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HomeMy WebLinkAboutCC PACKET 11142017 Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.       Call to Order.  Pledge of Allegiance. Roll Call. Consideration, discussion, and possible action on all of the following items: I. Approval of the November 14, 2017, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. III. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approval of October 24, 2017, City Council meeting minutes. (pp.1-5) B. Licenses and Permits. (pp.7) C. Claims. (pp.9-11) D. Resolution 17-074 a resolution Deferring a Special Assessment for the 2017 Street Improvement Project. (pp.13) IV. Public Hearing. A. Ordinance 2017-03 an ordinance Setting Sewer, Water and Storm Water charges for 2018. Shelly Rueckert, Finance Director presenting. (1st of 3 readings). (pp.15-35) V. Reports from Commission and Staff. A. Resolution 17-075 a resolution approving a Conditional Use permit to allow an Adult Day- Care Center located at 2400 37th Avenue NE. Mark Kalar, Planning Commissioner presenting. (pp.37-56) VI. General Business of Council. A. Ordinance 2017-04 an ordinance Amending Chapter 96 Right of Way Management. Mark Casey, City Manager presenting. (1st of 3 readings). (pp.57-97) B. Resolution 17-076 a resolution of the Canvass of the 2017 General Municipal Election. Mark Casey, City Manager presenting. (pp.99) VII. Reports from City Manager and Council members. VIII. Community Forum Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk’s record, and limit their remarks to five CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA NOVEMBER 14, 2017 7:00 p.m. HRA meeting immediately after council meeting Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. IX. Information and Announcements X. Adjournment. CITY OF ST. ANTHONY 1 CITY COUNCIL REGULAR MEETING MINUTES 2 OCTOBER 24, 2017 3 4 CALL TO ORDER. 5 6 Mayor Faust called the meeting to order at 7:00 p.m. 7 8 PLEDGE OF ALLEGIANCE. 9 10 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11 12 ROLL CALL. 13 14 Present: Mayor Faust; Councilmembers Jenson, and Stille. 15 Absent: Councilmember Gray. 16 Also Present: Police Chief Mangseth, Police Sergeant Mike Huddle, Police Captain Jeff Spiess and 17 Assistant to the City Manager Charlie Yunker 18 19 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 20 ITEMS. 21 22 I. APPROVAL OF OCTOBER 24, 2017 CITY COUNCIL MEETING AGENDA. 23 24 Motion by Councilmember Jenson, seconded by Councilmember Stille, to approve the City 25 Council Meeting Agenda of October 24, 2017 as presented. 26 27 Motion carried 3-0. 28 29 II. PROCLAMATIONS AND RECOGNITIONS - NONE. 30 31 32 III. CONSENT AGENDA.33 34 A.Approval of October 10, 2017, City Council Meeting Minutes.35 B.Licenses and Permits.36 C.Claims.37 D.Resolution 17-071; a Resolution Designating Polling Places for the 2018 State Primary38 and State General Election.39 40 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Consent 41 Agenda items. 42 43 Motion carried 3-0. 44 45 IV. PUBLIC HEARINGS.46 47 A.Body Camera Policy.48 49 1 City Council Regular Meeting Minutes October 24, 2017 Page 2 Police Chief Jon Mangseth provided a staff report and appendixes for a Body Worn Camera 1 Policy. Per state statute, the law adds a new public comment provision in Minnesota Statutes, 2 section 626.8473. It states that a law enforcement agency has to provide an opportunity for 3 public comment before written policy adoption. Chief Mangseth noted all of the documents can 4 be found on the City Website. Chief Mangseth reviewed the policy development process, why 5 body worn cameras, the benefits of BWC’s, and concerns with BWC’s. Chief Mangseth 6 reviewed the laws governing BWC’s including State Statutes, Data Retention, Access to the Data 7 and Audit. A summary of the policy was presented. 8 9 Sergeant Mike Huddle provided a demonstration of the BWC using a Panasonic model for this 10 demonstration. A sample video was shown. He noted the St. Anthony Officers welcome this 11 technology. He thanked the residents of St. Anthony for supporting BWC’s for the Police 12 Department. 13 14 Councilmember Stille asked Chief Mangseth to describe how we got to this point with the Task 15 Force, etc. Chief Mangseth stated this was started in the later part of last year. The Tri-City Work 16 Group was formed. Monthly meetings were held in January, February and March 2017 with 17 knowledge experts on BWC’s presentations. Councilmember Stille asked if any comments were 18 received from residents prior to this meeting. Chief Mangseth stated there was one anonymous 19 comment and it stated “not to buy them unless you are going to make them wear them”. Chief 20 Mangseth stated this will not be an issue as the Officers are looking forward to wearing them. 21 22 Councilmember Jenson referred to the detailed policy and asked what will be done with the 23 operating system to ensure adequate rigor is put in place to be fully compliant. Chief Mangseth 24 stated a short training session will be held on the policy contents. The biennial audit will be done 25 and all videos will be reviewed on a daily basis. Councilmember Jenson asked if civilians will 26 have any access to the tapes. Chief Mangseth referred to the MN Govt Data Practices Act and 27 reviewed at what point the data can be requested. 28 29 Mayor Faust invited anyone present to fill out a form and give it to Mr. Yunker if they wish to 30 speak. Mayor Faust stated he does not see an issue in getting the Officer’s to use the BWC’s and 31 believes this is a great step forward. Mayor Faust invited residents to call Chief Mangseth if they 32 have any questions and to review the information on the City website. 33 34 Mayor Faust closed the public hearing at 7:40 p.m. 35 36 V. REPORTS FROM COMMISSION AND STAFF. 37 38 VI. GENERAL BUSINESS OF COUNCIL. 39 40 A. Resolution 17-072; a Resolution Revoking the Massage License for Solace and Wellness, 41 Located at 2500 Highway 88. 42 43 44 45 2 City Council Regular Meeting Minutes October 24, 2017 Page 3 Police Captain Spiess reviewed a resolution to revoke a massage license for Solace and Wellness 1 located at 2500 Hwy. 88. A letter was sent to the massage license holder (Ms. Chrisler) citing 2 pending revocation issues and was provided for Council review. He reviewed the results of the 3 investigation reports made by the investigating officers some of which was included in the letter 4 sent to Ms. Chrisler. 5 6 Captain Spiess mentioned he spoke with the President of the Association representing North 7 Gate Office Park who stated there are several women working out of several of the suites in the 8 North Gate Office Park. He stated Ms. Chrisler is the main one and she usually stays close to 9 Suite 219. He has never seen a female client at the “business”. 10 11 Ms. Chrisler stated she is very upset with these accusations. She referred to items in the letter 12 sent to her by City Manager Casey. Ms. Chrisler stated she knows Lianna Winters and they 13 shared an account with each other but she never worked with her. She stated she does not know 14 anything about her working in the Office Park. Lashawna Thao was Ms. Chrisler’s intern who is 15 taking online classes for massage therapy. Ms. Chrisler gave Ms. Thao clients so she could earn 16 commission and get hours for her training requirements. She has full control in giving her the 17 clients. That is the reason Ms. Chrisler added another room because of Ms. Thao’s work with the 18 clients. Ms. Chrisler feels the reviews are very biased. People can go on websites and say 19 anything they want. The reviews are false and she has nothing to hide. She is very embarrassed 20 by this situation and does not want to lose her business or her livelihood because of these false 21 reviews. She said the building management knows that she does massage and she would not do 22 anything to harm herself or her kids. Ms. Chrisler asked why is the City coming after her – 23 because she’s Asian – because she’s licensed. Why not go after the other massage salons. She 24 stated she follows the rules and resolutions. She is not what you think. She asked why “you” 25 didn’t come in and make an appointment and find out what is going on. 26 27 Mayor Faust asked if Ms. Chrisler has any female clients and Ms. Chrisler said she does. Mayor 28 Faust stated the license was for one person. Ms. Chrisler stated she has an intern. Mayor Faust 29 stated that is a violation of the license permit. Mayor Faust stated when Ms. Chrisler was before 30 the Council April 11, she stated she would be the only person working there. Mayor Faust stated 31 he also asked Ms. Chrisler to stop advertising on Backpage and Ms. Chrisler agreed. Mayor 32 Faust stated there is another person working with Ms. Chrisler and she continues to advertise on 33 Backpage. Ms. Chrisler stated she does not do “full service” and she is very careful at how she 34 advertises. She gets calls from people asking for many things – she tries to weed out those types 35 of people. 36 37 Motion by Mayor Faust, seconded by Councilmember Stille, to approve Resolution 17-072; a 38 Resolution Revoking the Massage License for Solace and Wellness located at 2500 Highway 88. 39 40 Motion carried 3-0. 41 42 B. Ordinance 2017-03 an Ordinance Approving the Comcast Cable Television Franchise. 43 44 Assistant to the City Manager Yunker reviewed this is the third and final reading of an ordinance 45 to approve the renewal of the Comcast cable television franchise along with a resolution 46 3 City Council Regular Meeting Minutes October 24, 2017 Page 4 approving summary publication of the ordinance. Minnesota Statute 412.191 (4) allows for 1 summary publications in cases where the ordinance publications are lengthy, or ordinances 2 include charts or maps. Following the adoption of the ordinance, and the summary publication, 3 the summary of the ordinance will be published in the November 1, 2017 edition of the St. 4 Anthony Bulletin which is the official newspaper for the City of St. Anthony. 5 6 Motion by Councilmember Jenson, seconded by Councilmember Stille, to approve final reading 7 and adoption of Ordinance 2017-03; an Ordinance Approving the Comcast Cable Television 8 Franchise. 9 10 Motion carried 3-0. 11 12 C. Resolution 17-073 a resolution Approving Summary Publication of Ordinance 2017-03 13 Comcast Franchise Agreement. 14 15 Assistant to the City Manager Yunker stated this is the resolution approving the Summary 16 Publication of the Ordinance previously adopted. 17 18 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution 19 17-073; a Resolution Approving Summary Publication for Ordinance 2017-03. 20 21 Motion carried 3-0. 22 23 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 24 25 Councilmember Stille stated he attended the Planning Commission Meeting on October 23, 26 2017. 27 28 Councilmember Jenson had no report. 29 30 Mayor Faust had no report. 31 32 VIII. COMMUNITY FORUM. 33 34 Mr. Thomas Issacson, 2604 Pahl Avenue, voiced his support for the City Manager’s 35 recommendation to start a Technical Assistance Panel for the Lowry Grove Project. He asked 36 that the 27th Street alley be included in the project if it goes forward, in addition to the 37 commercial lots on the corner by the Kenzington on Kenzie Terrace. 38 39 Ms. Sandy Sherman 4008 Foss Road, she was not able to attend the last meeting. She expressed 40 her disappointment that the people who lived in Lowry Grove were evicted from their homes 41 before any decision was made as to what type of development would be put in there. This was 42 not necessary. Mayor Faust stated the City followed State Statute. Ms. Sherman stated 97 people 43 with children and families lost their homes. She is ashamed to live here as that did not need to 44 happen when it did. She felt they should have been able to stay in their homes until the project 45 4 City Council Regular Meeting Minutes October 24, 2017 Page 5 decision was made. She has heard from many residents how disgusted they were with the 1 eviction of the Lowry Grove residents. 2 3 IX. INFORMATION AND ANNOUNCEMENTS - NONE.4 5 X. ADJOURNMENT. 6 7 Mayor Faust adjourned the meeting at 8:10 p.m. 8 9 10 Respectfully submitted, 11 Debbie Wolfe 12 TimeSaver off Site Secretarial, Inc. 13 14 15 16 Mayor 17 ATTEST: 18 City Clerk 19 20 5 THIS PAGE LEFT INTENTIONALLY BLANK 6 Saint Anthony Village DATE: November 14, 2016 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors Licenses: Empire Stone Masonry, Fridley, MN Living Water Tree Service, Andover, MN Morcon Construction, Fridley, MN Mechanical Licenses: All Climate Mechanical, Fridley, MN Minnesota Heating & AC, Maple Grove, MN NAC Mechanical & Electrical Services, Vadnais Heights, MN OT Heating & Cooling, Coon Rapids, MN Perfection Heating & Air, Maplewood, MN Standard Construction, Minneapolis, MN Walter Mechanical, Burnsville, MN Rental Licenses: Applicant: Roy Quady Location: 2807 33rd Ave NE Applicant: Daniel Lancette Location: 3517 37th Ave NE Applicant: Laramar Liberty Location: 2808 Silver Ln NE 7 THIS PAGE LEFT INTENTIONALLY BLANK 8 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 10/20/2017 - 11/15/2017 Nov 08, 2017 01:53PM Vendor Number Payee Check Number Check Issue Date Amount 11798 CENTRAL PENSION FUND LOCAL #49 33518 10/20/2017 2,764.80 10710 ICMA RETIREMENT TRUST 33519 10/20/2017 1,735.00 11813 NCPERS GROUP LIFE INSURANCE 33520 10/20/2017 48.00 12077 SUN LIFE FINANCIAL 33521 10/20/2017 840.00 10710 ICMA RETIREMENT TRUST 33522 11/03/2017 1,735.00 11792 INTERNATIONAL UNION LOCAL #49 33523 11/03/2017 414.00 11793 LAW ENFORCEMENT LABOR SERVICES 33524 11/03/2017 833.00 10002 LOCAL UNION IAFF #3486 33525 11/03/2017 336.72 12558 JORDAHL-REDLIN, ERIN 33526 11/02/2017 337.41 1118 56 BREWING 33527 11/15/2017 300.00 10011 ABLE HOSE & RUBBER LLC 33528 11/15/2017 140.86 1121 ABLE SEED HOUSE + BREWERY 33529 11/15/2017 1,300.00 10054 ALLIANCE MECHANICAL 33530 11/15/2017 12,707.00 1054 AMERICAN BOTTLING CO 33531 11/15/2017 421.60 10078 AMERICAN WATER WORKS ASSN 33532 11/15/2017 202.00 10098 ARAMARK 33533 11/15/2017 337.88 1100 ARTISIAN BEER COMPANY 33534 11/15/2017 7,673.70 10115 ASPEN MILLS 33535 11/15/2017 295.85 12461 AXON ENTERPRISES INC 33536 11/15/2017 2,537.99 12559 BARRETT, MONICA 33537 11/15/2017 20.00 12554 BASARA, JEFF 33538 11/15/2017 235.78 10159 BEISSWENGER'S 33539 11/15/2017 19.99 1013 BELLBOY CORPORATION 33540 11/15/2017 9,315.90 1014 BELLBOY CORPORATION 33541 11/15/2017 314.90 12560 BERNHARDT, HENRY 33542 11/15/2017 25.00 1035 BERNICK'S BEVERAGE & VENDING 33543 11/15/2017 5,342.00 12526 BONA BROS AUTO & TRUCK SERVICE 33544 11/15/2017 432.76 8544 BOURGET IMPORTS 33545 11/15/2017 2,730.00 10187 BOYER TRUCKS, INC.33546 11/15/2017 25.25 1018 BREAKTHRU BEVERAGE MN BEER 33547 11/15/2017 15,006.95 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 33548 11/15/2017 13,670.08 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 33549 11/15/2017 5,934.37 10197 BRIAN NELSON INSPECTION SVCS 33550 11/15/2017 2,266.50 12459 BUDHRAM, PADMENI 33551 11/15/2017 1.00 1114 CANNON RIVER WINERY 33552 11/15/2017 144.00 1017 CAPITOL BEVERAGE SALES 33553 11/15/2017 15,918.64 10246 CASEY, MARK 33554 11/15/2017 256.55 12150 CITY OF NEW BRIGHTON 33555 11/15/2017 8,213.95 10293 CITY OF ROSEVILLE 33556 11/15/2017 16,355.36 12303 CITY WIDE LOCK & SAFE, LLC 33557 11/15/2017 92.21 1010 CLEAR RIVER BEVERAGE COMPANY 33558 11/15/2017 644.40 10319 COLUMBIA HEIGHTS RENTAL 33559 11/15/2017 163.49 12044 COMPASS MINERALS 33560 11/15/2017 9,602.38 10332 COMPTON'S COMMERCIAL CLNG. INC 33561 11/15/2017 3,578.00 10338 CONNELLY ELECTRONICS 33562 11/15/2017 454.97 12561 CORE & MAIN LP 33563 11/15/2017 975.00 1042 CRYSTAL SPRINGS ICE 33564 11/15/2017 345.54 10438 D ROCK CENTER & SMALL ENG 33565 11/15/2017 78.00 10375 DALCO 33566 11/15/2017 608.38 10417 DISCOUNT STEEL, INC.33567 11/15/2017 12.36 10468 ELECTRO WATCHMAN INC 33568 11/15/2017 22,166.41 10501 FASTENAL COMPANY 33569 11/15/2017 57.11 10508 FERGUSON WATERWORKS 33570 11/15/2017 608.58 9 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 10/20/2017 - 11/15/2017 Nov 08, 2017 01:53PM Vendor Number Payee Check Number Check Issue Date Amount 10526 FLEETPRIDE 33571 11/15/2017 25.83 10539 FRATTALLONE'S HARDWARE 33572 11/15/2017 9.13 10544 FREEWAY TOWING 33573 11/15/2017 107.12 10550 G & K SERVICES INC 33574 11/15/2017 1,385.32 11866 GALLS 33575 11/15/2017 104.93 10554 GCR TIRES & SERVICE 33576 11/15/2017 914.03 1110 GENERAL INDUSTRIAL SUPPLY CO 33577 11/15/2017 350.16 10573 GOODIN COMPANY 33578 11/15/2017 86.05 10578 GOPHER STATE ONE CALL 33579 11/15/2017 388.75 1021 GREAT LAKES COCA COLA 33580 11/15/2017 1,240.22 12555 GREEN JACKET LLC 33581 11/15/2017 41.66 10601 GROVE NURSERY 33582 11/15/2017 2,385.50 12562 HAGE CONCRETE WORKS 33583 11/15/2017 2,714.89 12539 HAROLD J. PIETIG & SONS INC 33584 11/15/2017 2,100.00 10624 HAWKINS, INC 33585 11/15/2017 5,462.30 10631 HEALTH PSYCHOLOGY SOLUTIONS 33586 11/15/2017 1,500.00 10636 HEDBACK, ARENDT & CARLSON PLLC 33587 11/15/2017 3,500.00 10642 HENN CNTY INFO TECH DEPT 33588 11/15/2017 2,982.22 10651 HENNEPIN COUNTY MEDICAL CENTER 33589 11/15/2017 125.00 10661 HENNEPIN COUNTY TREASURER 33590 11/15/2017 531.35 1019 HOHENSTEIN'S, INC 33591 11/15/2017 6,036.10 10684 HOME DEPOT CREDIT SERVICES 33592 11/15/2017 442.83 12556 HOPPER, DEBORAH 33593 11/15/2017 28.85 1027 INDEED BREWING COMPANY 33594 11/15/2017 4,960.00 10733 INSTRUMENTAL RESEARCH, INC.33595 11/15/2017 90.00 11754 INTEGRATED LOSS CONTROL, INC.33596 11/15/2017 598.00 12105 INTERSTATE ALL BATTERY CENTER 33597 11/15/2017 112.95 12315 IRC RETAIL CENTERS SALO PARK 33598 11/15/2017 2,671.32 12313 IRC RETAIL CENTERS SLV LIQ 33599 11/15/2017 2,284.83 12462 JACKSON & ASSOCIATES LLC 33600 11/15/2017 1,841.10 1016 JJ TAYLOR DISTRIBUTING 33601 11/15/2017 24,875.37 1102 JOHNSON BROTHERS 33602 11/15/2017 8,761.09 1004 JOHNSON BROTHERS LIQUOR CO.33603 11/15/2017 6,980.41 1005 JOHNSON BROTHERS LIQUOR COMPANY.33604 11/15/2017 16,678.10 1006 JOHNSON BROTHERS LIQUOR COMPANY.33605 11/15/2017 12,246.76 1044 JOHNSON BROTHERS LIQUOR COMPANY.33606 11/15/2017 9,202.16 12557 KAUL, ROBERT & JOY 33607 11/15/2017 85.08 10797 KONICA MINOLTA BUSINESS 33608 11/15/2017 57.90 12563 LAMERAND, ELANOR 33609 11/15/2017 15.00 12340 LARSON, ALISSA 33610 11/15/2017 67.50 10839 LEROY SIGNS 33611 11/15/2017 2,465.00 11985 MANSFIELD OIL COMPANY 33612 11/15/2017 1,098.68 10916 MENARDS LUMBER 33613 11/15/2017 102.15 10931 METROPOLITAN COUNCIL - WASTEWATER 33614 11/15/2017 53,615.86 10939 MIDWAY FORD 33615 11/15/2017 68.31 10982 MINNESOTA DEPT OF HEALTH 33616 11/15/2017 23.00 11037 MINNESOTA DEPT PUBLIC SAFETY 33617 11/15/2017 40.00 10994 MINNESOTA OCCUPATIONAL HEALTH 33618 11/15/2017 59.00 2006 MODIST BREWING COMPANY 33619 11/15/2017 526.14 11061 MORRELL ENTERPRISES, LP 33620 11/15/2017 214.20 11089 NAPA AUTO PARTS 33621 11/15/2017 97.99 1125 NEGOCE 33622 11/15/2017 370.92 1051 NEW FRANCE WINE COMPANY 33623 11/15/2017 5,143.00 10 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 10/20/2017 - 11/15/2017 Nov 08, 2017 01:53PM Vendor Number Payee Check Number Check Issue Date Amount 12564 NIEMI, ABIGAIL 33624 11/15/2017 10.00 11131 NORTH SUBURBAN ACCESS CORPORATION.33625 11/15/2017 1,161.47 11163 OFFICE DEPOT 33626 11/15/2017 794.98 11185 PACE ANALYTICAL SERVICES, INC.33627 11/15/2017 858.50 1012 PAUSTIS & SONS 33628 11/15/2017 2,153.71 1001 PHILLIPS WINE & SPIRITS 33629 11/15/2017 6,531.62 1002 PHILLIPS WINE & SPIRITS 33630 11/15/2017 9,261.32 12447 PMG 56 LLC MN SERIES 33631 11/15/2017 213.12 11246 PRAXAIR 33632 11/15/2017 40.25 11260 PROFESSIONAL TURF & RENOVATION 33633 11/15/2017 7,450.00 11291 RAIN DROP PRODUCTS 33634 11/15/2017 10,705.00 11299 RAMSEY COUNTY 33635 11/15/2017 990.00 1062 RED BULL DISTRIBUTION COMPANY 33636 11/15/2017 313.50 1020 ROOTSTOCK WINE COMPANY 33637 11/15/2017 1,413.24 11345 ROSEVILLE CHRYSLER DODGE 33638 11/15/2017 215.22 12346 SHRED IT 33639 11/15/2017 33.00 1024 SOUTHERN GLAZER'S OF MN 33640 11/15/2017 4,326.57 1008 SOUTHERN GLAZER'S OF MN 33641 11/15/2017 4,032.91 1026 SOUTHERN GLAZER'S OF MN 33642 11/15/2017 22,290.09 1036 SOUTHERN GLAZER'S OF MN 33643 11/15/2017 347.84 11434 SPECIALIZED ENVIRONMENTAL 33644 11/15/2017 400.00 11457 ST ANTHONY VILLAGE CENTER, LLC 33645 11/15/2017 2,229.56 11464 ST. ANTHONY VILLAGE KIWANIS 33646 11/15/2017 70.00 12328 TECH DUMP 33647 11/15/2017 500.00 11566 TIMESAVER OFF SITE SECRETARIAL 33648 11/15/2017 553.00 11586 TRACY PRINTING 33649 11/15/2017 3,381.80 1098 TRADITION WINE & SPIRITS 33650 11/15/2017 350.67 11617 TWIN TOWN IRRIGATION 33651 11/15/2017 560.00 11637 UNITED ELECTRIC COMPANY 33652 11/15/2017 559.88 11674 VERIZON WIRELESS 33653 11/15/2017 1,706.21 1025 VINOCOPIA 33654 11/15/2017 1,729.00 11704 WASTE MANAGEMENT OF WI-MN 33655 11/15/2017 277.81 11706 WATER CONSERVATION SERVICE INC 33656 11/15/2017 284.98 1034 WINE COMPANY/THE 33657 11/15/2017 208.20 1038 WINE MERCHANTS INC 33658 11/15/2017 5,474.37 11729 WIRELESS WORLD 33659 11/15/2017 26.25 11738 WSB & ASSOCIATES, INC.33660 11/15/2017 86,336.25 10432 DORSEY & WHITNEY 33661 11/15/2017 19,244.08 11425 SORBY/JAN 33662 11/15/2017 101.96 12430 SUNRAM CONSTRUCTION 33663 11/15/2017 89,026.18 Grand Totals: 644,553.22 11 THIS PAGE LEFT INTENTIONALLY BLANK 12 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 17-074 A RESOLUTION DEFERRING A SPECIAL ASSESSMENT FOR 2017 STREET IMPROVEMENT PROJECTS WHEREAS, pursuant to Minnesota Statutes 435.193, special assessment installments payments payable by senior citizens and persons retired by virtue of permanent and total disability are deferred if payment of such installments would be a hardship; and WHEREAS, the City of St. Anthony’s assessment policy for senior citizen deferrals has been established for upgrading public roadways; and WHEREAS, such policy defines it shall be presumed a hardship exists if the annual assessment installment exceeds one percent (1%) of the previous year’s applicable income as reported for tax purposes; and WHEREAS, the requirements of hardship have been met and verified by the Finance Director of the City of St. Anthony; and WHEREAS, the applicants listed below are the owners of real estate located in the City of St. Anthony. NOW, THEREFORE, BE IT RESOLVED, that the following special assessment for the 2017 Street Improvements Projects be deferred: 1) Mary Lou Stark $7,997.46 3417 Maplewood Drive St. Anthony, MN 55418 0602923110097 Adopted this 14th day of November, 2017. ____________________________________ Jerome O. Faust, Mayor ATTEST:___________________________ Nicole Miller, City Clerk Review for Administration: _________________________________________ Mark Casey, City Manager 13 THIS PAGE LEFT INTENTIONALLY BLANK 14 TO: MAYOR AND CITY COUNCIL MARK CASEY, CITY MANAGER FROM: SHELLY RUECKERT, FINANCE DIRECTOR SUBJECT: 2018 UTILITY RATES DATE: NOVEMEBER 7, 2017 The utility rates recommended herein for 2018 builds on the multi-year approach towards rate adjustments that began in 2012. Water Rates: As part of the 2017 rate review the water expenditures were categorized by two primary functions. These functions are the production of potable water and the distribution of the potable water. Production costs are considered to be substantially driven by water usage while distribution costs are relatively fixed in nature. Therefore a flat fee was initiated in 2017 to begin funding the costs fixed in nature. This allows for the usage rate to be re-set to cover the usage driven expenses. The transition from a singular rate to a dual rate model was planned to be phased in over time. The table below summarizes the 2018 budgeted water expenses assigned as either production costs (usage driven) or distribution costs (fixed).   OPERATING   DEPRECIATION  OVERALL  FIXED          440,602   47%                          163,984   60%        604,585   50%  USAGE          498,272   53%                          111,421   40%        609,693   50%           938,874   100%                         275,404   100%     1,214,278   100%  The 2017 estimated actual ratio of fixed costs to usage costs is 49% to 51%. As part of the transition process the usage rate growth was expected to decelerate as flat fee was phased-in. The 2017 rate review projected this phasing in of flat fees and its impact to usage fees for 2018 and 2019. The projections assumed similar levels of water consumption and the additional costs of operating the AOP process. Based on estimated actual results for 2017 and updated 2018 budgeted costs the rates being proposed are consistent with the rates previously modeled for 2018. 15 The recommended 2018 water rates are below:   2017  2018    Per 1000 gallons  Rates  Rates   $ Increase  Water Tier I 3.10  3.07  ‐0.03  Water Tier II 3.27  3.24  ‐0.03  Water Tier III 3.59  3.55  ‐0.04  Water Tier IV 4.12  4.08  ‐0.04  Water Tier V 5.17  5.12  ‐0.05  Irrigation  4.12  4.08  ‐0.04  Quarterly flat fee  3.35  6.70  3.35  The above rates are expected to produce $1,044,403 in revenues assuming water consumption similar to 2017. At this level of revenues the operating income before depreciation is budgeted to be $109,450. While this is a 1% decrease in usage rates the effective rate increases due to the increased quarterly flat fee. The recommendation’s impact on 2018 Water bills are reflected below: Lastly, the water rates were compared to the 2017 survey of Metro area city’s water rates. The first table below reflects the 2017 the overall average billing by tiers and by the three commonly used rate combinations. The second table presents similar data for 2018 assuming a 4% increase in usage rates and flat/minimum charges. The SAV billings in each table below are the existing 2017 rates and the proposed 2018 rates. 2018 Tier Rates 3.07                 3.07                 3.24                 3.55                 4.08                 5.12                  2018 Usage levels 4,600               7,500               15,000            22,500            30,000            37,500             Flat Fee 6.70                 6.70                 6.70                 6.70                 6.70                 6.70                  Usage Charge 14.12               23.02               47.30               73.95               104.54            142.93             2018 Proposed Billing 20.82               29.72               54.00               80.65               111.24            149.63             2017 Actual Billed 17.61               26.60               51.13               78.05               108.95            147.73             DIFFERENCE 3.21                 3.12                 2.87                 2.60                 2.29                 1.91                  Min/Flat - Tiers M/F 7,500 15,000 22,500 30,000 37,500 2017 Overall Average 19.22$ 39.40$ 60.03$ 83.40$ 107.71$ 134.34$ SAV 2017 rate 3.35$ 26.60$ 51.13$ 78.05$ 108.95$ 147.73$ Usage only (1 City) -$ 21.38$ 42.75$ 65.93$ 90.30$ 114.68$ Flat fee + usage (61 Cities) 18.26$ 41.47$ 63.07$ 86.56$ 111.06$ 138.18$ Min + usage (12 Cities) 22.57$ 30.37$ 46.07$ 68.81$ 92.10$ 116.46$ 16 Sewer Rates: Again as part of the 2017 rate review the sewer expenditures were categorized by two primary functions. These functions are the treatment of sanitary sewer flow and the collection system for sanitary sewer flow. Treatment costs are considered to be substantially driven by flow volumes while collection costs are relatively fixed in nature. Therefore a flat fee was initiated in 2017 to begin funding the costs fixed in nature. This allows for the usage rate to be re-set to cover the usage driven expenses. The transition from a singular rate to a dual rate model was planned to be phased in over time. The table below summarizes the amounts of sewer operating expense and depreciation expense assigned as treatment costs or collection costs.  OPERATING  DEPRECIATION  OVERALL  FIXED               390,042   35%            67,453   70%               457,496   38%  USAGE               728,812   65%            28,909   30%               757,720   62%            1,118,854   100%             96,362   100%           1,215,216   100%  The 2017 overall ratio of fixed costs to usage costs was 40% to 60%. As part of the transition process the usage rate growth was expected to decelerate as flat fee was phased-in. The 2017 rate review projected this phasing in of flat fees and its impact to usage fees for 2018 and 2019. The projections assumed similar flow levels and a 5.5% increase in Metropolitan Council Environmental Services (MCES) treatment fees. For 2018 the MCES cost includes a 3.7% rate increase coupled with an increased flow level of 13%. MCES treatment costs are the main component of the usage costs. The 2017 fixed costs were projected at a 4% increase are expected to finish close to that amount. Based on estimated actual results for 2017 and updated 2018 budgeted costs the proposed increase in the flat rate is consistent with the rate modeled previously. The proposed usage rate will increase 1.5% (vs the 0.9% decrease modeled previously). The Min/Flat - Tiers M/F 7,500 15,000 22,500 30,000 37,500 2018 projected at 4% annual increase 19.99$ 40.58$ 61.84$ 85.90$ 110.94$ 138.37$ SAV 2018 proposed 6.70$ 29.72$ 54.00$ 80.65$ 111.24$ 149.63$ Usage only (1 City) -$ 23.12$ 46.24$ 71.30$ 97.67$ 124.03$ Flat fee + usage (61 Cities) 19.75$ 44.85$ 68.21$ 93.62$ 120.12$ 149.46$ Min + usage (12 Cities) 24.41$ 32.85$ 49.83$ 74.42$ 99.61$ 125.96$ 17 rate increase is in order to match the above average increase treatment costs expected for 2018. The recommended 2018 Sewer rates are below: The above rates are expected to produce $1,175,081 in revenues in 2018. At this level of revenues the operating income before depreciation is budgeted to be $56, 777. The recommendation’s impact on 2018 billings is reflected below: The above rates were compared to the 2017 survey of Metro area city’s water rates. The tables below summarize the overall 2017 findings and the estimated 2018 rates based on a 4% increase in annual rates. The SAV billing in the tables below are based on existing 2017 rates and proposed 2018 rates. 2017 2018 Per 1000 gallons Rates Rates  $ Increase Sewer Treatment rate 4.62 4.69 0.07 Quarterly flat fee 3.20 6.40 3.20 2018 Usage Rate 4.69                  4.69                 4.69                 4.69                 4.69                 4.69                  2018 Usage levels 4,600               7,500               15,000            22,500            30,000            37,500             Flat Fee 6.40                 6.40                 6.40                 6.40                 6.40                 6.40                  Usage Charge 21.57               35.18               70.35               105.53            140.70            175.88             2018 Proposed Billing 27.97               41.58               76.75               111.93            147.10            182.28             2017 Actual Billed 24.45               37.85               72.50               107.15            141.80            176.65             DIFFERENCE 3.52                 3.73                 4.25                 4.78                 5.30                 5.63                  Min/Flat - Tiers M/F 7,500 15,000 22,500 30,000 37,500 2017 Overall Average 40.35 58.18 79.75 105.42 131.43 157.41 SAV Actual 3.20 37.85 72.50 107.15 141.80 176.65 Flat fee only 74.89 74.89 74.89 74.89 74.89 74.89 Flat fee + usage 25.77 54.91 83.59 112.88 141.85 171.39 Min + usage 39.99 53.89 71.87 101.91 133.69 164.34 Min/Flat - Tiers M/F 7,500 15,000 22,500 30,000 37,500 2018 projected at 4% annual increase 41.96 60.51 82.94 109.64 136.69 163.71 SAV Proposed 6.40 41.58 76.75 111.93 147.10 182.28 Flat fee only 77.88 77.88 77.88 77.88 77.88 77.88 Flat fee + usage 26.80 57.11 86.94 117.40 147.52 178.25 Min + usage 41.59 56.04 74.75 105.98 139.04 170.91 18 Stormwater rates: The multi-year approach to Stormwater rates in place since 2012 called for an annual increase for single family residential (classifications 2 & 3) of thirty-five cent ($.35) increase. This represents a 2.32% increase in rate and would be expected to generate $4,570 in additional revenues (assuming no new construction). The 2.32% rate increase will be applied to all levels of stormwater charges. The historical impact on a residential single family user is as follows:  Quarterly Bill   Rate  Increase % Change  2011  13.00 ‐  ‐  2012  13.35  0.35  2.69  2013  13.70  0.35  2.62   2014 14.05  0.35  2.55   2015 14.40  0.35  2.49  2016 14.75  0.35  2.43   2017 15.10  0.35  2.37   2018 15.45  0.35  2.32   The rate increase for other land use categories is consistent with the increase in single family residential (classifications 2 & 3) as see below: Classification-Land Use Proposed 2017 Charge 2016 Charge % Change 1-Cemeteries, parks, golf courses, railroads, vacant land $64.10 per acre $62.65 per acre 2.32% 2- R-1, R-1a, and R-2 residential $61.80 per unit $60.40 per unit 2.32% 3- R-3 residential $61.80 per unit $60.40 per unit 2.32% 4- Schools and institutional uses $147.62 per acre $144.27 per acre 2.32% 5- R-4 Residential , churches and manufactured home parks $188.28 per acre $184.01 per acre 2.32% 6- Commercial and industrial $235.21 per acre $229.88 per acre 2.32% 19 The overall annual impact of the recommended rates for a residential customer at each of the five tier level ranges from $28.77 to $31.78 as detailed below: The Water/Sewer Utility fund summary budget is attached as Exhibit A. Lastly a long range Utility revenues plan is attached as Exhibit B. The plan addresses a 2018 strategic plan goal to develop long term revenue planning. The rates are being managed to begin supporting capital needs of the water and sewer operations. The current plan projects that support to begin in 2022 with a transfer to Utilities Infrastructure fund. The plan includes assumptions regarding future City costs and MCES treatment costs. It also factors in the retirement of water /sewer bonds occurring in 2024. A minimum cash balance was established to recognize that the quarterly billing and collection process is recovering 90-120 days of prior cash outlays. No growth in accounts or usage was factored in the projection. Real growth will be noted annually through the process of updating the base year results. With these factors in place the phase-in of the flat fee and usage rate adjustments were determined. Staff believes the model will help guide year to year rate increases while being flexible enough to keep the annual increases reasonable for utility customers. Staff is recommending the approval of the rate adjustments as proposed. Tier Level 1st ‐7,500 2nd ‐15,000 3rd ‐22,000 4th ‐30,000 5th‐ 37,500 Distribution                (1st Qrt. 2017)29% 48% 18% 3% 3% 2018 Proposed 86.74               146.20            208.03            273.79            347.36             2017 Actual 79.55               138.73            200.30            265.85            339.48             Quarterly Increase 7.19                 7.47                 7.73                 7.94                 7.88                  Annual Increase 28.77               29.89               30.91               31.78               31.52                20 Fiscal Year 2018 ACTUAL ACTUAL ACTUAL ACTUAL BUDGET EST. ACTUAL BUDGET REVENUES 2013 2014 2015 2016 2017 2017 2018 Water Operations 880,851$ 875,407$ 897,232$ 917,927$ 987,456$ 989,791$ 1,044,818$ Sewer Operations 849,032 914,442 947,618 1,005,329 1,092,556 1,098,338 1,175,081 Total Operating Revenues 1,729,883$ 1,789,849$ 1,844,850$ 1,923,256$ 2,080,012$ 2,088,129$ 2,219,899$ EXPENDITURES Water Operations 619,477$ 601,617$ 618,069$ 787,497$ 920,079$ 876,584$ 938,874$ Sewer Operations 937,717 982,557 963,621 930,659 1,034,737 1,027,148 1,118,854 Total Operating Expenditures 1,557,194$ 1,584,174$ 1,581,690$ 1,718,156$ 1,954,816$ 1,903,732$ 2,057,728$ Combined Operating Income 172,689$ 205,675$ 263,160$ 205,100$ 125,196$ 184,397$ 162,171$ Other (Income)/Expense Water (41,064)$ (4,214)$ (1,938)$ (11,143)$ 9,650$ 10,100$ 10,100$ Sewer (99,138)(5,828)(21,139)(14,045)(1,400)(550)(550) Interest Income - - (499) (23,907) (11,500) (11,500) (13,605) Depreciation Expense 268,981 288,955 308,955 332,399 352,399 352,399 371,766 Total Other (Income)/Expense 128,779 278,913 285,380 283,304 349,149 350,449 367,711 Net Income/(Loss)43,911$ (73,238)$ (22,220)$ (78,204)$ (223,953)$ (166,052)$ (205,540)$ Other Sources and Uses: Transfers Out -$ -$ (15,000)$ (225,000)$ -$ -$ -$ Transfers In - - - 1,632,862 - - - Debt Service Payments (153,458) (137,700) (140,450) (138,150) (145,750) (145,750) (148,200) Net Change in Assets / Liabilities 11,622 (39,142) (46,105) 49,451 - - - Proceeds Bonding/Army 13,524 - - 130,932 - - - Add back Depreciation Expense 268,981 288,955 308,955 332,399 352,399 352,399 371,766 Total Other Sources and Uses 140,669 112,113 107,400 1,782,494 206,649 206,649 223,566 Net increase (decrease) in cash 184,580$ 38,875$ 85,180$ 1,704,290$ (17,304)$ 40,597$ 18,027$ BEGINNING CASH BALANCE (182,618) 1,962 40,837 126,017 1,830,307 1,830,307 1,870,904 ENDING CASH BALANCE 1,962$ 40,837$ 126,017$ 1,830,307$ 1,813,003$ 1,870,904$ 1,888,931$ UTILITY FUND SUMMARY EXHIBIT A 21 THIS PAGE LEFT INTENTIONALLY BLANK 22 Fiscal Year 2018 Assumptions 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Water Rates Flat Fee N/A N/A 3.35$ 6.70$ 10.05$ 13.40$ 16.75$ 20.10$ 23.45$ 24.39$ 25.36$ 26.38$ 27.43$ 28.53$ 29.67$ 30.86$ 32.09$ Usage (Tier one)3.10$ 3.10$ 3.07$ 3.04$ 3.01$ 2.98$ 2.95$ 2.92$ 3.04 3.16 3.28 3.42 3.55 3.69 3.84 4.00 Sewer Rates Flat Fee N/A 3.20$ 6.40$ 9.60$ 12.80$ 16.00$ 19.20$ 22.40$ 25.60$ 26.50 27.42 28.38 29.38 30.40 31.47 32.57 Usage 4.62$ 4.69$ 4.64$ 4.60$ 4.55$ 4.55$ 4.55$ 4.55$ 4.80 5.07 5.34 5.64 5.95 6.27 6.62 Expenses Met Council - $ Actual 593,381 576,237 643,390 708,567 5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50% Met Council - % Increase -4.57%-2.89%11.65%10.13%NA NA NA NA NA NA NA NA NA NA NA NA NA City Water Expenses - % Increase 4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00% City Sewer Expenses - % Increase 3.50%3.50%3.50%3.50%3.50%3.50%3.50%3.50%3.50%3.50%3.50%3.50%3.50% Actual Actual Est. Actual Budget Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected REVENUES 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Water Operations 897,232$ 917,927 989,791 1,044,818 1,101,016 1,157,839 1,214,736 1,271,707 1,328,814 1,381,967 1,437,246 1,494,735 1,554,525 1,616,706 1,681,374 1,748,629 1,818,574 Sewer Operations 947,618 1,005,329 1,098,338 1,175,081 1,225,739 1,276,503 1,327,371 1,388,557 1,449,742 1,526,225 1,600,071 1,677,491 1,758,657 1,843,750 1,932,960 2,026,487 2,124,539 Total Operating Revenues 1,844,850$ 1,923,256$ 2,088,129$ 2,219,899$ 2,326,755$ 2,434,342$ 2,542,107$ 2,660,264$ 2,778,557$ 2,908,191$ 3,037,317$ 3,172,226$ 3,313,182$ 3,460,456$ 3,614,334$ 3,775,116$ 3,943,113$ EXPENDITURES Water Operations 618,069$ 787,497 876,584 938,874 976,429 1,015,486 1,056,106 1,098,350 1,142,284 1,187,975 1,235,494 1,284,914 1,336,310 1,389,763 1,445,353 1,503,168 1,563,294 Sewer Operations 963,621 930,659 1,027,148 1,118,854 1,172,185 1,228,162 1,286,921 1,348,604 1,413,361 1,481,350 1,552,737 1,627,698 1,706,416 1,789,085 1,875,910 1,967,105 2,062,896 Total Operating Expenditures 1,581,690 1,718,156 1,903,732 2,057,728 2,148,614 2,243,649 2,343,027 2,446,954 2,555,645 2,669,325 2,788,231 2,912,612 3,042,726 3,178,848 3,321,263 3,470,272 3,626,190 Combined Operating Income 263,160$ 205,100$ 184,397$ 162,171$ 178,141$ 190,693$ 199,081$ 213,310$ 222,912$ 238,866$ 249,085$ 259,615$ 270,455$ 281,608$ 293,071$ 304,844$ 316,923$ Other (Income)/Expense Water (1,938)(11,143)10,100 10,100 10,100 10,150 10,200 10,250 10,300 10,350 10,400 10,450 10,500 10,550 10,600 10,650 10,700 Sewer (21,139) (14,045) (550) (550) (500) (450) (400) (350) (300) (250) (200) (150) (100) (50) - 50 100 Interest income (499) (23,907) (11,500) (13,605) (18,420) (28,170) (33,041) (37,055) (40,344) (44,777) (46,505) (48,497) (50,762) (53,306) (56,139) (59,267) (59,564) Depreciation Expense 308,955 332,399 352,399 371,766 395,766 430,766 465,766 500,766 535,766 570,766 605,766 640,766 675,766 710,766 745,766 780,766 815,766 Total Other (Income)/Expense 285,380 283,304 350,449 367,711 386,947 412,296 442,525 473,611 505,423 536,089 569,462 602,569 635,405 667,960 700,227 732,199 767,003 Net Income/(Loss)(22,220)$ (78,204)$ (166,052)$ (205,540)$ (208,806)$ (221,603)$ (243,445)$ (260,301)$ (282,511)$ (297,223)$ (320,376)$ (342,955)$ (364,949)$ (386,352)$ (407,156)$ (427,356)$ (450,080)$ Other Sources and Uses: Transfers- in - 1,632,862 - - - - - - - - - - - - - - - Transfers Out CIP (15,000) (225,000) - - - - - - - - - - - - - - - Transfers Out - W/S Infrastructure - - - - - - - (75,000) (115,000) (140,000) (175,000) (175,000) (175,000) (175,000) (175,000) (175,000) (175,000) Army Reimbursements - 130,932 - - - - - - - - - - - - - - - Debt Service Payments (140,450) (138,150) (145,750) (148,200) (145,600) (147,950) (150,200) (147,400) (149,550) (156,550) - - - - - - - Net Change in Assets / Liabilities (46,105) 49,451 - - - - - - - - - - - - - - - Add back Depreciation Expense 308,955 332,399 352,399 371,766 395,766 430,766 465,766 500,766 535,766 570,766 605,766 640,766 675,766 710,766 745,766 780,766 815,766 Total Other Sources and Uses 107,400 1,782,494 206,649 223,566 250,166 282,816 315,566 278,366 271,216 274,216 430,766 465,766 500,766 535,766 570,766 605,766 640,766 Net increase (decrease) in cash 85,180$ 1,704,290$ 40,597$ 18,027$ 41,361$ 61,214$ 72,122$ 18,066$ (11,294)$ (23,006)$ 110,390$ 122,812$ 135,817$ 149,414$ 163,610$ 178,411$ 190,686$ BEGINNING CASH BALANCE 40,837 126,017 1,830,307 1,870,904 1,888,931 1,930,292 1,991,506 2,063,628 2,081,693 2,070,399 2,047,393 2,157,783 2,280,595 2,416,412 2,565,826 2,729,436 2,907,847 ENDING CASH BALANCE 126,017$ 1,830,307$ 1,870,904$ 1,888,931$ 1,930,292$ 1,991,506$ 2,063,628$ 2,081,693$ 2,070,399$ 2,047,393$ 2,157,783$ 2,280,595$ 2,416,412$ 2,565,826$ 2,729,436$ 2,907,847$ 3,098,533$ MINIMUM CASH BALANCE 755,400 779,235 841,793 888,166 921,185 959,397 997,569 1,034,155 1,075,736 1,125,947 1,012,439 1,057,409 1,104,394 1,153,485 1,204,778 1,156,757 1,208,730 EXHIBIT B 23 THIS PAGE LEFT INTENTIONALLY BLANK 24  2018 2018 Water Fund expenditures are comprised of two primary operating functions: Production $609,693 Distribution $604,585 25 The current recommendation includes: Continuing the phase-in of the a quarterly fee to support distribution system costs Quarterly Water Distribution fee will increase by $3.35 2018 The current recommendation includes: Continue to manage the growth in usage rates to recognize the revenues provided by the phase in of the Water distribution fee The Water usage tier rates will decreased by 1% 2018 26 Aligning revenue sources with corresponding costs Provides greater transparency as to the basis of rates and rate adjustments Increases ability to maintain a structural balanced operation as revenue generated would not be entirely subjected to volatility in water usage (dry vs wet summers) Promotes conservation via Tiered usage rates 2018 Water Rate structure provides: 2018 My Water Usage 27 2018 Recommended 2018 Water rates: Per 1000 Gallons 2017 Rates 2018 Rates $ Change Water Tier I 3.10 3.07 -0.03 Water Tier II 3.27 3.24 -0.03 Water Tier III 3.59 3.55 -0.04 Water Tier IV 4.12 4.08 -0.04 Water Tier V 5.17 5.12 -0.05 Irrigation 4.12 4.08 -0.04 Quarterly flat fee 3.35 6.70 3.35 2018 Sewer Fund expenditures are comprised of two primary operating functions: Treatment $757,720 Collection $457,496 28 The current recommendation includes : Continuing the phase-in of the quarterly fee to support collection system costs Quarterly Sewer Collection fee will increase by $3.20 2018 The current recommendation includes: Continue to manage the growth in usage rates to recognize the revenues provided by the phase in of the Sewer collection fee The Sewer usage rate will increase by 1.5% 2018 29 Aligning revenue sources with corresponding costs. Provides greater transparency as to the basis of rates and rate adjustments. Increases the ability to maintain a structural balanced operation as revenue generated would not be entirely subjected to: o Volatility in the Metropolitan Council Environmental Services rates for wastewater treatment o Variances in annual flows (dry vs wet summers) 2017 Rate structure modifications provide: 2018 Recommended 2018 Sewer Rates: 2017 2018 Per 1000 gallons Rates Rates $ Increase Sewer Treatment rate 4.62 4.69 0.07 Quarterly flat fee 3.20 6.40 3.20 30 The multi-year approach to Stormwater rates planned for the quarterly single family residential charge to increase by thirty-five cents ($.35). In 2018 represents a 2.32% increase in rate The 2.32% rate increase will be applied to all levels of stormwater charges 2018 The impact of the recommended rates on a residential customer at each tier level would be as follows: 2018 Tier Level 1st -7,500 2nd -15,000 3rd -22,000 4th -30,000 5th- 37,500 Distribution (1st Qrt. 2017)29% 48% 18% 3% 3% 2018 Proposed 86.74 146.20 208.03 273.79 347.36 2017 Actual 79.55 138.73 200.30 265.85 339.48 Quarterly Increase 7.19 7.47 7.73 7.94 7.88 Annual Increase 28.77 29.89 30.91 31.78 31.52 31  2018 32 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA ORDINANCE NO. 2017-03 AN ORDINANCE AMENDING SECTIONS §33.018 SEWER CHARGES TO OWNERS; 33.036 WATER CHARGES TO OWNERS AND §33.090 CHARGES FOR STORM WATER FACILITIES The City Council of the City of Saint Anthony Village ordains as follows: Section One. Amendment to the City of Saint Anthony Village City Code Sections §33.018, 33.036 and §33.090 of the City Code of the City of Saint Anthony Village is hereby amended as follows. The deleted language is represented by strikethrough text. The additional language is represented by underlined text. 33.018 SEWER RATES: Usage rate $4.62 $4.69 per 1,000 gallons, quarterly Collection system charge $3.20 $6.40 per residential equivalency unit. 33.036 WATER RATES. Water Usage billing will be computed quarterly based on metered water used according to the tiered rates system below, quarterly Distribution system charge $3.35 $6.70 per residential equivalency unit. RESIDENTIAL Consumption (gallons) Rate/per 1,000 gallons TIER I 0-7,500 $3.10 $3.07 TIER II 7,500-15,000 $3.27 $3.24 TIER III 15,000-22,500 $3.59 $3.55 TIER IV 22,500-30,000 $4.12 $4.08 TIER V Over 30,000 $5.17 $5.12 COMMERCIAL Consumption (gallons) Rate/per 1,000 gallons TIER I 0-7,500 $3.10 $3.07 TIER II 7,500-53,500 $3.27 $3.24 TIER III 53,500-175,000 $3.59 $3.55 TIER IV 175,000-300,000 $4.12 $4.08 TIER V Over 300,000 $5.17 $5.12 WILSHIRE Consumption( gallons) Rate/per 1,000 gallons TIER I 0-7,500 $3.10 $3.07 TIER II 7,500-510,000 $3.27 $3.24 TIER III 510,000-610,000 $3.59 $3.55 TIER IV 610,000-710,000 $4.12 $4.08 TIER V Over 710,000 $5.17 $5.12 SAVHS Consumption (gallons) Rate/per 1,000 gallons TIER I 0-7,500 $3.10 $3.07 TIER II 7,500-850,000 $3.27 $3.24 TIER III 850,000-1,150,000 $3.59 $3.55 TIER IV 1,150,000-1,450,000 $4.12 $4.08 33 TIER V Over 1,450,000 $5.17 $5.12 HAPPY’S Consumption (gallons) Rate/per 1,000 gallons TIER I 0-7,500 $3.10 $3.07 TIER II 7,500-3,650,000 $3.27 $3.24 TIER III 3,650,000-4,650,000 $3.59 $3.55 TIER IV 4,650,000-5,650,000 $4.12 $4.08 TIER V Over 5,650,000 $5.17 $5.12 33.090 STORM WATER FACILITIES: (billed quarterly) Effective Date: This ordinance shall become effective as of its publication. First Reading: November 14, 2017 Second Reading: November 28, 2017 Adopted: December 12, 2017 CITY OF SAINT ANTHONY VILLAGE By:_________________________________ Jerome O. Faust, Mayor ATTEST: By:_________________________________ Nicole Miller, City Clerk Publish: St. Anthony Bulletin Publication Date: December 20, 2017 Classification Charge (per acre) 1 $62.65 $64.10 2 $60.40 $61.80 3 $60.40 $61.80 4 $144.27 $147.62 5 $184.01 $188.28 6 $229.88 $235.21 34   3301 Silver Lake Road, St. Anthony, Minnesota 55418‐1699   www.savmn.com (612) 782‐3301 Fax (612) 782‐3302   Our mission is to be a progressive and livable community, a walkable village which is sustainable, safe and secure.         NOTICE OF A PUBLIC HEARING    Notice is hereby given that on November 14, 2017, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the City  Council will hold a public hearing to solicit public response to the Ordinance Amendments for Sections  §33.015 Sewer Charges to Owner;  §33.036 Water Charges to Owner; and §33.090 Charges for storm  water facilities .  Those persons having an interest in said amendments are encouraged to attend. Oral testimony will be  accepted on the above subject at this meeting.  Written comments may be taken at the St. Anthony  Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the  hearing.  Questions may be directed to the City Planner at 763‐231‐4863.  The City Council agenda and packet item relating to this application will be made available prior to the  meeting online at www.savmn.com    Nicole Miller  City Clerk    Publication:  St. Anthony Bulletin  November 1, 2017    35 THIS PAGE LEFT INTENTIONALLY BLANK 36   MEMORANDUM           To:      St. Anthony Village City Council, Honorable Mayor, City Manager Casey  From:      Breanne Rothstein, AICP, City Planner      Date:      November 8, 2017       City Council meeting November 14, 2017      WSB Project No.  02170‐390  Request: Request for a Conditional Use Permit (CUP) to Allow for an Adult Day‐Care  Center in a Commercial District Located at 2400 37th Avenue NE       RECOMMENDATION  The Applicant’s request for a Conditional Use Permit (CUP) to allow an adult day‐care center located at  2400 37th Avenue NE is consistent with the intent of the Zoning Ordinance and the City’s Comprehensive  Plan.  Staff recommends approval of the Applicant’s request and adoption of a resolution declaring  terms of the same.  GENERAL INFORMATION  Applicant:    Isse Hussein  Owner:     Sadiq Punjani   Location:    2400 37 th Ave NE   Existing Land Use /  Commercial/zoned: Commercial   Zoning:  Surrounding Land  North:  Commercial  /  Zoned  PUD  –  Planned  Unit Development  and  C  ‐  Commercial  Use / Zoning:    East:   Residential / Zoned R‐2 Two‐Family Residential     South:  Residential / Zoned R‐2 Two‐Family Residential      West:  City of Minneapolis (Commercial and Low Density Residential)   Deadline for Agency  Application Date:     09‐26‐17  Action:  60 Days:       11‐25‐17  Letter Sent:      N/A    120 Days:      N/A    CONSIDERATIONS RELATING TO THE REQUEST  1. Background  The Applicant wishes to convert an existing gas station at 2400 37th Ave. NE into an adult day care  center. The applicant’s summary of the use indicates that it will primarily be a place for supervised  congregation of senior citizens, providing an environment where they can socialize with other  37 November 8, 2017  Page 2  seniors in the community. The intent is to transport the seniors to and from the site and any food  provided would be catered in. Parking is provided for the employees and staff.  Hours of Operation  The City ordinances are silent regarding the hours of operation for adult day‐care centers, however  the applicant has indicated that the facility will operate mostly for approximately six hours a day  during daytime hours (with some exceptions).    Parking   The City’s parking ordinance requires that the number of parking spaces for uses in the C District be  equal to at least 1 space per 300 square feet of gross floor area. The total square footage of gross  floor area for the proposed use is 2,190 sq. ft., which would require at least seven (7) parking  spaces. The site plan accompanying the application indicates that the applicant will provide 27  parking spaces on the site. If the request is approved, staff would require additional information  prior to issuing a building permit to show that the proposed parking would meet the dimensional  and location requirements for parking as outlined in § 152.179 PARKING.    Consistency with the Comprehensive Plan   The City of St. Anthony Village Comprehensive Plan (2008) guides the subject property for  commercial use on the Future Land Use Plan (Figure 2‐5), and the current zoning is consistent with  that designation.   1. Applicable Codes Relating to Conditional Uses.  Title XV Land Usage, Chapter 152 Zoning Code, Section §152.122 PERMITTED CONDITIONAL USES  (WITHIN THE C DISTRICT) (Y) states that “Adult day‐care centers, licensed under M.S. Chapter 245A,  as it may be amended from time to time, and Minn. Rules, sections 9555.9600 through 9555.9730”  are permitted in the C District only by conditional use permit issued by the City Council.  2. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV  Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C)  Application states that a conditional use permit may be granted only by a majority vote of all  members of the City Council after determining that:  1. The use is one of the conditional uses specifically listed for the district in which the  property is located;  The property at 2400 37th Avenue NE is zoned Commercial, which allows “Adult day‐care  centers, licensed under M.S. Chapter 245A, as it may be amended from time to time, and Minn.  Rules, sections 9555.9600 through 9555.9730” as a permitted conditional use. Criterion met.  2. The City Council has specified all conditions which the City Council deems necessary  to make the use compatible with other uses in the area:    3. Conditions have been described in this report and are included in the draft resolution for  consideration. Criterion met.   Conditions include:   1. The Applicant shall submit the appropriate plans and permits for review (including state  licensing) and approval before beginning any construction or other alterations that  38 November 8, 2017  Page 3  requires a permit (i.e. building permit for any interior work, sign permit, electrical  permit, plumbing permit, etc.);  2. Applicant receives a revised SAC determination, per the Met Council.  3. The use will not be detrimental to the health, safety, or general welfare of persons residing or  working in the vicinity or to the values of property in the vicinity; and  Surrounding land uses in the immediate vicinity include a mix of two‐family residential,  commercial, and planned unit development. The property to the north is primarily commercial  in nature, and the parcel to the west across Stinson Blvd. is also commercial. To the east and  south, the properties are residential, and designated for medium density residential  development. The subject property currently has screening to the south and east to minimize  traffic glare to the adjacent residential properties. If approved, the proposed use would be of a  lower intensity than the existing gas station/convenience store, and would produce less traffic.  Additionally, the hours of operation would be limited to daytime hours, further minimizing the  impacts on adjoin properties. Criterion met.    4. The use will provide a service or a facility which is in the interest of public convenience and will  contribute to the general welfare.  If approved, this facility will provide a supervised location with pick‐up and drop‐off services for  senior citizens. The facility is intended to provide a space for social interaction and  entertainment for senior members of the community and result in the adaptive reuse of a  vacant building.  Criterion met.     CONCLUSION  The Planning Commission met on October 24, 2017, held a public hearing, and recommended approval  of the request unanimously.  While the adult day‐care center use requires a conditional use permit in the C – Commercial District,  there are no specific performance standards provided in the City ordinance other than the required  State permitting. In reviewing this request, staff was unable to identify any specific issues that would  violate the requirements for issuing a CUP and would recommend that the City Council take action to  approve the request, subject to the conditions listed herein.  RECOMMENDED ACTION  1. Adopt a resolution Approving the Conditional Use Permit.    2. Deny of the Conditional Use Permit, stating reasons for such, and direct staff to bring back a  resolution.    3. Request Additional Information and Continue the Public Hearing. It appears the Applicant has  provided all of the required information for the City Council’s evaluation.     ATTACHMENTS  Exhibit A:  Location map  Exhibit B:  Application and Supporting Material    39 THIS PAGE LEFT INTENTIONALLY BLANK 40 Exhibit A: Location Map Legend Zoning Designation C - Commercial L1 - Light Industrial PUD - Planned Unit Development R1 - Single Family Residential R1A - Single Family Residential R2 - Two Family REsidential R3 - Townhomes R4 - Multiple Dwellings ROS - Recreation/Open Space October 13, 2017 Map Powered by DataLink from WSB & Associates 1 in = 200 ft ± 41 THIS PAGE LEFT INTENTIONALLY BLANK 42 Exhibit B: Application and Supporting Material 43 44 45 46 47 48 49 50 2400 37th Ave NE CUP Request City Council Meeting November 14, 2017 2400 37th Ave NE General Information Applicants:Isse Hussein Owners:Sadiq Punjani Location:2400 37th Ave NE Existing Land Use Commercial/ Zoned: C -Commercial / Zoning: Surrounding Land Use / Zoning: North: Commercial / Zoned PUD –Planned Unit Development and C - Commercial East:Residential / Zoned R-2 Two-Family Residential South:Residential / Zoned R-2 Two-Family Residential West:City of Minneapolis (Commercial and Low Density Residential) 51 Description of Request 52 2400 37th Ave NW •CUP Criteria Review –Use is one of the conditional uses specifically listed for the district in which the property is located; CRITERION MET –Use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity; CRITERION MET –Use will provide a service or facility which is in the interest of public convenience and will contribute to the general welfare; CRITERION MET 2400 37th Ave NW RECOMMENDATION Staff recommends approval of the application, subject to the following conditions: •The Applicant shall submit the appropriate plans and permits for review and approval (including state permitting) before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). •Applicant receives a revised SAC determination, per the Met Council. 53 2400 37th Ave NW Questions? 54 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 17-075 RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW AN ADULT DAY-CARE CENTER, LICENSED UNDER M.S. CHAPTER 245A, AND MINN. RULES ONE THE PROPERTY LOCATED AT 9730 AT 2400 37TH AVENUE NE WHEREAS, the City of St. Anthony Village received a request from the Applicant Isse Hussein for a Conditional Use Permit (CUP) to allow an adult day-care center, licensed under M.S. Chapter 245A, as it may be amended from time to time, and Minn. Rules, sections 9555.9600 through 9555.9730 located at 2400 37th Avenue NE on September 26, 2017, legally described as follows: Lots 26, 27, 28, and the west 12.81 feet of lots 1, 2, and 3, Block 2 of the Soo Line Addition, Hennepin County, Minnesota, and WHEREAS, the Property located at 2400 37th Avenue NE is located within the C – Commercial District; and WHEREAS, adult day-care centers, licensed under M.S. Chapter 245A, as it may be amended from time to time, and Minn. Rules, sections 9555.9600 through 9555.9730 are a permitted conditional use with the issuance of a Conditional Use Permit (CUP) in the C – Commercial Zoning District; and WHEREAS, the Planning Commission reviewed and considered the request based on the related documents shown in the Applicant’s application in a public hearing at their regular meeting on October 23, 2017 and recommended approval of the request; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village approves the Applicant’s Conditional Use Permit (CUP) request based on the following findings: 1. The requested conditional use permit (CUP) is consistent with all of the standards for granting a conditional use permit as described in Section §152.243 of the St. Anthony Village Zoning Code. More specifically, the City Council finds that the required conditional use permit is justified for the following reasons: a. The use is one of the conditional uses specifically listed within the C- Commercial Zoning District in which the Property is located in. b. The City has specified all conditions which the City Council has deemed necessary to make the use compatible with other uses in the area; c. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and d. The proposed use will provide a service which is in the interest of public convenience and will contribute to the general welfare. 55 NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s approval of the requested conditional use permit is contingent on the following: 1. The Applicant shall submit the appropriate plans and permits for review (including state licensing) and approval before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). 2. The Applicant receives an updated SAC determination, per the Metropolitan Council. Adopted this 14th day of November, 2017. _________________________________________ Jerome O. Faust, Mayor ATTEST:____________________________ Nicole Miller, City Clerk Review for Administration: _________________________________________ Mark Casey, City Manager 56   MEMORANDUM           To:      St. Anthony Village Mayor, City Council and City Manager  From:      Breanne Rothstein, AICP, City Planner      Date:      November 14, 2017           WSB Project No.  02170‐390 Phase 5  Request:  Update to Right‐of‐Way ordinance relative to regulating small wireless  facilities    BACKGROUND INFORMATION  Recent legislative action has brought to attention the need for Cities to update their right‐of‐way  ordinances to accommodate the installation of small wireless facilities within the public right‐of‐way.  The League of Minnesota Cities (LMC) has provided guidance in updating local ordinances in order to  better regulate private development in the public realm, as well as to insure appropriate safeguards are  in place to manage this development.   Attached is an edited version of Chapter 96: Right‐of‐Way Management that incorporates the  recommended changes provided by the LMC. The existing ordinance does not differ significantly from  the model ordinance provided by the LMC, with the exception of the language specific to small wireless  facilities.   Included with this item is a memorandum from Kennedy & Graven regarding the implications of the  recent legislative action regarding regulation of small local wireless facilities, as well as the updated  model right‐of‐way ordinance.   Also, as a part of this amended ordinance, the city should examine the Right of Way fees they charge,  and include a statutory‐set fee for small wireless facilities. Also, staff would like to evaluate the  establishment of a degradation  RECOMMENDED ACTION  Staff recommends that the City Council review the proposed changes and direct staff to initiate a text  amendment to update Chapter 96 to conform with the ordinance language provided by the League of  Minnesota Cities.  ATTACHMENTS     Exhibit A:  Draft Language Changes, Revised Chapter 96: Right‐of‐Way Management  Exhibit B:   ROW Fees (current and proposed)  57 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA ORDINANCE NO. 2017-04 AN ORDINANCE AMENDING MULTIPLE SECTIONS IN CHAPTER 96 RIGHT OF WAY MANAGEMENT The City Council of the City of Saint Anthony Village ordains as follows: Section One. Amendment to the City of Saint Anthony Village City Code Chapter 96 Right of Way Management of the City Code of the City of Saint Anthony Village is hereby amended as follows. The deleted language is represented by strikethrough text. The additional language is represented by underlined text. § 96.01 FINDINGS AND PURPOSE. To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate 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. Accordingly, the city hereby enacts this new chapter of this code relating to right-of-way permits and administration. This chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons excavating and obstructing the rights-of-way will bear financial responsibility for their work. Finally, this chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights- of-way. This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and 2017 Session Laws, Chapter 94 amending the Act and the other laws governing applicable rights of the city and users of the right-of-way. This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050 —7819.9950 and Minnesota Rules Chapter 7560 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. § 96.02 ELECTION TO MANAGE THE PUBLIC RIGHTS-OF-WAY Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects, pursuant Minn. Stat. 237.163 subd. 2(b), to manage rights- of-way within its jurisdiction. § 96.03 DEFINITIONS. The following definitions apply in this chapter of this code. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms, whether or not capitalized. 58 ABANDONED FACILITY. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way. BUSINESS DISTRICT. Those portions of the city known as St. Anthony Shopping Center in the south end of the city and Silver Lake Village in the north end of the city. CITY. The City of St. Anthony, Minnesota, its elected officials’ officers, employees, agents, or any other commission, committee, or subdivision of the city acting pursuant to lawfully delegated authority. Note: See, Minn. Stat. § 237.162, Subd. 10. 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. CITY INSPECTOR. Any person authorized by the city to carry out inspections related to the provisions of this chapter. COLLOCATE OR COLLOCATION. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit. COMMISSION. The State Public Utilities Commission. CONGESTED RIGHT-OF-WAY. A crowded condition in the subsurface of the public right-of- way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04 subdivision 3, over a continuous length in excess of 500 feet. CONSTRUCTION PERFORMANCE BOND. Any of the following forms of security provided at permittee's option:  Individual project bond;  Cash deposit;  Security of a form listed or approved under Minn. Stat. Sec. 15.73, subd. 3;  Letter of Credit, in a form acceptable to the city;  Self-insurance, in a form acceptable to the city;  A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city. DEGRADATION. A decrease in the useful life 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 or disturbance did not occur .The accelerated 59 deprivation of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct the right-of-way earlier than would be required if the excavation did not occur. DEGRADATION COST. Subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. DEPARTMENT. The department of public works of the city. DIRECTOR. The director of the department of public works of the city, or her or his designee. DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit.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. 2010 S-2 Repl. 60 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. EQUIPMENT OR FACILITIES. Any tangible thing asset used to install, repair, or maintain facilities in any right-of-waylocated 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. 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. 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 the permit. EXCAVATION PERMIT FEE. Money paid to the city by an applicant to cover the costs as provided in § 96.12. FACILTY OR FACILITIES. Any tangible asset in the right-of-way required to provide Utility Service. 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. FIVE YEAR PROJECT PLAN. Shows projects adopted by the city for construction within the next five years. HIGH-DENSITY CORRIDOR. A designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. HOLE. An excavation in the pavement, with the excavation having a length less than the width of the pavement. IN. When used in conjunction with right-of-way, means over, above, in, within, on, or under a right-of-way. LOCAL REPRESENTATIVE. The person or persons, or designee of the 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 chapter. MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the 61 right-of-way, unreasonable fees of a third-party contractor used by the city including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the city, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to Section 1.30 of this chapter. MAPPING DATA. Information indicating the horizontal and vertical location of equipment and facilities, relative to the boundaries of the right-of-way. 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. 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. OBSTRUCTION PERMIT FEE. Money paid to the city by a registrant to cover the costs as provided in § 96.12. PATCH OR PATCHING. A method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city's five-year project plan. PAVEMENT. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. 62 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. PERMIT. Has the meaning given "right-of-way permit" in Minnesota Statutes, section 237.162. PERMITT EEHOLDER. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this chapter. 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. PROBATION. The status of any person that has not complied with the conditions of this chapter. PROBATION PERIOD. One year from the date that a person has been notified in writing that they have been put on probation. REGISTRANT. Any person who (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way.Any person who has or seeks to have his or her equipment located in any right-of-way, or 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. RESTORE or RESTORATION. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation.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. RESTORATION FEECOST. The amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. Am amount of money paid to the city by a permit holder to cover the cost of restoration. PUBLIC RIGHT-OF-WAY OR RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right- of-way does not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service. RIGHT-OF-WAY. The area on, below, or above any real property in which the city has an interest including, but not limited to, any street, road, highway, alley, sidewalk, parkway, trail, park, skyway, or any other place, area, or real property owned by or under control, of the city, including other dedicated rights-of-way for travel purposes and utility easements. RIGHT-OF-WAY PERMIT. Either the excavation permit or obstruction permit, or both, 63 depending on the context, required by this chapter. RIGHT-OF-WAY USER. (1) A telecommunications right-of-way user as defined by Minnesota Statutes, section 237.162, subd. 4; or (2) a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. SERVICE or UTILITY SERVICE. Includes, but is not limited to: (1) those services provided by a public utility as defined in Minn. Stat. 216B.02, subds. 4 and 6; (2) services of a telecommunications right-of-way user, including transporting of voice or data information; (3) services of a cable communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minn. Stat., Chapter 308A; and (6) water, and sewer, including service laterals, steam, cooling or heating services. (1) Those services provided by a public utility as defined in M.S. § 216B.02. Subds. 4 and 6, as they may be amended from time to time; (2) A telecommunications right-of-way user, pipeline, community antenna television, cable communications system as defined in M.S. Chapter 238, as it may be amended from time to time, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services; 64 (3) The services provided by a corporation organized for the purposes set forth in M.S. § 301B.01, as it may be amended from time to time; and (4) The services provided by a district heating or cooling system. SERVICE LATERAL. An underground facility that is used to transmit, distribute or furnish 'gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and (ii) all other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. Note: Minn. Stat. § 237.162, Subd. 11. 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. TEMPORARY SURFACE. The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city's two-year plan, in which case it is considered full restoration. TRENCH. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. TELECOMMUNICATIONS RIGHT-OF-WAY USER. A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way that is used or is intended to be used for providing wireless service, or 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 M.S. Chapter 238, as it may be amended from time to time, and telecommunications activities related to providing natural gas or electric energy services, a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users for purposes of this chapter except to the extent such entity is offering wireless service. are not included in this definition for purposes of this chapter. This definition shall not be inconsistent with § 237.162, Subd. 4, as it may be amended from time to time. UNUSABLE EQUIPMENT. Equipment located in the right-of-way which has remained unused 65 for 1 year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next 12 months or a potential purchaser or user of the equipment. 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 the persons in an amount and by a method of determination as may be further provided in the ordinance or amendment thereto. (1993 Code, § 1165.02) UTILITY POLE. A pole that is used in whole or in part to facilitate telecommunications or electric service. Note: Minn. Stat. § 237.162, Subd. 12. WIRELESS FACILITY. Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna. Note: Minn. Stat. § 237.162, Subd. 13. WIRELESS SERVICE. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service. WIRELESS SUPPORT STRUCTURE. A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city. Note: Minn. Stat. § 237.162, Subd. 16. § 96.0304 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. (1993 Code, § 1165.03) § 96.05 UTILITY COORDINATION COMMISSION The city may create an advisory utility coordination committee. Participation on the committee is voluntary. It will be composed of any registrants that wish to assist the city in obtaining information and, by making recommendations regarding use of the right-of-way, and to improve the process of performing construction work therein. The city may determine the size of such committee and shall appoint members from a list of registrants that have expressed a desire to assist the city. 66 § 96.0406 REGISTRATION, BONDING, AND RIGHT-OF-WAY OCCUPANCY. (A) Each person or service that occupies, uses, or seeks to occupy or use, the right-of-way or any equipment located in the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have, equipment located in any right-of-way, must register with the city. Registration will consist of providing application information and as required by the city, paying a registration fee, and posting a performance and restoration bond. The performance and restoration bond required in this section, and in §§ 96.1012, 96.1315, and 96.3234, shall be in an amount determined at the city’s sole discretion, sufficient to serve as 67 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 the work, as documented by the person proposing to perform the work, or in the 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 the equipment with the equipment of other persons, and the purposes and policies of this section. Sixty days after completion of the work, the performance and restoration bond may be reduced by the sole determination of the city. (B)(A) No person may construct, install, repair, remove, relocate, or perform any other work, except as permitted in division (C) below, on or use any equipment or any part thereof located in any right-of-way without first being registered with the city. (C)(B) 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 the boulevard plantings or gardens under this chapter. However, excavations deeper than 12 inches are subject to the permit requirements of § 96.0911 and nothing herein relieves a person from complying with the provisions of the Minn. Stat. Chap. 216D, Gopher One Call Law.. (1993 Code, § 1165.04) § 96.05 07 RIGHT TO OCCUPY RIGHTS-OF-WAY; PAYMENT OF FEES. (A) Any person required to register under § 96.0408, 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 timely pays all fees as provided herein and complies with all other requirements of law. (B) The grant of right in division (A) above 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. (1993 Code, § 1165.05) § 96.06 08 FRANCHISE; FRANCHISE SUPREMACY. The city may, in addition to the requirements of this chapter, require any person which has or seeks to have equipment located in any right-of-way to obtain a franchise to the full extent permitted by law, now or hereafter enacted. The terms of any franchise which are in direct conflict with any provision of this chapter, whether granted prior or subsequent to enactment to this chapter, shall control and 68 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. (1993 Code, § 1165.06) § 96.07 09 REGISTRATION INFORMATION. (A) Generally. The information provided to the city at the time of registration shall include, but not to be limited to: 1) Each registrant's name, Gopher One-Call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers. 2) 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. 3) A certificate of insurance or self-insurance: a) Shall be on a form approved by the City b) Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self-insurance acceptable to the city; c) Verifying 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 facilities and 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 facilities and collapse of property; d) Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; e) Requiring that the city be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; and f) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter. g) The city may require a copy of the actual insurance policies. h) If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stat. Sec. 300.06 as recorded and certified to by the Secretary of State. i) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other authorization or approval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have such authorization or approval from said commission or other state or federal agency. (1) The registrant’s name, Gopher One-Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers; (2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers 69 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; (3) A certificate of insurance or self-insurance: (a) Shall be on a form approved by the city; (b) 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; (c) 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 use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and 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; (d) 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 the coverage; and (e) Shall require that the city be notified 30 days in advance of cancellation of the policy; 70 (f) Shall indicate comprehensive liability coverage, automobile liability coverage, workers compensation, and umbrella coverage in amounts established by the city of the office of risk and employee benefit management in amounts sufficient to protect the city and carry out the purposes and policies of this chapter. (4) A copy of the registrant’s certificate of authority from the Minnesota Public Utilities Commission, where the registrant is lawfully required to have the certificate from the Commission; and (5) Any other information as the city may require. (B) Notice of changes. The registrant shall keep all of the information listed above current at all times by providing to the city information of changes within 15 days following the date on which the registrant has knowledge of any change. (C) Grant of right; payment of user fee. (1) Any person required to register under this section, 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 chapter or other state or federal law, unless the person pays the user fee for the non-utility service use. (2) The 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. (3) The granting of the right is expressly conditioned on, and is subject to, continuing compliance with all provisions of law, including this section. (D) 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. (1993 Code, § 1165.07) § 96.0810 REPORTING OBLIGATIONS. (A) Operations. (1) Each registrant shall at the time of 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 the projects in a construction or 71 (1) mmajor maintenance plan. The 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. (2) The plan shall include, but not be limited to, the following information: (a) The specific locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this chapter, a “next-year project’); and (b) The tentative locations and beginning and ending dates for all projects contemplated for the 5 years following the next calendar year (in this chapter, a “5-year project”). (3) The term “project” in this section shall include both next-year projects and 5-year projects. (4) 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. (5) 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 the changes in the 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. (B) 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 § 96.17 19 concerning the discretionary issuance of permits. (1993 Code, § 1165.08) § 96.09 11 PERMIT REQUIREMENT. (A) Generally. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way, or facilities in the right-of-way, without first having obtained the appropriate right-of-way permit from the city to do so. (B) Excavation permit. An excavation permit is required to allow the holder to excavate that part of the right-of-way described in the permit and/or to hinder free and open passage over the specified portion of the right-of-way by placing equipment described therein, to the extent and for the duration specified therein. (C) 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. (D) Small Wireless Facility Permit. A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. Note: Minn. Stat. § 237.163, Subd. 13. 72 (C) 73 (D) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless the person makes a supplementary application for another right- of-way permit before the expiration of the initial permit, and a new permit extension is granted. (E) (F) Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding subd. 2 of this Section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by city council resolution. (E) Disruptive fee. Notwithstanding division (D) above, 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. (F)(G) 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. (1993 Code, § 1165.09) Penalty, see § 10.99 § 96.1012 PERMIT APPLICATIONS. (A) Application for a permit is made to the city. (B) Right-of-way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: (1) Registration with the city pursuant to this chapter; (2) 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; and (3) Payment of all money due to the city for: (a) Permit fees, estimated restoration costs, and other management costs ; (a) and costs due; (b) (c)(b) Prior obstructions or excavations; (d)(c) 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 (d) Franchise fees or other charges, if applicable. (e) Payment of disputed amounts due the city by posting or depositing in an escrow account an amount equal to at least 110% of the amount owing 74 (C) 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 § 96.0406. (1993 Code, § 1165.10) 75 § 96.1113 ISSUANCE OF PERMIT; CONDITIONS. (A) If the city determines that the applicant has satisfied the requirements of this chapter, the city may issue a permit. (B) 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. (C) Small Wireless Facility Conditions. In addition to subdivision 2, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions: 1) A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. 2) No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the city’s written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. 3) No wireless facility may extend more than 10 feet above its wireless support structure. 4) Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way. 5) Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure. 6) Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. Note: Minn. Stat. § 237.163, Subd. 3b. Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right-of-way, after the applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following: Up to $150 per year for rent to collocate on the city structure. $25 per year for maintenance associated with the collocation; A monthly fee for electrical service as follows: $73 per radio node less than or equal to 100 maximum watts; $182 per radio node over 100 maximum watts; or The actual costs of electricity, if the actual cost exceed the foregoing. 76 The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then-existing agreement between the city and applicant, Note: Minn. Stat. § 237.163, Subd. 6(g). (D) Action on Small Wireless Facility Permit Applications. 1. Deadline for Action. The city shall approve or deny a small wireless facility permit application within 90 days after filing of such application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section. 2. Consolidated Applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application: a) are located within a two-mile radius; b) consist of substantially similar equipment; and c) are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (E) Tolling of Deadline. The 90-day deadline for action on a small wireless facility permit application may be tolled if: (1) The city receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case, the city may extend the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension. (2) The applicant fails to submit all required documents or information and the city provides written notice of incompleteness to the applicant within 30 days of receipt the application. Upon submission of additional documents or information, the city shall have ten days to notify the applicant in writing of any still-missing information. (3) The city and a small wireless facility applicant agree in writing to toll the review period. Note: Minn. Stat. § 237.163, Subd. 3c. (B) (1993 Code, § 1165.11) § 96.1214 PERMIT FEES. 77 (A) Excavation permit fee. The excavation permit fee shall be established imposed 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; and (3) Restoration, if done or caused to be done by the city. (B) Disruption fees. The city may establish and impose a disruption fee as a penalty for unreasonable delays in excavations, obstructions, or restoration. (B)(C) Obstruction Permit Fee. The city shall impose an obstruction permit fee in an amount sufficient to recover management costs. (C)(D) Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of all fees required prior to the issuance of the permit unless the applicant shall agree ( in manner, amount, and substance acceptable to the city) to pay the fees within 30 days of billing therefor. All permit fees shall be doubled during a probationary period. Permit fees that were paid for a permit which was revoked for a breach are not refundable. Any refunded permit fees shall be less all city cost up to and including the date of refund. (E) 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. (D)(F) Application to Franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. (1993 Code, § 1165.12) § 96.1315 RIGHT-OF-WAY RESTORATION. (A) 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 78 of the permit holder or when work was prohibited as unseasonable or unreasonable under § 96.1618. 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. (B) 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. (1) 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 the 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. (2) 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 division (B)(2) shall be released. (C) Standards. The permit holder shall perform 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: (1) The number, size, depth, and duration of the excavations, disruptions, or damage to the right-of-way; (2) The traffic volume catted by the right-of-way; the character of the neighborhood surrounding the right-of-way; (3) The pre-excavation condition of the right-of-way; remaining life expectancy of the right- of-way affected by the excavation; (4) 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 (5) 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. 79 (D) Guarantees. By choosing to restore the right-of-way itself, the permit holder guarantees its work and shall maintain it for 36 months following the completion. During this 36-month period, it shall, upon notification from the city, correct all restoration work to the extent necessary, using the method required by the city. The work shall be completed within 5 calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of extraordinary circumstances or days when work is prohibited as unseasonable or unreasonable under § 96.1618. (E) 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 perform or cause to be performed the work. In that event, the permit holder shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If the permit holder fails to pay as required, the city may exercise its rights under the performance and restoration bond. (F) 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. (1993 Code, § 1165.13) § 96.1416 JOINT APPLICATIONS. (A) Joint application. Registrants may jointly make application for permits to excavate or obstruct the right-of-way at the same place and time. (B) 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 2 or more registrants or a single application, are not required to pay the obstruction and degradation portions of the permit fee. (C) 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. (1993 Code, § 1165.14) § 96.1517 SUPPLEMENTAL APPLICATIONS. (A) 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 perform any work outside the area specified in the permit, except as provided herein. Any permit holder which determines that an area greater than that 80 specified in the permit must be obstructed or excavated must before working in that greater area make application for a permit extension and pay any additional fees necessitated thereby, and be granted a new permit or permit extension. (B) 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. (1993 Code, § 1165.15) § 96.16 18 OTHER OBLIGATIONS. (A) 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 M.S. §§ 216D.01 through 216D.09, as they may be amended from time to time, (“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 performed the work. (B) 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 performed when seasonally prohibited or when conditions are unreasonable for the work. (C) 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. (1993 Code, § 1165.16) § 96.17 19 DENIAL OR REVOCATION OF PERMIT. (A) Reasons for Denial. The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. (B) Procedural Requirements. The denial or revocation of a permit must be made in writing and must document the basis for the denial. The city must notify the applicant or right-of-way user in writing within three business days of the decision to deny or revoke a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the city and resubmit its application. If the application is resubmitted within 30 days of receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the resubmitted application within 30 days after submission..Note: Minn. Stat. § 237.163, Subds. 4(c) and 5(f). (1) Mandatory denial. Except in the case of an emergency, no right-of-way permit will be granted: 81 (C) (1) To any person required by § 96.06 to be registered who has not done so; (2) To any person required by § 96.10 to file an annual report but has failed to do so; (3) For any next-year project not listed in the construction and major maintenance plan required under § 96.08 unless the person used commercially reasonable efforts to anticipate and plan for the project; (4) For any project which requires the excavation of any portion of a right-of-way which was constructed or reconstructed within the preceding 5 years; (5) To any person who has failed within the past 3 years to comply, or is presently not in full compliance, with the requirements of the section; (6) To any person as whom there exists grounds for the revocation of a permit under § 96.24; 82 (7) 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. (2) To any person required by § 96.04 to be registered who has not done so; (3) To any person required by § 96.08 to file an annual report but has failed to do so; 83 (4) For any next-year project not listed in the construction and major maintenance plan required under § 96.08 unless the person used commercially reasonable efforts to anticipate and plan for the project; (5) For any project which requires the excavation of any portion of a right-of-way which was constructed or reconstructed within the preceding 5 years; (6) To any person who has failed within the past 3 years to comply, or is presently not in full compliance, with the requirements of the section; and (7) To any person as whom there exists grounds for the revocation of a permit under § 96.22; (8) 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. (B)(D) 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 1 or more of the following factors: (1) The extent to which right-of-way space where the permit is sought is available; (2) The competing demands for the particular space in the right-of-way; (3) The availability of other locations in the right-of-way or in other rights-of-way equipment of the permit applicants; (4) The applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right-of-way; (5) 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; (6) The degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way; (7) The condition and age of the right-of-way, and whether and when it is scheduled for a total or partial reconstruction; and 84 (8) 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. (C)(E) Discretionary issuance. Notwithstanding the provisions of divisions (A)(3) and (A)(4) 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 the customer to materially improve its utility service, or to allow a new economic development project; and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when the applicant was required to submit its lists of next-year projects. (D)(F) Permits for additional next-year projects. Notwithstanding the provisions of division (A)(3) above, the city may issue a permit to a registrant who was allowed under § 96.08 10 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, the permit to be subject to all other conditions and requirements of law, including the conditions as may be imposed under § 96.131. (1993 Code, § 1165.17) § 96.1820 INSTALLATION REQUIREMENTS. In accordance with M.S. §§ 237.162, Subd. 8(3) and 237.163, Subd 8, as they may be amended from time to time; and other provisions of law, and until the Public Utilities Commission adopts uniform statewide standards, the excavation, restoration, and all other work performed 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 § 96.2527. The city may enforce local standards prior to adoption of mandatory, preemptive statewide standards pursuant to its inherent and historical police power authority. (1993 Code, § 1165.18) § 96.1921 INSPECTION. (A) Notice of completion of work. When the work under any permit hereunder is completed, the permit holder shall notify the city. (B) 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. (C) 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 85 violation will be cause for revocation of the permit. Within 10 days after issuance of the order, the registrant shall present proof to the city that the violation has been corrected. If the proof has not been presented within the required time, the city may revoke the permit pursuant to § 96.2224. (1993 Code, § 1165.19) § 96.20 22 WORK DONE WITHOUT A PERMIT. (A) Emergency situations. (1) Each registrant shall immediately notify the city of the city’s designee of any event regarding its equipment which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary in order to respond to the emergency. Within 2 business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. (2) 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. (B) 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 the 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. (1993 Code, § 1165.20) § 96.21 23 SUPPLEMENTAL NOTIFICATION. If the obstruction or excavation of the right-of-way begins later or sooner than the date given on the permit, the permit holder shall notify the city of the accurate information as soon as this information is known. (1993 Code, § 1165.21) § 96.22 24 REVOCATION OF PERMITS. (A) Substantial breach. Registrants hold permits issued pursuant to this code as a privilege and not as a right. The city reserves the right, as provided herein and in accordance with M.S. § 237.163, Subd.4, as it may be amended from time to time, to revoke any right-of-way permit, without fee refund, 86 in the event of a substantial breach of the term and conditioned of any statute, ordinance, rule, or regulation, or any condition of the permit. A substantial breach by permit holder shall include, but not be limited to, the following: (1) The violation of any material provision of the right-of-way permit; (2) 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; (3) Any material misrepresentation of fact in the application for a right-of-way permit; (4) The failure to maintain the required bonds and/or insurance; (5) The failure to complete the work in a timely manner; or (6) The failure to correct a condition indicated on an order issued pursuant to § 96.1921. (B) 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 the 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. (C) Response to notice of breach. Within 24 hours of receiving notification of the breach, permit holder shall contact the city with a plan, acceptable to the City Inspector, for its correction. The permit holder’s failure to so contact the City Inspector, the permit holder’s failure to submit an acceptable plan, or the permit holder’s failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit. Further, permit holder’s failure to so contact the City Inspector, or the permit holder’s failure to reasonably implement the approved plan shall automatically place the permit holder on probation for 1 full year. (D) Cause for probation. From time to time, the city may establish a list of conditions of the permit which, if breached, will automatically place the permit holder on probation for 1 full year, such as, but not limited to, working out of the allotted time period or working on right-of-way outside of the permit. (E) Automatic revocation. If a permit holder, while on probation, commits a breach as outlined above, permit holder’s permit will automatically be revoked and permit holder will not be allowed further permits for 1 full year, except for emergency’s repairs. (F) 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 the revocation. (1993 Code, § 1165.22) 87 § 96.2325 APPEALS. (A) Appeal process. If an applicant has been denied registration of 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, the applicant 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. (B) Appeal costs. Each party to the arbitrators shall pay its own costs, disbursements, and attorney fees. (1993 Code, § 1165.23) § 96.2426 MAPPING DATA. (A) Information required. Except as provided in division (B) below, 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 chapter at the time any permits are sought under this chapter. (B) Supplemental information. Within 6 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. (C) Comprehensive equipment plans. (1) Each registrant shall, within 6 months after the date of passage of this chapter, submit a plan to the city specifying in detail the steps it will take economically with the requirements of this chapter. 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 chapter, and for the remainder of the city as early as may be reasonable and practical, but not later than 5 years after the date of passage of this ordinance for the remainder of the city as early as may be reasonable and practical, but not later than 5 years after the date of passage of this chapter. (2) After 6 months after the passage of this chapter, 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. 88 (D) 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. (E) Trade secret information. At the request of any registrant, any information requested by the city, which qualifies as a “trade secret” under M.S. § 13.37(b), as it may be amended from time to time, 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. (1993 Code, § 1165.24) § 96.2527 LOCATION OF EQUIPMENT. (A) Undergrounding. Unless otherwise permitted by an existing franchise or M.S. § 216B.34, as it may be amended from time to time, 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 the agreement is reflected in applicable permits. (B) 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 the equipment must be located accordingly. (C) 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 factors such as the remaining economic life of the facilities, public safety, customer service needs, and headship to the registrant. (D) Nuisance. One year after the passage of this chapter, 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. (E) 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 the decisions, the city shall strive to the extent possible to accommodate all existing and 89 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. (1993 Code, § 1165.25) § 96.2628 RELOCATION OF EQUIPMENT. (A) 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 the removal and relocation, and shall restore the right-of-way to the same condition it was in prior to the removal or relocation. The city may make the 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. (B) 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 nongovernmental entity to the person therefor. (1993 Code, § 1165.26) § 96.2729 PRE-EXCAVATION EQUIPMENT LOCATION. In addition to complying with the requirements of M.S. § 216D.01-09, as it may be amended from time to time, 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 the equipment. Any registrant whose equipment is less than 20 inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor in an effort to establish the exact location of its equipment and the best procedure for excavation. (1993 Code, § 1165.27) § 96.2830 DAMAGE TO OTHER EQUIPMENT. (A) Maintenance work by city. When the city performs work in the right-of-way and finds it necessary to maintain, support, or move a registrant’s equipment in order to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within 30 days from the date of billing. 90 (B) 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. (1993 Code, § 1165.28) § 96.2931 RIGHT-OF-WAY VACATION. (A) 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 the right-of-way at any time for the purpose of reconstructing, inspecting, maintaining, or repairing the same. (B) Relocation of equipment. If the vacation requires the relocation of the registrant or permit holder equipment and; if the vacation proceedings are initiated by the registrant or permit holder, the registrant or permit holder must pay the relocation costs; or 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 if the vacation proceeding are initiated by a person or persons other than the registrant or permit holder, the person or persons must pay the relocation costs. (1993 Code, § 1165.29) § 96.3032 INDEMNIFICATION AND LIABILITY. (A) 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; for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the city; or for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants. (B) 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 is 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 91 complained of is 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 the negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance, or repair of the 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 waiver 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 assert in any action every defense or immunity that the city could assert in its own behalf. (1993 Code, § 1165.30) § 96.31 33 FUTURE USES. In placing any equipment, or allowing it to be placed, in the 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 section, and no special duty is created as to registrant. This section is enacted to protect the general health, welfare, and safety of the public at large. (1993 Code, § 1165.31) § 96.32 34 ABANDONED AND UNUSABLE EQUIPMENT. (A) 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: (1) 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 (2) 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: (a) Purchase the equipment; (b) Require the registrant, at its own expense, to remove it; or (c) 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. (B) Abandoned equipment. A registrant’s equipment that fails to comply with division (C) below 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: (1) Abating the nuisance; 92 (2) Taking possession of the equipment and restoring it to a usable condition; (3) Requiring removal of the equipment by the registrant or by the registrant’s surety; or (4) Exercising its rights pursuant to the performance and restoration bond. (C) Removal. Any registrant who has unusable equipment in any right-of-way shall remove it from that right-of-way during the next scheduled excavation, unless this requirement is waived by the city. (1993 Code, § 1165.32) § 96.3335 RESERVATION OF REGULATORY AND POLICE POWERS. The city, by granting of a right-of way permit, or by registering a person under this section, does not surrender or to any extent lose, waive, impair, or lessen the lawful powers and rights, which it has now or may be hereafter vested in the city under the Constitution and Statues of the State of Minnesota to regulate the use of the right-of-way by permit holder; and the permit holder by its acceptance of a right-of-way permit or of registration under those ordinances agrees that all lawful powers and rights, regulatory power, or police power, or otherwise as are or the same may be from time to time vested in or reserved to the city, shall be in full force and effect and subject to the exercise thereof by the city at any time. A permit holder or registrant is deemed to acknowledged that its rights are 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 the 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. (1993 Code, § 1165.33) § 96.3436 SEVERABILITY. If any division, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision and the 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, nonappealable order that any permit, right, or registration issued under this chapter or any portion of this chapter is illegal or unenforceable, then any such permit right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with mutual right in either party to terminate without cause giving 60 days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit, right or registration, respectively, except for the conditions relating to the term of the permit and 93 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 the revokable permit and the power to revoke it. Nothing in this chapter precludes the city from requirements set forth herein. (1993 Code, § 1165.34) § 96.35 37 NONEXCLUSIVE REMEDY. The remedies provided in this chapter 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 chapter or other provisions of the Legislative Code. (1993 Code, § 1165.35) Effective Date: This ordinance shall become effective as of its publication. First Reading: November 14, 2017 Second Reading: November 28, 2017 Adopted: December 12, 2017 CITY OF SAINT ANTHONY VILLAGE By:_________________________________ Jerome O. Faust, Mayor ATTEST: By:_________________________________ Nicole Miller, City Clerk Publish: St. Anthony Bulletin Publication Date: December 20, 2017 94 St. Anthony Current ROW Fees Recommended Fees Registration : $40 Registration : $60 Excavation (Hole): $125 Excavation (Hole): $150 Excavation (Trench): $70 per 100 lineal feet (plus hole fee)Excavation (Trench): $70 per 100 lineal feet (plus hole fee) Obstruction permit base fee: $50 plus $.05/lineal foot Obstruction permit base fee: $50 plus $.05/lineal foot Permit Extension fee: $55 Permit Extension fee: $55 Street Excavation $50 Street Excavation $50 Small Cell Wireless ROW Rent : No fee Small Cell Wireless ROW Rent : $150 per year (plus $25 per site) 95 THIS PAGE LEFT INTENTIONALLY BLANK 96   3301 Silver Lake Road, St. Anthony, Minnesota 55418‐1699   www.savmn.com (612) 782‐3301 Fax (612) 782‐3302   Our mission is to be a progressive and livable community, a walkable village which is sustainable, safe and secure.        NOTICE OF A PUBLIC HEARING    Notice is hereby given that on November 14, 2017, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the City  Council will hold a public hearing to solicit public response to the Ordinance Amendments for Chapter  96 Right of Way Management. This ordinance amends multiple sections to provide regulations for the  placement of small cellular facilities in the city’s right of way, including on streetlights. This ordinance  also provides provisions for permits and associated fees for such placement.   Those persons having an interest in said amendments are encouraged to attend. Oral testimony will be  accepted on the above subject at this meeting.  Written comments may be taken at the St. Anthony  Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the  hearing.  Questions may be directed to the City Planner at 763‐231‐4863.  The City Council agenda and packet item relating to this application will be made available prior to the  meeting online at www.savmn.com    Nicole Miller  City Clerk    Publication:  St. Anthony Bulletin  November 1, 2017    97 THIS PAGE LEFT INTENTIONALLY BLANK 98 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 17-076 CANVASSING BOARD RESOLUTION WHEREAS, on November 7th, 2017, a general election was held in the City of St. Anthony for the offices of two Council Members and; WHEREAS, the candidates received the number of votes specified in the Abstract of Votes attached to this Resolution; Now, Therefore, Be It RESOLVED, that Randy Stille and Jan Jenson, having receiving the greatest number of votes for the office of Council Member are hereby declared to be elected; and be it further RESOLVED, that the City Clerk is hereby directed to transmit a certified copy of these results to the County Auditors of Ramsey and Hennepin counties. Adopted this 14th day of November, 2017. _________________________________________ Jerome O. Faust, Mayor ATTEST:____________________________ Nicole Miller, City Clerk Review for Administration: _________________________________________ Mark Casey, City Manager 99 Abstract of Votes Cast In the Precincts of the City of St. Anthony State of Minnesota at the Municipal General Election Held Tuesday, November 7, 2017 as compiled from the official returns. 100 KEY TO PARTY ABBREVIATIONS NP - Nonpartisan Council Member (St. Anthony) (Elect 2) NP Thomas Randle 176 NP Nancy Robinett 989 NP Randy Stille 1211 NP Dave Colling 824 NP Christopher Clark 86 NP Jan Jenson 1007 WI WRITE-IN** 14 Summary of Totals City of St. Anthony Tuesday, November 7, 2017 Municipal General Election Summary of Totals City of St. Anthony Tuesday, November 7, 2017 Municipal General Election Number of persons registered as of 7 a.m.5992 Number of persons registered on Election Day 48 Number of accepted regular, military, and overseas absentee ballots and mail ballots 335 Number of federal office only absentee ballots 0 Number of presidential absentee ballots 0 Total number of persons voting 2255 Abstract print version 18317, generated 11/10/2017 10:37:51 AM Page 1 of 5 Abstract print version 18317, generated 11/10/2017 10:37:51 AM 101 Detail of Election Results City of St. Anthony Tuesday, November 7, 2017 Municipal General Election Precinct Persons Registered as of 7 A.M. Persons Registered on Election Day Total Number of Persons Voting 27 2765 : ST ANTHONY P-01 1530 12 665 27 2770 : ST ANTHONY P-02 2334 16 1149 62 0530 : ST ANTHONY P-1 2128 20 441 City of St. Anthony Total:5992 48 2255 Page 2 of 5 102 Detail of Election Results City of St. Anthony Tuesday, November 7, 2017 Municipal General Election Office Title: Council Member (St. Anthony) (Elect 2) Precinct NP Thomas Randle NP Nancy Robinett NP Randy Stille NP Dave Colling NP Christopher Clark 27 2765 : ST ANTHONY P-01 50 269 364 273 35 27 2770 : ST ANTHONY P-02 90 487 652 396 21 62 0530 : ST ANTHONY P-1 36 233 195 155 30 Total:176 989 1211 824 86 Precinct NP Jan Jenson WI WRITE-IN** 27 2765 : ST ANTHONY P-01 291 3 27 2770 : ST ANTHONY P-02 557 7 62 0530 : ST ANTHONY P-1 159 4 Total:1007 14 Page 3 of 5 103 We, the legally constituted county canvassing board, certify that we have herein specified the names of the persons receiving votes and the number of votes received by each office voted on, and have specified the number of votes for and against each question voted on, at the Municipal General Election held on Tuesday, November 7, 2017 As appears by the returns of the election precincts voting in this election, duly returned to, filed, opened, and canvassed, and now remaining on file in the office of the City of St. Anthony Clerk. Witness our official signature at ________________________________ in _________________________ County this _____________ day of ______________, 2017. ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board Page 4 of 5 104 State of Minnesota City of St. Anthony I, __________________________________________________, Clerk of the City of St. Anthony do hereby certify the within and foregoing __________________ pages to be a full and correct copy of the original abstract and return of the votes cast in the City of St. Anthony Municipal General Election held on Tuesday, November 7, 2017. Witness my hand and official seal of office this ________ day of ________________, 2017. ______________________________________________ Page 5 of 5 105 THIS PAGE LEFT INTENTIONALLY BLANK 106 Date Type Staff Present November 28 Regular Fire Prevention Poster Winners Water Conservation Poster Winners 2nd Reading Water, Sewer, & Stormwater 2nd Reading Small Cell Wireless Ordinance City Council City Manager Fire Dept Public Works Director December 4 Special 5:30 p.m.Work Session City Council City Manager December 4 Special 7:00 p.m.Work Session - Commission Interviews City Council City Manager December 12 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2018 City & HRA Budgets and Final Property Tax Levy -Public Hearing Final Reading Water, Sewer, & Stormwater 2018 Fee Schedule Final Reading Small Cell Wireless Ordinance 2018 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids City Council City Manager Finance Director City Engineer December 26 Regular City Council City Manager January 9 Regular Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants City Council City Manager January 23 Regular 2018 Parks Commission Work Plan- (motion only) Presentation-Northeast Youth and Family Services Northeast Youth and Family Services Agreement 2018 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments, Order Preparation of Assessments City Council City Manager City Engineer February 13 Regular Planning Commission items from January Ordinance Setting Water & Sewer Rates for 2018 - 1st Reading City Council City Manager FUTURE COUNCIL AGENDA ITEMS 2018 2017 107 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS February 27 Regular Ordinance Setting Water & Sewer Rates for 2018 - 2nd Reading 2018 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments, Award Contract for Construction, Call for Sale of GO Bonds Administration Annual Report City Council City Manager City Engineer March 13 Regular Planning Commission Items from February Liquor Annual Report Fire Annual Report Liquor License Renewals GreenCorp Member application-resolution Ordinance Setting Water & Sewer Rates for 2018 - Final Reading 2018 Planning Commission Work Plan-(motion only) City Council City Manager Fire Dept Liquor Op Manager March 27 Regular 2018 Street Project Call for Sale of Bonds Public Works Annual Report Police Annual Report Order Feasibility Report for 2019 Street Project City Council City Manager Public Works Director Police Dept City Engineer April 10 Regular Planning Commission Items from March Quarterly Donations & Grants City Council City Manager April 24 Regular Arbor Day Proclamation 1st Quarter Goals Update Spirit of St. Anthony Award 2018 Street Project Bond Sale and Award of Bonds City Council City Manager May 8 Regular Planning Commission items from April Public Hearing-Budget Calendar Finance Annual Report Chamber of the Year and Business of the Year City Council City Manager Finance Director May __Special 5:00 p.m.Tour of the City City Council City Manager May 22 Regular Salo Park Concert Series Insurance Renewal Tort Limits - Consent Approval of 2019 Street & Utility Recon Feasibility Study & Order Final Plans and Specs City Council City Manager City Engineer June 12 Regular Planning Commission Items from May City Council City Manager June 26 Regular Audit Presentation City Council City Manager Finance Director 108 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS July 10 Regular Planning Commission items from June Quarterly Donations & Grants Quarterly Goals Update City Council City Manager July 24 Regular Night to Unite Presentation Night to Unite Proclamation Liquor Operations Mid Year Report VillageFest Presentation City Council City Manager Police Chief Liquor Op Mgr August 14 Regular 7:00 p.m. Planning Commission items from July SANB #282 Presentation City Council City Manager August 28 Regular Budget Presentation City Council City Manager Finance Director September 11 Regular Planning Commission items from August Commissioner Mary Jo McGuire 2019 Preliminary Operating Budget and Levy-Public Hearing Kiwanis Peanut Day City Council City Manager Finance Director September 25 Regular Fire Prevention Presentation City Council City Manager Fire Dept October 9 Regular Planning Commission items from September Quarterly Donations & Grants Certification of Delinquent Utility Accounts-Consent Agenda Certification of Delinquent Waste Hauler Accounts-Consent Agenda City Council City Manager October 23 Regular City Council City Manager November 13 Regular Planning Commission items from October 1st Reading Water, Sewer, & Stormwater City Council City Manager 109 Mr. Mayor and Members of the City Councii, Last night, on October 23`x, there was a planning commission meeting held for the purpose of considering a motion to support the issuance of a conditional use permit for an adult day care center here in St. Anthony. The question at hand was, "is an adult day care center at the SE corner of Stinson and 37 Ave and appropriate land use at that location`, However, during the public hearing, questions were directed at the applicants that I do not believe were relevant to the issue at hand, but which instead seemed to me to call into question the knowledge and fitness of the applicants for operating an adult day care center. I do not believe that the questions were asked with malicious intent but rather out of curiosity and itis ' 1 that the applicants were not offended by the line of questioning but I would have been. So I am possible here, as a member of the Planning commission, but on my own behalf, to take this opportunity to the ublic record to Mr. Isse Hussein and Mr. Sadiq Punjanifor not doing my part to apologize on p redirect the conversation to the question at hand. I will try to do better in the future. 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