidents.
Y-to-D 2019
Lino Lakes Public
Safety Department
QUARTERLY REPORT
2019 Q2
4/01/19 –6/30/19
POLICE DIVISION
Q1 Q2 Q3 Q4 TOTAL
2019 5 4 9
2018 5 7 1 2 15
2017 5 8 2 2 17
Q1 Q2 Q3 Q4 TOTAL
2019 2 15 17
2018 2 3 3 1 9
2017 5 3 3 4 15
MUTUAL AID GIVEN
MUTUAL AID RECEIVED
OFFENSES & ARRESTS
Part 1 Offenses Arrests Offenses Arrests 2018 2019 2018 2019
Homicide 0 0 0 0 0 0 0 0
Rape 1 0 4 2 4 4 1 1
Robbery 1 1 1 0 1 1 1 0
Aggravated Assault 1 1 2 2 1 2 1 2
Total Violent Crimes 3 2 7 4 6 7 3 3
Burglary 9 0 8 0 11 12 1 1
Larceny 29 11 19 5 67 58 31 13
Auto Theft 4 2 0 0 5 1 2 0
Arson 0 0 0 0 0 0 0 0
Total Property Crimes 42 13 27 5 83 71 34 14
TOTAL PART 1 45 15 34 9 89 78 37 17
Part 2 Offenses Arrests Offenses Arrests 2018 2019 2018 2019
Other Assault 17 15 11 10 39 24 35 22
Forgery/Counterfeiting 2 1 1 0 4 3 2 0
Fraud 18 11 9 1 40 20 21 3
Embezzlement 0 0 0 0 0 0 0 0
Stolen Property 2 1 1 1 4 7 3 6
Vandalism 17 10 21 3 23 37 14 5
Weapons Violations 2 2 1 1 3 2 3 2
Prostitution 0 0 0 0 5 0 5 0
Other Sex 3 1 2 1 4 3 2 1
Narc Drug Laws 33 33 30 30 60 56 60 54
Gambling 0 0 0 0 0 0 0 0
Family/Children 0 0 0 0 0 0 0 0
DWI 23 23 21 21 51 34 51 34
Liquor Laws 3 3 3 3 11 6 11 6
Disorderly Conduct 24 19 17 11 46 30 38 17
Other 22 18 15 12 49 28 38 24
TOTAL PART 2 166 137 132 94 339 250 283 174
Qtr 2 2019Qtr 2 2018
Qtr 2 2018 Qtr 2 2019
Y-to-D Offenses Y-to-D Arrests
Y-to-D Offenses Y-to-D Arrests
Q2, 2019 Notable Actions & Events
On April 1, staff gave a Homesafe presentation at Rice Lakes Elementary.
On April 6, staff participated in the Lino Lakes STEM school carnival.
On April 7, staff participated in the Rice Lake Elementary spring carnival.
On April 27, staff hosted a DEA Drug Take Back day.
On May 2, staff gave a K9 presentation to the Quad Area Chamber of Commerce.
On May 4, staff participated in Truck Day at Rice Lake Elementary.
On May 14, staff gave a tour of fire station 2 for Centennial Early Childhood classes.
On May 29, staff participated in the Junior Citizen’s Academy graduation.
On May 22, staff held the Night to Unite Roundtable in the Public Safety Classroom.
On May 31, staff gave a presentation to New Creations daycare.
On June 6 staff participated in the YMCA Lifeguard In-service.
On June 8, fire staff participated in the Hugo Parade.
On June 14, fire staff participated in the White Bear Lake Manitou Days parade.
On June 16 – 18, the department hosted the 2019 USPCA Region 12 PD1 K9 Trials in the city.
On June 22, staff and reserves assisted with traffic control for the annual Patriot Ride.
On June 28, staff participated in the K9 Graduation with K9 Argos.
YEAR Q1 Q2 Q3 Q4 TOTAL
2019 27 28 55
2018 19 16 14 22 71
2017 23 24 31 20 99
FELONY CASE FILE SUBMISSIONS
WS – Item 3
WORK SESSION STAFF REPORT
Work Session Item No. 3
Date: August 5, 2019
To: City Council
From: Rick DeGardner, Public Services Director
Re: Public Works Facility
Background
The City Council and staff have been discussing the need for the eventual replacement of
our Public Works Facility (built in 1971) since a space needs analysis was conducted in
2011. Discussion of a potential new public works facility continued during the May 6,
2019 City Council work session. Mr. Jeff Oertel from Oertel Architects presented some
concept plans for Phase I of a public works facility.
Attached is a memorandum from Mr. Oertel providing information requested by Mayor
Reinert concerning estimated costs and phasing options. Note that the costs provided are
for construction only.
Requested Council Direction
Staff is requesting Council direction on whether to further explore Phase I options (ie.
with or without maintenance area), and project timing/financing.
Attachments
1. Public Works Building Concept A.2
2. Public Works Building Concept A-3.1 w/maintenance
3. Oertel Memorandum, dated May 16, 2019
STORM
WATER
POND
PUBLIC
PARKING
EMPLOYEE
PARKING
BALL FIELD
PLAY
GROUND
YARD
STORAGE
IMPOUND
IMPOUND
FUEL
ISLAND
ACCESS
CONTROL
EMPLOYEE
PARKING
TOWER
EXISTING
SENIOR
CENTER
EXISTING
PW OFFICE
PRIMARY
VEHICLE
ENTRY
W.H.
SALT
BRINE
NEW
VEHICLE
STORAGE
BUILDING
BYPASS/
FLEX
STAFF
AREA
(3)(16)
WASH
BAY
(9)
ICE RINK
ACCESS
CONTROL
EMPLOYEE
PARKING
NEW VEHICLE
MAINTENANCE
FUTURE OFFICE
EXPANSION
PROPOSED
1"= 40'-0"
REMOVALS
1"= 40'-0"
AVERAGE COST/SF:
VEHICLE STORAGE: $120/SF
OFFICE: $160/SF
STAFF AREA/MEZZ: $75/SF
OFFICE (RENO): $50/SF
VEHICLE MAINT: $160/SF
SITE: $12/SF (BUILDING)
STAFF BREAKDOWN:
FULL-TIME: (15)/(19)
SEASONAL: (10)/(13)
COST BREAKDOWN:
VEHICLE STORAGE: $3,000,000
STAFF AREA/MEZZ: $75,000
VEH. MAINT.: $960,000
SITE PREP: $525,000
TOTAL HARD CONSTRUCTION
COST:
$4-$4.5 MILLION
(VARIES DEPENDENT ON
EQUIPMENT/FINISHES
INCLUDED)
FLEET BREAKDOWN:
WARM STORAGE:
LARGE (14)
MEDIUM (24)
SMALL (12.5)
COLD STORAGE:
PLOW EQUIPMENT (32)
MISC. EQUIPMENT (38)
TRAILERS (9)
PROPOSED AREA BREAKDOWN:
VEHICLE STORAGE:
25,300 SQUARE FEET
STAFF AREA MEZZANINE:
1,000 SQUARE FEET
VEHICLE MAINTENANCE:
6,000 SQUARE FEET
GEN.
(PHASE 1 OR 2)
Item #5
Monthly Progress Report
August 5, 2019
Item Last Action Taken Staff Status
White Bear Lake Restoration
Assn. v. Dept. of Natural
Resources (DNR)
4/22/19 – The Minnesota Court of
Appeals released its ruling in favor of the
DNR
Jeff The WBL Restoration Assn.
said they will appeal the
decision
Employment Update April 2019 – Environmental Coordinator
Marty Asleson has started his phased
retirement
July 2019 – Ashley Albindia resigned
from her police officer position
Jeff Environmental Coord. – 2nd
round interviews are being
conducted this week
Police Officer – One officer is
being backgrounded. Second
vacancy has been posted.