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Agenda Packets - 1999/08/02
Items Discussed Per Consensus 1. CLOSED SESSION - Status of Airport Litigation. 2. Right of Way Ordinance #635 Final Draft Review. 3. Review of Camera Use Practices for Televised Meetings. 4. Garbage Hauling Schedule. 5. Review of Park and Recreation Commission Improvements Proposals. 6. Decertification of Parcels from TIF District #2. 7. Status and Review of Personnel Policies. 8. Consideration of MSA Turn Back Roads. 9. Consideration of Final Plans and Specifications, Authorize Bid Advertisement for Woodcrest Park Wetland Mitigation Project. 10. Consideration of Resolution No. 5357 Adopting Streets Committee Recommendations for Future Reconstruction Projects 11. Presentation of the Pleasant View Drive/TH 10 Signal Survey. 12. Banquet Facility Usage Procedures. 13. City Response to Legislative Questionnaire re: Met Council. 14. Review of Anoka County -Blaine Airport Advisory Commission By -Laws and Call for Board Applicants. 15. Requested Conditional Use Permit for Oversized garage to be located at 2809 Woodale Drive. 16. Certify Delinquent Receivables to Property Taxes C:\JOANB\AGENDAS\CC\8-02-99.WS July 28,1999 To: Honorable Mayor and City Council From: Chuck Whiting, City Administration Re: August 2,1999 Work Session We have a number of items for the work session agenda, so here they are: Item 1 - CLOSED SESSION - Status of Airport Litigation. Item 2 - Right of Way Ordinance #635 Final Draft Review: I will get a copy of the final draft for your summary review and place on the August 9 agenda for final action. Item 3 - Review of Camera Use Practices for Televised Meetings: Council member Stigney requested this be discussed. Item 4 - Garbage Hauling Schedule: Mike Ulrich will respond to Council member Marty's inquiry concerning switching to a designated garbage hauling day in the city. Item 5- Review of Parks and Recreation Commission Improvement Proposals: Terri Blattenbauer will be present to review the Park and Recreation Commission's proposals for capital improvements. This item will likely be incorporated later into city budget discussions. Item 6 - Decertification of Parcels from TIF District #2: Bruce Kessel has drafted a resolution to meet Council member's request of last week. The Council has spent a good deal of meeting time reviewing tax increment financing, so the issue should be fairly clear. If any additional action regarding TIF is desired by the Council, this would also be a good time to bring it up. For background, members may want to bring past packet information from the winter and spring meeting on the topic. Item 7 - Status of Personnel Policies: Some inquiries from Council members regarding personnel policies and the status of the past recodification of city policies requires this item to come back to the council. In response, I have asked the city attorney to give me an estimate to his time and expense for finalizing this process. The process has been on hold the past couple of years, simply due to lack of time and staffing. With much of the work done, the finalizing of policies will need counsel review anyway, but with the changes in council members, the Council itself may want to review the policies directly and make changes. I would suggest doing that with the city attorney. I can advise if needed. Finally, if approved at some time, I would have the attorney provide the city with a final copy of the policies. Item 8 - Consideration of MSA Turn Back Roads: Mike will review the options for the city. Item 9 - Consideration of Final Plans and Specifications, and Bid Authorization for Woodcrest Park Wetland Mitigation Project: Mike Ulrich will again review this item. Item 10 - Consideration of Resolution 5357 Adopting Streets Committee Recommendations for Future Reconstruction Projects: Mike will do this as well. Item 11 - Presentation of the Pleasant View Drive /TH 10 Signal Survey: And Mike yet again. Council may briefly want to discuss whether it feels Highway 10 should remain named that now with the "new" 10 open. Item 12 - Review of Banquet Usage Procedures: I believe some inquiries to this matter have been made as well. Bruce will be on hand to review. Item 13 - City Response to Legislative Questionnaire regarding Met Council: If the Council can come to a consensus for a single response, it will be sent along to Rep. Larson. Item 14 - Review of Anoka County -Blaine Airport Advisory Commission By -Laws and Call for Board Applicants: The committee set up to determine the terms and functions of this group has finished. The Council has reviewed this in the past and deemed them fit. The final version is in your packet. If acceptable, the Council will be asked to pass a resolution stating so and call for the appointment of two Mounds View residents to serve on this commission. I attended all the meetings in setting this up and can respond to any questions you may have In response to interest in minutes from the staff meeting, due to time and staffing we have not been taking minutes, so I hope these comments can suffice. With vacations, our meeting on Tuesday was short. I reviewed the council meeting of Monday night. John Hammerschmidt is working on his budget with Bruce. Terri Blattenbauer is coming to the work session on Monday. Bruce is working on TIF stuff for Julie Olson. Rick is preparing for the I-35W Corridor Coalition meeting and reviewing options for replacing Steve Dorgan. Staff is directed to have preliminary budgets to Bruce by next week, and the next two meetings will be used to prepare for the August 23 budget work session. I also reviewed a little of the Carl Neu session. Sorry about the long agenda but some of the items should be relatively short. In addition, I may add some discussion about the Housing Inspector position and options for his replacement. I will be at the LMC Board retreat this week and back in the office on Monday. Have a good weekend and see you then. qd'4) 1P "W3 MOUNDS VIEW CABLE COMMITTEE MISSION STATEMENT The mission of the Mounds View Cable Committee is to provide a communications link for Mounds View citizens with the city government that will enable them to better understand the operations and functions of city government and to become more active participants in community life through the use of the government access cable channel. PURPOSE The Mounds View Cable Committee is a volunteer committee of Mounds View citizens dedicated to developing awareness and understanding of community events, city governmental programs and issues, and information about health, recreation, the environment, security (i.e. police, fire, etc.) and community issues through the use of the government access cable channel. OBJECTIVES 1. To provide an informational and public relations outlet for the city government through use of the government access cable channel. 2. To develop and work towards an understanding of the benefits of community television as a communications medium. 3. To provide Mounds View residents the opportunity to understand their community more fully and to participate more successfully in community life. 4. To produce, oversee and evaluate television programming on the government access cable channel. S. To communicate programming objectives to the Mounds View City Council. 6. To develop an awareness of the government channel through public relations efforts in the local press, city newsletter and metro press, 7. To encourage individual residents and institutions to make use of the government and community access cable channel. 8. To work in concert with the North Suburban Cable Access Corporation and the North Suburban Cable Commission to help facilitate community programming in the ten city franchise area. 9. To help develop and initiate television programming of are wide significance in conjunction with other cities of the North Suburban Cable Commission. CABLE COMMITTEE The Cable Committee is a working group that identifies, develops, and produces television programming for the government access cable channel. This committee is compromised of either five, seven or nine members and technical staff as well as a department head facilitator and a designated City Council liaison. The members must be volunteers, and have an interest in and willingness to assist in the production of cable programming. GUIDELINES Any program produced by the City of Mounds View's governmental organizations may be cablecast on the government access channel. Programs produced by others about the City of Mounds View's governmental organizations and/or its supported activities may be cablecast on this channel, subject to the approval of the Mounds View Cable Committee. Programs produced by other governmental agencies or other community organizations may be cablecast on this channel, provided they have interest and value for the citizens of Mounds View. Such programs shall also be subject to the approval of the Mounds View Cable Committee. Programs that contain, in whole or part, any of the following subject matter will not be cablecast on the government access channel. A. Commercial Message or Material Anything promoting a product or a service with the primary objectives of producing a monetary profit for a specific commercial organization or individual may not air on the government access channel. This is not to preclude the incidental mention of a business or product as part of a program where the 2 primary purpose is to disseminate information of public benefit. Businesses, individuals and organizations may be acknowledged for assistance in the production of a program or the provision of other means of support. B. Political Campaigning The government access channel will not be used for political campaigning by individuals seeking public office nor organizations advocating a change in public policy. Neither can this channel be used for solicitation of funds for political purposes. This i-a does not to eliminate the cablecasting of political debates or candidates' meetings. Programs featuring any declared candidate may not be cablecast within 90 days of an election. C. Religious Material Programming generally considered religious in nature will not be allowed. Program material that would advocate a particular religious belief will also not be allowed to air on the government access cable channel. Religious organizations or ideals may be mentioned as incidental information as part of a program. This rule certainly should not preclude the appearance of a clergy or individual representing a particular religion as part of a program providing general information. D. Obscenity and Defamation Programming generally considered obscene or defamatory will not be cablecast. SCHEDULE AND PROGRAM PRIORITIES The Mounds View Cable Committee shall determine priorities for the production and cablecasting of programs in accordance with these guidelines and available resources. Responsibility for planning, budgeting and operation shall be designated by the Cable Committee. 3 RaTIMIMM Funding for the operation of the government access cable channel will be as appropriated by the City Council from the annual franchise fees received from the operation of the cable television system in the North Suburban Cable System. Other support may be provided through services such as grants from other agencies and donations 0 Item No. Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business of Mounds View Staff Report To: Mayor and City Council From: Mike Ulrich/Cari Schmidt Item Title/Subject: Garbage Pick-up changes Date of Report: July 28, 1999 Council requested that staff look at the possibility of changing our garbage hauler schedule so that pickup is on the same day for all residents. Currently there is pick up on every day of the week except Sunday. There are 13 haulers licensed within the City (Ace, BFI, Keith Kruppeny and Sons, Larry's Sanitation, Materials Recovery, Randy's Sanitation, Ray Anderson, Twin City Refuse, Twin City Sanitation, Vasko, Veit, Waste Management, and Walter's Recycling.) Current Requirements The Municipal Code Chapter 603 Garbage and Rubbish, Section 603.06 Subd. 2a.(1) only places the following restrictions: (see Code Section attached) "Hours and Days of Operation: No hauler shall operate in a residential district after six o' clock (6:00) P.M. or before six o'clock (6:00) A.M. of any day, and no hauler shall operate in a residential district on Sundays or legal holidays." City of New Brighton The City of New Brighton amended their City Code to restrict garbage pick up to certain days corresponding with neighborhood location. For example: "North of 694 - Monday; South of 694 Tuesday." The Ordinance adopting the provision was passed in September of 1990. The collection day provision was made effective May 1, 1999 to correspond with their license renewal dates. See Ordinance attached. Issues As the Code clearly indicates that pickup may occur on any day of the week, a change to this policy would require a code amendment through ordinance. In addition, the garbage hauler licenses were just recently approved by the City Council at the end of June with the current provisions in place. The renewal date is June of 30, 2000. The Council could take similar action to that of New Brighton, by amending the Code and making the new requirements effective at the 2000 renewal date. With 13 haulers and six pick up days, this will be no small task. Some issues to consider: 1. Where should the pickup dividing lines be (e.g. Both sides of Highway 10?) 2. What days should pickup be restricted to? 3. What will the impact be on residents if carriers decide that they will no longer service the City with such restrictions? ORDINANCE NO. 5 7 6 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON AN ORDINANCE AMENDING NEW BRIGHTON CITY CODE CHAPTER 11, ARTICLES I AND II, RELATING TO THE REGU� ATION OF HAULERS OF GARBAGE, REFUSE, RECYC'_•ABLES AND YARD WASTE THE CITY OF NEW BRIGHTON DOES ORDAIN: Section 1. New Brighton City Code Section 11-1 is amended to read as follows: Sec. 11-1. Definitions. For tite purposes of this Chapter, the following words and phrases shall have the them following meanings: Approved: Acceptable to the health authority fallawing upon a determination as to compliance with established public health practices. Collection Days: Effective May 1. 1991: North of 694 - Monday; South of 694 - Tuesday. Commercial Establishment: Any premises where an institutional commercial or industrial enterprise of anv kind is carried on, including restaurants and clubs, churches, and schools. Garbage: All putreseible : - 4 ..� -- with suel:i materiais. Garbage, under chins -definition, is understood to ineh damestie waste preduets • anim-s" exereta tf eafeas5es and residues obtained in the preparation, a 1.tv.n, display -,sale ef storagemeat, of , fewer —Files, grain, ` Putrescible animal and vegetable waste, including that resulting from tlne handling, preparation, cooking or consumption of food. Hauler: A collector or transporter of garba_e, refuse, recyclable materials, or yard waste. Health Authority: The municip public health sanitarian or h+s the authorized representative of the sanitarian. License: A license issued in accordance with this chapter. Multiple Dwelling: Any building used for residential purposes consisting of three or more residential units with individual kitchen facilities for each. Owner: A person, firm, corporation, or other partnership or organization who alone, jointly, or severally with others shall be in ownership of, and have charge, care or control of, any premises or business w4h within the municipality,, as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Premises: Any single or multiple residential dwelling, mobile home, commercial or industrial building, club, church, school, or other structure including all the lands thereof, and any and all parcels of land void of without structures of any kind. Public Place: Any and a?_ streets, sidewalks, boulevards, alleys, parks, public buildings, and other public ways. Recyclables: Materials which may be recycled or reused througn" recycling processes, including metal beverage containers, glass, newsprint and any other materials designated as recyclables by Council resolution Refuse: Ashes, non -recyclable crockery, cans, paper, boxes. r ss, metal, plastic, wooden waste. cloth and similar non-putrescible materials. Residence: Any single building consisting of one or two dwelling units with individual kitchen facilities for each. Rubbish: All non put-r-esey= waste materials from a esti�� �. .7 4 1 7 '"i7CriTQ2j ei industrial -i al s,p'urees Rttbb�, under' this definib—., is iTIders+tead Ite include stteh wastes as, 9-rass -= > > wood, T-airy- 5 `tnzr -3ac i-atrosta-ces --wi ii Fftfty A-' refuse, recyclables, and yard waste other than composted yard waste. Special Pick-up: Any collection of materials other than recyclables or yard waste. including white L'oods. fur materials and construction c bris. e, reruse, oversized Transfer Station: A facili_y where the solid waste transported by one vehicle is placed into another vehicle before being hauled to a disposal site. Yard Waste: Organic materials such as leaves, grass clippings, organic garden waste, or similar materials. Section 2. Code Section 11-2 is ar__ended as follows: Sec. 11-2. Accumulation, disposal generally. Every person of any premise shall dispose of garbage and rubbish as provided in this chapter. Garbage and rubbish shall be disposed of at least once each week from all premises and at more frequent intervals if deemed E necessary to protect the public health, and on order of the city. Owners may apply to the health authority for exemption from the requirement that garbage and rubbish be disposed of at least once each week Such application shall be on forms provided by the City and the applicant shall provide all information reasonably required by the health authority The health authority may grant such exemption imposing such conditions as the health authority deems necessary, only- upon the determination that approving the exemption will not be detrimental to the public health, safety, welfare .or comfort. Such exemption may be revoked by the health authority at any time. All garbage and rubbish s^all be disposed of in a sanitary manner as approved by the health authority and shall not constitute a nuisance. No person shall accumulate or hermit to accumulate any garbage or rubbish on any property in the city which might constitute a fire hazard or a nuisance by reason of appearance, odo--, sanitation, possible littering of neighboring properties, or littering of the property on which the garbage or rubbish is accumulated. Section 3. The New Brighton Code is amended by adding new Section 11-11 as follows: Sec. 11-11. Unauthorized collection. No person, firm, or entity other --han a licensed recycling hauler operating under contract with the City or with the owner shall collect, remove or dispose of recyclable material after they are set out for collection. Section 4. Code Section 11-30 is amended as foLows: Sec. 11-30. Required. it shaR be .u! for any pefs5n enga ed in the businessf having firs` seeured 'from-che-ei-eaidnei a lie-2 5- t-- na so. It is unlawful for any person to collect and haul garb-ke, refuse, recyclables, or yard waste without the appropriate license issued by the City under this section, unless the person is collecting and haulinR7 from his or her own residence or commercial establishment. Licenses shall be applied for, issued and renewed as provided in this Chapter. Each licensee shall comply with all applicable requirements of this chapter and failure to comply is ground for suspension or revocation of the license. Section 5. Code Section 11-31 is amended as follows: Sec. 11-31. Application. Any person desiring a license to collect garbage or rubbish shall make application for the same to the city clerk upon a form prescribed by the city council. The application shall set forth: d 4 . (1) The name and address of the applicant; (2) A list of the equipment whielt he proposes to proposed to be used in such collection; (3) The place or places to wl.---ich the garbage and rubbish is to be hauled; (4) The manner in which said garbage is to be disposed of; (5) The portion of the city in which collections are to be made. Section 6. The New Brighton City Code is amended by adding Sections 11-32 through 11-36 as follows: Sec. 11-32. Categories of Licenses. The following categories of hauling activities must be separately licensed: (a) Hauling of recyclables. Hauling of any non-recvcsables and vard wastes from residences (c) Hauling of any non-ree -clables and yard wastes from commercial establishments and/or m-ltiole dwellings. Each application for a license a --id each license issued shall identify the type of license and the specified vehicles to be used by the licensed hauler. Sec. 11-33. Insurance Required. Before a license is issue,. the applicant shall file with the Citv Clerk evidence that the applicant ha; in effect public liability insurance fo?- the hauler's business and for all vehicles in at least the sum of $500 0G0 for injury for one person, $1,000,000 for the injury of two or more persons --n the same accident, and $_100,000 fo, property damage. Sec. 11-34. Rate Filing. When the application is submitted, the applicant shall file wits the City Clerk a schedule of proposed rates to be charged during the licensed period. In the case of service to residences, a minimum of three rate levels for regular service, priced on tZe basis of volume, will be provided very licensee shall provide 14 days' -.rior written notification to the City and the licensee's customers of any chain -re in rates to be implemented durirc the license period. Sec. 11-35. Requirements and Restrictions. All licensees, and any oter haulers in the City, shall comply with all of the following requirements arid restrictions: 4 (a) No hauler shall collect from residences or multiple dwellings after 8:00 p.m. or before 6:30 a.m. of any dav, and no hauler shall operate in a residential district on Sundays or legal holidays No licensed hauler shall operate on streets to serve residences on any day other than collection days except to collect a missed pick up or special pick up, or for collection on a day in substitution for a legal holiday which falls on a collection day Lej All haulers shall operate vehicles on city streets within the weight allowed by Minnesota State Statute. Licensees shall have water -tight, packe-^-type vehicles, or in the case of recycling, appropriate container vehicles, in good condition and which prevent loss in transit of liquid or solid cargo All vehicles shall be kept clean and as free from offensive odors as possible, and shall not be allowed to stand in any street longer than reasonablv necessary to collect garbage, refuse, recyclables or yard waste Lej Persons may haul garbage, refuse, recyclables, or yard waste from their own residence, multiple dwelling or commercial establishment if hauled in containers which are water -tight on all sides and the bottom and have tight -fitting covers on top, and if hauled in vehicles, with leak -proof bodies which do not permit the loss of cargo (fZ All garbage and refuse shall be dumped or unloaded only at designated sanitary landfills or county designated facilities Recyclables shall be collected by licensed recyclers only or in an organized recycling drive. Except as provided in paragraph (e) above (h) Yard wastes may be composted privately or may be disposed of at a composting facility or through a licensed non -recyclable and yard waste hauler. {i Each vehicle for which a hauler's license is issued shall exhibit such license in a prominent position on the vehicle In the case of service to residences, weekly collection of garbage, refuse, and yard waste will be provided on collection days In the case of service to residences, each licensee shall separately collect and dispose of yard waste and shall include a separate charge to the customer. Sec. 11-36. Reporting of Recyclables and Yard Waste. All licensees shall report to the City, on forms provided by the City, the quantity of all recyclables and yard waste abated from landfills Such quantities shall be reported by tonnage, except that yard waste may be 5 .'A resorted in estimates of cubic yardage abated Failure to certify accurate volumes in a timely manner may be cause for revocation of a hauling license. Section 6. New Brighton city Code Sections 11-32 through 11-34 are renumbered to Sections 11-37 through 11-39, and current Section 11-33, renumbered to 11-38, as amended as follows: Sec. -tt --tt— 11-38. Fee. The fee for every license required by the provisions of this articles shall be specified by council resolution which may require quarterly payment of all or part of the --ee. Haulers of residential non-recvclables and yard wastes will pay a fee based on average monthly customer count Such licensees shall submit customer counts to the City on a quarterly basis for verification. The City may, at its discretion require customer lists for further verification of customer count. Section 7. Section 3 of this ordinance shall take effect on the day following publication. Sections 1, 2, 4, 5 and 6 shall take effect on April 1, 1991. Adopted this 25th ATTEST: *MQ&A-O� MargaFej Egan, Finance Director (SEAL) day of September , 1990. Steven Larson, Acting Mayor �" M► CWII-41� David M. Childs, City Manager 470 Pillsbury Center 200 South Sixth Street ._ Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax C H A R T E R E D http://www.kennedy-graven.com July 12, 1999 Mr. Charles S. Whiting City Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112 Re: Personnel Policy Revisions Our File No. MU210-018 Dear Chuck: #9 ROBERT C. LONG Attorney at Law Direct Dial (612) 337-9202 email: rlong@kennedy-graven.com Pursuant to your request I have reviewed our file and correspondence as to suggested revisions for the draft personnel policy for the City of Mounds View, as well as made a determination as to costs associated with final revisions for the draft policy. It appears that the draft policy was last revised by the City in December of 1997. Subsequent to that time, Mr. Scott Riggs of my office forwarded correspondence to Mr. Bruce Kessel as to the various proposed revisions to the December 1997 draft. It does not appear that any of these proposed revisions have been incorporated into the policy at this time. Based on Mr. Riggs' March 9, 1998 letter and March 3, 1998 memorandum, it would appear that, barring any further revisions or modifications by the City Council, the personnel handbook could be completed within 20 hours or an amount not to exceed $2,300.00. Any additional modifications or requested revisions would result in an amount beyond the above noted cost estimate. JPD-153046 KG400-1 Mr. Charles S. Whiting July 12, 1999 Page 2 I have enclosed a copy of Mr. Riggs' March 9, 1998, correspondence and accompanying March 3, 1998 memorandum for your reference. Please feel free to contact me with any questions you may have regarding this matter. Sincerely, KE,NNEDY & GRAVEN, CHARTERED Robert C. Long Mounds View City Attorney RCL: sms Enclosures JPD-152601 KG400-1 470 Pillsbury Center 200 South Sixth Street • Minneapolis MN 55402 v (612) 337-9300 telephone (612) 337-9310 fax C H A R T E R E D e-mail: attys@Kennedy-graven.com SCOTT J. RIGGs Attorney at Law Direct Dial (612) 337-9260 e-mail: stiggs@kennedy-gmven.com March 9, 1998 VIA FACSIMILE AND REGULAR MAIL Bruce Kessel Finance Director City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 RE: Personnel Policy Proposed Revisions Dear Bruce: Enclosed please find a memorandum outlining various suggested revisions to be made to the proposed Mounds View Personnel Policy. I had hoped to have Mr. Bob Long review the enclosed memorandum and to discuss this matter with him prior to his leaving for the National League of Cities conference, unfortunately, because of his schedule, such a discussion has not yet occurred. I keeping with the intent of the correspondence that Mr. Mac LeFevre and I previously forwarded to Ms. Lynnette Morgan, the accompanying memorandum should serve as a starting point for further revisions to the draft policy. As we had discussed, in order to keep this matter moving along, this memorandum was prepared in an attempt to revise the policy to the best extent possible until a new human resources staff person can be hired by the City to further review and work on this matter. Once such a person has been hired, I would suggest that a meeting be scheduled between all of us to discuss this matter more fully and to determine how best to complete the policy. Input from the person who will be responsible for the day-to-day workings and implementation of the personnel policy would appear to be appropriate before making further extensive revisions and/or proceeding to final adoption of the policy. SJR139510 MU210-18 March 9, 1998 Page 2 If you should have any questions regarding this matter, please feel free to contact me. Sincerely, co J. i s ;/ SJR:s Enclosure cc: Mr. Chuck Whiting Mr. Bob Long Mr. John M. LeFevre SJR139510 MU210-18 MEMORANDUM TO: BRUCE KESSEL, RCL, JML and FILE FROM: SJR DATE: March 3, 1998 RE: Mounds View Proposed Personnel Handbook comments The following is a summary of the reviews conducted by Mac LeFevre and Scott Riggs of the proposed Mounds View Personnel Policy, including a list of comments, possible revisions, etc. regarding the proposed policy. 1. First page of introduction --in the fourth paragraph, second sentence, add the word "contract" between words "not terms". 2. In the first sentence of the City Organization paragraph, insert the phrase "of Government" between the words "form adopted". 3. The second page of the Introduction section, in the Finance and Administration paragraph, insert a comma between the words "recruitment hiring". 4. In the second sentence of the Uniformed Personnel paragraph of Section 1.01, insert the phrase "by all required employees" between the words "work unless"; in addition, strike the word "their" and insert the word "the" instead in this sentence. 5. In the second sentence of the "Casual Day" paragraph of Section 1.01, insert the word "each" between the words "inform employee". 6. Section 1.05 should be modified to reflect an "At -Will" employment relationship, modified to include more discretion to the city council/city administrator, and also modified to clarify the relationship between the authority of the city administrator and the city council as to discipline/terminations. Thus, language similar to the following should be inserted into Section 1.05, with the original language of Section 1.05 being stricken in its entirety: SJR137536 MU210-18 At Will Employment All City employees are hired on an at will basis. This means that the employee may terminate employment for any or no reason at any time without notice and the City may terminate the employee's employment for any or no reason at any time without notice. Dismissals, Suspension, Demotions and Other Discipline Several types of discipline may be imposed by the Clerk -Administrator. These include but are not limited to verbal warning, written warning, suspension, demotion and dismissal. Discipline may not necessarily be imposed progressively and the Clerk -Administrator may immediately dismiss an employee where appropriate. The City does not have employment contracts with its employees. Employment with the City is at will so that the employee may terminate employment for any or no reason at any time without notice and the City may terminate the employee's employment for any or no reason at any time without notice. Where the employee so requests in writing, within five (5) days of termination, the City will inform the employee of the reason for termination within five (5) days of receipt of the employee's request. 7. Is Section 1.07.A. ADA grievance policy different from regular grievance policy? In addition, remove reference to "legal' procedure in the third paragraph. In the "Second Step" paragraph, insert the word "the" before the second reference to "City Administrator"; likewise. for consistency sake, capitalize the last reference to "City Administrator" in the "Second Step" paragraph. 8. Clarify the jurisdiction of the federal agencies which receive ADA related complaints. 9. Should the limitation period referencing Minn. Stat. § 363.03, Subd. 3 be omitted? A review of the statute leads to the conclusion that the 1 year period referenced is modified under certain circumstances. Likewise, what if the statutory time period changes but the Handbook is not properly updated? 10. In the second sentence of the fourth paragraph of the Policy Guidelines section of Section 1.07.B., the word "not" should be changed to "no", and the remainder of the sentence must be modified to make sense. 11. In the second paragraph of Section 1.07.C., the words "disability" and "age" are referenced twice. SJR137536 MU210-18 12. In the fourth paragraph of Section 1.07.C., the word "the" should be removed from before the phrase "Equal Employment Opportunity". 13. Does the City have an Affirmative Action Plan? --if so, why? 14. Section 1.10-this is being reviewed by DJG. Note that the fourth and fifth paragraphs of Section 1.10.A. are somewhat inconsistent as to the ability of the City to terminate for violations of the policy, e.g., the section appears to suggest that there would be no grounds for termination if an employee satisfactorily completes a drug abuse assistance or rehabilitation program. 15. In the stand-alone sentence after the first paragraph of Section 1.13, the word "employees" should be modified to include an apostrophe as follows: "employee's". 16. In the first sentence of the last paragraph of Section 1.13, the term "employee designate" needs to be defined of completed. 17. As to section 1.15, it may be best (in light of possible future statutory changes) to omit the listing of "public data" (presumably from Minn. Stat. § 13.43, Subd. 2) to avoid confusion and because the listing is not complete as to what is set forth in the statute. It appears that an attempt was made to follow the requirements of Minn. Stat. § 13.04, Subd. 3, however, some provisions noted in the Handbook are not correct and the last two paragraphs of Section 1.15 should be modified. 18. In Section 1.17, in the last sentence of the third paragraph, the word "be" should be inserted between the words "to given". 19. In Section 1.20, in the first sentence under the heading "Procedures" the word "facts" should be substituted for the word "fact". In "Step 5," a comma should be inserted after the word "level". 20. In Section 1.23, in the third sentence of paragraph B. on Application Forms, the word "applications" should be changed to "applicants". In the second sentence of paragraph F. on Pre -Employment Background Check, the word "a" should be inserted between the words "undergo criminal". 21. For Section 1.27, the section heading should be located on the same page as the body of the policy. In the first sentence of the second paragraph of this section, reference to "just cause" should be omitted and the sentence should be replaced with the following language: "Conduct found to be in violation of this policy may subject the perpetrator to discipline." SJR137536 MU210-18 22. In Section 2.01, the second "if' in the second sentence of the third paragraph of this section should be replaced with the word "is". In the paragraph entitled "Duration," the word "their" in the second paragraph, item number 1, should be changed to "his or her". 23. In Section 2.05.A., in the last bullet -point of the second paragraph, the word "hours" should be added after "1,25011. In addition, the first sentence of the second paragraph of the subheading "Use of Vacation, Sick Leave and Holiday Pay," does not make sense and should be revised accordingly. 24. In the third paragraph of Section 2.05.D., the word "the" before "1,040 hours" should be replaced by the word "than". 25. In Section 3.01.H., references are made to "Stanton Adjustments" ("will be made") which should have already occurred. Why are such references included in the policy? 26. Is the heading for Section 4.01 (Disabled Employees) appropriate? 27. In reflecting the "at -will" employment relationship of the policy, the first sentence of Section 4.05 should be modified to read: "The City may dismiss any employee for any or no reason at any time without notice." 28. The meaning of the second sentence of the second paragraph of Section 4.15 is unclear. What is this sentence supposed to mean? 29. The word "they" in the first sentence of the second paragraph of Section 4.20, and the first sentence of Section 4.25 should be changed to "he or she". 30. The "Waiver and Release of Information" form attached to the policy must be modified to meet the requirements of Minn. Stat. § 13.05, Subd.4.(d), specifically, an expiration date not to exceed one year must be included in the form. SJR137536 MU210-18 47G P"wtr Ccntcr 200 South Sixth Sam Mmnapoys MN 554OZ (612) 337-93M tticphorc (612) P7 931TAW o-mati: jnr.4 oennedy-gr,V.am, CHARTERED January 5. 1998 Ms. Lynette Morgan Assistant to the City Administrator City of Mounds Yew 2401 Highway 10 Mounds View. MN 55112-1d99 RE: Personnel Policy Review Initial Continents Our File No.: MU210-18 Dear Ms. Morgan: SCUrr J. Rtc.GS Avamy at L..• tHanct DW (81Z) 337-92W 'CIA PACSIMII,E le- e e v ; e v'� q Pursuant to out conversation last week regarding this matter, please find following my initial comments as to my review of the draft personnel policy for the City of Mounds View. My comments are in addition to those previously provided to you by Mr. John M. LeFevre, Jr. of our office. Both sets of comments are provided as a means to initiating discussion as to the draft Policy. As to general comments for this matter. please note that at this point in time i have reviewed the draft policy as to general concepts and issues rather than as a proof reader. However, please note that there appear to be a few typographical errors in the draft policy which should be removed upon a final proof reading of the policy. As to specific provisions contained in the draft policy, please note first off that I concur with the suggestions and issues raised by Mr. LeFevre. An four of the specific matters raised should be. clarified in the further revisions of the draft policy. My other specific comments are as follows: 1. In Section 1.30 of the draft policy, reference to Minn. Stat, § 13.03 should caveat that the list of "public" data is not exhaustive and is-a#s� ctit,l ! rn 2.Cn Section 3.10 of the draft polity, itmay be more appropriate to reference the statutory olidays (see Minn. Stat § 645.44. subd. 5) as it appears that the City has included an xtra holiday those listed. __ ___---- 3. In keeping with the "employment -at -will" notion for the draft policy, Section 4.25 should SJR136071 HUZ10•te Page Z Januaty 5. 1998 °' be revised to state that employees should "endeavor" or "attempt" to submit a written notice at least two weeks in advance of a Voluntary resignation from City employment, rather than stating that an employee "must" submit such notice. a. The table of contents of the draft policy makes Leference to a Section Five: Misc. Policies, which was not provided for my review. While all four of the noted provisions in Section hive should be properly reviewed, two in particular. Gifts and Gratuities, and Policy [on] Personal Use of City Property should be carefully reviewed. Please note that both of these issue areas create substantial administrative difficulties for cities, are subject to various statutory and court made requirements, and in the case of use of city properly, May expose the City to unintended insurance liability. [Please note than the LMCTT generally encourages that such "use of city Property" policies be tepealed.] G 1 As to procedural aspects for s cy, as you are aware. the Cif T� Council will need to rest' City Code Title 300' if a onnel policy as pre=tly proposed is to be utilized by the City. In a ' ' nnei policy would then have to be adopted by either motion of resolution of the Council- Both the personnel policy, as well as the adoption mechanists► (either motion or resolution), should contain a clear statement that the new personnel Policy supersedes all previously existing personnel policies and that any and all previously existing personnel politics are revoked and rescinded in their entirety. The City should also ensure that the draft policy is the only policy in existence upon adoption by distributing the policy to all present and future employees, with each employee then in true ackdc%'cr'rledging receipt of the new policy. Such a procedure will prevent confusion among all parties should reference to the personnel policy be made in the future. After the City Council has had a chance to review the draft policy, please let me know how she Council desires to proceed with any of the suggested substantive changes noted herein or in Mr. LaFevre's letter. After a revised draft policy is completed. I would then suggest that a final review of the draft policy once again be made as to both substantive content and stylistic issues. Thank you for your assistance with this matter. L _SJR:s cc: Mr. Chuck Whiting, City Administrator Mr. Robert C. Long, City Attorney Mr. John M. tzFevre, Sr. SJR139071 NU210-18 Item No. Staff Report No. Meeting Date: August 2, 1999 ,Type of Business: W.K. WK.- Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Consideration of MSA Turn Back Roads Date of Report: July 22, 1999 Several months ago in the heat of the Spring Lake Road and Co. I discussions, the topic of considering to take these turn back roads a put them on the City's MSA above the 20% that the City is allotted currently. Staff has received a request from Ramsey County to adopt a resolution accepting the jurisdictional change upon completion of the recycle project. Staff must determine the phrasing of the resolution to pursue MSA status on these roads or merely accept them as city streets. County Road I is currently on the City's MSA system. Previously staff requested Council adopt a resolution revoking the MSA status and adopting the turn back MSA status. This was merely a paper procedure handled by MnDOT, which would enable the City to possibly utilize the mileage on Co. I elsewhere in the City if appropriate. Staff seeks Council direction in these matters. Mic ael Ulrich, Director of Public Works Item No. - 47 Staff Report No. Meeting Date: August 2, 1999 Type of Business: W.K. WK.- Work Session; PH' Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Consideration of Final Plans and Specifications, Authorize Bid Advertisement for Woodcrest Park Wetland Mitigation Project. Date of Report: July 22, 1999 Staff will present the final plans and specifications for the Woodcrest Park Wetland project for Council's consideration and approval at the regular meeting of August 9, 1999. Pending approval, staff will request authorization to advertise the project for bid. Ir- Al"Aael Ulrich, Director of Public Works AW AMEW i Z��Hef 1 1 TRANSMITTAL 3535 Vadnais Center Drive, 200 SEH Center, St. Paul, MN 55110-5118 651.490.2000 800.325.2055 651.490.2150 FAX TO: Mike Ulrich July 29, 1999 Date City of Mounds View A-MOUND9901.00 File Number and Location RE: Plans and Engineers Estimate for Woodcrest Park We are ■ Enclosing ❑ Sending Under Separate Cover 1- Set of Plans 1- Engineers Estimate For your Client Number ❑ As Requested ❑ Information/Records ❑ Review ❑ Approval ❑ Action ❑ Distribution ❑ Revision and Resubmittal REMARKS: The plan is to bid the restoration as a separate bid item at this time. Alternatives will be used if the price is right. There is $15,000 included in the cost estimate for the 5-year wetland mitigation monitoring program. Rocky Keehn By 4/99 Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We helpyou plan, design, and achieve Woodcrest Mitigation Site Engineers Estimate Item Unit Estimated Quantity Unit Price Total Estimated Price EXCAVATION PORTION OF PROJECT Mobilization for Non -restoration Lump Sum 1 $5,000.00 $5,000 Remove Concrete S.Y. 25 $4.00 $100 Remove Hydrant and Lead Lump Sum 1 $300.00 $300 Remove CMP L.F. 62.8 $2.00 $126 Clearing Each 20 $150.00 $3,000 Grubbing Each 20 $75.00 $1,500 Bale Checks Each 16 $3.00 $48 Silt Fence, Heavy Duty L.F. 800 $3.00 $2,400 Common Excavation C.Y. 11,545 $6.00 $69,270 Class II for trail 6" deep, 8' wide Tons 350 $15.00 $5,250 12" CMP Culvert L.F. 26 $15.00 $390 24" RCP Culvert L.F. 70 $35.00 $2,450 36" RCP Storm Sewer L.F. 42 $75.00 $3,150 42" RCP Storm Sewer L.F. 47 - ,.1 $95.00 $4,465 42" 7 112 degree bends Each 2 $1,000.00 $2,000 24" Apron and Trash Guard Each 6 $1,250.00 $7,500 Salvage and Reinstall 36" Apron Each 2 $250.00 $500 Salvage and Reinstall 42" Apron Each 1 $300.00 $300 Skimmer Structure 1 Lump Sum 1 $1,500.00 $1,500 Skimmer Structure 2 Lump Sum 1 $1,500.00 $1,500 Skimmer Structure 3- Lump Sum 1 $1,000.00 $1,000 Connect to Existing CMP Each 2 $150.00 $300 Connect to Existing Storm Sewer Each 3 $150.00 $450 Class III Riprap C.Y. 60 $90.00 $5,400 Geotextile Fabric S.Y. 20 $2.00 $40 6" MJ Plug Each 1 $200.00 $200 Sodding, Type B S.Y. 300 $2.00 $600 Estimated Construction Cost $118,739 Contingencies (15%) $23,748 Total Construction $142,486 Engineering, Administration (15%) $21,373 Total Project Cost for Excavation $163,900 RESTORATION COSTS Mobilization for restoration 1-um Sum 1.00 1 $1,000.001 $1,000 Wetland Restoration lacre 2.50 $3,000.00 $7,500 Non -wetland Restoration lacre 0.60 $1,500.00 $900 Estimated Construction Cost $9,400 Contingencies (15%) $1,880 Total Construction $11,280 Engineering, Administration (15%) $1,692 Wetland Monitoring (cost over 5 years Cal $3000 per year) $15,000 Total Project Cost for Restoration $28,000 ALTERNATE BIDS Remove Picnic Tables Each 2 $100.00 $200 Remove Grill Each 1 $50.00 $50 Remove Bench Each 2 $50.00 $100 Remove Timbers L.F. 1537 $2.00 $3,074 Remove Spigot Each 1 $50.00 $50 Remove Drinking Fountain Each 1 $50.00 $50 Remove Gate Each 1 $50.00 $50 Estimated Construction Cost $3,574 Contingencies (15%) $715 Total Construction $4,289 Total Project Cost Alternatives $5,000 =TOTALPROJECIT COST $196,900 Prepared by: RJK Reviewed by:MA 07/28/99 W OODEST. W K4 i �¢zoz NLLJ LLi C7 YcaU . 2 {{.-.— yOgl�� W j�l—w Z W zh1wa� N Z 3 € a O 7 4ow�W a �g 9mw3o W Q' �wa, 3Nm j 1 (nLd W x om 0l�� O v) W mN o wa zo z W. Z p Si d Zo3G o> a W 0 3yB` O~�mFax ad ofi p z ca c� � Z W_ 31 aaas _ sl 3aNV -- _ �_-- W € m O Ir C/-) ryLL- Q ® n D_0®© El=0®� ©©Im Q Q z o1 ��a� U Q 9 ® Q I� M4Vd 3 X V aalads A31aIVI W Z O _ Q O U w a w II oEL IOU II 0 Ii LLJ im W r" 33 g� G pw es/zz/o� oaoi-� avowioeon\d3\mw\ioea\anon\m�+oaa�\xuvx\s dOa 03SOd0ad MO'U � e �� qq F � 3 � g m $ U 0 Z U U o U g:Z a m '1= �F w G 2 w o h Z m�gp O yy �gj 1 ¢ W cn 1XIN ¢ Hw uj w .3 W O a Jo 1 K.) a z q r c w 3 yIIy� J Id O_' W F? F x 0 > o O v> ^� w Z 2 O 2 N N n E 5 ■5}�} SSE s�a VI Y o: 3 w i ave C � � B re/tVm in errva�aranv3WaUwwmv:nnuuVm.�s PSI NE'e5m�'SEB°aorc _-gu .l i uS m ci n — d \ 69 Z Rai i � � i® _ 3 i •\ \. \ °� Pia w O� pG i � ' �r C� N ZN �°•� m b V o. o� e� 499 Y Zzad s _J\ 0 —ZBg� U _ O O po0y a�o-j JanIiS m 6 vs A \� M o z a a Ld Z < W J U d < a ? Luz z m < o F- z W < 3 F O `1 rn Q� W < Z a z F-- m w 3 V W O > 00 3r z Z O n � a Y ra 4�� z a- a 1 £i� L 8 o 0 a: I r, 00 00 00. Lill- Fj Id i If co -V Do CY) I 001 00 00 03 03 9CL f6— — to Z Im 00 co 00 00 co -1 Item No. Staff Report No. Meeting Date: August 2, 1999 Type of Business: W.K. WK Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Consideration of Resolution No. 5357 Adopting Streets Committee Recommendations for Future Reconstruction Projects Date of Report: July 22, 1999 Staff has drafted a resolution to incorporate the recommendations of the Streets Committee into the standards by which future street reconstruction / rehabilitation projects could be governed by. Additional language in the form of amending the City Code would be required to lower the percentage assessed and any new assessments for any rehabilitation methods of both streets and underground utilities. Copied from the work session staff report are the methods of rehab for Council's review and further comments. * Method #1 1 %2" Overlay na, $3.60 / sq�d $11.20 per foot for total width $ 5.60 per foot for 1/2 street width ( one side) $448.00 improvement cost for typical 80' lot * Method #2 1" milling with 1 %2 " wear overlay $12.75 per foot for total width $6.40 per foot for 1/2 street width ( one side ) $509.00 improvement cost for typical 80' lot * Method #3 Recycle existing road, 1 1/2" base + 1 1/2" wear * * $14.95 per foot for total width $7.50 per foot for %2 street width ( one side ) $596.00 improvement cost for typical 80' lot ** This estimate does not include a surmountable bituminous curb. * These estimates do not include any utility structure adjustments, driveway apron paving or boulevard and / or landscaping improvements. Staff has also received a budgetary estimate for lining existing sanitary sewer mains in a project area. Lining of the City main lines would obviously not correct any deficiencies or defects in the residential service. This price would be $36.00 per lineal foot for an eight inch main. Utilizing the same scenario as above, the estimates for this improvement are as follows: City of Mounds View Staff Report July 22, 1999 Page 2 8" Sanitary Sewer Main Lining $36.00 per foot for total width $18.00 per foot for'/2 street width ( one side ) $1,440.00 improvement cost for typical 80' lot In light of time schedule for any future improvements and the relatively reasonable expenses associated with any combination of the street rehab methods and sanitary sewer lining, staff would suggest that these type of improvements be assessed at rate of 100 % residential. When the residents wish to have curb and gutter installed, the City might contribute to the costs of the curb and gutter. In an MSA project, the residents could be assessed for the maximum rehab method, together with any utility improvement that might take place. If any of these strategies would be included in future street projects, they should be identified perhaps by resolution, identified by the City Code, which would enable the expense of the methods to be adjusted annually for inflation. Staff seeks Council discussion and direction in these matters. c el Ulrich, irector of Public Works RESOLUTION NO. 5357 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING THE STREETS COMMITTEE RECOMMENDATIONS FOR FUTURE RECONSTRUCTION PROJECTS WHEREAS, the City Council of the City of Mounds View in 1998, appointed a Streets Committee to review the City street reconstruction policies, operating practices, assessment policies and the City's ability to finance future projects and; WHEREAS, the Committee's final report has been accepted by the City Council, approving the recommendations and; WHEREAS, the first recommendation is, the standard from which to start considering a street improvement should be based on the current design of the street and; WHEREAS, the second recommendation is, streets should be designed to provide a safe driving surface, but no wider than necessary to minimize the amount of impervious surface. The city will consider all drainage options and; WHEREAS, the third recommendation is, determine the concerns of the residents who are involved in the project through a city sponsored questionnaire and follow up with additional informational meetings with those residents before Council approves action. The feasibility study is to incorporated the residents' issues and concerns and; WHEREAS, the fourth recommendation is, the City integrates a flexible 18 to 36 month time schedule for street reconstruction projects and; WHEREAS, the fifth recommendation is, integrate certifying our MSA road system as complete into the City's overall project improvement plan and; WHEREAS, the sixth recommendation is,the City considers bonding and / or creating interest bearing only funds to contribute toward the City's share of reconstruction costs and; WHEREAS, the seventh recommendation is, reduce the property owners' assessment from 50o to 20-25% on the reconstruction project and; WHEREAS, this Resolution will replace and nullify Resolution No.4825, Resolution amending Resolution No. 4821, Adopting Street Standards, adopted by the City Council on September 26, 1995. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View does hereby approve the Streets Committee's final report and recommendations and further adopts the aforementioned recommendations for future street reconstruction projects. BE IT FURTHER RESOLVED that this Resolution will replace and nullify Resolution No.4825, Resolution amending Resolution No. 4821, Adopting Street Standards, adopted by the City Council on September 26, 1995. Adopted this 9th day of August, 1999. ATTEST: MAYOR (SEAL) CITY ADMINISTRATOR C:\OFFICE\WPWIN\WPDOCS\RESOLUTI\5357.STR\wwpos Item No. Staff Report N Meeting Date: August 2, 1999 Type of Business: W.K. WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Presentation of the Pleasant View Drive / TH 10 Signal Survey Date of Report: July 22, 1999 Accompanying this report are the results of the survey sent to the residents on Pleasant View Drive. Staff seeks Council direction in this matter. Mi hael Ulrich, Director of Public Works 4 0 } a ai O N U •3 O cT0 2 0 VE C 0 0 m 0) N N 'o 'O N R C c U N N C a G c LA H 0 C O U Y Q N N 'C . R N N C N N r C R m N 0) r N O) N N N� (D 0) O) N N N N? 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Barb Haake from Mounds View is the chair. Its assignments include obtaining information and developing a report and recommendations to the Committee regarding the Metropolitan Council, its effectiveness at this time, and possible alternative means by which metropolitan area planning and systems can be administered. Your help is requested to ensure that the enclosed questionnaire is reviewed and completed by a responsible official in your local government. Responses may be the result of discussions among officials. The information returned to the subcommittee should be limited to one per local unit. The information from the responses will assist the subcommittee as it pursues its assignment and develops conclusions and recommendations for the Committee and the Legislature. Please return the completed questionnaires BY MONDAY, AUGUST 23. Responses may be returned by mail or by fax to Committee Administrator Blair Tremere at the address or fax number below. Individual .replies will be treated anonymously and it will be the respondent's option whether forms are returned without identification. The subcommittee will receive aggregate data. Of course, your comments and suggestions are always welcome regarding this and other topics about local and metropolitan government. Thank you for your cooperation! Chair 409 Quixote Ave. N., Lakeland, Minnesota 55043 (651) 436-5073 551 State Office Building, 100 Constitution Ave., St. Paul, Minnesota 55155-1298 (651) 296-4244 FAX (651) 297-2668 TTY (651) 296-9896 email: rep.peg.larsen@house.leg.state.mn.us Minnesota House of Representatives Committee on Local Government and Metropolitan Affairs Rep. Peg Larsen, Chair QUESTIONNAIRE FOR METROPOLITAN LOCAL GOVERNMENTS RETURN RESPONSE BY MONDAY, AUGUST 23, 1999 BY MAIL OR FAX TO: Blair Tremere, 572 State Office Building, 100 Constitution Avenue, St. Paul, W, q 55155-1298 Fax: 651-297-2668 Comments and expanded responses on a separate sheet are welcome. Responses will be recorded anonymously. 1. Does your community participate in the Liveable Communities program? ❑ Yes. How do you rate your experiences working with the Council? 1 High/Very satisfied 2 Adequate/Satisfied 3 Poor/Unsatisfied ❑ No. What considerations led to the decision to not participate? 2. Should the Legislature continue, discontinue, or modify the current Council organization (16 members and a chair appointed by the Governor) including Planning, Environmental Services, and Transit Divisions? ❑ Continue ❑ Discontinue with some or all of the functions transferred to other agencies or restructured as freestanding state operating agencies Modify (please read the options first, then check all that apply) ❑ Modify with Transit and Environmental Services becoming separate agencies. ❑ Modify with Transit becoming a separate agency. ❑ Modify with Environmental Services becoming a separate agency. ❑ Modify with Planning transferred to the State Office of Strategic and Long Range Planning ❑ Modify by including the Metropolitan Airports Commission and the Sports Facilities Commission 11 Modify by including the Metropolitan Airports Commission ❑ Modify by including the Sports Facilities Commission O Modify so that members are appointed elected officials ❑ INIodify so that membership is elected to the Council 3. If you indicated above that the Council should consist of elected officials, would your response be different if the Council had no authority to levy property taxes? ❑ Yes ❑ No 4. Did your community have a comprehensive plan prior to 1976? ❑ Yes ❑ No a. When did your community first AND last submit a Plan or Element to the Council? 5. Should so-called Minnesota "collar counties" and "edge communities" on the periphery of the seven -county area be included in the Council's jurisdiction? ❑ Yes ❑ No 6. How would you rate the Council's growth management tools (the "Regional Blueprint" and Metropolitan Urban Service Area [MUSA])? Please explain. 1 HighNery satisfied 2 Adequate/Satisfied 3 Poor/Unsatisfied 7. Are you familiar with the statute known as "The Metropolitan Land Planning Act?" ❑ Yes ❑ No 8. a. How would you rate your community's relationship with the Council staff? 1 HighNery satisfied 2 Adequate/Satisfied 3 Poor/Unsatisfied b. How would you rate your community's relationship with the Council itself? 1 HighNery satisfied 2 Adequate/Satisfied 3 Poor/Unsatisfied 9. Cite a positive attribute and a negative attribute of the Council from your experience. 10. List up to three actions you would recommend to the Legislature as priorities regarding the Metropolitan Council. 07/21/99 WED 15:25 FAX 6127256310 Environment and Noise IM002 * /Y BYLAWS OF ANOKA COUNTY- BLAINE AIRPORT ADVISORY COMMISSION The name of this organization shall be the Anoka County -Blaine Airport Advisory Commission, hereinafter referred to as the "Commission". By appointing representatives to this Commission, the appointing authorities do hereby endorse the purpose and goals as identified in these bylaws, and authorize and support the Anoka County -Blaine Airport Advisory Commission (ACAAC) as an advisory'body to the respective appointing bodies. GOAL: This Commission is formed to further the general welfare of the community and the Anoka County- Blaine Airport, a public airport in the City of Blaine, County of Anoka, state of Minne- sota, through minimizing or resolving problems created by the aircraft operations at the airport PURPOSE: 1. The Commission shall advise the community and the Metropolitan Airports Commission with • regard to all matters affecting the Anoka County- Blaine Airport, the classification, rules and regulations supplied to the operation of the Airport and the development of lands adjacent to said Airport 2. The Commission shall cooperate with the Metropolitan Airports Commission staff in review- ing matters affecting the use and control of the Anoka County- Blaine Airport. The Advisory Commission shall make it's recommendations to the Metropolitan Airports Commission regarding any proposal affecting the use or operations of Anoka County- Blaine Airport 1. Representatives and alternate representatives shall be appointed to serve for two (2) year terms and until their successor is appointed Vacancy shall be filled by the appointing authority for a new two (2) year term commencing with the date of appointment of such successor represen- tative. 2. In addition to the designated USFR AND PUBLIC representatives and their appointed alter- nates, non -voting membership to the Commission should include representatives from the fol- lowing categories; • TECHNICAL ADVISORS - Officially recognized organization or agency that directly deals with aircraft operations to include: Federal Aviation Administration (FAA), Minnesota Pollu- 07/21/99 WED 15:26 FAX 6127256310 Environment and Noise a003 in Control Agency (MPCA), Commissioner(s) and /or staff members from the Metropolitan rports Commission (MAC), and any other organization or agency that can provide technical sistanc a with majority approval by the Commission. 3. Voting membership of the commission is as follows; Public Representatives (appointed by respective City Councils) • Two representatives from Circle Pines • Two representatives from Blaine • Two representatives from Mounds View • Two representatives from Lexington User Representatives • Two representatives from Anoka County Aviation Association • Two representatives from airport business • Four airport representatives at large (includes one MAC staff member) • 1. At all meetings, of the commission, attendance by four (4) USER R .PRESENTAMES And four U PUBLIC REPRESENTATIVES. or duly designated alternatives, shall constitute a quorum for the conduct of business. 2. Each USER AND PUBLIC REPRESENTATIVE or a duly designated alternate, shall have one (1) vote. 3. The Bylaws maybe amended by the vote of at least ten (10) present members provided that notice of such proposed amendments shall have been given ten (10) days prior to the general membership meeting. Atthe fast meeting in the even year the representatives shall elect two (2) chairpersons one (1) from the community constituency and one (1) from the airport user constituency of the Commis- sion by majority vote of the representatives. The chairpersons wiU alternate conducting chair- person duties from one meeting to the next. The Chairpersons shall serve for a two (2) year term or until his/her representation on the Commission terminates, whichever occurs first; and until his/ her successor is elected. The powers and duties of the Chairpersons are as follows: 0 1. To preside at all meetings of the Commission. 07/21/99 WED 15:26 FAX 6127256310 Environment and Noise Q 004 2. To call special meetings of the Commission as he/she deems necessary or upon written request of any one (1) USER and one (1) PUBLIC REPRESENTATIVE as delivered to both Chairpersons. 3. To sign as Chairpersons of this Commission, with the approval of the membership, certifica- tions and other papers and instruments in writing that may require such signature. 4. To perform such other duties and tasks as these Bylaws or as the membership shall from time to time prescribe. I. All administrative support will be provided by a sitaff member of the Metropolitan Airports Commission. Z. All record retention will be provided by the Metropolitan Airports Commission. 3. Meeting will be held on a semi-annual basis at a minimum. 4. Membership wig establish the location of meetings. 5. Roberts Rules of Order will preside on issues of disagreement. 6. Financing of the Commission initiatives relative to the respective constituencies will be pro- vided by that constituencies appointing authority, or as other sources of funding are estab- lished is Item No. Air Staff Report No. Meeting Date: August 2, 1999 Type of Business: WS WK: Work Session; PH: Public Hearing; CA: ConsentAgenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Discussion regarding a requested conditional use permit for an oversized garage to be located at 2809 Woodale Drive Date of Report: July 21, 1999 Background: The applicant, Tim Skeate, is requesting a conditional use permit to construct an oversized garage at his property located at 2809 Woodale Drive. This item will be before the Planning Commission on August 4, 1999. Discussion: The primary issue of concern with this request is the proposed size of the garage in relation to the size of the house. The house is 400 square feet and the existing garage is 720 square feet. The garage is currently one and a half times the size of the house, and the applicant would like to add another 576 square feet to the garage, bringing the total square footage to 1,296 square feet. At that size, the garage would be THREE times the size of the house. In the past, the Planning Commission and Council have been reluctant to approve CUPs for garages that are substantially larger than the home. The imbalance of having a garage dominate the property calls to question visual aesthetics as well as a garage's intended purpose to serve the dwelling, not the other way around. The dwelling is the principal structure on the lot, the garage an accessory thereto. Approving a CUP to allow for a garage that would three times the size of the house, in staff s opinion, would be excessive and not in keeping with past practice and the intent of the City Code. Staff will be recommending to the Planning Commission that they either recommend denial of the request or approval of a smaller -scale addition. Direction: Staff has brought this item to the Council's attention for informational purposes. If there are any concerns or questions that should be addressed prior to the Commission meeting on August 4, 1999, please notify staff. This item will be on your August 23 agenda after having set the public hearing at your August 9 meeting. James Ericson, Planning Associate N:\DATA\GROUPS\COMDEV\DEVCASES\566-99\WORKSESS.RPT .,,7, �0" A, t: COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT APPLICATION 2401 Highway 10, Mounds View MN 55112 .purl - Partners�'Qy 612-717-4020 612-784-3462 - FAX Please Type or Print Information - Complete Both Sides of This Form Applicant Information /, Name of Applicant /J;n -�(eci—T(— Telephone p+ Address ), �JC9 &yaodFi I n d/. Fax Ghov"Oj ,r//ev/ Ssirz Interest in Property (check appropriate box) ❑ Owner of Property Contract for Deed Owner ❑ Lessee, Operator, Manager ❑ Agreement to Purchase ❑ Other (explain) Applicants must provide evidence of interest in property at the time of application, and if you are not the owner of the property, you must provide a letter of permission from the owner giving consent to the filing of this application. The property owner must sign this application for it to be accepted. Property Description/Proposal Address or General Location dY ,y � .;'4 Legal Description '- i r Property Identification # (PIN #) # of Acres Current Zoning J 7- Type of Application ❑ Comprehensive Plan Amendment ❑ Rezoning ❑ Major Subdivision ❑ Minor Subdivision ❑ Planned Unit Development (PUD) ❑ PUD Amendment Conditional Use Permit ❑ Variance ❑ Code Appeal ❑ Develop Review/Site Plan ❑ Wetland Alteration Permit ❑ Wetland Buffer Permit ❑ Floodplain Permit ❑ Other $250 $250/acre; min $250 max $1500 $250 + $250 deposit* $200 Refer to rezoning fees $350 R-1, R-�Z all others $250 R-1, R-2 $100 all others $250 $100 $125/acre; min $125 max $750 R-1, R-2 $150, all others $200 R-1, R-2 $25; all others $100 $200 *Deposits shall be paid to cover all costs of public notices, materials and staff or consultant time spent in the review, research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within thirty (30) days after consideration of the application is completed. Please complete the reverse side of this application. City of Mounds View, MN Development Application Page 2 Present Use of Property ❑ Undeveloped/Vacant Single Family Dwelling ❑ Duplex/Two Family Dwelling ❑ Multi -family Dwelling ❑ Business/Commercial Establishment ❑ Industrial Establishment ❑ Other (explain) Property Classification ❑ Abstract ❑ Torrens BY MY (OUR) SIGNATURE ON THIS APPLICATION, I HEREBY DECLARE THAT, TO THE BEST OF MY KNOWLEDGE, THE INFORMATION PROVIDED IS TRUE A,ND ACCURATE. Signature of Applicant Name of Applicant (typed/printed)�— Signature of Property Owner Name of Property Owner (typed/printed) 1 �-+ _ 2 Q re Address of Owner Phone Number of Owner ************************************************************************************************ Date of Submittal Date of Acceptance Planning Case No. Application: Park Dedication: Deposits: Other: Total: FOR OFFICE USE ONLY ' j Assigned to: 60-day Limit 120-day limit Fees Pajd OD Account # Check # Rem eipt N:\DATA\GROUPS\COMDEV\FORMS\DEVAPP.FOR 1/98 Customer: Application: Job: By: Date: SPEC SHEET of UNISTRUT NORTHERN * /6 City of Mounds View Staff Re To: Mayor & members of the City Council From: Bruce A. Kessel, Finance Director - Item Title/Subject: Certifying delinquent receivables Date of Report: July 28, 1999 Currently, we have several citizens and/or customers who have not paid their utility bills, or bills for items such as false police alarms, City cutting weeds on individual properties (property owner would not cut grass/weeds and after providing required notice, the City contracted for such cutting), and other miscellaneous charges. State statutes and the City Code allow the City to certify such amounts to the County, provided that we provide adequate notice. As such, we are proposing to set a public hearing on such amounts for September 27th. We would send out letters to all the property owners the week of August 9 which would allow them to pay any amounts owing until September 13'h. We would then publish a list of all properties with outstanding bills on September 15th, with the public hearing and adoption of the final list by the Council on September 27. The approved list would then be forwarded to the County for inclusion on the property tax statements in the year 2000. interoffice M E M O R A N D U M to: Mayor Mounds View City Council Members Mounds View Department Heads from: Joan Babekuhl �* subject: Attached Docume ation date: July 30, 1999 Scott Riggs of Kennedy & Graven faxed the attached documentation regarding Ordinance No. 630 late on Thursday, after I had assembled the packets for the scheduled Work Session on August 2. KENNEDY & GRAVEN, CHARTERED 470 PiELLSBURY CENTER MINNEAPOLIS, MN 55402 (612) 337-9300 PAX # (612) 337-93i0 Date: July 29, 1999 Our 1+'i1e No.: MU210-14 TO: Joan FAX #: 612-784-3462 FROM: Scott Riggs Ditect Dial #: (612) 337-9260 COMMENTS: Number of pages including cover sheet: If a problem arises, please call Shannon Stang at (612) 337.9279 NOTICE OF CONFIDENTIAL INFORMATION: Thus fax contains confidential information winch is legally privileged. The in Formation is for the sole use of the intended recipients) listed above. Distribution or disclosure to any individuals not so listed is strictly prohibited. srn-nr,1199 MU210-37 leg-d K/10'd 9 1 N Ol OM+ N3AVa9 ! AHNNR-Woad 21:91 88-8Z-20 ORDINANCE NO.630 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 PUBLIC RIGHT OF WAY IN THE PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF- WAY PERMITS Tm COUNC[. OF MOUNDS vffiw ORDAINS. SEC MN 1. Title 900 of the MmAs view Municipal Code shall be wrwjded by th-, addition of an eetimly new Chapter 910. to tend as follows. Chapter 910 Right -of -Way Management SECTION 910.01. Findings, Purpose and Intent 910.02. 1✓lection to Manage the Public Rights -of -way 910.03. Definitiotis 910.04. Administration 910-05. Registration and Right -of -Way Occupancy 910.06. Registration information 910.07. Rcporting Obligations 910.08. Permit Requirettrent 910.09. Permit Applications 910.10. Issuance of Permit-, semis CoAd iW 910.11. Permit Pees 910.12. Right -of -Way Patching and Restoration 910.13. Joint Applications 910.14. Supplementary Applications. 910.15. Other Obligations 910-16. Denial of Permit 910.17. Installation Requirements 910.18. Inspection 910.19. Work Done Without a Permit 910.20. Supplementary Notification 910.21. Revocation of Permits 5JR-1b39R2 MU21NIA ley-d tZ/20'd 9IN MUSE+ N30 0 ! AHNNN-Mi 11:91 Be-BZ-10 910.22. Mapping Data 910.23. Location of Facilities 910.24. Relocation of Facilities 910.25. Pre-Excavatioti Facilities Location 910.26. Damage to Other Facilities 910.27. Right -of -Way vacation 910.28. Indemnification and Liability 910.29. Abandoned and Unusable facilities 910.30. Appeal 910.31. Reservation of Regulatory and Police Powers 910-32. Severability 910.01: FINDINGS, PURPM AND INI NT: The City hereby enzicts this new Chapter of this Code relating to right-of-way permits and administration and to provide for the health, safety and Welfare of its citizens, and to etlsure the integrity of its streets and the appropriate use of the rights -of -way. This Chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights - of -way or to be placed therein. It is intended to complement the regulatory roles of state and federal agencies. This chapter shall he interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes, Sections 237.16, 237.162, 237.163, 237.79. 237.81, and 238.086 (the "Act") and the other laws governing applicable rights of the city and users, of the right-of-way. This chapter shall also be interpreted consistently with Mlnnesota Rules Part 7819.0050 7819.9950 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that ititetpretation most consistent with the Act and other applicable statutory anti case law is intended. 910-02: ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY: In accordance with the authority granted to the city under state and federal statutory, administrative atid common law, the city hereby elects pursuant to this chapt.cr to manage tights -of -ways within the jurisdiction. 910.03: DEFINITIONS: The following definitions apply in this Chapter of this Code. References hereafter to "sections" are unless otherwise specified references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. "Abandoned facility" means a facility no longer in service or physically disconnected from a portion of the operating facility, or from atty other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. SJR-1639D2 MV210-14 109-d WEO'd 9IN OlE81EE+ N3AYN9 I AHNNN-WOJi 11:91 88-H-10 "Applicant" means, any Person requesting permission to Excavate or obstruct a Right -of -Way. "City" means the City of Mounds View, Minnesota. I~or purposes of section . City means its elected officials, officers, employees and agetits "Commission" means the Minnesota Public Utilities Commission. "Congested right -of -Way" means a crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04. subdivision 3, over a continuous length in excess of 500 feet. "Constructiotn Performance Bond" means any of the following forms of security provided at permittee's option: A. Individual project bond; 13. Cash deposit; C. Security of a form listed or approved under Minn. Stat. 15.73 . 3: D. Letter of Credit, in a form acceptable to th,-- LGU A. Self-insurance. in a forth acceptable to the LGU F. A blanket bond for projects within the city, or other form of construction bond. for a time specified and in a form acceptable to the city. "Degradation" means a decrease in the useful life of the Pight-of-Warr caused by excavation in or disturbance of the Right -of -Way, resulting in the need to reconstruct such Right -of -Way earlier than Would be required if the excavation or disturbance did not occur. "Degradation Cost" subject to Minnesota Rules 7819.110D means the cost to achieve a level of restoration as determined by the City at the time the: permit is issued, not to exceed the maximum Restoration shown in plates 1 to 13. set forth in Minnesota Rules parts 7819.9900 to 7819.9950. "Degradation Fee" means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease iri the useful life of the right- of-way caused by the excavation, and which equals the degradation costs. "Department" means the department of public works of the city. Snit-163902 MU210-1a 3 169-1 Wkg'd 91E-1 Ol OM+ WYE ! AUNNBN-Mi 11:91 BB-82-20 "Department inspector" means any person authorized by the director W carry out inspections related to the provisions of this chapter. I'Director" means the director of the department of public works of the city, or her or his designee. "Delay Pcnalty" is the penalty imposed as a result of unreasonable delays in right- of-way excavation, obstructiotl, patching, or restoration as requested by permit. "Emergency" means a condition that (1) poses a danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. "Equipment" means any tangible asset used to install. repair, or maintain facilities in any right-of-way. "Excavate mean.-. to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. "Excavation Permit" means the permit which. pursuant to this chapter, must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right-of-way described in such permit. "Excavation Permit Fee" means money paid to the city by an applicarit to cover the costs as provided in Section "Facility or Facilities" means any tangible asset in the right-of-way requited to provide utility service. "Five-year project plan" shows projects adopted by the local government unit for construction within the next five years. "High density corridor' means a designated portion of the public right -of way within which telecommunications right -of --way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. "Hole" means an excavation in the pavement, with the excavation having a length Jess than the width of the pavement. kku "Local Representative" means a local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter. SM-1b3902 MU210-id d 165-� q SOS 91E-1 OIEBI£E+ HAMS I AQRNN-WOJ� 91:91 BB-BZ-10 -Management Costs' means the actual costs the City incurs in managing its. rights - of -way, including such costs, if incurred. as those associated with regidering Applicants. issuing, processing, and verifying right-of-way permit app'.ications: inspecting job sites and restoration projects. maintaining, suppotting, protecting, or moving user facilities during right-of-way work: determining the adegnacy of right-of-way restoration, restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way permits. Management costs do not include payment by a telecommunications right -of --way user for the use of the right-of-way. the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123, Minnesota Statutes. Sections 237.162 or 237.163 or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to Section Of this chapter. "Obstruct" means to place any tangible object in a fight -of -way so as to hinder free and opera passage over that or any part of the right-of-way. "Obstruction Permit" means the permit which, pursuant to this chapter, must he obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. "Obstruction Permit Fee" means money paid to the city by a permittcr to cover the costs as provided in Section "Patch or Patching' means a method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base. and (2) the replacement, in kind. of the existing pavement for a mirurtium of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration oraly when the pavement is included in the city's five-year project plan. "Pavement" means any type of improved surface that is within the public rigbt-of- way and that is paved or otherwise constructed with bituminous, concrete. aggregate, or gravel. "Permit' has the mear►ing given "tight -of -way permit" in Minnesota :Statutes, Section 237.162, "Permittee" meatis any person to whom a permit to excavate or obstruct a tight -of - way has been granted by the city under this chapter. "Person' means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign. whether fot profit or nonprofit, and whether natural. corporate, or po'.itical. srK-i639Q2 Murta-ra 5 189-d W90'd 9IN GIE82EE+ HAVa9 ! AUNNN-WDJ� B1:91 Be-82-20 `Probation" means the status of a person that has not complied With the conditions of this Chapter. "Probationary Period" means one year from the date that a person has been notified in writing that they have been put on probation. "Registrant" means any person who (1) has or seeks to have its equiprrter] t or facilities located in any right -of -Way, or (2) in any way occupies of uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right - of -way. - "Restore or Restoratiorf' means the process by Which an excavated right -of -Way and surrounding area, including pavement and foundation, is retumed ':o the same condition and life expectancy that existed before excavation. "Restoration Cost" means the amount of money paid to the city by a p-.mittee to achieve the level of restoration according to plates 1 to 13 of PUC rules. -Public Right-of-Way-t4�- Ul . aW the area on, below. or ab()vE a public �' � roadway. highway, street, cartway, bicycle lane and public sidewalk iti Which the city has an interest, including other dedicated tights -Of= -way for travel purposes and utility easements of the city. A tight -of -way does not include the airwaves above a right-of-way with regard to cellular or other Lion -wire telecommunications or broadcast service. ' "Right -of -Way Permit" means either the excavation permit or the obstruction permit, or both, depending on the context, requited by this chapter. -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. "Service or Utility Service" includes (1) those services provided by a public utility as defined in Minn. Stat. § 216$.02, subds. d and 6; (2) services of a telecommunications right-of-way user, including transporting of voice or data information; (3) services of a cable communications systems as defined in Mir: _jqja 5tatutec, Chapter 238: (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minnesota Statutes, Chapter 308A; and (6) water, sewer, steam, cooling or heating services. sJR.16.1902 MU210.1a 5 189-1 VVIO*d 9 1 N 01EB2EE+ N3049 ? AONNR-WOJ� 81:91 BB-Bd-20 "Supplementary Application" means an application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a pctmit that had already been issued. "Temporary surface" means the compaction of subbase and aggregate base and replacement. in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the local government unit's two -yeast plan, in which case it is consider-d full restoration. "Trench" means an excavation in the pavement. With the excavation having a length equal to or greater than the width of the pavement. "Telecommunication Rights -of -way User" means a person owning or controlling a facility in the right-of-way. or seeking to own or control a facility in the right-of- way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposcs of this chapter, a cable communication system defined and regulated under Minnesota Statutets. Chapter 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minnesota Statutes, Section 21613.02. a municipality, a municipal gas or power agency organized under Minnesota Statutes, Chapters 453 and 453A, or a cocperative electric association organized under Minnesota Statutes, Chapter 308A. are not telecommunications right-of-way users for purposes of this Chapter. - "Two year project plan" chows projects adopted by the local governmcnt unit for construction within the Next two years. 910.04: ADNIINISTRATION: The Director is the principal City official te--poncible for the administration of the Rights -of -way. Right -of -Way Perniitss, and the ordinances related thereto. The Director may delegate any or all of the dutics. hereunder. 910.05: REGISTRATION AND RIGHT-OF-WAY OCCUPANCY: Subd. 1. Registration: Each Person who occupies, uses, or seeks to occupy or use, the Right-of-way or place any Equipment or Facilities in or on the Right-of-way. including Persons With installation and maintenance responsibilities by lease. sublease or assignment, must register with the Director. Registration will consist of providing application information and paying a registration fee. Subd. 2. Registration Prior to work: No Person may construct, install. repair, remove, relocate, or perform any other work on, or use any Facilities or any part thereof in any Right -of -Way without first being registered With the Director. 5JR-163902 MU210• t d 7 18H W90'd 91E-1 01E61EE+ N3AYa9 ! A03NNV-Woad 6091 se-BZ-20 5ubd. 3. Exceptions: Nothing herein shall be construed to repeal or atnend th" provisions of a City ordinance permitting Persons to plant or maintain boulevard plantings or gardens in the area of the Right -of -Way between their property and the ,.treet curb. Persons planting or maintaining boulevard plantings or gardens shall no+ be deemed to use or occupy the Right -of -Way. and shall not be requited to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Chapter. However, nothing herein relieves a Pon JcrL from complying With the provisions of the v 910.06: REGISTRATION INFORMATION: Subd. 1. Information Required: The information provided to the Director at the time of registration shall include. but not be limited to: (a) Each Registrant'-. name, f epl A = r "**� r�11 xcavaUM registration certificate number, address and e-mail address if applicable. and telephone and facsimile numbers. (b) The name, address and e-mail address, if applicable, and telephote ;md facsimile numbers of a Local Representative. The Local Representative or designee shall be available at all times. Current information regarding how to contact the: Local Representative in an Emergency shall be provided at the time of registration. (c) A certificate of insurance or self-insurance: (1) Verifying that an insurance policy has been issued to the Registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the Director. (2) verifying that the Registrant is insured eagainst dama a aristn Per the ()onal y, including death, as well as claims for property g g use and occupancy of the Rigbt-of-Way by the Registrant, its o'.'ficers, agents. employees and Permittees, and (ii) placement and use of Facilities and Equipment in the Might -of -Way by the Registrant, its officers, agents, employees and Permittees, including, but not limited to, protection against liability arising from completed operations, damage of underp3und Facilities and collapse of property: (3) g Eiger n9mJ1lg the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages SJR•163902 MU210.td 16H K/80A 91E-1 01E62EE+ N30 0 ! AUNNU-WOJd 61:91 86-62-20 (d) Requiring that the Director be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term. (5) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the Director in amounts sufficient to protect the City and the public :ufd to carry out the purposes and policies of this Chapter. i-A-i t6a r";t-r m2v rpnvire a conv of the actual insurance policies KIM� (f) A copy of the Persons order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency. where the person is lawfully required to have such certificate ftotn said. Commission or other state or federal agency. Subd. 2. Notice of Changes: The Registrant shall keep all of the informatior, listed above current at all times by providing to the Director information as to changes within fifteen (15) days following the date on which the Registrant has knowledge of any change. 910,07: REPORTING OBLIGATIONS: Subd, 1. Operations: Each Registrant shall, at the time of registration and by December 1 of each year. file a construction and major maintenance plate for undf.rground Facilities with the Director. Such plan shall be submitted using a format designated by the Director and shall contain the information determined by the Director to be necessary to facilitate the coordination and reduction in the frequency Of excavations and Obstructions of Rights -of -Way. The plan shall include, but not be limited to, the following information: (a) The locations and the estimated beginning and ending dates of all Projects to be commeticed during the next calendar year (in this section, a "Next -year project"); and s)R-163902 MIJ210-14 189-d WE 'd 91E-1 MORE+ HAVE I A HNNN-WOJ� OV 91 BB-8i-10 (b) To the extent known, the tentative locations. and estimated beginninE. and ending dates for all Projects contemplated for the five years following the next calendar year (in this section, a "Five-year Project"). The term "project" in this section shall include both Next -year Projects and Five-year Projects. By January i of each year the Director will have available for inspection in the Director's office a composite list of all Projects of which the Director has been informed of the annual plans. All Registrants are responsible for keeping themselves informed of the current status of this list. Thereafter. by February 1. each Registrant may change any Project in its list -af Next -year Projects, and must notify the Director and all other Registrants of all such changes in said list. Notwithstanding the foregoing, a Registrant may at any time join in a Next -year Project of another Registrant listed by the other Registrant. Subd. 2. Additional Next -year Projects: Notwithstanding the foregoing, the ?director will not deny an application for a Right -of -Way Permit for failure to include: a project in a plan submitted to the City if the Registrant has used commercially reasonable efforts to anticipate and plan for the project. 910.08, PERMIT REQUIREMENT: Siibd. 1. Permit Required: Except as otherwise provided in this Code, no Person may Obstruct or Excavate any Right -of -Way without first having obtained the appropriate Right -of - Way Permit from the Director to do so. (a) Excavation Permit: An Excavation Permit is required by a Registrant to Excavate that part of the Right -of -Way described in such perHt and to hinder free and open passage over the .specified portion of the Right -of -Way by placing Facilities described therein, to the extent and for the duration specified therein. (b) Obstruction Permit: An Obstruction Permit is required by a Registrant to hinder free and open passage over the specified portion of Right -of -Way by placing Equipment described therein on the Right-of-way, to the extent and for the duration specified therein. An Obstruction Permit is not required if a Person already possesses a valid Excavation Permit for the same project. Subd. 2. Permit Extensions: No Person may Excavate or Obstruct the Fight -of -Way beyond the date or dates specified in the permit unless such Person (i) makes a S upplementary Application for another Right -of -Way Permit before the expiration o r the initial permit, and (ii) a new permit or permit extension is granted- Subd_ 3. Delay Penalty: In accordance with Minnesota Rule 7819.1000 sutp. 3 and notwithstanding subd. 2 of this section, the City shall establish and impose a Delay SJR-163902 t0 MU210-14 169-d vi/11'd SIN 01EILM HAM ! AHNNN-Mi O2:91 66-Bi-20 Penalty for unreasonable delays in Right-of-way excavation. Obstruction. Patching, or Restoration. The Delay Penalty shall be established from time to time by City Council resolution. Subd. 4. permit Display_ Permits issued under this Chapter shall work site and conspicuously 2usl displayed ed or otherwise available at all times at the indicated in<pection by the Director. g 1p 09 PERM T APPLICATIONS: Application for a permit is made. to the Director. Right Permit applications shall contain, and will be considered comFlete only upon � compliance with the requirements of the fobowing provisions: (a) Registration with the Director pursuant to this Chapter: (b) Submission of a completed permit application form. including all required attachments, and scaled drawings showing the location attd area of the proposed projv:t and the location of all known existing and proposed Facilities. (c) payment of money due the City for (1) pertnit fees, estimated Restoration Costs and other Management Costs, (2) prior Obstructions or Excavations: (3) any undisputed or obstructions of the righte suffered by s-of-way a or any Emergency e City because of Applicant's prior excavations actions taken by the City: (4) franchise fees or other charges, if applicable. (e) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the director deems the existing construction performance bond inadequate under applicable standards. 910,10: ISSUANCE OF PERMIT; CONDITIONS: Subd. 1. permit issuance: If the Applicant has satisfied the requirements of this Chapter, the Director shall issue a permit. Subd. 2. Conditions: The Director may impose reasonable conditions upon the issuance of the permit and the performance of the Applicant theteunder to protect thy: health, safety and welfare or when necessary to protect the Right -of -Way and its current use. SJR-163902 MU210-t d 11 169-d K/il'd 91E-1 OlOM+ N3045 ! AUNNN-W"i 1E:91 66-Bi-10 910.11, PERMIT ]FEES Subd. 1. Fee Schedule and Fee Allocation: The city's permit fee schedule shill be available to the public and cstabliched in advance. The permit fees shall be designed to recover the City's actual costs incurred in managing the right-of-way atld shall be based on an allocation among all users of the right -of way. including the city. Subd. 2. Excavation Permit Fee: The city shall establish an Excavation Perrr,it Fee in an amount sufficient to recover the following costs: (a) the City Management Costs; (b) Degradation Costs. if applicable. Subd. 3. Obstruction Permit Fee: The city shall establish the Obstruction Pe:-mit Fee a" shall be in an amount sufficient to recover the City Management Cost:;. Subd. 4. Payment of Permit Fees: No Excavation Permit Orr ObstructionThe city eri-nit shall may allow be issued without payment of Excavation or Obstructionfees. Applicant to pay such fees within thirty (30) days of billing. Subd. 5. Non refundable: Permit fees that were ai ref r a pet that the Di rector has revoked for a breach as stated in Section 1.21 are noable- Subd. 6. Application to ftanchises: Unless otherwise ed se agreed from and franchise. on roar ee may be charged Par the franchise fees imposed on a right-of-way user in the franchise. 910.12: RIGHT-OF-WAY PATCMNG AND'RESTORATION: Subd. I. Timing: The work to be done under the Excavation Permit, and the. Patching and Restoration of the Flight -of -Way as required berein, must be completE:d within the dates specified in the permit. increased by as many attee or when work was prohibited asays as work could not be done of circumstances beyond the control of the Perm unseasonal or unreasonable under Section 1.15. ity may Subd. 2. Patch and Restoration: Permittee snail tPhet�i its h own work. The -off way or to R C ors the Right af- se either to have the � ft restore g Way itself. (a) City Restoration: If the City restores the Right -of -Way, Permittee :;hall pay the costs thereof within thirty (30) days of billing. If, following such Restoration the avtye went settles due to Pennittee s improper backfilling. the Permittee shall pay ithin thirty (30) days of billing, all costs associated with having to correct the defective work. 5JR-1639R2 12 MU710-1d 09-d tZ/6l'd 916-1 Ol OM+ N300 V 403NNU-Mi 12:91 66-82-20 (b) perrnittee Restoration: -of-may it If the Permittee Restores the Right, elf. it shall at the time of application for an Excavation Permit post a 7819.3000. Construction perfortnance Bond in accordance with the provisiotis of Mitmesota Rules (c) Degradation Fee in Lieu of Restoration: in liewc etigthhe ri ht of- ay user shal gremain way user may elect to pay a degradation fee. Ho g responsible for patching and the degradation fee shall rot include the cost to accomplish these responsibilities. Subd. 3. Standards: The Permittee shall perforin Patching and Restoration according to the standards and with the materials specified bye Director ve the authority shall l comply withe manner th Minnesota Rule 7819.1100. The Director shall and extent of the Restoration, and may do so in written procedures of general application or on a case -by -case basis. Subd. 4. Duty to Correct Defects: The Petmittee shall correct e ec t in atc hi from the stng. or o a ton performed by permittee or its agents. Pernvtt o p ll correct all restoration Work to the extent necessary, using' the daoyds of the receipt of the uircdby the Director. Said work shall be completed notice from the Director. not including days during Which work cannot be done because of circumstances constituting force majenre or days when work is prohibited as unseasonal or unreasonable under Section 1.15. Subd. 5. Failure to Restore: If the Permittee fails to or fails to satisfactorily re the �ind ire LY in the y inner and to the condition required by the Director, complete all Restoration required by the Director, the Director hin at its (3p) days of billing, may do such work. In that event the Permittee shall pay to the City, the cost of Restoring the Right-of-way. If Permittee fails to pay as required, the City may exercise its rights under the Construction Performance Bond. 910.13: JOINT APPLICATIONS: Subd. 1. Joint Application: Registrants may jointly apply for permits to Excavate or Obstruct the Right-of-way at the same place and time. Subd. 2. Shared Fees: Registrants who apply for permits for the same Obstjvcti o the excavation, which the Director tPerform,Fee- In der f obtain a j it joint permregistrants must obstruction g r Excavation P p P and indicate the same on their agree anion themselves as to the portion each will ay applications VR-ib3902 MV2io-IA 13 169-d q tIA 9i£-i 01E62££+ NBAM 7 AOHNNU-Woji ti:91 Be-Bi-20 Subd. 3. with City Projects: Registrants who join in a scheduled Obstractiori or excavation performed by the Director, whether or not it is a joint application by two or more Registrants or a single application, are not required to pay the Excavation or Obstruction and Degradation portions of the permit fee, but a permit would still be meeived 910.14: SUPPLEMENTARY APPLICATIONS: Subd. 1. Limitation on Area: A Right -of -Way Permit is valid only for the area of the Right -of - Way specified in the permit. No Permittee may do any work outside the area specified in the permit, except as provided herein. Any Permittee which determine,; that an area greater than that specified in the permit must be Obstructed or Excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. Subd 2. Limitation on dates: A Right -of -Way Permit is valid only for the dz.tes specified in the permit. No Permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a Permittee does not finish the work by the permit End date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. this Supplementary Application must be submitted before the permit end date. 910.15, OTHER OBLIGATIONS: Subd. 1. Compliance With Other Laws: Obtaining a Right -of -Way Permit does not relieve Permittee of its duty to obtain all other necessary permits. licenses. and authority and to pay all fees required by the City or other applicable rule, law or regulation. A Permittee shall comply with all requirements of local. state and federal laws, including Minn. Stat. § 216D.01-.09 (One Call Excavation Notice System). A Permittee shall perform all work in conformance with Al applicable codes and established rules and regulations. and is responsible for all work done in the Right -of -Way pursuant to its permit. regardless of who does the work. Subd. 2. prohibited Work: Except in an Emergency, e04 gr with the approval of the Director. no Right -of --way Obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. Interference with Right -of -Way: A Permittee shall clot so Obstruct a Right -of -Way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. private vehicles of those doing work in the ltigbt-of-Nay may not be parked within or next to a permit area, unless parked its conformance with ri the ,, parking regulations. The loading or unloading of trucks must be donsolel defined permit area unless specifically authorized by the permit. 910.16: DENIAL OF PERMIT: The Director may deny a permit for failure to meet the requirements and conditions of this Chapter or if the Director determines that the denial is ,qSR-163942 1d MU2to-la 1e9-1 rZ/91'd M-1 MORE+ N3049 ! d03NNB-Woad ZZ:9l se-8Z-10 necessary to protect the health, safety. and welfare or when necessary to protect the Right -of - Way and its current use. 910.17: INSTALLATION REWREMENT : The of ca tshai backld iBin)ne n Patching and Restoration, and all other Work performed to theg conformance with Minnesota Rules 7819.1100 and otherae applicable local oc l rand 237 irements, in so far as they are not inconsistent With the Minnesota Statutes, S 910,18: INSPECTION: Subd. 1. Notice of Completion: when the Work under any permit hereunder is completed, the permittee shall furnish a Completion Certificate in accordance Minnesota Rules 7819.1300. Subd. 2. Site Inspcction: Permittee shall make the work -site available to the Director execution all others as authorized by law for inspection at all reasonable times during and upon completion of the Work. Subd 3. Authority of Director: the Director ma order the imrrlediate ce,satior of any wotk (a) At the time of inspectiort� y which poses a serious threat to the life, health_ safety or well-being of the public. (b) The Director may issue an order � the Pa ttee for arty work wcable standards, cond'ttionoseorcodes- not conform to the terms of the perms i?1? The order shall state that failure to correct the violation will Permittee shall present proof permit. Within ten (10) days after issuance of the order.been to the Director that the violation has been corrected. f such_ pursuant to f has nSection rented within the required time. the Director may re the permit 910.19, CORK DONE WITHOUT A PERMIT: Subd. 1. Emergency Situations: Each Registrarlt51derc to be shaU danately notify Emerget�cy� The Registrant may e Director of any event regarding its Facilities, Which it con nd to the Emergency. within two proceed to take whatever actions are necessary to respo business days after the occurrence of the Emergency d etshallfill the f the for the necessary permits, pay the fees associated the o compliance with this Chapter for the actions it requirements necessary to bring itself int took in response to the Emergency. If the Director becomes aware of an Emergency regarding a Rig � &WOO A sentati•,e of each Registrant Facilities, the Director Will attempt to contact the Local Repro e� affected, or potentially affected, by the Emergency. necessary to respond to the direr emW take whatever action 44eem hr. Emergency, SJR•1G3902 15 MU2i0-1d leg-d tit/91'd 916-i OIOM+ HAVE I AOHNNN-Wald BZ:91 86-OZ-10 shall be borne by the Registrant Whose Facilitic"' occasioned the 1.metgencY. Subd.2. Non -Emergency Situations: Except in an EmergencY• any person who, without first having obtained the necessary permit, Obstruct,. or Excavates a Right -oaf --Way must subsequently obtain a permit. and as a penalty pay double the normal ice for said permit, te Director pay double all the other fees required by thou pil hatit of -Way and cornPlyve Code. deposit whwith all of the the fees necessary to correct any damage g requirements, of this Chapter. g10.20: SUPPLEMENTARY NOTIFICATION: If the Obstruction cr Excavation of the Rilater or ends sooner than the date given on the permit. Permittee shall ght-of--way begins notify the Director of the accurate information as soon as this information is (cnoWn. M.21: REVOCATION OF PF-R IITS: 5ubd. 1. Substantial Breach: The City reserves its here i provided substantial al bre ash f the t rm�: revoke any Right -of -Way Permit. without a fee refund, lation. or any nfia�e�� condition of and conditions of any statute, ordinance. role or regu the permit. A substantial breach by Permittee shall include, but shall lot be limited to, the following: (a) The violation of any material provision of the Right -of -Way Perm 't; (b) An evasion or attempt to evade any material provision of the Right-of-waY Permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the ('ity or its citizen"': (c) Any material mt.�representation of fact in the application for a Right -of -Way Permit: (d) The failure to complete the Work in ork is due to ruealsotl b�eY� d the Pelon is tmittee's obtained of unless the failure to complete control, or (e) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an Order issued pursuant to Section 5ubd. 2. Written Notice of Breach: If the Director determines. that the Permittee has committed a substantial breach of a term or condition of any statute. ordinance, rule, regulation any condition of the permit the Director shall make a written demand upon the Permittee to remedy such violation. The demand shall state that continued violation"' may be cause for revocation of the permit. A substantial breach, as stated above, will allow the Director, at his or her discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. Subd. 3. Response to Notice of Breach: Within twenty-four (24) hours of receiving t the Director. of the breach. Permittee shall provide the Director with a plan, acceptable SJR-163902 16 MU210-id 189-d VZ/ll'd 91€-1 Ol€Bl€€t MAV89 ! AUNNU-word €Z:91 BB-BZ-lO that Will cure the breach. Permittec's failure to so contact the Director, or the Pettnittee's failure to submit an acceptable plan, or Permittee's failure to reasombl-y implement the approved plan, shall be cause for immediate revocation of the permit. Further, ..o submit an Permittee's failure to co contact the Director. the yPermittee's the approved an, shall lure acceptable plan, or Permittee's failure automatically place the pertnittee on Probation for one (1) year. Subd. 4. Cause for Probation: From time to time, the Director may establish a list of conditions of the permit, which if breached will automatically place the Permittee on Probation for one full year. such as, but not limited to, Working out of the allotted time period or working on Right -of -Way grossly outside of the perHt authorization. Subd. 5. Automatic Revocation: If a Permittee. while on Probation, commits a breach as outlined above. Permittee's permit will automatically be revoked and Permittee will not be allowed further permits for one year, except for Emergency repairs. rse Subd. 6. Reimbursement of City Costs: if a permit iS� � lion coed, the s 5 and the costs ermittee shall of callecso tuon and City for the City s reasonable coats, includitzg reasonable attorneys' fees incurred in connection with such revocation - 910.22: MAPPING DATA: Subd. 1. Information Required: Each Registrant and Permittee shall provide Mapping information required by the Director in accordance with Minnesota Rules 7s 19.A000 and 7819A100. 910.23: LOCATION AND RELOCATION OF FACILITIES: Subd- 1. pjaeefaeat anamt Unless otherwise agreed in a franchise between the applicable right -or -way ttuedr and the City, Facilities in the right-of-way must be locatedQfth Code relocated and math underground to accordance with Chapter 11 Subd- 2. Corridors: The Director may assign specific corridors within the Right-of-way, or any particular segment thereof as may be necessary. for each type of Facilities that is or, pursuant to current technology, the Director expects will someday be located within the Right-of-way. All excavation, obstruction, or other permits issued by the Director involving the installation or replacement of Facilities shall designate the proper for the Facilities at issue. y Y r_the Direct )r sh b An det��•e��Eab}�ied �e�4l;ion o F'ncili � y ��►e��s-tee SIR.16x902 17 MU210-IA 18H WSW 'd 91E-1 OIE82EE+ 143AVa9 V AHNNU-WOJd W 91 86-62-10 Limitation of Space: T'o protect health, safety, and welfare or when necessary er of prohibit protect the Right -of --Way and its current use, the Directoshall.tRight � Way 1n or limit the placement of new or additional 'Facilities e to_ ommo making such decisions, the Director shall strive to theshall be cxtent.o guided primarily by date all ssibl existing and potential users of the Right-of-way, but considerations of the public interest, the public's needs i h respect toicular ess� ntia11uh1ztis `the the condition of the Right-of-way, the tim�L-p f �a �d �� City plans for Public protection of existing Facilities in the Rig Y• improvements and development proiects which have been determined to be in the public interest. 910.2a: PRE -EXCAVATION FACILITY ANDFA FACILITIES LOCATION'. Minn. tee€ 216D.01-.09 (,,Onc Call Excavation Notice Systcrri') beer e� -eneauaW-Shall Any Registrant whose Facilities 3s = less than twenty (20) inches below a concrete or a exact Vocation of its h notify and work closely with the or excavation.tractor to establish th Facilities and the best procedure When the Director does work in the 910.25: DAMAGE TO OTHER FACILITIES: or move a Re str�.nt's Facilities to Right-of-way and finds it necessary to maintain, support. protect it, the Director shall notify the Local Representative as early as is twisotiably possible a .The costs associated therewith will be billed to that Registrant and must be aid within thirty (30) days froe for m the date of billing- which it or its Facil trant `ties dam ges. `Each P an Facilities in the tight -of -Way, the cost of repairing y damage to the Facilities of another Registrant shall be responsible for the cost of repairing any g Registrant caused during the City's response to an Emergency occasioned by that Registrant's Facilities_ 910.26: RIGHT-OF-WAY VACATION: if the City vacates aRight-of way, which ant. the registrant's rights in the vacated right-of-way are contains the Facilities of a Registr governed by l &ivneqota Rule 7819.3200. SIR-163902 1s MU210-IA 169-1 K/61'd 91E-1 MORE+ N304D i AUNUA-WOJi YN1 BB-BZ-10 Charles S. Whiting. City 0erk/A1aministrator ApmovED AS TO FORM' Robert C. Long, City Attorney This redlined draft, generated by CompareRite (TM) - The lnctant Redliner. s'lows the differences between - original documentument •902.03 C �W NDOWS3TEMP\0163902.05 and revised d CompareRite found 48 change(s) in the text Deletions appear as Overstrike text Additions appear a.,, Bold-s-Dbl Underline text Slk-163902 MU210-1a 20 189-d K/12*d 91E-1 MOLEP N3049 ! AGNUM-Wold 9Z:91 BB-Bi-10 SAMPLE LANGUAGE FOR UNDETtGROUNDING ORDINANCE (The text would be incertcd into a new Chapter 911 it the City Code.) The following is a sample, comprehensive approach to utidergrounding of 'Facilities. purpose. The purpose of this section is to promote tveT etn� safety of way,l(0 Lion-tre welfare of the public and is intended to foster (i) safe travel o alid related safety around homes and buildings were overhead d installfeeds ation and "e nstallatilon of orderly development in the city. Location and reloc Facilities in the tight -of -way must be tnade in accordance with this section• Definitions. The terms used in this section have the meanings given them. Commission. Commission" tneans the Minnesota Public Utilitie.; Commission. Fgcility. FacilitY" "tneans tangible asset in the public right-of-"vay required to to the provide utility service. The term does not include Facilities ril t sots St t extent:tctiotat on an , relocation of such Facilities are preempted by hFacility does not mean governing utility facility placement in state trunk highways. electric transmission lines, as distinguished from electric distribution lines.. Public right-of-waY. "public right-of-way" has the racani ag given it in Minnesota Statutes. section 237.162_ subdivision 3. Right-of-wuY user. "Right-of-way uter means 237.162, subdivision 4n ;or (2) a of -way user as defined by Minnesota Statutes. Sectzded to be person owning or controlling a facility, in the tight - of - under atws used fraticb ot a ornorditiance used for providing utility service, and who has a rig to use the public right-of-way. " means and includes: (1) service provided by a Utility service. "Utility service public utility as defined in Minnesota Statutes, Section 16B.02, transpsio"s a d6 voice or services of a telecommunications right-of-way user, ln g thedata information; (3) services provided by a cable cotnrntica on gasoryqelectric energydefined of in Minnesota Statutes, Section 238.02, subdivision 3 government unit-, (5) services provided telecommunications service, provided by a local g by a cooperative electric association organized under Minnesota Statutes, chapter 30$A; and (6) water, sewer, steam, cooling or heating services. Utidergrounding of Facilities. Facilities placed in the public right -of --way must be located, relocated and tnaintained underground pursuantrnctiondstandards. e terms n This sect on tions of this section and in accordance with applicable cons lating right-of-way intended to be enforced consistently with state and federal law reguS SJP-164129 MV210-Id I89-d tZ/ZZ'd 9IE-1 OIBBZEP UAW T AUNND-Wojd 9Z:91 88-BZ-lO to users, specifically including but not limited d 2l 6B 36 land Statutes, the Teiecc� tmtnunications 237.162, 237.163, 300.03. 222.37, 238.08dn Act of 1996, Title 47. USC Section 253. 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 stiuctures: (b) a new subdivision of land: or (c) a new development or industrial park containing new ; ommercial or industrial buildings. Undergrounding of Permanent Replacement, Rca fed o Rec a facilityof tr C�a 30li feet A permanent replacement, relocation or reconstruction must be located. and maintained underground. with due regard for seasonal Working conditions. For purposes of this section, reconstruction means atiy substantial repair of or any improvement to existing Facilities. Undcrgroutiding is required whether a replacement, relocation or reconstruction is initiated by the light -of -Way user owning or operating the Facilities, or by the city in connection with (1) the present of 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. Retirement of Overhead Facilities. The city council may determine whether it is in the public interest that all Facilities within the city. underground within certain districts certain designated by the city. be permanently placed and maintainpursuant sections -----(new Facilities) date, independently of undergrounding required and -----(replacement Facilities) of this Code. The dcciswritten notto ice to the und mutilities preceded by a public hearing, after published notice and ' affected. (Two weeks published: 30 days written.) At the hearing the council must consider item (1) — (4) in section of has, der hearing and notde and make e e, adopted a plan may not take place until city council of this Code_ containing items (1) — (6) of section - Public Hearings. A hearing must be open to the public and may be cone inued 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 trict shall ali be located underground by a sue of whether Facilities in the right-of- way in the city, or located within a certain d s rEd under sections date certain. Hearings are not necessary for the undergtounding required and of the City Code - Public Heariisg Issues. not limited to: sip-16a129 MVZ1O•ta The issues to be addressed at the public hearings include but are M-d WEi'd 91E-1 OIEB1EE+ WYND ! A03NUM-W"i 9i:91 BB-BZ-20 (1) The costs and benefits to the public of requiring the undergtounding of all Facilities in the right-of-way (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 undergtounding 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. Undergroutnding PI". 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 cost itiririust establishlilde at least�a plan for such undergrounding. The plan for undergrounding m 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 endure 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 undergrounding costs, and a determination and Verification of the claimed additional costs to underground incurred by the utility. ({) Penalties or other remedies for failure to cnmply with the undergrounding. SM-164 29 MU210-14 189-4 tZ/W d 918-1 91E81EE+ HAYND Z AHNO-WO11 lZ:91 88-BZ-10