HomeMy WebLinkAboutCC PACKET 06021998 Meeting Sheet
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106477
Box: 37
Folder: CC PACKETS 1998
Document: CC PACKET 06021998
I
CITY OF ST. ANTHONY
PARKS PUBLIC INFORMATION MEETING
June 2, 1998
6:00 PM to 7:30 PM
City Hall/Community Center
6:00 PM to 6:30 PM View various pieces of park equipment
by different vendors.
6:30 PM to 7:15 PM Welcome and open the meeting by
Mayor Ranallo.
Bob Kost of BRW, Inc. will do a
presentation of Central Park and
discuss phase approach to implement
improvements.
Pete Willenbring, of WSB, Inc. will do
a presentation of Silver Point and
Emerald Parks plan and schedule.
7:15 PM to 7:30 PM Questions and Answers period.
Closing remarks by Mayor Ranallo.
05/27/98 09:42 FAX 6123701378 BRW, INC. 0002/004
BRW
MMMM A DAMES 8 MOORE GROUP COMPZ_ -
Thresher Squ=
700 Third S=ct South
Minneapolis,Minnesota 55415
612 370 0700 Tel
May 27, 1998 612 370 11378 Fax
www.brwinc.com
Mike Mornson
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418-1699
RE: St.Anthony Parks
Dear Mike,
Following the City Council meeting of April 28 and our follow-up conversation,we have
prepared this letter outlining our recommendations for redevelopment of the parks in
St. Anthony. We understand the need to balance the community's desire to see some immediate,
. tangible and meaningful improvement to the City's parks with the extensive re-grading and
reconstruction recommendations suggested by the flood control task force. We hope that the
funding of the recommended flood control improvements can serve as a foundation for
additional park improvement";.
City Wide Park Improvements
Based upon the recommendations by the City's flood control consultant and task force, Silver
Point Park and Emerald Park will need extensive drainage related earthwork to reduce the threat
of flooding within the surrounding neighborhoods. This earthwork will necessitate
reconstruction of most of the recreational facilities within these two parks. It seems logical that
the City schedule upgrading these parks to coincide with the flood control improvements. While
the flood control work suggested for Central Park is relatively minor when compared to the other
two parks, it may economically beneficial to tie this work in with the more extensive earthwork
suggested in the recent Central Park Master Plan. In conclusion,we recommend the following:
• Combine flood control construction together with park improvements.
• Construct improvements oue park at a time to minimize disruption to sports and leisure
activities within the community.
• Pursue cross funding of improvements.
• Consider implementing the Central Park Master Plan improvements in several phases, as
funding allows.
offices Woddwlde
05/27/98 09:43 FA% 6123701378 BRW. INC. 0003/004
. BRW
A DAMES i M6ORE GROUP-
Mike Mornson
May 27, 1998
Page 2
Central Park—Next Steps
The redesign of Central Park has conceptually advanced to the point where detailed design and
engineering are prudent. These tasks are necessary to validate the estimated earthwork costs and
phasing suggested in the reecrit park master plan. We recommend the number of construction
phases be limited to two in order to minimize consulting fees and to maximize competitive
bidding of construction costs. The following preliminary work program outlines the tasks
typically performed by the consultant in a proj cot of this nature:
I. Field Surveying
• Obtains accurate site data such as elevations,locations of utility lines,buildings,trees, etc.
• Translate field data into a base map for accurately engineering proposed park
improvements.
11. Preliminary Site Engineering and Design Development
• Translate conceptual park master plan to fit site survey/base map.
• Prepare preliminary site engineering plans.
Prepare preliminary earthwork and site development cost estimate.
• Prepare a preliminary construction phasing plan outlining the park area and work to be
completed in each phase.
• Prepare graphics for depiction of design development efforts to the community.
M. Public Input/Comnnunity Meeting
• Facilitate public input session.
• Present park plans and cost estimates.
IV. Final Park Plan and Site Engineering Documents (for each Phase)*
• Define park plans based upon comments,suggestions, etc.
• Prepare construction documents for each phase of construction: plans,specifications and
. bid forms.
* Each phase of constructi.on will require a final package of construction documents for
bidding.
offices wodc w&-
05/27/98 09:43 FAX 6123701378 BRW, INC. IN04/004
.
atom
V RW
A DAMES S MOORE GROUP COMPkgy
Mike Mornson
May 27, 1998
Page 3
Public Hearing and AdverthRement for Bids
Bid Letting**
Award Construction Contract**
Construction**
** Construction related services are not included-in the fee estimate. They vary in cost based
upon the scope of involvement.Typically, a full service scope of construction administration,
layout, staking and inspection runs between 7%and 9% of the final construction contract
price.
Meetings
Regular review meetings with the public works director,Parks Commission and others would be
part of the design and engineering process.
Fees
Task I,Field Surveying $19,000$58,500***
Tasks II—VII(including two bid packages)
*** Fee is based on 9%of estimated preliminary construction costs.
We hope this information is helpful in guiding the City's decision making process. We are
excited about building upon�dl the work has done so far and look forward to assisting
St. Anthony in the creation o:f a parks system that we can all be proud of.
Sincerely,
BRW,INC.
f"/-70-4
Bob Kost,ASLA
Project Manager
13K/dc
c: Jon Horn,PE-BRW,Bic.
File 35185-001-9901
U M PLWPo
UP=Woddwwe
1
CITY OF ST. ANTHONY
CITY COUNCIL WORK SESSION AGENDA
June 2, 1998
7:30 PM
Council Chambers
Pa a(s)
I. CALL TO ORDER.
II. ROLL CALL.
III. DRAFT OF ORDINANCE RELATING TO POINT-OF-SALE . . . . . . . . . . 1 - 9
IV. DISCUSSION OF COMMUNITY CENTER ROOM
USAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 14
• V. DISCUSSION OF PLANS FOR THE STONEHOUSE AND
REVIEW PROFIT PLAN FOR ENTIRE OPERATION
(Mike Larson will be present) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 25
VI. CITY MANAGER'S UPDATES:
A. Tires Plus request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 - 28
B. Certification of Local Performance Measures . . . . . . . . . . . . 29 - 31
C. Review resolution acknowledging flood funding
assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 - 34
D. Discussion of logo and color of water tower.
E. Discussion of process for Park Commission
interviews (June 30 - 6 or 7 PM?) . . . . . . . . . . . . . . . . . . . 35 - 36
F. Proposed telecommunications ordinance
(attached to packet).
G. Dick Enrooth is on the Hennepin County
Solid Waste Management Committee.
He would like to know Council's views and
concerns on this subject.
VII. OTHER BUSINESS.
VIII. ADJOURNMENT.
III. DRAFT ORDINANCE RELATING TO POINT-OF-SALE.
•
1
. MEMORANDUM
DATE: April 23, 1998
TO: Michael J. Mornson, City Manager
FROM: Kim Moore-Sykes, Management Assistant IM9
ITEM: Proposed Point-of-Sale Ordinance rr
I contacted and received several copies of point-of-sale ordinances from the League. I
also contacted St. Louis Park directly and received, in addition to a copy of their
ordinance, copies of informational brochures that are given to residents when they
decide to sell their property and their evaluation report form.
Attached is a proposed Point-of-Sale Ordinance for the City that is basically the one
used by St. Louis Park that also incorporates language and items that are particular to
St. Anthony and its City Code. I gave copies to the Planning Commission for their
review and comments. It was discussed at the April Planning Commission meeting and
their suggestions have been incorporated into the proposed ordinance.
• CITY OF ST. ANTHONY
ORDINANCE 1998-abc
AN ORDINANCE RELATING TO POINT-OF-SALE HOUSING
EVALUATIONS, AMENDING CHAPATER 13 OF THE 1993
ST. ANTHONY CODE OF ORDINANCES, BY ADDING
SECTION 1306
The City Council of the City of St. Anthony hereby ordains:
Section 1. Chapter 13, BUILDING, HOUSING, CONSTRUCTION, AND SIGNS, is
amended to add Section 1306 as follows:
Section 1306 - POINT-OF-SALE HOUSING EVALUATIONS
1306.01 Purpose. The purpose of this Section of the City Code is to enhance the
supply of safe, sanitary and adequate housing and to prevent the deterioration of the
overall housing stock in the City of St. Anthony, thereby protecting the general health,
safety, and welfare of the residents.
1306.02 Definitions. The following words and terms, when used in this Section shall
have the following meanings, unless the context clearly indicates otherwise:
Subd. 1. Dwelling and Dwelling Unit. A building or portion thereof, designed
or used predominantly for residential occupancy of a continued nature, including
1-family dwellings, 2-family dwellings, apartment buildings, and rooming units,
but excluding hotels and motels.
Subd. 2. Dwelling Multiple. A building with two or more living units in
common ownership, one or more of which is rented or available for rent, but
excluding hotels, motels, hospitals, nursing homes, and homes for the aged.
Subd. 3. Dwelling, Single-Family. A dwelling designed to accommodate one
family.
Subd. 4. Dwelling, Two-Family. A dwelling designed to accommodate two
families in separate dwelling units, each unit with its own means of access.
Subd. 5. Evaluation Report. A written report prepared and signed by a private
housing inspector licensed by the City of St. Anthony on a form in compliance
with Section 1306.03 of this Code.
3
• Subd. 6. Hardship. The inability of the seller to make the required repairs,
including but not limited to economic circumstances, illness, death, weather, or
other unforeseen events.
Subd. 7. Immediate Hazard. A condition or defect which is likely to cause
injury to a person or property if not corrected.
Subd. 8. Licensing Requirements. A private housing inspector contracted to do
business in the City of St. Anthony must first comply with licensing
requirements as stated in Section 500 of the City Code.
Subd. 9. Mobile Home. Any vehicle which is designed, constructed, and
equipped for use as a dwelling place, living abode, or living quarters and having
no foundation other than wheels, blocks, jacks, or skirting.
Subd. 10. Owner's Agent. A person who acts for or has the power or authority
to act for the owner of a dwelling.
Subd. 11. Sale. The transfer of the title or possession of a dwelling whether or
not absolute title is transferred.
Subd. 12. Structure. Anything constructed, moved, or erected and the use of
. which requires location on the ground or attached to something having a
location on the ground, but excluding fences, sidewalks, retaining walls, and
items of an ornamental or decorative nature.
Subd. 13. Unit. A room or group of rooms in a multiple dwelling used or
intended to be used as a residence by an individual, family, or other group
maintaining a common household.
Subd. 14. Vacant. A dwelling which is not occupied.
1306.03 Evaluation Report.
Subd. 1. Requirement. Except as set forth in this Section, no single-family
dwelling, two-family dwelling, mobile home, or a unit in a multiple-family
dwelling located in the City may be voluntarily offered for sale or conveyed by
deed or contract for deed until the owner or owner's agent has first applied for
and secured a structure evaluation report prepared by a private housing inspector
licensed by the City of St. Anthony to perform such inspections. A separate
evaluation report shall be prepared for each dwelling or structure.
No person shall offer for sale by exhibiting or showing a dwelling or structure
• within the City without first having obtained an evaluation report and an
inspection as described in this Section. The evaluation report shall be
2
• conspicuously displayed for inspection at the premises at all times that such
dwelling or structure is being offered for sale.
Subd. 2. Occupancy y Buyer. A valid evaluation report must be completed
for the dwelling in question and shall be provided to the buyer before or at the
time of sale of the dwelling or structure. The buyer shall not occupy the
dwelling or structure prior to issuance of the evaluation report.
Subd. 3. Valid Evaluation Report. If the dwelling or structure is in compliance
with the requirements of this Section, the evaluation report shall state that the
dwelling or structure has been inspected and is in conformance with this Section
of the City Code. An evaluation report is valid for 1 year from the date of its
issuance. The report is valid only for the owner listed on the report.
1306.04 Exceptions. The provisions of this Section do not apply to:
Subd. 1. New Construction.Any newly constructed dwelling or structure when
title is transferred to the first owner.
Subd. 2. Sale to a Public Entity. The sale or transfer of title of any dwelling or
structure to a public entity.
. Subd. 3. Demolition. The sale or transfer of title of any dwelling or structure
for the purpose of demolition.
Subd. 4. Conveyance by Sheriff or other Public or Court Officer. The sale or
conveyance of any dwelling or structure by a sheriff or other public or court
officer in the performance of their official duties. This exemption does not
apply to the sale of a dwelling or structure by a person appointed by a probate
court.
Subd. 5. Apartments. As regulated by Section 570 of this Code.
1306.05 Inspector Requirements.
Subd. 1. Inspector License Required. No person, other than a licensed private
housing inspector, shall conduct housing inspections or complete a housing
evaluation report without first having received a license from the City.
Subd. 2. Application Process. Any person desiring a license to conduct
housing evaluations for the City shall make a written application to the City.
The application for such license shall state the name and address of the applicant
and such other additional information as the City Manager may require. The
• application shall contain a hold harmless and indemnity provisions running from
3
5
• the applicant to the City of St. Anthony and be signed by the person to whom
the license will be issued.
Subd. 3. Application Fee. The application form shall be accompanied by a
non-refundable inspector license fee in accordance with Section 500.01 of this
Code.
Subd. 4. License Denial, Suspension, and Revocation. The license for any
private housing inspector may be denied, suspended or revoked in accordance
with Section 500.13 of this Code, and as may be amended.
1306.06 Duties of Housing Inspectors.
Subd. 1. Professional Compliance. The private housing inspector shall comply
with the following:
(a) Maintain a current license with the City;
(b) Conduct inspections of properties being offered for sale and
conduct all evaluations within the City's program guidelines;
(c) Meet required continuing education requirements as established
by the profession;
(d) Provide a certificate of insurance showing proof of general
liability insurance and professional liability insurance with a
company authorized to do business in the State of Minnesota;
(e) Keep the City apprised of current personal mailing address and
telephone number; and
(f) Agree to adhere the industry's code of ethics in performance of
housing inspection duties.
Subd. 2. Compliance to Housing Inspection Program. Each housing inspector
is required to comply with the following procedure for preparing and filing
housing evaluation reports:
(a) The evaluation report must be either typewritten or legibly
printed in ink on forms furnished by the City. The report shall
indicate whether the condition meets the City of St. Anthony
housing standards, is below the City of St. Anthony housing
standards or is deemed to be hazardous at the time and date of the
evaluation.
4
• (b) The inspector shall submit the original housing evaluation report
to the seller. A duplicate shall be filed with the City within 10
calendar days after the evaluation has been made.
Section 1306.07 Correction of Immediate Hazards. The following items, when
determined by the inspector to be unsafe, shall be identified as immediate hazards in the
evaluation report:
Subd. 1. Heating Systems:
(a) Burned out or rusted heat exchangers;
(b) Burned out, rusted or plugged flues;
(c) No vent;
(d) Connection with unsafe gas supplies; or
(e) Incapacity to adequately heat the living space.
Subd. 2. Water Heaters:
(a) Burned out, rusted, corroded or faulty heat exchangers;
(b) Burned out, rusted, corroded or plugged flues;
(c) No vents or inadequate venting;
(d) Unsafe connection to gas supplies; or
(e) Lack of temperature and pressure relief valves.
Subd. 3. Electrical Systems:
(a) Overloading or inadequate circuits or outlets;
(b) Damaged or deteriorated electrical equipment;
(c) Improperly tapped or spliced wiring;
(d) Exposed uninsulated wires;
(e) Temporary distribution systems; or
• (f) Ungrounded systems.
5
7
• Subd. 4. Plumbing Systems.
(a) Leaking waste systems, fixtures or traps;
(b) Lack of an operating toilet;
(c) Lack of washing and bathing facilities;
(d) Cross connection of municipal water supply with fixtures or
sewage lines;
(e) Sump pump or other passive storm water drainage systems
emptying into the inside sanitary sewer system;
(f) Abandoned wells that have not been properly capped.
Subd. 5. Structural Systems.
(a) Walls, chimneys, ceilings, roofs, foundations, floor systems, or
decks which are determined to be inadequate of carrying imposed
loads.
(b) Exterior roofs, walls, chimneys, and foundations that are not
weather tight and water tight to the extent that it creates an
immediate hazard.
(c) Abandoned fuel tanks.
(d) Refuse, debris, garbage, human waste, decaying vermin or other
dead animals, animal waste, vermin infestation or other materials
rendering residential building and structures unsanitary for human
occupancy.
(e) Lack of properly located and operational smoke detectors.
Subd. 6. Occupancy. No occupancy shall be permitted of any dwelling unit or
structure if vacant and an immediate hazard exists. If the dwelling unit or
structure is occupied and an immediate hazard exists, corrective action shall be
taken immediately by the owner or the owner's agent.
Subd. 7. Responsibility for Corrective Actions. When correcting identified
hazards, the owner shall obtain all necessary permits from the City and the
premises shall be subject to City inspection prior to occupancy of the dwelling.
If, due to hardship, the owner cannot undertake corrective action, the buyer may
6
• elect to correct immediate hazards identified in the housing inspector's report.
A buyer intending to correct immediate hazards must have written consent from
the City. Such written consent may be subject to terms and conditions
including:
(a) A signed agreement from the buyer accepting responsibility for
correction of the hazardous items;
(b) Reasonable completion dates;
(c) Evidence of financial ability to perform the corrections; and
(d) When the buyer expects to occupy the dwelling or structure.
If the owner is a government agency or if an agreement exists between the
owner and the buyer that the buyer will correct immediate hazards as part of a
remodeling project, the buyer may correct the immediate hazards identified in
the housing evaluator's report. A buyer intending to correct immediate hazards
must have written consent from the City. Such written consent may be subject to
terms and conditions including:
(a) A signed agreement from the buyer accepting responsibility for
correction of the hazardous items;
(b) Reasonable completion dates;
(c) Evidence of financial ability to perform the corrections; and
(d) When the buyer expects to occupy the dwelling or structure.
1306.08 Penal .
Subd. 1. Owner. The failure of any owner, agent of the owner, or buyer to
comply with the provisions of this Section or to comply with an order issued by
the City pursuant to this Code shall be a misdemeanor.
Subd. 2. Housing Inspector. The failure of any housing inspector to comply
with the licensing provisions of this Section shall be a misdemeanor.
Subd. 3. Other Enforcement Provisions. The City may also enforce provisions
of this Section by mandamus, injunction, or other appropriate remedy in a court
of competent jurisdiction.
1306.09 Implied Warranties/ Warranty Limitations. Nothing in the housing
inspector's report shall guarantee or warrant that a dwelling or structure meets all
7
• minimum maintenance, housing, and building standards. Evaluations conducted
pursuant to this Section are made in order to improve the overall housing stock in the
City. The report issued by an inspector is not a guarantee or warranty to any individual
buyer, seller, or renter regarding the condition of the individual dwelling, nor is the
report intended for the special benefit of any individual.
1306.10 Severability. If any section, subsection, sentence, clause, or phrase of this
Section is for any reason held to be invalid, such a decision shall not affect the
validity of the remaining portions of this Section.
Section 2. This ordinance shall be in effect for dwellings and structures offered or listed
for sale by exhibiting or showing as of the date of its publication.
First Reading:
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Published in the St. Anthony Bulletin
8
IV. DISCUSSION OF COMMUNITY CENTER
ROOM USAGE.
1 �
FACILITY USAGE
COMMUNITY CENTER
CITY OF ST. ANTHONY
The Community Center belongs to the residents of St. Anthony. The meeting
rooms, the gymnasium and the facilities of the Community Center are the City of
St. Anthony's greatest assets. Providing groups and organizations an opportunity
to utilize these facilities is an important part of using our resources to the fullest.
The City of St. Anthony will be responsible for coordinating rental and scheduling
use of the Community Center facilities. Fees will be charged for using the facilities
when appropriate. These fees help to cover the cost of maintaining the facilities
that are beyond normal operating and maintenance costs. A schedule of fees and
when they will be charged is listed below.
Procedures
1 . Obtain a facility usage form from the City of St. Anthony by calling 789-
8881 or stopping by the City Hall, 3301 Silver Lake Road, St. Anthony.
2. File the application with the City as soon as possible to insure that the
facilities are available for your use on the date of your event. The scheduling
of all events are on a first come basis.
3. The applicant/organization agrees to assume all responsibility for damage or
liability of any kind and further agrees to hold the City or the School District
harmless from any liability and/or expense in connection with the use of the
Community Center facilities under this agreement. The City may require the
applicant/organization to furnish a certificate of insurance to guarantee the
conditions of this agreement or any liability incurred by it. Payment of any
fees is required when the application is filed with the City.
4. Cancellations must be made 72 hours in advance of the scheduled event.
Notices received later than 72 hours will be subject to 50% of the rental rate
as a cancellation fee.
5. The City of St. Anthony reserves the right to cancel any reservation should
the need arise. Cancellation would result if an emergency condition is
declared. Instances of an emergency might include the institution of state
energy conservation regulations, closure of the facilities due to the eminent
possibility of dangerous weather conditions or a public health threat, or the
immediate need for a public hearing. Should cancellations occur for the
above-stated reasons, the City would try to find other accommodations or
reschedule.
) I
Rules
• Mutual consideration and respect are needed in order to provide usage of the
Community Center. The following rules exist to protect these facilities that are
owned by the City and its residents. They will be adhered to when using these
facilities.
1 . Regularly scheduled and publically noticed activities of the City shall have
first priority in the use of the Community Center facilities.
2. City equipment (i.e., chairs, tables, etc.) is available but must be requested
at the time of the application for use of the facilities. The appropriate fees
will be charged.
3. It is the renting organization's responsibility to clean up the facility being
used. There will be additional charges for take down and clean up if the
renting organization does not fulfill their obligations in returning the room to
its original order.
4. All activities must be supervised by an adult, (21 years or older). Applicants
must supply additional special supervision that they require, i.e., police
protection, parking lot attendants.
5. The renter is liable for personal injury or property damage.
• 6. Soft-soled shoes will be worn on the gymnasium floor.
7. Decorations must be fireproof. Putting materials on the floors, walls or other
structures of the building must be reviewed with City Staff and listed on the
application.
8. Facility usage permits shall be cancelled for just cause.
9. To assist you with any problems with the facilities when there is no City or
janitorial staff available, please call the St. Anthony Police non-emergency
number (525-6215) and request an officer to meet you at City Hall. For your
convenience, a pay phone is located in the main hall near the restrooms.
Rental Fees
Applicants/Organizations desiring the use of the facilities are classified into the
following categories:
Class A: School organizations, community groups or not for profit individuals
providing services or activities for the youth of I.S.D. #282, non-profit community
groups and local civic organizations (i.e., Chamber of Commerce, Kiwanis, Scouts,
. Orchestra). Certain circumstances may require fees.
iz
Class B: Political groups and religious/church organizations. School
• organizations other than SANB I.S.D. #282, community groups or not for profit
individuals providing service for activities for non-resident youth, non-profit
comminity groups and local civic organizations that are not located in St. Anthony.
Class C: Commercial and business organizations. Community Services
andSchool activities are paid for with the lease between the City and the School
District, therefore, there will be no charge for their activities under Class A. New
uses may be subject to new charges, depending on operating and maintenance
costs of the new uses. The Sports Boosters charge for janitorial services is made
up with their $10,000 contribution.
Council Chambers
Class Fee
A $15.00/Hour
B $35/Hour*
C $100/Hour
Gymnasium
Class Fee
A $25.00 Maintenance Fee (4 hrs. of
useage)
B $30.00/Hour
. C $50.00/Hour
Kitchen
Class Fee
A $15.00/Hour
B $20.00/Hour
C $30.00/Hour
Community Meeting Rooms
Class Fee
A No Charge
B $10.00/Hour
C $20.00/Hour
Additional Personnel
The need for additional personnel will be determined by the City at the time of the
permit application. *No extra charge will be made for custodians at times when
they are regularly on duty.
Custodial $31 .00/0 .5)Hour
$41 .00/(double-time)Hour
. $51 .00/Hour Holiday Pay
Multi-Pur a Rooms/Gym SchedulingNquests May�T1998
Feb thru May 1998
Unable to Accommodate
Corn
LF,0To, :AN tv
February 8th Wedding Party Multi-purpose We do not book private parties
February 15th Individual wanted to shoot baskets on Saturday Gym Quoted rates and referred to Comm. Svc.
Potluck Dinner Multi-purpose Group to large
Ethnic Dinner Cameroon Student Society Multi-purose Quoted rates, but I never heard back.
February 22nd Church Group Multi-purpose Room Booked
March 1st Roseville Hockey Practice Gym Quoted rates, but I never heard back
Resident wanted to play basketball in the gym with Gym Quoted rates and also referred him to CS
several friends. for an open gym program.
March 8th 0
March 14th Hockey Practice Gym Room Booked
March 22nd 0
March 29th Food Demo Party Multi-purpose Room Booked
Home make-up party Multi-purpose We do not book private parties
High School Marching Band wanted to use facilities Multi-purpose We do not allow overnight stays.
for a sleepover.
Wedding Anniversary party Multi-purpose We do not book private parties
April 5th Dinner and Dance for over 500 people Multi-purpose Group to large
April 12th 0
l�1
Schedulin�uests Ma 2'r 1998
Multi-Pure se 9 q Rooms/Gym Y
Feb thru May 1998
p ry�y' �+ Unable to Accommodate tt
r.1. .0 - ul .kY!7 !� J L_ & k
April 19th Tai-Kwan Do Tournament Gym Room Booked
April 26th 0
May 3rd 0
May 10th 0
May 17th NE Community Development Multi-purpose Rooms not adequate for their meetings
May 24th Resident wanted a room for a kids birthday party. Multi-purpose We do not book private parties
She rented the pavilion in Central Park, but wanted
a room in the Community Center as a back-up in case
of rain.
A non-profit educational opportunity organization Multi-purpose Rooms are occupied during the day.
wanted to rent the multi-purpose room for meeting
August 11th & 12th during the day.
Nativity Church wants to rent the multi-purpose room
for a pick-up location for their youth group. They
have not called back to confirm. They may use the
parking lot in front of the Community Center.
The majority of time we tum down room requests is because the rooms are already booked
or they request the rooms for private parties. We maintain a full schedule seven days a week
from fall to spring renting to Community Services evening classes, orchestra, quitters, sportsboosters
unicycle club, various school activities, Multiple Sclerosis Society, and senior citizens
programs. In the summer months, Tuesday and Friday are not booked on a regular basis.
i
V. DISCUSSION OF PLANS FOR THE STONEHOUSE AND
REVIEW PROFIT PLAN FOR ENTIRE OPERATION.
PROFIT FROM OPERATIONS
$4001000 :�r• �. +
. `� �'Y �. .'n' =� ^a.E tr�� $`°� '�`°'s•,";4a� "' #a' xis; d,,�.: s,�F� =''�"��'�"
,'
$300 , 000 " d RN `r rm r F Je mrea� q Yi ;s �+ e8e
Y'
-t" `� '. �", '�.i ,• .f�lF� , 9R>^� N ,.yV'1`�" , Vit, <$�iJ,. ..Z�ry.�ji���t� •�'d'r'��i lxt s
,;€ �'",;° �ih,<�^J,i"1.,�:'> , �"�'�^• �iy1,� x>"gca,c i��..0 �.�,,,��. sb a9�'" ,,,n43y,- r;`�, n,",.� �'`�,'
,x�"�.,+�c�a° ArrY `kaf��"`;.- 1", 'qm�vs ' =a%'I'f" ',=us '•,"y, �'nY�,@J f.a�,s„ ''��''�^ ;�X x `�y'���.• M;1, �4�i-u..i ��!�r`s.
4 -d, ',d „�§" ,ice `%:re'", L »"P +,.''�',`�' 3.! r �,.t �' ,�"_�- �:� ``�' wd �a�•aa "�i�.Rak'�„':q..,ai�'1 '� r {�e ��
�" ,�rff -w ��k'� "t i✓ .. .� �z d ��i�, � '��I -"r-' �'� Sk.�. 'r*,1� t^ ,� r. �s �i2�
•,� . rn �a������"rr�� s1c,� � �. �`�"'°ter; s`�€ �'�r�'?°"�3'a �, � a� ��� s�.��. .�"m��a �.a'�.�;�;r .F��',�,- �., ia�,�
$200 , 000
,,x �Z '�k`EiS.�; '%� li .y � "t �'+ '`��.' -�;}"'cmcr aP•w+,'.,''" 5�J„,'�.iWu-v'r k;. "9' tp 'y,t,,r e"^'� zi' •f»n9i
- '�� f t.�r"i rda. ,-L. :t�'�n�, ;�P'x”�>;�`s ti 6,.�,� bx 1 .�'-:,�ivu�^,..�•,'S „. s J,." `�"ki, ;i,zd:.,w h i�?' :x'F✓. I
ns t'tx � s,? ,fiy'i- r.,kt r r; S kt „fir,:., 4'•"z° x;k.},>.� ';.ra,=. > h t r,"`k'"t. �k G'.a ns,tib°t,:b 9,,rr ." w�.,�ld
iY�<
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„rpW. w,� >�"-'� ' !�a�� ','eiE° �Fa � m.�: ,u, ,�v.�u �iS ^•fi"'�, +b" K' ,�s sus"v ,v� °
100000gg.
$0
90 91 92 93 94 95 96 97
ProfiVLoss
1990- $237,229
1991 - $300,686
1992- $129,328 8 Years
1993- $4,004
1994- $66,017
1995- $16,320
1996- $20,002
1997- $53,932 iJ�
Profits SAV 1
$ 15 0 , 0 0 0
�° . ri �
...........
$ 100 , 000 -
--------------------- .....
rv :" u 3�: ��� �
ME
$5 0000 An
4
wo
$0 ........... ............................ - --
Profit/Loss 9 0 91 9 2 9 3 9 4 9 5 9 6 9 7
1990- $25,775
1991 - $68,556
1992- $54,446
1993- $22,878
1994- $51,895 8 Years
1995- $90,803
1996- $100,231
1997- $63,963
Profits SAV 11
$80,000
Owl,
"N
W E
oil
$60,000
Mile
$40,000
YNS, WN
"O "MI-,O , � I
-v1-1 llla
$20,000
$0 1 ffiffilrL
($20,000)
40000 0., - S ",($ 7 ) 1, Im01g1a
($60,000) M
7"g-v- -R
Im I il�ag
,- nv
($ '80000)
90 91 92 93 94 95 96 97
ProffilLoss
1990- $12,560 8 Years
1991 - $73,060
1992- $53,439
1993- ($31,685)
1994- ($46,371)
1995- ($37,657)
1996- ($59,806)
1997- ($36,534)
Profits - Stonehouse
$3007000q"(1 �:�� MI,WIV
WIMISMOM
$2 00 , 000 -
$ 100 , 000 - '� '�' `,3: a7 x.r.sa..� a`��: {+3" i l,�wgp9�� Very
;Eli I I-W-0 0
$0
90 91 92 93 94 95 96 97
ProfaMoss
1990- $255,365
1991 - $176,135
1992- $65,119 8 Yea rs
1993- $61,100
1994-- $112,750
1995- $45,491
1996- $15,625
1997- $26,503
19
• To: Michael Morrison, City Manager
From: Michael L. Larson, Liquor Operations Manager
Subject: Profit Analysis
Date: 5/27/98
1 have provided for your review the profit plans for the Liquor Operations. With
the profit analysis, I would like to give you a brief summary regarding the state of
the Liquor Operations.
Off-Sale Stores
1998 has started with brisk sales. A warm winter and new store at Apache has
produced increased sales. Store #1 has increased profits for the first quarter
$2,952.00 over last year. Store #2 has increased profits from a loss of$9,878.00
to a profit of$14,394.00, a turn around of$24,272.00. 1 expect this trend to
continue. We continue to examine our operation for ways to increase sales,
reduce expenses and improve efficiency and accuracy.
The Silver Lake Bridge construction project is set to begin in the near future. We
are concerned as to what effect that project will have on the Off-Sale operations.
I am reviewing promotions and advertising to counter the possible negative
impact that traffic congestion may have. The construction could effect the profits
of Store #2.
Improvements to Store #1 will need to be made within the next year. Wall
shelving, lighting, and painting and new point of sale counters are some of the
items that need replacing. We anticipate the new look will increase sales and
create a nicer shopping environment for our customers.
On-Sale
1998 has started strong. Again, the weather may be a factor. Food sales are
increasing and assisting in profit levels. The Stonehouse is where the majority of
our work remains. Exterior and interior improvements need to be made. Policies
and procedures need careful review for changes. A continued effort to reduce
expenses and increase profit margins is needed. Our goal is to change our
image by completing the improvements and restructuring personnel and their
respective job descriptions.
The future for On-Sale establishments is unknown. Legislation to pass .08 Blood
Alcohol Content is presented every year. It is my opinion that the bill will
eventually become law. The trend in the industry seems to show that more
people are consuming alcoholic beverages at home instead of bars and
restaurants.
PROFORMA8TORE#1
City otSt.Anthony
State of Minnesota
PRqJ
Go|os
Liquor 478.853 479.100 482.900 1% 487.729 2% 487.484 2% 507.433
Wine 286.360 285.800 287.800 Y% 290.678 1% 293.585 1% 296.521
Beer 796.310 797.800 798.700 1% 806.687 2% 822.821 2% 839.277
Mix 42.498 43.100 43'200 1% 43.632 1% 44.068 1% 44.509
Cigarettes 92094 91,175 92100 1% 93021 1% 93951 1% 94891
Total mtSales 1696,115 1,696975 1704700 1,731747 1751909 1782,631
Cost nfSales 1380366 1379641 1,383,364 1,391,172 14O8535 1,427,887
Cost ofGoods 8u|d 96 81.38% 81.3096 81.15% 80.80Y6 80.4096 80.10Y6
Gross Profit 315749 317,334 321,336 330,575 343,374 354,744
Gross Prmfit% 18'63% 18.70% 18.85% 19.20% 19'60% 19.90%
Operating expenses:
GeUing-
Go|ory-c|ork 82.050 83.000 85.000 396 87.550 296 89.301 2% 91.087
Advertising 15.660 16.500 14.500 196 14.845 1% 14.791 196 14.939
Cash short(ovor) 854 U 50 196 51 1% 51 196 52
UnooUectob|euhouko 1.315 O 500 296 510 296 520 296 531
Sales tax short 0 O O 196 U 196 0 1% 0
10sc./Freight 7500 5900 6800 1% 6868 196 6937 196 7000
0tal 107,379 105,400 106,850 109,624 111,600 113,615
Overhead-
Utilities 28.300 23'300 28.500 2% 29.070 296 29.651 296 30'244
Bond & Interest Fees 2.955 1.800 D 196 0 196 U 196 O
Insurance 10.780 10.000 8.500 296 8.670 2% 8.843 296 9.020
Laundry 1.350 1.476 1.200 1% 1.212 1Y& 1.224 196 1.236
Repair&Maintenance 7.200 7.200 7'300 196 7.373 1% 7.447 196 7.521
Supplies 5.600 4.460 5.800 196 5.656 196 5.713 196 5.770
Security Services 460 475 525 196 530 196 536 196 541
Dues&Subscriptions 425 425 475 196 480 196 485 1% 488
Salaries(Managers) 20.850 21.000 21.700 396 32.351 296 23.798 396 23.482
Employers Contributions 19.550 18.440 21.800 3% 22.454 296 22.903 396 23.590
Professional services 2.875 2.800 3.025 2% 3.086 2% 3.147 296 3.210
Equip. RunL/BankCharge 7.000 7.360 7.470 1q& 7.545 196 7.620 196 7.696
Depreciation 19.720 22'000 19.700 196 19.897 196 20.096 196 20.297
Admin. Trans. Bookkeopo 17000 12800 17800 396 18,334 296 18701 396 19262
Total 143,965 133,535 143,595 146657 149,163 152,360
Total operating expense 251,344 238,935 250,445 256281 260764 265974
Operating Expense Y6 14.83Y6 14.08% 14.8996 14.88% 14.88Y& 14.92%
Operating income(doficit) 64,405 78399 70891 74295 82610 88,769
Operating |nuumo96 3.80Y6 4.62Y6 4.1696 4.32% 4.72Y6 4.38%
Other income(amponse) 21,185 15670 21200 196 21,412 196 21626 196 21,842
0
NET INCOME(defioit) 85590 94069 92091 95,707 104,236 110,612
PROFORMA FOR STORE#2
City ofSt.Anthony -- '
State ofMinnesota
AL
Sales
Liquor 409.831 466.800 480.900 2% 490.518 2% 500.328 2% 510.335
Wine 269.141 312.000 315.700 2% 322.014 2% 328.454 2% 335.023
Beer 504.248 778.600 796.200 2% 812.124 2% 828.366 2% 844.934
Mix 26.595 37.000 41.200 i% 41.612 1% 42.028 1% 42.448
Cigarettes 1% 39,357
Total ofSales 1236,526 1631400 1672200 1704850 1,738145 1 /72098
Cost ufSales 1,032,314 1,331,222 1360335 1,379,224 1309207 1,421,223
Cost ofGoods Sold 96 83.4996 81.6096 81.35% 80.90Y6 80.5096 80.2096
Gross Profit 204,212 300,178 311865 325,626 338938 350,875
Gross Pnofit% 16.52% 18.40% 18.65:m 1e.10n^ 1e'50% 1e.80%
Operating expenses:
Selling-
Salary-clerk 59.034 77.600 78.800 396 81.267 2% 83.892 296 84.550
Advertising 17.510 17.600 11.846 196 11.863 196 12.083 196 12.204
Cash short(nver) 597 U 50 196 51 1Y6 51 196 52
UnooUectob|exhocks 275 D 100 396 103 296 105 296 107
Sales tax short O U O 196 O 196 O 196 O
roight 4967 5,265 5050 196 5,101 1% 5,152 196 5,203
otal 82,373 100,465 95,945 98,484 100,283 102,116
Overhead-
Utilities 19.495 22.000 23.500 296 23.970 2% 24.449 296 24'338
Rant 52.426 U U 196 O 196 0 1q& 0
Interest onBond Debt 10.395 25.000 45.000 45.000 45.000 45.000
Insurance 7.342 8.200 8.300 396 6.426 2% 8.555 296 0.880
Laundry 1.853 875 895 196 904 196 913 196 922
Repair&Maintenance 2.163 2.000 2.200 1% 2.222 1% 2.244 1% 2.267
Supplies 5.296 5.375 5.400 196 5.454 1% 5.509 196 5.664
Security Services 677 480 500 196 505 196 510 196 515
Dues&Subscriptions 373 425 425 196 429 196 434 196 438
Salaries(Managers) 20.763 17.850 22.700 3% 23.381 2% 23.840 3% 24.564
Employers Contributions 17.388 18.100 18.900 396 19.467 296 19.896 396 20.452
Professional sen/icon 2.875 2.900 3.000 296 3.060 296 3.121 296 3.184
Equip. vant./Bonkchorg. 5.021 5.075 5.100 196 5.151 1% 5.203 196 5.255
Depreciation 4.219 20.700 30.950 196 31.280 1% 31.572 196 31.888
Admin. Trans. 800hhoepn 16904 12000 14,420 396 14,853 2% 15,150 3% 15604
Total 167189 141580 17e2e0 182081 184364 187,2/6
Total operating expense 249582 242,045 275235 280,566 284,647 289,391
Operating ExpunooY6 20.1896 14.84% 16.46% 16.46% 16.38:w 16.33;m
Operating income(de5oiq S 58,133 36630 45061 54,292 61,484
Operating |ncnmo9& -3.67Y6 3.56% 2.19n" 2.64Yo 3.12ro u.*/ru
rincome(expenaa) 4368 6840 6,850 1% 6919 196 6988 196 7068
NET INCOME(dafioit) (40,982) 64,973 43,480 51,979 61,279 68,542
PROFORMA aToNEMoUaE
City pYSt.Anthony
State pyMinnesota
phoi
ACTUA -Rot.
PROJ
.1 fags
Sales
On'aa|eRem,ipto 542.458 540.870 543.200 2% 554.054 2% 565.145 2% 576.448
oommisions 14'686 17.790 18.300 1% 19.089 1% 19'280 1% 19.473
Mix 15'888 24'693 26.100 1% 26.361 1% 26'625 1% 26.891
Food Sales 129,321 137,604 142,200
Total wfSales 702,353 72095
Cost ofSales 188,322 193,072 195,017
Cost ofGoods Sold% 26.e1Y6 26J8Y6 28J0Y6 26.55'& 26.50'm 2642Y6
Gross Profit 514,031 527,885 535,383 545833 55573e 566066
Gross PnoUMY4 73'19Y4 73.22% 73'30% 73/45% 73.50% 73.58m
Operating expenses:
Selling'
Salary'on-sale 81.604 86.175 86700 3% 89'301 2% 31,087 2% 92.909
cmvhoxVoitotaff/Cust. 78.306 66.300 66.800 1Y6 67.468 196 68.143 1Y6 68.824
Advertising 21.463 30.150 29.000 1Y6 29.290 196 29.583 1Y6 29.873
Cash short(pver) 1.748 1.000 500 1Y6 505 1Y6 510 1Y6 515
UnmvUemaWe checks 821 O o 3v6 O 2% O 2m o
Music Services 24.370 14.500 14.100 1.& 14.241 1Y6 14.383 1% 14.527
Charges 380 1,905 1,650 1v6 1,667 1Y6 1,683 1m 1,700
pa| 206,698 1eee30 198750 202,472
overhead'
Utilities 27.332 20.235 28.100 2% 28.662 2% 29.235 296 2e.820
Bond&Interest Fees 1.970 0 O 1Y6 o 196 O 1% u
Insurance 35.685 33.700 39.300 296 40.698 296 41.512 2% 42.342
Laundry 5.805 5.200 5.275 1% 5.328 1Y6 5.381 1Y6 5.435
Repair&Maintenance 34.391 33.400 36.400 196 36.764 1Y6 37.132 1Y6 37.503
Supplies 7.645 7.550 7.800 196 7.878 1Y6 7.957 1Y6 8.038
Security Services 460 420 450 1Y6 455 1% 459 1Y6 484
Dues&Subscriptions 3.100 3.100 3.150 1Y6 3'182 1Y6 3.213 1% 3.245
Salaries(Managers) 50.717 52.300 53.100 3% 54.693 2% 55'787 3% 57.460
Employers Contributions 37.040 39.350 41.200 3% 42.436 296 43'285 3% 44'583
Professional services 2.875 3'000 3'100 2% 3.162 2% 3.225 296 3.290
Equip.Rwnt/BonkCharge 3.463 2'900 3.000 1Y6 3.030 1Y6 3.060 1Y6 3.091
Depreciation 52.648 28.800 28.000 1% 28.280 1% 28.563 1% 28.848
Admin.Trans.BpnNwepe 17,005 12,000 12,360v6 13375
Total 280,796 254,055 261,835 267,298 271,794 277,493
Total operating expense485.847
Operating Expense Y6 69.41% 62.97n, saosm 63.21m 63.11n, 63.15m
Operating income(deficit) 79 80,219
Operating Income% 3.78% 10.25% 10.:4m 10.24% 10.39m 10.43m
Other income(expwnoe) 3,555
0 NCOME(deficit) 83.773
� 3
STONEHOUSEIMPROVEMENTS
EQUIPMENT REPAIR AND REPLACEMENT QUOTE
AIR PURIFICATION SYSTEM $25,000
H.V.A.C.SYSTEM $851450
(3) GLASS WASHERS $17,800
PARKING LOT PAVING/STRIPING $80,000
DUMPSTER ENCLOSURE $11 ,000
FURNITURE REPAIR/REPLACEMENT $15,000
SOUND SYSTEM REPAIR/REPLACEMENT $5,700
TELEVISION REPAIR/REPLACEMENT $8,400
KITCHEN REPAIRS $13,500
CARPET REPLACEMENT (upstairs) $8,500
BACKLITE AWNINGS $8,200
EXTERIOR IMPROVEMENTS/REPAIRS (K.K.E.) $250,000
TOTAL $528,550
•
•
F =-- Hennepin County
An Equal Opportunity Employer
February 12, 1998
St Anthony Village
3301 Silver Lake Road
St Anthony, Mn. 55418-1699
Attn: Michael J. Mornson
Re: Value estimate for the Village of St Anthony's property located on Kenzie
Terrace. (Fire Station, Liquor Warehouse, Beauty Shop and The Stonehouse Bar
and Grill). PID 07-029-23-24-0001.
Dear Mike,
. At your request, I inspected the above property on 2/6/98 for the purpose of estimating
market value. It is my opinion that the estimated value is in a range of between $500,000
and $550,000. Because the property is unique with its varied uses and its low land to
building ratio, it was difficult to locate similar properties for a market approach to value.
Therefore, in estimating value, I relied on the cost and income approaches to value.
I have enclosed a copy of the Hennepin County Assessor Appraisal Data card, a copy of
the plat from the County's mapping system and a copy of the aerial photograph. Note
that the aerial photo indicates that the subject's parking encroaches on the highway right-
of-way.
Please call me if you have any questions or if I can be of further help.
Sincerely,
xt- )4�,
Dan Salzwedel, SAMA
Senior Appraiser
. Hennepin County General Services
County Assessor Division Recycled Paper
A-2103 Hennepin County Government Center
Minneapolis, Minnesota 55487-0213
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VI. CITY MANAGER'S UPDATES.
A. Tires Plus request.
•
ze
. MARCO INVESTMENTS\ D.B.A. TIRES PLUS
1315 W. LARPENTEUR AVE.
ROSEVILLE, MINN. 55113
To; Michael Mornson
3301 Silver Lake Road
St. Anthony, Mn. 55418-1699
From; Ron Rasmussen
3800 Silver Lake Road
St. Anthony, Mn.55421
Dear Mike;
As per our conversation,I have put together a proposal for your consideration. I have
included some pictures of current Tires Plus stores,showing the sign tower that we are
featuring, to make our buildings unique.
If I participate in the expense of a remodeling update of the south end of your building, it
would have to have this general appearance.
You'll find along with the pictures, some rough drawings of what I envision the finished
project to look.
.Also, we would not have a problem, if it were a significant savings, to reuse the Tires
Plus signs now on the building, as long as they can be backlit.
After we agreed to all the particulars, I would pay $5,000.00 to start the project
underway. Upon completion, I would pay $1,111.00 additional each month, for a period
of 18 months.
S e ;
on Ras ussen
/ALL SIGNS
4AKL IT
Q 0Ew srucco I�Q�
I
�I
I
i
`NOTE : WEST ckvanml—1 4p, to - tlEva�ION /8'
--— - - - --- - -- --
EAsT 06VWrION ExcEQT No 59PIME SIhNS ALL. S 16 ASlS &ae l'b-r- $OUTS}
QaC3 - NEV Srvc,co +o M>�k(-H
Llr3uoli STORE
✓7
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•
VI. CITY MANAGER'S UPDATES.
B. Certification of Local Performance Measures.
•
MINNESOTA Department of Revenue Z
Property Tax Division Mail Station 3345 St. Paul, MN -'))146-.s345
Phone(612)296-5141 Fax(612)297-2166
. May 21, 1998
TO: ALL CITY CLERKS,ADMINISTRATORS, MANAGERS, OR
FINANCE DIRECTORS
RE: CERTIFICATION OF LOCAL PERFORMANCE MEASURES
FOR LOCAL PERFORMANCE AID PAYABLE IN 1999
Minnesota Statutes, Section 477A.05 provides for Local Performance Aid (LPA). In
order to qualify for LPA in 1999, a city must affirm that(1) the aid will result in a
reduction in property taxes at least equal to the amount of aid received, and (2) the city
will spend the aid on programs for which it has developed a system of performance
measures and that these measures will allow for the measurement of continuous
improvement and will be regularly compiled and presented to the city council at least
once a year. The city must identify the program or programs that are to be funded with
the aid. The city is eligible for aid if it affirms that it is in the process of developing and
implementing a system of performance measures for the program or programs for which
. the aid is being sought. However, the aid may not be spent on the program or programs
until the performance measurement system has been instituted, unless the aid is being
used to establish the performance measurement system.
Enclosed is a sheet outlining suggested procedures for local performance measurement.
This sheet outlines suggested s`ed procedures only and your city may develop its own
procedures which may better suit your city's needs.
Note: The affirmation that the LPA will be used for property tax reduction does not
mean that your city must reduce its property tax levy below the amount levied in the
previous year, or that your city (if it is subject to the overall levy limitation) must levy
less than its levy limit. It means that the LPA will be used to replace property tax dollars
that otherwise would have been levied. For levy limit cities, the overall levy limitation
reflects changes in LPA. The 1997 amount of LPA is included in a levy limit city's levy
limit base. The amount of LPA for the taxes payable year 1999 is subtracted from the
levy limit base to arrive at the overall levy limitation for the taxes payable year 1999. If
the LPA increases, the levy limit decreases. If the LPA decreases, the levy limit
increases.
For calendar year 1999, the amount of LPA to be paid will be equal to the amount paid in
1997, $4,107,673, plus an inflation adjustment based on the implicit price deflator. A per
capita aid amount will be determined by dividing the total aid available by the total
population of all cities that qualify for the aid. Each qualifying city then receives an aid
amount based on its population times the per capita aid amount.
An equal opportunity emplover TDD: (612)215-0069
3v
• Page 2
Distribution of LPA is based on yearly certifications for each qualifying city. Cities are
required to submit an annual certification in order to receive LPA payable in calendar
year 1999 and subsequent years. Enclosed is a copy of Form LPA-CI. This
certification must be submitted to our office by June 30, 1998 and both questions 1
and 2 on the form must be answered "Yes" in order for your city to qualify to
receive LPA in 1999. If the Form LPA-CI is not received by the June 30, 1998
deadline, or if either question 1 or 2 is not answered "Yes" or either question is left
blank,your city will not qualify for LPA in calendar year 1999.
For qualifying cities, calendar year 1999 LPA will be paid in two equal installments on
July 20 and December 26 of 1999. Qualifying cities will receive a certification of their
1999 LPA by July 31, 1998.
If you have any questions regarding the completion of this form, please feel free to call
me at (612) 296-5141.
Sincerely,
I e �
Larry L. Bewley
Research Analysis Specialist
Property Tax Division
Enclosures
Fo PA -Cl
Certification of Local%ormance Measures
for Local Performance Aid Payable in 1999
Complete and return to:Minnesota Department of Revenue.Property Tax Division.Mail Station 3345.St.Paul,Minnesota 55146-3345 Phone:(612)296-5141
Name and mailing address of governmental unit Name of person filling out form
City of St. Anthony Michael J. Mornson, City Manager
Telephone
3301 Silver Lake Road 612-789-8881
County of location
St. Anthony, MN 55418 Hennepin
1. Does your city affirm that local performance aid will result in a reduction in property taxes
at least equal to the amount of local performa-ice aid received? YES X NO
FDoesur city affirm that the local performance aid will be spent on the program or programs
it has developed a system of performance measures and that these measures will allow
easurement of continuous improvement and will be regularly compiled and presented
to the city council at least once a year? YES X NO
F
swer to questions 1 &2 is yes, what program or programs will be funded by local Fire Programs/Fire Prevention
nce aid, or what program or programs will the local performance aid be used to
performance measurement system(s)for? Police Programs/DARE
This form must be returned to the Minnesota Department of Revenue, Property Tax Division, by Julie 30, 1998 in order for your city to be
eligible to receive Local Performance Aid payable in 1999.
>,x:.' ;$: "2t••fix. •.i;:,t;. +a. '.'.t.•J:;�:,�..)t ':a• >.?cV.. .i.;;,y :'++`.,S•:•FR:'<<*;;:•<•kyr, s�;:�;4,,t;,+!S:ii•.•'
•''+ ro •ttf�' '�;.• •:x.'�;..,.; � `':�'`:F.•i; ••.t�`:,•''�'.•. ;�edi�c;;`:%�% k: .9.. a;�:•• ,;.t•.,'i,'•.' ...¢. +�,•:; ,+,,i•+9.;5, >. G �..
Note: City certifications must be signed by the Mayor and by the Chair of the City Council.
7doeby certify that,to the best of our knowledge and belief,the fads presented in this certification are true and correct.
W
Signature of Mayor Signature of Chair of City Council' Date
If the mayor Is the chair of the council,another council member must sign.
•
VI. CITY MANAGER'S UPDATES.
C. Review resolution acknowledging flood funding
assistance.
•
•
3z
CITY OF ST. ANTHONY
RESOLUTION 98-047
A RESOLUTION TO ACKNOWLEDGE
EFFORTS MADE IN PURSUIT OF FUNDING ASSISTANCE
FOR FLOOD MITIGATION IN ST. ANTHONY VILLAGE
WHEREAS, due to severe flooding in the City of St. Anthony during the July, 1997 rain
storms, many residents received tremendous property damage; and
WHEREAS, to help develop flood mitigation techniques and in an attempt to alleviate the
financial burdens and emotional trauma suffered by our residents; and
WHEREAS, the City requested funding assistance from many sources - the Federal, State,
and County Governments, and Rice Creek Watershed District; and
WHEREAS, in addition, the City enlisted expertise and talents of persons in those agencies
and the League of Minnesota Cities and the Association of Metropolitan
. Municipalities.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council, on behalf of the
residents of St. Anthony Village, hereby proclaims appreciation and gratitude to persons of
those agencies, especially Senator John Marty; Representative Mary Jo McGuire; Hennepin
County Commissioner Mark Stenglein; and Ramsey County Commissioner Jan Weissner;
whose tireless efforts resulted in a successful conclusion in our pursuit of flood mitigation.
Adopted this day of , 1998.
Clarence Ranallo, Mayor
George Marks, Councilmember Jerome Faust, Councilmember
. Dennis Cavanaugh, Councilmember Brian Thuesen, Councilmember
33
N
then
� illa e
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
May 14, 1998
Mr. Jim Miller
Executive Director
League of Minnesota Cities
145 University Avenue W
St. Paul, MN 55103-2044
Dear Jim:
On behalf of the residents of St. Anthony Village, we wish to thank the League of Minnesota Cities,
and especially Ann Higgins, for helping the City to receive funding toward our flood mitigation
. efforts. Ann's tireless efforts and considerable expertise helped to obtain the State Legislature's
approval of$2 million for much needed improvements.
Following last year's severe damage throughout our community, caused by torrential rains, we were
faced with the monumental task of trying to help our residents with short and long term assistance. It
very quickly became clear that large amounts of funding assistance would be needed. Ms. Higgins'
persistent assistance guided us through the whole legislative "experience." In great part, her efforts
will enable St. Anthony residents to lessen, if not alleviate, the financial burdens and emotional trauma
caused by the terrific flooding of their homes.
We are indeed grateful to the League of Minnesota Cities organization and Ms. Higgins.
Sincerely,
CITY OF ST. ANTHONY
Clarence J. Ranallo, Mayor
George Marks, Councilmember
Jerry Faust, Councilmember
Dennis Cavanaugh, Councihnember
Brian Thuesen, Councilmember
. Michael J. Mornson, City Manager
34
. aoilla
thou
lecz
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
May 14, 1998
Mr. Gene Ranieri
Executive Director
Association of Metropolitan Municipalities
145 University Avenue W
St. Paul, MN 55103-2044
Dear Gene:
Thank you for all the time and effort you put in to allow the City to reach a successful
conclusion in its request for funding assistance in our flood mitigation efforts. This request
. was our top priority and in large part, because of your assistance, we will see the much
needed improvements which will help to alleviate the financial burden and emotional trauma
suffered by our residents due to the flooding of their homes.
Your endeavor in getting us through the complexities of the legislative process was the key to
our success. We are convinced that without your knowledge and contributions, the
conclusion of our task would not have been as great as it was.
On behalf of our entire community, thank you, again, for sharing your considerable talents
toward achieving such a consequential goal.
Sincerely,
CITY OF ST. ANTHONY
Clarence J. Ranallo, Mayor
George Marks, Councilmember
Jerry Faust, Councilmember
Dennis Cavanaugh, Councilmember
Brian Thuesen, Councilmember
. Michael J. Mornson, City Manager
•
VI. CITY MANAGER'S UPDATES
E. Discussion of process for Park Commission
interviews.
•
•
. Five Questions for the Parks Commission:
1. Why do you want to be appointed as a Parks Commissioner?
2. What other Community volunteer activities have you been involved with that
you enjoyed doing? Why?
3. As a Park Commissioner how would you deal with conflicting opinions between
commissioners regarding a park project? With residents? With the Council?
4. Being on the Commission is a time commitment every month. Some issues may
require time spent researching and studying all aspects of the issue, in addition
to attending meetings that may go longer than 1 or 2 hours. Is this a
commitment that you can accommodate into your schedule?
5. The City parks are to be redeveloped to incorporate storm water retention uses
as well as recreational uses. While water retention is not traditionally associated
as a park use, will you as a Parks Commissioner be able to accept and support
the concept of parks being utilized in this non-traditional fashion? How will you
convince or explain this concept to sports groups and organizations in the City?
MEMORANDUM
DATE: December 15, 1997
TO: Mayor and Councilmembers
FROM: Michael Mornson, City Manager
ITEM: PLANNING COMMISSION INTERVIEWS
Applicants interested in being appointed to the Planning Commission are
scheduled to be interviewed on Wednesday, December 17, beginning at 6:30
. PM. After you have interviewed the applicants, rate each by circling points 1
through 4 below. Your top choice will receive 4 points; your least favorite
will receive 1 point. Each applicant will have a different point number
circled, and the three applicants with the highest number of points, when
added together, will be appointed at the regular Council meeting.
Circle a point number for each applicant:
Time Rating
Chris Makowske 6:30 PM 4 3 2 1
Rosemary Franzese 6:45 PM 4 3 2 1
Doug Bergstrom 7:00 PM 4 3 2 1
Anthony Kaczor 7:15 PM 4 3 2 1
1 CITY OF ST. ANTHONY
2 CITY COUNCIL WORKSESSION MINUTES
493 May 5, 1998
4 7:00 p.m.
5
6
7 I. CALL TO ORDER.
8 Meeting called to order at 7:01 p.m.
9
10 II. ROLL CALL.
11 Councilmembers Present: Ranallo, Marks, Faust, and Thuesen.
12 Councilmembers Absent: Cavanaugh.
13 Also Present: Michael Mornson, City Manager; Kim Moore-Sykes, Management
14 Assistant; Roger Larson, Finance Director; Stuart Bonniwell, Auditor.
15
16 III. DISCUSSION OF FUND BALANCE AND 1997 AUDIT BY THE FINANCE
17 DIRECTOR AND AUDITOR.
18 The Finance Director reported on the results of the recently completed the 1997 audit.
19 He also reported on the status of the police services contracts, indicating that these
20 funds have provided for squad car purchases, unemployment insurance coverage,
21 liability and accident insurance coverage.
22
23 Mr. Bonniwell reviewed the year end fund balances and the HRA fund balances with
the City Council.
5
26 The City Manager reported that the audit will be on the May 26' City Council agenda
27 for Council approval. He indicated that the HRA audit will be on the HRA agenda
28 following the regular Council meeting on May 26`x. The City Manager said that the
29 approved audits are required to be submitted to the State Auditor in June.
30
31 IV. DISCUSS EARLY RETIREMENT PROPOSED RESOLUTION.
32 The City Manager reported that the Finance Director has reviewed the City's previous
33 early retirement program and found that that program can be offered again this year.
34 He reported that the proposed resolution approving the early retirement program for
35 1998 will be on the May 12'h City Council meeting agenda for Council consideration.
36
37 V. REVIEW PARKS COMMISSION ORDINANCE W Reading).
38 The City manager reviewed the proposed Parks Commission ordinance that establishes
39 a City Parks Commission. He indicated that any land use issues that the Parks
40 Commission may be asked to deal with will also go before the Planning Commission.
41 The City Manager also reported that the June 2' Open House for the Parks will be in
42 conflict with the regular scheduled School Board Meeting. He suggested that the Open
43 House be scheduled at 6:00 p.m., with a formal presentation by Bob Kost, BRW, at
446:15 p.m. He said that the School Board can adjourn to their meeting at 7:00 p.m.
65 after this formal presentation. He suggested that the City Council could begin the
1 worksession meeting at 7:30 p.m. He also indicated that vendors could be set up in the
2 Multi-Purpose Room.
3 '4 The Council discussed the need to have a sign installed advertising the future
5 renovation of the parks.
6
7 VI. CITY MANAGER'S UPDATES.
8 A. Discuss Proposed Ordinance Amendment for Gasoline Service Station Fees.
9 The City Manager reported that the City's licensing structure for gasoline
10 stations has become obsolete because of changes in gasoline distribution
11 technology. He reported that the Finance Director has proposed changing the
12 licensing ordinance to reflect that change and to make licensing more equitable.
13
14 B. Sidewalk Evaluation Report. The City Manager presented the Public Works
15 Director's report on the sidewalks in the City. He reported that the proposed
16 sidewalk reconstruction plan will be on the May 12' City Council meeting
17 agenda.
18
19 C. Tires Plus Request Update. The City Manager reported that the owner of the
20 Tires Plus business has begun interior renovation. He said that he had a request
21 by the owner for the City to consider updating the exterior fagade, which will
22 make it similar to the fagade of the Liquor Store. The City Manager indicated
23 that the owner of Tires Plus may pay $25,000 of the cost of the fagade
24 improvements. The City Council directed the City Manager to continue the '
25 dialog with the owner.
26
27 D. Discuss June, July, and August Work Sessions.
28
29 1. June: The City Manager reminded the Council of the Open House being
30 planned for the Parks. He also reported that excavation may began in
31 Silver Point Park this fall.
32
33 2. July: The City Manager reported that a work session meeting may not
34 be needed in July, but if one is needed, it can be scheduled for June 30`h.
35
36 3. August: The City Manager indicated that the regular scheduled work
37 session is also the same night as National Night Out. The Council
38 directed the City Manager to schedule the work session August 5'; the
39 1999 Budget discussion will be scheduled for this worksession.
40
41 E. Trophy Case. The City Manager reported that he has had a request from the
42 Sports Boosters to provide trophy cases in the Great Hall. The City Council
43 was not interested in putting trophy cases in the Great Hall at this time.
44
45 F. Flags. The Council decided to have the City's logo as the flag, with the City's
46 incorporation date on it as well. '
2
1
2 G. Council Chamber Doors. The Council decided that installation of glass panels
0
3 in the doors is not a priority at this time.
4
5 H. Village Hats. The Council directed the City Manager to order Village hats for
6 the VillageFest parade.
7
8 I. Robodyne's Request. The City Manager reported to the Council the City
9 Attorney's opinion about Robodyne's request for a Conditional Use to relocate
10 to the old Town & Country building.
11
12 J. Silver Lake Railroad Bridge. The City Manager reported that he has a meeting
13 with Dan Solar, Ramsey County and the Public Works Director on May 12'
14 regarding the Silver Lake Road Bridge. He also reported that the County is
15 waiting for a decision from the Council regarding the design they prefer.
16
17 K. Community Survey. The City Manager reported that the community survey is
18 ready and will begin next week.
19
20 L. Storm Water Management Ordinance. The City Manager reported that the
21 Metropolitan Council has contacted the City regarding the need to adopt a storm
22 water management ordinance before they approve the City's Comprehensive
23 Plan Update. He indicated that he will be meeting with Todd Hubmer, WSB to
�4 put together an ordinance that fits the needs of St. Anthony and also meets the
5 requirements of the Met. Council. The City Manager has also spoken to the
26 Met. Council representative, who said the model ordinance sent to the City is
27 best-case scenario and it can be structured to fit the City's ability to control
28 storm water.
29
30 M. Update on Financing Storm Water Sewer Improvements. The City Manager
31 reported that he will be negotiating the financing contract with DNR next week.
32
33 N. Summer Interns. The City Manager reported that Staff has indicated that they
34 will not need an intern this summer. The Council discussed the need for an
35 intern to compile oral and written histories of the City.
36
37 XIV. ADJOURNMENT.
38 The worksession meeting adjourned at 10:30 p.m.
39
40
41 Respectfully submitted,
42
43
44 Kim Moore-Sykes,
�5 Management Assistant.
3
• STAFF REPORT
DATE: March 4, 1998
TO: Michael J. Mornson, City Manager
FROM: Kim Moore-Sykes, Management Assistant
ITEM: 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 telecommunications
providers and opened up the competition arena to anyone who could provide telecom-
munications 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 the right-of-way to meet this need.
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, telecommunications 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 provided by Tom Creighton
of Bernick and Lifson, P.A. and the League of Minnesota Cities and conforms to the
provisions of the telecommunications right-of-way legislation adopted into law as Minn.
Session Laws, 1997, Chapter 123. A draft of the right-of-way ordinance 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.
•
• MEMORANDUM
DATE: March 30, 1998
TO: Michael J. Mornson, City Manager
FROM: Kim Moore-Sykes, Management Assistant 01J_2
ITEM: Right-of-Way Management Costs and Excavation Permit
Fees.
Attached is a copy of a letter from Ann Higgins, IGR Representative from the League
of Minnesota Cities, whereby she is requesting information about St. Anthony's permit
fees and ROW management costs. Since this issue is one that Staff is currently re-
searching for implementation along with the City's newly proposed Right-of-Way
ordinance, I would recommend that the readings for the Right-of-Way ordinance be
delayed for 30 days until LMC's ROW fees survey is complete.
The Public Works Director is completing the survey for the City and will submit it to
Mr. Flora at the City of Fridley. Ms. Higgins indicated to me that a copy of the survey
results will be available to those cities that request it.
•
•
• 145 University Avenue West, St. Paul, MN 55103-2044
L
innasora cities Phone: (612) 281-1200 - (800) 925-1122
tingezeenence Fax: (612) 281-1299 - TDD (612) 281-1290
March 27, 1998
TO: City Public Works Directors,Engineers
FROM: Ann Higgins, IGR Representative
RE: Survey of city permit fees, right-of-way management costs
The City Engineers Association of Minnesota(CEAM) is working with the League of Minnesota
Cities to provide cities guidance in establishing permit fees when implementing the CEAM/LMC
model right-of-way ordinance. Please complete the attached survey as soon as possible and
return it to John Flora. Director of Public Works. City of Fridley. (Return address information
included on survey form). The information you provide will assist in developing data on cost
components of right-of-way management and the rationale for a permit fee schedule on which
cities can rely.
• If you have any questions regarding the information requested, please call Ann Higgins at
(612)215-1257. Thank you for your cooperation.
Attachment
F:\DEPTS\IGRV4EWFOLDE\P.OWSUFLVE.WPD
•
engasscxls •3/26/98 CITY ENGINEERS AOCIATION OF NIINNESOTA •
disk#3 RIGHT OF WAY PERMIT FEES
MARCH 26,1998
PARKING WATER - -T
EROSION METER SEWER WATER HYDRAN Sidewalk Mapping
CITIES CONTROL HOODING PLUG TAP USE Construction
Please return completed survey to:
John Flora,Director Phone:612/572-3550
Public Works Dept Fax:612/571-1287
• City of Fridley
6431 University Avenue N.E.
Fridley,MN 55432-4313
engassc.xis • 3/26/98 CITY ENGINEERS AROCIATION OF NQNNESOTA Contact: •
disk#3 City RIGHT OF WAY PERMIT FEES Phone:
MARCH 26,1998
EXCAVATION PERMIT OBSTRUCTION PERMIT
REGISTRATION CITY COST DISRUPTIVE CITY DISTRUPTIVE PERMIT USER RESTORATION ENCROACHMENT
FEE HOLE TRENCH COST COST COST DEGRADATION EXTENSION FEE RESTORATION INSPECTION PERMIT
o
CITY OF ST. ANTHO DRAPT
ORDINANCE 19 -ROW
AN ORDINANCE RELATING TO MANAGING AND REGULATING
PUBLIC RIGHT-OF-WAY IN THE PUBLIC INTEREST AND TO
PROVIDE FOR THE ISSUANCE AND REGULATION OF
RIGHT-OF-WAY PERMITS BY ADDING A NEW SECTION 1165
TO THE 1993 ST. ANTHONY CODE OF ORDINANCES
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 1165 shall read in full as follows:
Section 1165 - RIGHT-OF-WAY MANAGEMENT
Section 1165.01. Findings and Purpose.
Subd. 1. General. In order to provide for the health, safety and well-being of its citizens,
as well as to insure the structural integrity of its streets and the use of the rights-of-way,the
City strives to keep its rights-of-way in a state of good repair and free from unnecessary
• encumbrances. Although the general population bears the financial burden for the upkeep
of the rights-of-way,a primary cause for the early and excessive deterioration of its rights-of-
way is their frequent excavation by persons whose equipment is located therein.
Right-of-way obstruction is a source of frustration for merchants, business owners and the
general population which must avoid theseoObstructions or change travel or shopping plans
because of them and has a detrimental effect on commerce. Persons whose equipment is
located within the right-of-way are the primary cause of these frequent obstructions.
The City holds the right-of-way within its geological boundaries as an asset in trust for its
citizens. The City and other public entities have invested millions of dollars in public funds
to build and maintain the right-of-way. The City recognizes that some persons,by placing
their equipment in the right-of-way and charging the citizens of the City for goods and
services delivered thereby, are using this public property for private gain and profit.
The Minnesota Legislature has recognized that it is in the public's interests that the use and
regulation of rights-of-way be carried on in a fair, efficient, competitively neutral, and
substantially uniform matter, while recognizing such regulation must reflect distinct
engineering, construction, operation, maintenance, and public and worker safety
requirements and standards applicable to various users of rights-of-way. Further, the
Legislature has determined that because increasing numbers of persons may seek usage of
• rights-of-way,municipalities such as the City muse be and have been authorized to regulate
use of rights-of-way. Consistent with this mandate, the City has endeavored to crate
competitively neutral right-of-way standards and regulations of general applicability.
In response to the foregoing, the City hereby enacts this new Section 1165 of this Code
relating to right-of-way permits and management, together with an ordinance making
necessary revisions to other Code provisions. This Section imposes fair, efficient,
competitively neutral, uniform, and reasonable regulations on the placement and
maintenance of equipment currently within its rights-of-way or to be placed therein. This
Section, persons disturbing and obstructing the rights-of-way will bear a fair share of the
financial responsibility for their integrity. Finally,this Section provides for recovery of out-
of-pocket and projected costs from persons using the rights-of-way.
Subd. 2. Legislative Power. By enactment of this Section, the Council hereby exercised
its lawful police power and common law authority, and all statutory authority which is
available to it, including, but not limited to, the powers conferred on it under Minn. Stat.
2370162 and 237.163,while preserving all power and authority to further require franchises
from right-of-way users under Minn. Stat. 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. That portion of the City lying within and bounded by the
following streets: (insert your City definition here)
Subd. 3. City The City of St. Anthony Village, Minnesota, its elected officials, officers,
employees, agents or any other commission, committee or subdivision acting pursuant to
lawfully delegated authority.
Subd. 4. City 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 Chapter.
-2-
• Subd.6. Degradation. The accelerated deprivation of the right-of-way caused by excavation
in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way
earlier than would be required if the excavation did not occur.
Subd. 7. Degradation Cost. Money paid to the City to cover the cost associated with a
decrease in the useful life of a public right-of-way caused by excavation.
Subd. 8. Emergency. A condition that (1) poses a clear and immediate danger to life or
health or of significant loss of property; or(2)requires immediate repair or replacement in
order to restore service to a customer.
Subd. 9. Equipment or Facilities. Any tangible thing located in any right-of-way but shall
not include boulevard plantings or gardens planted or maintained in the right-of-way between
a person's property and the street curb.
Subd. 10. Excavate. To dig into or in any way remove or physically disturb or penetrate any
part of right-of-way, except for horticultural practices of penetrating the boulevard area to
a depth of less than 12 inches.
Subd. 11. Excavation permit. The permit which,pursuant to this Chapter,must be obtained
before a person may excavate in a right-of-way. An excavation permit allows the holder to
excavate that part of the right-of-way as described in such permit.
Subd. 12. Excavation permit fee. Money paid to the City by an applicant to cover the costs
as provided in Section 1165.12.
Subd. 13. In (when used in conjunction with right-of-way. Over, above, in, within, on, or
under a right-of-way.
Subd. 14. Local Representative. The person or persons, or designee of such person or
persons,authorized by a registrant to accept service and to make decisions for that registrant
regarding all maters within the scope of this Section.
Subd. 15. Mapping Data. Information indicating the horizontal and vertical location of
equipment and facilities,relative to the boundaries of the right-of-way.
Subd. 16. Obstruct. To place any tangible object in the right-of-way so as to hinder free and
open passage over that or any part of the right-of-way.
Subd. 17. Obstruction Permit. The permit which,pursuant to this Chapter,must be obtained
before a person may obstruct a right-of-way, allowing the holder to hinder free and open
passage over the specified portion of right-of-way by placing equipment described therein
• on the right-of-way for the duration specified therein.
-3-
Subd. 18. Obstruction Permit Fee. Money paid to the City by a registrant to cover the costs �.
as provided in Section 1165.12.
Subd. 19. Performance and Restoration Bond. A performance bond or letter of credit posted
to ensure the availability of sufficient funds to assure that all obligations pursuant to this
Chapter, including, but not limited to, right-of-way excavation and obstruction work, is
timely and properly completed as defined by the approved excavation and/or obstruction
permit.
Subd. 20. Permit holder. Any person to whom a permit to excavate or obstruct a right-of-
way has been granted by the City under this Chapter.
Subd. 21. Person. Any natural or corporate person,business association, or other business
entity including,but not limited to,partnership, sole proprietorship,a political subdivision,
a public or private agency of any kind,utility,a successor or assign of any of the foregoing,
or any other legal entity which has or seeks to have equipment located in any right-of-way.
Subd. 22. Probation. The status of any person that has not complied with the conditions of
this Chapter.
Subd. 23. Probation Period. One year from the date that a person has been notified in
writing that they have been put on probation. •
Subd. 24. Registrant._ Any person who(1)has or seeks to have his/or equipment located in
any right-of-way,or(2)in any way occupies or uses,or seeks to occupy or use,the right-of-
way of any equipment located in the right-of-way, and, accordingly, is required to register
with the city.
Subd. 25. Restore or Restoration. The process by which an excavated or obstructed right-
of-way and surrounding area, including, but not limited to, pavement and foundation, is
returned to the same condition that existed before the commencement of excavation.
Subd. 26. Restoration Fee. An amount of money paid to the City by a permit holder to
cover the cost of restoration.
Subd.27. Right-of-WaL. 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.
•
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Subd. 29. Service or Utility Service. Includes, but is not limited to, (i) those services
provided by a public utility as defined in Minn. Stat. 216B.02. Subds. 4 and 6 (1996), (ii)
a Telecommunications right-of-way user, pipeline, community antenna television, cable
communications system as defined in Minn.Stat.Chap.23 8,fire and alarm communications,
water, electricity, light, heat, cooling energy, or power services, (iii) the services provided
by a corporation organized for the purposes set forth in Minn. Stat. 300.03 (1996); and(iv)
the services provided by a district heating or cooling system.
Subd. 30. Supplementary Application. An application made to excavate or obstruct more
of the right-of-way than allowed in, or extend, a permit that had already been issued.
Subd. 31. Telecommunications Right-of-Way User. A person owning or controlling a
facility in the right-of-way,or seeking to own or control the same,that is used or is intended
to be used for transporting telecommunication or other voice or data information. For
purposes of this Chapter,a cable communications system defined and regulated under Minn.
Stat.Chap.238,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 one (1) year and for which the registrant is unable to provide proof that it has
• either a plan to begin using it within the next twelve(12)months or a potential purchaser or
user of the equipment.
Subd.33. User Fee. The sum of money,payable to the City,by a person using or occupying
the right-of-way;provided,however, that the City may at its option provide, at any time by
ordinance or by amendment thereto, for a greater or different fee applicable to all such
persons in an amount and by a method of determination as may be further provided in such
ordinance or amendment thereto.
Section 1165.03 Administration. The City may designate a principal City official responsible for
the administration of the rights-of-way, right-of-way permits, and the ordinances related thereto.
The City may delegate any or all of the duties hereunder.
Section 1165.04. Registration, Bonding and Right-of-Way Occupancy.
Subd. 1. Each person,who occupies,uses,or seeks to occupy or use,the right-of-way or any
equipment located in the right-of-way, including by lease, sublease or assignment, or who
has, or seeks to have, equipment located in any right-of-way, must register with the City.
Registration will consist of providing application information and as required by the City,
paying a registration fee, and posting a performance and restoration bond.
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The performance and restoration bond required in this Section,and in Section 1165.10,Subd.
(C)(5); Section 1165.13, Subd. 2(b), and Section 1165.32, Subd. 1(b)(3) shall be in an
amount determined at the City's sole discretion,sufficient to serve as security for the full and
complete performance of the obligations under this Chapter,including any costs,expenses,
damages, or loss the City pays or incurs because of any failure to comply with this Chapter
or any other applicable laws,regulations or standards. During periods of construction,repair,
or restoration of rights-of-way or equipment in rights-of-way, the performance and
restoration bond shall be in an amount sufficient to cover 100%of the estimated cost of such
work, as documented by the person proposing to perform such work, or in such lesser
amount as may be determined by the City,taking into account the amount of equipment, in
the right-of-way, the location and method of installation of the equipment, the conflict or
interference of such equipment with the equipment of other persons, and the purposes and
policies of this Chapter. Sixty(60)days after completion of the work,the performance and
restoration bond may be reduced by the sole determination of the City.
Subd. 2. No person may construct, install, repair, remove, relocate, or preform any other
work, on or use any equipment or any part thereof located in any right-of-way without first
being registered with the City.
Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a City
ordinance permitting persons to plant or maintain boulevard plantings or gardens or in the
area of right-of-way between their property and the street curb. Persons planting or •
maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-
of-way,and shall not be required to obtain any permits or satisfy any other requirements for
planting or maintaining such boulevard plantings or gardens under this Chapter. However,
excavations deeper than 12 inches are subject to the permit requirements of Section 1165.09
of this Chapter.
Section 1165.05. Right to Occupy Rights-of-Way: Payment of Fees.
Subd. 1. Any person required to register under Section 1165.04, which occupies, uses, or
places its equipment in the right-of-way,is hereby granted a right to do so if and only so long
as it(1)timely pays all fees as provided herein and(2)complies with all other requirements
of law.
Subd. 2. The grant of right in Section 1165.05, Subd.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
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franchise which are in direct conflict with any provision of this Chapter, whether granted prior or
subsequent to enactment to this Chapter, shall control and supersede the conflicting terms of this
Chapter provided,however,that requirements relating to insurance,bonds,penalties,security funds,
letters of credit, indemnification or any other security in favor of the City may be cumulative in
grantee. All other terms of this Chapter shall be fully applicable to all persons whether franchised
or not.
Section 1165.07. Registration Information.
Subd. 1. The information provided to the City at the time of registration shall include, but
not to be limited to:
(a) The registrant's name, Gopher One-Call registration certificate number,
address and e-mail address if applicable, and telephone and facsimile numbers.
(b) The name, address and e-mail address, if applicable, and telephone and
facsimile numbers of a local representative. The local representative or designee
shall be available at all times. Current information regarding how to contact the local
representative in an emergency shall be provided at the time of registration.
(c) A certificate of insurance or self-insurance:
(1) Shall be on a form approved by the City,
(2) Shall verify that an insurance policy has been issued to the registrant
by an insurance company licensed to do business in the State of Minnesota;
or is covered by self-insurance which the City determines to provide the City
with protection equivalent to that of a Minnesota licensed insurance
company, legally independent from registrant.,
(3) Shall verify that the registrant is insured against claims for personal
injury, including death,as well as claims for property damage arising out of
the (i) use and occupancy of the right-of-way by the registrant, its officers,
agents, employees and permittees, and (ii)placement and use of equipment
in the right-of-way by the registrant, its officers, agents, employees and
permittees, including, but not limited to, protection against liability arising
from completed operations,damage of underground equipment and collapse
of property,
(4) Shall name the City as an additional insured as to whom the coverage
required herein are in force and applicable and from whom defense will be
provided as to all such coverage,
(5) Shall require that the City be notified thirty (30) days in advance of
cancellation of the policy, and
(6) Shall indicate comprehensive liability coverage,automobile liability
coverage, workers compensation and umbrella coverage in amounts
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established by the City of the office of risk and employee- benefit
management in amounts sufficient to protect the City and carry out the
purposes and policies of this Chapter.
(d) If the registrant is a corporation,a copy of the certificate required to be filled
under Minn. Stat. 300.06 (1996) as recorded and certified to by Secretary of State.
(e) A copy of the registrant's certificate of authority from the Minnesota Public
Utilities Commission, where the registrant is lawfully required to have such
certificate from said Commission.
(f) Such other information as the City may require.
Subd. 2. Notice of Changes. The registrant shall keep all of the information listed above
current at all times by providing to the City information of changes within fifteen(15)days
following the date on which the registrant has knowledge of any change.
Subd. 3. Grant of Right; Payment of User Fee. Any person required to register under
Section 1165.07, which furnishes utility services or which occupies, uses, or places its
equipment in the right-of-way,is hereby granted a right to do so if and only so long as it pays
the user fees as provided herein in a timely manner and complies with all other requirements
of law. This legal entitlement shall not include use of the right-of-way for purposes not in •
furtherance of furnishing utility services for which additional authorization is required by this
Ordinance or other state or federal law, unless the person pays the user fee for such non-
utility service use.
Such fee shall be paid to the City in substantially equal quarterly installments, subject to
adjustment and correction at the conclusion of the calendar year. This fee shall be paid for
all and any part of a calendar year,prorated on a daily basis,during any time period in which
the permit holder uses or occupies the right-of-way to furnish utility service, or places,
maintains or uses its wires,mains,pipes,or any other facilities or equipment in the right-of-
way.
The granting of such right is expressly conditioned on, and is subject to, continuing
compliance with all provisions of law, including this Section.
Subd. 4. Franchise Agreements; Franchise Payments. This Section does not apply to a
person or business which;uses and occupies the right-of-way for operating its business when
there is a preexisting franchise agreement between that person or business and the City and
franchise payments are made as agreed.
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Section 1165.08. Reporting Obligations.
Subd. 1. Operations,Each Registrant shall at the time or registration and by December 1 of
each year, file a construction and major maintenance plan with the City. Registrants must
use commercially reasonable efforts to anticipate and plan for all upcoming projects and
include all such projects in a construction or major maintenance plan. Such plan shall be
submitted using a format designated by the City and shall contain the information determined
by the City to be necessary to facilitate the coordination and reduction in the frequency of
excavations and obstructions of rights-of-way.
The plan shall include, but not be limited to,the following information:
(1) the specific locations and the estimated beginning and ending dates of all
Projects to be commenced during the next calendar year (in this Section, a "next-
year project"); and
(2) the tentative locations and beginning and ending dates for all projects
contemplated for the five years following the next calendar year (in this Section,
a "five-year project").
The term "project" in this Section shall include both next-year projects and five-year
• projects.
By January 1 of each year the City will have available for inspection in its offices a
composite list of all projects of which it has been informed in the annual plans. All
registrants are responsible for keeping themselves apprised of the current status of this list.
Thereafter, by February 1, each registrant may change any project in its list of next-year
projects, and must notify the City and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time join in a next-year project of
another registrant that was listed by the other registrant.
Subd. 2. Additional Next-year Projects. Notwithstanding the foregoing, the City may,for
good cause shown, allow a registrant to submit additional next-year projects. Good cause
included, but is not limited to,the criteria set forth in Section 1165.17, Subd.3 concerning
the discretionary issuance of permits.
Section 1165.09. Permit Requirement. Except as other wise provided in this Code,no person may
obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way
pen-nit from the City to do so.
Subd. 1. Excavation Permit. An excavation permit is required to allow the holder to
excavate that part of the right-of-way described in such permit and/or to hinder free and open
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passage over the specified portion of the right-of-way by placing equipment described
therein, to the extent and for the duration specified therein.
Subd.2. Obstruction Permit. An obstruction permit is required to allow the holder to hinder
free and open passage over the specified portion of right-of-way by placing equipment,
vehicles, or other obstructions described therein on the right-of-way for the duration
specified therein.
Subd. 3. Permit Extensions. No person may excavate or obstruct the right-of-way beyond
the date or dates specified in the permit unless such person (i) makes a supplementary
application for another right-of-way permit before the expiration of the initial permit,and(ii)
a new permit extension is granted.
Subd. 4. Disruptive Fee. Notwithstanding Subd. 3 of this Section, even if a new permit or
permit extension is granted, the City shall establish and impose a disruptive fee as a civil
penalty for unreasonable delays in right-of-way excavation,obstruction,repair or restoration.
Subd.5. Permit Display. Permits issued under this Chapter shall be conspicuously displayed
at all times at the indicated work site and shall be available for inspection by the City
Inspector and authorized City personnel.
Section 1165.10. Permit Applications. Application for a permit is made to the City. Right-of-way •
permit applications shall contain, and will be considered complete only upon compliance with,the
requirements of the following provisions:
(a) Registration with the City pursuant to this chapter.
(b) Submission of completed permit application form,including all required attachments,
and scaled drawings showing the location and area of the proposed project and the
location of all existing and proposed equipment.
(c) Payment of all money due to the City for:
(1) permit fees and costs due;
(2) prior obstructions or excavations;
(3) any loss, damage, or expense suffered by the City as a result of Applicant's
prior excavations or obstructions of the rights-of-way or any emergency action
taken by the City; and
(4) franchise fees, if applicable.
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• (5) When an excavation permit is requested for purposes of installing additional
equipment, and a performance and restoration bond which is in existence is
insufficient with respect to the additional equipment in the sole determination of the
City, the permit applicant may be required by the City to post an additional
performance and restoration bond in accordance with section 1165.04, Subd. 1.
Section 1165.11. Issuance of Permit: Conditions.
Subd. 1. If the City determines that the applicant has satisfied the requirements of this
chapter, the City may issue a permit.
Subd.2. The City may impose any reasonable conditions upon the insurance of a permit and
the performance of the applicant thereunder in order to protect the public health,safety,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
applicant shall agree(in manner,amount,and substance acceptable to the City)to pay such
fees within thirty (30) days of billing therefor. All permit fees shall be doubled during a
probationary period. Permit fees that were paid for a permit which was revoked for a breach
are not refundable. Any refunded permit fees shall be less all City cost up to and including
the date of refund.
Subd.4. Use of Permit Fees. All obstruction and excavation permit fees shall be used solely
for city management, construction, maintenance and restoration costs of the right-of-way.
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Section 1165.13. Right-of-Way Restoration. •
Subd. 1. Timing. 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
the manner and extent of the restoration, and may do so in written procedures of general
application or on a case-by-case basis. The City,in exercising this authority,shall be guided
but not limited by the following standards and considerations:
(a) the number, size, depth and duration of the excavations,disruptions or damage
to the right-of-way;
(b) the traffic volume catted by the right-of-way;the character of the
neighborhood surrounding the right-of-way,
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• (c) the pre-excavation condition of the right-of-way; remaining life expectancy
of the right-of-way affected by the excavation,
(d) whether the relative cost of the method of restoration to the permit holder is
in reasonable balance with the prevention of an accelerated deprecation of the right-
of-way that would otherwise result from the excavation, disturbance or damage
to the right-of-way; and
(e) the likelihood that the particular method of restoration would be effective in
slowing the deprecation of the right-of-way that would otherwise take place.
Subd. 4. Guarantees. By choosing to restore the right-of-way itself, the permit holder
guarantees its work and shall maintain it fir thirty-six(36)months following the completion.
During this thirty-six month period it shall, upon notification from the City, correct all
restoration work to the extent necessary,using the method required by the City. Said work
shall be completed within five(5)calendar days of the receipt of the notice from the City,not
including days during which work cannot be done because of extraordinary circumstances
or days when work is prohibited as unseasonable or unreasonable under Section 1165.16.
Subd. 2.
Subd. 5. Failure to Restore. If the permit holder fails to restore the right-of-way in the
manner and to the condition required by the City, or fails to satisfactorily and timely
complete all repairs required by the City, the City at its option may preform or cause to be
preformed such work. In that event,the permit holder shall pay to the City,within thirty(30)
days of billing, the cost of restoring the right-of-way. If the permit holder fails to pay as
required, the City may exercise its rights under the performance and restoration bond.
Subd. 6. Degradation Fee In Lieu of Restoration. In lieu of right-of-way restoration, a
permit holder shall pay to the City a degradation fee to cover City costs associated with a
decrease in the useful life of a public right-of-way caused by excavation and repairs.
Payment of a degradation fee does not relieve the permit holder of the obligation to make
necessary right-of-way repairs.
Section 1165.14. Joint Applications.
Subd. 1. Joint Application. Registrants may jointly make application for permits to
excavate or obstruct the right-of-way at the same place and time.
Subd.2. With City Projects. Registrants who join in and during a scheduled obstruction or
excavation preformed by the City, whether or not it is a joint application by two or more
registrants or a single application, are not required to pay the obstruction and degradation
portions of the permit fee.
•
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Subd. 3. Shared Fees. Registrants who apply for permits for the same obstruction or •
excavation,which is not preformed by the City,may share in the payment of the obstruction
of excavation permit fee. Registrants must agree among themselves as to the portion each
will pay indicate the same on their applications.
Section 1165.15. Supplementary Applications.
Subd. 1. Limitation on Area. A right-of-way permit is valid only for the area of the right-
of-way specified in the permit. No permit holder may preform any work outside the area
specified in the permit,except as provided herein. Any permit holder which determines that
an area greater than that specified in the permit must be obstructed or excavated must before
working in that greater area (i) make application for a permit extension and pay any
additional fees necessitated thereby, and(ii) be granted a new permit or permit extension.
Subd. 2. Limitations on Dates. A right-of-way permit is valid only for the dates specified
in the permit. No permit holder may begin its work before the permit start date or, except
as provided therein,continue working after the end date. If permit holder does not finish the
work by the permit end date, it must make application for a new permit for additional time
it needs, and receive the new permit or an extension of the old permit before working after
the end date of the previous permit. This supplementary application must be done before the
permit end date.
Section 1165.16. Other Obligations.
Subd. 1. Compliance with Other Laws. Obtaining a right-of-way permit does not relieve
permit holder of its duty to obtain all other necessary permits, licenses, franchises or other
authorizations and to pay all fees required by the City, any other city, County, State, or
Federal rules, laws or regulations. A permit holder shall comply with all requirements of
local, State and Federal laws, including Minn. Stat. 216D.001-09 ("One Call Excavation
Notice System"). A permit holder shall preform all work in conformance with all applicable
codes and established rules and regulations,and is responsible for all work done in the right-
of-way pursuant to its permit, regardless of who preformed the work.
Subd. 2. Prohibited Work. Except in the case of an emergency, and with the approval of
the City, no right-of-way obstruction or excavation may be preformed when seasonally
prohibited or when conditions are unreasonable for such work.
Subd. 3. Interference with Right-of-Way. A permit holder shall not so obstruct a right-of-
Way that the natural free and clear passage of water through the gutters or other waterways
shall be interfered with. Private vehicles may not be parked with adjacent to a permit area.
The loading or unloading of trucks adjacent to a permit area is prohibited unless specifically
authorized by the permit.
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•
• Section 1165.17. Denial of Permit.
Subd. 1. Mandatory Denial. Except in the case of an emergency, no right-of-way permit
will be granted:
(a) to any person required by Section 1165.04 to be registered who has not done
so;
(b) to any person required by Section 1165.08 to file an annual report but has
failed to do so;
(c) for any next-year project not listed in the construction and major maintenance
plan required under Section 1165.08 unless the person used commercially reasonable
efforts to anticipate and plan for the project;
(d) for any project which requires the excavation of any portion of a right-of-
way which was constructed or reconstructed within the preceding five(5) years;
(e) to any person who has failed within the past three (3) years to comply, or is
presently not in full compliance, with the requirements of the Chapter;
• (f) to any person as whom there exists grounds for the revocation of a permit
under Section 1165.22; and
(g) if, in the sole discretion of the City, the issuance of a permit for the particular
date and/or time would cause a conflict to interfere with an exhibition, celebration,
festival,or any other event. the City,in exercising this discretion,shall be guided by
the safety and convenience of ordinary travel of the public over the right-of-way,and
by considerations relating to the public health, safety and welfare.
Subd. 2. Permissive Denial. The City may deny a permit in order to protect the public
health, safety and welfare, to prevent interference with the safety and convenience of
ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its
users. The City may consider one or more of the following factors:
(a) the extent to which right-of-way space where the permit is sought is
available;
(b) the competing demands for the particular space in the right-of-way;
(c) the availability of other locations in the right-of-way or in other rights-of-
way equipment of the permit applicants;
•
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(d) The applicability of ordinance or other regulations of the right-of-way that •
affect location of equipment in the right-of-way;
(e) the degree of compliance of the applicant with the terms and conditions of
its franchise, if any, this Chapter, and other applicable ordinances and regulations;
(f) the degree of disruption to surrounding communities and businesses that will
result from the use of that part of the right-of-way;
(g) the condition and age of the right-of-way, and whether and when it is
scheduled for a total or partial reconstruction; and
(h) the balancing of the costs of disruption to the public and damage to the right-
of-way, against the benefits to that part of the public served by the expansion into
additional parts of the right-of-way.
Subd. 3. Discretionary Issuance. Notwithstanding the provisions of Section 1165.17,
Subd.l(c) and (d) above, the City may issue a permit in any case where the permit is
necessary to prevent substantial economic hardship to a customer of the permit applicant,or
to allow such customer to materially improve its utility service,or to allow a new economic
development project;and where the permit applicant did not have knowledge ofthe hardship,
the plans for improvement of service, or the development project when said applicant was
required to submit its lists of next-year projects.
Subd. 4. Permits for Additional Next-Year Projects. Notwithstanding the provisions of
Section 1165.17, Subd. 1(c) above, the City may issue a permit to a registrant who was
allowed under Section 1165.08, Subd.2 to submit an additional next-year project, or in the
event the registrant demonstrates that it is used commercially reasonable efforts to anticipate
and plan for the project, such permit to be subject to all other conditions and requirements
of law, including such conditions as may be imposed under Section 1165.11, Subd.2.
Section 1165.18. Installation Requirements. In accordance with Minn. Stat. 237.162, Subd. 8(3);
237.163, Subd. 8; and other provisions of law, and until the Public Utilities Commission adopts
uniform statewide standards,the excavation,restoration,and all other work preformed in the right-
of-way shall be done in conformance with the "Standard Specifications for Street openings" as
promulgated by the City and at a location as may be required by Section 1165.25, Subd.2. the City
may enforce local standards prior to adoption of mandatory,preemptive statewide standards pursuant
to its inherent and historical police power authority.
Section 1165.09. Inspection.
Subd. 1. Notice of Completion of Work. When the work under any permit hereunder is
completed, the permit holder shall notify the City. •
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• Subd. 2. Site Inspection. The permit holder shall make the work-site available to the City
Inspector and to all others as authorized by law for inspection at all reasonable times during
the execution and upon completion of the work.
Subd. 3. Authority of City Inspector. At the time of inspection the City Inspector may order
the immediate cessation of any work which poses a serious threat to life, health, safety or
well-being of the public. The City Inspector may issue an order to the registrant for any
work which does not conform to the applicable standards, conditions or codes. The order
shall state that failure to correct the violation will be cause for revocation of the permit.
Within ten(10)days after issuance of the order,the registrant shall present proof to the City
that the violation has been corrected. If such proof has not been presented within the
required time, the City may revoke the permit pursuant to Section 1165.22.
Section 1165.20. Work Done Without a Permit.
Subd. 1. Emergency Situations. Each Registrant shall immediacy notify the City of the
City's designee of any event regarding its equipment which it considers to be an emergency.
The registrant may proceed to take whatever actions are necessary in order to respond to the
emergency. Within two (2) business days after the occurrence of the emergency, the
registrant shall apply for the necessary permits,pay the fees associated therewith and fulfill
the rest of the requirements necessary to bring itself into compliance with this Chapter for
• the actions it took in response to the emergency.
In the event that the 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.
Section 1165.21. Supplementary_Notification. If the obstruction of evacuation of the right-of-way
begins later or sooner than the date given on the permit, permit holder shall notify the City of the
accurate information as soon as this information is known.
Section 1165.22. Revocation of Permits.
Subd. 1. Substantial Breach. Registrants hold permits issued pursuant to this Code as a
• privilege and not as a right. The City reserves the right,as provided herein and in accordance
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with Minn. Stat.237.163, Subd.4,to revoke any right-of-way permit,without fee refund,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
may be cause for revocation of the permit. Further,a substantial breach,as stated above,will
allow the City, at the City's discretion, to place additional or revised conditions on the
permit.
Subd. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving
notification of the breach,permit holder shall contact the City with a plan,acceptable to the
City Inspector,for its correction. The permit holder's failure to so contact the City Inspector,
the permit holder's failure to submit an acceptable plan, or the permit holder's failure to
reasonably implement the approved plan shall be cause for immediate revocation of the
permit. Further, permit holder's failure to so contact the City Inspector, or the permit
holder's failure to reasonably implement the approved plan shall automatically place the
permit holder on probation for one (1)full year.
Subd. 4. Cause for Probation. From time to time,the city may establish a list of conditions
of the permit which,if breached,will automatically place the permit holder on probation for
one (1) full year, such as, but not limited to, working out of the allotted time period or
working on right-of-way outside of the permit.
•
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• Subd. 5. Automatic Revocation. If a permit holder,while on probation, commits a breach
as outlined above, permit holder's permit will automatically be revoked and permit holder
will not be allowed further permits for one (1) full year, except for emergency's repairs.
Subd.6. Reimbursement of City Costs. If a permit os revoked,the permit holder shall also
reimburse the City for the City's reasonable costs, including restoration costs and the costs
of collection and reasonable attorney's fees incurred in connection with such revocation.
Section 1165.23 Appeals.
Subd. 1. Appeal Process. If an applicant has been denied registration,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. Binding Arbitration. Upon affirmation by the City Council of the denial,
revocation,or fee imposition,the telecommunications right-of-way user shall have the right
to have the matter resolved by binding arbitration. Binding arbitration must be before an
L • arbitrator agreed to by both the City and the person. If the parties cannot agree on a
arbitrator, the matter must be resolved by a three-person arbitration panel made up of one
arbitrator selected by the City, one arbitrator selected by the person, and one arbitrator
selected by the other two arbitrators. The costs and fees of a single arbitrator shall be borne
equally by the City and the person. In the event there is a third arbitrator, each party shall
bear the expense of its own arbitrator and shall jointly and equally bear with the other party
the expense of the third arbitrator and of the arbitrator.
Subd. 3. Appeal Costs. Each party to the arbitrators shall pay its own costs,disbursements,
and attorney fees.
Section 1165.24. Mapping Data.
Subd. 1. Information Required. Except as provided in Subd.2 of this Section,each registrant
shall provided to the City information indicating the horizontal and vertical location,relative
to the boundaries of the right-of-way, of all equipment which it owns or over which it has
control and which is located in any right-of-way ("Mapping Data"). Mapping data shall be
provided with the specificity and in the format requested by the City for inclusion in the
mapping system used by the City. Notwithstanding the foregoing, mapping data shall be
submitted by all registrants for all equipment which is to be installed or constructed after the
date of passage of this ordinance at the time any permits are sought under this Section.
•
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Subd. 2. Supplemental Information. Within six months of the acquisition, installation, of
construction of additional equipment or any relocation,abandonment,or disuse of excavating
equipment, each registrant shall supplement the mapping data required herein.
Subd. 3. Comprehensive Equipment Plans. Each registrant shall, within six months after
the date of passage of this ordinance,submit a plan to the City specifying in detail the steps
it will take economically with the requirements of this Section. This plan shall provide for
the submission of all mapping data for Commercial and Industrial Zoning Districts within
2 years after the date of passage of this ordinance,and for the remainder of the City as early
as may be reasonable and practical,but not later than 5 years after the date of passage of this
ordinance. for the remainder of the City as early as may be reasonable and practical,but not
later than five (5) years after the date of passage of this ordinance.
After six(6) months after the passage of this ordinance, a new registrant, or a registrant
which has not submitted a plan as required above, shall submit complete and accurate
mapping data for all its equipment at the time any permits are sought under this Chapter.
Subd.4. Telecommunications Equipment. Information on existing facilities and equipment
of telecommunications right-of-way users need only be supplied in the form maintained by
the telecommunications right-of-way user.
Subd. 5. Trade Secret Information. At the request of any registrant, any information •
requested by the City,which qualifies as a"trade-secret"under Minn. Stat. 13.37(b)shall be
treated as trade secret information as detailed therein. With respect to the provision of
mapping data, the City may consider unique circumstances from time to time required to
obtain mapping data.
Section 1165.25. Location of Equipment.
Subd. 1. Undergroundin& Unless otherwise permitted by an existing franchise or Minnesota
Statue 21613.34,or unless existing above-ground equipment is repaired or replaced,or unless
infeasible such as in the provision of electric service at certain voltages, new construction,
installation of new equipment, and the replacement of old equipment shall be done
underground or contained within buildings or other structures in conformity with applicable
codes unless otherwise agreed to by the City in witting, and such agreement is reflected in
applicable permits.
Subd. 2. Corridors. The City may assign specific corridors within the right-of-way,or any
particular segment thereof as may be necessary, for each type of equipment that is or,
pursuant to current technology,the City expects will someday be located within the right-of-
way. Excavation, obstruction, or other permits issued by the City for good involving the
installation or replacement of equipment may designate the proper corridor for the equipment
at issue and such equipment must be located accordingly.
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• Subd. 3. Moving of Existing Equipment to Corridors. Any registrant whose equipment is
located prior to enactment of this Chapter in the right-of-way in a position at variance with
corridors established by the City shall, no later than at a time of the next reconstruction of
excavation of the area where its equipment is located, move that equipment to its assigned
position within the right-of-way, unless this requirement is waived by the City for good
cause shown, upon consideration of such factors as the remaining economic life of the
facilities, public safety, customer service needs and headship to the registrant.
Subd. 4. Nuisance. One year after the passage of this ordinance, any equipment found in
a right-of-way that has not been registered shall be deemed to be a nuisance. The City may
exercise any remedies or rights it has at law or in equity, including, but not limited to,
abating the nuisance or taking possession of the equipment and restoring the right-of-way
to a usable condition.
Subd. 5. Limitation of Space. To protect health, safety and welfare,the City shall have the
power to prohibit or limit the placement of new additional equipment within the right-of-way
if there is insufficient space to accommodate all of the requests of registrant or persons to
occupy and use the right-of-way. In making such decisions,the City shall strive to the extent
possible to accommodate all existing and potential users of the right-of-way, but shall be
guided primarily by considerations of public interest, the public's needs for the particular
service,the condition of the right-of-way,the time of year with respect to essential utilities,
• the protection of existing equipment in the right-of-way, and future City plans for public
improvements and development projects which have been determined to be the public
interest.
Section 1165.26 Relocation of Equipment.
Subd. 1. Removal of Equipment. A registrant must promptly and at its own expense,with
due regard for seasonal working conditions,permanently remove and relocate its equipment
and facilities in the right-of-way whenever the City requests such removal and relocation,
and shall restore the right-of-way to the same condition it was in prior to said removal or
relocation. The City may make such requests in order to prevent inference by the company's
equipment or facilities with a present or future City use of the right-of-way; a public
improvement undertaken by the City; an economic development project in which the City
has an interest or investment; when the public health,safety and welfare requires it; or when
necessary to prevent interference with the safety and convenience or ordinary travel over the
right-of-way.
Notwithstanding the forgoing, a person shall not be required to remove of relocate its
equipment from any right-of-way which has been vacated in favor of non-governmental
entity to the person therefor.
•
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Section 1165.27. Pre-Excavation Equipment Location. In addition to complying with the
requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice System") before the start •
date of any right-of-way excavation, each registrant who has equipment located in the area to be
excavated shall mark the horizontal and approximate vertical placement of all said equipment. Any
registrant whose equipment is less then twenty(20)inches below a concrete or asphalt surface shall
notify and work closely with the excavation contractor in an effort to establish the exact location of
its equipment and the best procedure for excavation.
Section 1165.28. Damage to Other Equipment.
Subd. 1. Maintenance Work by City. When the City performs work in the right-of-way and
finds it necessary to maintain, support,or move a registrant's equipment in order to protect
it,the City shall notify the local representative as early as is reasonably possible. The costs
associated therewith will be billed to that registrant and must be paid within thirty(30)days
from the date of billing.
Subd. 2. Responsibility of Registrant. Each registrant shall be responsible for the cost of
repairing any equipment in the right-of-way which it or its equipment damages. Each
registrant shall be responsible for the cost of repairing any damage to the equipment of
another registrant cause during the City's response to an emergency occasioned by that
registrant's equipment.
Section 1165.29. Right-of-Way Vacation. •
Subd. 1. Reservation of Right. If the City vacates a right-of-way which contains the
equipment of a registrant, and if the vacation does not require the relocation of registrant or
permit holder equipment, the City shall reserve, to and for itself and all registrant having
equipment in the vacated right-of-way, the right to install, maintain and operate any
equipment in the vacated right-of-way and to enter upon such right-of-way at any time for
the purpose of reconstructing, inspecting, maintaining or repairing the same.
Subd. 2. Relocation of Equipment. If the vacation requires the relocation of the registrant
or permit holder equipment and;(a)if the vacation proceedings are initiated by the registrant
or permit holder, the registrant or permit holder must pay the relocation costs; or(b) if the
vacation proceedings are initiated by the City and the registrant or permit holder must pay
the relocation costs unless otherwise agreed to by the City and the registrant to permit holder;
or(c)if the vacation proceeding are initiated by a person or persons other than the registrant
or permit holder, such person or persons must pay the relocation costs.
Section 1165.30. Indemnification and Liability.
Subd. 1. Limitation of Liability. By reason of the acceptance of a registration or a grant of
the right-of-way permit, the City does not assume any liability; (a) for injuries to persons, •
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damage to property,or loss of service claims by parities other than the registrant or the City;
or (b) for claims or penalties of any sort resulting from the installation, presence,
maintenance, or operation of equipment be registrants or activities of registrants.
Subd. 2. Indemnification. By registering with the City,a registrant agrees, or by accepting
a permit under this Chapter, a permit holder is required to defend, indemnify, and hold the
City whole and harmless from all costs, liabilities, and claims for damages of any kind
arising out of the construction,presence,installation,maintenance,repair or operation of its
equipment, or out of any activity undertaken in or near a right-of-way, whether or not any
act or omission complained of its authorized, allowed, or prohibited by a right-of-way
permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or
other proceeding claiming damages,or seeking any other relief against the City for any claim
nor for any award arising out of the presence, installation, maintenance or operation of its
equipment, or any activity undertaken in or near a right-of-way, whether or not the act or
omission complained of its authorized, allowed or prohibited by right-of-way permit. The
foregoing does not indemnify the City for its own negligence except for the claims arising
out of or alleging the City's negligence where such negligence arises out of or is primarily
related to the presence, installation, construction. operation, maintenance or repair of said
equipment by the registrant or on the registrant's behalf, including, but not limited to, the
insurance of permits and inspection of plans or work. This Section is not,as to third parties,
a wavier of any defense or immunity otherwise available to the registrant or to the City;and
• the registrant, in defending any action on behalf of the City, shall be entitled to asset in any
action every defense or immunity that the City could asset in its own behalf.
Section 1165.31. Future Uses. In placing any equipment,or allowing it to be placed,int he right-of-
way the City is not liable for any damages caused thereby to any registrant's equipment which is
already in place. No registrant is entitled to rely on the provisions of this Chapter, and no special
duty is created as to registrant. This Chapter is enacted to protect the general health, welfare and
safety of the public at large.
Section 1165.32. Abandoned and Unusable Equipment.
Subd. 1. Discontinued Operations. A registrant who has determined to discontinue its
operations with respect to any equipment in any right-of-way,or segment or portion thereof,
in the City must either:
(a) provide information satisfactory to the City that the registrant's obligations
for its equipment in the right-of-way under this Chapter have been lawfully
assumed by either registrant; or
(b) submit to the City a proposal and instruments for transferring ownership of
its equipment to the City. If a registrant proceeds under this clause, the City
• may, at its option:
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(1) purchase the equipment; or
(2) require the registrant, at its own expense,to remove it; or
(3) require the registrant to post an additional bond or an increased bond
amount sufficient to reimburse to City for reasonably anticipated costs to be
incurred in removing the equipment.
Subd. 2. Abandoned Equipment. A registrant's equipment that fails to comply with the
proceeding paragraph and which has remained unused for 2 years shall be deemed to be
abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any
remedies or rights it has a law or in equity, including, but not limited to: (a) abating the
nuisance; (b)taking possession of the equipment and restoring it to a usable condition; (c)
requiring removal of the equipment by the registrant or by the registrant's surety; or, (d)
exercising its rights pursuant to the performance and restoration bond.
Subd. 3. Removal. Any registrant who has unusable equipment in nay right-of-way shall
remove it from that right-of-way during the next scheduled excavation, unless this
requirement is waived by the City.
Section 1165.33. Reservation of Re u� 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 •
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unenforceable,then any such permit right or registration granted or deemed to exist hereunder shall
be considered as a revocable permit with mutual right in either party to terminate without cause
giving sixty (60) days written notice to the other. The requirements and conditions of such a
revocable permit shall be the same requirements and conditions as set forth in the permit, right or
registration, respectively, except for the conditions relating to the term of the permit and the right
of termination. If a permit,right or registration shall be considered a revocable permit as provided
herein,the permit holder must acknowledge the authority of the City Council to issue such revokable
permit and the power to revoke it. Nothing in this Section precludes the City from requirements set
forth herein.
Section 1165.33. Non-Exclusive Remedy. The remedies provided in this Section and other
Chapters in the Legislative Code are not exclusive or in lieu of other right and remedied that the City
may have at law or in equity. The City is hereby authorized to seek legal and equitable relief for
actual of threatened injury to the public rights-of-way, including damages to the rights-of-way,
whether or not caused by a violation of any of the provisions of this Section or other provisions of
the Legislative Code.
Section 2. This ordinance shall take effect following its passage and publication according to law.
First reading:
Second reading:
Adopted:
Mayor
_ ATTEST:
City Clerk
Publish: St. Anthony Bulletin
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