HomeMy WebLinkAboutCC PACKET 12122017
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 December 12, 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 November 28, 2017, City Council meeting minutes. (pp.1-7)
B. Licenses and Permits. (pp.9)
C. Claims. (pp.11-13)
D. Resolution 17-081 a resolution Approving the 2018 Salary of Mark Casey, City Manager.
(pp.15)
E. Resolution 17-082 a resolution Authorizing Transfers and Closing of Specified Funds.
(pp.17-19)
IV. Public Hearing.
A. Resolution 17-083 a resolution Setting the Final 2018 Tax Levy and General Operating
Budget for the City of St. Anthony Village. Shelly Rueckert, Finance Director presenting.
(pp.21-37)
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Resolution 17-084 a resolution Approving Combination Wine/Strong Beer license for Wine
and Canvas located at 2900 Pentagon Drive. Mark Casey, City Manager presenting.
(pp.39-41)
B. Resolution 17-085 a resolution Accepting Plans and Specifications and Ordering
Advertisement for Bids for the 2018 Street and Utility Improvements. Todd Hubmer, City
Engineer presenting. (pp.43-55)
C. Resolution 17-086 a resolution Approving 2018 Appointments of Commissioners and the
Chair and Vice Chair to the Planning Commission. Mark Casey, City Manager presenting.
(pp.57)
D. Resolution 17-087 a resolution Approving the 2018 Chair and Vice Chair to the Parks
Commission. Mark Casey, City Manager presenting. (pp.59)
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
DECEMBER 12, 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.
E. Ordinance 2017-04 an ordinance Setting Sewer, Water and Storm Water charges for 2018.
Mark Casey, City Manager presenting. (final reading and adoption). (pp.61-70)
F. Ordinance 2017-05 an ordinance Amending Chapter 96 Right of Way Management.
Mark Casey, City Manager presenting. (final reading and adoption). (pp.71-111)
G. Resolution 17-088 a resolution Approving Summary Publication of Ordinance 2017-05
Chapter 96 Right of Way Management. Mark Casey, City Manager presenting. (pp.113)
H. Resolution 17-089 a resolution Approving the 2018 Fee Schedule. Mark Casey, City
Manager presenting. (pp.115-129)
I. Resolution 17-090 a resolution to Appoint City Council Member. Mark Casey, City Manager
presenting. (pp.131)
J. Swearing in of New City Council Member. Jerry Faust, Mayor presenting. (pp.133)
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
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
NOVEMBER 28, 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 Gray, Jenson, and Stille. 15
Absent: None 16
Also Present: City Manager Mark Casey, Fire Chief Sitarz, Public Works Director Jay Hartman, 17
Parks Commission Chair Scott Bentz, Police Captain Jeff Spiess, Fire Marshall Chris 18
Fuller, Firefighter Mattie Jaros and Assistant to the City Manager Charlie Yunker. 19
20
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 21
ITEMS. 22
23
I. APPROVAL OF NOVEMBER 28, 2017 CITY COUNCIL MEETING AGENDA. 24
25
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 26
Council Meeting Agenda of November 28, 2017 as presented. 27
28
Motion carried 4-0. 29
30
II. PROCLAMATIONS AND RECOGNITIONS. 31
32
A.Presentation of 2017 Fire Prevention Poster Winners33
34
Fire Chief Sitarz recognized Fire Marshall Chris Fuller and Firefighter Mattie Jaros who have 35
done an outstanding job running this program. 36
37
Fire Marshall Fuller reviewed the program. 38
39
Fire Marshall Fuller announced the 2017 Fire Prevention Poster Winners: 40
41
4th Place – Abigail Niemi – 5th Grade Wilshire Park 42
3rd Place – Eleanor Lamerand – 5th Grade Wilshire Park 43
2nd Place – Monica Barrett – 5th Grade St. Charles 44
1st Place – Henry Bernhardt – 5th Grade Wilshire Park 45
46
Mayor Faust congratulated the winners out of 150 entries. 47
48
49
1
City Council Regular Meeting Minutes
November 28, 2017
Page 2
1
B. Presentation of 2017 Water Conservation Poster Winners 2
3
Public Works Director Jay Hartman provided a summary of the contest. Parks Commission Chair 4
Scott Bentz was also present. Mr. Hartman stated there were 118 entries. 5
6
Mr. Hartman announced the 2017 Water Conservation Poster Winners: 7
8
Grades K-1 Winner – Eli Jordahl Redlin - 1st Grade 9
Grades 2-3 Winner – Lidiya Kiflu - 2nd Grade 10
Grades 4-5 Winner – Sonam Dechen - 5th Grade 11
Runner Up – Naomi Waldusky - 4th Grade 12
Grand Prize – Nikita Quan - 4th Grade 13
14
Mayor Faust congratulated the winners. He noted residents can monitor their water usage on the 15
City’s website. 16
17
III. CONSENT AGENDA. 18
19
A. Approval of November 14, 2017, City Council Meeting Minutes. 20
B. Licenses and Permits. 21
C. Claims. 22
D. Resolution 17-077; a Resolution Approving the One Year Joint Powers Agreement with 23
Ramsey County for the Use of Yard Waste Management Sites for all St. Anthony 24
Residents. 25
26
Councilmember Stille noted organics are now accepted at the Yard Waste Management Sites. 27
28
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Consent 29
Agenda items. 30
31
Motion carried 4-0. 32
33
IV. PUBLIC HEARINGS - NONE. 34
35
V. REPORTS FROM COMMISSION AND STAFF - NONE. 36
37
VI. GENERAL BUSINESS OF COUNCIL. 38
39
A. Resolution 17-078; a Resolution Approving the Joint Powers Agreement for Body 40
Camera Policy and Implementation Program Grant in Conjunction with the Roseville 41
Police Department. 42
43
Police Captain Jeff Spiess stated the St. Anthony Police Department and the Roseville Police 44
Department have worked closely with one another in shared IT services, the same records 45
management system, a joint SWAT team, and various other resource sharing that occurs between 46
2
City Council Regular Meeting Minutes
November 28, 2017
Page 3
patrol divisions. This partnership has realized many advantages, such as economies of scale, 1
consistency, transparency, and continuity of evidence across jurisdictional borders, and ease of 2
operation. 3
4
Captain Spiess stated earlier this year, the St. Anthony Police Department made application with 5
the Department of Justice for their Body Worn Camera Policy and implementation Program 6
grant. This grant was written in conjunction with the Roseville Police Department, with St. 7
Anthony being the grantee and Roseville applying as the subrecipient to the grant. This was 8
conducted as a partnership with the Roseville Police Department due to the positive outcomes we 9
have realized with past and current partnerships between departments. 10
11
Councilmember Stille asked about the grant amounts. Captain Spiess stated in October, the DOJ 12
announced the award of the grant in the amount of $123,000 with $40,500 to St. Anthony and 13
$82,500 to Roseville. The administration of the grant carries a 50% match funding requirement 14
by each agency, along with several other reporting and recordkeeping requirements. A draft of 15
the contract agreement between the City of St. Anthony and the City of Roseville was provided 16
for Council review and staff recommends City Council approval. 17
18
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution 19
17-078; a Resolution approving the Joint Contract Agreement Regarding Body Worn Camera 20
Policy and Implementation Program Grant in Conjunction with the Roseville Police Department. 21
22
Mayor Faust noted Roseville provides the IT services and it is critical to the storage component 23
of the body cams. 24
25
Councilmember Stille stated this is a natural partnership with Roseville and monies are saved by 26
working together with no liability risk to the City. 27
28
Motion Carried 4-0 29
30
B. Ordinance 2017-04; an Ordinance Setting Sewer, Water and Storm Water charges for 31
2018. 32
33
City Manager Casey presented the 2nd reading of this Ordinance. The 3rd and final reading will 34
be on December 12, 2017. 35
36
Motion by Councilmember Gray, seconded by Councilmember Stille, to approve 2nd Reading of 37
Ordinance 2017-04; an Ordinance Setting Sewer, Water and Storm Water charges for 2018. 38
39
Councilmember Stille noted the Finance Director presented the detailed information at the 1st 40
Reading. 41
42
Motion Carried 4-0 43
44
C. Ordinance 2017-05; an Ordinance Amending Chapter 96 Right of Way Management. 45
46
3
City Council Regular Meeting Minutes
November 28, 2017
Page 4
City Manager Casey presented the 2nd reading of the Ordinance. The 3rd and final reading will be 1
on December 12, 2017. 2
3
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve 2nd Reading 4
of Ordinance 2017-05; an Ordinance Amending Chapter 96 Right of Way Management. 5
6
Motion Carried 4-0. 7
8
D. Resolution 17-079; a Resolution of the Canvass of the Recount for the 2017 General 9
Municipal Election. 10
11
City Manager Casey requested the Council approve the canvassing board resolution for the 12
recount of the November 7, 2017 General Election. The recount was held on November 14, 2017 13
and the recount showed the vote did not change. 14
15
Motion by Councilmember Gray, seconded by Councilmember Stille, to approve Resolution 17-16
079; a Resolution of the Canvass of the Recount for the 2017 General Municipal Election. 17
18
Mayor Faust stated the City should be gratified that the count remained the same which shows 19
there is integrity in the system and the counting was done properly. There was a recount 20 20
years ago, without the electronic reader. 21
22
Motion Carried 4-0 23
24
E. Race and Equity Plan. 25
26
Assistant to the City Manager Charlie Yunker reviewed a PowerPoint presentation summarizing 27
the Race and Equity Plan. Mr. Yunker described What is GARE, the 2017 Introductory Cohort, 28
and the St. Anthony Race and Equity Plan. 29
30
Councilmember Stille commented the Council was introduced to the GARE toolkit and were 31
able to attend some GARE speaker series. The Race and Equity Plan is a working document and 32
City Council and staff will continue to strive to become better. 33
34
Mayor Faust echoed Councilmember Stille’s comments and thanked Mr. Yunker and City 35
Manager Casey. 36
37
Councilmember Jenson stated this program kicked off in January. He asked how much longer the 38
training portion lasts. Mr. Yunker explained the process. 39
40
41
Mr. Joe Flynn, attorney under the LMC, provided the attorney-client data. Mr. Flynn stated the 42
City has received notice of claims from Diamond Reynolds and her minor daughter concerning 43
an incident on July 6, 2016. Mr. Flynn recommended the City Council close the meeting to 44
review potential litigation with legal counsel. 45
46
4
City Council Regular Meeting Minutes
November 28, 2017
Page 5
The City Council went into a closed meeting at 7:40 p.m. 1
2
F. Closed Meeting 3
4
The St, Anthony Village City Council held a closed meeting to protect attorney-client privileged 5
communications as permitted by Minn Stat. §13D.05, subd 3(b) to discuss threatened litigation 6
involving the claims of Diamond Reynolds and her minor daughter, DER concerning an incident 7
occurring July 6, 2016. 8
9
The City Council returned to the Council Chambers at 7:56 p.m. 10
11
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution 12
17-080; a Resolution approving a mediation agreement in Diamond Reynolds, Individually and 13
as next friend of DER, a minor child v. City of Saint Anthony; City of Roseville; City of Falcon 14
Heights; and Jeronimo Yanez, individually and as agent and/or employee of City of Saint 15
Anthony Police Department, State of Minnesota, District Court, County of Ramsey, Second 16
Judicial District. 17
18
Councilmember Stille read the entire Resolution 17-080. The agreed settlement is $675,000. 19
20
Mayor Faust stated if this was not approved it would re-open the litigation and bring heartache to 21
all involved. This is the right thing to do and we need to move forward. 22
23
Councilmember Stille stated this is in the best interest of all parties. 24
25
Motion Carried 4-0 26
27
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 28
29
City Manager Casey stated he participated in the Dare to be Real program at the High School on 30
November 16, 2017. He thanked the other City Staff that was present. He stated December 4, 31
2017, is the last date to submit an application for the open City Council seat. 32
33
Councilmember Jenson stated he attended the Lowry Grove Redevelopment presentation on 34
November 27, 2017. 35
36
Councilmember Stille stated on November 15, he attended an Urban Land Institute Meeting. On 37
November 16, he attended the Chamber Adopt a Family event. He also attended the Dare to be 38
Real program and thanked the kids who attended and City Staff. 39
40
Councilmember Gray stated on November 16, he attended the North Suburban Access 41
Corporation Board of Directors Meeting. He also attended the Lowry Grove Redevelopment 42
meeting. 43
44
Mayor Faust stated he was also at the Lowry Grove Redevelopment meeting. When the proposal 45
was disapproved at 41 units per acre, they went back to the drawing board and the numbers are 46
5
City Council Regular Meeting Minutes
November 28, 2017
Page 6
now 27-28 units per acre. They intend to bring their plan to the Planning Commission in January 1
and as soon as received, they will be put on the City’s website. 2
3
VIII. COMMUNITY FORUM. 4
5
Ms. Nancy Robinett, 3408 31st Avenue NE, provided more information on the Lowry Grove 6
Redevelopment Meeting last evening. She noted CPG does not have ownership of the Bremer 7
Bank site yet it was featured in their presentation as part of an integrated site plan. The two-acre 8
Bremer Bank site is proposed for the affordable housing site and the affordable housing 9
component of the redevelopment are of high interest. She stated it was disturbing to see that the 10
Bremer Bank site was featured when in fact CPG does not own the site. Alan Arthur of AEON 11
actually has a purchase agreement on the site. Ms. Robinett posed the question and CPG did not 12
answer the question. She does not know if the City Council was aware of this and feels that fact 13
throws it all into uncertainty. Ms. Robinett indicated CPG stated they had been discussing 14
affordable housing with “The City”. She assumed that to mean City Staff. She heard there was 15
potential of packing the bowling alley across the street with the Bremer Bank site to enhance 16
affordable housing at the site. Ms. Robinett assumes City Council did not know CPG did not 17
own the Bremer Bank site because it was a very misleading presentation to the public. She would 18
like to know what the City has said about the bowling alley site and asked Mr. Casey to follow-19
up with her. 20
21
Mayor Faust stated when a person says they own a piece of property the City does not go and 22
check property records. Mayor Faust said he and City Manager Casey have been trying to market 23
the bowling alley site for 2½ years. 24
25
Councilmember Stille stated in the land development business, companies want to make 26
presentations such as this to get entitlement approvals before you become fee owner. He does not 27
know where this stands with purchase agreements and Council is not in the middle of this. 28
29
Councilmember Gray stated Council is committed to have affordable housing as part of the 30
project and if the final plan does not include affordable housing, it won’t be approved as far as he 31
is concerned. He stated Council does not know what the final presentation will consist of. 32
33
IX. INFORMATION AND ANNOUNCEMENTS. 34
35
It was noted that on December 9th, the Holiday Train will come to St. Anthony at 37th and 36
Stinson. The event begins at 7:00 p.m. and the train arrives at 7:45 p.m. 37
38
X. ADJOURNMENT. 39
40
Mayor Faust adjourned the meeting at 8:15 p.m. 41
42
Respectfully submitted, 43
Debbie Wolfe 44
TimeSaver off Site Secretarial, Inc. 45
46
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City Council Regular Meeting Minutes
November 28, 2017
Page 7
1
2
Mayor 3
ATTEST: 4
City Clerk 5
6
7
7
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8
Saint Anthony Village
DATE: December 12, 2017 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
Mechanical Licenses:
Classic Heating & Cooling, Chaska, MN
DNA Heating & Cooling, Excelsior, MN
Flare Heating & AC, Golden Valley, MN
Rental Licenses:
Applicant: Thomas Hase
Location: 2405 39th Ave NE
Applicant: Curtin Properties
Location: 3817 Macalaster Dr
9
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10
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 11/28/2017 - 12/13/2017 Dec 06, 2017 10:46AM
Vendor Number Payee Check Number Check Issue Date Amount
12572 JOHNSON, KEN 33779 11/28/2017 396.78
10710 ICMA RETIREMENT TRUST 33780 12/01/2017 1,735.00
11792 INTERNATIONAL UNION LOCAL #49 33781 12/01/2017 414.00
11793 LAW ENFORCEMENT LABOR SERVICES 33782 12/01/2017 833.00
10002 LOCAL UNION IAFF #3486 33783 12/01/2017 336.72
1121 ABLE SEED HOUSE + BREWERY 33784 12/13/2017 1,450.00
12573 ADVANTAGE CONSTRUCTION 33785 12/13/2017 101.13
10037 AHO/JESSIE 33786 12/13/2017 125.00
10039 AIRGAS USA LLC 33787 12/13/2017 39.37
10054 ALLIANCE MECHANICAL 33788 12/13/2017 396.00
12434 APERCU GROUP 33789 12/13/2017 1,750.00
10098 ARAMARK 33790 12/13/2017 302.54
1100 ARTISIAN BEER COMPANY 33791 12/13/2017 4,595.60
1013 BELLBOY CORPORATION 33792 12/13/2017 5,192.32
1014 BELLBOY CORPORATION 33793 12/13/2017 124.75
1035 BERNICK'S BEVERAGE & VENDING 33794 12/13/2017 1,869.15
10185 BOUND TREE MEDICAL LLC 33795 12/13/2017 51.79
8544 BOURGET IMPORTS 33796 12/13/2017 2,484.00
1018 BREAKTHRU BEVERAGE MN BEER 33797 12/13/2017 9,639.37
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 33798 12/13/2017 10,998.51
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 33799 12/13/2017 4,680.50
1114 CANNON RIVER WINERY 33800 12/13/2017 144.00
1017 CAPITOL BEVERAGE SALES 33801 12/13/2017 10,123.85
12150 CITY OF NEW BRIGHTON 33802 12/13/2017 37,281.98
10293 CITY OF ROSEVILLE 33803 12/13/2017 10,695.36
10332 COMPTON'S COMMERCIAL CLNG. INC 33804 12/13/2017 3,578.00
10345 CORNER HOUSE 33805 12/13/2017 1,137.38
1042 CRYSTAL SPRINGS ICE 33806 12/13/2017 104.45
10393 DELL MARKETING, INC.33807 12/13/2017 5,057.93
12574 ECKMAN, SCOTT & LISA 33808 12/13/2017 165.18
10502 FAUST/JERRY 33809 12/13/2017 92.56
10508 FERGUSON WATERWORKS 33810 12/13/2017 174.91
10523 FISCHER/MERLE 33811 12/13/2017 50.03
10526 FLEETPRIDE 33812 12/13/2017 316.32
1097 FORESTEDGE WINERY 33813 12/13/2017 234.00
10539 FRATTALLONE'S HARDWARE 33814 12/13/2017 3.58
10544 FREEWAY TOWING 33815 12/13/2017 107.12
10550 G & K SERVICES INC 33816 12/13/2017 1,049.75
1110 GENERAL INDUSTRIAL SUPPLY CO 33817 12/13/2017 65.18
10578 GOPHER STATE ONE CALL 33818 12/13/2017 165.00
1032 GRAPE BEGINNINGS, INC.33819 12/13/2017 274.50
10607 HACH COMPANY 33820 12/13/2017 157.82
10624 HAWKINS, INC 33821 12/13/2017 2,086.94
10636 HEDBACK, ARENDT & CARLSON PLLC 33822 12/13/2017 3,500.00
10651 HENNEPIN COUNTY MEDICAL CENTER 33823 12/13/2017 125.00
10674 HICKS/ERNEST 33824 12/13/2017 112.56
1019 HOHENSTEIN'S, INC 33825 12/13/2017 9,424.92
10684 HOME DEPOT CREDIT SERVICES 33826 12/13/2017 615.24
12575 HYDRO-VAC INC 33827 12/13/2017 2,672.50
12315 IRC RETAIL CENTERS SALO PARK 33828 12/13/2017 2,671.32
12313 IRC RETAIL CENTERS SLV LIQ 33829 12/13/2017 2,284.83
1016 JJ TAYLOR DISTRIBUTING 33830 12/13/2017 19,932.48
1004 JOHNSON BROTHERS LIQUOR CO.33831 12/13/2017 2,129.11
11
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 11/28/2017 - 12/13/2017 Dec 06, 2017 10:46AM
Vendor Number Payee Check Number Check Issue Date Amount
1005 JOHNSON BROTHERS LIQUOR COMPANY.33832 12/13/2017 9,455.13
1006 JOHNSON BROTHERS LIQUOR COMPANY.33833 12/13/2017 4,360.67
1044 JOHNSON BROTHERS LIQUOR COMPANY.33834 12/13/2017 8,977.38
12014 LAMETTRY'S 33835 12/13/2017 4,622.05
12340 LARSON, ALISSA 33836 12/13/2017 129.38
12336 LETG LLC 33837 12/13/2017 258.00
10851 LILLIE SUBURBAN NEWSPAPER 33838 12/13/2017 43.45
2010 LUPULIN BREWING 33839 12/13/2017 873.00
10874 MACQUEEN EQUIPMENT GROUP 33840 12/13/2017 119.75
12579 MANDELL, RICHARD & MONICA 33841 12/13/2017 125.00
10888 MARKEL/EDWARD 33842 12/13/2017 125.00
10916 MENARDS LUMBER 33843 12/13/2017 14.99
10931 METROPOLITAN COUNCIL - WASTEWATER 33844 12/13/2017 53,615.86
10940 MIDWEST ASPHALT CORPORATION 33845 12/13/2017 12.60
12131 MINNEAPOLIS CONCRETE PRODUCTS 33846 12/13/2017 270.00
10975 MINNESOTA CHIEFS OF POLICE 33847 12/13/2017 319.00
11024 MINNESOTA CITY COUNTY MGMT ASSOC.33848 12/13/2017 185.00
11031 MINNESOTA DEPT OF AGRICULTURE 33849 12/13/2017 25.00
11032 MINNESOTA DEPT OF HEALTH 33850 12/13/2017 3,691.00
11061 MORRELL ENTERPRISES, LP 33851 12/13/2017 433.80
12374 NEOFUNDS BY NEOPOST 33852 12/13/2017 700.00
1051 NEW FRANCE WINE COMPANY 33853 12/13/2017 2,046.00
11163 OFFICE DEPOT 33854 12/13/2017 68.05
11185 PACE ANALYTICAL SERVICES, INC.33855 12/13/2017 393.50
1012 PAUSTIS & SONS 33856 12/13/2017 2,495.84
1001 PHILLIPS WINE & SPIRITS 33857 12/13/2017 5,731.44
1002 PHILLIPS WINE & SPIRITS 33858 12/13/2017 4,882.32
12577 PIERCE, DOUGLAS 33859 12/13/2017 204.75
12447 PMG 56 LLC MN SERIES 33860 12/13/2017 205.96
11241 POSTMASTER - MPLS BMEU 33861 12/13/2017 1,725.00
11246 PRAXAIR 33862 12/13/2017 41.26
12008 PREMIER LIGHTING 33863 12/13/2017 4,077.50
11990 PUSH PEDAL PULL 33864 12/13/2017 3,629.69
12419 REPUBLIC SERVICES 33865 12/13/2017 342.60
11343 ROSEDALE CHEVROLET 33866 12/13/2017 444.72
11345 ROSEVILLE CHRYSLER DODGE 33867 12/13/2017 686.04
12469 RYAN CONTRACTING COMPANY 33868 12/13/2017 439,277.57
11399 SHI INTERNATIONAL CORPORATION.33869 12/13/2017 4,309.00
12346 SHRED IT 33870 12/13/2017 33.00
11412 SIMPLEXGRINNELL 33871 12/13/2017 2,437.28
1024 SOUTHERN GLAZER'S OF MN 33872 12/13/2017 4,030.41
1008 SOUTHERN GLAZER'S OF MN 33873 12/13/2017 1,151.36
1026 SOUTHERN GLAZER'S OF MN 33874 12/13/2017 13,996.29
11457 ST ANTHONY VILLAGE CENTER, LLC 33875 12/13/2017 2,229.56
11513 SULLIVAN, TOM 33876 12/13/2017 125.00
11529 SWEEPER SERVICES 33877 12/13/2017 180.75
11566 TIMESAVER OFF SITE SECRETARIAL 33878 12/13/2017 461.80
11586 TRACY PRINTING 33879 12/13/2017 966.00
12578 TRAUT COMPANIES 33880 12/13/2017 5,800.00
1040 TRUE BRANDS INC 33881 12/13/2017 59.88
2007 URBAN GROWLER 33882 12/13/2017 264.00
11674 VERIZON WIRELESS 33883 12/13/2017 1,032.53
1025 VINOCOPIA 33884 12/13/2017 168.33
12
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 11/28/2017 - 12/13/2017 Dec 06, 2017 10:46AM
Vendor Number Payee Check Number Check Issue Date Amount
12418 WALTERS RECYCLING AND REFUSE INC 33885 12/13/2017 1,527.86
12420 WASTE MANAGEMENT 33886 12/13/2017 370.44
11704 WASTE MANAGEMENT OF WI-MN 33887 12/13/2017 454.04
1034 WINE COMPANY/THE 33888 12/13/2017 1,464.40
1038 WINE MERCHANTS INC 33889 12/13/2017 1,835.78
12389 WORK STRATEGIES 33890 12/13/2017 720.00
11735 WORLDPOINT ECC, INC.33891 12/13/2017 227.95
11738 WSB & ASSOCIATES, INC.33892 12/13/2017 64,922.25
11937 YUNKER, CHARLIE 33893 12/13/2017 255.86
6540 Z WINES USA LLC 33894 12/13/2017 145.00
12576 ZEPEDA, CHRISTIAN 33895 12/13/2017 300.00
Grand Totals: 828,126.40
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CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 17-081
A RESOLUTION APPROVING 2018 SALARY OF
MARK CASEY, ST. ANTHONY VILLAGE CITY MANAGER
WHEREAS, the City of St. Anthony Village employs Mark Casey as its City Manager;
and
WHEREAS, the City Council and City Manager have agreed to a 2018 salary of
$155,000.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village hereby authorizes an annual salary of $155,000 for City Manager Mark
Casey, effective January 1, 2018.
Adopted this 12th day of December, 2017.
_____________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Mark Casey, City Manager
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 17-082
A RESOLUTION AUTHORIZING TRANSFERS AND CLOSING OF SPECIFIED FUNDS
WHEREAS, each year staff budgets certain operating and debt service transfers between
funds; and
WHEREAS, each year, staff evaluates existing funds and identifies those funds in which all
activity has concluded and obligations have been satisfied; and
WHEREAS, Capital Projects should be closed when all activity has concluded; any residual
money and all assets should be transferred to the associated debt service fund or
a capital project fund reserved for public projects and if a deficit exist, funding
must be provided.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of St. Anthony here
approves the transfer of any funds noted, but subject to closing adjustments as needed:
From Fund Amount To Fund
Capital and Operating Transfers:
General Annual Rent (101)$85,890 Community Center (601)
General Fund (101)$86,300 Severance Fund (901)
Revolving Improvement Fund (509)$90,000 Capital Equipment (401)
Revolving Improvement Fund (509)$370,000 General (101)
Community Center (601)$85,890 Building Imp. Fund (510)
Liquor (705)$249,060 General (101)
Debt Service Transfers:
Walmart TIF Improvement (330)$306,163 2006 TIF Revenue Bond (335)
Walmart TIF Improvement (330)$268,875 2007 TIF Revenue Bond (336)
Revolving Improvement Fund (509)$81,000 Road Imp. Debt Service (503)
Revolving Improvement Fund (509)$4,000 Road Imp. Debt Service (516)
Stormwater Utility Fund (706)$31,000 Road Imp. Debt Service (503)
Stormwater Utility Fund (706)$4,000 Road Imp. Debt Service (516)
Stormwater Utility Fund (706)$52,000 Road Imp. Debt Service (520)
Stormwater Utility Fund (706)$34,000 Road Imp. Debt Service (522)
Stormwater Utility Fund (706)$29,000 Road Imp. Debt Service (524)
Closing Transfers:
2014 Street Improvement Fund (521)$2,200 2014 Street Debt Service Fund (522)
2015 Street Improvement Fund (523) $149,000 2015 Street Debt Service Fund (524)
$1,928,378
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Adopted this 12th day of December, 2017.
______________________________
Jerome O. Faust, Mayor
ATTEST: ______________________________
Nicole Miller, City Clerk
Reviewed for Administration: ______________________________
Mark Casey, City Manager
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City of St. AnthonyInterfund Transfers12/31/17FUNDTRANSFER OUT101 335 336 401 503 510 516 520 522 524 601 901 TotalMo10185,890 85,890 85,890 Rent Transfer to Community Center Fund Mo10186,300 86,300 86,300 Approved as Part of the 2016 General Fund Budget Jul/330306,163 306,163 306,163 Annual Transfer TIF District #3-5 Revenue to Debt Fund #335 Jul/330268,875 268,875 268,875 Annual Transfer TIF District #3-5 Revenue to Debt Fund #336Jan50985,000 81,000 4,000 85,000 Transfer in accordance with Debt Levy Reduction PlanJan50990,000 90,000 90,000 Annual Transfer to Capital Equipment FundMo509370,000 370,000 370,000 Reserves transfer to General FundMo5212,200 2,200 2,200 Transfer to Close Improvement fund balance to Debt Fund Mo523149,000 149,000 149,000 Transfer to Close Improvement fund balance to Debt Fund 60185,890 85,890 85,890 Annual transfer to Building Improvement fund705249,060 249,060 249,060 Liquor transfer to General Fund706150,000 31,000 4,000 52,000 34,000 29,000 150,000 Transfer in accordance with Debt Levy Reduction Plan 1,928,378 619,060 306,163 268,875 90,000 81,000 85,890 4,000 52,000 2,200 149,000 85,890 86,300 1,928,378 575,038.00TRANSFER IN19
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M E M O R A N D U M
DATE: December 12, 2017
TO: Mark Casey, City Manager
FROM: Shelly Rueckert, Finance Director
ITEM: 2018 Final Levy / General Fund Budget
At the September 12th City Council meeting a public hearing was held setting the preliminary
2018 property tax levy and the 2018 General Fund Budget.
City Staff is reaffirming the preliminary 2018 property tax levy established at $6,850,011. The
2018 levy represents an increase of $399,226 or a 6.19% increase from 2017.
The components of the 2018 Final property tax levy are as follows:
The standard parameters for preparing the General Fund Budget and Levy include:
City revenues budgeted using current run rates for sources that are subject to trends and
conservative baseline estimates for re-occurring aids and charges for services.
Expenses budgeted at amounts that will maintain present level of City services.
Liquor transfers are based on expected operating results.
The General Fund Budget and Levy cost drivers are as follows
Each year the General Fund revenue and expenditure budget line items are examined for
changes in expected collections/charges, labor adjustments, changes in contract rates,
insurance rates, utility costs, usage of various materials or needs, etc. The findings of this
examination produce the drivers associated with the proposed 11.25% increase in the General
Fund Levy - see below:
2017 $ Change 2018 % Change
General Fund 3,573,493$ 402,041 3,975,534$ 11.25%
HRA 157,800 4,734 162,534 3.00%
CIP 233,200 ‐ 233,200 0.00%
Road Improvement Debt 1,827,208 6,223 1,833,431 0.34%
Lease Revenue Bonds 361,207 (16,325) 344,882 ‐4.52%
Tax Abatement 224,877 2,553 227,430 1.14%
Building Improvement Fund 73,000 ‐ 73,000 0.00%
Total 6,450,785$ 399,226$ 6,850,011$ 6.19%
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Personnel costs - 71% of expenditures, overall costs are down $228,877 or 4.51%
The Unions wage increases at the 2018 contracts amounts.
Health Insurance premium increase of 9% is shared 50/50 by City and the Union
and Non-union employees Consistent with the Union contracts.
Union Longevity and Step increases
Reflects the reduction of three police officer positions and absorbing the cost
sharing of supervisory positions previously funded by the Falcon Heights police
contract.
Contracted services - 8% of expenditures, overall decrease of $33,189
Public Works Miscellaneous contract costs lower by $10,334
Contracted planning costs shared with HRA Fund reducing General Fund cost by
$14,925
School district portion of Ramsey County Elections contracted services billed
directly to School district in 2018 – $4,037
Other Insurance costs – 3.5% of expenditures, overall costs lower by $18,858 or 7.38%
Property, casualty and liability costs increased by 2%
Worker’s compensation costs decreased by 16%
Pass through costs – 5.5% of expenditures, up $11,905 or 3.37%, in turn certain revenues
increase
Higher gasoline costs / Higher gasoline reimbursements
Higher Permits / Higher Building inspection fees
Remaining budget line items - 12% of expenditures or $851,078, net cost up $12,171 or
1.45%
Transfer of Liquor operating profits reduced by $50,000 in 2018 to maintain sufficient
working capital within the Liquor fund.
Reduction in Charges for Services of $653,772 substantially represented by the
termination of the police services contract with the City of Falcon Heights.
For the 2017 levy process the future costs associated with the officer involved shooting
were not included into the 2017 levy. During 2016 these costs were paid by the General
Fund. The 2016 General Fund ending fund balance was within the City’s targeted fund
balance range. Costs associated with the officer involved shooting in 2017 were again
paid by the General Fund. A transfer of $370,000 of capital fund reserves has been
included in the proposed year-end transfers to maintain the general fund balance at 35%.
The 2018 Levy does not include any further costs associated with the officer involved
shooting.
The HRA Budget and Levy cost driver is substantially personnel costs. Therefore the proposed
Levy increase for the HRA is 3.00% or $4,734.
The 2018 Debt Related Levies are proposed to decrease by $7,549 over the 2017 combined
levies. A debt levy reduction program (Peak to Plateau) began in 2014 to stabilize the annual
increase in levies created by the annual street reconstruction plan. Without the use of resources
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committed to this program the impact of 2018 street bonds issued along with existing debt
service requirements would have required an additional 6.19% increase in the overall Levy
For 2018, the median taxable valuation in St. Anthony is $274,000, an increase of 5.38% over
2017. Based on the median valuation of $274,000, the “City Portion” of property taxes totals
$1,781.73. A breakdown of the taxes is as follows:
General Fund Budget $1,059.19
Road Improvements 488.48
Public Facilities 91.89
Capital Improvements 81.58
Tax Abatement 60.59
Total $1,781.73
To help offset the cost of operations and capital equipment, Staff seeks Grants and Donations
from Federal, State and private sources.
Recently accepted Grants include:
• Ramsey County Emergency Management (Fire Department) - $7,733
• Hennepin County Recycling Grant - $18,989
• Ramsey County, Mirror Lake dredging - $8,960
• Gloria Wiese (Police and Fire) - $1,000
• US Department of Justice, Police Body Camera grant - $40,500
• Estate of John D. MacQueen (Police Department) - $100,000
At tonight’s Council meeting a resolution needs to be passed adopting the 2018 budgets and
certifying the final tax levy to Hennepin and Ramsey Counties.
Recommendation
Staff recommends that Council approves resolution 17-xxx; Adopting the 2018 Budget
document and certifying the final Property Tax Levy to Hennepin and Ramsey Counties
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2018
Proposed Budget
December 12, 2017
2018 Budget Calendar
•January 19 & 20, 2017: Goal Setting, Financial Management
and Planning.
•May 9, 2017: Public Hearing/Provide Residents with an
opportunity to have input in the Budget process.
•May -June:Staff Meetings with Department Heads –
Discussion on 2018 Operating Budget and evaluating 5-Year
Capital Equipment needs.
•May 30, 2017 : Debt Levy Planning work session.
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2018 Budget Calendar
August 22, 2017: Presentation of Proposed 2018 Budget &
Property Tax Levy to the City Council
September 12, 2017 : Public Hearing to pass resolution
setting the Preliminary 2018 Budget and Property Tax Levy
December 12, 2017 (tonight’s meeting): Public Hearing
◦Approving the Final 2018 Budget and Property Tax Levy
◦Adoption of 2018 Budget and Property Tax Levy
2018 Budget Parameters
City revenues are budgeted at current run rates for
sources that are subject to trends and conservative
baseline estimates for re-occurring aids and charges
for services
Expenses are budgeted at amounts that will
maintain present level of City services
Liquor transfers are based on expected operating
results
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2018 Budget Parameters
The 2018 levy does not include any further costs
associated with the officer involved shooting.
During 2016 and 2017 these costs were paid by the
General Fund. A transfer of $370,000 of capital fund
reserves has been included in the year-end transfers
to maintain the General Fund balance at 35%.
The capital fund reserves will be replenished over
time.
General Fund and Levy
2017 2018 Increase
(Decrease)
General/HRA $3,731,293 $4,138,068 $406,775
Debt Service $2,413,292 $2,405,743 ($7,549)
Capital/Building
Improvements $306,200 $306,200 $0
Overall Levy $6,450,785 $6,850,011 $399,226
Total Percent Change 6.19%
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Overall Levy by Fund Type
General &
HRA
Operating
60%
Debt Service,
35%
Capital &
Building
Improvements
5%
2018 General Fund Revenues
Tax Levy
61%Licenses and
Permits
4%
Intergovernmental
Revenue
13%
Contracts
14%
Fines
1%
Miscellaneous
4%
Transfers
3%
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2018 General Fund Expenditures
Administration,
8%
Finance, 5%
Police, 46%
Fire, 17%
Public Works,
14%
Parks, 4%
All Other, 6%
2018 Budget-Cost Drivers
Personnel costs: 71% of expenditures,overall
costs down $228,877 or 4.51%
Union wage adjustments based on union
contracts
9% Health Insurance premium increase shared
50% Employee/Employer
Reflects the reduction of three police officers
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2018 Budget-Cost Drivers
Contracted services: 8% of expenditures, overall costs
down $33,189
Property and liability insurance costs: 3.5% of
expenditures, overall lower by $18,858 or 7.38%
Pass through costs: 5.5% of expenditures, costs up
$11,905 or 3.37%
Remaining budget line items combined total
$851,078 or 12% of expenditures, net costs up $12,171
or 1.45%
2018 Budget-Cost Drivers
Revenue Reductions
Transfer of Liquor operating profits reduced
by $50,000.
Reduction in Charges for Services of $653,772
substantially represented by the termination of
the police services contract with the City of
Falcon Heights.
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Property Taxes 2018
Category Amount
County $1,128.65
City $1,781.73
School $1,700.59
Other Districts 325.22
Total $4,936.19
•Median Single Family Home Value of $274,000
2017 Property Tax Distribution
7%
Parks
HRA
36%
34%
23%
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Distribution of City Taxes
Category Amount
General Fund Levy $1,059.19
Roads $488.48
Public Facilities $91.89
Capital Improvements $81.58
Tax Abatement $60.59
Total $1,781.73
•Median Single Family Home Value of $274,000
General Fund Supports City Services
$417.60
$95.44
$140.51
$235.27
$64.31
$37.15
$68.91
$1,059.19 -annually
$88.27-monthly
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Issuance of 2017A G.O. Bonds
Issued 2017A Equipment Certificate -$520,000
◦New Fire Engine (replacing 1985 Engine 13)
Issued 2017A Refunding 2009A Bonds -
$2,190,000
◦Reduction in Interest rate yielded a net present value
benefit $175,468
Issuance of 2017A G.O. Bonds
2017A Street & Utilities Improvement -
$2,600,000
◦Penrod Lane, Skycroft Dr. to 36th Ave.
◦Skycroft Drive, Penrod Ln. to Maplewood Dr.
◦Chelmsford Road, Maplewood Dr. to 36th Ave.
◦Maplewood Drive, Skycroft Dr. to Highcrest Rd.
Average Homeowner pays $51.41 monthly for road,
utility, parks and facility improvements
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Pre-levy relief: 6.98% increase
With debt levy relief: 0.12% decrease
Impact of Debt Levy Relief
1,250,000
1,750,000
2,250,000
2,750,000
3,250,000
3,750,000
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035
Total Debt Levy before reduction
Total Debt Levy after
reduction
Grants/Donations –Partnerships
Since 1999 to date:
◦City has received $31,832,182
Grants
Donations from local businesses/residents
$3,551 per resident (Based on population of 8,965)
Partnerships:
City of Birchwood Village
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Summary of 2018 Budget
General fund operating budget totals $6,844,116
Personnel costs represent 71% of General Fund
expenditures:
◦Costs down $228,877 or 4.51%
◦Reduction in Police officers from 23 to 20
Balance of General Fund expenditures down $27,971 or
1.38%
Reduction in liquor transfer -$50,000
No changes to Capital Funds levies
Increase in all levies totals $399,266 or 6.19%
QUESTIONS?
Call Finance Director: Shelly Rueckert (612) 782-3316
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 17-083
A RESOLUTION SETTING THE FINAL 2018 TAX LEVY AND ADOPTING THE 2018
BUDGET DOCUMENT FOR THE CITY OF ST. ANTHONY VILLAGE
WHEREAS, Minnesota State Law requires that the City of St. Anthony Village provide Hennepin and
Ramsey Counties with a final 2018 certified property tax levy and
WHEREAS, the City Council discussed key financial issues and budgeting goals at the January 2017,
goal setting session, held a public meeting on May 9, 2017 for input on the budget process,
reviewed the 2018 Road Improvement and Debt Levy planning at the May 30, 2017 work
session, public meetings were held August 22, 2017 and September 12, 2017 for public
input on the 2018 budget and property tax levy, the 2018-2034 Capital improvement
Budgets were reviewed at the October 30, 2017 work session,
WHEREAS, the allowed Debt Levies will be reduced by $526,880; and
WHEREAS, The City Council held the required Truth in Taxation meeting on Tuesday, December 12,
2017, 7:00 P.M. in its Council Chambers, to discuss the 2018 budget and property tax levy
with the residents of St. Anthony Village; and
WHEREAS, the information required for the City Council to determine a Final 2018 property tax levy
has been collected
NOW, THEREFORE, BE IT RESOLVED that:
1) The Final 2018 Property Tax Levy is:
General Operating Levy $3,975,534
Capital Improvement Project Levy $ 233,200
Road Improvement Levy $1,833,431
Lease Revenue Bonds $ 344,882
Housing and Redevelopment Authority Levy $ 162,534
Tax Abatement Levy $ 227,430
Building Improvement Levy $ 73,000
Total $6,850,011
2) The budgets included in the 2018 Budget document will be adopted as the final fund budgets.
Adopted this 12th day of December, 2017.
_________________________________
Jerome O. Faust, Mayor
ATTEST: _________________________
Nicole Miller, City Clerk
Reviewed for administration: _________________________________
Mark Casey, City Manager
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3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
Office: (612) 782-3301 • Fax: (612) 782-3302 • www.ci.saint-anthony.mn.us
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on December 12, 2017 at 7:00 p.m. at City Hall, 3301 Silver Lake Road the
Saint Anthony Village City Council will hold a public hearing regarding the 2018 City & HRA Budgets and
Final Levy Certification.
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. If you have any questions, please contact the Finance Director at 612‐782‐3316.
Shelly Rueckert
Finance Director
Published: November 29, 2017
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: December 12, 2017
Resolution-Approval Combination Wine/Strong Beer License for Wine and Canvas, located at
2900 Pentagon Drive.
OVERVIEW:
In front of you this evening is a resolution to approve a combination Wine/Strong Beer License for
Wine and Canvas located at 2900 Pentagon Drive.
The license in front of you this evening is for the new owner that will be taking over Wine and Canvas.
Staff has completed background checks on the new business owners and completed a check on the
existing Wine and Canvas located in St. Anthony, MN. Staff is recommending approving the
Wine/Strong Beer License.
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 17-084
A RESOLUTION APPROVING COMBINATION WINE/STRONG BEER LICENSE
FOR WINE AND CANVAS LOCATED AT 2900 PENTAGON DRIVE.
WHEREAS, the applicant’s filed a completed application for a Wine/Strong Beer License
for 2900 Pentagon Drive on November 27, 2017; and
WHEREAS, the current license holder of Wine and Canvas (WNC of Minneapolis 2, LLC)
closed the business on October 31, 2017; and
WHEREAS, the new applicants anticipate opening on January 1, 2018, keeping the same
name of Wine and Canvas (WNC Minneapolis, LLC.); and
WHEREAS, Staff recommends approval of a Wine/Strong Beer License for Wine and
Canvas (WNC Minneapolis, LLC.) at 2900 Pentagon Drive.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saint
Anthony Village hereby approves Combination Wine/Strong Beer License for Wine and
Canvas located at 2900 Pentagon Drive.
Adopted this 12th day December, 2017.
____________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ____________________________
Mark Casey, City Manager
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701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800
Building a legacy – your legacy.
Equal Opportunity Employer | wsbeng.com
K:\010507-000\Admin\Resolutions\LTR-hmcc-120517.docx
December 5, 2017
Honorable Mayor, City Council and Staff
c/o Mark Casey, City Manager
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony, MN 55418
Re: Resolution Approving Plans and Specifications and Ordering Advertisement for Bids
2018 Street and Utility Improvement Project
St. Anthony Village, MN
WSB Project No. 10507-000
Dear Honorable Mayor, City Council, and Staff:
Following this letter is a resolution for your consideration at the December 12, 2017, City Council Meeting.
The resolution for your consideration approves the plans and specifications and authorizes the
advertisement for bids for the 2018 Street and Utility Improvement Project.
We anticipate opening bids on or near January 17, 2018, and bringing the bid results to Council in
February.
I will be available to answer your questions at your December 12, 2017, Council Meeting, or you may call
me at (763) 287-7182.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, PE
City Engineer
Attachments
kak
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2018 Street & Utility
Improvement Project
City Council Meeting
December 12, 2017
Remaining Reconstruction
Projects
Method for Selection
1.Flood Relief Effort
2.Existing Utility Deterioration
3.Pavement Condition
4.Adjacent Infrastructure Replacement
(Construction Phasing)
45
Project Location
Macalaster Drive
(37th Ave NE to RR tracks)
Foss Road
(37th Ave NE to Chandler Dr)
Highcrest Road
(north of 37th Ave NE)
Sanitary Sewer System Improvements
46
Water System Improvements
Drainage System Improvements
47
Street Improvements
Street Improvements
48
Street Improvements
Total Parking Stalls: 49
Street Improvements
49
Erosion Improvements
Erosion Improvements Location
Erosion Improvements
50
Central Park Water Reuse Retrofit
Project Costs / Funding Breakdown
2018 STREET AND UTILITY IMPROVEMENT PROJECT
City of Saint Anthony Village, Minnesota
Project Costs and Proposed Funding
Proposed Improvements Special
Assessments
City
Costs Total
Street Reconstruction $510,500 $857,600 $1,368,100
Sanitary Sewer Improvements $0 $275,600 $275,600
Water Main Improvements (1)$84,700 $435,900 $520,600
Storm Sewer Improvements (2)$140,500 $180,500 $321,000
Backyard Drainage Improvements $10,600 $3,000 $13,600
Central Park Water Reuse $0 $173,600 $173,600
Total **$746,300 $1,926,200 $2,675,500
1. Replacement of curb stops are assessed 100% of the actual cost.
2. Local drainage improvements.
**This project anticipates issuing 429 public improvement bonds or general obligation bonds.
the difference to be paid from Sanitary Sewer, Water, and Storm Water Utility Funds.
51
Assessed Parcels
•Council Authorize Feasibility June 13,2017
(1st of 8 meetings)
•Council Accept Feasibility August 22, 2017
(2nd of 8 meetings)
•1st Public Info Meeting September 13, 2017
(3rd of 8 meetings)
•2nd Public Info Meeting November 29, 2017
(4th of 8 meetings)
•Council Approve Plans December 12, 2017
(5th of 8 meetings)
•Receive Bids/Compute Assessments January 2018
(6th of 8 meetings)
Project Schedule
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Project Schedule –cont’d
•3rd Public Info Meeting March 2018
(7th of 8 meetings)
•Public Hearing/Award Contract March 2018
(8th of 8 meetings)
•Award Sale of Bonds April 2018
•Begin Construction (After Memorial Day)May/June 2018
•Substantial Completion September 2018
•Final Paving June 2019
Email / Text Notifications
Sign up to receive weekly email updates
and notifications regarding the
2018 Street & Utility Improvement Project
by visiting the project webpage
located under the tab
on the City’s website at
http://www.savmn.com
53
Questions
54
S:\1Council Meetings\2017\12122017\Resolution 17-085 - Accept Plans.docx
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 17-085
A RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS FOR THE
2018 STREET AND UTILITY IMPROVEMENTS
WHEREAS, the engineering firm of WSB & Associates, Inc. has prepared plans and specifications for the
improvement of:
Street & Utility Reconstruction
MacAlaster Drive NE from 37th Avenue NE to the railroad right of way
Foss Road from 37th Avenue NE to Chandler Drive NE
Highcrest Road NE north of 37th Avenue NE
Backyard Drainage Improvements
Drainage from the parking lot serving the apartments located at 3727 Foss Road,
3721 Foss Road, and 3713 Foss Road outletting to Mirror Lake.
Water Reuse Retrofit
Central Park Splash Pad
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1.) Such improvements are necessary, cost-effective, and feasible.
2.) Such plans and specifications are hereby approved.
3.) The consulting engineering firm shall prepare and cause to be inserted in the official paper and in the
Finance and Commerce, an advertisement for bids upon the making of such improvements under such
approved plans and specifications. The advertisement shall be published for two times, shall specify the
work to be done, shall state that bids will be opened on or about January 17, 2018, and bids will be
considered by the City Council. Any bidder whose responsibility is questioned during consideration of
the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be
considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier’s check,
bid bond, or certified check payable to the City of St. Anthony Village for Five (5%) percent of the
amount of such bid.
Adopted this 12th day of December, 2017.
_____________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Mark Casey, City Manager
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 17-086
A RESOLUTION APPROVING THE 2018 APPOINTMENTS AND APPOINTING THE
CHAIR AND VICE CHAIR TO THE PLANNING COMMISSION
WHEREAS, the City Council conducted interviews for the 2018 appointments to the Planning
Commission; and
WHEREAS, the City Council recommended appointing _____ and _____ to the Planning
Commission beginning January 1, 2018 for a three year term; and
WHEREAS, in accordance with St. Anthony City Code §32.07, Planning Commission Bylaws,
the City Council recommends appointing Dominic Papatola as Chair and Mark
Kalar as Vice Chair for the Planning Commission for 2018.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
Village hereby appoints ______ and ______ for 3 year terms and Dominic Papatola as Chair and
Mark Kalar as Vice Chair for the Planning Commission for 2018.
Adopted this 12th day of December, 2017.
_________________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Mark Casey, City Manager
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CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 17-087
A RESOLUTION APPROVING THE 2018 APPOINTMENTS FOR THE
CHAIR AND VICE CHAIR TO THE PARKS COMMISSION
WHEREAS, in accordance with St. Anthony City Code §32.26, Appointing of the Chair and
Vice Chair the City Council appoints Scott Bentz as Chair and Erin Jordahl
Redlin as Vice Chair of the Parks Commission for 2018.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
Village hereby appoints Scott Bentz as Chair and Erin Jordahl Redlin as Vice Chair for the Parks
Commission for 2018.
Adopted this 12th day of December, 2017.
_____________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Mark Casey, City Manager
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: December 12, 2017
Ordinance 2017-04 – Setting Sewer, Water and Storm Water charges for 2018
OVERVIEW:
In front of you this evening is the third and final reading of an ordinance to set sewer, water and storm
water charges for 2018.
Following the adoption of the ordinance, the ordinance will be published in the December 20, 2017
edition of the St. Anthony Bulletin, which is the official newspaper for the City of St. Anthony.
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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.
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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$
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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$
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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
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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%
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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
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CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
ORDINANCE NO. 2017-04
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
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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
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: December 12, 2017
Ordinance 2017-05 – Amending Chapter 96 Right of Way Management
OVERVIEW:
In front of you this evening is the third and final reading to amend Chapter 96 Right of Way
Management, along with a resolution approving summary publication of the ordinance. Minnesota
Statute 412.191 (4) allows for summary publications in cases where the ordinance publications are
lengthy, or ordinances include charts or maps.
Following the adoption of the ordinance, and the summary publication, the summary of the ordinance
will be published in the December 20, 2017, edition of the St. Anthony Bulletin, which is the official
newspaper for the City of St. Anthony.
For those interested in viewing the entire ordinance please contact Nicole Miller, City Clerk at
nicole.miler@savmn.com or 612-782-3313.
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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)
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CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
ORDINANCE NO. 2017-05
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.
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Right-of-Way Management 51
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
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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.
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Right-of-Way Management 53
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
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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.
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Right-of-Way Management 55
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,
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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;
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(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
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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.
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§ 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
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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
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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
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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;
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(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
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(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.
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(C)
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(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
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(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)
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§ 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.
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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.
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(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
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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.
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(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
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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:
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(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;
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(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;
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(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
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(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
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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,
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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)
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§ 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.
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(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
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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.
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(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
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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;
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Right-of-Way Management 85
(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
110
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
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1
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 17-088
A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2017-05
WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance
concerning Chapter 96 Right of Way Management; and
WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the
case of lengthy ordinances or those containing maps or charts; and
WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent
of Ordinance 2017-05.
NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2017-05 shall be
published in the official paper in lieu of the entire ordinance.
SUMMARY PUBLICATION
Ordinance 2017-05
An Ordinance Amending Multiple Sections in Chapter 96 Right of Way Management
The City Council of the City of St. Anthony adopted Ordinance 2017-05 on December 12, 2017, amending
multiple sections of Chapter 96 Right of Way Management.
The amended ordinance elements include:
Allow for small cell facilities, per state statute.
Provide a permit and agreement process for such facilities.
Provide guidelines and standards for the facilities.
Establish a fee for the installation of small cell facilities, per state statute.
The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St.
Anthony, MN 55418.
Adopted this 12th day of December, 2017.
_________________________________
Jerome O. Faust, Mayor
ATTEST: _________________________
Nicole Miller, City Clerk
Reviewed for administration: _________________________________
Mark Casey, City Manager
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: December 12, 2017
Resolution-Approving the 2018 Fee Schedule
OVERVIEW:
In front of you this evening is a resolution to approve the proposed 2018 Fee Schedule. Staff has
reviewed the entire fee schedule and recommends the changes noted in the proposed schedule.
Changes include:
Addition of Solar Electrical permit fees.
Increase of Right of Way permit registration fee.
Addition of Small Cell Right Rent and monthly electrical fee.
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City of St. Anthony Village
3301 Silver Lake Road
St. Anthony, Minnesota 55418
FEE SCHEDULE
2018
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1
Table of Contents
General Construction
Building .................................................................................................. 1
Electrical ................................................................................................. 2
Mechanical ............................................................................................. 3
Miscellaneous ........................................................................................ 3
Plumbing ............................................................................................ 3 4
Manufactured Home/Accessory Installation Permit ............................... 4
Land Use Applications .................................................................................. 4
Licenses ........................................................................................................... 5
Miscellaneous Fees ........................................................................................ 6
Park Contributions ............................................................................... 6
Right of Way .......................................................................................... 7
Utilities
Fire Control Devices ............................................................................. 7
Irrigation Rates ...................................................................................... 7
Sewer Rates ............................................................................................ 7
Storm water Facilities Rates ................................................................ 7
Water Meters ......................................................................................... 7
Water Rates ............................................................................................ 8
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GENERAL CONSTRUCTION
BUILDING PERMITS FEES:
Total Valuation
Amount
$1 to $500
$29.50
$501 to $2,000
$28 for the first $500 plus $3.70/additional $100 or fraction thereof, to
including $2,000
$2,001 to $25,000
$83.50 for the first $2,000 plus $16.55/additional $1,000 or fraction
thereof, to including $25,000
$25,001 to $50,000
$464.15 for the first $25,000 plus $12.00/additional $1,000 or fraction
thereof, to including $50,000
$50,001 to $100,000
$764.15 for the first $50,000 plus $8.45/additional $1,000 or fraction
thereof, to including $100,000
$100,001 to $500,000
$1,186.65 for the first $100,000 plus $6.75/additional $1,000 or fraction
thereof, to including $500,000
$500,001 to $1,000,000
$3,886.65 for the first $500,000 plus $5.50/additional $1,000 or fraction thereof, to
including $1,000,000
$1,000,001 and up
$6,636.65 for the first $1,000,000 plus $4.50/additional $1,000 or fraction thereof
Inspections outside of normal business hours
(minimum charge, 2 hours)
$65.00 per hour
(or the total hourly cost to the jurisdiction, which is the greatest.
This cost shall include supervision, overhead, equipment, hourly
wages, and fringe benefits of the employees involved.)
Re-inspection; fees assessed under provisions
of §32.08
$65.00 per hour
Inspections for which no fee is specifically
indicated (minimum charge, 1/2 hour)
$65.00 per hour
Additional plan review required by changes,
additions, or revisions to plans (minimum
charge, 1/2 hour)
$65.00 per hour
For use of outside consultants for plan
checking and inspections, or both
Actual costs
(including administrative and overhead costs)
Notes to Table:
A plan review fee of 65% of the permit fee will be charged for building permits which requires the submittal of
plans.
Fees for similar plans will be charged in accordance with provisions of MN Rules, Chapter 1300.0160, subd. 5.
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ELECTRICAL PERMITS FEES:
Purpose of Fee: Description Amount
Residential or Commercial
Building or Garage
Electrical panel change out, repair or service
upgrade
Up to 300 amps $50.00
400 amps $58.00
For each additional 100 amps add $14.00
Reconnected circuits Charge for each $3.00
Residential or Commercial
Building or Garage
New circuits or reconnected circuits spliced
outside of electric panel are at full fee
Charge for each up to 30 amps $8.00
Charge for each up to 100 amps $10.00
For each additional 100 amps add $5.00
New Home
New Single Family Residence or Building Remodel
up to 200 amps and 30 circuits used or less -
includes a maximum of 3 inspection trips
(There is no maximum fee if the service is larger than 200
amps)
$150.00
All Remodel Projects
Single Family Residence or Building Remodel
Total costs equals required number of inspections trips multiplied by
$35 each or the total cost of the circuits being used whichever is greater,
but not both.
Multi-Family Dwelling with 3 or more Units
Each housing unit - up to 200 amps with a
meter bank application and 20 circuits or less.
$70.00
Additional inspection trip $35.00
House Wiring and service is separate. Above
fees apply.
Transformers
0 -10 kilovolt-amperes $10.00
11 - 76 kilovolt-amperes $40.00
over 76 kilovolt - amperes $80.00
Retro fit lighting
(ballast & lamps only; new fixture is per
circuit fee)
for the first 10 fixtures $10.00
each additional fixture $0.65
Sign Transformer $8.00
Solar PV Systems-The inspection fee for the
installation is as follows (plan review fee is
$100.00 per hour)
0 watts to and including 5,000 watts $90.00
5,001 watts to and including 10,000 watts $150.00
10,001 watts to and including 20,000 watts $225.00
20,001 watts to and including 30,000 watts $300.00
30,001 watts to and including 40,000 watts $375.00
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3
40,001 watts to and including 1,000,000 watts
$375.00 & $40 for
each additional
10,000 watts over
40,000 watts
1,000,000 watts to 5,000,000 watts
$3975 & $25 for each
additional 10,000
watts over 1,000,000
watts
5,000,000 watts and larger
$12,975 & $15 for
each additional
10,000 watts over
5,000,000 watts
Swimming Pools per trip plus circuit fees $50.00
Street Lights and lot lights per pole $4.00
Traffic Signals per standard $7.00
Remote Control, Signal,
fire alarm & energy management
for the first 10 devices $10.00
for each additional device $0.65
MECHANICAL PERMIT:
Purpose of Fee
Amount
Residential (R-1, R-1A, and R-2)
Each dwelling unit (new construction)
$150
Other (furnace, gas range, gas dryer, hot water heater, air
conditioner, gas piping, duct work, and the like)
$30
Commercial, light industrial, and multi-family (C, LI, R-3,and R-4)
All
3% of contract price
Add $20 Administrative fee and $1.00 surcharge to all permits
NOTES TO TABLE:
The minimum permit fee for commercial, industrial, institutional, or business occupancies is $20 plus state
permit fee surcharge.
MISCELLANEOUS PERMIT:
Permit Amount
Antennas, disk antennas and towers Per Building Permit Fee Schedule
Demolition Permit $50 Residential
$75 Commercial
Driveway/Sidewalk $75
Fence $75
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4
Public Safety $20
Solar $50 plus 1.25% of total valuation
Zoning Permit $75
PLUMBING PERMIT:
Residential (R-1, R-1A, and R-2)
First bath $100
Each additional bath $35
3/4 bath $35
1/2 bath $20
Laundry $20
Water softener $20
Other $30
Commercial, Light Industrial, and Multi-Family (C, LI, R-3, and R-4)
All 3% of contract price
Lawn sprinklers, residential $20
Lawn sprinklers, commercial $30
Add $20 Administrative fee and $1.00 surcharge to all permits
MANUFACTURED HOME/ACCESSORY INSTALLATION PERMIT:
Permit Amount
Single Wide $79
Double Wide $95
Each Additional 1’ Width $16
Add $20 Administrative fee and $1.00 surcharge to all
permits
LAND USE APPLICATION:
Purpose of Fee (Code #) Amount
Appeal $500.00 and an Escrow deposit of $500
Comprehensive Plan $750 and an Escrow deposit of $1,500 for Residential
and $3,500 for Commercial
Conditional Use Permit (§152.243) $200 and an Escrow deposit of $450 for Residential
and $850 for Commercial
Easement Vacation (§151.11) $200
Final Plat (§151.04) $500 with an Escrow deposit of $500
Garage Setback permit (§152.176) $60
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Planned Unit Development (§152.176) $750 with a $2,500 Escrow deposit
Preliminary Plat (§151.03) $500 with a $500 Escrow deposit
Rezoning (§152.242) $500 with a $750 Escrow deposit
Sign Permit (§155) $75 for cost of $1 to $500, plus $5 each $100 over
$500
Sign Plan review (§155) $75
Site Plan (§152.241) $250 with an Escrow deposit of $450
Subdivision/Lot Split $250 with a $1,250 Escrow deposit
Variance (§152.245) $200 and an Escrow deposit of $450 for Residential
and $850 Commercial
LICENSES:
License (Ord. #) Amount
Alarm Permits: (§111.152)
Commercial $25
Residential $10
Christmas Tree Lots:
Non-Profit No fee
Other Applicants $50
Contractors (§111.231) $35 or $5 if licensed by state
Courtesy Ad Bench
$30 per bench New
$10 per bench renewal
Fireworks: (§111.371) $100 Existing
$350 Stand Alone
Gasoline service stations
(stations with multiple products dispensed through 1 hose)
$75 for station and 1 production line, plus $15 for
each product line dispensed.
Haulers of Garbage or Recyclables (§111.216) $150
Kennel (§91.20) $50
Laundromats (coin-operated not in multiple family building)
$10 per machine, up to a maximum of $190 per
location
Liquor: (March 15th renewal date; annually) (§112.03)
Beer: off-sale; 3.2% malt liquor license $100
Beer: on-sale; 3.2% malt liquor license $350
Beer: Temporary on-sale 3.2% malt liquor license
None
Liquor: on-sale intoxicating liquor $8,000
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Liquor: Sunday on-sale
Wine: only
Wine: with strong beer endorsement
Wine: temporary
$200
$400 license fee & $100 processing fee
$1,500 license fee & a 100 processing fee
None
Multiple Dwellings (§111.188)
$150 base fee plus $10 per unit for 3 or more
(penalty after July 1st base fee increase to $250)
Pawnbroker (§111.287) $8,000 license fee; $750 investigation fee
Peddler (§113.01) $50
Physical culture and health service or club, reducing
club or salon, sauna parlor, therapeutic massage
studio (§111.341)
$500 investigation
$250 Therapist
Secondhand good dealer (§111.252) $5,000 license fee; $750 investigation fee
Tobacco or tobacco related products (§111.047) $300
Towing/Motor Vehicle Starting (§111.111) $30 for first vehicle and $20 for each additional
vehicle
Transient Merchant (§113.01) $50
MISCELLANEOUS FEES:
Type Amount
Security False Alarm (§111.155 D) First 2 are free, 3rd is $75 and each
additional is an additional $25
Vehicle Impounding Fee (§72.33)
$85 for tow:
$25 per day storage (applied the first day)
$25 Tow Company Administration
$15 SAPD Administration
Delinquent Utility Assessment
Notification $25
PARK CONTRIBUTION: (§151.12)
Type Amount
Single Family lot $1,500/unit
Duplex lot $1,800/unit
Townhouse development $2,000/unit
Mobile Home $1,000/unit
Multi-family, apartment or condominium $1,500/unit
Commercial/Industrial $4,000 per acre
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RIGHT OF WAY:
Permit Amount
Registration Fee $40 $60
Excavation Permit Fee:
Hole $125 $150
Trench $70/100 lineal foot (plus hole fee)
Obstruction permit base fee $50 plus $.05/lineal foot
Permit Extension fee $55
Street Excavation (§150.031) $50
Small Cell Wireless ROW Rent
$150 per year (plus $25 per site)
Small Cell Wireless Monthly
Electrical Fee
Actual Cost or $73 per radio node less than or
equal to 100 maximum watts;
$182 per radio node over 100 maximum watts
(whichever is greater)
UTILITIES:
FIRE CONTROL DEVICES: (billed quarterly)
Size Amount
2" $7.88
3" $10.50
4" $15.75
6" $21.00
8" $26.25
10" $42.00
IRRIGATION RATES: $4.12 $4.08 per 1,000 gallons
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SEWER CONNECTION PERMIT: $850.00-per Metropolitan Council
Environmental Services (MCES) units initial
or re-determination.
SEWER RATES: $4.62 $4.69 per 1,000 gallons, quarterly
Collection system charge $3.20 $6.40 per
residential equivalency unit.
STORM WATER FACILITIES: (billed quarterly)
WATER CONNECTION PERMIT: $850.00-per Metropolitan Council
Environmental Services (MCES) units initial
or re-determination.
WATER METERS:
SIZE METER PRICE RADIO TOTAL COST
5/8” $130.00 $140.00 $130.00 $140.00 $260.00 $280.00
¾” $140.00 $155.00 $130.00 $140.00 $270.00 $295.00
1” $190.00 $215.00 $130.00 $140.00 $320.00 $355.00
1 ½ ” $505.00 $550.00 $130.00 $140.00 $635.00 $690.00
2” $690.00 $775.00 $130.00 $140.00 $820.00 $915.00
WATER RATES: (billed quarterly)
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
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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 1 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 1 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 1 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 1 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
TIER V Over 1,450,000 $5.17 $5.12
HAPPY’S Consumption (gallons) Rate/per 1,000 gallons
TIER 1 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
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 17-089
A RESOLUTION APPROVING THE 2018 FEE SCHEDULE
WHEREAS, the City of St. Anthony Village has approved an ordinance allowing fees
to be established by resolution; and
WHEREAS, staff has established a fee schedule that can be amended annually; and
WHEREAS, attached is the 2018 Fee Schedule.
Adopted this 12th day of December, 2017.
________________________________
Jerome O. Faust, Mayor
ATTEST: ________________________________
Nicole Miller, City Clerk
Reviewed for administration: ___________________________________
Mark Casey, City Manager
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CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 17-090
A RESOLUTION APPOINTING ________ TO FILL A VACANCY ON THE
SAINT ANTHONY VILLAGE CITY COUNCIL
WHEREAS, a vacancy exists on the Saint Anthony City Council; and
WHEREAS, pursuant to Minnesota Statute § 412.02, subd. 2a, the City Council shall fill the
vacancy by appointment.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Saint Anthony
Village hereby appoints ___________ to fill the vacant position for the remainder of term ending
December 31, 2019.
Adopted this 12th day of December, 2017.
______________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: _____________________________________
Mark Casey, City Manager
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132
.
OFFICIAL OATH
STATE OF MINNESOTA
COUNTIES OF HENNEPIN/RAMSEY
CITY OF ST. ANTHONY VILLAGE
I, , do solemnly swear that I will support the Constitution of the
United States, the Constitution of the State of Minnesota, and I will faithfully,
justly, and impartially discharge the duties of the position of Councilmember of the
City of Saint Anthony Village, Minnesota, to the best of my judgment and ability.
_____________________________________
Subscribed and sworn to before me this ____ day of __________________, 2017.
_____________________________________
Jerome O. Faust, Mayor
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Date Type Staff Present
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 City Council
City Manager
February 27 Regular 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 5 Special
5:30 p.m.Joint Meeting with Park Commission City Council
City Manager
March 26 Special
5:30 p.m.Joint Meeting with Planning Commission City Council
City Manager
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
FUTURE COUNCIL AGENDA ITEMS
2018
2017
135
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
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
Preliminary Approve Comp Plan Update and Authorize Submission to Met Council-
Resolution
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
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
136
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
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
November 27 Regular
Fire Prevention Poster Winners
Water Conservation Poster Winners
2nd Reading Water, Sewer, & Stormwater
City Council
City Manager
Fire Dept
Public Works Director
December 11 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 2019 City & HRA Budgets and Final Property Tax Levy -Public Hearing
Final Reading Water, Sewer, & Stormwater
2019 Fee Schedule
2019 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids
City Council
City Manager
Finance Director
City Engineer
December 26 Regular
City Council
City Manager
137
PUBLIC INPUT SHEET
In order to address the City Council and to be heard on an
Agenda item, please complete the following and pass this
completed sheet to the City Manager. Speakers are
requested to come to the podium, clearly state their name
and address for the City Clerk's record.
Date: / 9017
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Address: �7 �{ -5 l L vet /\ Dy ly
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Agenda Item Addressing: an % iz IBX %t? 1/T'