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HomeMy WebLinkAboutCC WORKSESSION PACKET 03042019If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313 or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay.   Work Session Agenda  Monday, March 4, 2019  5:30 p.m.    1. Amending 2020 Feasibility Study.  Mark Casey, City Manager and Justin Messner,  Assistant City Engineer (WSB) presenting.    2. ADA Transition Plan. Justin Messner, Assistant City Engineer (WSB) presenting.    3. Parks Commission Name, Purpose, Membership and Powers/Duties Proposed Changes.   Mark Casey, City Manager presenting    4. Planning Commission Proposed Meeting Dates Change. Mark Casey, City Manager  presenting    5. Small Cell.  Mark Casey, City Manager presenting    6. Adjournment              City of St. Anthony  CITY COUNCIL WORK SESSION  City Council Chambers  Minutes  January 29, 2019  Present:   Mayor & Council. Jerry Faust, Mayor; Hal Gray, Councilmember; Jan Jenson, Councilmember; Randy Stille,  Councilmember, and Thomas Randle, Councilmember.  Absent:   None  Staff:   Mark Casey, City Manager and Jay Hartman, Public Works Director  Consultants:  Todd Hubmer, City Engineer (WSB)  Guests:   Carrie Christensen, Minneapolis Parks & Recreation Board and John Slack, Perkins Will  Call to Order:   Meeting called to order by Mayor Faust at 7:30 p.m.  Missing Link:  Christensen presented a PowerPoint and sections of the East of the River Master Parks Plan.  Per the consensus of the City Council, the City of St. Anthony would encourage the MPRB to develop additional  options for the missing link. Specifically, the area between Stinson Parkway  and Highway 88, the City of St.  Anthony would like to see consideration of the following options:  •             Stinson Parkway to Kenzie Terrace  •             Stinson Parkway to Lowry Avenue  •             Stinson Parkway to Highway 88  In addition, the City of St. Anthony has significant concerns in regard to the Highway 88/St. Anthony Boulevard  intersection as it is problematic for pedestrian and bike crossing.  The City believes more work still needs to be  done in designing options and coordination with Hennepin County for a better interaction between vehicles and  pedestrians/bikes.  Adjourn:   The meeting adjourned at 8:45 p.m.    Minutes respectfully submitted by Mark Casey, City Manager.      THIS PAGE LEFT INTENTIONALLY BLANK Amendment to the 2020 Street & Utility Improvement Project City Council Work Session March 4, 2019 Street & Utility Reconstruction Project Location •Croft Drive •32nd Avenue •Croft Drive •32nd Avenue •Skycroft Drive Option #1 Option #2 Project Costs and Funding Project Funding from Public Improvement Bonds and Special Assessments to Benefitting Properties. Street Reconstruction $244,200 $543,700 $787,900 Sanitary Sewer Improvements $0 $186,600 $186,600 Water Main Improvements $19,700 $240,100 $259,800 Storm Sewer Improvements $40,600 $90,400 $131,000 Total $304,500 $1,060,800 $1,365,300 2020 STREET AND UTILITY IMPROVEMENT PROJECT OPTION #2 - CROFT DRIVE & 32ND AVENUE Proposed Improvements Special Assessments City Costs Total Mill and Overlay •Silver Lane Mill & Overlay •Silver Lake Terrace Alternate # 1 •Mill & Overlay (Resurface) •Retaining Wall Replacement Alternate # 2 •Mill & Overlay (Resurface) •Retaining Wall Replacement •Install Curb and Gutter •New Storm Sewer Alternate # 3 •Full Reconstruction •Replace 4” Watermain •Replace Sanitary Sewer •New Storm Sewer •Retaining Wall Replacement Project Costs and Funding Project Funding from Public Improvement Bonds and Special Assessments to Benefitting Properties. Mill and Overlay Improvements Alternate # 1 Mill and Overlay Improvements Alternate # 2 City Cost City Cost City Cost Assessment Total Cost Surface Improvements $139,000.00 $318,800.00 $324,660.00 $139,140.00 $463,800.00 Watermain Improvements $0.00 $0.00 $114,620.00 $7,680.00 $122,300.00 Sanitary Sewer Improvements $0.00 $0.00 $81,000.00 $0.00 $81,000.00 Drainage Improvements $0.00 $65,900.00 $43,500.00 $23,400.00 $66,900.00 Total $139,000.00 $384,700.00 $563,780.00 $170,220.00 $734,000.00 2020 STREET AND UTILITY IMPROVEMENTS Saint Anthony Village, Minnesota Amendment to Feasibility Full Reconstruction Alternate #3Silver Lake Terrace Summary of Cost Options Proposed Improvements Option 1 Option 2 Option 3 Option 4 Croft Dr & 32nd Ave Street & Utility Improvement $1,365,300 $1,365,300 $1,365,300 $1,365,300 Silver Lane Mill & Overlay $346,900 $346,900 $346,900 $0 Silver Lake Terr - Alternate #1 Mill & Overlay w/Retaining Wall $139,000 $0 $0 $0 Silver Lake Terr - Alternate #2 Mill & Overlay w/Retaining Wall + Curb & Gutter $0 $384,700 $0 $0 Silver Lake Terr - Alternate #3 Full Reconstruction w/Retaining Wall $0 $0 $734,000 $734,000 Project Total $1,851,200 $2,096,900 $2,446,200 $2,099,300 2020 STREET AND UTILITY IMPROVEMENTS SUMMARY OF COSTS Option 1 $1,546,700 $304,500 $1,851,200 Option 2 $1,792,400 $304,500 $2,096,900 Option 3 $1,971,480 $474,720 $2,446,200 Option 4 $1,624,580 $474,720 $2,099,300 2020 STREET AND UTILITY IMPROVEMENT PROJECT FUNDING SOURCES Proposed Improvements City Costs Special Assessments Total **Option #1 & #2 include assessments from Street Reconstruction only. Option #3 & #4 include additional assessment of $170,220 from Silver Lake Terr Reconstruction. •Council Work Session March 4,2019 (2nd of 7 meetings) •Council Accept Amendment to Feasibility March 18, 2019 (3rd of 7 meetings) •1st Public Info Meeting November 2019 (4th of 7 meetings) •Council Approve Plans November 2019 (5th of 7 meetings) •Receive Bids/Compute Assessments January 2020 •2nd Public Info Meeting February 2020 (6th of 7 meetings) 2020 Project Schedule 2020 Project Schedule –cont’d •Public Hearing/Award Contract February 2020 (7th of 7 meetings) •Award Sale of Bonds March 2020 •Begin Construction May/June 2020 •Substantial Completion September 2020 •Final Paving June 2021 Questions? Amendment to the 2020 Street & Utility Improvement Project THIS PAGE LEFT INTENTIONALLY BLANK   2020 Debt Levy      Est Additional levy    Difference   Existing 2020 Forecast                         $152,207                          ‐     Updated 2020 Option 3                         $190,019                  $37,812   Updated 2020 Option 4                         $157,972                    $5,765     THIS PAGE LEFT INTENTIONALLY BLANK ADA Transition Plan For Pedestrian Facilities In the Public Right-of-Way City Council Work Session March 4, 2019 •The Americans with Disabilities Act (ADA) prohibits the discrimination of individuals on the basis of disability. •Local agencies are required to evaluate its facilities that do not meet the requirements set forth in the ADA, and develop a transition plan for structural changes to facilities that are needed to achieve program accessibility. •MnDOT and FHWA have made recent efforts to ensure local agencies have ADA Transition Plans. Background/Need •Develop policies and practices for public to provide input on ADA concerns. •Develop a plan and schedule for achieving compliance in accordance with the ADA. •Prepare self-evaluation of existing sidewalk and trail facilities including pedestrian access ramps. •Establish ADA design standards for new facilities. Purpose of ADA Transition Plan Step 1: Designate an ADA Coordinator Step 2: Provide public notice about ADA requirements Step 3: Establish a grievance procedure Step 4: Develop design standards, specifications, and details Step 5: Assign personnel for the development and completion of a Transition Plan Step 6: Identify a schedule and budget to implement the Transition Plan Step 7: Monitor progress on the implementation of the Transition Plan Steps to Compliance •City required to publish its responsibilities regarding ADA. •If users of the facilities believe the City is not providing reasonable accommodation, they have the right to file a grievance. •Grievance procedures and form are outlined in Appendix D. •ADA Coordinator: Mark Casey •Implementation Coordinator: Jay Hartman Public Notice, Grievance Procedure & ADA Coordinator Inventory: •7.5 miles of sidewalk •172 curb ramps •1 traffic control signal (city owned) •43 bus stops Self-Evaluation of City-Owned Pedestrian Facilities Results: •73% of sidewalks meet accessibility criteria •16% of curb ramps meet accessibility criteria •100% of traffic signals compliant w/ Accessible Pedestrian Signal (APS) audible features •33% of bus stops meet accessibility criteria •Estimated cost to achieve compliance: $890,000 Inventory Existing Facilities Results 73% of sidewalks meet accessibility criteria Sidewalks •> 60” wide •< 5% running slope •< 2% cross slope •Landing areas •< ¼” rise Results 16% of curb ramps meet accessibility criteria Curb Ramps •Curb cut present •> 36” wide •< 8.33% running slope •< 2% cross slope •Landing area •Truncated domes Results 100% of traffic signals compliant w/APS audible features Traffic Signals •Push buttons exist •Push button location •Audible indicators Results 33% of bus stops meet accessibility criteria Bus Stops •Concrete waiting area •Access to intersection •5’ x 8’ wheelchair lift area •Shelters •Lighting •Priority areas –Near public buildings/facilities and schools •Policy Approaches: –Incorporate improvements into CIP projects (already do this) –Standalone projects as determined by Council (case-by-case basis) –Annual maintenance budget as appropriate (case-by-case basis) •Goal: Continually evaluate and improve city facilities •Follow ADA design standards best practices (MnDOT, PROWAG) •Coordination with Hennepin & Ramsey County, MnDOT & Metro Transit as their facilities are improved Implementation Approach •Following adoption, plan will be posted on-line •Public input key as part of on-going plan implementation Public Outreach Questions? ADA Transition Plan For Pedestrian Facilities In the Public Right-of-Way THIS PAGE LEFT INTENTIONALLY BLANK ADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY SAINT ANTHONY VILLAGE 3301 SILVER LAKE ROAD FEBRUARY 2019 Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Page 1 1. INTRODUCTION A. TRANSITION PLAN NEED AND PURPOSE The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting discrimination against individuals on the basis of disability. ADA consists of five titles outlining protections in the following areas: 1. Employment 2. State and local government services 3. Public accommodations 4. Telecommunications 5. Miscellaneous provisions Title II of ADA pertains to the programs, activities and services public entities provide. As a provider of public transportation services and programs, the City of Saint Anthony Village must comply with this section of the Act as it specifically applies to public service agencies. Title II of ADA provides that, “…no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” (42 USC. Sec. 12132; 28 CFR. Sec. 35.130) As required by Title II of ADA, 28 CFR. Part 35 Sec. 35.105 and Sec. 35.150, the City of Saint Anthony Village has conducted a self-evaluation of its facilities within public rights of way and has developed this Transition Plan detailing how the organization will ensure that all those facilities are accessible to all individuals. B. ADA AND ITS RELATIONSHIP TO OTHER LAWS Title II of ADA is companion legislation to two previous federal statutes and regulations: the Architectural Barriers Acts of 1968 and Section 504 of the Rehabilitation Act of 1973. The Architectural Barriers Act of 1968 is a Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to the built environment. Section 504 of the Rehabilitation Act of 1973 is a Federal law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency. Title II of ADA extended this coverage to all state and local government entities, regardless of whether they receive federal funding or not. C. AGENCY REQUIREMENTS Under Title II, the City of Saint Anthony Village must meet these general requirements: • Must operate their programs so that, when viewed in their entirety, the programs are accessible to and useable by individuals with disabilities (28 C.F.R. Sec. 35.150). • May not refuse to allow a person with a disability to participate in a service, program or activity simply because the person has a disability (28 C.F.R. Sec. 35.130 (a). Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Page 2 • Must make reasonable modifications in policies, practices and procedures that deny equal access to individuals with disabilities unless a fundamental alteration in the program would result (28 C.F.R. Sec. 35.130(b) (7). • May not provide services or benefits to individuals with disabilities through programs that are separate or different unless the separate or different measures are necessary to ensure that benefits and services are equally effective (28 C.F.R. Sec. 35.130(b)(iv) & (d). • Must take appropriate steps to ensure that communications with applicants, participants and members of the public with disabilities are as effective as communications with others (29 C.F.R. Sec. 35.160(a). • Must designate at least one responsible employee to coordinate ADA compliance [28 CFR Sec. 35.107(a)]. This person is often referred to as the "ADA Coordinator." The public entity must provide the ADA coordinator's name, office address, and telephone number to all interested individuals [28 CFR Sec. 35.107(a)]. • Must provide notice of ADA requirements. All public entities, regardless of size, must provide information about the rights and protections of Title II to applicants, participants, beneficiaries, employees, and other interested persons [28 CFR Sec. 35,106]. The notice must include the identification of the employee serving as the ADA coordinator and must provide this information on an ongoing basis [28 CFR Sec. 104.8(a)]. • Must establish a grievance procedure. Public entities must adopt and publish grievance procedures providing for prompt and equitable resolution of complaints [28 CFR Sec. 35.107(b)]. This requirement provides for a timely resolution of all problems or conflicts related to ADA compliance before they escalate to litigation and/or the federal complaint process. This document has been created to specifically cover accessibility within the public rights of way and does not include information on the City of Saint Anthony Village’s programs, practices, or building facilities not related to public rights of way. Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Page 3 2. SELF-EVALUATION A. OVERVIEW The City of Saint Anthony Village is required, under Title II of the Americans with Disabilities Act (ADA) and 28CFR35.105, to perform a self-evaluation of its current transportation infrastructure policies, practices, and programs. This self-evaluation will identify what policies and practices impact accessibility and examine how the City of Saint Anthony Village implements these policies. The goal of the self-evaluation is to verify that, in implementing the City of Saint Anthony Village’s policies and practices, the department is providing accessibility and not adversely affecting the full participation of individuals with disabilities. The self-evaluation also examines the condition of the City of Saint Anthony Village’s Pedestrian Circulation Route/Pedestrian Access Route) (PCR/PAR) and identifies potential need for PCR/PAR infrastructure improvements. This will include the sidewalks, curb ramps, bicycle/pedestrian trails, traffic control signals and transit facilities that are located within the City of Saint Anthony Village public rights of way. Any barriers to accessibility identified in the self- evaluation and the remedy to the identified barrier are set out in this transition plan. B. SUMMARY In September and November 2018, the City of Saint Anthony Village conducted an inventory (using available GIS data, aerial/street imagery, and on-site verification) of pedestrian facilities within the city-owned public rights of way consisting of the evaluation of the following facilities: • 7.5 miles of sidewalks • 172 curb ramps • 1 traffic control signal • 43 bus stops A summary of the inventory results on how facilities within the City’s public rights of way relate to ADA standards is found in Appendix A and will be updated periodically. ADA Transition Plan updates will occur periodically to incorporate the evaluation of other City services and programs into this document. Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Page 4 3. POLICIES AND PRACTICES A. PREVIOUS PRACTICES Since the adoption of the ADA, the City of Saint Anthony Village has striven to provide accessible pedestrian features as part of the City’s capital improvement projects. As additional information was made available as to the methods of providing accessible pedestrian features, the City of Saint Anthony Village updated their procedures to accommodate these methods. The City has led recent efforts to upgrade traffic signals and curb ramps for compliance with the ADA as part of a recent Highway Safety Improvement Program project. The City continues to explore opportunities to upgrade curb ramps and traffic signals at key intersections, including intersections along county roadways. B. POLICY The City of Saint Anthony Village’s goal is to continue to provide accessible pedestrian design features as part of the City’s capital improvement projects. The City of Saint Anthony Village has established ADA design standards and procedures as listed in Appendix F. These standards and procedures will be kept up to date with nationwide and local best management practices. The City will consider and respond to all accessibility improvement requests. All accessibility improvements that have been deemed reasonable will be scheduled consistent with transportation priorities. The City of Saint Anthony Village will coordinate with external agencies to ensure that all new or altered pedestrian facilities within the City of Saint Anthony Village jurisdiction are ADA compliant to the maximum extent feasible. Maintenance of pedestrian facilities within the public rights of way will continue to follow the policies set forth by the City of Saint Anthony Village. All City street reconstruction projects with pedestrian facilities will be designed and constructed in accordance with the most current ADA guidance and design best practices to the maximum extent feasible. Requests for accessibility improvements can be submitted to the ADA Coordinator. Contact information for the ADA Coordinator is in Appendix B. 4. IMPROVEMENT SCHEDULE A. PRIORITY AREAS The City of Saint Anthony Village has identified areas near public buildings/facilities, schools, and commercial centers as a priority for planned accessibility improvement projects. Additional priority will be given to any location where an improvement project or alteration was constructed after January 26, 1991, and accessibility features were omitted. B. EXTERNAL AGENCY COORDINATION Many other agencies are responsible for pedestrian facilities within the jurisdiction of the City of Saint Anthony Village, including Hennepin County, Ramsey County, Minneapolis Park Board, MnDOT, and Metro Transit. The City will coordinate with those agencies to track and assist in the facilitation of the elimination of accessibility barriers along their routes. Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Page 5 5. ADA COORDINATOR In accordance with 28 CFR 35.107(a), the City of Saint Anthony Village has identified an ADA Title II Coordinator to oversee the City’s policies and procedures. Contact information for this individual is in Appendix B. 6. IMPLEMENTATION SCHEDULE The City of Saint Anthony Village will utilize two methods for upgrading pedestrian facilities to the current ADA standards. The first and most comprehensive of the two methods are the scheduled street and utility improvement projects. All pedestrian facilities impacted by these projects will be upgraded to current ADA accessibility standards. The second method is the stand-alone sidewalk and ADA accessibility improvement project. These projects may be incorporated into the Capital Improvement Program (CIP) on a case by case basis as determined by the City of Saint Anthony Village. The City CIP, which includes a detailed schedule and budget for specific improvements, is available on the City’s website at https://www.savmn.com/. The City also has an annual maintenance budget for sidewalk improvements that may be utilized as appropriate. 7. PUBLIC OUTREACH The City of Saint Anthony Village recognizes that public participation is an important component in the development of this document. Prior to officially adopting the plan, this document was made available on-line at the City’s website for public review and comment. The City notified the public through the City’s website and quarterly newsletter to encourage input from the community and help define priority areas for improvements within the jurisdiction of the City of Saint Anthony Village. Additional public outreach efforts will be provided as the City implements its plan and over time as improvements are made. 8. GRIEVANCE PROCEDURE Under the Americans with Disabilities Act, each agency is required to publish its responsibilities in regards to the ADA. A draft of this public notice is provided in Appendix D. If users of the City of Saint Anthony Village facilities and services believe the City has not provided reasonable accommodation, they have the right to file a grievance. In accordance with 28 CFR 35.107(b), the City of Saint Anthony Village has developed a grievance procedure for the purpose of the prompt and equitable resolution of citizens’ complaints, concerns, comments, and other grievances. This grievance procedure is outlined in Appendix D. 9. MONITOR THE PROGRESS This document will continue to be updated periodically as conditions within the City evolve. A public comment period will be incorporated into each update should it be deemed necessary. Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Appendices APPENDICES A. SELF-EVALUATION RESULTS B. CONTACT INFORMATION C. PUBLIC OUTREACH D. GRIEVANCE PROCEDURE E. BUDGET INFORMATION F. AGENCY ADA DESIGN STANDARDS AND PROCEDURES G. GLOSSARY OF TERMS Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Appendix A APPENDIX A – SELF-EVALUATION RESULTS In September and November 2018, an inventory of curb ramps and sidewalks was performed using available GIS data, aerial/street imagery, and on-site verification. A total of 172 curb ramp locations and 7.5 miles of sidewalk facilities within City public rights of way were inventoried. Based upon this information, this initial self-evaluation of pedestrian facilities yielded the following results: • 73% of sidewalks met accessibility criteria • 16% of curb ramps met accessibility criteria • 16% of intersection locations did not have any curb ramps • 100% of traffic control signals had push buttons that are accessible, or had the pedestrian indications on recall Sidewalks: Pedestrian Curb Ramps: Condition Average Replacement Per Segment 0 - Bad 75.0%979 ft 245 ft 735 ft 1 - Poor 50.0%10,731 ft 5,366 ft 5,366 ft 2 - Fair 20.0%21,345 ft 17,076 ft 4,269 ft 3 - Good 5.0%6,619 ft 6,288 ft 331 ft 28,975 ft 39,676 ft 73%Percent OK Total Sidewalk Meets ADA Needs Need to Replace Meets ADA Needs Total Sidewalk Compliance Number of Curb Ramps Percent No curb ramp where one is needed 27 16% Not compliant 118 69% Compliant/recently updated 27 16% Total curb ramps 172 100% Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo,MapmyIndia, © OpenStreetMap contributors, and the GIS User Community 0 1,000Feet ADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-W AYST. ANTHONY VILLAGE Existing Facilities Pedestrian Curb Ramps Sidewalks/Trails Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo,MapmyIndia, © OpenStreetMap contributors, and the GIS User Community Curb Ramps - Compliance No curb ram p whe re one is needed No t com pliant Re ce ntly u pda ted/compliant 0 1,000Feet Inventory Results - Pedestrian Curb RampsADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-W AYST. ANTHONY VILLAGE Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo,MapmyIndia, © OpenStreetMap contributors, and the GIS User Community 0 1,000Feet Inventory Results - Sidewalks and Trails Sidewalks/Trails - Condition Bad Poor Fair Good ADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-W AYST. ANTHONY VILLAGE Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo,MapmyIndia, © OpenStreetMap contributors, and the GIS User Community 0 1,000Feet Inventory Results - Traffic Signals Traffic Signals - Compliance Not needed/not applicable No push buttons where needed Push buttons present, not APS APS, not compliant APS, compliant/recently updated ADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-W AYST. ANTHONY VILLAGE Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo,MapmyIndia, © OpenStreetMap contributors, and the GIS User Community Bus Stops - Compliance No ped ramp where one is needed Not compliant Recently updated/compliant 0 1,000Feet Inventory Results - Bus StopsADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-W AYST. ANTHONY VILLAGE Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Appendix B APPENDIX B – CONTACT INFORMATION 1. ADA TITLE II COORDINATOR Name: Mark Casey, City Manager Address: 3301 Silver Lake Road Saint Anthony Village, MN 55418 Phone: 612-782-3301 E-mail: mark.casey@savmn.com 2. PUBLIC RIGHTS OF WAY ADA IMPLEMENTATION COORDINATOR Name: Jay Hartman, Director of Public Works Address: 3301 Silver Lake Road Saint Anthony Village, MN 55418 Phone: 612-782-3314 E-mail: jay.hartman@savmn.com Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Appendix C APPENDIX C – PUBLIC OUTREACH The draft ADA Transition Plan will be available on the City website for a 30-day review period. The City will notify the public through the City’s website and quarterly newsletter to encourage input from the community and comments directed to the ADA Coordinator. Additional public outreach efforts will be provided as the City implements its plan and over time as improvements are made. Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Appendix D APPENDIX D – GRIEVANCE PROCEDURE As part of the ADA requirements the City has posted the following notice outlining its ADA requirements: 1. PUBLIC NOTICE In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, The City of Saint Anthony Village will not discriminate against qualified individuals with disabilities on the basis of disability in the City’s services, programs, or activities. Employment: The City of Saint Anthony Village does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA). Effective Communication: The City of Saint Anthony Village will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City of Saint Anthony Village will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City of Saint Anthony Village program, service, or activity, should contact the office of the City’s ADA Coordinator, as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the City of Saint Anthony Village to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. The City of Saint Anthony Village will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Appendix D 2. CITY OF SAINT ANTHONY VILLAGE GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Saint Anthony Village. The City's Personnel Policy governs employment-related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation. To file an ADA complaint online: Online Complaint Form @ https://www.savmn.com/FormCenter Instructions for submitting attachments are on the form. To file an ADA complaint by mail: Mark Casey, City Manager ADA Coordinator 3301 Silver Lake Road Saint Anthony Village, MN 55418 Within 15 calendar days after receipt of the complaint, the ADA Coordinator or assigned designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or assigned designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Saint Anthony Village and offer options for substantive resolution of the complaint. If the response by the ADA Coordinator or assigned designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager or assigned designee. Within 15 calendar days after receipt of the appeal, the City Manager or assigned designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager or assigned designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by the ADA Coordinator or assigned designee, appeals to the City Manager or assigned designee, and responses from these two offices will be retained by the City of Saint Anthony Village for at least seven years. Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Appendix D Complaints of Title II violations may also be filed with the DOJ within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department of Justice (DOJ). The DOJ may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information, contact: U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Disability Rights Section - NYAV Washington, D.C. 20530 www.ada.gov (800) 514-0301 (voice – toll free) (800) 514-0383 (TTY) Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the DOJ or any other Federal agency, or to receive a "right-to-sue" letter, before going to court. Saint Anthony Village ADA Grievance Form Page 1 City of Saint Anthony Village Title II of the Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form Instructions: Please fill out this form completely, in black ink or type. Sign and return to the address on page 3. Complainant: _________________________________________________________________________ Address: ____________________________________________________________________________ City, State and Zip Code: _______________________________________________________________ Telephone:___________________________________________________________________________ Home: ______________________________________________________________________________ Business: ____________________________________________________________________________ Person Discriminated Against (if other than the complainant): __________________________________ Address: ____________________________________________________________________________ City, State, and Zip Code: _______________________________________________________________ Telephone: Home: ________________________ Business: _______________________________ Government, or organization, or institution which you believe has discriminated Name: ______________________________________________________________________________ Address: ____________________________________________________________________________ County: _____________________________________________________________________________ City, State and Zip Code: _______________________________________________________________ Telephone Number: ___________________________________________________________________ Saint Anthony Village ADA Grievance Form Page 2 When did the discrimination occur? ______________________________ Date: __________________ Describe the acts of discrimination providing the name(s) where possible of the individuals who discriminated (use space on page 3 if necessary): Have efforts been made to resolve this complaint through the internal grievance procedure of the government, organization, or institution? Yes ______ No _____ If yes: what is the status of the grievance? Has the complaint been filed with another bureau of the Department of Justice or any other Federal, State, or local civil rights agency or court? Yes ______ No _____ If yes: Agency or Court:______________________________________________________________________ Contact Person: _______________________________________________________________________ Address: ____________________________________________________________________________ City, State, and Zip Code: _______________________________________________________________ Telephone Number: ___________________________________________________________________ Date Filed: ___________________________________________________________________________ Saint Anthony Village ADA Grievance Form Page 3 Do you intend to file with another agency or court? Yes______ No______ Agency or Court:______________________________________________________________________ Address: ____________________________________________________________________________ City, State and Zip Code: _______________________________________________________________ Telephone Number: ___________________________________________________________________ Additional space for answers: Signature: ___________________________________________ Date: _______________________________________________ Return to: ADA Coordinator 3301 Silver Lake Road Saint Anthony, MN 55418 Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Appendix E APPENDIX E – BUDGET INFORMATION 1. UNIT PRICES Construction costs for upgrading facilities can vary depending on each individual improvement and conditions of each site. Costs can also vary on the type and size of project the improvements are associated with. Listed below are representative 2018 costs for some typical accessibility improvements based on if the improvements are included as part of a retrofit type project, or as part of a larger comprehensive capital improvement project. Intersection corner ADA improvement retrofit: +/- $4,000 per corner Intersection corner ADA improvement as part of adjacent capital project: +/- $1,500 per corner Traffic control signal APS upgrade retrofit: +/-$ 15,000 Traffic control signal APS upgrade as part of full traffic control signal installation: +/- $10,000 Sidewalk / Trail ADA improvement retrofit: +/- $5.00 per SF Sidewalk / Trail ADA improvement as part of adjacent capital project: +/- $3.50 per SF Bus Stop ADA improvement retrofit: +/- $400 per stop Bus Stop ADA improvement as part of adjacent capital project: +/- $250 per stop 2. ESTIMATED COSTS Based on the results of the self-evaluation, the estimated costs associated with providing ADA accessibility for facilities within the City public rights of way is $890,000. This amount is significant, and the City of Saint Anthony Village will work toward providing ADA accessibility as financially feasible and will incorporate ADA compliance standards into future City rights of way projects. A systematic approach to providing accessibility will be taken in order to absorb the cost into the City of Saint Anthony Village budget for improvements to the public rights of way. Additional City contributions may be required as part of county roadway improvements based on cost participation policies as facilities are upgraded consistent with their respective ADA Transition Plan goals and objectives. The City CIP, which includes a detailed schedule and budget for specific improvements, is available on the City’s website at https://www.savmn.com/. Subtotal Total Sidewalk 61,888 SF 5.00$ /SF 309,438.70$ Curb Ramps 145 Each 4,000.00$ /Each 580,000.00$ $889,438.70 Replace Unit Cost Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Appendix F APPENDIX F – AGENCY ADA DESIGN STANDARDS AND PROCEDURES 1. DESIGN PROCEDURES Intersection Corners Curb ramps or blended transitions will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for an intersection corner to achieve full accessibility within the scope of any project. Those limitations will be noted and those intersection corners will remain on the transition plan. As future projects or opportunities arise, those intersection corners shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, each intersection corner shall be made as compliant as possible in accordance with the judgment of City staff. Sidewalks / Trails Sidewalks and trails will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for segments of sidewalks or trails to achieve full accessibility within the scope of any project. Those limitations will be noted and those segments will remain on the transition plan. As future projects or opportunities arise, those segments shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, every sidewalk or trail shall be made as compliant as possible in accordance with the judgment of City staff. Traffic Control Signals Traffic control signals will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for individual traffic control signal locations to achieve full accessibility within the scope of any project. Those limitations will be noted and those locations will remain on the transition plan. As future projects or opportunities arise, those locations shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, each traffic signal control location shall be made as compliant as possible in accordance with the judgment of City staff. Bus Stops Bus stops will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for individual bus stop locations to achieve full accessibility within the scope of any project. Those limitations will be noted and those locations will remain on the transition plan. As future projects or opportunities arise, those locations shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, each bus stop location shall be made as compliant as possible in accordance with the judgment of City staff. Other Transit Facilities Additional transit facilities are present within the limits of the City of Saint Anthony Village. Those facilities fall under the jurisdiction of Metro Transit. The City of Saint Anthony Village will work with Metro Transit to ensure that those facilities meet all appropriate accessibility standards. Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Appendix F Other policies, practices and programs Policies, practices and programs not identified in this document will follow the applicable ADA standards. 2. DESIGN STANDARDS The City of Saint Anthony Village has PROWAG, as adopted by the Minnesota Department of Transportation (MnDOT), as its design standard. Refer to MnDOT Accessibility Design Guidance for current standards on the MnDOT website at: http://www.dot.state.mn.us/ada/design.html. Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Appendix G APPENDIX G – GLOSSARY OF TERMS ABA: See Architectural Barriers Act. ADA: See Americans with Disabilities Act. ADA Transition Plan: Mn/DOT’s transportation system plan that identifies accessibility needs, the process to fully integrate accessibility improvements into the Statewide Transportation Improvement Program (STIP), and ensures all transportation facilities, services, programs, and activities are accessible to all individuals. ADAAG: See Americans with Disabilities Act Accessibility Guidelines. Accessible: A facility that provides access to people with disabilities using the design requirements of the ADA. Accessible Pedestrian Signal (APS): A device that communicates information about the WALK phase in audible and vibrotactile formats. Alteration: A change to a facility in the public right-of-way that affects or could affect access, circulation, or use. An alteration must not decrease or have the effect of decreasing the accessibility of a facility or an accessible connection to an adjacent building or site. Americans with Disabilities Act (ADA): The Americans with Disabilities Act; Civil rights legislation passed in 1990 and effective July 1992. The ADA sets design guidelines for accessibility to public facilities, including sidewalks and trails, by individuals with disabilities. Americans with Disabilities Act Accessibility Guidelines (ADAAG ): contains scoping and technical requirements for accessibility to buildings and public facilities by individuals with disabilities under the Americans with Disabilities Act (ADA) of 1990. APS: See Accessible Pedestrian Signal. Architectural Barriers Act (ABA): Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to the built environment. Capital Improvement Program (CIP): The CIP for the Transportation Department includes an annual capital budget and a five-year plan for funding the new construction and reconstruction projects on the city’s transportation system. Detectable Warning: A surface feature of truncated domes, built in or applied to the walking surface to indicate an upcoming change from pedestrian to vehicular way. DOJ: See United States Department of Justice Saint Anthony Village ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Appendix G Federal Highway Administration (FHWA): A branch of the US Department of Transportation that administers the federal-aid Highway Program, providing financial assistance to states to construct and improve highways, urban and rural roads, and bridges. FHWA: See Federal Highway Administration Pedestrian Access Route (PAR): A continuous and unobstructed walkway within a pedestrian circulation path that provides accessibility. Pedestrian Circulation Route (PCR): A prepared exterior or interior way of passage provided for pedestrian travel. PROWAG : An acronym for the Guidelines for Accessible Public Rights-of-Way issued in 2005 by the U. S. Access Board. This guidance addresses roadway design practices, slope, and terrain related to pedestrian access to walkways and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. Rights of Way: A general term denoting land, property, or interest therein, usually in a strip, acquired for the network of streets, sidewalks, and trails creating public pedestrian access within a public entity’s jurisdictional limits. Section 504: The section of the Rehabilitation Act that prohibits discrimination by any program or activity conducted by the federal government. Uniform Accessibility Standards (UFAS): Accessibility standards that all federal agencies are required to meet; includes scoping and technical specifications. United States Access Board: An independent federal agency that develops and maintains design criteria for buildings and other improvements, transit vehicles, telecommunications equipment, and electronic and information technology. It also enforces accessibility standards that cover federally funded facilities. United States Department of Justice (DOJ): The United States Department of Justice (often referred to as the Justice Department or DOJ), is the United States federal executive department responsible for the enforcement of the law and administration of justice. PARKS COMMISSION Park’s Commission Recommendation 1/22/19 Parks and Sustainability Commission § 32.20 PURPOSE. The City of St. Anthony does now operate and maintain public parks for the benefit and pleasure of its residents. A City Parks and Sustainability Commission is hereby established to advise the City Council regarding the promotion of the systematic, comprehensive, and effective development of park facilities necessary for the overall health, ability, and well-being of city residents of all ages. The Parks and Sustainability Commission advises the City Council regarding policies, practices, and proposals that relate to the sustainable use and management of environmental resources, including air, water, energy, land, ecological resources, and waste. § 32.21 MEMBERSHIP. The Parks Commission will consist of 8 9 members, 5 voting and 3 4 nonvoting, all of whom will be residents of the City of St. Anthony. Five of the 8 9 will be appointed by affirmative vote of a majority of the members of the St. Anthony City Council. There will be 3 4 nonvoting liaison members, each appointed by their respective organizations. The 3 4 liaisons will be appointed by the School Board of District #282; St. Anthony Community Services; one nonvoting liaison member for a specified community group focused on sustainability and, the Sports Boosters of St. Anthony Village. St. Anthony- New Brighton School District Student Liaison, § 32.25 POWERS AND DUTIES. The powers and duties of the Parks Commission shall be as follows: (A) To prepare, revise, and maintain a comprehensive, long-term plan for the redevelopment of parks within the city. This plan shall be viewed as a working document that serves as a framework and reference to future redevelopment; (B) To make recommendations to and advise the City Council and staff regarding park issues and ideas; (C) To establish priorities and recommend a phasing plan and schedule for implementing innovative park improvements, renovations, and plans; (D) To work with other communities to explore cooperative arrangements to develop connecting routes in the form of bikeways, walking paths, and corridors of green space wherever possible; (E) To investigate funding sources, including requests for increases in the city budget, designated for parks and green spaces; (F) To seek new areas for additional parks, natural areas, walking paths, bikeways, and green space corridors; (G) To generate community involvement in the development of parks and their elements; (H) To review and recommend revisions to the operation and maintenance of city parks; and (I) To periodically review, re-evaluate, and update the comprehensive park plan to reflect current and future park needs of the city. (J) To make recommendations to and advise the City Council and staff on environmental sustainability issues; (K) To prepare, revise, and maintain a comprehensive, long-term plan and goals regarding environmental sustainability; (L) To periodically review, re-evaluate, and update the comprehensive environmental plan and goals to reflect current and future needs of the city; (M) To make recommendations to and advise the City Council and staff regarding policies and proposals that aid the community in reaching environmental sustainability goals; and (N) To serve as a liaison to the community on policies, practices, and proposals relating to environmental sustainability. PARKS COMMISSION Parks Commission Recommendation 1/22/19 Staff Recommendation 3/4/19 Parks and Sustainability Environmental Commission § 32.20 PURPOSE. The City of St. Anthony does now operate and maintain public parks for the benefit and pleasure of its residents. A City Parks and Sustainability Environmental Commission is hereby established to advise the City Council regarding the promotion of the systematic, comprehensive, and effective development of park facilities necessary for the overall health, ability, and well-being of city residents of all ages. The Parks and Sustainability Environmental Commission advises the City Council regarding policies, practices, and proposals that relate to the sustainable use and management of environmental resources, including air, water, energy, land, ecological resources, and waste. § 32.21 MEMBERSHIP. The Parks and Environmental Commission will consist of 8 9 7 members, 5 voting and 3 4 2 nonvoting, all of whom will be residents of the City of St. Anthony. Five of the 8 9 7 will be appointed by affirmative vote of a majority of the members of the St. Anthony City Council. There will be 3 4 2 nonvoting liaison members,. The School Board of District #282 will appoint a member and City Council will appoint a School District #282 student liaison. each appointed by their respective organizations. The 3 4 liaisons will be appointed by the School Board of District #282; St. Anthony Community Services; one nonvoting liaison member for a specified community group focused on sustainability and, the Sports Boosters of St. Anthony Village. St. Anthony-New Brighton School District Student Liaison, § 32.25 POWERS AND DUTIES. The powers and duties of the Parks and Environmental Commission shall be as follows: (A) To prepare, revise, and maintain a comprehensive, long-term plan for the redevelopment of parks within the city. This plan shall be viewed as a working document that serves as a framework and reference to future redevelopment; (B) To make recommendations to and advise the City Council and staff regarding park and environmental issues and ideas; (C) To establish priorities and recommend a phasing plan and schedule for implementing innovative park and environmental initiatives improvements, renovations, and plans; (D) To work with other communities to explore cooperative arrangements to develop connecting routes in the form of bikeways, walking paths, and corridors of green space wherever possible; (E) To investigate funding sources, including requests for increases in the city budget, designated for parks, and green spaces and environmental initiatives; (F) To seek new areas for additional parks, natural areas, walking paths, bikeways, and green space corridors; (G) To generate community involvement in the development of parks, environmental initiatives and their elements; (H) To review and recommend revisions to the operation and maintenance of city parks and environmental initiatives; and (I) To periodically review, re-evaluate, and update the comprehensive park and environmental initiatives plan to reflect current and future park needs of the city. (J) To make recommendations to and advise the City Council and staff on environmental sustainability issues; (K) To prepare, revise, and maintain a comprehensive, long-term plan and goals regarding environmental sustainability; (L) To periodically review, re-evaluate, and update the comprehensive environmental plan and goals to reflect current and future needs of the city; (M) To make recommendations to and advise the City Council and staff regarding policies and proposals that aid the community in reaching environmental sustainability goals; and (N) To serve as a liaison to the community on policies, practices, and proposals relating to environmental sustainability. Parks and Environmental Commission § 32.20 PURPOSE. The City of St. Anthony does now operate and maintain public parks for the benefit and pleasure of its residents. A City Parks and Environmental Commission is hereby established to advise the City Council regarding the promotion of the systematic, comprehensive, and effective development of park facilities necessary for the overall health, ability, and well-being of city residents of all ages. The Parks and Environmental Commission advises the City Council regarding policies, practices, and proposals that relate to the sustainable use and management of environmental resources, including air, water, energy, land, ecological resources, and waste. § 32.21 MEMBERSHIP. The Parks and Environmental Commission will consist of 7 members, 5 voting and 2 nonvoting, all of whom will be residents of the City of St. Anthony. Five of the 7 will be appointed by affirmative vote of a majority of the members of the St. Anthony City Council. There will be 2 nonvoting liaison members. The School Board of District #282 will appoint a member and City Council will appoint a School District #282 student liaison. § 32.25 POWERS AND DUTIES. The powers and duties of the Parks and Environmental Commission shall be as follows: (A) To prepare, revise, and maintain a comprehensive, long-term plan for the redevelopment of parks within the city. This plan shall be viewed as a working document that serves as a framework and reference to future redevelopment; (B) To make recommendations to and advise the City Council and staff regarding park and environmental issues and ideas; (C) To establish priorities and recommend a phasing plan and schedule for implementing innovative park and environmental initiatives improvements, renovations, and plans; (D) To work with other communities to explore cooperative arrangements to develop connecting routes in the form of bikeways, walking paths, and corridors of green space wherever possible; (E) To investigate funding sources, including requests for increases in the city budget, designated for parks, green spaces and environmental initiatives; (F) To seek new areas for additional parks, natural areas, walking paths, bikeways, and green space corridors; (G) To generate community involvement in the development of parks, environmental initiatives and their elements; (H) To review and recommend revisions to the operation and maintenance of city parks and environmental initiatives; and (I) To periodically review, re-evaluate, and update the comprehensive park and environmental initiatives plan to reflect current and future park needs of the city. THIS PAGE LEFT INTENTIONALLY BLANK ORDINANCE NO. 2019-01 SAINT ANTHONY VILLAGE, MINNESOTA AN ORDINANCE AMENDING SECTIONS 32.07 PLANNING COMMISSION BYLAWS 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 to Amend Section §152.008 Definitions 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 single underlined text. § 32.07 PLANNING COMMISSION BYLAWS. (A) A schedule of meeting dates shall be established and may be changed or altered at any regular scheduled meeting. One regular meeting date is established each month on the third Tuesday fourth Monday at 7:00 p.m. in the City Council Chambers. Section Two. Effective Date. This Ordinance amendment shall be in full force and effect upon its publication as provided by law. Adopted: CITY OF SAINT ANTHONY VILLAGE By:_________________________________ Jerome O. Faust, Mayor ATTEST: By:_________________________________ Nicole Miller, City Clerk Publish: St. Anthony Bulletin Publication Date: THIS PAGE LEFT INTENTIONALLY BLANK 1 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA ORDINANCE NO. 2019-___ AN ORDINANCE TO ENACT A NEW CHAPTER 98 OF THE CODE OF ORDINANCES RELATING TO SMALL WIRELESS FACILITIES, ESTABLISHING GENERAL STANDARDS, A PERMITTING PROCESS, GENERAL PERMITTING CONDITIONS, AND OTHER REQUIREMENTS WHEREAS, it is anticipated that wireless providers will increasingly rely on accessing the public right-of-way of the City of Saint Anthony Village, Minnesota (the “city”) to collocate small wireless facilities in order to provide improved service to their subscribers; and WHEREAS, it is anticipated that wireless providers will more heavily depend on obtaining use of public infrastructure in the public right-of-way, such as utility poles and other wireless support structures, due to a much greater number of antennas being required to provide next generation wireless services; and WHEREAS, it is anticipated that the increased number of antennas will result in economic benefits to the city and its residents; and WHEREAS, the city desires through the passage of this ordinance to develop a process that will allow wireless providers to rapidly deploy small wireless facilities while maintaining reasonable standards for the public right-of-way within the city; and WHEREAS, it is necessary and beneficial for the health, safety and welfare of the community to update the city’s zoning regulations for the collocation of small wireless facilities and installation or replacement of new wireless support structures to accommodate small wireless facilities; and WHEREAS, it is important to accommodate the growing need and demand for telecommunications services while protecting the character of the city and its neighborhoods; and WHEREAS, there is a need to establish standards for location, aesthetics, and compatibility for small wireless facilities, wireless support structures, and their uses; and WHEREAS, there is a need to encourage the availability of affordable, high-speed internet and cellular telephone access for businesses and residents, acknowledging that a growing number of businesses are conducted from remote or off-site locations, that educational institutions increasingly incorporate online and distance learning methodologies, and that government participation and emergency service to the general public are enhanced by fast and reliable cellular and home internet connectivity; and WHEREAS, there have been recent changes to the mandates of the Telecommunications Act of 1996, the Middle Class Tax Relief and Job Creation Act of 2012, and other applicable 2 federal and state laws, including, but not limited to, Minnesota Statutes Sections 237.162 and 237.163, that require the city to update its wireless regulations; and WHEREAS, a mechanism for the permitting of small wireless facilities, micro wireless facilities, and distributed antenna systems telecommunication uses is in the best interest of the citizens of the city; The City Council of the City of Saint Anthony Village ordains as follows: Section One. The City of Saint Anthony Village City Code Title IX is hereby amended to add a new Chapter 98 as follows. Chapter 98: Small Wireless Facilities 98.010 Purpose. A) General Purpose. The purpose of this Chapter is to establish specific requirements for obtaining a small wireless facility permit for the installation, mounting, modification, operation, and replacement of small wireless facilities and installation or replacement of wireless support structures by commercial wireless providers on public and private property, including in the public right-of-way. A small wireless facility permit issued under this Chapter does not abrogate any other requirements imposed under another Title of the City Code of the City of Saint Anthony Village. B) This Chapter does not apply to any wireline facilities, including wireline backhaul facilities. A wireless provider must obtain an excavation permit or an obstruction permit, as needed, pursuant to Section 96.09 of the City Code of the city of Saint Anthony Village or other applicable authorization for use of the public right-of-way to construct, install, replace, or modify any wireline backhaul facility, such as fiber optic cable. The granting of a small wireless facility permit pursuant to this Chapter is not a grant of such authorization. 98.020 Definitions In this Chapter, the following terms shall have the meaning ascribed to them below: A) APPLICABLE LAW. All applicable federal, state, and local laws, codes, rules, regulations, orders, and ordinances, as the same be amended or adopted from time to time. B) APPLICANT. Any person submitting a small wireless facility permit Application under this Chapter. C) CITY. The city of Saint Anthony Village, Minnesota. D) 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 that is owned privately or by the city. 3 E) DAYS. Shall be counted in calendar days unless otherwise specified. When the day, or the last day, for taking any action or paying any fee falls on Saturday, Sunday, or a Federal holiday, the action may be taken, or the fee paid, on the next succeeding secular or business day. F) DECORATIVE POLE. A utility pole owned, managed, or operated by or on behalf of the city or any other governmental entity that: (a) is specifically designed and placed for an aesthetic purpose; and (b)(i) on which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than: (A) a small wireless facility, (B) a specialty designed informational or directional sign; or (C) a temporary holiday or special event attachment; or (ii) on which no appurtenance or attachment has been placed, other than: (A) a small wireless facility, (B) a specialty designed informational or directional sign; or (C) a temporary holiday or special event attachment. G) DEPARTMENT. The department of Public Works of the city. H) DESIGN DISTRICT. Any district within the city within which architectural design elements are required. I) DIRECTOR. The director of the department. J) EXCAVATE. To dig into or in any way remove, physically disturb, or penetrate a part of a public right-of-way. K) FCC OR COMMISSION. The Federal Communications commission. L) HISTORIC DISTRICT. A geographically definable area, urban or rural, that possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically during the period of significance but linked by association or function. M) MICRO WIRELESS FACILITY. A small wireless facility that is no larger than twenty- four (24) inches long, fifteen (15) inches wide, and twelve (12) inches high, and whose exterior antenna, if any, is no longer than eleven (11) inches. N) OBSTRUCT. To place a tangible object in a public right-of-way so as to hinder free and open passage over that or any part of the public right-of-way. O) PERMITTEE. A person that has been granted a small wireless facility permit by the department. P) PERSON. Any individual, group, company, partnership, association, joint stock company, trust, corporation, society, syndicate, club, business, or governmental entity. “person” shall not include the city. 4 Q) PUBLIC RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easement of the city. R) SMALL WIRELESS FACILITY. (a) a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six (6) cubic feet; and (ii) all other wireless equipment associated with the small wireless facility, excluding 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, is in aggregate no more than twenty-eight (28) cubic feet in volume; or(b) a micro wireless facility. S) SMALL WIRELESS FACILITY PERMIT. A permit issued by the department authorizing the installation, mounting, maintenance, modification, operation, or replacement of a small wireless facility or installation or replacement of a wireless support structure in addition to collocation of a small wireless facility on the wireless support structure. T) UTILITY POLE. A pole that is used in whole or in part to facilitate telecommunications or electric service. It does not include a traffic signal pole. U) WIRELINE BACKHAUL FACILITY. A facility used to transport communications data by wire from wireless facility to a communications network. V) WIRELESS FACILITY. Equipment at a fixed location that enables the provision of wireless service between user equipment and a wireless service network, including: (a) equipment associated with wireless service; (b) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (c) a small wireless facility. “wireless facility” does not include: (a) wireless support structures; (b) wireline backhaul facilities; or (c) Coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) that are not otherwise immediately adjacent to or directly associated with a specific antenna. W) WIRELESS PROVIDER. A provider of wireless service, including, but not limited to, radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves and which permits a user generally to receive a call that originates and/or terminates on the public switched network or its functional equivalent, regardless of the radio frequencies used. X) 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 5 under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522, clause (6). Y) WIRELESS SUPPORT STRUCTURE. A new or existing structure in a public right-of- way designed to support or capable of supporting small wireless facilities, including, but not limited to, a utility pole or a building, as reasonably determined by the department. 98.030 small wireless facility permit Applications. A) Application Form. The director shall develop and make publicly available a form application. To the extent possible, the director shall allow for applications to be consolidated pursuant to this Section. A complete application must be submitted for each small wireless facility permit desired. B) Consolidated Applications. A wireless provider may apply for up to 15 small wireless facility permits in a consolidated application, provided all small wireless facilities in the consolidated application are located within a two-mile radius, consist of substantially similar equipment, and are to be collocated on similar types of wireless support structures. The department shall review a consolidated application as allowed by this Chapter. If necessary, the applied for small wireless facility permits in a consolidated application may be approved or denied individually, but the department may not use the denial of one or more permits as a basis to deny all small wireless facility permits in a consolidated application. Any small wireless facility permits denied in a consolidated application shall be subject to a single appeal. C) Information Not Required. The department shall not require an applicant to provide any information that: 1. Has previously been provided to the department by the applicant in a small wireless facility permit application, if the applicant provides specific reference to the previous application containing the information sought by the department and the previous information remains unchanged; and 2. Is not reasonably necessary to review a small wireless facility permit application for compliance with generally applicable and reasonable health, safety, and welfare regulations, and to demonstrate compliance with applicable Federal Communications commission regulations governing audio frequency exposure, or other information required by this Chapter. 98.040 Establishment of General Standards. A) General Standards. The director shall establish and maintain a set of standards for the installation, mounting, maintenance, modification, operation, or replacement of small wireless facilities and placing new or replacement wireless support structures in the public right-of-way applicable to all permittees under this Chapter (the “general standards”). The general standards shall include, but not be limited to, information to be required in a small wireless facility permit application, design standards, construction standards, aesthetic 6 standards, a form application, permitting conditions, insurance and security requirements, and rates and fees. B) Design Standards. Any design standards established by the director shall be: (a) reasonable and nondiscriminatory, and (b) include additional installation and construction details that do not conflict with this Chapter, including, but not limited to, a requirement that: (i) an industry standard pole load analysis be completed and submitted an the city, indicating that the wireless support structure to which the small wireless facility is to be attached will safely support the load, and (ii) small wireless facility equipment on new and existing wireless support structures be placed higher than fifteen (15) feet above ground level. The director shall additionally include the following in any design standards established under this Chapter: 1. Any wireless support structure installed in the public right-of-way after May 31, 2017 may not exceed fifty (50) feet above ground level, unless the city agrees to a greater height, subject to local zoning regulations, and may be subject to separation requirements in relation to other wireless support structures. 2. Any wireless support structure replacing an existing wireless support structure that is more than fifty (50) feet above ground level may be placed at the height of the existing wireless support structure, unless the city agrees to a greater height, subject to zoning regulations. 3. wireless facilities constructed in the public right-of-way after May 31, 2017 may not extend more than ten (10) feet above an existing wireless support structure in place as of May 31, 2017. 4. If necessary to collocate a small wireless facility, a wireless provider may replace a decorative pole, if the replacement pole reasonably conforms to the design and aesthetic qualities of the displaced decorative pole. 5. A wireless provider shall comply with the city’s requirements to install facilities underground, including, without limitation, compliance with Section 96.25(A) of the City Code of the City of Saint Anthony Village. 6. All small wireless facilities collocated or wireless support structures installed in a design district or historic district shall comply with any design or concealment or other measures required by the city. C) Construction Standards. Any construction standards established by the director shall include at least the following terms and conditions: 1. Compliance with applicable law. To the extent this requirement is not preempted or otherwise legally unenforceable, a permittee shall comply with all applicable law and applicable industry standards. 2. Prevent Interference. A permittee shall collocate, install, and continuously operate any authorized small wireless facilities and wireless support structures in a manner 7 that prevents interference with other wireless facilities and other facilities in the Right-of-Way and the operation thereof. With appropriate permissions from the department, a permittee shall, as is necessary for the safe and reliable operation, use, and maintenance of an authorized small wireless facility or wireless support structure, maintain trees as prescribed by standards promulgated by the department. 3. Other Rights Not Affected. A permittee shall not construe a contract, permit, correspondence, or other communication from the city as affecting a right, privilege, or duty previously conferred or imposed by the department to or on another person. 4. Restoration. A permittee, after any excavation of a public right-of-way, shall provide for restoration of the affected public right-of-way and surrounding areas, including the pavement and its foundation, to the same condition that existed before the excavation. If a permittee fails to adequately restore the public right-of-way within a specified date, the department may: a) itself restore the public right-of-way and recover from the permittee the reasonable costs of the surface restoration; or b) recover from the permittee a reasonable degradation fee associated with a decrease in the useful life of the public right-of-way caused by the excavation. A permittee that disturbs uncultivated sod in the excavation or obstruction of the public right-of-way shall plant grasses that are native to Minnesota and, wherever practicable, that are of the local eco-type, as part of the restoration required under this Section, unless the owner of the real property over which the public right-of- way traverses objects. In restoring the public right-of-way, the permittee shall consult with the department of Wildlife Conservation regarding the species of native grasses that conform to the requirements of this paragraph. 5. permittee’s Liability. A permittee is solely responsible for the risk and expense of the collocation of the permittee’s small wireless facility and installing or replacing the permittee’s wireless support structure. The city neither warrants nor represents that any area within the public right-of-way is suitable for such collocation or installation or replacement. A permittee shall accept the public right-of-way “as is” and “where is” and assumes all risks related to any use. The city is not liable for damage to small wireless facilities due to an event of damage to a wireless support structure in the public right-of-way. 98.050 small wireless facility Application Review Process. A) Eligibility for Review. An application shall be eligible for review if the application conforms to the general standards adopted by the director. B) Authorization. A small wireless facility permit issued pursuant to any application processed hereunder shall authorize: (1) the installation, mounting, modification, 8 operation, and replacement of a small wireless facility in the public right-of-way or city- owned property; or (2) construction of a new, or replacement of an existing, wireless support structure, and collocation of a small wireless facility on the wireless support structure. C) Review Process. An application submitted pursuant to this Section shall be reviewed as follows: 1. Submission of Application. An applicant shall submit a complete application accompanied by the appropriate application fee as set forth in Section 98.150 (Fees and Costs) to the department. Prior to submitting a small wireless facility permit Application, an applicant shall inspect any wireless support structure on which it proposes to collocate a small wireless facility and determine, based on a structural engineering analysis by a Minnesota registered professional engineer, the suitability of the wireless support structure for the proposed collocation. The structural engineering analysis shall be submitted to the department with the application, and shall certify that the wireless Support structure is capable of safely supporting the proposed small wireless facility considering conditions at the proposed location, including the condition of the public right-of-way, hazards from traffic, exposure to wind, snow and/or ice, and other conditions affecting the proposed small wireless facility that may be reasonably anticipated. 2. Application Review Period. The department shall, within sixty (60) days after the date a complete application for the collocation is submitted to the department, issue or deny a small wireless facility permit pursuant to the application. The department shall, within ninety (90) days after the date a complete application for a new or replacement wireless support structure in addition to the collocation of a small wireless facility is submitted to the department, issue or deny a small wireless facility permit pursuant to the application. If the department receives applications within a single seven-day period from one or more applicants seeking approval of small wireless facility permits for more than thirty (30) small wireless facilities or ten (10) wireless support structures, the department may extend the 90-day review period of this Chapter by an additional 30 days. If the department elects to invoke this extension, it must inform in writing any applicant to whom the extension will be applied. 3. Completeness Determination. The department shall review a small wireless facility permit Application for completeness following submittal. The department shall provide a written notice of incompleteness to the applicant within ten (10) days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the department’s determination of whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request complies with this Chapter and applicable Standards promulgated by the department. If an applicant fails to 9 respond to the department’s notice of incompleteness within ninety (90) days, the Application shall be deemed expired and no small wireless facility permit shall be issued. Upon an applicant’s submittal of additional documents or information in response to a notice of incompleteness, the department shall within ten (10) days of submission notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were not delineated in the original notice of incompleteness. 4. Reset and Tolling of Review Period. In the event that a small wireless facility permit Application is incomplete, and the department has provided a timely and complete written notice of incompleteness, then the applicable review period shall be reset, pending the time between when a notice is mailed and the submittal of information in compliance with the notice. Subsequent notices shall toll the applicable review period. An applicant and the department can mutually agree in writing to toll the applicable review period at any time. 5. Moratorium Prohibited. Notwithstanding any applicable law to the contrary, including, but not limited to, Minnesota Statutes Sections 394.34 and 462.355, the department shall not establish any moratorium with respect to the filing, receiving, or processing of applications for small wireless facility permits, or issuing or approving small wireless facility permits. 6. Nondiscriminatory Processing of Applications. The department shall ensure that any application processed under this Chapter is performed on a nondiscriminatory basis. 7. Permit Not Required. A permittee shall provide 30 days advance written notice to the department, but shall not be required to obtain a small wireless facility permit, or pay an additional small wireless facility permit fee for: a) routine maintenance; b) the replacement of a small wireless facility with a small wireless facility that is substantially similar to or smaller in size; or c) the installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles, in compliance with the National Electrical Safety Code. 98.060 Small Wireless Facility Permit Conditions. A) General Conditions of Approval. In processing and approving a small wireless facility permit, the department shall condition its approval on compliance with: 1. Generally applicable and reasonable health, safety, and welfare regulations consistent with the city’s public right-of-way management; 10 2. Reasonable accommodations for a decorative pole; 3. Any reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in the public right-of-way; 4. Construction of the proposed small wireless facility within six (6) months from the date the small wireless facility permit is issued; 5. Obtaining additional authorization for use of the public right-of-way for the construction of wireline backhaul facilities or any other wired facilities; 6. Compliance with the city’s general standards; and 7. Compliance with all applicable law. B) Generally Applicable and Reasonable Health, Safety, and Welfare Regulations. Generally applicable and reasonable health, safety, and welfare regulations for purposes of this Section include, without limitation, the following: 1. A structural engineering analysis by a Minnesota registered professional engineer certifying that a wireless support structure can reasonably support a proposed small wireless facility considering the conditions of the street, the anticipated hazards from traffic to be encountered at the proposed location, and any wind, snow, ice, or other conditions that may be reasonably anticipated at the proposed location; 2. A determination by the department that, based upon reasonable engineering judgment, a proposed small wireless facility is of excessive size or weight or would otherwise subject a wireless support structure to an unacceptable level of stress; 3. A determination by the department that, based upon reasonable engineering judgment, a proposed small wireless facility would cause undue harm to the reliability or integrity of the city’s electrical infrastructure or would likely violate generally applicable electrical or engineering principles; 4. A determination by the department that a proposed small wireless facility presents an unreasonable safety hazard as specifically and reasonably identified by the department; 5. A determination by the department that a proposed small wireless facility impairs the city’s ability to operate or maintain the public right-of-way; or 6. A determination by the department that a proposed small wireless facility cannot be placed due to insufficient capacity and the infrastructure cannot be modified or enlarged consistent with the requirements of this Chapter and the department’s General Standards; 7. A determination by the department that a proposed small wireless facility is in violation of the National Electric Safety Code or applicable law. 11 C) Authorized Use. An approval of a small wireless facility permit under this Section authorizes the collocation of a small wireless facility on an existing wireless support structure to provide wireless services, or the installation or replacement of a wireless support structure and collocation of a small wireless facility, and shall not be construed to confer authorization to: 1. provide any service other than wireless service; 2. construct, install, maintain, or operate any small wireless facility or wireless support structure in a Right-of-Way other than the approved small wireless facility or wireless support structure; or 3. install, place, maintain, or operate a wireline backhaul facility in the public right- of-way. D) Other permits Required. Any person desiring to obstruct or perform excavation in a public right-of-way within the city for purposes of collocating a small wireless facility or installing or replacing a wireless support structure shall, consistent with Section 96.09 of the City Code of the City of Saint Anthony Village, obtain the necessary permit from the city prior to conducting any such activities. E) Exclusive Arrangements Prohibited. The city shall not enter into an exclusive arrangement with any person for use of a public right-of-way for the collocation of a small wireless facility or for the installation or operation of a wireless support structure. F) Unauthorized Small Wireless Facility. No person shall install, mount, modify, operate, or replace a small wireless facility in the public right-of-way or on city-owned property, or install or replace a wireless support structure without first obtaining a small wireless facility permit from the city. 1. If an unauthorized small wireless facility or wireless support structure is discovered, the department shall provide written notice to the owner of the unauthorized small wireless facility within five (5) days of discovery of the unauthorized small wireless facility. If an owner of an unauthorized small wireless facility or wireless support structure cannot be reasonably identified, the department need not provide any written notice. 2. If the owner of an unauthorized small wireless facility or wireless support structure can be reasonably identified, the department may remove the unauthorized small wireless facility or wireless support structure without incurring liability to the owner of the small wireless facility or wireless support structure and at the owner’s sole expense no sooner than five (5) days after providing notice of the department’s discovery of the unauthorized small wireless facility or wireless support structure to the owner. 3. If the owner of an unauthorized small wireless facility or wireless support structure cannot be reasonably identified, the department may remove the unauthorized small wireless facility or wireless support structure without incurring liability to the 12 owner of the small wireless facility or wireless support structure and at the owner’s sole expense. G) Relocation. The department may require a permittee to relocate or modify a small wireless facility or wireless support structure in a public right-of-way or on city-owned property in a timely manner and at the permittee’s cost if the department determines that such relocation or modification is required to protect public health, safety and welfare, or to prevent interference with other facilities authorized pursuant to this chapter, or to prevent interference with public works projects of the department. H) Security Required. Each permittee shall submit and maintain with the department a bond, cash deposit, or other security acceptable to the department, in a form and amount determined by the department in accordance with the general standards, securing the faithful performance of the obligations of the permittee and its agents under any and all small wireless facility permits issued to the permittee under this Chapter. If, in accordance with this Chapter, the department deducts any amounts from such security, the permittee must restore the full amount of the security prior to the department’s issuance of any subsequent small wireless facility permit. The department shall return or cancel the security should the permittee cease to operate any small wireless facilities in the public right-of- way. I) Payment of Fees Required. A small wireless facility permit shall not be issued prior to the complete payment of all applicable Fees. J) Notice of Assignment Required. A permittee upon or within ten (10) calendar days after transfer, assignment, conveyance, or sublet of an attachment that changes the permit and/or billing entity or ownership responsibilities shall provide written notification to the department. 98.070 Small Wireless Facility Permit Term. A) Term. A small wireless facility permit for a small wireless facility in the public right-of- way shall have a term equal to the length of time that the small wireless facility is in use, unless the small wireless facility permit is revoked under this Chapter or is otherwise allowed to be limited by applicable law. The term for all other small wireless facility permits shall be for a period of up to ten (10) years. 98.080 Denial or Revocation of a Small Wireless Facility Permit. A) Permit Denial. The department may deny any small wireless facility permit if the applicant does not comply with all provisions of this Chapter, or if the department determines that the denial is necessary to protect public health, safety, and welfare, or when necessary to protect the public right-of-way and its current use. B) Permit Revocation. The department may revoke a small wireless facility permit, with or without refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule, or regulation, or any material condition of the small wireless facility permit. A substantial breach includes, but is not limited to, the following: 13 1. a material violation by act or omission of a provision of a small wireless facility permit; 2. an evasion or attempt to evade any material provision of a small wireless facility permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; 3. a material misrepresentation of fact in a small wireless facility permit application; 4. a failure to correct, in a timely manner, collocation of a small wireless facility or installation or replacement of a wireless support structure that does not conform to applicable standards, conditions, or codes, upon inspection and notification by the department of the faulty condition; 5. a permittee fails to make timely payments of any fees due, and does not correct such failure within twenty (20) days after receipt of written notice by the city of such failure; 6. a permittee becomes insolvent, unable or unwilling to pay its debts, is adjudged bankrupt, or all or part of its small wireless facilities or wireless support structures are sold under an instrument to secure a debt and is not redeemed by the permittee within sixty (60) days; or 7. a failure to complete collocation of a small wireless facility or installation, modification, or replacement of a wireless support structure within two-hundred seventy (270) days of the date a small wireless facility permit authorizing such activity is granted, unless the department and the permittee agree to extent the two- hundred seventy day period or there is a lack of commercial power or communications transport infrastructure to the installation site. C) Written Notice Required. Any denial or revocation of a small wireless facility permit shall be made in writing and shall document the basis for the denial or revocation. The department shall notify the applicant or permittee in writing within three (3) days of a decision to deny or revoke a small wireless facility permit. If a small wireless facility permit application is denied, the applicant may cure the deficiencies identified by the department and submit its Application. If the applicant resubmits the application within thirty (30) days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The department must approve or deny the revised application within thirty (30) days after the revised application is submitted. If small wireless facility permit is revoked, the small wireless facility or wireless support structure shall be subject to removal in accordance with Section 98.110 (Removal of a small wireless facility or wireless support structure). 98.090 City Inspection of a Small Wireless Facility or Wireless Support Structure. A) Inspection permitted. The department may inspect, at any time, a permittee’s collocation of a small wireless facility or installation or replacement of a wireless support structure. The department shall determine during an inspection whether the permittee’s small 14 wireless facility or wireless support structure is in accordance with the requirements of the permittee’s applicable small wireless facility permit and other applicable law. B) Suspension of Activities. During an inspection, if the department determines that a permittee has violated any material term of the permittee’s small wireless facility permit or this Chapter, the department may suspend the permittee’s small wireless facility permit. The department shall provide prompt written notice of any suspension to a permittee, including the violations giving rise to the suspension. A suspension under this Paragraph is effective until a permittee corrects the alleged violation(s), at the permittee’s sole expense. If the violation(s) are not corrected within thirty (30) days after the date of such notice, the small wireless facility or wireless support structure shall be subject to removal in accordance with Section 98.110 (Removal of a small wireless facility or wireless support structure). A permittee may appeal any suspension issued under this paragraph to the department as provided in Section 98.120 (Appeals). 98.100 Abandonment. A) Abandoned Small Wireless Facilities and Wireless Support Structures. Where a small wireless facility or wireless support structure is not properly maintained or has not been used for the primary purpose of providing wireless services for twelve (12) consecutive months, the department may designate the small wireless facility or wireless support structure as abandoned. The department shall provide written notice to a permittee within ten (10) days of the permittee’s small wireless facility or wireless support structure being designated as abandoned. 98.110 Removal of a Small Wireless Facility or Wireless Support Structure. A) Removal permitted. The department may remove, at permittee’s expense, or require a permittee to remove, any small wireless facility or wireless support structure if: 1. The small wireless facility permit or wireless support structure permit is revoked under this Chapter or expires without renewal; or 2. The small wireless facility or wireless support structure is designated by the department as abandoned under Section 98.100 (Abandonment). B) Notice to permittee; Time to Remove. The department shall provide written notice to the permittee that it must remove a small wireless facility or wireless support structure under this section, including the reasons therefor. If the permittee does not remove the small wireless facility or wireless support structure within thirty (30) days after the date of such notice, the department may remove it at the permittee’s expense without further notice to the permittee. 98.120 Appeals. A) Appeal. An applicant or permittee may have the denial or revocation of a small wireless facility permit, or fees and costs required by this Chapter reviewed, upon written request, by the City Council or its designee. The City Council or its designee shall act on a timely 15 written request at its next regularly scheduled meeting. A decision by the City Council or its designee affirming a denial, revocation, or fee shall be in writing and supported by written findings establishing the reasonableness of the decision. 98.130 Insurance. A) Minimum Coverage. The department shall require that each permittee maintain in full force and effect, throughout the term of a small wireless facility permit, an insurance policy or policies issued by an insurance company or companies satisfactory to the city's risk manager. Such policy or policies shall, at a minimum, afford insurance covering all of the permittee’s operations, vehicles, employees, agents, subcontractors, successors, and assigns as follows: 1. Workers' compensation, in statutory amounts, with employers' liability limits not less than $500,000 each accident, injury, or illness; 2. Commercial general liability insurance with limits not less than $2,000,000 each occurrence combined single limit for bodily injury and property damage, including contractual liability, personal injury, products and completed operations; 3. Commercial automobile liability insurance with limits not less than $2,000,000 each occurrence combined single limit for bodily injury and property damage, including owned, non-owned and hired auto coverage, as applicable; and 4. Contractors' pollution liability insurance, on an occurrence form, with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage and any deductible not to exceed twenty-five thousand dollars ($25,000) each occurrence. B) Insurance Requirements. Each permittee’s insurance policy or policies are subject to the following: 1. Said policy or policies shall include the city and its officers and employees jointly and severally as additional insureds, shall apply as primary in surance, shall stipulate that no other insurance effected by the city will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests. 2. Said policy or policies shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period. 3. Said policy or policies shall be endorsed to provide thirty (30) calendar days advance written notice of cancellation or any material change to the department. 4. Should any of the required insurance be provided under a claims-made form, a permittee shall maintain such coverage continuously throughout the term of a small 16 wireless facility permit, and, without lapse, for a period of three (3) years beyond the expiration or termination of the small wireless facility permit, to the effect that, should occurrences during the term of the small wireless facility permit give rise to claims made after expiration or termination of the small wireless facility permit, such claims shall be covered by such claims-made policies. 5. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified herein. C) Indemnity Obligation. Such insurance shall in no way relieve or decrease a permittee’s or its agent’s obligation to indemnify the city pursuant to this Chapter. D) Proof of Insurance. Before the department will issue a small wireless facility permit, an applicant shall furnish to the department certificates of insurance and additional insured policy endorsements with insurers that are authorized to do business in the State of Minnesota and that are satisfactory to the department evidencing all coverages set forth herein. 98.140 Indemnification and Defense of city. A) Indemnification of city. As a condition of issuance of a small wireless facility permit, each permittee agrees on its behalf and on behalf of its agents, successors, or assigns, to indemnify, defend, protect, and hold harmless the city from and against any and all claims of any kind arising against the city as a result of the issuance of the small wireless facility permit including, but not limited to, a claim allegedly arising directly or indirectly from the following: 1. Any act, omission, or negligence of a permittee or its any agents, successors, or assigns while engaged in the permitting or collocation of any small wireless facility or installation or replacement of any wireless support structure, or while in or about the public right-of-way that are subject to the small wireless facility permit for any reason connected in any way whatsoever with the performance of the work authorized by the small wireless facility permit, or allegedly resulting directly or indirectly from the permitting or collocation of any small wireless facility or installation or replacement of any wireless support structure authorized under the small wireless facility permit; 2. Any accident, damage, death, or injury to any of a permittee's contractors or subcontractors, or any officers, agents, or employees of either of them, while engaged in the performance of collocation of any small wireless facility or installation or replacement of any wireless support structure authorized by a small wireless facility permit, or while in or about the public right-of-way that are subject to the small wireless facility permit, for any reason connected with the performance of the work authorized by the small wireless facility permit, including from exposure to radio frequency emissions; 17 3. Any accident, damage, death, or injury to any person or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the collocation of any small wireless facility or installation or replacement of any wireless support structure authorized by a small wireless facility permit, or while in or about the public right-of-way that are subject to the small wireless facility permit, from any causes or claims arising at any time, including any causes or claims arising from exposure to radio frequency emissions; and 4. Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by a permittee or its agents about, in, on, or under the public right-of-way. B) Defense of City. Each permittee agrees that, upon the request of the department, the permittee, at no cost or expense to the city, shall indemnify, defend, and hold harmless the city against any claims as set forth in this Section, regardless of the alleged negligence of the city or any other party, except only for claims resulting directly from the sole negligence or willful misconduct of the city. Each permittee acknowledges and agrees that it has an immediate and independent obligation to defend the city from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to the permittee or its agent by the city and continues at all times thereafter. Each permittee further agrees that the city shall have a cause of action for indemnity against the permittee for any costs the city may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a small wireless facility permit, except only for claims resulting directly from the sole negligence or willful misconduct of the city. Each permittee further agrees that the indemnification obligations assumed under a small wireless facility permit shall survive its expiration or completion of collocation of any small wireless facility authorized by the small wireless facility permit. C) Additional Requirements. The department may specify in a small wireless facility permit such additional indemnification requirements as are necessary to protect the city from risks of liability associated with the permittee's collocation of any small wireless facility or installation or replacement of any wireless support structure. 98.150 Fees and Costs. A) Application Fees. The department shall charge a fee for reviewing and processing a small wireless facility permit application. These fees shall be identified in Chapter 33 of the St. Anthony Village City Code. The purpose of this fee is to enable the department to recover its costs directly associated with reviewing a small wireless facility permit Application. Commencing January 1, 2020, the department shall adjust the Application Fees annually by the consumer price index for the Minneapolis-St. Paul area. B) Annual Small Wireless Facility Permit Fee. The department shall charge an annual small wireless permit fee for each small wireless facility permit issued to a permittee. The Annual small wireless permit fee shall be determined by the director and listed in the city’s fee 18 schedule. The annual small wireless permit fee shall be based upon the recovery of the city’s rights-of-way management costs. C) City-Owned Wireless Support Structure Fees. The department shall charge a fee or fees to the owner of any small wireless facility collocated on a wireless support structure owned by the city or its assigned located on the public rights-of-way. These fees shall be identified in Chapter 33 of the St. Anthony Village City Code. D) City-Owned Property Fees. The department shall charge an annual fee for collocating small wireless facilities on city-owned property not located in the public right-of-way. The department shall determine a reasonable and nondiscriminatory annual fee on a per location and per request basis. E) Discretion to Require Additional Fees. In instances where the review of a small wireless facility permit Application is or will be unusually costly to the department, the director, in his or her discretion, may, after consulting with other applicable city departments, agencies, boards, or commissions, require an applicant to pay a sum in excess of the other fee amounts charged pursuant to this Section. This additional sum shall be sufficient to recover the actual, reasonable costs incurred by the department and/or other city departments, agencies, boards, or commissions, in connection with a small wireless facility permit Application and shall be charged on a time and materials basis. Whenever additional fees are charged, the director, upon request, shall provide in writing the basis for the additional fees and an estimate of the additional fees. The department may not require a fee imposed under this Chapter through the provision of in-kind services by an applicant as a condition of consent to use to city’s public right-of-way or to obtain a small wireless facility permit. F) Reimbursement of City Costs. The department may determine that it requires the services of an expert in order to evaluate a small wireless facility permit Application. In such cases, the department shall not issue a small wireless facility permit pursuant to the Application unless the applicant agrees to reimburse the department for the actual, reasonable costs incurred for the services of a technical expert. 98.160 Severability. A) Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. Effective Date: This ordinance shall become effective as of its publication. First Reading: Second Reading: Adopted: 19 CITY OF SAINT ANTHONY VILLAGE By: ____________________________ Jerome O. Faust, Mayor ATTEST By: ____________________________ Nicole Miller, City Clerk Publish: Saint Anthony Bulletin Publication Date: THIS PAGE LEFT INTENTIONALLY BLANK Small Wireless Aesthetic Standards Findings The City desires the most advanced and highest quality wireless services available. The City also wishes to minimize the negative impacts associated with wireless facility deployments including small wireless facilities. Such negative impacts may include interference with right-of-way sight lines, aesthetic impacts that are inconsistent with the surrounding area, fall zone and clear zone risks, navigation obstacles, interference with future right-of-way improvement or transportation improvement plans, interference with the installation or maintenance of other utilities, and increased visual or noise pollution. To address such impacts, any person desiring to collocate small wireless facilities or place new wireless support structures in the right-of-way must first obtain a small wireless facility permit pursuant to the City’s right-of-way ordinance, Code Section. Moreover, any person seeking to collocate small wireless facilities on an existing wireless support structure owned or controlled by the City must first enter a standard collocation agreement. The following aesthetic standards and requirements are intended to maintain the City’s aesthetic environment while also allowing for the availability wireless services, including broadband and “5G” services, using small wireless facilities. These standards are intended to establish clear and consistent aesthetic standards for small wireless facility placements in the City and establish a streamlined review and approval process. The City will make these standards publicly available. These standards apply to all small wireless facility permit applications for placement of small wireless facilities on City-owned and non-City-owned support structures (poles), and the placement or replacement of small wireless support structures in the public right-of-way. Compliance with these standards is a requirement for, and condition of, issuance of a small wireless facility permit. Any installation that does not conform to these standards will be in violation of the associated permit and the City’s right-of-way ordinance. In addition to the following standards, the placement of new support structures for small wireless facilities shall be subject to any conditions specified in the small wireless facility permit. Applications to install small wireless facilities or place new support structures in districts zoned for residential uses or within a historic district established by federal or state law or city ordinance, shall further be subject to any conditions contained in the required conditional use permit authorizing such installation. With respect to City-owned support structures, these standards additionally seek to: 1. establish a menu of design options for providers to select from when applying for new small wireless facility permits associated with City support structures. 2. minimize unnecessary placement of new poles by encouraging co-location of small wireless facilities. 2   3. in situations where City support structures will be replaced, require that the structures be of a stealth design such that the maximum amount of facilities, including any wiring, are concealed inside the structure. 4. in situations where attachments will be made to existing poles, require that facilities, equipment, cabling, and conduit be concealed through the use of approved shrouding or camouflaging. Section 1. Site Plans Applicants must submit site plans, elevation drawings and structural calculations prepared and signed by a Professional Engineer licensed by the State of Minnesota as detailed below. Site plans must depict any adjoining or nearby existing wireless facilities, with all existing transmission equipment identified; neighboring public improvements; the proposed small wireless facility, with all proposed transmission equipment and other improvements, and; the boundaries of the area surrounding the proposed facility and any associated access or utility easements and setbacks. Site plans must further include: 1. Photo Simulations: For all applications, photo simulations must be included. Such photo simulations must be from at least three line-of-site locations near the proposed project site depicting the viewpoints of the greatest pedestrian or vehicular traffic. 2. Equipment Specifications: For all equipment depicted on the plans, the applicant must include: a. the manufacturer’s name and model number; b. physical dimensions including, without limitation, height, width, depth, volume and weight with mounts and other necessary hardware; c. technical rendering of all external components, including enclosures and all attachment hardware; and d. a selection from the City’s approved aesthetic standards. Section 2. Design Standards The City desires to promote aesthetically acceptable and area conforming wireless facilities using the smallest and least intrusive means available to provide small wireless services to the community. All facilities in the public right-of-way must comply with all applicable provisions in this section. Antennas: Antennas must be top-mounted and concealed within a radome (a structural, weatherproof enclosure that protects an antenna and is constructed of material that minimally 3   attenuates the signal transmitted/received by such antenna) or otherwise concealed to the extent feasible. Cable connections, antenna mounts and other hardware must also be concealed. The radome or other concealment must be non-reflective and painted or otherwise colored to match the existing support structure. Collocation: Collocations between wireless service providers on the same support structure is required wherever feasible. If an applicant chooses to not collocate in areas where options are or appear to be available, the applicant must document that collocation is infeasible. Concealment: Concealment elements must be incorporated into the proposed design of the small wireless facility installation, and must include approved camouflaging or shrouding techniques. Pole-Mounted Equipment Cages/Shrouds: When facilities are permitted to be pole- mounted, facilities other than the antenna(s), electric meter and disconnect switch must be concealed within an equipment shroud. The facilities must be installed at a height that presents the least aesthetic impact, but in no event lower than [fifteen (15’)??] feet above ground level. The equipment shroud must be non-reflective and painted, wrapped or otherwise colored to match the support structure. Shrouds must be mounted flush to the support where feasible. Standoff mounts must provide the minimum separation distance from the support structure necessary for feasibility. New Poles: New support structures must be the same color as neighboring, similar support structures and of the same design characteristics. Ground-Mounted Equipment: Ground-mounted equipment must be installed below grade or, if technically necessary, concealed in a ground-mounted cabinet. In addition to any applicable requirements in the City’s right-of-way ordinance, Code Section, ground mounted cabinets must: 1. be installed flush to the ground; 2. be the same color as neighboring, similar support cabinets or other ground-mounted structures; 3. on or adjoining sidewalks, trails, or other similar passageways, not interfere in any way with the flow of pedestrian, bicycle or vehicular traffic; 4. conform to the American’s with Disabilities Act (ADA) including with respect to appropriate sidewalk spacing; and 5. not create a safety hazard; Lights: Unless otherwise required for compliance with FAA or FCC regulations, small wireless facilities shall not include any lights or lighting. This subsection does not prohibit installations on streetlights or the installation of luminaires or additional street lighting on new support structures if and where required by the City. 4   Section 3. Location Criteria Obstructions: Any new support structure or other facilities associated with a new or existing support structure must not obstruct access to: 1. any existing above-ground or underground right-of-way user facilities, or public facilities; 2. any public infrastructure for traffic control, streetlight or public transportation purposes, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; 3. any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop (including, without limitation, bus stops, streetcar stops, and bike share stations); 4. fire hydrants; 5. any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the right-of-way; and/or 6. any fire escapes. Section 4. New and Replacement Support Structures New Support Structures: Any new support structures shall be placed: 1. a minimum of feet from any existing support structure or pole, and 2. at a distance which is the same as the prevailing separation distance among existing structures and poles in the surrounding vicinity as agreed upon by the applicant and City, or determined by the City where agreement cannot be reached. 3. as functional streetlights as the City may require, in its reasonable discretion. 4. in alignment with existing trees, utility poles, and streetlights. 5. an equal distance between trees when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree. 6. with appropriate clearance from existing utilities. 7. outside of a 20-foot equipment clear zone (for base cabinets less than 18-inches in diameter) or 30-foot clear sight triangle (for base cabinets equal to or greater than 18-inches in diameter) at intersection corners. 5   8. so as not to be located along the frontage of a Historic building, deemed historic on a federal, state, or local level. 9. so as not to significantly create a new obstruction to property sight lines. 10. at shared property lines if feasible. 11. not within feet of the apron of a fire station or other emergency service responder facility. Replacement of City-Owned Support Structures: Any replaced support structures shall remain in their existing location unless otherwise permitted by the City. Replacement pole height shall not exceed 50 feet, or the height of the existing pole, whichever is greater. New and Replacement Structures. All support structures must:  be constructed of aluminum or steel.  where constructed as a light pole, luminaire(s) and luminaire arm(s) must match adjacent city lighting standard and must contain an LED fixture in accordance with City specifications. Section 5. Menu of Options The Director has pictures and profile drawings representing appropriate installation designs for small wireless facilities installations on new and existing support structures in the right of way. THIS PAGE LEFT INTENTIONALLY BLANK Right-of-Way Management 1     CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA ORDINANCE NO. _____ 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. 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. Right-of-Way Management 3     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. 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. 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. Any tangible asset used to install, repair, or maintain facilities in any right-of-way. 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 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. 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. PERMITTEE. 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, Right-of-Way Management 5     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. 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. RESTORATION COST. 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. 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 PERMIT. Either the excavation permit or obstruction permit, or both, 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.   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 the same, that is used or intended to be used for a facility in the right-of-way that is used or is intended to be used for providing wireless service, or 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. UNUSABLE EQUIPMENT. Equipment located in the right-of-way which has remained unused for 1 year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next 12 months or a potential purchaser or user of the equipment. 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. Right-of-Way Management 7     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. § 96.04 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. § 96.06 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 §§ 96.12, 96.15, and 96.34, shall be in an amount determined at the city’s sole discretion, sufficient to serve as security for the full and complete performance of the obligations under this chapter, including any costs, expenses, damages, or loss the city pays or incurs because of any failure to comply with this chapter or any other applicable laws, regulations or standards. During periods of construction, repair, or restoration of rights-of-way or equipment in rights-of-way, the performance and restoration bond shall be in an amount sufficient to cover 100% of the estimated cost of 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) 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) 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 § 96.11 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) § 96.07 RIGHT TO OCCUPY RIGHTS-OF-WAY; PAYMENT OF FEES. (A) Any person required to register under § 96.08, 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. A permit issued under this Chapter does not authorize the collocation of a small wireless facility or the installation or replacement of a wireless support structure. To collocate a small wireless facility or install or replace a wireless support structure in the public right-of-way, a person must obtain a small wireless facility permit pursuant to the city of Saint Anthony Village city Code Chapter 98. (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) § 96.08 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 Right-of-Way Management 9     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) § 96.09 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. (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) § 96.10 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 major 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 Right-of-Way Management 11     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 § 96.19 concerning the discretionary issuance of permits. (1993 Code, § 1165.08) § 96.11 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. (E)(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.   (F)(E) 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. (G)(F) 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 § 96.12 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 ; (b) Prior obstructions or excavations; (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 (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 § 96.06. (1993 Code, § 1165.10) Right-of-Way Management 13     § 96.13 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 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. (1993 Code, § 1165.11)     § 96.14 PERMIT FEES. (A) Excavation permit fee. The excavation permit fee shall be 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. (C) Obstruction Permit Fee. The city shall impose an obstruction permit fee in an amount sufficient Right-of-Way Management 15     to recover management costs. (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. (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) § 96.15 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 of the permit holder or when work was prohibited as unseasonable or unreasonable under § 96.18. 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. (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 § 96.18. (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) § 96.16 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. Right-of-Way Management 17     (1993 Code, § 1165.14) § 96.17 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 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) § 96.18 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) § 96.19 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). (C) Mandatory denial. Except in the case of an emergency, no right-of-way permit will be granted: (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 (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. (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 Right-of-Way Management 19     a total or partial reconstruction; and (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. (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. (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 § 96.10 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 § 96.13. (1993 Code, § 1165.17) § 96.20 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 § 96.27. 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) § 96.21 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   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 § 96.24. (1993 Code, § 1165.19) § 96.22 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) § 96.23 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) § 96.24 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, Right-of-Way Management 21     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 § 96.21. (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)   § 96.25 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) § 96.26 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. Right-of-Way Management 23     (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) § 96.27 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   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) § 96.28 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) § 96.29 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) § 96.30 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. Right-of-Way Management 25     (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) § 96.31 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) § 96.32 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   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) § 96.33 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) § 96.34 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; (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 Right-of-Way Management 27     (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) § 96.35 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) § 96.36 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 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) § 96.37 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: Second Reading: Adopted: CITY OF SAINT ANTHONY VILLAGE By:_________________________________ Jerome O. Faust, Mayor ATTEST: By:_________________________________ Nicole Miller, City Clerk Publish: St. Anthony Bulletin Publication Date: Small Cell Fee Schedule    Application Fees:  $500 for a Small Wireless Facility Permit Application seeking to Collocate up to five (5) Small Wireless  Facilities. This fee shall increase by $100 for each additional Small Wireless Facility that an Applicant  seeks to Collocate. (per FCC)  $1,000 for a Small Wireless Facility Permit Application seeking to install or replace a Wireless Support  Structure in addition to Collocating of a Small Wireless Facility on the Wireless Support Structure. (per  FCC)    Annual Small Wireless Facility Permit Fee:    $_______  per year for each Small Wireless Facility Fee. (seeing what the area market is doing)    City‐Owned Wireless Support Structure Fees:  1.  $150 per year for rent to occupy space on the Wireless Support Structure; (per FCC)  2.  $25 per year for maintenance associated with the space occupied on the Wireless Support  Structure; and (per FCC)  3.  a monthly fee for electricity used to operate the Small Wireless Facility, if not purchased directly  from a utility, at the rate of:  a)  $73 per radio node less than or equal to 100 max watts; (per FCC)  b)  $182 per radio node over 100 max watts; or (per FCC)  c)  the actual costs of electricity, if the actual costs exceed the above. (per FCC)    Annual City‐Owned Property Fees:  $_____________ for each collocating Small Wireless Facilities on City‐owned property not located in the  public right‐of‐way.  (seeing what the area market is doing)  THIS PAGE LEFT INTENTIONALLY BLANK City and County of Denver Small Cell Infrastructure Design Guidelines 22 | Page 4.3.2 Type 3B Combination Pole The Type 3B combination pole is composed of an equipment cabinet, upper pole, streetlight, and externally mounted equipment shroud. All equipment shall be located internal, shrouded, or recessed per Xcel Energy’s requirements, to the appropriate housing. The antenna, radio head, mounting brackets, and all hardware necessary for a complete installation shall be located inside an aesthetically pleasing equipment shroud, securely strapped to the pole. Wires and cabling shall be hidden from view. Cables and wires shall internal to the pole until it reaches a cable grommet. Weatherproof grommets shall be installed at all cable entry points. All pole openings shall be weatherproofed to prevent interior rusting of the pole. Figure 4-4: Type 3B - Combination Pole with Equipment Shroud THIS PAGE LEFT INTENTIONALLY BLANK 24" MOUNTED 4'-0" (MIN.) 6'-0" (MAX.) TYPE 1A UTILITY POLE WITH MOUNTED EQUIPMENT SHROUD 24" MIN. UNDER MAX SAG. 38" (MAX.) 7'-0" (MIN.) CCD SMALL CELL SPECIFICATIONS THIS PAGE LEFT INTENTIONALLY BLANK City and County of Denver Small Cell Infrastructure Design Guidelines 31 | Page Freestanding small cell pole components include the foundation, equipment cabinet, upper pole, cantenna, and all hardware and electrical equipment necessary for a complete assembly, as shown in Figure 5-4. A freestanding small cell specification overview is found in Appendix B. Figure 5-4: Freestanding Small Cell Assembly