HomeMy WebLinkAboutCC PACKET 06081999 Meeting Sheet
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Box: 17
Folder: CC PACKETS 1999-2001
Document: CC PACKET 06081999
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CITY OF ST. ANTHONY
CITY COUNCIL WORK SESSION
6:30 PM
Council Chambers
I. CALL TO ORDER.
II. ROLL CALL.
III. INTERVIEW PARKS COMMISSION CANDIDATES.
A. 6:30 PM - Colleen Hallada
B. 6:45 PM - David Morrison
IV. ADJOURNMENT.
REGULAR COUNCIL MEETING WILL
BEGIN AFTER INTERVIEWS AT 7:00 pm
June, 1999
UPDATE ON PARKS COMMISSION MEMBERS/TERMS
The original Parks Commission consisted of 7 members, with terms as follows:
Member Term Length Serve to
Paul Louiselle 1 year December 31, 1999
Tim Morris 1 year December 31, 1999
Joanne Kosciolek 2 years December 31, 2000
Andrea Lambrecht 2 ears December 31, 2000
i y
Don Siggelkow 2 years December 31, 2000
Carol Jindra 3 years December 31, 2001
Doug Koehntop 3 years December 31, 2001
Since that time Andrea Lambrecht resigned and George Wagner was appointed to take her
place.
At this time, Don Siggelkow and Joanne Kosciolek have both verbally and in writing resigned
and two other residents have indicated their interest to be appointed to the Parks Commission.
In addition, Tim Morris has verbally indicated his resignation, but no written resignation has
been received.
PARK COMMISSION APPLICANT QUESTIONS:
1. Why are you interested in being a Park Commissioner?
2. What is your opinion on the current condition of the parks?
3. What is your opinion on the duel purpose of Silver Point Park as a
park and as a temporary holding pond?
4. What personal experiences do you have that will be of benefit to you
as a Park Commissioner?
Colleen HaHada
2906 Crestview
St. Anthony, MN 55418
612-789-3846
May 27, 1999
Mike Morrison, City Manager
St.. Anthony Village
3301 Silver Lake Road NE
St. Anthony, MN 55418
Dear Mr. Morrison:
I would like to submit my application for the St. Anthony Village Parks
Commission.
I am very interested in serving on the Parks Commission because of my desire to
beautify the parks while preserving adequate field space for sports activities. I bring
to the Parks Commission a knowledge of landscape and a passion for gardening as
well as a:background in sports. I also have personal contacts with landscape archi-
tects and am familiar with the process and procedures they use.
I would like to help the City of St. Anthony continue the improvements and make
the parks enjoyable for everyone.
Please call me if you have any questions at 789-3846.
Sincerely,2
Colleen Hallada
Colleen Hallada
2906 Crestview
St. Anthony, MN 55418
612-789-3846
Objectives Serve as member of the Parks Commission.
Qualifications: Designed, implemented, and maintain a large and varied
residential garden. --
Skilled leader and team player. Manage the flow of patrons,
provide staff support, maintain daily financial records for a
busy downtown restaurant.
User of St. Anthony parks as mother of two participants in
Sports:Boosters activities.
Lifetime resident Northeast Minneapolis and St. Anthony
Village.
Related Education: Master Gardener Program, Professional Horticultural,
University of Minnesota Extension Service, 1998.
Northern Gardener Series Symposium, University
of Minnesota Extension, 1999
Northeast Technical College, Interior Design Coursework
University of Minnesota, 1984-1988
Work History:
Alexander's Restaurant, Supervise and support wait staff.
1988 to present Manage daily financial records.
Freelance Landscape Design and produce stained glass and concrete
Stone Design, landscape stones by commission.
1998 to present
University of Minnesota Scheduled recreational sports program for the
Recreational Sports Department, University- football, softball, broomball, hockey, and
1984-1987 basketball fields - scheduling games, fields and notifying
teams of times and dates.
Volunteer Activities. Block Club Organizer
ACTION Intergenerational Dialogue Participant
References available on request.
David Morrison
3425 Harding St. NE
St. Anthony MN 55418
May 20, 1999
Mike Morrison
City Manager
St. Anthony Village
3301 Silver Lake Road
St. Anthony MN 55418
Dear Mr. Morrison:
I am writing to express my interest in the openings on the Parks commission. I have been
a resident of St. Anthony for close to three years and enjoy living here very much.
Because I enjoy living here so much, I would like to be involved in the community more
closely. I believe that a way to do this is to become a member of the Parks commission. -
I aspire to be a part of the decision-making process because the parks belong to everyone
in the community and it is my desire to be a positive influence in the community.
Thank you for your time and I look forward to hearing from you.
Sincerely,
Y
P4�An
David Morrison
Enclosure
3425 Harding Street Northeast
St.Anthony,Minnesota 55418
Phone(612)667-8887
David Momson
Work experience 1996—Present Norwest Bank,N.A. Minneapolis,MN
Master Trust Accountant
Perform complex calculations and analysis based on securities.processing,
investment accounting and performance knowledge. Review data for proper
reporting of security information and related transactions. Productively
analyze activity in customer accounts for accuracy. Resolve any errors and
work with administration and client to determine handling of unusual issues.
1994- 1996 Norwest Bank,N.A. Minneapolis,MN
Fund Accountant
Balance fund security and cash positions with like custody positions. Set up
securities for proper income accruals. Record shareholder activity and
ensure accuracy of share totals and cash movement. Value fund portfolios
and calculate daily distribution for-money market fund.
1993- 1994 Norwest Bank,N.A. Minneapolis, MN
Shareholder Accountant
Balance all variable Norwest Mutual Funds. Report movement of fund's
cash and reconcile to fund bank accounts. Calculate daily share balances for
funds based on activity. Determine dividend distribution rates to be applied
to the total principal balance of each fund. This position requires knowledge
and use of Microsoft Excel and Lotus 1-2-3 software.
1991 — 1993 Norwest Bank,N.A. Minneapolis, MN
Shareholder Service Representative
Perform entry of data and value transactions utilizing a CRT and PC. Match
and verify system records before completing entry. Originate general ledger
and computer entry tickets to resolve errors and process account
transactions. Prepare and file specialized documents(regulatory,legal or
customer specific)within prescribed procedures. Investigate and resolve
problems and inquiries by researching files,records and microfilm.
1991 - 1991 Hayne,Miller&Farni,Inc. Minneapolis,MN
Assistant Operations Manager
Serve as liaison between brokers and clearing agent. Responsible for
monitoring Regulation T-Calls. Execute accounts receivable. Receive
incoming securities and cash for deposit to client accounts. File Rule 144
documents with the Securities and Exchange Commission(SEC). Produce
daily commission reports.
1983- 1990 Shearson Lehman Brothers,Inc. New York,NY
Corporate Paralegal
Paralegal within restricted and control securities division. Administer
purchase and sale of stock under applicable SEC rules. Process collateral
loans against stock in compliance with SEC and New York Stock Exchange
margin regulations.
Education 1983- 1987 St.John's University Queens,New York
B.S.: Paralegal Studies
June, 1999
UPDATE ON PARKS COMMISSION MEMBERS/TERMS
The original Parks Commission consisted of 7 members, with terms as follows:
Member Term Length Serve to -
Paul Louiselle 1 year December 31, 1999
Tim Morris 1 year December 31, 1999
Joanne Kosciolek 2 years December 31, 2000
Andrea Lambrecht 2 years December 31; 2000
Don Siggelkow 2 years December 31, 2000
Carol Jindra 3 years December 31, 2001
Doug Koehntop 3 years December 31, 2001
Since that time Andrea Lambrecht resigned and George Wagner was appointed to take her
place.
At this time, Don Siggelkow and Joanne Kosciolek have both verbally and in writing resigned
and two other residents have indicated their interest to be appointed to the Parks Commission.
In addition, Tim Morris has verbally indicated his resignation, but no written resignation has
been received.
�l
r.
• CITY OF ST. ANTHONY
REGULAR CITY COUNCIL MEETING AGENDA
June 8, 1999
7:00 PM
Council Chambers
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
lll. APPROVAL-OF JUNE 8, 19991-REGULAR CITY COUNCIL- MEETING AGENDA.
IV. APPROVAL OF MAY 25, 1999 REGULAR CITY COUNCIL MEETING
MINUTES.
V. LICENSES/PERMITS/PETITIONS.
VI. CLAIMS.
A. Legal:
• 1 . Dorsey & Whitney - $3,945.59.
B. 1999 Street Improvement Bonds:
1 . Springsted - $1,300.00
C. 1999 Street Improvement Project:
1 . WSB & Associates, Inc. - $9,463.12.
D. Storm Water Engineering Services:
1 . WSB & Associates, Inc. -
a. $101 .25.
b. $250.00.
C. $645.00.
d. $204.75.
e. $86.00.
f. $17,651 .67.
E. Verified.
VII. REPORTS.
A. Present Certificate of Appreciation plaque to Christopher Makowske.
B. City Council.
C. Mayor.
D. City Manager.
• VIII. PUBLIC HEARINGS - None.
f
Regular City Council Meeting Agenda
June 8, 1999 •
Page 2
IX. NEW BUSINESS.
A. Ordinance 1999-006, re: Council salaries (15t reading).
B. Appoint new Park Commissioners.
X. UNFINISHED BUSINESS.
A. Ordinance 1999-004, re: Management and regulation of public rights-
of-way (3 Id reading).
XI. ADJOURNMENT.
•
.g
1 CITY OF ST. ANTHONY
REGULAR CITY COUNCIL MEETING
4 MAY 25, 1999
5
6
7 ][. 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 The Council and audience observed a moment of silence in remembrance of firefighter William
12 Myers who died last week. Ranallo presented a memorial plaque to his widow, Jan.
13
14 II. ROLL CALL.
15 Councilmembers present: Ranallo, Marks, Faust, Cavanaugh, and Thuesen.
16 Councilmembers absent: None.
17 Also present: City Manager Mike'Mornson, City Attorney William Soth.
18
19
2o III. APPROVAL OF MAY 25, 1999 REGULAR COUNCIL MEETING AGENDA.
21 Motion by Marks, second by Faust to approve the May 25, 1999 Regular City Council Meeting
22 Agenda as presented.
�23 Motion carried unanimously.
X15 IV. APPROVAL OF MAY 11, 1999 REGULAR CITY COUNCIL MEETING MINUTES.
26 Motion by Marks, second by Thuesen to approve the May 11, 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 Central Minnesota Tree Service, Fridley, MN
36 Johnson Concrete Masonry & Waterproofing, Minneapolis,MN
37 Arrigoni Brothers Company, St. Paul, MN/Tower Park Contractor
38
39 Heating Licenses:
40 Marsh Heating & Air Conditioning, Brooklyn Park, MN/working at 3612 Coolidge
41
42 Multiple Dwelling License: (Renewal)
43 Macalaster Manor, 3800 & 3808 Macalaster Drive
44 Chandler Place, 3701 Chandler Drive
Equinox Properties, 2808 Silver Lane
0 Autumnwoods Apartments, 2600 Kenzie Terrace
47 Caravelle Apartments, 3713-3720 Foss Road
t
City Council Meeting Minutes
May 25, 1999
Page 2 '
i Highcrest Manor, 3605-3615 - 37th Avenue NE
2
3 Motion carried unanimously.
4
5 Motion by Thuesen, second by Faust to approve the following license:
6
7 Temporary 3.2 Beer Permit:.
8 Hai Quan/Honeywell Finance Department Picnic/July 22, 1999/Central Park
9
10 Voting on the motion: Ranallo, Faust, Thuesen and Cavanaugh voted aye. Marks voted nay.
11
12 The motion carried.
13
14 VI. PRESENTATION OF CLAIMS.
15 Motion by Marks, second by Faust to approve the following claims:
16
17 A. Purchase of Properties:
18 1. Evergreen Land Services Company in the amount of$709.80 for service and
19 expense for April 16, 1999 through April 30, 1999.
20 B. Underground Storage Tanks:
21 1. Ceres Environmental Services in the amount of$2,000.00 for additional work
22 performed for the UST removal and AST installation project at the Public Works
23 Department.
24 2. Nova Consulting Group in the amount of$1,385.00 for professional services
25 rendered with regard to the public works facility and petroleum release
26 investigation.
27 C. Legal/Prosecutions:
28 1. Foster, Wentzell, Hedback& Brever in the amount of$3,000.00 for professional
29 services rendered.
30 D. Engineering Services:
31 1. SEH/RCM.in the amount of:
32 a. $500.00 for professional services rendered for the period ending-March 31,
33 1999 with regard to 1998 bridge inspection.
34 b. $250.00 for professional services rendered for the period ending March 31,
35 1999 with regard to 1999 State aid reports.
36 C. $149.97 for professional services rendered for the period ending.March 31,
37 1999 with regard to 33rd Avenue construction.
38 d. $1,906.13 for professional services rendered for the period ending March
39 31, 1999 with regard to 1998 street improvements construction.
40 e. $3,981.03 for professional services rendered for the period ending March
41 31, 1999 with regard to Silver Lake Road watermain.
9
City Council Meeting Minutes
May 25, 1999
Page 3
1 E. 1999 Street and Water Main Improvements:
2 1. Northdale Construction Company in the amount of$55,153.77 for 1999 street and
3 watermain improvements.
4 F. Silver Point Park and Central Park Storm Water Improvements: _
5 1. Richard Knutson, Inc. in the amount of$56,486.88 for Silver Point Park&
6 Central Park Stormwater Improvement Project.
7 G. 2 pages of Verified Claims as presented by the Finance Director.
8
9 Motion carried unanimously.
10
11 VII. REPORTS.
12 A. Planning Commission- May 18, 1999.
13 Mayor Ranallo welcomed Planning Commissioner Randy Stille and invited him to
14 address the Council.
15
16 1. Sunset Memorial Cemetery: for 2250 St. Anthony Boulevard; side yard setback
17 variance request.
Stille explained the owners of Sunset Memorial Cemetery are requesting a sideyard
variance request to construct a sidewalk around,the mausoleum. He added the Planning
20 Commission recommends approval of this request.
21
22 Marks asked what hardship had been found in connection with this request. Stille stated
23 the sidewalk is needed to accommodate staff operating heavy equipment as well as for
24 families visiting the mausoleum and grounds in inclement weather.
25
26 Cavanaugh stated the sidewalk seems to be an integral part of the mausoleum, and asked
27 why it wasn't included in the original design. Dennis Bridges, a representative from
28 Sunset Memorial Park, stated the original building permit did not incorporate sidewalks
29 around the entire structure, which needed to be in the original permit process. He added
30 they thought they could complete the process after the building was built, but then
31 discovered they would be encroaching on the setback.
32
33 Marks stated the necessary hardship must relate to City ordinances or unusual topography
34 or shape of the property. Stille stated the omission of the sidewalks from the original
35 plan was an oversight on the part of the contractor and probably would have been initially
36 approved.
37
38 Ranallo noted the welfare and safety of staff and visitors is affected by the lack of a
9 sidewalk.
City Council Meeting Minutes
May 25, 1999
Page 4
1 Cavanaugh thanked Mr. Bridges for his efforts in maintaining the cemetery which is a
.2 wonderful park, adding the residents are the beneficiaries.
3
4 Motion by Cavanaugh, second by Thuesen to approve a sideyard setback variance request
5 from Sunset Memorial Cemetery.
6
7 Motion carried unanimously.
8
9 2. Dave Sperry; for 4XXX Fordham Drive; lot width and lot area variance requests.
10 Mr. Stille explained that a request is recommended for approval by the Planning
11 Commission for lot width and lot area variances on property which Arvid and Eleanor
12 Johnson intend to sell to Mr. and Mrs. David Sperry.
13
14 Marks stated there is clearly a hardship in this case as created by City ordinance.
15
16 Cavanaugh stated a reference had been made to water problems in the area, and asked if
17 that issue had been resolved. Stille stated a resident.of that neighborhood, who is a civil
18 engineer, indicated he believes water problems in that neighborhood are caused by
19 inadequate'pipes on Silver Lake Road and not the addition of 1 home. '
20
21 Motion by Marks, second by Faust to approve lot width and lot area variance requests for
22 4XXX Fordham Drive, David Sperry, Buyer.
23
24 Motion carried unanimously.
25
26 . 3. Coppo Partners; for 2837 Anthony Lane South; rear,yard setback variance
27 request.
28 Stille explained that a request is recommended for approval by the Planning Commission
29 for rear yard variance request by Coppo Partners to construct a warehouse addition at
30 2837 Anthony Lane.
31
32 Marks asked what hardship was associated with this request. Stille stated the building
33 was built in 1972 while the zoning code was modified in 1978 and as such the code
34 created the hardship. Marks asked whether the proposed addition requires a variance
35 because of its placement in relation to the existing building. Stille stated the variance
36 relates to the whole structure because it was grandfathered in.
37
38 Faust stated the building is nonconforming at its present site, and the addition requires a
39 variance as it is being added to a nonconforming use.
40
City Council Meeting Minutes
May 25, 1999
Page 5
1 Motion by Faust, second by Thuesen,to approve a rear yard variance request by Coppo
2 Partners for 2837 Anthony Lane.
3
4 Motion carried unanimously.
5
6 B. Stuart Bonniwell will present the 1998 City Audit.
7 Ranallo welcomed Stuart Bonniwell and invited him to address the Council. Mr. Bonniwell
8 reviewed the 1998 City Audit Report, which he presented to the Council at their May 4, 1999
9 worksession for comments and questions. He added the changes to the final report were a result
10 of issues raised at that worksession.
12 Mr. Bonniwell noted an addition to the report on Page 4-5 of Exhibit A, an exhibit'of fund types
13 and account groups, to include the general fund, special revenue funds, debt service funds, and
14 capital project funds.
15
16 Mr. Bonniwell noted, under the column General Long-Term Debt in Exhibit A on Page 5, the
17 City currently has over$7 million in general long term debt. He added the remaining sections of
the report are concerned with details of the variance funds which were reviewed extensively at
the recent worksession.
20
21 Cavanaugh stated there appear to be only 2 recommendations in the report,pertaining to a parks
22 improvements fund and liquor inventory fund. He asked Mr. Bonniwell to review these
23 recommendations. Mr. Bonniwell stated the creation of a parks improvements fund would assist
24 the City in attracting funds to be spent in the future, similar to a capital project fund but
25 designated for parks.
26
27 Mr. Bonniwell stated, with regard to the liquor inventory system, an adjustment-was made to the
28 inventory at the end of 1998, and he recommends a quarterly reconciliation of funds in case of
29 discrepancy.
30
31 Cavanaugh asked how the Council should act on these recommendations. Mr. Bonniwell stated
32 last year's recommendations were addressed by City management. Mr. Mornson stated the parks
33 improvements fund issue will be addressed at the budget worksession. Mr. Bonniwell stressed
34 the importance of making funds more visible for parks improvements.
35
36 Cavanaugh noted Mr. Bonniwell's statement dated March 30 which was included in the meeting
37 packet but not referenced in the audit report. He stated he believes the information would be of
38 interest to the public and should be in the report. Mr. Bonniwell stated that is a separate letter
which is not typically included in the report of items which he felt might be of interest to the
Council. He added this is a standard practice.
41
City Council Meeting Minutes
May 25, 1999
Page 6
1 Ranallo noted the first paragraph of the report notes the financial condition of the City remains
2 strong. Mr. Bonniwell confirmed the City's finances are in good shape and have not eroded.
3
4 Motion by Marks, second by Faust to accept the 1998 City of St. Anthony Financial Report as
5 prepared by Stuart J. Bonniwell, Certified Public Accountant.
6
7 Motion carried unanimously.
8
9 C. Mark Flaten will be present to discuss renewal of the City's insurance.
10 Ranallo welcomed Mark Flaten, Berkley Risk Services, and invited him to address the Council.
11 Mr. Flaten reviewed the City's insurance renewal and premiums, noting those items which had
12 increased dramatically, such as automobile premiums due to the addition of 2 cars.
13
14 Mr. Flaten noted the general increase is mainly due to Worker's Compensation,related to an
15 increase in the City's payroll.
16
17 Mr. Flaten noted the Y2K coverage, which is optional, is dependent upon coverage for the City
18 from the League of Minnesota Cities, a decision on which is forthcoming and should be made
19 within 30 days.
20
21 Ranallo asked whether the City,would receive a dividend back this,year, and whether that was
22 reflected in these numbers. Mr. Flaten stated the dividend should have already been received by
23 the City and was not reflected in the renewal notice. Finance Director Roger Larson confirmed
24 the dividend had been received.
25
26 Marks asked, with regard to Y2K premiums, whether the City should expect to have it in place
27 and make the decision at a later date. Mr. Flaten stated the decision to take additional Y2K
28 coverage could be deferred.
29
30 Cavanaugh requested clear delineation of what is covered under the Y2K premium, and an
31 appreciation for issues which that policy will handle. Mr. Flaten stated the City should
32 determine whether major vendors and service,providers are Y2K compliant. Ranallo stated they
33 indicate they are compliant but the City is unsure.
34
35 Faust asked whether the City will indeed be insured by the League of Minnesota Cities for Y2K
36 issues if they find the City in compliance. Mr. Flaten stated the League will make an offer of
37 coverage if they find the City to be a good risk.
38
39 Cavanaugh asked for clarification with regard to the lack of competition among insurance
40 companies for the League. Mr. Flaten stated the League comprises an insurance pool which is
41 owned by its member cities, and its entities belong to this pool which produces good returns.
I
City Council Meeting Minutes
May 25, 1999
Page 7
1
2 Mr. Flaten drew the Council's attention to his letter of May 19 informing City staff that Berkley
3 should resign as the City's consultant due to a potential conflict of interest related to the League
4 of Minnesota Cities Insurance Trust. He expressed his enjoyment at working with the Council
5 over the years, and thanked them for their past relationship. He assured the Council that all
6 issues will be resolved before the relationship is ended.
7
8 Ranallo expressed his appreciation to Mr. Flaten of his hard work on behalf of the City, and
9 recalled Berkley's support when the City was unable to obtain insurance anywhere else. He
10 added Mr. Flaten's services have been greatly appreciated by the Council and Staff.
12 Marks agreed, noting that Mr. Flaten and Berkley have improved the City's insurance situation
13 significantly over the years.
14
15 Motion by Faust, second by Marks to approve renewal of the City's insurance coverage for 1999
16 with the League of Minnesota Cities Insurance Trust.
17
Motion carried unanimously.
D. Councilmembers.
20 Cavanaugh reported on his attendance at the St. Anthony neighborhood meetings, which were
21 well attended by interested residents. He requested that copies of Kim Moore-Sykes presentation
22 and the Y2K procedures be available as hand-outs at the last meeting. Ranallo noted these
23 copies had been available in the community center lobby at the first meeting.
24
25 Cavanaugh stated that information on the'Crime Watch program should be available at the
26 meeting as well,to provide residents with information regarding requirements and process, as
27 there seems to be much interest. He noted a resident had commended the Fire and Police
28 Departments at the 2nd meeting for their hard work.
29
30 Marks reported that a memorial service held recently in the Hennepin County Government
31 Center to honor officers who have died in the line of duty was very moving and inspirational.
32
33 Marks presented a tour schedule for the upcoming Rivakat Dance Group visit from Salo, Finland.
34 He encouraged interested residents to contact City staff about the family dinners evening,
35 particularly those with teenagers.
36
37 Faust stated he attended the neighborhood meetings, expressing his appreciation of resident's
38 support of the Police and Fire Departments. He added other departments deserve recognition as
well as they have a great impact on the City and are a real asset to the community.
City Council Meeting Minutes
May 25, 1999
Page 8
1 Faust stated the legislature adjourned on May 17, and some new rules which appear to be
2 paternalistic will not be insurmountable or burdensome.
3
4 Thuesen congratulated staff and all involved in planning the neighborhood meetings which were
5 a success. He recommended holding such meetings on a yearly basis to give residents an
6 opportunity to speak on various issues in a more informal setting than the Council meetings.
7
8 E. Maw
9 Ranallo stated the neighborhood meetings, which were a success, were attended by less than I%
10 of the population, which he finds disappointing considering the staff time and planning efforts
1 l required. He suggested residents might think things are going well within the City and have no
12 complaints.
13
14 F. City Manager.
15 Mr. Morrison brought to the Council's attention a memo prepared by Kim Moore-Sykes
16 outlining various grant programs. He added this was prompted by a recent discussion at which it
17 was suggested that the City is missing out on grant opportunities.
18
19 Mr. Morrison stated that Ms. Moore-Sykes had reviewed various financial sources and grant
20 programs, and indicated whether the City was eligible for these programs. He noted that the City
21 has been successful in obtaining $3.2 million in outside funding over the past 2 years, and has
22 requested another$2.6 million.
23
24 Mr. Morrison stated, in his opinion, no opportunities are being missed. He added he feels the
25 City has staff who are capable of applying for grant opportunities. He noted that both he and Ms.
26 Moore-Sykes have applied for grants independently in the past, and often fund recipients are
27 conceded before the grant process is completed.
28
29 Cavanaugh stated the resident was making the point about available grants, and perhaps there
30 was a communication problem. He suggested Mr. Mornson might provide a quarterly report on
31 grant applications and activities to the Council. Ranallo stated the City has been deficient in
32 making these activities visible.
33
34 Thuesen stated that while larger grants are more visible, he agrees that smaller amounts are
35 important and provide much.relief, and should be communicated to the public.
36
37 Morrison stated that 15 firms had recently walked through the public works facility, and 5 of
38 those firms submitted proposals to the City. He added the staff's recommendations will be
39 presented to the Council at the June 22, 1999 regular meeting, and the recommended firm will be
40 present to answer questions.
41
City Council Meeting Minutes
May 25, 1999
Page 9
1 Cavanaugh.stated he would prefer to have this discussion at a worksession. Ranallo agreed. Mr.
2 Morrison agreed to schedule this issue for discussion at upcoming worksession.
3
4 Mr. Morrison stated the 29th Avenue feasibility report will be deferred to the June 22, 1999 --
5 regular meeting. He added a neighborhood meeting was held with regard to the 2nd storage
6 pond, the intent of which was to reintroduce the issue and obtain permission from residents to
7 enter the property and do soils testing and survey work. He noted property owners were asked to
8 respond-by June 1, 1999.
9
10 Mr. Morrison stated a petition was filed with the Environmental Quality Board by the
11 neighborhood to have the City complete an Environmental Assessment Worksheet(EAW). He
12 added the Council will need to act on this, and staff is reviewing the options.
13
14 City Attorney Bill Soth stated the agency makes the determination of whether the petition is
15 proper and meets all regulations and requirements. He added the City can do nothing and see
16 what the agency determines. He noted, in any case,there is no urgency because no action is
17 currently being taken and no'permits are being issued.
Mr. Soth noted the purpose of the EAW is to determine whether an Environmental Impact
20 Statement is required. He added the EAW is completed with assistance from City-retained
21 engineers, and is a standard procedure. Cavanaugh asked whether WSB would be the best
22 choice. Mr. Soth stated WSB is already familiar with the project and would be a good choice.
23
24 Mr. Morrison reminded the Council of its joint worksession with the Parks Commission at 6:00
25 PM on Tuesday, June 1, 1999.
26
27 Mr. Morrison stated, with regard to the Salvation Army Camp property, he and Ranallo met with
28 members of the Suburban Hennepin Regional Park District to determine their interest in the
29 property and assess their overall position. He added they are not affiliated with the County, and
30 they indicated their willingness to work with the City on other possible projects.
31
32 Mr. Morrison noted the District develops regional parks which are preferably at least 200 acres
33 but can be as small as 100 acres. He added that they expressed their opinion that the property
34 would not be suitable'for a regional park as 1) their approval process is lengthy and time-
35 consuming; 2) their funding comes from bonding bill legislation which takes place next year, and
36 they are already requesting$26 million; and 3)the price is high.
37
38 Mr. Morrison stated the District has indicated willingness to work with the property's new
owners on a joint cooperative venture of some sort. He noted that the Salvation Army is in
negotiations with Heart of the Earth School.
40,
City Council Meeting Minutes
May 25, 1999
Page 10
1 Mr. Mornson stated he also met with representatives from Heart of the Earth, who indicated they
2 are in active negotiations and are close to,getting a final purchase agreement drafted. He added .
3 they expressed their willingness to cooperate with the city on accessibility issues and
4 collaborative efforts. He noted it was agreed that school officials would attend a joint City
5 Council/School Board meeting to discuss their plans for the property if they purchase it.
6
7 Cavanaugh asked whether the City is actively involved in planning since the moratorium was
8 imposed, and whether the Planning Commission is being kept informed. Mr. Soth stated the City
9 should be studying possible future uses for the property and changes in the Comprehensive Plan.
10 He agreed the Planning Commission should be,involved. Mr. Mornson agreed the Planning
11 Commission could study the issue and report back.to the Council.
12
13 VIII. PUBLIC HEARINGS-None.
14
15 IX. NEW BUSINESS.
16 A. Resolution 99-041, re: Approval of a tax impact study for the Salvation Army property.
17 Motion by Marks, second by Faust to approve Resolution 99-041, approving Springsted to
18 perform a tax impact study.
19
20 Motion carried unanimously.
21
22 B. Resolution 99-042, re: Approval of City's participation in the CDBG program.
23 Cavanaugh asked whether the City has pursued the possibility of participating in Ramsey
24 County's program. Mr. Mornson stated the City participates in both programs which are set up
25 differently.
26
27 Motion by Marks, second by Thuesen to approve Resolution 99-042, authorizing the execution
28 of a joint cooperation agreement between the City of St. Anthony and Hennepin County for
29 participation in the Urban Hennepin County Community Development Block Grant Program in
30 FY 2000-2002.
31
32 Motion carried unanimously.
33
34 C. Ordinance 1999-005, re: Park dedication(1st reading): and Resolution 99-043, re: Fees
35 for park dedication.
36 Motion by Marks, second by Faust to approve'Ordinance 1999-005 (1st reading), relating to
37 parks, amending Chapter 7, by adding a Section 701 to the 1993 St. Anthony Code of
38 Ordinances.
39
40 Motion carried unanimously.
41
City Council Meeting Minutes
May 25, 1999
Page 11
1 Mr..Soth requested the Council's consideration of issues which may arise with regard to the fees
2 before approving the 2nd reading of this ordinance. He added the,issue of what will be
3 considered in the 10% designation should be clarified.
4 _
5 Mr. Soth stated the City's fees are all included in one ordinance rather than in resolutions, which
6 is not a good practice. He recommended the issue should be referred to the Planning
7 Commission. Mr. Morrison stated the ordinance was proposed as it is easier to amend via
8 resolution.
9
10 Motion by Marks, second by Thuesen to table Resolution 99-043, establishing park dedication
11 fees for the City of St. Anthony.
12
13 Motion carried unanimously.
14
15 X. UNFINISHED BUSINESS.
16 A. Ordinance 1999-004, re: Right-of-way management (2nd reading).
17 Mr. Soth stated he was surprised at the length of the ordinance, which should be shorter to make
8 it easier to read and administer. Ranallo stated the ordinance was submitted by the Cable
Commission's attorney, and all cities involved have adopted it. Mr. Soth stated he would refer
20 his wording comments to Mr. Morrison.
21
22 Motion by Marks, second by Cavanaugh to approve Ordinance 1999-004, relating to managing
23 and regulating public right-of-way in the public interest and to provide for the issuance and
24 regulation of right-of-way permits by adding a new section 1165 to the 1993 St. Anthony Code
25 of Ordinances.
26
27 Motion carried unanimously.
28
29 XI. ADJOURNMENT.
30 Motion by Marks, second by Faust to adjourn the meeting at 8:38 P.M.
31
32 Motion carried unanimously.
33
34 Respectfully submitted,
35 Mary Mullen
36 TimeSaver Off Site Secretarial, Inc.
37
38 Mayor
39
0ATTEST:
41 City Clerk
Saint Anthony Village
DATE June 8, 1999 Approval:�N�7
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Approval
Multiple Dwelling License:-(Renewal)
Diamond 8 Terrace , 3200-3225 Diamond Eight Terrace
Lakehill Apartments, 3804 Highcrest Road
Apache Manor, 3817 Macalaster Drive
Saint Anthony Village
DATE: June 8, 1999 Approval:l"G
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Approval
Temporary 3.2 Beer Permit:
Honeywell Research Department Picnic/June 11, 1999/Central Park
Gallagher Family Picnic/July 18, 1999/Central Park
DORSEY & WHITNEY LLP
P.O.BOX 1680
MINNEAPOLIS,MINNESOTA 55480-1680
(612)340-2600.
('fax Identification No.41-0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
City of St. Anthony, Minnesota May 28, 1999
Attn: Mr. Michael J. Mornson Invoice No. 696941
3301 Silver Lake Road
St. Anthony MN 55418
For Legal Services Rendered Through 04/30/99
Client-Matter No: 178820=00047
General
Open Meeting Law Issues $ 330 . 00
Lot Combination - Michael Gibbs $ 190 . 00
. Municipal Liquor Laws
$ 580 . 00
Public Expenditures for Contributions
$ 785 . 00
Withdrawn Bid for Painting
$ 245 . 00
Moratorium Laws and Ordinance $ 860 . 00
WSB Contract $ 475 . 00
Arvid Johnson Subdivision Submitted by Sperrys $ 165 . 00
Review agenda materials and minutes;
discussions with City Manager $ 265 . 00
Total for Legal Fees $3, 895 . 00
Plus Disbursements Per Attached $ 50 . 59
Total This Invoice $3 , 945 . 59
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
85 E.SEVENTH PLACE SUITE 100
SAINT PAUL,NIN SSIOI-2837
6S1-223-3000 FAX:6SI-223-3002
SPRINGS'TED
Public Finance Advisors
DATE: May 14, 1999
TO: Mr. Roger Larson, Finance Director
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Re: Rebate Calculations
City of St. Anthony, Minnesota
$725,000 General Obligation Improvement Bonds, Series 1998A
TOTALDUE ................................................................ $1.300.00
I declare under penalty of law that this account is just and correct and that no part of it has been
paid. /
S INGSTED In.4corporat
BY•
BONNIE C. M
Payment is due on receipt of this billing. After 30 days interest will be charged on any balance
at the rate of 1% per month.
Rebate #:0720.AF
Admin. #: A3002.J1
SAINT PAUL,MN • MINNEAPOLIS,MN • BROOKFIELD,WI • OVERLAND PARK,KS • WASHINGTON,DC • DES MOINES,IA
a BA.Mittelsteadt,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 May 25, 1999
&Associates, Inc. FAX 541-1700
Invoice No: 01065.23-0000003
City of St. Anthony
Attn Michael Morrison
3301 Silver Lake Road
St Anthony MN -56418-1699
1999 Street, Utility, and Stormwater Improvement
Construction Services
Professional Services: April 1, 1999 through April 30, 1999
Professional Personnel
Hours Rate Amount
General
Viellieux, Loretta 2.50 40.00 100.00
Project Management/Coordination
Hubmer, Todd 14.00 69.00 966.00
Drawings/Layouts
Cartony, Timothy 12.00 51.50 618.00
Meetings
Hubmer, Todd 17.00 69.00 1,173.00
Ische, Steven 2.00 78.00 156.00
Kennedy, James 5.00 86.00 430.00
. Office Survey
Ische, Steven 2.00 78.00 156.00
Survey Comps
Helder, Peter 3.00 46.00 138.00
Totals 57.50 3,737.00
Total Labor 3,737.00
Reimbursable
Postage & Delivery
04/15/99 Postage 21.12
Total Reimbursables 21.12 21.12
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
Unit Billing
2-Person Survey Crew •
.16.0 Hours @ 96.50 1,544.00
3-Person Survey Crew
8.0 Hours @ 114.50 916.00
Construction Observation
59.0 Hours @ 55.00 3,245.00
Total Units 5,705.00 5,705.00
Total this invoice $9,463.12
Comments:
Approved by:
Principal: Peter Willenbring
Project Manager: Todd Hubmer •.
- B.A.Mirrelsteadt,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.
612-541-4800 Ronald B.Bray,P.E.
&Associates, Inc. FAX 541-1700 May
Invoicce e No:
01065.01-0000003
City of St.Anthony
Attn Michael Momson
3.301 Silver Lake Road
St Anthony MN 55418-1699
General Services -
Professional Services: April 1, 1999 through April 30, 1999
Professional Personnel
Hours Rate Amount
Project Management/Coordination
Hubmer, Todd 1.00 69.00 69.00
Research/Data Collection
Terveer, Louann 0.75 - 43.00 32.25
Totals 1.75 101.25
Total 101.25
Total this invoice $101.25
Comments:
Recommendation & quantity estimate for alley mill &overlay.
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
EQUAL OPPORTUNITY EMPLOYER
Ak 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,P.E.
. Ronald B.Bray,P.E.
612-541-4800 May 25, 1999
&Associates, Inc. FAX 541-1700
Invoice No: 01065.15-0000006
City of St.Anthony
Attn Michael Morrison
3301 Silver Lake Road
St Anthony MN 55418-1699
DNR& FEMA Grant Administration
Professional Services: April 1, 1999 through April 30, 1999
Professional Personnel
Hours Rate Amount
Project Management/Coordination.
Hubmer,Todd 3.00 69.00 207.00
Research/Data Collection
Terveer, Louann 1.00 43.00 43.00
Totals 4.00 250.00
Total Labor 250.00
Total this invoice $250.00
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
EQUAL OPPORTUNITY EMPLOYER
- B.A.Mirrelsteadt,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
&Associates, Inc. FAX 541-1700 May 25, 1999
Invoice No: 01065.16-0000007
City of St.Anthony
Attn Michael Morrison
3301 Silver Lake Road.
St Anthony MN 55418-1699
1/1 Study
Professional Services: April 1, 1999 through April 30, 1999
Professional Personnel
Hours Rate Amount
Report/Feasibility Study
Janski, Charles 7.50 86.00 645.00
Totals 7.50 645.00
Total Labor 645.00
Total this invoice $645.00
• Comments:
Approved by:
Principal: Peter Willenbring
Project Manager: Charles Janski
i
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
Ak BA.Mirtelsteadc,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
WSA8 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 May 25, 1999
Invoice No: 01065.35-0000003
City of St.Anthony
Attn Michael Morrison
3301 Silver Lake Road
St Anthony MN 55418-1699
1999 Flood Proofing Grant Program
Professional Services: April 1, 1999 through April 30, 1999
Professional Personnel
Hours Rate Amount
Project Management/Coordination -
Hubmer, Todd 2.50 = 69.00 172.50
Research/Data Collection
Terveer, Louann 0.75 43.00 32.25
Totals 3.25 204.75
Total Labor 204.75
• Total this invoice $204.75
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
EQUAL OPPORTUNITY EMPLOYER
B.A.Mittelsteadt,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
&Associates, Inc. FAX 541-1700 May 25, 1999
Invoice No: 01065.43-0000001
City of St.Anthony
Attn Michael Momson
3301,Silver Lake Road
St Anthony MN 55418-1699
Stormwater Basin Preliminary Design
Professional Services: April 1, 1999 through April 30, 1999
Professional Personnel
Hours Rate Amount
Research/Data Collection
Terveer, Louann 2.0.0 43.00 86.00
Totals 2.00 86.00
Total Labor 86.00
Total this invoice $86.00
• Comments:
t—
� J -
Approved by:
Principal: Peter Willenbring
Project Manager: Todd Hubmer
r
M i n n e a p o l i s S t . C l o u d
Infrastructure Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
BA.Mirtelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,RE.
8441 Wayzata Boulevard Peter R Willenbring,P.E.
Minneapolis, MN 55426 Donald W.Sterna,P.E.
. Ronald B.Bray,P.E.
612-541-4800 May 25, 1999
&Associates, Inc. FAX 541-1700 Invoice No: 01065.31-0000007
City of St.Anthony
Attn Michael Momson
3301 Silver Lake Road
St Anthony MN 55418-1699
Silver Point Park& Central Park Storm Water Improvements -
Construction
Professional Services: April 1, 1999 through April 30, 1999
Professional Personnel
Hours Rate Amount
General
Viellieux, Loretta 6.00 40.00 240.00
Zevenbergen, Carol 1.00 46.00 46.00
Project Management/Coordination
Hubmer,Todd 30.50 69.00 2,104.50
Drawings/Layouts
Steuernagel, Michael 6.00 51.50 309.00
Meetings
Hubmer,Todd 8.50 69.00 586.50
Research/Data Collection
. Terveer, Louann 0.75 43.00 32.25
Tabulation
Marshall, Nancy 2.50 40.00 100.00
Totals 55.25 3,418.25
Total Labor 3,418.25
Consultants
STS Consultants Ltd
05/20/9 STS Consultants LTD. Invoice No. 991259 1,914.92
Total Consultants 1,914.92 1,914.92
Minneapolis St . Cloud
Infrastructure Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
Unit Billing
2-Person Survey Crew
.35.0 Hours @ 96.50 3,377.50
3-Person Survey Crew •
13.0 Hours @ 114.50 1,488.50
Construction Observation
69.0 Hours @ 55.00 3,795.00
66.5 Hours @ 55.00 3,657.50
Total Units 12,318.50 12,318.50
Total this invoice $17,651.67
Comments:
Approved by: 4zzmw 019,..
Principal: Peter Willenbring
Project Manager:Todd Hubmer
BRC FINANCIAL SYSTEM ST. ANTHpSLy__V_lLLPLC
qA NK/25/99 15:23 ChecF Register GL540R-VO4.40 PAGE
VENDOR CHECK# DATE AMOUNT
FIRS FIRSTAR ST. ANTHONY CHECKING
000120 AMERI PRIDE 9550 06/09/99 . 15.00
0085.12 AMERICAN TEST CENTER, IN 9551 06/09/99 415.35
008339 AREA MECHANICAL, INC _ 9552 06/09/99 857.72
008511 AT & T WIRELESS 9553 06/09/99 50.29 - -
000320 BEISSWENGER APPLIANCE 9554 06/09/99 55.77
004037 BERKLEY INS. SERVICES I 9555 06/09/99 377.00
.00001 BRINKMAN/LAVON .9556 06/09/99 1.5.00
003714 BUILDING FASTENERS 9557 06/09/99 2. 15
008510 CARIBINER INTERNATIONAL 9558 06/09/99 422.23_
_ 007164 CARLSON EQUIPMENT CO 9559 06/09/99 108.69
_ 007386 CASTLE INSPECTION SERVIC 9560 06/09/99 1 ,921 .88
000610 CATCO CLUTCH & TRANS SVC 9561 06/09/99 17.02
008465 DETERMAN BROWNIE, ..INC . : .9562. 06/09/.99 384.00
008151 DIEGNAU/DANIEL' 9563. 06/09/99 15. 14
000200 EARL ANDERSON ASSOC 9564 06/09/99 36.09
008513 ELECTRIC PUMP/WALDOR GRO 9565 06/09/99 76.03
-- 000860 ENGSTROM/RICHARD 9566 06/09/99 29.55
001025 G & K SERVICES 9567 06/09/99 46.65
== 001030 G & K SERVICES 9568 06/09/99 389.01
:00002 GALLANT/MAURICE 9569 06/09/99 ' 15.00
. 007059 GOVERNMENT TRAINING SERV 9570 06/09/99 404.00
008127 GRAFIX SHOPPE 9571 06/09/99 147.00
001250 GRAINGER INC/W W 9572 06/09/99 63.90
007358 J . R. 'S APPLIANCE DISPOSA 9573 06/09/99 424.00
008514 JOHN'S SOD 957406/09/99 27 .30
001980 LEAGUE OF MN CITIES 9575 06/,09/99 180.00
008515, LIGHTNING DISPOSAL INC . 9576 06/09/99 1 ,340.00
_ 004233 LMCIT % BERKLEY RISK SE 9577 06/09/99 629.00
002395 M T I DIST CO 9578 06/09/99 106. 12
008516 MC CARTHY WELL COMPANY 9579 06/09/99 95.00
008193 MCFOA TREASURER 9580 06/09/99 30.00
+: 008197 MCI WORLDCOM 9581 06/09/99 50.92
008263 MCLEOD USA 9582 06/09/99 653.48
008509 MEDTRONIC PHYSIO-CONTROL 9583 06/09/99 288.49
002240 METRO COUNCIL ENVIRONMEN 9584 06/09/99 37,919.91
008467 MIDWAY FORD 9585 06/09/99 40.69
• 002280 MIDWEST ASPHALT CORP 9586 06/09/99 75.29
00734.0 MINNEAPOLIS FINANCE DEPT 9587 06/09/99 11,927.78
007131 MN DEPT OF HEALTH 9588 06/09/99 2,986.00
005168 OHL/JOHN 9589 06/09/99 90.22
007217 PARTS PLUS 9590 06/09/99 5.20
.00003 PAWLYSITYN/WALTER 9591 06/09/99 50.00
002820 PETTY CASH/FIRSTAR ST. A 9592 06/09/99 167.29
_ 008147 R $ T SPECIALTY, INC . 9593 06/09/99 85.88
003315 SERCO LABORATORIES 9594 06/09/99 35.00
008508 SIRCHIE FINGER PRINT LAB 9595 06/09/99 42.20
_ 006483 SKB 9596 06%09/99 178.00
.00004 SROGA/JOE 9597 06/09/99 50.00
BRC FINANCIAL SYSTEM ST._ANTHO.NY--VI_LLAG
05/25/99 15:23 Check: Register GL540R—VO4.40 PAG
z;
BANK VENDOR � CH K# DATE AMOUDLT b
1:
JJ
FIRS FIRSTAR ST. ANTHONY CHECKING
00.3490 STREICHER 'S 9598 06/09/99 63.79
007337 TIMESAVER OFF SITE SECRE 9599 06/09/99 294.00
003560 TRACY PRINTING 96SZQ 06/09/99 192.00
008372 U S WEST INTERACT SERVIC 9601 06/09/99 65.00
, 008010 UNIFORMS UNLIMITED 9602 06/09/99 228.60
008270 UNITED STATES POSTAL SER 96SZ3�6_LOS/99 b92-0.0 __
002700 US WEST COMMUNICATIONS 9604 06/09/99 64.00
_ 008517 VAUGHN DISPLAY & FLAG . 9605 06%09/99 305.44
.00005 ZIELINSKA/BARBARA 9,606--0-6L04199 15Q.00
FIRSTAR ST. ANTHONY CHECKING 55,305.07
ii
Aw-
4
-i
:u
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE
26799-1-1-:25 C'h e c P-Regis-t e r GLS,qOR=V0-4 O-P A-G E---1-
�'IK VENDOR CHECK# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
-- -008311---ALL SAINTS-B RANDS-DISTR.L 1-4949-05-10979 34:55----
004225 ALL.IANT FOODSERVICE 14950 06/09/99 477.51
008511 AT. & T WIRELESS 14951 06%09/99 43.79
--_ 00-4293---BELLBOY-CORP. 4952-667-G979 C'9:CS5--
004037 BERKLEY INS. SERVICES, I 14953 06/09/99 273.00
.00002 COMPLEX PAINTING 14954 06/09/99 2, 180.00
EAGLE--WINE_--CO 1-4955-66709799 —780.97"------
604130 ECOLAB 14956 06/09/99 149.05
004135 ELECTRO WATCHMAN INC 14957 06/09/99 111 .95
-- 00-4*47--FRITZ--COMPANY;INC: 74958-6600979 ,-ggr-.-4-4
.00001 GOOD MUSIC AGENBY, INC . 14959 06/09/99 225.00
004175 GRIGGS COOPER & CO INC 14960 06/09/99 11 ,206.51
---0041-99-. HARKER'S--DIST.;IN . 1-496-r-0-6-/-09799 . !SB5 ------
004201 HEGGIES PIZZA 14962 06/09/99 67.50
004220 JOHNSON BROS. LIQ. 14963 06/09/99 16, 112.43
----00'42*8--JOHNSON--PA'PER-&-SUPPLY- 4 6747-0-6-7'09799 --
002040 LILLIE SUBURBAN NEWSPAPE 14965 06/09/99 297.50
004266 MARKET MECHANICAL 14966 06/09/99 695. 10
_-004272- - --METZ --BAKING---CO ---- ---1-4967-'06109-/99 ----1-98:4B- ---
004345 OLD DUTCH FOODS INC 14968 06/09/99 101 .04
04354 PAUSTIS .&SONS 14969 06/09/99 700.-19
04360----PHILLIPS-WINE-&-SPIRITS 4970-067-09-/99— 4:0-,-392--50-----
008495 PRIMETIME TRADING COMPAN 14971 06/09/99 267 .00
004376 PRIOR WINE CO 14972 06/09/99 2, 137.71
-------00)4385- QUALITY --WINE--CD----- -------1-4973-0-6/09-t99 ---21;069'.-05--------
004386 R & D SALES, INC . 14974 06/09/99 1 ,064.00
008373 RM NELSON DBA ENVIRONME 14975 06%09/99 85.00
------004.450---STUART---DISTRIBUTING-CO 14976-05t09/99 ---16.50----
005004 SUPERIOR PRODUCTS 14977 06/09/99 692.25
004466 SYSCO-MINNESOTA 14978 06/09/99 1 , 191 .86
-------004.475- ----TRI TECH--DISPENSING- -----1-49-79-06t09-/9s7-- 64-00 ---
008270 UNITED STATES POSTAL SER 14980 06/09/99 100.00
008507 US FOODSF_RVICE 14981 06/09/99 139.90
---004490---VAL--PAK--OF-MINVESO'T A 14982-06t09C99 i-7-t'25.GrO --
.00003 VER-TECH 14983 .06/09/99 57.47
004497 WEYERHAEUSER 14984 06/09/99 25.00
--003840-----ZEP-MFG-COMPANY ----14985-06 `09-/9 -7-.5-7
LIQUOR CHECKING ACCOUNT 107,092.93 #
CITY OF ST. ANTHONY
ORDINANCE 1999-006
AN ORDINANCE RELATING TO MAYOR AND COUNCILMEMBER
SALARIES; AMENDING CHAPTER 2, SECTION 200.12,
SUBDS. 1 AND 2 OF THE 1993 ST. ANTHONY
CODE OF ORDINANCES
The City. Council of the City of St. Anthony hereby ordains:
Section 1. Chapter 2, Section 200.12 of the 1993 St. Anthony Code of Ordinances is
amended to read as follows:
200.12' Mayor and Councilmember Salaries
Subd. 1. Mayor. The salary of the Mayor is $498.00 per month.
Subd. 2. Councilmembers. The salary of each Councilmember other than the Mayor is
$345.00 per month.
Section 2. This ordinance shall be in effect January 1, 2000.
First Reading: June 8, 1999
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
•
STAFF REPORT
10 To: Michael Morrison, City Manager
From: Kim Moore-Sykes,Management Assistant J,(
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 (L.MQ 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 ANEW SECTION 1165
AND AMENDING SECTION 615.07
OF THE 1993 ST. ANTHONY CODE OF ORDINANCES
The City Council of the City of St. Anthony hereby ordains:
Section 1. A new Section 1165 is hereby added to the City's Code of Ordinances to read in full as
follows:
Section 1165 - RIGHT-OF-WAY MANAGEMENT
Section 1165.01. Findings and Purpose.
Subd. 1. 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. 216B.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.
Subd. 2. Business District. Those portions of the City known as St. Anthony Shopping
Center in the south end of the City and Apache Plaza in the north end of the City.
Subd. 3. Cily The City of St. Anthony, Minnesota, its elected officials, officers,
employees, agents or any other commission, committee or subdivision of the City acting
pursuant to lawfully delegated authority.
Subd. 4. Cily 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. City Inspector. Any person authorized by the City to carry out inspections related
to the.provisions of this Section.
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 Section,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.
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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.
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 n atural or c orp orate person,business as sociat i on, or other bus iness
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 Section.
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.
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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-Way. 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.
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. 21613.02. 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 Ri ht-of-Wa User. A erson ownin or controlling a •
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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 not 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 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 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.
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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 service that 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.
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. l(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 maybe 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 Section. Sixty 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, except as permitted in Subd. 3 of this Section, 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 Section.
Section 1165.05. Right to Occupy Rights-of-Way, Pgyment of Fees.
Subd. 1. Any person required to register under Section 1165.04, which occupies, uses, or
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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.l 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
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. Reaistration 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 a-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,
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• 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 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
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.
(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.
(fl Such other information as the City ty ma 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 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,
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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.
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
proj ects.
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 next-year project of .
another registrant that was listed by the other registrant.
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• 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. T
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
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:
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(1) permit fees and costs due;
2 prior obstructions or excavations';
( ) P ,
(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.
(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,and •
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 fee 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
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• applicant shall agree(in manner,amount,and substance acceptable to the City)to pay such
fees within 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.
Section 1165.13. Right-of-Way 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
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
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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,
(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 for 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 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 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 11.65.14. Joint Applications.
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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.
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
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prohibited or when conditions are unreasonable for such work.
Subd. 3. Interference with Right-of-Way. A ermi -
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.
Section 1.165.17. 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 an project which requires the excavation of an portion of a right-of-
way( ) YP J q YP
which was constructed or reconstructed within the preceding 5 years;
(e) to any person who has failed within the past 3 years to comply, or is
presently not in full compliance, with the requirements of the Section.
(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:
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• (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 Orin other rights-of-
way.equipment of the permit applicants;
(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
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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 1165.19. Inspection.
Subd. 1. Notice of Completion of Work. When the work under any permit hereunder is
completed,the permit holder shall notify the City.
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. Authori1yof 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 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 require_d
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 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 City becomes aware of an emergency regarding a registrant's 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.
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• Section 1165.2 1. 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 _
with Minn. Stat.237.163, Subd.4,to revoke any right-of-way permit,without fee refund, in
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
maybe 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 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
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reasonably implement the approved plan shall automatically ace the permit holder on
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probation for 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
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.
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 1 full year, except for emergency's repairs.
Subd.6. Reimbursement of Cijy 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 Anneals.
Subd. 1. Anneal Process. If an applicant has been denied registration,a right-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. 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.
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.
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• 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 5 years after the date of passage of this ordinance.
After 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 Section.
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 1165.25. Location of E ui ment.
Subd. l. Undergrounding. Unless otherwise permitted by an existing franchise or Minnesota
Statue 216B.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 inconformity 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.
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
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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.
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
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• excavated shall mark the horizontal and approximate vertical placement of all said equipment. Any
registrant whose equipment is less than 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 11.6.28. 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 30 days from
the date of billing.
Subd. 2. Responsibility of Re ism 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,
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.
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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. Na registrant is entitled to rely on the provisions of this Section, and no special •
duty is created as to registrant. This Section 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:
(1)purchase the equipment; or
(2) require the registrant, at its own expense,to remove it; or
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(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 Re ug latory 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 subject 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
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 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,
• -23-
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. Section 615.07 is amended by adding a new item No. 21 to read as follows:
Fee No. Code No. Purpose Amount
21 1165 Right-of-way management:
Registration Fee $40.00
Excavation Permit Fee:
a)Hole $125.00
b) Trench $70.001100 lineal foot
(plus hole fee) •
Obstruction Permit Base Fee: $50.00 plus .05/lineal foot
Permit Extension Fee: $55.00
User Fee: $20.00
Plus adjacent to Residential property: $0.1375/lineal foot
Plus adjacent to Commercial property: $0.30/lineal foot
Degradation Fee City's cost to return structural
integrity to right-of-way
Delay Penalty:
Total penalty charge: $60.00
(up to 3 days late)
Each day late over 3 days: $60.00 plus
$10.00/day
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1. . .• �.
• Section 3. This ordinance shall take effect.following its passage and publication according to law.
First reading: May 11, 1999
Second reading: May 25, 1999
Adopted: June 8, 1999.
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
•
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