HomeMy WebLinkAboutCC PACKET 05111999 Meeting Sheet
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Folder: CC PACKETS 1999-2001
Document: CC PACKET 05111999
• CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING AGENDA
May 11, 1999
7:00 PM
Council Chambers
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. APPROVAL OF MAY 11 , 1999 CITY COUNCIL REGULAR MEETING
AGENDA.
IV. APPROVAL OF APRIL 27, 1999 CITY COUNCIL REGULAR MEETING
MINUTES.
V. LICENSES/PERMITS/PETITIONS.
VI. PRESENTATION OF CLAIMS.
• A. Storm Water Analysis/Projects:
1 . WSB & Associates, Inc. -
a. $15,040.76.
b. $1 ,887.74.
c. $43.00.
d. $399.50.
e. $345.00.
f. $206.00.
B. 1999 Street Project:
1 . WSB & Associates, Inc. -. $1 ,161 .00.
C. Legal Services:
1 . Dorsey & Whitney -
a. ,52,911 .55.
b. $985.00.
C. $681 .50.
D. Water Filtration Plant Repair:
1 . SEH/RCM -
a. $962.93.
b. $1 ,220.75.
E. Verified.
® VII. REPORTS.
A. Councilmembers.
Page 2
•
1 . Resolution presented by Councilmember Marks, re: Sister City
Program (will be distributed at the meeting).
B. Mayor.
C. City Manager.
VIII. PUBLIC HEARINGS - None.
IX. NEW BUSINESS.
A. Resolution 99-036, re: Authorize debt analysis study.
B. Resolution 99-037, re: Support for acquisition of abandoned Burlington
Northern Railroad corridor.
C. Ordinance 1999-003, re: Moratorium on the Salvation Army Camp
property (waive 1" and 2"d readings and adopt).
D. Resolution 99-038, re: Authorize appraisal of Salvation Army Camp
property. .
E. Resolution 99-039, re: Memorandum of Understanding with ISD #282
relating to the 1999 local election.
F. Resolution 99-040, re: Approve proposal for alley improvements.
G. Ordinance 1999-004, re: Right-of-ways (1St reading).
X. UNFINISHED BUSINESS - None. •
XI. ADJOURNMENT.
1 CITY OF ST. ANTHONY
2
REGULAR CITY COUNCIL MEETING
4 APRIL 27, 1999
5
6
7 I. CALL TO.ORDER/PLEDGE OF ALLEGIANCE.
8 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor
9 Ranallo.
10
11 H. ROLL CALL.
12 Councilmembers present: Ranallo, Marks,Faust, Cavanaugh, and Thuesen.
13 Councilmembers absent: None.
14 Also present: City Manager Mike Morrison.
15 -
16
17 III. APPROVAL OF April 27, 1999 REGULAR COUNCIL MEETING AGENDA.
18 Motion by Marks, second by Faust to approve the April 27, 1999 Regular City Council Meeting
19 Agenda with the following addition:
20
21 VII. Reports, before Councilmembers Reports, Presentation by Diana Roadfeldt.
22
23 Motion carried unanimously.
*5 IV. APPROVAL OF APRIL 13, 1999 REGULAR CITY COUNCIL MEETING MINUTES.
26 Motion by Marks, second by Cavanaugh to approve the April 13, 1999'Regular City Council
27 Meeting Minutes as presented.
28
29 Motion carried unanimously.
30
31 V. LICENSES/PERMITS/PETITIONS.
32 Motion by Marks, second by Faust to approve the following licenses:
33
34 General Contractors License:
35 Tom Walek Construction, St. Anthony, MN/working at 3604 Maplewood Drive
36
37 Garbaize Haulers License: (Renewal)
38 Walters Recycling & Refuse, Circle Pines, MN
39
40 Heating License:
41 PRS Mechanical Inc., Mpls, MN/working at 2801 W. Armour Terrace
42
43 Motion carried unanimously.
44
V 6VI. PRESENTATION OF CLAIMS.
Motion by Marks, second by Thuesen to approve the following claims:
47
City Council Meeting Minutes
April 27, 1999
Page 2 •
1 A. Water Tower Park Project:
2 1: BRW, Inc. in the amount of$12,429.15 for professional services rendered from
3 February 6, 1999 through March 5, 1999 with regard to Central Park playground
4 field survey and park design.
5 B. Police Squad Car:
6 1. Superior Ford in the amount of$20,216.00 for new squad car.
7 C. 2 pages of Verified Claims as presented by the Finance Director.
8
9 Motion carried unanimously.
10
11 VII. REPORTS.
12 Ranallo stated that Diana Roadfeldt wished to make a presentation and invited her to address the
13 Council. Diana Roadfeldt, 2924 Rankin Road, stated she has been a resident of the City for 9
14 years, and has been a member of the Community Services Advisory Council for 8 years, for
15 which she currently serves as its representative on the Parks Commission. She expressed her
16 support of the Council, Commissions and City staff, adding she is supportive of the City in
17 general.
18
19 Ms. Roadfeldt stated that the City is faced with some wonderful opportunities, such as the sale of
20 St. Anthony Shopping Center, the sale of the Salvation Army camp, and a potential new
21 developer at Apache Plaza, which are immediate and important.' She expressed concern that the
22 City has a lot of work to do in the area of economic development, and recommended the City
23 hire an Economic Developer.
24
25 Ms. Roadfeldt stated she had contacted 6 other Cities in the metropolitan.area, and she spoke
26 with a City Planner in Shoreview who lives in St. Anthony who indicated that redevelopment
27 funds are currently available to first ring suburbs and the City is in a good position to take
28 advantage of these funds.
29
30 Ms. Roadfeldt reviewed possible funding sources available to the City for economic
31 redevelopment, including the Liveable Communities Demonstration Account administered by
32 the Metropolitan Council as well as grants from the Minnesota Trade and Economic
33 Development Commission and the Minnesota Housing Finance Agency. She added she believes
34 a committed, knowledgeable Staff person could work directly with developers to provide
35 consistency on various projects and sell the City.
36
37 Ms. Roadfeldt stated she believes this same consistency would not be achieved by hiring various
38 consultants to work on different projects. She added the Council could decide to hire an
39 Economic Developer for a few years, and the position need not be permanent.
40
City Council Meeting Minutes
April 27, 1999
. Page 3
1 Thuesen asked whether an Economic Developer could be effective in dealing with the developers
2 of St.Anthony Shopping Center and Apache Plaza since both are privately owned. Ms.
3 Roadfeldt stated that an Economic Developer would work directly with these businesses-to sell
4 the City, promote a clear message of what the City wants, and develop a relationship over time.
5
6 Marks stated that how the Council has approached this issue is not well-known, and the City's
7 Housing and Redevelopment Authority, on which the Councilmembers serve as Commissioners,
8 has responsibility for redevelopment within the City. He added City Manager Mike.Mornson is
9 the Executive Director of that organization and carries out the City's redevelopment function.
10
11 Marks asked what percentage of Momson's time is spent on redevelopment. Morrison stated it
12 varies dependent upon.the number of projects and level of activity, but on average he spends
13 25%of his time on redevelopment. Marks asked whether, in Mornson's opinion, an Economic
14 Developer on staff would do what Mornson does not currently have time to do.
15
16 Mornson expressed reservations with regard to hiring an Economic Developer as he doesn't see a
17 need for such a position. He stated that the main areas for development, St. Anthony Shopping
Center and Apache Plaza are retail which are the most difficult areas to redevelop due to
visibility, market issues and landlord/tenant issues. He expressed concern that an Economic
20 Developer on staff would not be any more effective than current Staff primarily because the
21 majority of issues that are slowing development down are outside the City's control.
22
23. Mornson agreed that there are a lot of grants available which the City has not had time to pursue
24 and this has not been a recent priority as projects must be identified and grants are income
25 sensitive, and the City does not qualify for some of the grants because the City's income levels
26 are too high.
27
28 Ranallo corrected Ms. Roadfeldt with regard to the Salvation Army camp which is not officially
29 for sale and a decision has not been made that it will be sold. He added that the camp owners are
30 sensitive to such incorrect statements. Ms. Roadfeldt stated she had heard on the radio and read
31 in the newspaper that the camp was for sale, and expressed concern that the City must be
32 proactive. Ranallo stated a lot of information is floating around but the sale has not been
33 confirmed.
34
35 Marks expressed his thanks to Ms. Roadfeldt for her research and information on possible
36 funding sources for redevelopment. Ms. Roadfeldt stated that the Roseville City Planner was
37 aware that some grants are income sensitive and didn't think that would be a problem for the
38 City.
4FA. Councilmembers.
City Council Meeting Minutes
April 27, 1999
Page 4 •
1 Marks reported that the Sister City Committee-organized Finnish dance group visit in June will
2 include an orientation by Barry,Kinsey on June 16, 1999 from 4:00-5:00 PM. He added he will
3 not be available to attend and asked whether Ranallo could be present to say some words of
4 welcome to the group. Ranallo stated the League of Minnesota Cities Conference takes place
5 that week.
6
7 Marks stated that a tour of City Hall might be a nice addition to the orientation. He extended an
8 invitation to the Community Picnic to all interested residents.
9
10 Marks stated that a Finlandia Foundation grant has been awarded in support of the art exchange
11 scheduled for next year. He added that a representative from the Salo Art Commission will be
12 coming with the dance group so details can be worked out in advance.
13
14 Marks stated the next phase of the teacher exchange will take place by next Spring during which
15 a Finnish teacher will come to St. Anthony. He added there is lots of activity in the Sister City
16 relationship, and encouraged interested residents to get involved.
17
18 Faust reported on his attendance at the ACTION intergenerational dialogue on April 17, 1999
19 which was enlightening. He added the elected officials in attendance did not do the talking and '
20 expressed his appreciation of that.
21
22 Faust reported on his attendance at the April 20, 1999 meeting of the Planning Commission for
23 which he is the new Council liaison. He expressed his sense that the relationship is well-received
24 and accepted, as well as long overdue. He stated he believes the relationship will be
25 advantageous on.both sides.
27 Faust congratulated Dale Gunderson who was named Villager of the Year at the annual Chamber
28 of Commerce Dinner.
29
30 Faust reported on his attendance at the April,26, 1999 brainstorming session which was well-
31 attended by stakeholders within the community in reference to the impending sale of the
32 Salvation Army camp. He added that some good ideas were expressed and a good understanding
33 was shared by all attendees.
34
35 Faust noted that Spring Clean-Up Day will.take place Saturday,May 1, 1999, adding this is an
36 excellent opportunity to get rid of garbage and help beautify the City. He stated he has worked
37 on this effort for years both on the Planning Commission and Council, and commended Public
38 Works Director Jay Hartman and his staff for their hard work. He encouraged residents to come
39 out and dispose of their unwanted trash in an ecologically responsible manner.
40
City Council Meeting Minutes
April 27, 1999
. Page 5
1 Thuesen reported on his attendance at the ACTION intergenerational dialogue at which there was
2 a good representation from all age groups with the possible exception of college age residents.
3 He stated that many good ideas were brainstormed, and there was the potential from this initial
4 session that some positive things will be implemented.
5
6 Cavanaugh reported on his attendance at the Chamber of Commerce's annual meeting at which
7 Berger Transfer was named Business of the Year. He recalled their participation in the Honduras
8 food and clothing drive for which they deserve recognition.
9
10 Cavanaugh added his congratulations to Villager of the Year Dale Gunderson with whom he has
11 worked on the ACTION Board of Directors. He stated this is a well-deserved honor.
12
13 Cavanaugh reported on his attendance at the Hennepin County Prevention Forum on"Cops,
14 Kids, Booze and Summer", adding an the forum's emphasis was on community compliance with
15 liquor checks. He expressed concern that the City get its policy on liquor checks in order as this
16 is a top priority in many communities.
17
Cavanaugh stated he will attend an upcoming St. Anthony Chemical Health Coalition meeting.
20 Cavanaugh reported on his attendance at the Minnesota Center for Neighborhoods meeting on
21 April 21, 1999.at which neighborhood Y2K compliance was discussed. He added presentations
22 were given by Minneapolis and St.Paul, and expressed his concern that the Crimewatch structure
23 in Minneapolis is not working and neighborhoods are having a hard time sharing information,
24 while St. Paul's neighborhood organization is excellent.
25
26 Cavanaugh stated that a VillageFest organizational meeting will be held Monday May 10, 1999
27 at 7:30 PM, and encouraged interested residents to join in the planning.
28
29 Cavanaugh reported that the ACTION intergenerational dialogue was an interesting and unique
30 experience which included a panel discussion consisting of various generations. He stated the
31 dialogue resulted in 149 recommendations for the improvement of the quality of life in the City
32 which reflects the enthusiasm of the group. He added the next dialogue will take place Monday
33 May 3, 1999 from 7:00-8:30 PM in the Community Center to prioritize recommendations and
34 discuss steps towards implementation.
35
36 B. Mayor.
37 Ranallo reported that the Cable Commission has been discussing various purchase offers of
38 MediaOne which may result in rate increases for residents. He added that he will keep the
9 Council updated.
0
City Council Meeting Minutes
April 27, 1999
Page 6 •
1 Ranallo stated that he and Mornson met recently with City Administrators from Falcon Heights
2 and Lauderdale to discuss the police contract, adding the meeting was a good one with
3 administrators expressing that the Police Department does a great job for them. He added that
4 emergency situations were a topic of discussion to determine coordination of efforts in case of
5 disaster. He expressed his appreciation of Police Chief Dick Engstrom's hard work and excellent
6 hiring efforts.
7 , .
8 Ranallo stated that the Volunteer Dinner will be held Friday, April 30, 1999 and encouraged all
9 volunteers to attend.
10
11 C. City Manager.
12 Mornson reviewed the proposed park dedication ordinance which he recommended that the
13 Council defer to the Planning Commission for their review and commence readings in June.
14
15 Cavanaugh asked whether this ordinance would apply to Apache Plaza. Mr. Mornson stated that
16 some cities do not include commercial property in this ordinance, but that could be discussed.
17
18 Mornson reviewed the proposed right of way ordinance which has been under discussion for a
19 few years, and recommended that readings commence in May. '
20
21 Mornson stated that he will attend a meeting with Hennepin County, Minneapolis and Roseville
22 to be held Wednesday, April 28, 1999 to discuss possible purchase of the abandoned railroad
23 property off Highway 88'. He added that a proposal will be discussed under which 4-5 public
24 agencies led by Hennepin County would purchase that property for future use as light rail or
25 trails.
26
27 Marks stated that he spoke recently with Hennepin County Commissioner Mark Stengline who
28 indicated that the County has a strong interest in this potential purchase.
29
30 Mornson stated that Richard Krier,RLK Kuusisto, had presented his work towards a proposed
31 land use plan for the St.Anthony Shopping Center to the Planning Commission at their April 20,
32 1999.,meeting. He added a public hearing on the land use plan may not be scheduled before the
33 Commission until the end of June as such a decision might be burdensome to the 3 new
34 Commissioners at their first meeting.
35
36 Mornson stated that a bill pertaining to property tax and tax increment bills being proposed
37 before the State legislature will have negative impact on the City, and will limit the ability of
38 residents to petition for reverse levy increase. He stressed the importance of expressing the
39 City's concern over this issue to legislators.
40 '
City Council Meeting Minutes
April 27, 1999
. Page 7
1 Momson summarized the Salvation Army camp brainstorming session held April 26, 1999 at
.2 which 20-25 individuals and a hired facilitator broke into small groups and went through
3 exercises to determine possible land uses and sources of funding. He stated that the group's
4 consensus was that the land should be reserved for open space or possibly a combination of
5 corporate headquarters and open space. He added that the facilitator will compile the results of
6 the meeting for presentation at the May 18, 1999 Chamber of Commerce meeting.
7
8 Mornson stated that the Salvation Army camp focus group comprised of School Board members
9 and Councilmembers has met 5-6 times to discuss strategy and how to proceed. He added that
10 this group continues to meet regularly.
11
12 Cavanaugh asked whether the audit report would be distributed to Councilmembers. Momson
13 confirmed the report will be distributed this week.
14
15 Cavanaugh asked whether the liquor operation profitability study requested at a recent
16 worksession had been prepared. Mornson stated he did not recall such a request but would look
17 into it.
Cavanaugh asked whether roofing material would be accepted at the Spring Clean-Up Day.
20 Public Works Director Jay Hartman confirmed this.
21
22 Cavanaugh asked whether the letter from the Sports Boosters to the Council which was presented
23 at a recent Parks Commission meeting was forthcoming. Mornson stated he is unsure. Thuesen
24 stated that the subject was discussed at a recent Community Services Board meeting and a letter
25 would be forwarded to the Council.
26
27 Cavanaugh asked whether City staff could provide information on the legislative reverse
28 referendum for the budget worksession. Faust stated the Minnesota Taxpayers Association has
29 such documentation which would be more accurate, and added he would fax it to Mr. Momson.
30
31 Cavanaugh asked whether Councilmembers would be required to make any remarks at the
32 appreciation dinner. Ranallo stated he will say some welcoming and closing remarks and
33 introduce the speaker.
34
35 Cavanaugh stated that the City should move forward with discussing options for collaborative.
36 funding for possible purchase of the Salvation Army camp on the assumption that it is for sale.
37
38 Cavanaugh stated that purchase of the property by a non-profit group would not be beneficial to
the City, and other funding resources in the metropolitan area should be approached so the City
can make a viable offer with collaborators. He stressed the importance of assuming that the
#41 property is for sale and pursuing funding options.
City Council Meeting Minutes
April 27, 1999
Page 8 '
1 Ranallo stated that the ad hoc committee will review the facilitator's comments and move
2 forward from there. Momson stated that the City will lose control of the property if other entities
3 are included in the purchase, and the committee made a_strategic decision to get stakeholder's
4 input before presenting a proposal to the Council. Faust stated great strides have been made
5 through the ad hoc committee and brainstorming session toward determining what is best for the
6 community.
7
8 Cavanaugh reiterated the importance of proceeding on the premise that the property is for sale.
9 Ranallo stated the camp owners have indicated it is not currently for sale and such statements are
10 incorrect.
11
12 Cavanaugh referred to a liability letter from Roselle Drive residents, and asked for clarification
13 as to how Councilmembers should respond. Mornson stated that WSB would be responding to
14 the letter and negotiations have been on-going.
15
16 VIII. PUBLIC.HEARINGS-None.
17
18 IX. NEW BUSINESS.
19 A., Resolution 99-035, re: Award bid for GAC Water Filtration Plant repairs.
20 Ranallo welcomed Richard Potz, SEH-RCM, and invited,him to address the Council. Mr. Potz
21 presented a bid tabulation for maintenance work at the GAC Water Filtration Plant. He added
22 that the project was bid in 2 phases: interior painting and coating work(Contract B) and exterior
23 excavation and drain tile work(Contract A).
24
25 Mr. Potz stated that 5 bids were received for Contract A and recommended the bid be awarded to
26 the low bidder which was Jay Brothers Construction. He added that 6 bids were received for
27 Contract B and recommended that the bid be awarded to the low bidder which was Magney
28 Construction. He confirmed that Protouch Painting's bid for Contract B was erroneous and he
29 requested they be released from their bid and bid bond.
30
31 Motion by Marks, second by Faust to approve Resolution 99-035, awarding the bid for
32 maintenance work at the G.A.C. Water Filtration Plant.
33
34 Motion carried unanimously.
35
36 Motion by Marks, second by Thuesen to release Protouch Painting from their bid and bid bond.
37
38 Motion carried unanimously.
39
40
41
City Council Meeting Minutes
April 27, 1.999
Page 9
1 B. Appointment to the Planning Commission.
2 Ranallo.stated.the Council had interviewed 5 candidates for the 3 Planning Commission
3 openings.
4
5 Motion by Faust, second by Marks to approve appointment to the Planning Commission of
6 Christopher Melsha, Lorin Hatch and Kim Tillmann with the longest term to Melsha, second
7 longest term to Hatch and shortest term to Tillmann.
8
9 Motion carried unanimously.
10
11 X. ADJOURNMENT.
12 Motion by Marks, second by Thuesen to adjourn the meeting at 8:10 P.M.
13
14 Motion carried unanimously.
15
16 Respectfully submitted,
17
Mary Mullen
TimeSaver Off Site Secretarial, Inc.
20
21
22
23 Mayor
24
25
26
27 ATTEST:
28 City Clerk
29
Saint Anthony Village
• DATE May 11, 1999 Approval:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Approval
General Contractors License:
Dorglass Inc., Plymouth, MN/working at 3804 Highcrest Road
Sign-A-Rama, Roseville, MN/working at the Middle School
Minnesota Sign Company, Inc., Cambridge, MN/working--at 4001 Stinson Blvd
Northeast Tree & Timber, Mpls., MN. (Renewal)
Garbage Haulers License: (Renewal)
BFI of North America, Inc./Inver Grove Heights, MN
Heating Licenses:
Midland Heating & Air Conditioning, Inc., Richfield, MN. / working at
3101'Edward St
A BA.Miaelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
8441 Wayzata.Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W.Sterna,P.E.
Ronald B.Bray,P.E.
612-541-4800 April 19, 1999
Associates, Inc. FAX 541-1700
Invoice No: 01065.31-0000006
City of St.Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
Silver Point Park& Central Park Storm Water Improvements
Construction
Professional Services: March 1, 1999 through March 31, 1999
Professional Personnel
Hours Rate Amount
General
Zevenbergen, Carol 2.00 46.00 92.00
Project Management/Coordination
Hubmer, Todd 22.50 69.00 1,552.50
Willenbring, Peter 1.00 93.00 93.00
Drawings/Layouts
Cartony, Timothy 2.00 51.50 103.00
Meetings
Hubmer, Todd 7.0.0 69.00 483.00
Research/Data Collection
Benner, John 1.00 51.50 51.50
Construction Observation - Engineer
Hubmer, Todd 3.00 69.00 207.00
Swentek III, Joseph 15.50 46.00 713.00
Totals 54.00 3,295.00
Total Labor 3,295.00
Consultants
STS Consultants Ltd
03/22/99 STS Consultants LTD. Invoice No. 990199 506.40
Total Consultants 506.40 506.40
Reimbursable Expense
Photography
04/05/99 Photo Fast Invoice No. 817750 13.36
Total Reimbursables 13.36 13.36
Unit Billing
2-Person Survey Crew
24.0 Hours @ 96.50 2,316.00
Construction Observation
162.0 Hours @ 55.00 8,910.00
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Planners
l
Project: 01065.31 STAN -Slvr Pnt Prk&Cntrl Prk SW Impry
Total Units 11,226.00 11,226.00
Total this invoice $15,040.76
Comments:
Approved by:
Principal: Peter Willenbring
Project Manager:Todd Hubmer
Page 2
BA.Mirtelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
8441 Wayzata Boulevard Peter R Willenbring,P.E.
Minneapolis, MN 55426 Donald W Sterna,PE.
. Ronald B. Bray,P.E.
612-541-4800
&Associates, Inc. FAX 541-1700 April 19, 1999
Invoice No: 01065.40-0000006
City of St. Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
Harding Street Public Involvement& Preliminary Design
Professional.Services: March 1, 1999 through March 31, 1999
Professional Personnel
Hours Rate Amount
Public Info Meetings
. Willenbring, Peter 12.00 93.00 1,116.00
Public Involvement
Hubmer,Todd 4.00 69.00 276.00
Council Meetings
Hubmer,Todd 6.00 69.00 414.00
Totals 22.00 1,806:00
Total Labor 1,806.00
. Reimbursable Expense
Photography
04/05/99 Photo Fast Invoice No. 814539 72.21
03/08/99 Photo Fast Invoice No. 814334 9.53
Total Reimbursables 81.74 81.74
Total this invoice $1,887.74
Comments:
Approved by: -�
Principal: Peter Willenbring
Project Manager: Todd Hubmer
Minneapolis St . C l o u d
Infrastructure Engineers Planners
r7nT TAT nnnnv-r1 TATTTV rnanT.nvFQ
- BA.Mittelsteadt,P.E.
350 Westwood Lake Office. Bret A.Weiss,P.E.
8441 Wayzata Boulevard Peter n Wi .Sterna,P.E.
Minneapolis, MN.55426 Donald W.Sterna,P.E.
. Ronald B.Bray,P.E.
612-541-4800
&Associates, Inc. FAX 541-1700 April 19, 1999
Invoice No: 01065.16-0000006
City of St.Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
1/1 Study
Professional Services: March 1, 1999 through March 31, 1999
Professional Personnel
Hours Rate Amount
Report/Feasibility Study,
Janski, Charles 0.50 86.00 43.00
Totals 0.50 43.00
Total Labor 43.00
. Total this invoice $43.00
Comments:
Approved by:
Principal: Peter Willenbring
Project Manager: Charles Janski
Minneapolis St . Cloud
Infrastructure Engineers Planners
A BA.Mittelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
lyss 8441 Wayzata Boulevard Peter R W.Sterna,P.E.
Minneapolis, MN 55426 Donald W.Sterna,P.E.
Ronald B. Bray,P.E.
612-541-4800
&Associates, Inc. FAX 541-1700 April 19, 1999
Invoice No: 01065.15-0000005
City of St.Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
DNR& FEMA Grant Administration
Professional Services: March 1, 1999 through March 31, 1999
Professional Personnel
Hours Rate Amount
Project Management/Coordination
Hubmer, Todd 5.50 69.00 379.50
Easements
Marshall, Nancy 0.50 40.00 20.00
Totals 6.00 399.50
Total Labor 399.50
Total this invoice $399.50
Comments:
Approved by:
Principal: Peter Willenbring
Project Manager: Todd Hubmer
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Planners
rnrrAT r-%nn %T)-rYrlTT-rVrkfntnVro
A BA.Mittelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
B 8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W Sterna,P.E.
Ronald B.Bray,P.E.
612-541-4800
&Associates, Inc. FAX 541-1700 April 19, 1999
Invoice No: 01065.35-0000002
City of St. Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
1999 Flood Proofing Grant Program
Professional Services: March 1, 1999 through March 31, 1999
Professional Personnel
Hours Rate Amount
Project Management/Coordination
Hubmer, Todd 5.00 69.00 345.00
Totals 5.00 345.00
Total Labor 345.00
Total this invoice $345.00
Comments:
Approved by:
Principal: Peter Willenbring
Project Manager: Todd Hubmer
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Planners
- BA.Mittelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
8Mi Wayzata Boulevard Peter R. d W..Enna,P.E.
Minneapolis, MN 55426 Donald W.Scerna,P.E.
Ronald B.Bray,P.E.
612-541-4800
&Associates, Inc. FAX 541-1700 April 19, 1999
Invoice No: 01065.41-0000005
City of St. Anthony
Attn Michael Morrison
3301 Silver Lake Road
St Anthony MN 55418-1699
Storm Water Feasibility Study
Professional Services: March 1, 1999 through March 31, 1999
Professional Personnel
Hours Rate Amount
Drawings/Layouts
Steuernagel, Michael 1.50 51.50 77.25
Research/Data Collection
Doyle, Charity 2.50 51.50 128.75
Totals 4.00 206.00
Total Labor 206.00
Billing Limits Current Prior To-date
Total Billings 206.00 9,557.50 9,763.50
Limit 9,800.00
Remaining 36.50
Total this invoice $206.00
Comments:
Approved by:
Principal: Peter Willenbring
Project Manager:Todd.Hubmer
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Planners
- BA.Mittelsteadt,P.E.
350 Westwood.Lake Office Bret A.Weiss,P.E.
8441 Wayzata Boulevard 6 Peter R vP►llen Sterna,P.E.
Minneapolis, MN 55426 Donald W.Sterna,P.E.
. Ronald B.Bray,P.E.
612-541-4800
&Associates, Inc. FAX 541-1700 April 19, 1999
Invoice No: 01065.23-0000002
City of St. Anthony
Attn Michael Momson
3301 Silver Lake Road
St Anthony MN 55418-1699
1999 Street, Utility, and Stormwater Improvement
Construction Services
Professional Services: March 1, 1999 through March 31, 1999
Professional Personnel
Hours Rate Amount
General
Erichson, Mark 6.00 55.50 333.00
Project Management/Coordination
Hubmer, Todd 12.00 69.00 828.00
Totals 18:00 1,161.00
Total Labor 1,161.00
Total this invoice $1,161.00
Comments:
Approved by:
Principal: Peter Willenbring
Project Manager:Todd Hubmer
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Planners
DO.RSEY & WHITNEY LLP
. P.O.BOX 1680
MINNEAPOLIS,MINNESOTA 55480-1680
(612)340-2600.
(Tax Identification No.41-0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
City of St. Anthony, Minnesota April 30 , 1999
Attn: Mr. Michael J. Mornson Invoice No. 687991
3301 Silver Lake Road
St. Anthony MN. 55418
For Legal Services Rendered Through 03/31/99
Client-Matter No: 178820-00143
Re: $425, 000 General Obligation Improvement
Bonds, Series 1999A
City of St. Anthony, Minnesota
. For legal services rendered in connection with the issuance
of the above Bonds including preparation of a resolution
authorizing the issuance and awarding the sale of the Bonds
and various closing papers ; conferences, correspondence ,
research and telephone calls regarding the issuance of the
above Bonds; and preparation of and rendering of legal
opinion
Total for Legal Fees $2 , 800 . 00
Disbursements and Service Charges
Messenger Charges 85 . 80
Long Distance Telephone Charges . 29
Photocopy Charges 25 . 46
Total for Disbursements and Service Charges $111 . 55
Total This Invoice $2 ,911 . 55
Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and Is available
upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
PAYMENT DUE UPON RECEIPT
DORSEY & WHITNEY LLP
P.O.BOX 1680
NIINNEAPOLIS,MINNESOTA 55480-1680
(612)340-2600
(Tax Identification No.41-0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
City of St . Anthony, Minnesota April 30, 1999
Attn: Mr. Michael J. Mornson Invoice No. 689116
3301 Silver Lake Road
St . Anthony MN. 55418
For Legal Services Rendered Through 03/31/99
Client-Matter No: 178820-00142
Storm Water Improvements
Telephone conferences regarding condemnation
issues; review materials for 3/23 Council
meeting on selection of alternatives; revise
resolution and attachments; review file
regarding flooding; redraft resolution to
select flood mitigation alternative; letter to
M. Mornson; review files and prepare for
meeting.
Total for Legal Fees $985 . 00
Total This Invoice $985 . 00
Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and Is available
upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
PAYMENT DUE UPON RECEIPT
DO.RSEY & WHITNEY LLP
P.O.BOX 1680
MINNEAPOLIS,MINNESOTA 55480-1680
(612)340-2600
(Tax Identification No.41-0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
City of St. Anthony, Minnesota April 30, 1999
Attn: Mr. Michael J. Mornson Invoice No. 688999
3301 Silver -Lake Road
St. Anthony MN. 55418
For Legal Services Rendered Through 03/31/99
Client-Matter No: 178820-00047
General
Harding Street Ponding Project $ 200 . 00
Attendance at Council Meeting on 03/23/99 $ 345 . 00
. Review agenda materials and minutes;
discussions with City Manager $ 135.. 00
Total for Legal Fees $680 . 00
Plus Disbursements Per Attached $ 1 . 50
Total This Invoice $681 . 50
Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and Is available
upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
PAYMENT DUE UPON RECEIPT
S �� M 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9100 612.912.2600 612.912.2601 FAX
S architecture engineering environmental transportation
April 27; 1999
Invoice No. 53556
Project No. A000010491.04
CITY OF ST. ANTHONY
3301 SILVER LAKE ROAD
ST. ANTHONY, MN. 55418
ATTN: ROGER LARSON
For: WTP REPAIR - GAC FILTER PLANT
PLANS AND SPECIFICATIONS
Professional Services for the period ending March 31, 1999
----------------------------------------------------------
Professional Personnel
Hours Amount
ENGR TECH/DESIGN 10.0
SECRETARY 1.7
Totals 11.7 962 .93
Total Labor 962 .93
TOTAL NOW DUE &PAYABLE. . . . . $ 962 .93
Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer
We help you plan,design,and achieve.
t1 '�� 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9100 612.912.2600 612.912.2601 FAX
EM
architecture engineering environmental transportation
E
April 27, 1999
Invoice No. 53555
Project No. A000010491. 05
CITY OF ST. ANTHONY
3301 SILVER LAKE ROAD
ST. ANTHONY,. MN. 55418
ATTN: ROGER LARSON
For: WATER TREATMENT PLANT REPAIR GAC FILTER
CONST ADMIN, BIDDING & INSPECTION
Professional Services for the period ending March 31, 1999
-----------=----------------------------------------------
Professional Personnel
Hours Amount
CIVIL ENGINEER 0.5
ENGR TECH/DESIGN 11.5
SECRETARY 2 .7
Totals 14.7 1,220.75
Total Labor 1,220.75
TOTAL NOW DUE & PAYABLE. . . . .. $ 1,220.75
Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer
We help you plan,design,and achieve.
#RC FINANCIAL SYSTEM ST. ANTHONY VILLF
5/05/99 08:31 Check Register GL540R-VO4.40 PAGE
HANK VENDOR CHECK# DATE AMOUNT
FIRS FIRSTAR ST. ANTHONY CHECKING
008216 A T & T WIRELESS SERVICE 9392 .0.5/12/99 103.01
008227 AIRTOUCH CELLULAR, BELLE 9393 05/12/99 945.31
000120 AMERI PRIDE 9394 05/12/99 15.00
008450 ANIMAL CONTROL SERVICES, 73 9085 05/12/99 119.00
008497 AT&T 9396 05/12/99 3. 19
_ 007322 BERGER TRANSFER & STORAG 9397 05/12/99 121 .82
007157 BROCK WHITE COMPANY, .LLC 9398 05% 12/99 4,899.00
003714 BUILDING FASTENERS 9399 05/12/99 12.35
008242 BUSINESS RECORDS CORP. 9400 05/12/99 31 ,509.09
.. 007386 CASTLE INSPECTION SERVIC 9401 05/12/99 4,092. 10
000685 COAST TO COAST. 9402 05/12/99 136.23
004101 COMMERS 9403 05/12/99 71 .89
004107 COMPTON 'S COMMERCIAL CLN 9404, 05/12/99 3,834.00
007334 CONNELLY INDUST. ELECTRO 9405 05/12/99 418.85
007371 DISCOUNT STEEL, INC . 9406 05/12/99 . 48.'16
0.01411 DON HARSTAD CO. , INC . 9407 05/12/99 68.00
005048 DPC INDUSTRIES INC 9408 05/12/99 620.70
000860 ENGSTROM/RICHARD 9409 05/12/99 406.43
008496 EVERGREEN LAND SERVICES 9410 05/12/99 1,429.80
001025 G $ K SERVICES 9411 05/12/99 . 39.26
001030 G $ K SERVICES _ 9412 05/12/99 . 266.52
001145 GLENWOOD INGLEWOOD 9413 05/12/99 36.04
008127 GRAFIX SHOPPE 9414 05/12/99 265.00
001250 GRAINGER INC/W W 9415 05/12/99 44. 11.
001420 HAWKINS WATER TREATMENT 9416 05/12/99 113..97
008365 HENNEPIN COUNTY TREASURE 9417 05/12/9.9 977.74
008375 HENNE_P_IN 'COUNTY TREASURE 9418 05/12/99 - 260.75
008490 KIRSCHBAUM/ANNETTE 9419 05/12/99 10.00
000742 KROEPLIN/CONNIE 9420 05/12/99 61 .45
.00001 LARSON/AMY 9421 05/12/99 120.00
001980 LEAGUE OF MN CITIES 9422 05/12/99 40.00
008160 LE2ENS/MARK 9423 05/12/99 37.36
002040 LILLIE SUBURBAN NEWSPAPE 9424 05/12/99 131 .61
008491 LINCOLN EQUIPMENT, INC. 9425 05/12/99 315. 10
008418 LMCIT %BERKLEY RISK. SVCS 9426 05/12/99 601 .50
008255 LUCENT TECHNOLOGIES 9427 .05/12/99 25.50
002130 MAMA 9428 05/12/99 16.00
002240 METRO COUNCIL ENVIRONMEN 9429 05/12/99 37,919.91
008467 MIDWAY FORD 9430 05/12/99 59.79
002280 MIDWEST ASPHALT CORP 9431 05/12/99 117.87
007359 MIDWEST COCA-COLA BOTTLI 9432 05/12/99 210.75
008269 MINNESOTA SHREDDING LLC 9433 05/12/99 57.00
_
.00001 MN DEPT QF PUPLIC SAFETY 9434 05/12/99 277.45
007076 MOODY 'S INVESTORS SERVIC 9435 05/12/99 3,250.00
005235 MOTOROLA INC 9436 05/12/99 36.00
.00002 RESSER/JAMES 9437 05/12/99 50.00
008282 NETLINK INTERNATIONAL 9438 05/12/99 3,442.50
002630 NORTH STAR TURF INC 9439 05/12/99 914. 11
BRC FINANCIAL SYSTEM ST. ANTHONY VILLF
05/05/99 08:31 Check Register GL540R-VO4.40 . PA
BANK VENDOR CHECK# DATE AMOUNT
FIRS FIRSTAR ST. ANTHONY CHECKING
002680 NORTHERN STATES POWER 9440 05/12/99 1 ,334.60
008350 NORTHERN TOOL & EQUIPMEN 9441 05/12/99 34.07
.00003 NORTHSTAR CHAPTER 9442 05/12/99 25.00
000045 OFFICE DEPOT 9443 05/12/99 291 .41
005168 OHL/JOHN 9444 05/12/99 198.48
008498 PETERSON/FILL 9445 05/12/99 10.00
008499 PIONEER RIM AND WHEEL CO .944605/12/99 39.93
007057 PRAXAIR 9447 05/12/99 17.83
_ 008462 RAMSEY COUNTY 9448 05/12/99 5,565. 15
008503 REDWOOD SIGNS 9449 05/12/99 2,311 .00
002380 RELIANT ENERGY MINNEGASC 9450 .05/12/99 3,674. 18
008370 RIVERLAND COMMUNITY COLL 9451 05/12/99 200.00
007364 ROGNESS 'EQUIPMENT COMPAN 9452 05/12/99 15.72
008487 ROSE . BURNS CATERING 9453 05/12/99 -- 1 ,724.60
003315 SERCO ,LABORATORIES 9454 05/12/99 . 285.00
003350 SHORT ELLIOT HENDRICKSON 9455 05/12/99 809.76
008483 SKP 9456 05/12/99 24.00
.00004 SOMMER/.RALPH W. 9457 05/12/99 50.00
001810 ST. ANTHONY VILLAGE KIWA 9458 05/12/99 291- .00
003490 STREICHER 'S 9459 05/12/99 408.9
008202 TIMESAVER OFF. SITE SECRE 9460 -05/12/99 197..
008501 TOWMASTER, INC . 9461 05/12/99 81 .2
003560 TRACY PRINTING 9462 05/12/99 2,043.05
008372 U S_W_E_ST INTERACT SERVIC 9463 05/12/99 65.00
008010 UNIFORMS UNLIMITED 9464 .05/ 12/99 133.02
008270 UNITED STATES POSTAL 'SER 9465 05/12/99 500.00
002700_ US WEST COMMUNICATIONS 946605/12/99 67 .57 .
003710 VAN O - LITE INC 9467 05/12/99 16. 19
003700 VIKING INDUSTRIAL CENTER 9468 05/12/99 85.42
003720 W W GENERATOR. REBUILDE_R_S_ 9469 05/12/99 39.75
005298 WARNING LITES OF MN 9470 05/12/99 48.00
004494 WASTE MANAGEMENT - BLAIN 9471 05/12/99 391 .78
000830 ZEE MEDICAL SERVICE 9472 05%12/99 25.00
FIRSTAR ST. ANTHONY. CHECKING 119,555. 18
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAG!
- /20/-9-9-12 -______'-.-__ -Chec-k--Reg-i-ster----- GL_540R=VO4_,40-P-AGE _
ANK VENDOR CHECK# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
-------------0041-43------FIRST--CONCORD-FINANC-IAL----.---' -14662--04/-30)%99 45`7-.-54
008312 L.A_ KARAOKE 14663 04/30/99 150.00
003160 FIRSTAR ST ANTHONY BANK 14724 04/30/99 10,000.00
------0031.60--F I RS-TA R-S T-AN-T-HONY-BAN K- 1-472-5--C?4/-30. . 1 O-VOGO-00
008312 L.A KARAOKF_ 14726 04/30/99 150.00
008308 PERRY, LAWRENCE E. 14727 04/30/99 176.25
.--------00S485_-___0_46--SWING 4728-04-/-30/9s?- 0-00----
.00001 ST,: ' PAUL SAINTS 14729 04/30/99 280.00
.00001 ST. PAUL SAINTS 14730 04/30/99 280.00
--------00001-- S-T--.-PAUL--SAINTS- -4473.1-04/-30/99 2-80-r00 _
003160 FIRSTAR ST ANTHONY BANK 14732 04/30/99 12,241 .97
000670 CITY COUNTY CREDT UNION 14733 04/30/99 475.00
--------0000.5.5-.---.-AETNA -LIFE---&-CASUALTY--------------.14734--04/30/99 169 IA 004208 I C M A RETIREMENT TRUS 14735 04/30/99 290.00
008313 MN CHILD SUPPORT PYMT CE 14736 04/30/99 351 . 09
----------_000850.-------LMCIT---___._._.---- _.----147-38--04/-30_99 1-66-.32 _.
004318 NAT FINANCIAL INS CO 14739 04/30/99 9.50
003160 FIRSTAR ST ANTHONY BANK 14740 04/30/99 10,000.00
. 003160 --- - - -FIRSTAR .ST ANTHONY-..BANK--------___-_._14741-.04/30./--9-9-----__1.0,-000--00------ .
008485 '46 SWING 14742 04/30/99 40.00
008312 L.A KARAOKF_ 14743 04/30/99 150.00
_
00.83.08_--_...._.PERRY., .__LAWRENCE.--E._______-_._________. 1.47.4-4_._0.4/-30- 25
004385 QUALITY WINE CO 14745 04/30/99 2,256.09
005306 SPRINGSTED, INC . 14746 04/30/99 760.00
004039. ._ ._. BONNIWELL/STUART__. J--___.-_._ ________-__ 14747--04/_30/9-9 3,500_-O.O
004380 PUBLIC EMPLOYEE RETIREME 14748 04/30/99 1 ,613. 10
003160 FIRSTAR ST ANTHONY BANK 14796 04/30/99 10,000.00
0031.60._ .....__FIRSTAR_.ST.. ANTHON.Y BAI\IK.--...._-----.---_____14.7.97.-04/_30-/-9-9 -1.0-,_0-0-0_-O.C)
008312 L.A KARAOKE 14798 04/30/99 150.00
008308 PERRY, LAWRENCE E. 14799 04/30/99 176.25
..._008485_...._ .. ..'._46 SWING
003160 FIRSTAR ST ANTHONY BANK 14801 04/30/99 11 ,881 .03
000670 CITY COUNTY CREDT UNION 14802 04/30/99 475.00
_._.________000_055.-__._ -.AETNA.-LIFE-.&-._CASUALTY_.-..-..-_---.14803-_04./_3O 9 1.1;9_14 -
004208 I C M A RETIREMENT TRUS 14804 04/30/99 290.00 .
008313 MN CHILD SUPPORT PYMT CE 14805 04/30/99 359.75
004380 PUBLIC -EMPLOYEE._.RE.TIREME_.__.__.____.___._14806'_0.4/,30./-,wL 1,59.3._58____..
004498 UNUM LIFE INSURANCE COMP 14807 04/30/99 31 . 10
004365 MEDICA CHOICE 14808 04/30/99 2,745.69
I\ICPERS--LIFE .INSURAI\ICE_-.._-_ -_-_-1.48.09._04/-30./99 1
MEDICA CHOICE 14810 04/30/99 195. 16
003160 FIRSTAR ST ANTHONY BANK 14811 04/30/99 17,000.00
008312._- - ._L.A. KARAOKE --. -..-----..._._...--..-----.-- 14813-04/3G/99 15.0;.0-0- _
008308 PERRY, LAWRENCE E. 14814 04/30/99 176.25
008485 '46 SWING 14815 04/30/99 40.00
. 003160.__-.. _.FI.RSTAR_ST. .ANTHONY BANK-_--__.-____-.14816_.04/_30./99
004498 UNUM LIFE INSURANCE COMP 14817 04/30/99 3.40
LIQUOR CHECKING ACCOUNT.- ---___-._ .____-- -- _ . . . . ---------._-... 11.8,_7.38.7-4-__*#-*
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE
074799-08_f_3 e c , R e g 1-s-I e r - , GE_—j
ANK VENDOR CHECK# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
_ 008216 RELESS-SERQrC E 48,
008311 ALL SAINTS BRANDS DISTRI 14820 05/12/99 375.60
004225 ALLIANT FOODSERVICE 14821 05/ 12/99 386.59
X040"��ALLTED-PAPERS E-4822 05712799 -
004030 ASCAP 14823 05/12/99 280.33
004293 BELLBOY CORP. 14824 05/12/99 300.54
004087 CITY-PAGES— (4825-057-1-0/V9 ,
008437 DIRECTV . 14826 05/12/99 44.98
004120 EAGLE WINE CO 14827 05/12/99 903.30
D�4T25--EAST-SIDE-BEVERAGE-C 828-35Tf27 8--
004130 ECOLAB 14829 05/12/99 149.05
004135 ELECTRO WATCHMAN INC 14830 05/12/99 239.63
--004-1-42 FOCUS-NEW 1483 i-D5-tr219
004141 FRITZ COMPANY, INC . 14832 05/.12/99 . . 4,644.60
001030 G & K SERVICES 14833 05/12/99 84.65
00',q1-75 GRIGGS-COOPER-&CO-IN 1-4834-05 5'975 E83 E83
004199 HARKER 'S DIST. , INC . 14835 05/12/99 102.24
004201 HEGGIES PIZZA 14836 05/12/99 95.25
----.--'00-4205-----HOME JUICE-C --1-4837-05712-t9 9 76.53
.00001 INTERNATIONAL CIGAR INC 14838 05/12/99 175.00
004220 JOHNSON BROS. LIQ. 14839 05/12/99 10,615.91
00-4218--JOHNSON-PAPER-&SUPPLY 14840-05/127'
008290 LPA RETAIL_ SYSTEMS, INC . 14841 05/12/99 1 ,555.00
004266 MARKET MECHANICAL 14842 05/12/99 1 , 188.93
--- -004271--_-- MEDIA-ONE-- - - 1-4843-057-r27,79 140.26
004269 METRO COMMERCIAL SERVICE 14844 05/12/99 118.50
004272 METZ BAKING CO 14845 05/12/99 87.54
- ___.-008137-------MURPHY'-S-SERVICE-CENTER----l-48476-057-T271179
004334 NORTHEASTER 14847 05/12/99 294.00
004345 OLD DUTCH FOODS INC 14848 05/12/99 44.88
-----004-35-4-----PAUSTIS`-&-.-SONS-------..--------1-4849-05-CI2799— 1;
004360 PHILLIPS WINE & SPIRITS 14850 05/12/99 2,468.29
004376 PRIOR WINE CO 14851 05/12/99 3,896.24.
-- -004385 QUALITY-WINE-CO 4852-05 .
002420 STAR TRIBUNE 14853 05/12/99 35.04
004450 STUART.. DISTRIBUTING CO 14854 05/12/99 8.25
004466 -SYSCO-MINNESOTA--- 14855-OS/rZ7L -9.
004468 TOTAL REGISTER SYSTEMS 14856 05/12/99 283.50
004494 WASTE MANAGEMENT - BLAIN 14857 05/12/99 327.43
004497---WEYERHAEUSER- —14 8 5 8-0 57-].fit
008310 WINE MERCHANTS INC 14859 05/12/99 909.73
004499 WORLD CLASS WINES, INC . 14860 05/12/99 1 ,460.38
------003840-------ZEP-MFG-COMPANY 486-1-051-
LIQUOR CHECKING ACCOUNT 100,732.60 #*
85 E.SEVENTH PLACE,SUITE 100
SAINT PAUL,MN 55101-2887
651-223-3000 FAX:6SI-223-3002
SPRINGSTED
Public Finance Advisors
April 15, 1999
Mr. Mike Mornson, City Manager
City o_f St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418-1699
Dear Mr. Mornson:
Please find enclosed for your review the final work plan that will result in a debt analysis for the
City of St. Anthony. Using this work plan as an outline, we propose to work with the City to
develop a debt plan that will benefit the City of St. Anthony.
The objective of this analysis is to study the impact identified capital improvements will have on
the City's legal debt limit and capacity. It will also review the impacts on the different categories
of taxpayers.
To gather the information necessary to complete this study, representatives of Springsted
Incorporated 'will need to work directly with the City and, if necessary, your consulting
engineers. We will need a list of defined projects and their proposed funding sources.
Feel free to call me at (651) 223-3047 if you have any questions. I look forward to working with
you on this project. Thank you for your consideration.
Yours truly,
Robert D. Thistle, Senior Vi a President
Manager of Client Development
smm
cc: Mr. David L. Wettergren, Consultant, Management Services
Enclosure
•
SAINT PAUL,MN MINNEAPOLIS,MN BROOKFIELD,WI OVERLAND PARK,KS WASHINGTON,DC DES MOINES,IA
ilantho7.ltr
SPRINGSTED
Public Finance Advisors
CITY OF ST. ANTHONY, MINNESOTA
DEBT ANALYSIS STUDY
Proposed Work Plan
Work Plan
Objective
To study the impact identified capital improvements will have on the City's legal debt limit and
capacity. It will also review the impacts on the different categories of taxpayers.
Tasks
• Meet with City staff to review background information and Study assumptions
Review debt policies, existing debt, and current assessment practices for capital
improvements
Incorporate previous TIF studies
• Review City Capital Improvement Plan, including Engineer cost estimates and time frames
Street projects, including,MSA funding
Flood mitigation projects
Salvation Army property purchase
r Park development
Others, as identified by the City
• Develop a debt plan for the City
Illustrate the City's debt capacity
Determine funding sources for capital improvements
Determine impact on City's legal debt limit
• Present tax impacts on different categories of property taxpayers
Outcomes
• Prepare a draft debt plan for the City's review and comment •'
\.stantho7.wkp
CITY OF ST. ANTHONY, MINNESOTA
DEBT ANALYSIS STUDY
Proposed Work Plan
• Incorporate the City's comments into the final plan
• Present the final plan
• Prepare 10 copies of the final plan for the City
Compensation
We propose to bill on an hourly basis; however, our fee for services, exclusive of any out-of-
pocket expenses such as travel and copying, will not exceed $7,850 without prier written
authorization of the City. The estimated time to complete the work is 10 weeks. Our standard
hourly fee table and estimated time schedule are shown below.
Estimated Time and Cost
City Street Financing and Debt Analysis
Time
Title Rate (Hrs.) Cost
Review Principal $150 2 $ 300
. Client Representative 125 6 750
Project Manager 125 48 6,000
Support Staff 40 20 800
Total 76 $7,850
- 2 - \.stantho7.wkp
CITY OF ST. ANTHONY
RESOLUTION 99-036
A RESOLUTION AUTHORIZING A DEBT ANALYSIS
STUDY FOR THE CITY OF ST. ANTHONY
WHEREAS, the St. Anthony City Council desires to have prepared a debt study analysis for
the City of St. Anthony with the objective of analyzing the impacts identified
capital improvements will have on the City's legal debt limit and capacity and
on the different categories of tax payers.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby authorizes Springsted, Public Finance Advisors, to perform the debt study analysis for
the City of St. Anthony at an estimated cost of$7,850.00.
• Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
CITY OF ST. ANTHONY
RESOLUTION 99-037
A RESOLUTION DECLARING SUPPORT FOR ACQUISITION
OF THE ABANDONED BURLINGTON NORTHERN AND SANTA FE
(BNSF) RAILROAD CORRIDOR THROUGH ROSEVILLE,
ST. ANTHONY, AND MINNEAPOLIS
WHEREAS, the Burlington Northern and Santa Fe (BNSF) Railroad Company owns a rail
line and corridor through the cities of Roseville, St. Anthony, and Minneapolis;
and
WHEREAS, the BNSF is proposing to abandon this rail line and corridor; and
WHEREAS, this rail line and corridor is not being currently used, nor has it been used for
railroad purposes during the past two years; and
WHEREAS, representatives from the cities of Minneapolis, Roseville, and St..Anthony have
met with representatives from the Minnesota Department of Transportation,
• Minnesota Department of Natural Resources, Ramsey County Regional Railroad
Authority, Hennepin County Regional Railroad Authority (HCRRA),
Minneapolis Parks and Recreation Board, and Ramsey County Parks.
Department to explore mutual interest in acquiring the abandoned BNSF
Railroad Corridor; and
WHEREAS, the above mentioned representatives have agreed to pursue acquisition of the
abandoned rail line for an ultimate transportation use with the possibility of an
interim recreation use; and
WHEREAS, the HCRRA has agreed to lead efforts to conduct an appraisal, a survey, an
environmental assessment, and a title search of the property as well as to
negotiate with the BNSF Railroad for the acquisition of the abandoned rail line;
and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby declares support for the acquisition of the currently unused BNSF rail line and corridor
through Roseville, St. Anthony, and Minneapolis for an ultimate transportation purpose with
the possibility of an interim recreation use; and
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the HCRRA,
Minnesota Department of Transportation, the Transportation Advisory Board, and the state and
• federal legislative delegations representing the three cities.
Page 2
Adopted this day of , 1999.
•
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
•
•
DORSEY & WHITNEY LLP
MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK
WASHINGTON.D.C. 220 SOUTH SIXTH STREET DENVER
LONDON MINNEAPOLIS, MINNESOTA 55402-1498 SEATTLE
BRUSSELS TELEPHONE: (612) 340-2600
PARCO
HONG KONG FAX: (612) 340-2868
BILLINGS
DES MOINES
ROCHESTER William R. Soth MISSOULA
(612) 340-2969
COSTA MESA Fax (612) 340-7800 GREAT PALLS
soth.william®dorseylaw.com
April 29, 1999
By Fax and Mail
Michael J. Mornson
City Manager
City of St.Anthony
3301 Silver Lake Road
St.Anthony,MN 55418
Re: Salvation Army Property/Moratorium
Dear Mike:
In accordance with our discussions,I have prepared and enclose a proposed
ordinance'for a moratorium with respect to the Salvation Army Camp property. Under
state law,if the City is conducting studies or has authorized a study to be conducted, to
consider adoption or amendment of its comprehensive plan or zoning ordinances, the
City may adopt a moratorium ordinance to restrict or prohibit use,development or
subdivision of property for a period not to exceed one year. The moratorium can be
extended for such additional periods as may be deemed appropriate,not to exceed a
total additional period of 18 months.
After you have had an opportunity to review the enclosed draft,would you
please let me know whether you have any questions or comments on it.
Very y ours,
William R. Soth
• WRS/ms
Enclosure
. CITY OF ST. ANTHONY
ORDINANCE.1999-0 0 3
AN ORDINANCE RELATING TO A MORATORIUM ON CHANGES
IN THE USE OF THE PROPERTY KNOWN AS THE SALVATION
ARMY CAMP.PROPERTY, AND ON THE ISSUANCE OF ANY NEW
BUILDING PERMITS OR OTHER PERMITS FOR SUCH PROPERTY;
AMENDING SECTION 1330.01 AND SECTION 1330.04, SUBD. 1 _
OF THE ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony, Minnesota, ordains:
Section 1. Section 1330.01 of the City Code is hereby amended to read in full as follows:
1330.01 Purpose. Pursuant to applicable Minnesota Statutes and pursuant to
authority and direction from the Council,the City will be conducting studies for
the purpose of considering amendment of its official controls, as defined in
Minnesota Statutes, Section 462.352, Subd. 15, to address the potential future use
or uses of the property in the City known as the Salvation Army Camp property.
The studies will consider what amendments of the City's Comprehensive Plan and
Zoning Ordinances may be appropriate to address the potential future use or uses
of the Salvation Army Camp property. It is possible that while amendments and
new official controls are being considered by the City, proposals and applications
could be made with respect to such property for rezoning, conditional use permits,
or permits for construction of buildings. Therefore, in order to protect the
planning process and the health, safety and welfare of the citizens of the City of
St. Anthony, it is necessary and desirable to impose the moratorium set forth in
Section 1330.04 pursuant to the authority granted by Minnesota Statutes, Section
462.355, Subd. 4.
Section 2. Section 1330.04, Subd. 1 of the City Code is hereby amended to read in full as
follows:
Subd. 1. Applications for Rezoning or Permits. .For a period of one year from the
effective date of this Ordinance (subject to earlier termination or extension by the
City Council)the City Council, Planning Commission, Building Official, Board
of Adjustments and Appeals, and City staff of the City of St. Anthony shall not
grant any permits or rezoning or other authorization for changes in use, or accept
any applications or requests.for changes in the use, for the property in the City
known as the Salvation Army Camp property, or for the construction of any
building, or addition to or alteration of any building, on said property, except as
provided in Subd. 2 of this Section.
r
Section 3. This ordinance shall be in effect as of the date of its publication. •
First Reading: Waived
Second Reading: Waived
Adopted: May 11, 1999
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
' ABITHE APPRAISAL BURSA U
• Consulting Valuation Engineers
5955 Golden Valley Road, Suite 201 -Minneapolis, Minnesota 55422
(612) 788-8673/Faz(612) 595-7127
April 8, 1999 .
Mr. Michael Mornson
City Manager
Village of'St. Anthony
3301 Silver Lake Road
St. Anthony,Minnesota 55418
Re: Appraisal of Salvation Army Property, St. Anthony,Minnesota
Dear Mr.Murnson:
We submit,herewith, our proposal for the Market Value Appraisal of the above referenced property. The
purpose-of the appraisal would be to estimate the most probable selling price for the property, if it were
exposed for sale on the open market. Such an estimate would reflect the property in its present condition,
anticipating a marketing time of one year or less.
We propose to submit to you a documented appraisal which would support our estimate and detail the
methods by which we arrived at that estimate.
The appraisal would include the following:
• L Inspection,survey and photographs of the site itself and any improvements that may have been made
to it.
2. Detailed analysis of the property and its value using the applicable approaches to market value.
3. Discussion of the analyses involved and the correlation and conclusions derived from them.
4. Various exhibits pertinent to the valuation,such as plat map,zoning map,zoning code,comparable
sales location map,etc.
5. The valuation of the parcel would consist of the following parts. Those parts would entail the following:
A valuation of the site and improvements as they presently sit. This valuation
would take the form of a study of the highest and best use of the property and
an estimate of the property's most probable selling price,based upon that highest
and best use.
Such a valuation would include the three standard approaches to value,namely
cost,income and market analysis, if its current use is determined to be its highest
and best use.
If the property's highest and best use is determined to be something other than its
current use,that use would be valued by any,and all,methods applicable to that
future use. Such a valuation would consist of a land study and a development cost
analysis,or discounted cash flow as it is sometimes called.
•
Mr.Michael Mornson
Page 2 •
April 8, 1999
We estimate that the fee for the preparation,field inspection,-comparable land market study,computation
of a discounted cash flow income analysis and the assembly of the value,estimate into a narrative
report,following the FIRREA and USPAP(Uniform Standards of Professional Appraisal Practice),-
would range from$5,000.00 to$7,000.00. This range anticapaties preparaping a full appraisal on a value
estimate based on less then subject's highest and best use,i.e.,park or public ownership. If studies show
the second valuation is not needed,or required,the fee estimate would be at the low end of the above range.
We would also estimate that the time required to complete the entire report,as outlined above,would be
approximately five(5)weeks from the time authorization is received to proceed.
We look forward to being of service to you and Village of St.Anthony again
Respectfully submitted,
THE APPRAISALBUREAU
Richard C.Erickson
President
Minnesota License No. 4001311
RCE/pb •
• CITY OF ST. ANTHONY
RESOLUTION 99-038
A RESOLUTION AUTHORIZING APPRAISAL OF THE
SALVATION ARMY CAMP PROPERTY IN THE
CITY OF ST. ANTHONY -
WHEREAS, the City of St. Anthony together with the St. Anthony/New Brighton School
District No. 282 are studying the feasibility of the possible purchase of the
Salvation Army Camp property which lies entirely within the City of St.
Anthony; and
WHEREAS, as a part of that study an appraisal of the property has been deemed necessary;
and
WHEREAS, three proposals for appraisal services were received and reviewed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby authorizes AB/The Appraisal Bureau to appraise the Salvation Army Camp property at
. a cost not to exceed $7,000.00.
BE IT FURTHER RESOLVED, that payment of the appraisal will be 50% the responsibility
of the City of St. Anthony and 50% the responsibility of the St. Anthony/New Brighton School
District No. 282.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
• CITY OF ST. ANTHONY AND ST. ANTHONY/
NEW BRIGHTON SCHOOL DISTRICT NO. 282
MEMORANDUM OF UNDERSTANDING
WHEREAS, the City of St. Anthony (the "City") and the St. Anthony/New Brighton
Independent School District No. 282 (ISD #282), desire to combine the elections
of the City Council and School Board and to hold said combined elections on the
first Tuesday after the. first Monday in November in odd numbered years; and
WHEREAS, to accomplish the combined elections and pursuant to Minnesota State Statutes,
Section 205A.04, the School Board of ISD #282 elected to hold its General
Elections to coincide with City Council General Elections on odd numbered
years.
NOW, THEREFORE, BE IT RESOLVED that:
1
1) the City Clerk will conduct all local General Elections,
2) City-owned voting equipment will be used;
3) for the 1999 ISD #282 School Board election, the School District will reimburse the
City 50% of the total non-fixed costs associated with the election. Future local
• elections will be negotiated when appropriate;
4) whenever there is an ISD #282 election without City items on the ballot, ISD #282 may
either conduct the election on its own or contract with the City for the services of the
City Clerk to conduct the Special Election in.the manner in which the combined local
General Elections are conducted;
5) the City will pay the full cost of any local General Elections for which ISD #282 has no
item on the ballot;
6) ISD #282 will hold harmless the City in the conduct of elections.
CITY OF ST. ANTHONY ST. ANTHONY/NEW BRIGHTON
INDEPENDENT SCHOOL DISTRICT
#282
Its MaQo r Its r a i r
its- �?'�+•, 111 a n a a P r Its nj V, 1C..
Date Date 412 01 q CI
•
CITY OF ST. ANTHONY
RESOLUTION 99-039
A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
WITH ST. ANTHONY/NEW BRIGHTON SCHOOL DISTRICT NO. 282
RELATING TO THE 1999 LOCAL ELECTION
BE IT RESOLVED, that the St. Anthony City Council hereby approves the Memorandum of
Understanding between the St. Anthony/New Brighton School District no. 282 stating the
conduct of the 1999 local election attached hereto.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
MEMORANDUM
Date: April 14, 1999
To: Mike Morrison, City Manager
From: Jay Hartman, Public Works Director
Re: Alley Reconstruction (Mill & Overlay)
In 1996 the Public Works Department along with Midwest Asphalt milled and overlayed a
number of alleys south of 29'h Avenue due to their overall poor condition. It was our intention to
• complete the five remaining alleys the following year. Because of the workload in 1997 and
1998 the alleys were not completed. I have received three proposals to complete this project.
The proposals range from $24,500 to $35,500. I recommend using 1998 budget reserves to fund
this project.
The proposals are as follows:
Midwest Asphalt $29,136.45
Northdale Construction $35,223.50
T.A. Schifsky & Sons $24,312.00
I recommend the bid from T.A. Schifsky in the amount of$24,312.00 to complete this project.
•
CITY OF ST. ANTHONY
RESOLUTION 99-040
A RESOLUTION APPROVING A PROPOSAL FOR
COMPLETION OF CERTAIN ALLEY IMPROVEMENTS
WHEREAS,: it was determined in 1996 that a number of alleys south of 29`h Avenue NE were
in poor condition; and
WHEREAS, work began on these alleys by the Public Works Department, but was halted due
to heavy workload in 1997 and 1998; and
WHEREAS, funding of this project can come from 1998 budget reserves; and
WHEREAS, proposals for the completion of this project have been received and reviewed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony
hereby approves the proposal of T. A. Schifsky & Sons of$24,312.00 for completion of alley
improvements to certain alleys south of 29`h Avenue NE, with funds for this project coming
from the 1998 budget reserves.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
STAFF REPORT
•To: Michael Morrison, City Manager
From: Kim Moore-Sykes, Management Assistant
Date: April 20, 1999
Subject: Proposed Right-of-Way Ordinance
In 1996, President Clinton signed the Telecommunications Deregulation Act of 1996,which
essentially eliminated some of the protections previously afforded to some telecom-
munications providers and opened up the competition arena to anyone who can provide
telecommunications services. This deregulation consequently has caused increasing demands
metro-wide for use of public rights-of-way, and that has resulted in more frequent
construction and disruption of rights-of-way to meet this demand.
The purpose of the proposed ordinance amendment is to give the City a uniform standard by
which the use of all rights-of-way within the City's jurisdiction can be managed and regulated.
This is especially important to St. Anthony because as one of the highest points in Hennepin
*County,telecommunication providers have been interested in utilizing the community's public
areas and rights-of-way to install equipment and other support facilities. The proposed
amendment also provides the City with the ability to exercise its authority to recover actual
costs associated with and incurred as the result of managing excavations and/or obstructions
of a right-of-way.
The proposed ordinance amendment is based on model ordinances as provided by Tom
Creighton of Bernick and Lifson, P.A., and the League of Minnesota Cities (LMC) and
conforms to the provisions of the telecommunications right-of-way legislation adopted-into _
law as Minn. Session Laws, 1997,Chapter 123. I received the attached copy of the fee
schedule document from LMC and is the culmination of work done by LMC and the City of
Bloomington. This document shows how the costs were computed and the suggested fees.
The City's proposed fee structure is based on the City of Bloomington's fee schedule.
A draft of the City's right-of-way ordinance with the proposed fee schedule has been
submitted to the City's attorney for his review and comment. The Public Works Director and
Licensing Clerk have also received copies for their review.
. CITY OF ST. ANTHONY
ORDINANCE 1999-004
AN ORDINANCE RELATING TO MANAGING AND REGULATING
PUBLIC RIGHT-OF-WAY IN THE PUBLIC INTEREST AND TO
PROVIDE FOR THE ISSUANCE AND REGULATION OF
RIGHT-OF-WAY PERMITS BY ADDING A NEW SECTION 1165
TO THE 1993 ST. ANTHONY CODE OF ORDINANCES
The City Council of the City of St. Anthony.hereby ordains:
Section 1. Section 1165 shall read in full as follows:
Section 1165 - RIGHT-OF-WAY MANAGEMENT
Section 1165.01. Findings and Purpose.
Subd. 1. General. In order to provide for the health, safety and well-being of its citizens,
as well as to insure the structural integrity of its streets and the use of the rights-of-way,the
City strives to keep its rights-of-way in a state of good repair and free from unnecessary
encumbrances. Although the general population bears the financial burden for the upkeep
. of the rights-of-way,a primary cause for the early and excessive deterioration of its rights-of-
way is their frequent excavation by persons whose equipment is located therein.
Right-of-way obstruction is a source of frustration for merchants, business owners and the
general population which must avoid theseoObstructions or change travel or shopping plans
because of them and has a detrimental effect on commerce. Persons whose equipment is
located within the right-of-way are the primary cause of these frequent obstructions.
The City holds the right-of-way within its geological boundaries as an asset in trust for its
citizens. The City and other public entities have invested millions of dollars in public funds
to build and maintain the right-of-way. The City recognizes that some persons,by placing
their equipment in the right-of-way and charging the citizens of the City for goods and
services delivered thereby, are using this public property for private gain and profit.
The Minnesota Legislature has recognized that it is in the public's interests that the use and
regulation of rights-of-way be carried on in a fair, efficient, competitively neutral, and
substantially uniform matter, while recognizing such regulation must reflect distinct
engineering, construction, operation, maintenance, and public and worker safety
requirements and standards applicable to various users of rights-of-way. Further, the
Legislature has determined that because increasing numbers of persons may seek usage of
rights-of-way,municipalities such as the City muse be and have been authorized to regulate
. use of rights-of-way. Consistent with this mandate, the City has endeavored to crate
competitively neutral right-of-way standards and regulations of general applicability.
In response to the foregoing, the City hereby enacts this new Section 1165 of this Code
relating to right-of-way permits and management, together with an ordinance making
necessary revisions to other Code provisions. This Section imposes fair, efficient,
competitively neutral, uniform, and reasonable regulations on the placement and
maintenance of equipment currently within its rights-of-way or to be placed therein.. This
Section, persons disturbing and,obstructing the rights-of-way will bear a fair share of the
financial responsibility for their integrity. Finally,this Section provides for recovery of out-
of-pocket and projected costs from persons using the rights-of-way.
Subd. 2. Legislative Power. By enactment of this Section,the Council hereby exercised
its lawful police power and common law,authority, and all statutory authority which is
available to it, including, but not limited to, the powers conferred on it under Minn. Stat.
2370162 and 237.163,while preserving all power and authority to further require franchises
from right-of-way users under Minn. Stat. 21613.36, 222.37, 300.03, and 412.11, and other
provisions of law.
Section 1165.02. Definitions. The following definitions apply in this Section of this Code,
(hereinafter, "this Section"). References hereafter to "Sections" are, unless otherwise specified,
references to Sections in this Code. Defined terms remain defined terms whether or not capitalized.
Subd. 1. Applicant. Any person requesting permission to excavate or obstruct a right-of-
way.
District. That portion of the City lying within and bounded b the '
Subd. 2. Business Dis p ty y g y
following streets: (insert your City definition here)
Subd. 3. Ci1y The City of St. Anthony Village, Minnesota, its elected officials, officers,
employees, agents or any other commission, committee or subdivision acting pursuant to
lawfully delegated authority.
Subd. 4. Ci , Cost. The actual costs incurred by the City for managing rights-of-way
including, but not limited to costs associated with registering of applicants; issuing,
processing, and verifying right-of-way permit applications;revoking right-of-way permits;
inspecting job sites; creating and updating mapping systems; determining the adequacy of
right-of-way restoration; restoring work inadequately performed; maintaining, supporting,
protecting, or moving user equipment during right-of-way work; budget analysis; record
keeping;legal assistance;systems analysis;and performing all of the other tasks required by
this chapter, including other costs the City may incur in managing the provisions of this
Character except as expressly prohibited by law,
Subd. 5. Ci , Inspector. Any person authorized by the City to carry out inspections related
to the provisions of this Chapter.
-2-
Subd.6. Degradation. The accelerated deprivation of the right-of-way 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 did not occur.
Subd. 7. Degradation Cost. .Money paid to the City to cover the cost associated with a
decrease in the useful life of a public right-of-way caused by excavation.
Subd. 8. Emergency. A condition that (1) poses a clear and immediate danger to life or -
health or of significant loss of property; or(2) requires immediate repair or replacement in
order to restore service to a customer.
Subd. 9. Equipment or Facilities. Any tangible thing located in any right-of-way but shall
not include boulevard plantings or gardens planted or maintained in the right-of-way between
a person's property and the street curb.
Subd. 10. Excavate. To dig into or in any way remove or physically disturb or penetrate any
part of right-of-way, except for horticultural practices of penetrating the boulevard area to
a depth of less than 12 inches.
Subd. 11. Excavation permit. 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 as described in such permit.
Subd. 12. Excavation permit fee. Money paid to the City by an applicant to cover the costs
as provided in Section 1165:12.
Subd. 13. In(when used in conjunction with right-of-way. Over, above, in, within, on, or
under a right-of-way.
Subd. 14. Local Representative. The 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 maters within the scope of this Section.
Subd. 15. Mapping Data. Information indicating the horizontal and vertical location of
equipment and facilities, relative to the boundaries of the.right-of-way.
Subd. 16. Obstruct. To place any tangible object in the right-of-way so as to hinder free and
open passage over that or any part of the right-of-way.
Subd. 17. Obstruction Permit. The permit which,pursuant to this Chapter,must be obtained
before a person may obstruct a right-of-way, allowing the holder to hinder free and open
passage over the specified portion of right-of-way by placing equipment described therein
on the right-of-way for the duration specified therein.
-3-
Subd. 18. Obstruction Permit Fee. Money paid to the City by a registrant to cover the costs '
as provided in Section 1165.12.
Subd. 19. Performance and Restoration Bond. A performance bond or letter of credit posted
to ensure the availability of sufficient funds to assure that all obligations pursuant to this
Chapter, including, but not limited to, right-of-way excavation and.obstruction work, is
timely and properly completed as defined by the approved excavation and/or obstruction
permit.
Subd. 20. Permit holder. Any person to whom a permit to excavate or obstruct a right-of-
way has been granted by the City under this Chapter.
Subd. 21. Person. Any natural or corporate person,business association, or other business
entity including,but not limited to,partnership,sole proprietorship,a political subdivision,
a public or private agency of any kind,utility,a successor or assign of any of the foregoing,
or any other legal entity which has or seeks to have equipment located in any right-of-way.
Subd. 22. Probation. The status of any person that has not complied with the conditions of
this Chapter.
Subd. 23. Probation Period. One year from the date that a:person has been notified in
writing that they have been put on probation.
Subd. 24. Registrant. Any person who.(1)has or seeks to have his/or equipment located in
any right-of-way,or(2)in any way occupies or uses,or seeks to occupy or use,the right-of-
way of any equipment located in the right-of-way, and, accordingly, is required to register
with the city.
Subd. 25. Restore or Restoration. The process by which an excavated or obstructed right-
of-way and surrounding area, including, but not limited to, pavement and foundation, is
returned to the same condition that existed before the commencement of excavation.
Subd. 26. Restoration Fee. An amount of money paid to the City by a permit holder to
cover the cost of restoration.
Subd. 27. Right-of-Wa. The area on,below,or above any real property in which the City
has an interest including, but not limited to any street, road, highway, alley, sidewalk,
parkway, trail, park, skyway; or any other place, area, or real property owned by or under
control, of the City, including other dedicated rights-of-way for travel purposes and utility
easements.
Subd. 28. Right-of-Way Permit. Either the excavation permit or obstruction permit, or
both, depending on the context,required by this Chapter.
-4-
Subd. 29. Service or Utility Service. Includes, but is not limited to, (i) those services
provided,by a public utility as defined in Minn. Stat. 216B.02. Subds. 4 and 6 (1996), (ii)
a Telecommunications right-of-way user, pipeline, community antenna television, cable
communications system as defined in Minn.Stat.Chap.238,fire and alarm communications,
water, electricity, light, heat, cooling energy, or power services, (iii)the services provided
by a corporation organized for the purposes set forth in Minn. Stat. 300.03 (1996); and (iv)
the services provided by.a district heating or cooling system.
Subd. 30. Supplementary Application. An application made to excavate or obstruct more
of the right-of-way than allowed in, or extend, a permit that had:already been issued.
Subd: 31. Telecommunications Right-of-Way User. A person owning or controlling a
facility in the right-of-way,or seeking to own or control the same,that is used or is intended
to be used for transporting telecommunication or other voice or data information. For
purposes of this Chapter,a cable communications system defined and regulated under Minn.
Stat.Chap.23 8,and telecommunications activities related to providing natural gas or electric
energy .services are riot included in this definition for purposes of this Chapter. This
definition shall not be inconsistent with Minn. Stat. 237.162, Subd. 4.
Subd. 32. Unusable Equipment. Equipment located in the right-of-way which has remained
unused for one (1) year, and for which the registrant is unable to provide proof that it has
either a plan to begin using it within the next twelve(12)months or a potential purchaser or
. user of the equipment.
Subd.33. User Fee. The sum of money,payable to the City,by a person using or occupying
the right-of-way;provided, however,that the City may at its option provide, at any time by
ordinance or by amendment thereto, for a greater or different fee applicable to all such
persons in an amount and by a method of determination as may be further provided in such
ordinance or amendment thereto.
Section 1165.03 Administration. The City may designate a principal City official responsible for
the administration of the rights-of-way, right-of-way permits, and the ordinances related thereto.
The City may delegate any or all of the duties hereunder.
Section 1165.04. Registration, Bonding and Right-of-Way Occupancy.
Subd. 1. Each person,who occupies,uses,or seeks to occupy or use,the right-of-way or any
equipment located in the right-of-way, including by lease, sublease or assignment, or who
has, or seeks to have, equipment located in any right-of-way, must register with the City.
Registration will consist of providing application information and as required by the City,
paying a registration fee, and posting a performance and restoration bond.
• -5-
i
I
The performance and restoration bond required in this Section,and in Section 1165.10,Subd.
(C)(5); Section 1165.13, Subd. 2(b), and Section 1165.32, Subd. 1(b)(3) shall be in an
amount determined at the City's sole discretion,sufficient to serve as security for the full and
complete performance of the obligations under this Chapter,including any costs,expenses,
damages, or loss the City pays or incurs because of any failure to comply with this Chapter
or any other applicable laws,regulations or standards. During periods of construction,repair,
or restoration of rights-of-way or equipment in rights-of-way, the performance and
restoration bond shall be in an amount sufficient to cover 100%of the estimated cost of such
work, as documented by the person proposing to perform such work, or in such lesser
amount as may be determined by the City,taking into account the amount of equipment, in
the right-of-way, the location and method of installation of the equipment, the conflict or
interference of such equipment with the equipment of other persons, and the purposes and
policies of this Chapter. Sixty(60)days after completion of the work,the performance and
restoration bond may be reduced by the sole determination of the City.
Subd. 2. No person may construct, install, repair, remove, relocate, or preform any other
work, on or use any equipment or any part thereof located in any right-of-way without first
being registered with the City.
Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a City
ordinance permitting persons to plant or maintain boulevard plantings or gardens or in the
area of right-of-way between their property and the street curb. Persons planting or
maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right- '
of-way,and shall not be required to obtain any permits or satisfy any other requirements for
planting or maintaining such boulevard plantings or gardens under this Chapter. However,
excavations deeper than 12 inches are subject to the permit requirements of Section 1165.09
of this Chapter.
Section 1165.05. Right to Occupy Rights-of-Way: Payment of Fees.
Subd. 1. Any person required to register under Section 1165.04, which occupies, uses, or
places its equipment in the right-of-way,is hereby granted a right to do so if and only so long
as it(1)timely pays all fees as provided herein and(2)complies with all other requirements
of law.
Subd. 2. The grant of right in Section 1165.05, Subd.I is expressly conditioned on, and is
subject to, the police powers of the City, continuing compliance with all provisions of law
now or hereafter enacted,including this Chapter as it may be from time to time amended and,
authorizations, whether from the City or other body or authority.
Section 1165.06. Franchise: Franchise Supremacy. The City may, in addition to the requirements
of this Chapter,require any person which has or seeks to have equipment located in any right-of-way
to obtain a franchise to the full extent permitted by law,now or hereafter enacted. The terms of any
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franchise which are in direct conflict with any provision of this Chapter, whether granted prior or
subsequent to enactment to this Chapter, shall control and supersede the conflicting terms of this
Chapter provided,however,that requirements relating to insurance,bonds,penalties,security funds,
letters of credit, indemnification or any other security in favor of the City may be cumulative in
grantee. All other terms of this Chapter shall be fully applicable to all persons whether franchised
or not.
Section 1165.07. Registration Information. -
Subd. 1. The information provided to the City at the time of registration shall include, but
not to be limited to:
(a) The registrant's name, Gopher One-Call registration certificate number,
address and e-mail address if applicable, and telephone and facsimile numbers.
(b) The name, address and e-mail address, if applicable, and telephone and
facsimile numbers of a local representative. The local representative or designee
shall be available 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) Shall be on a form approved by the.City,
(2) Shall verify that an insurance policy has been issued to the registrant
by an insurance company licensed to do business in the State of Minnesota;
or is covered by self-insurance which the City determines to provide the City
with protection equivalent to that of a Minnesota licensed insurance
company,legally independent from registrant.,
(3) Shall verify that the registrant is insured against claims for personal
injury, including death,as well as claims for property damage arising out of
the (i) use and occupancy of the right-of-way by the registrant, its officers,
agents, employees and permittees, and (ii)placement and use of equipment
in the right-of-way by the registrant, its officers, agents, employees and
permittees, including, but not limited to, protection against liability arising
from completed operations,damage of underground equipment and collapse
of property,
(4) Shall name the City as an additional insured as to whom the coverage
required herein are in force and applicable and from whom defense will be
provided as to all such coverage,
(5) Shall require that the City be notified thirty (30) days in advance of
cancellation of the policy, and
(6) Shall indicate comprehensive liability coverage,automobile liability
coverage, workers compensation and umbrella coverage in amounts
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established by the City of the office of risk and employee benefit
management in amounts sufficient to protect the City and carry out the •
purposes and policies of this Chapter.
(d) If the registrant is a corporation,a copy of the certificate required to be filled
under Minn. Stat. 300.06 (1996) as recorded and certified to by Secretary of State.
I
(e) A copy of the registrant's certificate of authority from the Minnesota Public
Utilities Commission, where the registrant is lawfully required to have such
certificate from said Commission.
(f) Such other information as the City may require.
Subd. 2. Notice of Changes. The registrant shall keep all of the information listed above
current at all times by providing to the City information of changes within fifteen(15)days
following the date on which the registrant has knowledge of any change.
Subd. 3. Grant of Right, Payment of User Fee. Any person required to register under
Section 1165.07, which furnishes utility services or which occupies, uses, or places its
equipment in the right-of-way,is hereby granted a right to do so if and only so long as it pays
the user fees as provided herein in a timely manner and complies with all other requirements
of law. This legal entitlement shall not include use of the right-of-way for purposes not in
furtherance of furnishing utility services for which additional authorization is required by this
Ordinance or other state or federal law, unless the person.pays the user fee for such non-
utility service use.
Such fee shall be paid to the City in substantially equal quarterly installments, subject to
adjustment and correction at the conclusion of the calendar year. This fee shall be paid for
all and any part of a calendar year,prorated on a daily basis,during any time period in which
the permit holder uses or occupies the right-of-way to.furnish utility service, or places,
maintains or uses its wires,mains,pipes,or any other facilities or equipment in the right-of-
way.
The granting of such right is expressly conditioned on, and is subject to, continuing
compliance with all provisions of law, including this Section.
Subd. 4. Franchise Agreements; Franchise Payments. This Section does not apply to a
person or business which;uses and occupies the right-of-way for operating its business when
there is a preexisting franchise agreement between that person or business and the City and
franchise payments are made as agreed.
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. Section 1165.08. Reporting,Obligations.
Subd. 1. Operations,Each Registrant shall at the time or registration and by December 1 of
each year, file a construction and major maintenance plan with the City. Registrants must
use commercially reasonable efforts to anticipate and plan for all upcoming projects and
include all such projects in a construction or major maintenance plan. Such plan shall be
submitted using a format designated by the City and shall contain the information determined
by the City to be necessary to facilitate the coordination and reduction in the frequency of _
excavations and obstructions of rights-of-way.
The plan shall include, but not be limited to, the following information:
(1) the specific locations and the estimated beginning and ending dates of all
Projects to be commenced during the next calendar year (in this Section, a "next-
year project"); and
(2) the tentative locations and beginning and ending dates for all projects
contemplated for the five years following the next calendar year (in this Section,
a "five-year project").
The term "project" in this Section shall include both next-year projects and five-year
projects.
By January 1 of each year the City will have available for inspection in its offices a
composite list of all projects of which it has been informed in the annual plans. All
registrants are responsible for keeping themselves apprised of the current status of this list.
Thereafter, by February 1, each registrant may change any project in its list of next-year
projects, and must notify the City and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time join in a nekt-year project of
another registrant that was listed by the other registrant.
Subd. 2. Additional Next-year Projects. Notwithstanding the foregoing,the City may, for
good cause shown,allow a registrant to submit additional next-year projects. Good cause
included, but is not limited to, the criteria set forth in Section 1165.17, Subd.3 concerning
the discretionary issuance of permits.
Section 1165.09. Permit Requirement. Except as other wise provided in this Code, no person may
obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way
permit from the City to do so.
Subd. 1. Excavation Permit. An excavation permit is required to allow the holder to
excavate that part of the right-of-way described in such permit and/or to hinder free and open
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passage over the specified portion of the right-of-way by placing equipment described
therein, to the extent and for the duration specified therein. •
Subd..2. Obstruction Permit. An obstruction permit is required to allow the holder to hinder
free and open passage over the specified portion of right-of-way by placing equipment,
vehicles,,or other obstructions described therein on the right-of-way. for the duration
specified therein.
Subd. 3. Permit Extensions. No person may excavate or obstruct the right-of-way beyond
the date or dates specified in the permit unless such person (i) makes a supplementary
application for another right-of-way permit before the expiration of the initial permit,and(ii)
a new permit extension is granted.
Subd. 4. Disruptive Fee. Notwithstanding Subd. 3 of this Section, even if a new permit or
permit extension is granted, the City shall establish and impose a disruptive fee as a civil
penalty for unreasonable delays in right-of-way excavation,obstruction,repair or restoration.
Subd.5. Permit Display. Permits issued under this Chapter shall be conspicuously displayed
at all times at the indicated work site and shall be available for inspection by the City
Inspector and authorized City personnel.
Section 1165.10. Permit Applications. Application for a permit is made to the City. Right-of-way
permit applications shall contain, and will be considered complete only upon compliance with, the
requirements of the following provisions:
(a) Registration with the City pursuant to this chapter.
(b) Submission of completed permit application form,including all required attachments,
and scaled drawings showing the location and area of the proposed project and the
location of all existing and proposed equipment.
(c) Payment of all money due to the City for:
(1) permit fees and costs due;
(2) prior obstructions or excavations;
(3) any loss;damage, or expense suffered by the City as a result of Applicant's
prior excavations or obstructions of the rights-of-way or any emergency action
taken by the City; and
(4) franchise fees, if applicable.
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. (5) When an excavation permit is requested for purposes of installing additional
equipment, and a performance and restoration bond which is in existence is
insufficient with respect to the additional equipment in the sole determination of the
City, the permit applicant may be required by the City to post an additional
performance and restoration bond in accordance with section 1165.04, Subd. 1.
Section 1165.11. Issuance of Permit: Conditions.
Subd. 1. If the City determines that the applicant has satisfied the requirements of this
chapter, the City may issue a permit.
Subd.2. The City may impose any reasonable conditions upon the insurance of a permit and
the performance of the applicant thereunder in order to protect the public health,safety,nand
welfare, to ensure the structural integrity of the right-of-way, to protect the property and
safety of other users of the right-of-way,to minimize the disruption and inconvenience to the
traveling public, and to otherwise efficiently manage use of the right-of-way.
Section 1165.12. Permit Fees.
Subd. 1. Excavation Permit Fee. The excavation permit fed shall be established by the City
in an amount sufficient to recover the following costs:
(1) the City cost;
(2) the degradation of the right-of-way that will result from the excavation:
(3) restoration, if done or caused to be done by the City.
Subd. 2. Disruption Fees. The City may establish and impose a disruption fee as a penalty
for unreasonable delays in excavations, obstructions, or restoration.
Subd. 3. Payment of Permit Fees. No excavation permit or obstruction permit shall be
issued without payment of all fees required prior to the issuance of such permit unless the
applicant shall agree(in manner,amount,and.substance acceptable to the City)to pay such
fees within thirty (30) days of billing therefor. All permit fees shall be doubled during a
probationary period. Permit fees that were paid for a permit which was revoked for a breach
are not refundable. Any refunded permit fees shall be less all City cost up to and including
the date of refund.
Subd.4. Use of Permit Fees. All obstruction and excavation permit fees shall be used solely
for city management, construction, maintenance and restoration costs of the right-of-way.
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Section 1165.13. Right-of WU Restoration.
Subd. 1. Timiniz. The work to be done under the excavation permit, and the repair and
restoration of the right-of-way as required herein, must be completed within the dates
specified in the.permit, increased by as many days as work could not be done because of
extraordinary circumstances beyond the control of the permit holder or when work was
prohibited as unseasonable or unreasonable under Section 1165.16, Subd. 2. In addition to
repairing its own work,the permit holder must restore the general work area of the work,and
the surrounding areas, including the paving and its foundations, to the same condition that
existed before the commencement of the work and must inspect the area of work and use
reasonable care to maintain the same condition for 36 months thereafter.
Subd. 2. Repair and Restoration. The permit holder shall repair its own work. In addition,
in its application for an excavation permit,the permit holder may choose either to have the
City restore the right-of-way or to restore the right-of-way itself.
(a) City Restoration. If the permit holder chooses to have the City restore the right-
of-way, the permit holder shall pay the costs thereof within 30 days of billing. If,
during the 36 months following such restoration, the pavement settles due to the
permit holder's improper backfilling,the permit holder shall pay to the City, ;within
30 days of billing, the cost for the resultant degradation as well as for any and all
additional City costs associated therewith.
b Permit Holder Restoration. If the permit holder chooses at the time of
( ) P
application for an excavation permit to restore the right-of-way itself, the permit
holder shall post an additional performance and restoration bond in an amount
determined by the City to be sufficient to cover the cost of restoring the right-of-way
to its pre-excavation condition. If, 36 months after completion of the restoration of
the right-of-way, the City determines that the right-of-way has been properly
restored,the surety on the performance and restoration bond posted pursuant to this
subdivision shall be released.
Subd. 3. Standards. The permit holder shall preform the work according to the standards
and with the materials specified by the City. The City shall have the authority to prescribe
the manner and extent of the restoration, and may do so in written procedures of general
application or on a case-by-case basis. The City,in exercising this authority,shall be guided
but not limited by the following standards and considerations:
(a) the number, size, depth and duration of the excavations,disruptions or damage
to the right-of-way;
(b) the traffic volume catted by the right-of-way; the character of the
neighborhood surrounding the right-of-way,
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. (c) the pre-excavation condition of the right-of-way; remaining life expectancy
of the right-of-way affected by the excavation,
(d) whether the relative cost of the method of restoration to the permit holder is
in reasonable balance with the prevention of an accelerated deprecation of the right-
of-way that would otherwise result from the excavation,,disturbance or damage
to the right-of-way; and
(e) the likelihood that the particular method of restoration would be effective in
slowing the deprecation of the right-of-way that would otherwise take place.
Subd.'4. Guarantees. By choosing to restore the right-of-way itself, the permit holder
guarantees its work and shall maintain it fir thirty-six(36)months following the completion.
During this thirty-six month period it shall, upon notification from the City, correct all
restoration work to the extent necessary, using the method required by the City. Said work
.shall be completed within five(5)calendar days of the receipt of the notice from the City,not
including days during which work cannot be done because of extraordinary circumstances
or days when work is prohibited as unseasonable or unreasonable under Section 1165.16.
Subd. 2.
Subd. 5. Failure to Restore. If the permit holder fails to restore the right-of-way in the
manner and to the condition required by the City, or fails to satisfactorily and timely
. complete all repairs required by the City, the City at its option may preform or cause to be
preformed such work. In that event,the permit holder shall pay to the City,within thirty(30)
days of billing, the cost of restoring the right-of-way. If the permit holder fails to pay as
required, the City may exercise its rights under the performance and restoration bond.
Subd. 6. Degradation Fee In Lieu of Restoration. In lieu of right-of-way restoration, a
permit holder shall pay to the City a degradation fee to cover City costs associated with a
decrease in the useful life of a public right-of-way caused by excavation and repairs.
.Payment of a degradation fee does not relieve the permit holder of the obligation to make
necessary right-of-way repairs.
Section 1165.14. Joint Applications.
Subd. 1. Joint Application. Registrants may jointly make application for permits to
excavate or obstruct the right-of-way at the same place and time.
Subd.2. With City Projects. Registrants who join in and during a scheduled obstruction or
excavation preformed by the City, whether or not it is a joint application by two or more
registrants or a single application, are not required to pay the obstruction and degradation
portions of the permit fee.
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Subd. 3. Shared Fees. Registrants who apply for permits for the same obstruction or
excavation,which is not preformed by the City,may share in the payment of the obstruction '
of excavation permit fee. Registrants must agree among themselves as to the portion each
will pay indicate the same on their applications.
Section 1165.15. 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 permit holder may preform any work outside the area
specified in the permit,except as provided herein. Any permit holder which determines that
an area greater than that specified in the permit must be obstructed or excavated must before
working in that greater area (i) make application for a permit extension and pay any
additional fees necessitated thereby, and (ii) be granted a new permit or permit extension.
Subd. 2. Limitations on Dates. A right-of-way permit is valid only for the dates specified
in the permit. No permit holder may begin its work before the permit start date or, except
as provided therein,continue working after the end date. If permit holder does not finish the
work by the permit end date, it must make application for a new permit for 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 done before the
permit end date.
Section 1165.16. Other Obligations. '
Subd. 1. Compliance with Other Laws. Obtaining a right-of-way permit does not relieve
permit holder of its duty to obtain all other necessary permits, licenses, franchises or other
authorizations and to pay all fees required by the City, any other city, County, State, or
Federal rules, laws or regulations. A permit holder shall comply with all requirements of
local, State and Federal laws, including Minn. Stat. 216D.001-09 ("One Call Excavation
Notice System"). A permit holder shall preform all work in conformance with all applicable
codes and established rules and regulations,and is responsible'for all work done in the right-
of-way pursuant to its permit, regardless of who preformed the work. .
Subd. 2. Prohibited Work. Except in the case of an emergency, and with the approval of
the City, no right-of-way obstruction or excavation may be preformed when seasonally
prohibited or when conditions are unreasonable for such work.
Subd. 3. Interference with Right-of-Way. A permit holder shall not so obstruct a right-of-
Way that the natural free and clear passage of water through the gutters or other.waterways
shall be interfered with. Private vehicles may not be parked with adjacent to a permit area.
The loading or unloading of trucks adjacent to a permit area is prohibited unless specifically
authorized by the permit.
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. Section 1165.17. Denial of Permit.
Subd. 1. Mandatory Denial. Except in the case of an emergency, no right-of-way permit
will be granted:
(a) to any person required by Section 1165.04 to be registered who has not done
so;
(b) to any person required by Section 1165.08 to file an annual report but has
failed to do so;
(c) for any next-year project not listed in the construction and major maintenance
plan required under Section 1165.08 unless the person used commercially reasonable
efforts to anticipate and plan for the project;
(d) for any project which requires the excavation of any portion of a right-of-
way which was constructed or reconstructed within the preceding five(5) years;
(e) to any person who has failed within the past three (3) years to comply, or is
presently not in full compliance, with the requirements of the Chapter;
(f) to any 'person as whom there exists grounds for the revocation of a permit
under Section 1165.22; and
(g) if, in the sole discretion of the City, the issuance of a permit for the particular
date and/or time would cause a conflict to interfere with an exhibition, celebration,
festival,or any other event. the City,in exercising this discretion,shall be guided by
the safety and convenience of ordinary travel of the public over the right-of-way,and
by considerations relating to the public health, safety and welfare.
Subd. 2. Permissive Denial. The City may deny a permit in order to protect the public
health, safety and welfare, to prevent interference with the safety and convenience of
ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its
users. The City may consider one or more of the following factors:
(a) the extent to which right-of-way space where the permit is sought is
available;
(b) the competing demands for the particular space in the right-of-way;
(c) the availability of other locations in the right-of-way or in other rights-of-
way equipment of the permit applicants;
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(d) The applicability of ordinance or other regulations of the right-of-way that
affect location of equipment in the right-of-way; •
(e) the degree of compliance of the applicant with the terms and conditions of
its franchise, if any, this Chapter, and other applicable ordinances and regulations;
(f) the degree of disruption to surrounding communities and businesses that will
result from the use of that part of the right-of-way;
(g) the condition and age of the right-of-way, and whether and when it is
scheduled for a total or partial reconstruction; and
(h) the balancing of the costs of disruption to the public and damage to the right-
of-way, against the benefits to that part of the public served by the expansion into
additional parts of the right-of-way.
Subd. 3. Discretionary Issuance. Notwithstanding the provisions of Section 1165.17,
Subd.l(c) and (d) above, the City may issue a permit in any case where the permit is
necessary to prevent substantial economic hardship to a customer of the permit applicant,or
to allow such customer to materially improve its utility service,or to allow a new economic
development project;and where the permit applicant did not have knowledge of the hardship,
the plans,for improvement of service;or the development project when said applicant was
required to submit its lists of next-year projects. '
Subd. 4. Permits for Additional Next-Year Projects. Notwithstanding the provisions of
Section 1165.17, Subd. 1(c) above, the City may issue a permit to a registrant who was
allowed under Section 1165.08, Subd.2 to submit an additional.next-year project, or in the
event the registrant demonstrates that it is used commercially reasonable efforts to anticipate
and plan for the project, such permit to be subject to all other conditions and requirements
of law, including such conditions as may be imposed under Section 1165.11, Subd.2.
Section 1165.18. Installation Requirements. In accordance with Minn. Stat. 237.162, Subd. 8(3);
237.163, Subd. 8; and other provisions of law, and until the Public Utilities Commission adopts
uniform statewide standards,the excavation,restoration,and all other work preformed in the right-
of-way shall be done in conformance with the "Standard Specifications for Street openings" as
promulgated by the City and at a location as may be required by Section 1165.25, Subd. 2. the City
may enforce local standards prior to adoption of mandatory,preemptive statewide standards pursuant
to its inherent and historical police power authority.
Section 1165.09. Inspection.
Subd. 1. Notice of Completion of Work. When the work under any permit hereunder is
completed, the permit holder shall notify the City.
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. Subd. 2. Site Inspection. The permit holder shall make the work-site available to the City
Inspector and to all others as authorized by law for inspection at all reasonable times during
the execution and upon completion of the work.
Subd. 3. Authority of City Inspector. At the time of inspection the City Inspector may order
the immediate cessation-of any work which poses a serious threat to life, health, safety or
well-being of the public. The City Inspector may issue an order to the registrant for any
work which does not conform to the applicable standards, conditions or codes. The order _
shall state that failure to correct the violation will be cause for revocation of the.permit.
Within ten(10)days after issuance of the order,the registrant shall present proof to the City
that the, violation has been corrected. If such proof has not been presented within the
required time, the City may revoke the permit pursuant to Section 1165.22.
Section 1165.20. Work Done Without a Permit.
Subd. 1. Emergency Situations. Each Registrant shall immediacy notify the City of the
City's designee of any event regarding its equipment which it considers to be an emergency.
The registrant may proceed to take whatever actions are necessary in order to respond to the
emergency. Within two (2) business days after the occurrence of the emergency, the
registrant shall apply for the necessary permits,pay the fees associated therewith and fulfill
the rest of the requirements necessary to bring itself into compliance with this Chapter for
the actions it took in response to the emergency. .
In the event that the Citybecomes aware of an emergency regarding a registrants equipment,
the City may attempt to contact the local representative of each registrant affected, or
potentially-affected, by the emergency. In any event,the City may take whatever action it
deems necessary in order to respond to the emergency,the cost of which shall borne by the
registrant whose equipment occasioned the emergency.
Subd. 2. Non-Emergency Situations. Except in the case of an emergency, any person who,
without first having obtained the necessary permit, obstructs or evacuates.a right-of-way
must subsequently obtain a permit,pay double the normal fee for said permit,pay double all
the other fees required by City Ordinance, necessary to correct any damage to the right-of-
way and comply with all the requirements of this Chapter.
Section 1165.21. Supplementary Notification. If the obstruction of evacuation of the right-of-way
begins later or sooner than the date given on the permit, permit holder shall notify the City of the
accurate information as soon as this information is known.
Section 1165.22. Revocation of Permits.
Subd. 1. Substantial Breach. Registrants hold permits issued pursuant to this Code as a
privilege and not as a right. The City reserves the right,as provided herein and in accordance
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with Minn. Stat. 237.163, Subd.4,to revoke any right-of-way permit,without fee refund,mi '
the event of a substantial breech of the term and conditioned of any statute, ordinance,rule
or regulation, or any condition of the permit. A substantial breech by permit holder shall
include, but not be limited to, the following:
(a) The violation of any material provision of the right-of-way permit;
(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
City or its citizens;
(c) Any material misrepresentation of fact in the application for a right-of-way
permit;
(d) The failure to maintain the required bonds and/or insurance;
(e) The failure to complete the work in a timely manner; or
(f) The failure to correct a condition indicated on an order issued pursuant to
Section 1165.19, Subd.3.
Subd. 2. Written Notice of Breach. If the City determines that the permit holder has
committed a substantial breach of a term or condition of any statue, ordinance, rule,
regulation, or any condition of the permit, the City shall make a written demand upon the
permit holder to remedy such violation. The demand.shall state that continued violations
may be cause for revocation of the permit. Further,.a substantial breach,as stated above;will
allow the-City, at the City's discretion, to place additional or revised conditions on the
permit.
Subd. .3. Response to Notice of Breach. Within twenty-four (24) hours of receiving
notification of the breach,permit holder shall contact the City with a plan, acceptable to the
City Inspector,for its correction. The permit holder's failure to so contact the City Inspector,
the permit holder's failure to submit an acceptable plan, or the permit holder's failure to
reasonably implement the approved plan shall be cause for immediate revocation of the
permit. Further, permit holder's failure to so contact the City Inspector, or the permit-
holder's failure to reasonably implement the approved plan shall automatically place the
permit holder on probation for one (1) full year.
Subd. 4. Cause for Probation. From time to time,the city may establish a list of conditions
of the permit which,if breached,will automatically place the permit holder on probation for
one (1) full year, such as, but not limited to, working out of the allotted time period.or
working on right-of-way outside of the permit.
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. Subd. 5. Automatic Revocation. If a permit holder, while on probation, commits a breach
as outlined above, permit holder's permit will automatically be revoked and permit holder
will not be allowed further permits for one (1) full year, except for emergency's repairs.
Subd. 6. Reimbursement of Ci , Costs. If a permit os revoked,the permit holder shall also
reimburse the City for the City's reasonable costs, including restoration costs'and the costs
of collection and reasonable attorney's fees incurred-in connection with such revocation._
Section 1165.23 Appeals.
Subd. 1.. Appeal Process. If an applicant has been denied registration,aright-of-way permit,
its right-of-way permit revoked,or believes that the fees imposed on the user by the City do
not conform to the requirements of law,may have the denial,revocation, or fee imposition
reviewed,upon written request,by the City Council. The City Council shall act on a timely
written request at its next regularly scheduled meeting. A decision by the City Council
affirming the denial, revocation, or fee imposition must be in writing and supported by
written findings establishing the reasonableness of the decision.
Subd. 2. Binding_ Arbitration. Upon affirmation by the City 'Council of the denial,
revocation,or fee imposition,the telecommunications right-of-way user shall have the right
to have the matter resolved by binding arbitration. Binding arbitration must be before an
arbitrator agreed to by both the City and the person. If the parties cannot agree on a
- . arbitrator, the matter must be resolved by a three-person arbitration panel made up of one
arbitrator selected by the City, one arbitrator selected by the person, and one arbitrator
selected by the other two arbitrators. The costs and fees of a single arbitrator shall be borne
equally by the City and the person. In the event there is a third arbitrator, each party shall
bear the expense of its own arbitrator and shall jointly and equally bear with the other party
the expense of the third arbitrator and of the arbitrator.
Subd. 3. Appeal Costs. Each party to the arbitrators shall pay its own costs,disbursements,
and attorney fees.
Section 1165.24. Mapping Data.
Subd. 1. Information Required. Except as provided in Subd.2 of this Section,each registrant
shall provided to the City information indicating the horizontal and vertical location,relative
to the boundaries of the right-of-way, of all equipment which it owns or over which it has
control and which is located in any right-of-way("Mapping Data"). Mapping data shall be
provided with the specificity and in the format requested by the City for inclusion in the
mapping system used by the City. Notwithstanding the foregoing, mapping data shall be
submitted by all registrants for all equipment which is to be installed or constructed after the
date of passage of this ordinance at the time any permits are sought under this Section.
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Subd. 2. Supplemental Information. Within six months of the acquisition, installation, of
construction of additional equipment or any relocation,abandonment,or disuse of excavating '
equipment, each registrant shall supplement the mapping data required herein.
Subd. 3. Comprehensive Equipment Plans. Each registrant shall, within six months after
the date of passage of this ordinance, submit a plan to the City specifying in detail the steps
it will take economically with the requirements of this Section. This plan shall provide for
the submission of all mapping data for Commercial and Industrial Zoning Districts within
2 years after the date of passage of this ordinance, and for the remainder of the City as early
as may be reasonable and practical,but not later than 5 years after the date of passage of this
ordinance. for the remainder of the City as early as may be reasonable and practical,but not
later than five (5) years after the date of passage of this ordinance.
After six(6) months after the passage of this ordinance, a new registrant, or a registrant
which has not submitted a plan as required above, shall submit complete and accurate
mapping data for all its equipment at the time any permits are sought under this Chapter.
Subd.4. Telecommunications Equipment. Information on existing facilities and equipment
of telecommunications right-of-way users need only be supplied in the form maintained by
the telecommunications right-of-way user.
Subd. 5. Trade Secret Information. At the request of any registrant, any information
requested by the City,which qualifies as a"trade-secret" under Minn. Stat. 13.37(b)shall be '
treated as trade secret information as detailed therein. With respect to the provision of
mapping data, the City may consider unique circumstances from time to time required to
obtain mapping data.
Section 11.65.25. Location of Equipment.
Subd. 1. Undergrounding_ Unless otherwise permitted by an existing franchise or Minnesota
Statue 21613.34,or unless existing above-ground equipment is repaired or replaced,or unless
infeasible such as in the provision of electric service at certain voltages, new construction,
installation of new equipment, and the replacement of old equipment shall be done
underground or contained within buildings or other structures in conformity with applicable
codes unless otherwise agreed to by the City in witting, and such agreement is reflected in
applicable permits.
Subd. 2. Corridors. The City may assign specific corridors within the right-of-way, or any
particular segment thereof as may.be necessary, for each type of equipment that is or,
pursuant to current technology,the City expects will someday be located within the right-of-
way. Excavation, obstruction,or other permits issued by the City for good involving the
installation or replacement of equipment may designate the proper corridor for the equipment
at issue and such equipment must be located accordingly.
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i
. Subd. 3. Moving of Existing_Equipment to Corridors. Any registrant whose equipment is
located prior.to enactment of this Chapter in the right-of-way in a position at variance with
.corridors established by the City shall, no later than at a time of the next reconstruction of
excavation of the area where its equipment is located, move that equipment to its assigned
position within the right-of-way, unless this requirement is waived by the City for good
cause shown, upon consideration of such factors as the remaining economic life of the
facilities, public safety, customer service needs and headship to the registrant.
Subd. 4. Nuisance. One year after the passage of this ordinance, any equipment found in
a right-of-way that has not been registered shall be deemed to be a nuisance. The City may
exercise any remedies or rights it has at law or in equity, including, but not limited to,
abating the nuisance or taking possession of the equipment and restoring the right-of-way
to a usable condition.
Subd. 5. Limitation of Space. To protect health,safety and welfare,the City shall have the
power to prohibit or limit the placement of new additional equipment within the right-of-way
if there is insufficient space to accommodate all of the requests of registrant or persons to
occupy and use the right-of-way. In making such decisions,the City shall strive to the extent
possible to accommodate all existing and potential users of the right-of-way, but shall be
guided primarily by considerations of public interest, the public's needs for the particular
service,the condition of the right-of-way,the time of year with respect to essential utilities,
the protection of existing equipment in the right-of-way, and future City plans for public
. improvements and development projects which have been determined to be the public
interest.
Section 1165.26 Relocation of Equipment.
Subd. 1. Removal of Equipment. A registrant must promptly and at its own expense, with
due regard for seasonal working conditions,permanently remove and relocate its equipment
and facilities in the right-of-way whenever the City requests such removal and relocation,
and shall restore the right-of-way to the same condition it was in prior to said removal or
relocation. The City may make such requests in order to prevent inference by the company's
equipment or facilities with a present or future City use of the right-of-way; a public
improvement undertaken by the City; an economic development project in which the City
has an interest or investment; when the public health;safety and welfare requires it; or when
necessary to prevent interference with the safety and convenience or ordinary travel over the
right-of-way.
Notwithstanding the forgoing, a person shall not be required to remove of relocate its
equipment from any right-of-way which has been vacated in favor of non-governmental
entity to the person therefor.
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Section 1165.27. Pre-Excavation Equipment Location. In addition to complying with the .
requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice System") before the start •
date of any right-of-way excavation, each registrant who has equipment located in the area to be
excavated shall mark the horizontal and approximate vertical placement of all said equipment. Any
registrant whose equipment is less then twenty(20)inches below a concrete or asphalt surface.shall
notify and work closely with the excavation contractor in an effort to establish the exact location of
its equipment and the best procedure for excavation.
Section 1165.28. Damage to Other Equipment.
Subd. 1, Maintenance Work by City. When the City performs work in the right-of-way and
finds it necessary to maintain, support,or move a registrant's equipment in order to protect
it,the City shall notify the local representative as early as is reasonably possible. The costs
associated therewith will be billed to that registrant and must be paid within thirty(30)days
from the date of billing.
Subd. 2. Responsibili1y of Registrant;._ Each registrant shall be responsible for the cost of
repairing any equipment in the right-of-way which it or its equipment damages. Each
registrant shall be responsible for the cost of repairing any damage to the equipment of
another registrant cause during the City's response to an emergency occasioned by that
registrant's equipment.
Section 1165.29. Right-of-Way Vacation. '
Subd. 1. Reservation of Right. If the City vacates a right-of-way which contains the
equipment of a registrant,and if the vacation does not require the relocation of registrant or
permit holder equipment, the City shall reserve, to and for itself and all registrant having
equipment in the vacated right-of-way, the right to install, maintain and operate any
equipment in the vacated right-of-way and to enter upon such right-of-way at any time for
the purpose of reconstructing, inspecting, maintaining or repairing the same.
Subd. 2. Relocation of Equipment. If the vacation requires the relocation of the registrant
or permit holder equipment and;(a)if the vacation proceedings are initiated by the registrant
or permit holder, the registrant or permit holder must pay the relocation costs; or(b) if the
vacation proceedings are initiated by the City and the registrant or permit holder must pay.
the relocation costs unless otherwise agreed to by the City and the registrant to permit holder;
or(c)if the vacation proceeding are initiated by a person or persons other than the registrant
or permit holder, such person or persons must pay the relocation costs.
Section 1165.30. Indemnification and Liability.
Subd. 1. Limitation of Liability. By reason of the acceptance of a registration or a grant of
the right-of-way permit, the City does not assume any liability; (a) for injuries to persons,
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damage to property,or loss of service claims by parities other than the registrant or the City;
. or (b) for claims or penalties of any sort resulting from, the installation, presence,
maintenance, or operation of equipment be registrants or activities of registrants.
Subd. 2. Indemnification. By registering with the City, a registrant agrees,or by accepting
a permit under this.Chapter, a permit holder is required to defend, indemnify, and hold the
City whole and harmless from all costs, liabilities, and claims for damages of any kind
arising out of the construction,presence,installation,maintenance,repair or operation of its
equipment, or out of any activity undertaken in or near a right-of-way, whether or not any
act or omission complained of its authorized, allowed, or prohibited by a right-of-way
permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or
other proceeding claiming damages,or seeking any other relief against the City for any claim
nor for any award arising out of the presence, installation, maintenance or operation of its
equipment, or any activity undertaken in or near a right-of-way, whether or not the act or
omission complained of its authorized, allowed or prohibited by right-of-way permit. The
foregoing does not indemnify the City for its own negligence except for the claims arising
out of or alleging the City's negligence where such negligence arises out of or is primarily
related to the presence, installation, construction. operation, maintenance or repair of said
equipment by the registrant or on the registrant's behalf, including, but not limited to, the
insurance of permits and inspection of plans or work. This Section is not,as to third parties,
a wavier of any defense or immunity otherwise available to the registrant or to the City;and
the registrant, in defending any action on behalf of the City, shall be entitled to asset in any
. action every, defense or•immunity that the.City could asset in.its own behalf.
Section 1165.31. Future Uses. In placing any equipment,or allowing it to be placed,int he right-of-
way the City is not liable for any damages caused thereby to any registrant's equipment which is
already in place. No registrant is entitled to rely on the provisions of this Chapter, and no special
duty is created as to registrant. This Chapter is enacted to protect the general health, welfare and
safety of the public at large.
Section 1165.32. Abandoned and Unusable Equipment.
Subd. 1. Discontinued Operations. A registrant who has determined to discontinue its
operations with respect to any equipment in any right-of-way,or segment or portion thereof,
in the City must either:
(a) provide information satisfactory to the City that the registrant's obligations
for its equipment in the right-of-way under this Chapter have been lawfully
assumed by either registrant; or
(b) submit to the City a proposal and instruments for transferring ownership of
its equipment to the City. If a registrant proceeds under this clause, the City
may, at its option:
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(1)purchase the equipment; or
(2)require the registrant, at its own expense,to remove it; or
(3) require the registrant to.post an additional bond or an increased bond
amount sufficient to reimburse to City for reasonably anticipated costs to be
incurred in removing the equipment.
Subd. 2. Abandoned Equipment. A registrant's equipment that fails to comply with the
proceeding paragraph and which has remained unused for 2 years shall be deemed to be
abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any
remedies or rights it has a law or in equity, including, but not limited to: (a) abating the
nuisance; (b)taking possession of the equipment and restoring it to a usable condition; (c)
requiring removal of the equipment by the registrant or by the registrant's surety; or, (d)
exercising its rights pursuant to the performance and restoration bond.
Subd. 3. Removal. Any registrant who has unusable equipment in nay right-of-way shall
remove it from that right-of-way during the next scheduled excavation, unless this
requirement is waived by the City.
Section 1165.33. Reservation of Regulatory and Police Powers. The City by granting of a right-of
way permit, or by registering a person under this Section, does not surrender or to any extent lose,
waive, impair,or lessen the lawful powers and rights, which it has now or may be hereafter vested
in the City under the Constitution and Statues of the State of Minnesota to regulate the use of the
right-of-way by permit holder;and the permit holder by its acceptance of a right-of-way permit or
of registration under those ordinances agrees that all lawful powers and rights,regulatory power,or
police power, or otherwise as are or the same may be from time to time vested in or reserved to the
City, shall be in full force and effect and subject to the exercise thereof by the City at any time. A
permit holder or registrant is deemed to acknowledged that its rights are subj ect to the regulatory and
police powers of the City to adopt and enforce general ordinances necessary to the safety and welfare
of the public and is deemed to agree to comply with all applicable general laws and ordinances
enacted by the City pursuant to such powers.
Any conflict between the provisions of a registration or of a right-of-way permit and any other
present or future lawful exercise of the City's regulatory or police powers shall be resolved in favor
of the latter.
Section 1165.34. . Severability. If any subdivision, sentence, clause , phrase, or portion of this
Section is for any reason held invalid or unconstitutional by any court or administrative agency of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provisional such holding shall not affect the validity of the remaining portions thereof. If regulatory
body or a court of competent jurisdiction should determine by a final,non-appealable order that nay
permit, right or registration issued under this Section or any portion of this Section is illegal or
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. unenforceable,then any such permit right or registration granted or deemed to exist hereunder shall
be considered as a revocable permit with mutual right in either party to terminate without cause
giving sixty (60) days written notice to the other. The requirements and conditions of such a
revocable permit shall be the same requirements and conditions as set forth in the permit, right or
registration, respectively, except for the conditions relating to the term of the permit and the right
of termination. If a permit,right or registration shall be considered a revocable permit as provided
herein,the permit holder must acknowledge the authority of the City Council to issue such revokable
permit and the power to revoke it. Nothing in this Section precludes the City from requirements set
forth herein.
Section 1165.33. Non-Exclusive Remedy. The remedies provided in this Section and other
Chapters in the Legislative Code are not exclusive or in lieu of other right and remedied that the City
may have at law or in equity. The City is hereby authorized to seek legal and equitable relief for
actual of threatened injury to-the public rights-of-way, including damages to the rights-of-way,
whether or not caused by a violation of any of the provisions of this Section or other provisions of
the Legislative Code.
Section 2. This ordinance shall take effect following its passage and publication according to law.
First reading: May 11 , 1999
Second reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
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City of St.Anthony
RIGHT-OF-WAY FEES & CHARGES
•
Proposed Fee
1. Registration Fee: $40.00
2. Excavation Permit Fee: $125.00
a.) Hole
b.) Trench $ 70.00/100 lineal foot (Plus Hole Fee)
3. Obstruction Permit Base Fee: $ 50.00 plus .05/lineal foot
4. Permit Extension Fee: $55.00
5. User Fee: 1 $20.00
Plus Adjacent to Residential Property $ 0.1375/lineal ft
Plus Adjacent to Commercial Property $ 0.30/lineal foot
6. Degradation Fee: City's_cost to return structural integrity to Right-of-Way. •
7. Delay Penalty
Total Penalty Charge: $60.00
(Up to 3 days late)
Each day late over 3 days: $60.00 plus $10.00/day