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HomeMy WebLinkAboutOrdinance 635 . . . ORDINANCE NO. M~ CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE TO ENACT A NEW CHAPTER OF THE MOUNDS VIEW CODE OF ORDINANCES TO ADMINISTER AND REGULATE THE LOCATION, RELOCATION, INSTALLATION AND REINSTALLATION OF FACILITIES IN THE PUBLIC RIGHT OF WAY IN THE PUBLIC INTEREST THE COUNCIL OF MOUNDS VIEW ORDAINS: SECTION 1. Title 900 of the Mounds View Municipal Code shall be amended by the addition of an entirely new Chapter 911, to read as follows: SECTION 911.01. 911.02. 911.03. 911.04. 911.05. 911.06. 911.07. 911.08. 911.09. Chapter 911 Location, Relocation, Installation and Reinstallation of Facilities in the Right-of. Way Purpose Definitions Undergrounding of Facilities Undergrounding of New Facilities Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities Retirement of Overhead Facilities Public Hearings Public Hearing Issues Undergrounding Plan 911.01. Purpose. The purpose of this section is to promote the health, safety and general welfare of the public and is intended to foster (i) safe travel over the right-of-way, (ii) non-travel related safety around homes and buildings where overhead feeds are connected and (iii) orderly development in the city. Location and relocation, installation SJR-164129 MU210-14 . . . and reinstallation of Facilities in the right-of-way must be made in accordance with this section. 911.02. Definitions. The terms used in this section have the meanings given them. Commission. "Commission" means the Minnesota Public Utilities Commission. Facility. "Facility" means tangible asset in the public right-of-way required to provide utility service. The term does not include Facilities to the extent the location and relocation of such Facilities are preempted by Minnesota Statutes, Section 161.45, governing utility facility placement in state trunk highways. Facility does not mean electric transmission lines, as distinguished from electric distribution lines. Public right-of-way. "Public right-of-way" has the meaning given it in Minnesota Statutes, section 237.162, subdivision 3. Right-of-way user. "Right-of-way user" means (1) a telecommunications right-of-way user as defined by Minnesota Statutes, Section 237.162, subdivision 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. Utility service. "Utility service" means and includes: (1) service provided by a public utility as defined in Minnesota Statutes, Section 216B.02, subdivisions 4 and 6; (2) services of a telecommunications right-of-way user, including the transporting of voice or data information; (3) services provided by a cable communications system as defined in Minnesota Statutes, Section 238.02, subdivision 3; (4)natural gas or electric energy or telecommunications services provided by a local government unit; (5) services provided by a cooperative electric association organized under Minnesota Statutes, chapter 308A; and (6) water, sewer, steam, cooling or heating services. 911.03. Undergrounding of Facilities. Facilities placed in the public right-of-way must be located, relocated and maintained underground pursuant to the terms and conditions of this section and in accordance with applicable construction standards. This section is intended to be enforced consistently with state and federal law regulating right-of-way users, specifically including but not limited to Minnesota Statutes, Sections 161.45, 237.162, 237.163, 300.03, 222.37, 238.084 and 216B.36 and the Telecommunications Act of 1996, Title 47, use Section 253. . 911.04. Undergrounding of New Facilities. A new Facility or a permanent extension of Facilities must be installed and maintained underground when supplied to: (a) a new installation of buildings, signs, streetlights or other structures; SJR-164129 MU210-14 f , . . . (b) a new subdivision of land; or (c) a new development or industrial park containing new commercial or industrial buildings. The city council in its discretion may deviate from the requirements of this sections in situations where undergrounding is not technically or economically feasible. 911.05. Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities. A permanent replacement, relocation or reconstruction of a Facility of more than 300 feet must be located, and maintained underground, with due regard for seasonal working conditions. For purposes of this section, reconstruction means any substantial repair of or any improvement to existing Facilities.Undergrounding is required whether a replacement, relocation or reconstruction is initiated by the right-of-way user owning or operating the Facilities, or by the city in connection with (1) the present or future use by the city or other local government unit of the right-of-way for a public project, (2) the public health or safety, or (3) the safety and convenience of travel over the right-of-way. The city council in its discretion may deviate from the requirements of this sections in situations where undergrounding is not technically or economically feasible. 911.06. Retirement of Overhead Facilities. The city council may determine whether it is in the public interest that all Facilities within the city, or within certain districts designated by the city, be permanently placed and maintained underground by a date certain or target date, independently of undergrounding required pursuant to sections 911.04 and 911.05 of this Code. The decision to underground must be preceded by a public hearing, and must be proceeded by two weeks' published notice and not less than 30 days written notice to the utilities affected. At the hearing the council must consider items (1) - (4) in section 911.08 of this Code and make findings. Undergrounding may not take place until the city council has, after hearing and notice, adopted a plan containing items (1) - (6) of section 911.09 of this Code. 911.07. Public Hearings. A hearing must be open to the public and may be continued from time to time. At each hearing any person interested must be given an opportunity to be heard. The subject of the public hearings shall be the issue of whether Facilities in the right-of-way in the city, or located within a certain district, shall all be located underground by a date certain. Hearings are not necessary for the undergrounding required under sections 911.04 and 911.05 of the City Code. 911.08. Public Hearing Issues. The issues to be addressed at the public hearings include but are not limited to: (1) The costs and benefits to the public of requiring the undergrounding of all Facilities in the right-of-way. SJR-164129 MU210-14 i , . . . (2) The feasibility and cost of undergrounding all Facilities by a date certain as determined by the city and the affected utilities. (3) The tariff requirements, procedure and rate design for recovery or intended recovery of incremental costs for undergrounding by the utilities from ratepayers within the city. (4) Alternative financing options available if the city deems it in the public interest to require undergrounding by- a date certain and deems it appropriate to participate in the cost otherwise borne by the ratepayers. Upon completion of the hearing or hearings, the city council must make written findings on whether it is in the public interest to establish a plan under which all Facilities will be underground, either citywide or within districts designated by the city. 911.09. Undergrounding Plan. If the council finds that it is in the public interest to underground all or substantially all Facilities in the public right of way, the council must establish a plan for such undergrounding. The plan for undergrounding must include at least the following elements: (1) Timetable for the undergrounding. (2) Designation of districts for the undergrounding unless, undergrounding plan is citywide. (3) Exceptions to the undergrounding requirement and procedure for establishing such exceptions. (4) Procedures for the undergrounding process, including but not limited to coordination with city projects and provisions to ensure compliance with non-discrimination requirements under the law. (5) A financing plan for funding of the incremental costs if the city determines that it will finance some of the under grounding costs, and a determination and verification of the claimed additional costs to underground incurred by the utility. (6) Penalties or other remedies for failure to comply with the undergrounding. SJR-164129 MU21O-14 , . .. ~ ! ... . SECTION 2. This ordinance takes effect 30 days after its publication. Read by the City Council of the City of Mounds View this _ day of ,1999. Read and passed by the City Council of the city of Mounds View this.:.::l'-1/1dday of //1. /; Ii ' 1.-1999 .-.- '-'5-"" -~ " , . Charles S. Whiting, Ci Clerk/Administrator .Q47 . . SJR-164129 MU210-14 . ." r Focus News . AFFIDAVIT OF PUBLICATION ATE OF MINNESOTA) ss. COUNTY OF RAMSEY) wt~ .. I Richard Roberts, being duly sworn on an oath states or affirms that he is the publisher or authorized agent and employee of the publisher of the newspaper known as Focus News, and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualifi- cation as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. (8) The printed (Official Publication) City of Mounds View Ordinance Number 635 which is attached, was cut from the columns of said newspaper, and was printed and published once each week, for -L- successive weeks; it was first pUblished on Thursday the ---.1L day of May, 2000, and was thereafter printed and published on every Thursday to and including the _ day of May,2000; and printed below is a copy of the lower case alphabet from .f},. to Z, both inclusive, which is hereby acknowledged as being the size and kind .,pe used in the composition and publication of the notice: I ~ _ ",...fghIJklm",pq","~"" BY:~ Title: Publisher Subscribed and sworn to or affirmed before me on this ~ day of May, 2000. e.. COUE1TE ICAERlHR ROBERTS · · . IIJTMY~ t.tfIESoTA J - My CcIftw.... &pir&s.lan. 31. 2005 ! . i ft~ L~~ I .{ J.....-f Notary Public ~ RATE INFORMATION )west classified rate paid by commercial users $ 2.55 per line r comparable space (2) Maximum rate allowed by law for the above matter $ 6.20 per line (3) Rate actually charged for the above matter $ .45e per line . ," ~. '. CitY of I\IJdunclsVi~w ORt.1NANeE NO. 635 CITY OF MOUNDS VIEW . COUNTY OF RAMSEY STATE OF MINNESOTA '"). ,'. . . \ ,.....,--. AN ORDINANCE TO. ENACT A NEW CHAPTER OF THE MOUNDS VIEW CODE OF ORDINANCES TO ADMINISTER AND REG- ULATE THE LOCATION, RELOCATION, INSTALLATION AND REINSTALLATION OF FACILITIES IN THE PUBLIC RIGHT OF WAY IN THE PUBLIC INTEREST - THE COUNCIL OF MOUNDS VIEW ORDAINS: SECTION 1. Title 900 of the Mounds View Municipal-Code shall be amended"by the addition of an entirely new Chapter 911, to read as follows: . CHAPTER 911 LOCATION, RELOCATION, INSTALLATION AND REINSTALLATION OF FACILITIES IN THE RIGHT-OF-WAY SECTION 911.01. Purpose 911.02. Definitions 911.03. Undergrounding of Facilities 911.04. Undergrounding of New Facilities 911.05. Undergrounding of Permanent Replacement, Relocateo or Reconstructed Facilities 911.06. Retirement of Overhead Facilities 911.07. Public Hearings 911.08. Public Hearing Issues 911.09. Undergrounding Plan 911.01. Purpose. The purpose of this section is to promote the health, safety anQ general welfare of the public and is intended to foster (i) safe travel over the right-of-way, (ii) non-travel related safety around homes and buildings where overhead feeds are connected and (Iii) orderly development in !he city. Location and relocation, installation and reinstallation of Facilities in the right- of-way must be made in accordance with this section. 91 i .02. Definitions.. The terms used in this section have the meanings given them. Commission. "Commission" means the Minnesota Public Utilities Commission. Facility. "Facility" means tangible asset in the public right-of-way required to" provide utility service. The term does not include Facilities to the extent the location and relocation of such Facilities are preempted by Minnesota Statutes, Section 161.45, govern- ing utility facility placementih state trunk highways. Facility does not mean electric transmission lines, as distinguished from elec- tric distribution lines. ' Public right-of-way. "Public right-of-way" has the meaning given it in Minnesota Statutes, section 237.162, subdivision 3. " Right-of-way user. "Right-of-way user" means (1) a telecommunications right-of-way user as defined by Minnesota Statutes,. Section 237.162, subdivision 4; or (2) a person owning or controlling a facility, in the right-of-way, thatis used or intended tobe used for providing utility service, and who has a right lln~er law, franchise or ordinance to use the public right-of-way. Utility service. "Utility service" means and includes: (1) service provided by a public utility as defined in Minnesota Statutes, Section 216B.02, subdivisions 4 and 6; (2) services of a telecommunications right-of-way user, including the transporting of voice or data inform,ation; (3) services provided by a cable communications system as defined in Minnesota Statutes, Section 238.02, subdivision 3;(4) " natural gas or electric energy or telecommunications services provided by a local government unit; (5) services. provided by a cooperative electric association organized under Minnesota Statutes, chapter 308A; and (6) water, sewer, steam, cooling or heating services. 911.03. Undergrounding of Facilities. Facilities placed in the public right-of-way must be located, relocated and maintained underground pursuant to the terms and conditions of this section and in accordance with applicable construction standards. This section is intended to be enforced consistently with state and federal law regulating right-of-way users, specifically including but not limited to Minnesota Statutes, Sections 161.45., 237.162, 237.163, 300.03, 222.37, 238.084 and 216B.36 and the Telecommunications Act of 1996, Title 47, USC Section 253. , 911.04. Undergrounding of New Facilities. A new Facility or a permanent extension of Facilities must be installed and main- tained underground when supplied to: (a) a new installation of buildings, signs, streetlights or other structures; (b) a new subdivision of land; or (c) a new development or industrial park containing new commercial or industrial buildings. The city counci.1 in its discretion may deviate from the requirementSl of this sections in situationSl where undergrounding Is not technically or economically feasible. . 911.05. Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities. A permanent replacement, relocation or reconstruction of a Facility of more than 300 feet must be located, and maintained underground, with due regard for seasonal working conditions. For purposes of thiSl section, reconstruction means any substantial repair of or any-improvement to existing Facilities. Undergrounding iSl required whether a replacement, relocation or reconstruction is initiated by the right-of-way user owning or operating the Facilities, or by the city in connection with (1) the present or future use by the city or other local gov-' ernment unit of the right-of-way for a public project, (2) the publiC health or safety, or (3) the safety and convenience of travel over the right-of-way. The city council in its discretion may deviate from the requirements of this sections in situations where under- grounding is nottechnically or econQmically feasible. . . '.' ..' .... '.' . ...... . . '." 911.06. Retirement of Overhead Facilities. The city councfl may determine whether it is in the publiC interesftillit":aOfilt:1IitieSl within the city, or within certain districts designated by the city, be permanently placed and maintained underground by a date cer- tain or target date, independently of undergrounding required pursuant to sections 911.04 and 911.05 of this Code. The decision to underground must be preceded by a public hearing, and must be proceeded by two weeks' published notice and not less than 30 days written notice to the utilities affected. At the hearing the council must consider items (1)- (4) in section 911 ;08 ofthis Code and make findings. Undergrounding may not take place until the city council has, after hearing and notice, adopted a plan contain- ing items (1) - (6) of section 911.09 of this Code. 911,07. Public Hearings. A hearing must be open to the publiC and may be conti.nued from time to time. At each hearing any' person interested must be given an opportunity to be heard. The subject of the public hearings shall be the issue of whether Facilities in the right-of-way in the city, or located within a certain district, shall all be located underground by a date certain. Hearings are not necessary for the undergrounding required under sections 911.04.and 911.05 of the City Code. 911.08. Public Hearing Issues. The issues to be addressed at the public hearings include but are not limited to: (1) The costs and benefits to the public of requiring the undergrounding of all Facilities in the right-of-way. (2) The feasibility and cost of undergrounding all Facilities by a date certain aSl determined by the city and the affected utilities. (3) The tariff requirements, procedure and rate design for recovery or intended recovery of incremental costs for undergrounding by the utilities from ratepayers within the city. (4) Alternative financing options available if the city deems it in the public interest to require undergrounding by, a date certain and deems it appropriate to participate in the cost otherw.iseborne by the ratepayers. Upon completion of the hearing or hearings, the city council must make written findings on whether it is in the public interest to establish a plan under which all Facilities will. be underground, either citywide or within districts designated by the city: 911.09. Undergrounding. Plan. If the council finds that it is in the publiC interest to underground all or substantially all Facilities in the public right of way, the council must establish a plan for such undergrounding. The plan for undergrounding must include at least the following elements: (1) Timetable for the undergrounding. (2) Designationof districts for the undergrounding unless, undergrounding plan is citywide. (3) Exceptions to the undergrounding requirement and procedure for establishing such exceptions. (4) Procedures for the undergrounding process, including but not limited to coordination with city projects and provisions to ensure compliance withoon-discriminationrequirements under the law. .' - (5) A fina'ncing plan for funding of the incremental costs if the city determines that It will finsn<Je scme af thQ~' , costs, and a determination and verification of the claimed additional costs to underground incurred by the utility. (6) Penalties or other remedies for failure to comply with theundergrounding. SECTION 2. This ordinance takes effect 30 d1iYs after its publication. Read by the City Council of the City of Mounds View this _ day of _, 1999. Read and passed by the City Council' of the city of Mounds View this ~ day of September, 1999 /s/ D~n P. Coughlin Dan Coughlin, Mayor /s/ Charles S. WhIting Charles S. Whiting, City Clerk/Administrator APPROVED AS TO FORM: Is! by Scott Riggs. Asst. City Attorney for Robert C. Long, City Attorney ~-- 11, 2000) Mounds Vi.ew, New ~r.ighton, St, Anthony Focus News ~~ ..'