HomeMy WebLinkAboutCC PACKET 03262019
If 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.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I. Approval of the March 26, 2019, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in which the item will be
removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of March 12, 2019, City Council meeting minutes. (pp.1-6)
B. Licenses and Permits. (pp.7)
C. Claims. (pp.9-10)
D. Resolution 19-025 a resolution to approve a request to keep four (4) female chickens in an R-1 zoning
district at 3001 Silver Lake Road. (pp.11-17)
IV. Public Hearing.
A. 2020 Budget Calendar. Shelly Rueckert, Finance Director presenting. (pp.19-26)
B. Ordinance 2019-02 an ordinance amending the Parks Commission Purpose, Membership, Powers
and Duties. Mark Casey, City Manager presenting. (1st of 3 readings). (pp.28-31)
C. Ordinance 2019-03 an ordinance adding Chapter 98 Small Wireless Facilities. Mark Casey, City
Manager presenting. (1st of 3 readings). (pp.32-59)
D. Ordinance 2019-04 an ordinance amending Chapter 33 Establishment of Fee Amounts to add
Small Cell Fees. Mark Casey, City Manager presenting. (1st of 3 readings). (pp.60-61)
E. Ordinance 2019-05 an ordinance amending Chapter 96 Right of Way Management. Mark Casey,
City Manager presenting. (1st of 3 readings). (pp.62-89)
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Resolution 19-026 a resolution Approving 3.2 On Sale Malt Liquor license for National Grill located
at 2201 St. Anthony Blvd. Mark Casey, City Manager presenting. (pp.90-91)
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
MARCH 26, 2019
7:00 p.m.
If 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.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe.
B. St. Anthony Police Department Annual Report. (no action requested) Jon Mangseth, Police Chief
presenting. (pp.93-101)
C. Resolution 19-027 a resolution in support of the "Mayor's Challenge for Water Conservation" Minette
Saulog, GreenCorp Member presenting. (pp.103-112)
D. GreenCorp Update. Minette Saulog, GreenCorp Member presenting. (no action requested). (pp.113-
117)
VII. Reports from City Manager and Council members.
VIII. Community Forum
Individuals may address the City Council about any City business item not included on the regular agenda.
Speakers are requested to come to the podium, sign their name and address on the form at the podium, state
their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the City
Council will not take official action on items discussed at this time, but may typically refer the matter to staff
for a future report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements
X. Adjournment
CITY OF ST. ANTHONY 1
CITY COUNCIL REGULAR MEETING MINUTES 2
MARCH 12, 2019 3
4
CALL TO ORDER. 5
6
Mayor Faust called the meeting to order at 7:00 p.m. 7
8
PLEDGE OF ALLEGIANCE. 9
10
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11
12
ROLL CALL. 13
14
Present: Mayor Faust, Councilmembers Gray, Jenson, Randle and Stille. 15
Absent: None 16
Also Present: Liquor Operations Manager Mike Larson, Accessible Space, Inc. Public Relations 17
and Marketing Manager Devin Vander Schaaf, Assistant to the City Manager Charlie 18
Yunker, and Fire Chief Mark Sitarz 19
20
21
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 22
ITEMS. 23
24
I. APPROVAL OF MARCH 12, 2019 CITY COUNCIL MEETING AGENDA. 25
26
Motion by Councilmember Gray, seconded by Councilmember Randle, to approve the City 27
Council Meeting Agenda of March 12, 2019 as presented. 28
Motion carried 5-0. 29
30
II. PROCLAMATIONS AND RECOGNITIONS - NONE. 31
32
III. CONSENT AGENDA. 33
34
A. Approval of February 26, 2019 City Council Meeting Minutes. 35
B. Licenses and Permits. 36
C. Claims. 37
38
Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve the Consent 39
Agenda items. 40
41
Motion carried 5-0. 42
43
IV. PUBLIC HEARINGS - NONE. 44
45
V. REPORTS FROM COMMISSION AND STAFF - NONE. 46
47
VI. GENERAL BUSINESS OF COUNCIL. 48
49
1
City Council Regular Meeting Minutes
March 12, 2019
Page 2
A. St. Anthony Liquor Operations Annual Report. 1
2
Liquor Operations Manager Mike Larson provided the 2018 Annual Report for the St. Anthony 3
Village Liquor Operations. He reviewed the Locations, Mission Statement, Vision Statement, 4
the Value of Municipal Liquor Operations, The Value of Municipal Liquor Operation Revenue, 5
1948 – 2018 70 Years of Service, 10 Year Profit History, 2018 Monthly Sales Trend, 5 Year 6
Sales History, 5 Year Profit History, 2017 – 2018 Sales and Profit Comparison, Trends During 7
2018, Sales by Category, Percentage of Gross Profit by Category Sales, Gross Profit Percentage 8
by Category, Comparisons and Benchmarks, 2018 Accomplishments, 2018 Events, Looking 9
Ahead 2019 & Beyond, and the www.savmn.com website. Mr. Larson stated the entire report is 10
available on the City’s website. March 30 is the spring beer event and April 13 is the spring wine 11
event from 2-5pm at Marketplace location. 12
13
Councilmember Stille referred to Mr. Larson’s statement of five years of turbulent change, 14
noting cycles of change are now four years. He asked for Mr. Larson’s strategies. Mr. Larson 15
stated the liquor industry has been relatively stable. The industry changed when big box retailers 16
came into the Twin Cities. This happened to liquor industry about six years ago. They try to stay 17
on top of industry publications, networking with other stores, etc. They have a great selection of 18
rose wines and have changed the items they are selling in the store. 19
20
Councilmember Randle asked about employee retention as good employees are hard to find and 21
with the economy being the way it is, you may need to pay good employees more to keep them. 22
23
Councilmember Jenson complimented Mr. Larson on his staff and the leadership team and being 24
able to sustain the business plan. 25
26
Councilmember Gray stated the ability to retain customers is through their great customer 27
service. 28
29
Mayor Faust referred to the five-year profit and 2018 exceeded previous years. He is surprised 30
by the average sale, noting the royalty program with 5700 members is outstanding. Mayor Faust 31
stated he saw Mr. Larson on a YouTube video while he was on vacation. Mr. Larson stated it is 32
available on Minnesotans 4 Choices to see the video. 33
34
B. Resolution 19-022; a Resolution Approving Proposed Application for 2019 Hennepin 35
County Community Development Block Grant (CDBG) Program Funds and 36
Authorizing Execution of Subrecipient Agreement with Urban Hennepin County and 37
any Third Party Agreements. 38
39
Accessible Space Inc. Public Relations and Marketing Manager Devin Vander Schaaf reviewed 40
ASI, also known as Silver Lake Home in St. Anthony, is applying for $36,600 in Community 41
Development Block Grant (CDBG) funds from Hennepin County for capital improvements. 42
Currently, Silver lake Home provides Corporate Foster Care in a rent-subsidized setting to four 43
very low-income adults with physical disabilities, traumatic brain injuries and/or mobility 44
impairments. Silver Lake home is aging and is in dire need of new windows, doors, and a 45
driveway – among other repairs – and cannot afford to cover these costs with its current reserve 46
2
City Council Regular Meeting Minutes
March 12, 2019
Page 3
funds. The CDBG grant from Hennepin County would fund these repairs. They are requesting 1
the City Council pass a resolution giving their support. 2
3
Councilmember Stille asked about the third-party agreement and whose responsibility is it to see 4
the monies received are going where they need to be used. Mr. Vander Schaaf stated the contract 5
is included in the packet. Councilmember Stille stated he does not have a copy. He requested 6
Assistant to the City Manager Yunker ensure the monies are dispersed as they should be 7
dispersed. 8
9
Councilmember Jenson asked if there is a timeframe for making application and Mr. Vander 10
Schaaf stated the application has been submitted. 11
12
Mayor Faust noted these are federal funds that are passed down to the cities. 13
14
Motion by Councilmember Stille, seconded by Councilmember Jenson, to adopt Resolution 19-15
022; a Resolution Approving Proposed Application for 2019 Urban Hennepin County 16
Community Development Block Grant (CDBG) Program Funds and Authorizing Execution of 17
Subrecipient Agreement with Urban Hennepin County and any Third Party Agreements. 18
19
Motion carried 5-0. 20
21
C. Resolution 19-023; a Resolution Authorizing Participation in the 2019 – 2020 GreenCorp 22
Program 23
24
Assistant to the City Manager Charlie Yunker reviewed this request is for City Council to 25
authorize staff to submit an application to be a GreenCorp host site for the 2019 – 2020 program 26
year. Minnesota GreenCorp is an AmeriCorp Program coordinated by the Minnesota Pollution 27
Control Agency (MPCA). The goal of MN GreenCorp is to preserve and protect Minnesota’s 28
environment while training a new generation of environmental professionals. The City of St. 29
Anthony applied each year since 2012 and was awarded a GreenCorp member for the 2012 – 30
2013, 2015 – 2016, and our current 2018 – 2019 program years. With the assistance of the 31
GreenCorp member, the City has established several sustainable programs that will continue to 32
benefit the City for many years to come. The GreenCorp member would be compensated by the 33
MPCA and St. Anthony would be responsible for supervision and office space. 34
35
Motion by Councilmember Jenson, seconded by Councilmember Gray, to adopt Resolution 19-36
023; a Resolution Authorizing Staff to Submit an Application to be a GreenCorp Host Site for 37
the 2019 – 2020 Program Year. 38
39
Motion carried 5-0. 40
41
D. Ordinance 2019-01; an Ordinance Amending Sections 32.07 Planning Commission 42
Bylaws. 43
44
Assistant to the City Manager Charlie Yunker reviewed this Ordinance before Council is to 45
amend the Planning Commission Bylaws. The City has changed planning consulting firms from 46
3
City Council Regular Meeting Minutes
March 12, 2019
Page 4
WSB & Associates to Northwest Associated Consultants (NAC). NAC’s co-owner Steve 1
Grittman will be the City’s new contracted City Planner and is unable to attend the current 2
Planning Commission meetings scheduled for the fourth Monday of the month. Staff is 3
recommending moving the Planning Commission meetings to the third Tuesday of the month. If 4
this Ordinance is approved, it will be in affect after publication in the City’s official newspaper, 5
St. Anthony Bulletin. 6
7
Councilmember Stille noted the Planning Commission previously met the third Tuesday of the 8
month which was changed due to the consultant’s schedule and now it is being changed back. 9
10
Councilmember Jenson asked if this would begin next week and Mr. Yunker stated it would 11
begin after publication. 12
13
Motion by Councilmember Gray, seconded by Councilmember Jenson, to adopt Ordinance 2019 14
-01; an Ordinance Amending Sections 32.07 Planning Commission Bylaws. 15
16
Motion carried 5-0. 17
18
E. Resolution 19-024; a Resolution Adopting Ramsey County All-Hazard Mitigation Plan 19
20
Fire Chief Mark Sitarz stated in 2007, following the requirements of the Federal Disaster 21
Mitigation Act, Ramsey County and its incorporated cities formed an agreement which 22
established the unification in the development of writing the Ramsey County Multijurisdictional 23
Hazard Mitigation Plan (MHMP). The Ramsey County Board of Commissioners and City 24
Councils from each participating municipality were required to adopt the plan prior to its 25
submittal to HSEM and FEMA for final approval. The plan was updated in 2012 and is currently 26
undergoing the final steps, adoption by participating municipalities, in 2019. St. Anthony was 27
covered both previously and currently under the Hennepin County MHMP, is seeking to 28
participate and adopt the Ramsey County MHMP to ensure complete and thorough protection for 29
all of its citizens. The plan is intended to serve many purposes including: 30
Enhance Public Awareness and Understanding 31
Create a Decision Tool for Management 32
promote compliance with State and Federal Program Requirements 33
Enhance Local Policies for Hazard Mitigation Capability 34
Provide Inter-Jurisdictional Coordination of Mitigation-Related Programming 35
Achieve Regulatory Compliance 36
37
Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Resolution 19-38
024; a Resolution Adopting Ramsey County All-Hazardous Mitigation Plan. 39
40
Motion carried 5-0. 41
42
F. St. Anthony Fire Department Annual Report 43
44
Fire Chief Mark Sitarz provided a PowerPoint presentation of the St. Anthony Fire Department 45
2018 Annual Report. The presentation included the Fire Department Divisions, Operations, 46
4
City Council Regular Meeting Minutes
March 12, 2019
Page 5
Total Calls for Service, Call Breakdown, Dollar Loss from Fire, Fire Investigations, Operations 1
Summary, Training, Fire Inspections, Fire Marshal, Fire Prevention/Public Education, Code 2
Enforcement – Housing, Code Enforcement – Rental, Emergency Management, Outcomes, and 3
Committed to Serve. Average patient age was 73. Average Response Time was 2 minutes 42 4
seconds. Chief Sitarz noted the entire report can be found on the City website at 5
www.savmn.com. 6
7
Councilmember Gray commended the Fire Department on their customer service and thanked 8
Chief Sitarz for his leadership. 9
10
Councilmember Randle complimented the Fire Department on the high level of service in St. 11
Anthony, noting the level of service in Public Works, Liquor Operations and all departments is 12
much higher than in other communities. Chief Sitarz stated all departments within the City work 13
closely together. 14
15
Councilmember Jenson complimented Chief Sitarz on 1500 service calls and 2½ weeks of 16
training per person. He stated he attends the St. Anthony Fire Department Relief Fund meetings 17
and sees the closeness of the Fire Department team. 18
19
Councilmember Stille noted the complete report is 52 pages. He read a portion of a letter 20
received from HCMC to the Fire Department. 21
22
Mayor Faust asked if the calls of service are plateauing. Chief Sitarz stated the lift assists last 23
year were down. He commended the Department on exceeding the training requirements and 24
stated he was blown away during the November Emergency practice. The Fire Department Fire 25
Chief goes to HCMC after a patient is taken there to check on them. Mayor Faust thanked the 26
entire Department for their service. 27
28
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 29
30
Assistant to the City Manager Yunker had no report. 31
32
Councilmember Randle stated on March 4, he attended the work session and the Park 33
Commission Meeting. 34
35
Councilmember Jenson attended the March 4 work session. 36
37
Councilmember Stille attended the March 4 work session. On March 5, he attended the Cops vs 38
Kids basketball game. Councilmember Gray had introduced all the kids. On March 12, he 39
attended the ULI (Urban Land Institute) Meeting. 40
41
Councilmember Gray also attended the March 4 work session and the March 5 Cops vs. Kids 42
basketball game. He stated Officer South did a good job organizing it. On March 6, he attended 43
the North Suburban Communications Commission and Access Corporation. 44
45
5
City Council Regular Meeting Minutes
March 12, 2019
Page 6
Mayor Faust attended the March 4 work session and today he attended the Mississippi Water 1
Management Organization Annual Meeting. 2
3
VIII. COMMUNITY FORUM – NONE. 4
5
IX. INFORMATION AND ANNOUNCEMENTS. 6
7
Mayor Faust referred to the Wyland Foundation Mayor’s Challenge on Water Conservation. 8
9
X. ADJOURNMENT. 10
11
Mayor Faust adjourned the meeting at 7:21 p.m. 12
13
14
Respectfully submitted, 15
Debbie Wolfe 16
TimeSaver off Site Secretarial, Inc. 17
18
19
Mayor 20
ATTEST: 21
City Clerk 22
23
24
6
Saint Anthony Village
DATE: March 26, 2019 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors Licenses:
Arbortech Stump & Tree Removal, Brooklyn Park, MN
Kraus Anderson Construction, Minneapolis, MN
Mechanical Licenses:
Avid Heating & Cooling, Mound, MN
KB Mechanical, Mounds View, MN
Metro Home Insulation, Elk River, MN
MSP Plumbing, Heating & Air, St Paul, MN
Bench License:
Applicant: Affordable Court Resources
Garbage Hauler/Recycling License:
Applicant: Waste Management of MN
Parks Special Event Beer Permit:
Date: June 15, 2019
Applicant: Louise Louiselle
Location: Central Park
Temporary On-Sale Liquor License:
Date: May 4, 2019
Applicant: St. Charles Borromeo School
Location: 2727 Stinson Blvd.-Gym
7
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8
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 3/13/2019 - 3/27/2019 Mar 21, 2019 12:37PM
Vendor Number Payee Check Number Check Issue Date Amount
12180 ARVIG CONSTRUCTION 151 03/27/2019 374.83
10252 CENTERPOINT ENERGY 152 03/27/2019 9,978.29
12648 WINDSTREAM 153 03/27/2019 216.63
11740 XCEL ENERGY 154 03/27/2019 23,543.03
10982 MINNESOTA DEPT OF HEALTH 37550 03/13/2019 32.00
10857 LMCIT % BERKLEY ADMINISTRATORS 37551 03/15/2019 426.07
11798 CENTRAL PENSION FUND LOCAL #49 37552 03/20/2019 3,840.00
11809 CITY OF ST. ANTHONY SUNSHINE FUND 37553 03/20/2019 833.00
10710 ICMA RETIREMENT TRUST 37554 03/20/2019 2,006.00
11808 SAPD ASSOCIATION 37555 03/20/2019 402.00
12077 SUN LIFE FINANCIAL 37556 03/20/2019 899.85
1118 56 BREWING 37557 03/27/2019 160.00
10011 ABLE HOSE & RUBBER LLC 37558 03/27/2019 6.07
1121 ABLE SEED HOUSE + BREWERY 37559 03/27/2019 280.00
10039 AIRGAS USA LLC 37560 03/27/2019 51.36
10056 ALLIED MEDICAL PRODUCTS 37561 03/27/2019 71.04
10098 ARAMARK 37562 03/27/2019 111.33
1100 ARTISIAN BEER COMPANY 37563 03/27/2019 6,979.99
10115 ASPEN MILLS 37564 03/27/2019 69.95
10159 BEISSWENGER'S 37565 03/27/2019 68.61
1013 BELLBOY CORPORATION 37566 03/27/2019 4,845.49
1014 BELLBOY CORPORATION 37567 03/27/2019 211.25
1035 BERNICK'S BEVERAGE & VENDING 37568 03/27/2019 4,011.51
8544 BOURGET IMPORTS 37569 03/27/2019 333.25
1018 BREAKTHRU BEVERAGE MN BEER 37570 03/27/2019 22,412.07
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 37571 03/27/2019 8,424.34
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 37572 03/27/2019 2,197.36
10206 BROCK WHITE COMPANY LLC 37573 03/27/2019 45.34
1017 CAPITOL BEVERAGE SALES 37574 03/27/2019 13,211.75
10263 CENTURYLINK 37575 03/27/2019 590.56
10272 CHRISTMAN, JACK 37576 03/27/2019 137.97
12596 CINTAS 37577 03/27/2019 405.11
1010 CLEAR RIVER BEVERAGE COMPANY 37578 03/27/2019 485.00
10338 CONNELLY ELECTRONICS 37579 03/27/2019 1,412.64
1042 CRYSTAL SPRINGS ICE 37580 03/27/2019 173.18
12773 CUMMINS SALES & SERVICE 37581 03/27/2019 1,799.16
10417 DISCOUNT STEEL, INC.37582 03/27/2019 27.79
10508 FERGUSON WATERWORKS 37583 03/27/2019 762.95
12775 FIRESTONE 37584 03/27/2019 12.58
10526 FLEETPRIDE 37585 03/27/2019 43.64
1032 GRAPE BEGINNINGS, INC.37586 03/27/2019 505.50
1021 GREAT LAKES COCA COLA 37587 03/27/2019 524.20
10621 HARTFIEL/ROBIN 37588 03/27/2019 180.00
10642 HENN CNTY INFO TECH DEPT 37589 03/27/2019 902.69
10661 HENNEPIN COUNTY TREASURER 37590 03/27/2019 300.00
1019 HOHENSTEIN'S, INC 37591 03/27/2019 3,576.25
10684 HOME DEPOT CREDIT SERVICES 37592 03/27/2019 613.37
2020 HUNYUCK BREWING 37593 03/27/2019 135.00
2013 INBOUND BREWCO 37594 03/27/2019 620.00
1027 INDEED BREWING COMPANY 37595 03/27/2019 1,124.95
1016 JJ TAYLOR DISTRIBUTING 37596 03/27/2019 9,403.31
1102 JOHNSON BROTHERS 37597 03/27/2019 10,809.65
1004 JOHNSON BROTHERS LIQUOR CO.37598 03/27/2019 3,111.47
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9
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 3/13/2019 - 3/27/2019 Mar 21, 2019 12:37PM
Vendor Number Payee Check Number Check Issue Date Amount
1005 JOHNSON BROTHERS LIQUOR COMPANY.37599 03/27/2019 14,033.00
1006 JOHNSON BROTHERS LIQUOR COMPANY.37600 03/27/2019 7,046.52
1044 JOHNSON BROTHERS LIQUOR COMPANY.37601 03/27/2019 7,895.90
12636 JOHNSON CONTROLS FIRE PROTECTION LP 37602 03/27/2019 666.98
10816 LANGUAGE LINE SERVICES 37603 03/27/2019 31.20
10861 LOFFLER COMPANIES - 131511 37604 03/27/2019 173.75
2010 LUPULIN BREWING 37605 03/27/2019 144.00
11985 MANSFIELD OIL COMPANY 37606 03/27/2019 13,650.71
10886 MARCO INC 37607 03/27/2019 1,645.36
10989 MINNESOTA HIGHWAY SAFETY AND 37608 03/27/2019 425.00
10992 MINNESOTA MUNICIPAL 37609 03/27/2019 200.00
10994 MINNESOTA OCCUPATIONAL HEALTH 37610 03/27/2019 102.00
12441 MTI DISTRIBUTING INC 37611 03/27/2019 14.48
11085 MURPHY'S SERVICE CENTER 37612 03/27/2019 93.68
1051 NEW FRANCE WINE COMPANY 37613 03/27/2019 968.00
12778 NORTHWEST ASSOCIATED CONSULTANTS INC 37614 03/27/2019 4,933.45
11163 OFFICE DEPOT 37615 03/27/2019 297.58
12112 OREILLY AUTO PARTS 37616 03/27/2019 37.60
1012 PAUSTIS & SONS 37617 03/27/2019 1,490.50
1001 PHILLIPS WINE & SPIRITS 37618 03/27/2019 3,735.19
1002 PHILLIPS WINE & SPIRITS 37619 03/27/2019 3,689.29
11225 PLEAA ATTN: J. FORBORD 37620 03/27/2019 85.00
12747 PRECISE MRM LLC 37621 03/27/2019 25.00
12311 PUCKETTS RECYCLING 37622 03/27/2019 40.00
1062 RED BULL DISTRIBUTION COMPANY 37623 03/27/2019 68.50
1020 ROOTSTOCK WINE COMPANY 37624 03/27/2019 3,212.70
11366 SAM'S CLUB 37625 03/27/2019 19.94
2018 SMALL LOT WINES 37626 03/27/2019 92.96
1024 SOUTHERN GLAZER'S OF MN 37627 03/27/2019 2,014.16
1008 SOUTHERN GLAZER'S OF MN 37628 03/27/2019 1,720.16
1026 SOUTHERN GLAZER'S OF MN 37629 03/27/2019 13,299.78
1036 SOUTHERN GLAZER'S OF MN 37630 03/27/2019 226.56
11586 TRACY PRINTING 37631 03/27/2019 1,024.40
11626 U.S. BANK (PURCHASING CARD)37632 03/27/2019 2,084.99
2007 URBAN GROWLER 37633 03/27/2019 352.00
12776 US SOLAR - MN ONE MT LLC 37634 03/27/2019 3,181.74
11674 VERIZON WIRELESS 37635 03/27/2019 550.40
1025 VINOCOPIA 37636 03/27/2019 680.00
1034 WINE COMPANY/THE 37637 03/27/2019 293.20
1038 WINE MERCHANTS INC 37638 03/27/2019 860.40
11729 WIRELESS WORLD 37639 03/27/2019 49.98
11731 WITMER PUBLIC SAFETY GRP, INC.37640 03/27/2019 181.98
2022 WOODEN HILLS BREWERING 37641 03/27/2019 270.00
11748 ZAHL PETROLEUM MAINTENANCE CO.37642 03/27/2019 259.90
Grand Totals: 235,567.32
10
MEMORANDUM
To: St. Anthony Village City Council
From: Stephen Grittman, City Planner
Date: City Council Regular Meeting for March 26, 2019
NAC Project No. 323.01 – 19.06
Request: Request to keep four (4) female chickens in an R‐1 Zoning District
Location: 3001 Silver Lake Road NE
DISCUSSION AND STAFF RECOMMENDATION
Staff has received an inquiry from the Applicants, owners dated March 3, 2019 requesting a permit to
keep up to four chickens at their residential property at the above address. The property is zoned R‐1,
Single Family Residential, and is surrounded by single family neighborhood in all directions.
The Applicants have provided a diagram of the
property showing the location and dimensions
of the chicken coop in relation to their
property. The proposed location is behind (to
the east of) the existing detached garage. The
proposed structure would be 4 feet by 6 feet
in area, and 4 feet tall.
The rear yard has an existing fence along the
south (side) and east (rear) boundary lines.
The coop would be located approximately 8
feet from the boundary fence. The drawing
provided with the application indicates that
the chickens will be fully enclosed in the
proposed coop.
As noted, the applicants are requesting
approval for four chickens. The City’s
requirements will typically specify that the
chickens must all be hens, no male roosters permitted on the property to avoid noise concerns.
CITY CODE RELATED TO REQUEST
Title IX General Regulations, Chapter 91 Animals, Section § 91.56 KEEPING OF CERTAIN ANIMALS states
that “No person may keep swine, cattle, horses, goats, or more than 2 dogs or 3 dogs allowed under §
91.01 through 91.05 or fowl, within the city nearer than 500 feet to any human habitation or platted
land, without approval of the City Council. The City Council may, before approving or denying any
request for approval, request a report from the Health Officer concerning the effect on public health.”
11
Page 2
REQUESTED ACTION
Staff has reviewed the request, and recommends approval of the request.
1. Motion to adopt a resolution approving the request to keep four female chickens on the
property located at 3001 Silver Lake Road NE. A draft resolution reflecting approval is
attached to this staff report.
2. Motion to deny the request for chickens at 3001 Silver Lake Road NE, and direct staff to prepare
a resolution declaring terms of the same. In the event the City Council chooses denial of the
request, it should clearly state its reasons for the denial and direct staff to prepare a resolution
based on said findings.
ATTACHMENTS
Exhibit A: Request Presentation and Enclosure Diagram
12
13
14
15
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CITY OF ST. ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 19-025
RESOLUTION TO APPROVE A REQUEST TO KEEP FOUR (4) FEMALE CHICKENS
IN AN R-1 ZONING DISTRICT AT 3001 SILVER LAKE ROAD NE
WHEREAS, staff received a request from Farrokh and Linda Sadaghyani for
permission to keep chickens on their property located at 3001 Silver Lake Road NE; and
WHEREAS, the City of St. Anthony Code of Ordinances, Section 91.56, Keeping of
Certain Animals, specifies that livestock, including fowl, require approval from the City Council;
and
WHEREAS, Farrokh and Linda Sadaghyani has submitted a written request for approval
from the City Council, as outlined in Subsection 91.56, to approve their request to keep chickens;
and
WHEREAS, Farrokh and Linda Sadaghyani has submitted a geographical description of
the placement of the enclosure that will house the chickens in relation to their property; and
WHEREAS, Hennepin County Environmental Health Division has stated that this matter
is within the City’s jurisdiction and authority; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village approves the request to keep four (4) female chickens in an R-1 Zoning District
at 3001 Silver Lake Road NE.
APPROVED in the regular session of the City Council on March 26, 2019.
_________________________________________
Jerome O. Faust, Mayor
ATTEST:___________________________
Nicole Miller, City Clerk
Review for Administration: _______________________________________
Mark Casey, City Manager
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18
MEMORANDUM
DATE: March, 26 2019
TO: Mayor and City Council
FROM: Shelly Rueckert, Finance Director
ITEM: Public Hearing – 2020 General Operating Budget
The attached materials are a summary of the 2020 General Operating Budget. Highlights
of the 2019 budget include:
1) General Operating Budget $ 7,200,728
2) General Fund Levy $ 4,324,113
3) Overall Levy $ 7,311,453
└ 6.74% increase over 2018
4) Median Valuation in 2019 $ 292,000
└ Up $18,000 from 2018
5) City Portion of Property Taxes $ 1,925.30
6) Breakdown of 2019 Property Taxes for Median valued home:
General Fund $ 1,165.80
Roads $ 516.26
Public Works/Fire Buildings $ 92.57
Capital Improvements $ 90.64
Tax Abatement $ 60.03
$ 1,925.30
Potential factors impacting upcoming budget were discussed with the City Council on
January 10th and 11th at our Financial Management Planning – Goal Setting meetings.
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20
City Council Meeting
March 26, 2019
2020 BUDGET CALENDAR
January 10 & 11, 2019
Goal Setting, Financial
Management and
Planning
21
2020 BUDGET CALENDAR
March 26, 2019: Public Hearing/Provide Residents with an
opportunity to have input in the 2020 Budget process.
May –June 2019:City Manager led work sessions with
Department Heads –Discussion on 2020 Operating Budget
and Capital Budgets.
July -August 2019: Work Session with Council –Discussion
Staff Proposals for 2020 Operating Budgets and Capital
Budgets.
2020 BUDGET CALENDAR CONTINUED
August 27, 2019:Presentation of the Proposed 2020
Operating Budget & Property Tax Levy to the City Council.
September 10, 2019:Resolution passed:Setting the proposed
2020 Operating Budget and Property Tax Levy. Announce
the date and time at which the final Budget and Tax Levy
will be discussed.
22
2020 BUDGET CALENDAR CONTINUED
October -November 2019:
Presentation of long term
capital budgets/plans.
December 10, 2019:Presentation of
2020 Operating Budget and Levy with
Public Input. Adoption of the 2020
Operating Budget and Property Tax
2019 GENERAL FUND REVENUES
62%
1%
3%
13%
14%
1%
3%3%
Tax Levy: 62%
Licenses: 1%
Permits: 3%
Intergov't Revenue: 13%
Charges for Services: 14%
Fines: 1%
Reimburseable Revenue:
3%
Transfers: 3%
23
2019 GENERAL FUND EXPENDITURES
8%
5%
1%
46%3%
17%
13%
5%2%
General Gov't: 8%
Financial Services: 5%
Inspections: 1%
Police: 46%
City Buildings: 3%
Fire: 17%
Public Works: 13%
Parks: 5%
Reimburseable
Expenditures: 2%
GENERAL FUND AND OVERALL LEVIES
2019 2018 Increase
(Decrease)
General Fund $4,324,113 $3,975,534 $348,579
C.I.P.$258,200 $233,200 $25,000
Road Improvement
Debt $1,914,866 $1,833,431 $81,455
Lease Revenue Bonds $343,347 $344,882 ($1,535)
HRA Levy $170,254 $162,534 $7,720
Tax Abatement $222,653 $227,430 ($4,777)
Building Improvement
Levy $78,000 $73,000 $5,000
Total $7,311,453 $6,450,785 $461,442
Total Percent Change 6.74%
24
Questions?
25
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
Office: (612) 782-3301 • Fax: (612) 782-3302 • www.savmn.com
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe.
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on March 26, 2019, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the
Saint Anthony Village City Council will hold a public hearing to receive public input on the 2020
Budget calendar.
Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be
accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony
Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of
the hearing. Questions may be directed to the City Clerk at 612-782-3313.
Shelly Rueckert
Finance Director
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27
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: March 26, 2019
Proposed Changes to Parks Commission Purpose, Membership, Powers and Duties
OVERVIEW:
In front of you this evening is a first of three readings to the proposed changes to sections 32.20, 32.21
& 32.25 of the Parks Commission ordinance. At the December 3, 2018 Parks Commission meeting,
the Parks Commission unanimously recommended changes.to the Parks Commission Purpose,
Membership, Powers and Duties. At the January 22, 2019 City Council meeting, the Parks
Commission chair presented these changes. At the March 4, 2019 City Council Work Session, staff
presented a recommended revisions and by consensus of the City Council, staff was directed to bring
the attached for City Council approval.
Highlights on the proposed changes include:
Changing the name from Parks Commission to Parks and Environmental Commission
Reducing the School District’s membership from two representatives to one
Updating the Ordinance to take in account the School District #282 Student Liaison replacing
the Sports Boosters representative
Including “Environmental” under the Powers and Duties section where appropriate.
The ordinance will take effect upon publication in the official City newspaper, St. Anthony Bulletin.
28
ORDINANCE NO. 2019-02
SAINT ANTHONY VILLAGE, MINNESOTA
AN ORDINANCE AMENDING SECTIONS 32.20, 32.21, and 32.25 PARKS COMMISSION
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 Sections
§32.20, §32.21, and §32.25 Parks Commission in 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.
§ 32.20 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 8 7 members, 5 voting and 3 2 nonvoting, all of
whom will be residents of the City of St. Anthony. Five of the 8 7 will be appointed by affirmative vote of
a majority of the members of the St. Anthony City Council. There will be 3 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 liaisons will
be appointed by the School Board of District #282; St. Anthony Community Services; 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;
29
(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.
Section Two. Effective Date. This Ordinance amendment shall be in full force and effect upon its
publication as provided by law.
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:
30
3301 Silver Lake Road, St. Anthony, Minnesota 55418‐1699 www.savmn.com (612) 782‐3301 Fax (612) 782‐3302
Our mission is to be a progressive and livable community, a walkable village which is sustainable, safe and secure.
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on March 26, 2019, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the City
Council will hold a public hearing to solicit public response to the Ordinance Amendments related to the
Parks Commission sections §32.20 Purpose, §32.21 Membership; and §32.25 Powers and Duties.
Those persons having an interest in said amendments are encouraged to attend. Oral testimony will be
accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony
Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the
hearing. Questions may be directed to the City Clerk at 612‐782‐3313.
The City Council agenda and packet item relating to this application will be made available prior to the
meeting online at www.savmn.com
Nicole Miller
City Clerk
Publication:
St. Anthony Bulletin
March 13, 2019
31
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: March 26, 2019
Proposed Small Wireless Facility Ordinance
OVERVIEW:
In front of you this evening is the proposed creation of Chapter 98 Small Wireless Facilities. In
addition proposed changes to Chapter 96 Right of Way Management and Chapter 33 License and
Permit Fees to ensure all chapters coincide
The next generation of wireless services (called 5G) will require wireless providers to install a large
amount of lower hanging antennas that are connected to fiber optic cable allowing wireless providers
to provide significantly higher internet speeds. The facilities needed to provide 5G service are called
small wireless facilities. The use of the word small is used to describe the area covered by each
antenna, not the size of the facilities. Small wireless facilities include antennae, equipment cabinets,
vertical conduit, power supplies, etc. Typically, small wireless facilities are attached to utilities poles,
such as a light pole in the public right-of-way.
Over the past 2 years, the Minnesota legislature enacted a new small wireless facility law and the
Federal Communications Commission (FCC) has released a small wireless facility order. These
actions have placed new restrictions on how cities may handle applications to install small cell
facilities. These restrictions include review and approval deadlines and limitations on fees.
The following is a high level summary of the small wireless facility ordinance:
• Requires all wireless providers to obtain a small wireless facility permit from Public Works
prior to installing any small wireless facilities in the City.
• Directs the Director of Public Works to develop a permit application form, and additional
design standards, construction standards, aesthetic standards (attached Resolution) and other permit
requirements.
• Sets initial general standards for small wireless facilities.
• Sets forth the application process from start to finish.
• Mandatory conditions for all permits.
• The term of all small wireless facility permits.
• The process to deny or revoke a small wireless facility permit, including an appeal to the City
Council or the Council’s designee.
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• City inspection of permitted small wireless facilities.
• Allowing the removal of abandoned or unauthorized small wireless facilities
• Mandatory insurance provisions.
• Indemnification and defense of the City requirements.
• Application fees as set forth in the FCC’s small facility wireless order.
• Annual small wireless facility permit fees for small wireless facilities in the public right-of-way
as restricted by state law to the recovery of the City’s right-of-way management costs (to be included
in Chapter 33 License and Permit Fees).
• City-owned wireless support structure fees as limited by state law. This is for small wireless
facilities collocated on city-owned wireless support structures in the public right-of-way (to be
included in Chapter 33 License and Permit Fees).
• Annual fees for use of city-owned property outside of the public right-of-way (to be included in
Chapter 33 License and Permit Fees).
• Construction of fiber optic cable and other activity in the public right-of-way remain subject to
the City’s existing code and permitting requirements.
• Macro-Cell towers remain subject to the City’s existing zoning code.
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CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
ORDINANCE NO. 2019-03
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
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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 96.11 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.
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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.
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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
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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
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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 96.27 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
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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,
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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
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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;
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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.
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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 96.11 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
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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:
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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
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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
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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
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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;
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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
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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:
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CITY OF SAINT ANTHONY VILLAGE
By: ____________________________
Jerome O. Faust, Mayor
ATTEST
By: ____________________________
Nicole Miller, City Clerk
Publish: Saint Anthony Bulletin
Publication Date:
52
CITY OF ST. ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 19-XXX
RESOLUTION TO APPROVE SMALL WIRELESS AESTHETIC STANDARDS
WHEREAS, the City of St. Anthony has adopted Chapter 98, an ordinance relating to
small wireless facilities, establishing general standards, a permitting process, general permitting
conditions, and other requirements; and
WHEREAS, the City of St. Anthony desires to have the highest quality of wireless
services available while minimizing the negative aesthetic impacts of the small wireless facilities;
and
WHEREAS, the City of St. Anthony has developed aesthetic standards related to small
wireless facilities to guide design and placement of facilities; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village approves the small wireless aesthetic standards.
APPROVED in the regular session of the City Council on ___________.
_________________________________________
Jerome O. Faust, Mayor
ATTEST:___________________________
Nicole Miller, City Clerk
Review for Administration: _______________________________________
Mark Casey, City Manager
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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.
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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
55
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.
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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.
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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.
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CITY OF SAINT ANTHONY VILLAGE
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on March 26, 2019 at 7:00 p.m., or as soon thereafter as the public
may be heard at the Saint Anthony Village City Hall, 3301 Silver Lake Road, the City Council
will hold a public hearing to consider the adoption of 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. The purpose of this
Ordinance 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. Amendments to Chapter 96
Right of Way Management and Chapter 33 License and Permit Fees will also be considered.
Those persons having an interest in said amendments are encouraged to attend. Oral testimony
will be accepted on the above subject at this meeting. Written comments may be taken at the St.
Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until
the date of the hearing. Questions may be directed to the City Manager at 612-782-3301.
The City Council agenda and packet item relating to these Ordinances will be made available
prior to the meeting online at www.savmn.com.
Nicole Miller
City Clerk
Publication:
St. Anthony Bulletin
March 13, 2019
59
ORDINANCE NO. 2019-04
SAINT ANTHONY VILLAGE, MINNESOTA
AN ORDINANCE AMENDING SECTIONS 33.061 ESTABLISHMENT OF FEE AMOUNTS
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
§33.061 Establishment of Fee Amounts 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.
§ 33.061 ESTABLISHMENT OF FEE AMOUNTS
Application Fees
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.
$500
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.
$1000
Annual Small Wireless Facility Permit Fee $150 per year for each small wireless facility
City Owned Wireless Support Structure Fees $150 per year for rent to occupy space on
Wireless Support Structure
$25 per year for maintenance associated with the
space occupied on the Wireless Support
Structure; and
Monthly fee for electricity used to operate the
Small Cell 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,
b)$182 per radio node over 100 max watts; or
c)the actual costs of electricity, if the actual costs
exceed the above
Annual City Owned Property Fees $150 per year for each collocating Small Wireless
Facilities on City owned property not located in
the public right of way.
Section Two. Effective Date. This Ordinance amendment shall be in full force and effect upon its
publication as provided by law.
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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:
61
Right-of-Way Management 1
CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
ORDINANCE NO. 2019-05
AN ORDINANCE AMENDING MULTIPLE SECTIONS IN CHAPTER 96 RIGHT OF WAY
MANAGEMENT
The City Council of the City of Saint Anthony Village ordains as follows:
Section One. Amendment to the City of Saint Anthony Village City Code Chapter 96 Right of Way
Management of the City Code of the City of Saint Anthony Village is hereby amended as follows. The
deleted language is represented by strikethrough text. The additional language is represented by underlined
text.
§ 96.01 FINDINGS AND PURPOSE.
To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets
and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good
repair and free from unnecessary encumbrances.
Accordingly, the city hereby enacts this new chapter of this code relating to right-of-way permits
and administration. This chapter imposes reasonable regulation on the placement and maintenance of
facilities and equipment currently within its rights-of-way or to be placed therein at some future time. It is
intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons
excavating and obstructing the rights-of-way will bear financial responsibility for their work. Finally, this
chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-
way.
This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially
codified in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act")
and 2017 Session Laws, Chapter 94 amending the Act and the other laws governing applicable rights of
the city and users of the right-of-way. This chapter shall also be interpreted consistent with Minnesota
Rules 7819.0050 —7819.9950 and Minnesota Rules Chapter 7560 where possible. To the extent any
provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation
most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not
be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances
necessary to protect the health, safety and welfare of the public.
§ 96.02 ELECTION TO MANAGE THE PUBLIC RIGHTS-OF-WAY
Pursuant to the authority granted to the city under state and federal statutory, administrative
and common law, the city hereby elects, pursuant Minn. Stat. 237.163 subd. 2(b), to manage rights-of-
way within its jurisdiction.
§ 96.03 DEFINITIONS.
The following definitions apply in this chapter of this code. References hereafter to "sections"
are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined
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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.
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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.
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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,
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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.
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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.
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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
68
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
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supersede the conflicting terms of this chapter, provided, however, that requirements relating to
insurance, bonds, penalties, security funds, letters of credit, indemnification, or any other security in
favor of the city may be cumulative in grantee. All other terms of this chapter shall be fully applicable
to all persons whether franchised or not.
(1993 Code, § 1165.06)
§ 96.09 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.
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(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
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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.
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(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)
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§ 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).
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(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
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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:
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(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.
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(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
78
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
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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
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violation will be cause for revocation of the permit. Within 10 days after issuance of the order, the
registrant shall present proof to the city that the violation has been corrected. If the proof has not been
presented within the required time, the city may revoke the permit pursuant to § 96.24.
(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,
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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)
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§ 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.
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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
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potential users of the right-of-way, but shall be guided primarily by considerations of public interest, the
public’s needs for the particular service, the condition of the right-of-way, the time of year with respect to
essential utilities, the protection of existing equipment in the right-of-way, and future city plans for
public improvements and development projects which have been determined to be the public interest.
(1993 Code, § 1165.25)
§ 96.28 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.
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(B) Responsibility of registrant. Each registrant shall be responsible for the cost of repairing any
equipment in the right-of-way which it or its equipment damages. Each registrant shall be responsible
for the cost of repairing any damage to the equipment of another registrant cause during the city’s
response to an emergency occasioned by that registrant’s equipment.
(1993 Code, § 1165.28)
§ 96.31 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
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complained of is authorized, allowed, or prohibited by right-of-way permit. The foregoing does not
indemnify the city for its own negligence except for the claims arising out of or alleging the city’s
negligence where the negligence arises out of or is primarily related to the presence, installation,
construction, operation, maintenance, or repair of the equipment by the registrant or on the registrant’s
behalf, including, but not limited to, the insurance of permits and inspection of plans or work. This
section is not, as to third parties, a waiver of any defense or immunity otherwise available to the
registrant or to the city; and the registrant, in defending any action on behalf of the city, shall be entitled
to assert in any action every defense or immunity that the city could assert in its own behalf.
(1993 Code, § 1165.30)
§ 96.33 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
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(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,
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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:
89
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: March 26, 2019
Resolution-Approval 3.2 On Sale Malt Liquor License for National Grill, located at 2201 St.
Anthony Blvd.
OVERVIEW:
In front of you this evening is a resolution to approve a 3.2 On Sale License for National Grill located
at 2201 St. Anthony Blvd.
The license in front of you this evening is for a new business, National Grill, will be providing food
and beverage service at Gross Golf Course in the Clubhouse.
Staff has completed background checks on the new business owner and staff is recommending
approving the 3.2 On Sale License.
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 19-026
A RESOLUTION APPROVING 3.2 ON SALE MALT LIQUOR LICENSE FOR
NATIONAL GRILL LOCATED AT 2201 ST. ANTHONY BLVD.
WHEREAS, the applicant’s filed a completed application for a 3.2 On Sale Malt Liquor
License for 2201 St. Anthony Blvd. on March 19, 2019; and
WHEREAS, the new applicant, National Grill, will provide food and beverage service at
Gross Golf Course and anticipate opening as soon as possible; and
WHEREAS, Staff recommends approval of a 3.2 On Sale Malt Liquor License for National
Grill at 2201 St. Anthony Blvd.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saint
Anthony Village hereby approves a 3.2 On Sale Malt Liquor License for National Grill
located at 2201 St. Anthony Blvd.
Adopted this 26th day March, 2019.
____________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ____________________________
Mark Casey, City Manager
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2018 St. Anthony
Police Department
Annual Report
Jon Mangseth
Police Chief
Department Summary
Department Strength
•20 -Full Time Police
Officers (4 contract)
•14 -Volunteer Reserve
Officers
•1 -Full Time Community
Service Officer
•2 -Full Time Civilian
Support Staff
Department Fleet
•7 -Marked Squads
•1 -Marked Reserve
Unit
•1 -Marked CSO Unit
•5 -Unmarked Units
93
St. Anthony Part I Crimes
0
20
40
60
80
100
120
140
160
180
2017 2018
Murder 0 0
Rape 5 4
Robbery 6 7
Agg Aslt 5 8
Burglary 40 32
Theft 166 172
MV Theft 16 13
Arson 0 1
0 0
5 46 75 8
40
32
166
172
16 13
0 1
Murder Rape Robbery Agg Aslt Burglary Theft MV Theft Arson
St. Anthony Part II Crimes
94
Calls for Service
Patrol Review
•1045 violations
241 Speed
43 Stop Sign
47 Semaphore
•920 Verbal Warnings
•394 citations issued for
non-moving violations
•498 arrests
•1 retirement
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Investigation Review
•Total Criminal Cases 449
•Total Cases Cleared 252
•Total Cases Cleared by Arrest 198
•Total Cases Cleared by Other 54
•CLEARANCE RATE 56%
Education Summary
•The Police Department completed 2237 hours of training
(excluding SWAT); Training included:
–Leadership Development
–Mental Health
–“Person in Crisis” Training
–OSHA mandates
–Investigation Development
–Legal Updates & Case Law
–TEMPO/EMR Medical Training
–Active Shooter
96
Police Reserves
TOTAL SERVICE HOURS: 1100
•Provided security and
pedestrian/vehicle safety at
community events
•Patrolled parks, schools,
neighborhoods & businesses
•Assist as role players for training
•Assist at crimes scenes and traffic
accidents
•Transported prisoners
Social Media
Social Media Team:
•Promote:
–Transparency
–Engagement with
Community
–Disseminate minute by
minute information
•6 Team Members Use
–Facebook
–Twitter
–Instagram
–Snapchat (New)
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Community Engagement
•MN Night to Unite
•Cops versus Kids Basketball
•8th Summer Survival School
•Dare 2 Be Real
Community Engagement
•Job Fair
•Cub 50th Anniversary
•911 Memorial
•Students In Government
•Attended many school &
community events
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Body Worn Camera Program
Technology Integration
Partnership
Implementation/Audit
Policy Development
Collaboration
BWC Grant
Community/Stakeholder
Input
State Statute
Progress Report
–BWC selection, adoption & implementation completed
–Squad car video upgraded
–Completed work with the Department of Justice in regard to
Collaborative Reform Initiative-Technical Assistance
–Retooled and implemented new department mission and vision
statements
–Updated FTO manual, which include new strategic plan
objectives
–Hired, equipped and trained a new police officer, office support
specialist, and community service officer
–Launched successful social media platform
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Progress Report
–All officers trained and equipped with Naloxone to aide in opiod
overdose
–Enhanced content and substance contained in police news articles.
Added quarterly Chief Updates
–Continued professional development of new supervisors and current
supervisors
–Received technical assistance/training in the area of policy
development, particularly in the area of Internal Affairs, Traffic and
Pedestrian Safety, Vehicle Pursuits, Training, Performance Evaluations,
Delivery of Narcan by Police Personnel, Portable Audio/Visual or BWC
technology and Response to Resistance (use of force)
–Participated in multiple community engagement efforts and partnered
with various community based providers to provide training and
awareness in such areas as gun safety, child safety, senior safety and
traffic safety
What’s On Deck
–Work through and determine process of evaluating and auditing
BWC program
–Incorporate League of MN Cities, MN POST Board approved
“Patrol Online” training for officers
–Focus on engagement opportunities for youth, senior and
families
–Maintain department membership with city wide involvement in
the Government Alliance on Race and Equity
–Continue to review, implement and potentially expand
community engagement initiates
–Meet expanding training needs of office staff. CJIS/NCIC coding
and reporting system wide changes by 2020. Data Practices.
Complete firearm purchase training and background
investigations
100
Stay Connected
–Updates provided via the St.
Anthony Village website. Sign
up to be “Notified.”
–Email us at
police@savmn.com
–Attend future Open Houses
and other community
meetings
–Call us at 612-782-3350 to
arrange for a meeting via
phone or in person
This report can be viewed online at:
www.savmn.com
WWW.SAVMN.COM
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Overview:
2019 Wyland National Mayor’s
Challenge for Water Conservation
Minette Saulog, MN GreenCorps Member
St. Anthony Village
City Council Meeting
March 26, 2019
What is the Wyland Mayor’s Challenge?
•Annual month-long campaign, from April 1-30, to promote drought resiliency and
protect water quality.
•A friendly competition to see which city is the most “water wise” in the nation.
•Residents make a pledge to change behaviors in their water consumption at home and
reduce human impact on lakes, rivers, streams and other water systems.
•Fun incentives –you could win some cool prizes!
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Why is this important?
•We all have a role to play in conserving water!
•According to USGS, an average person uses 80 gallons
of water per day.
•Saving water = saving energy
•You use energy for a hot shower, washing your clothes,
running the dishwasher…
•Stormwater runoff is a huge issue, especially now that
all of the snow is melting. Photo taken by MWMO.
Who can participate?
•We invite you to join us in the effort to reduce St. Anthony’s
water consumption and preserve our precious water
resources.
•All St. Anthony residents welcome to take the pledge!
•Students and teachers can join the effort by participating
using the “Classroom Edition” available on the website.
•Last year we ranked #214… can we raise our ranking for
2019?
104
How do I make my water pledge?
•Go to www.mywaterpledge.com, click on “Pledge with my Email!”
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 19-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. ANTHONY,
STATE OF MINNESOTA, IN SUPPORT OF THE "MAYOR'S CHALLENGE FOR
WATER CONSERVATION"
WHEREAS, the City of St. Anthony, and the state of Minnesota continue to explore ways
to manage residential consumption of water and power, and to inspire its
residents to care for our natural resources; and
WHEREAS, cities can engage in efforts to inspire their own communities, as well as their
neighboring cities, to become better environmental stewards; and
WHEREAS the seventh annual National Mayor’s Challenge for Water Conservation
presented by the Wyland Foundation and Toyota, with support from the U.S
EPA WaterSense, The Toro Company, National League of Cities, Conserva
Irrigation, and Earth Friendly Products (makers of ECOS), is a healthy, non-
profit competition for cleaner communities and a water use and pollution
reduction competition between our cities; and
WHEREAS, with the encouragement of their Mayors, residents may register their
participation in their city's Challenge, online, by making simple pledges to
decrease their water use and to reduce pollution for the period of one year,
thereby assisting their cities to apply State and Federal water conservation
strategies and to target mandated reductions; and
WHEREAS, from April 1- 30, 2019, the City of St. Anthony wishes to inspire its residents
and its neighboring communities to take the "Wyland Mayor's Challenge for
Water Conservation" by making a series of online pledges at
mywaterpledge.com to reduce their impact on the environment and to see
immediate savings in their water, trash, and electricity bills;
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL MEMBERS OF THE CITY OF
ST. ANTHONY, MINNESOTA, DO HEREBY RESOLVE, DECLARE AND DETERMINE
AS FOLLOWS:
SECTION 1. That the city of St. Anthony agrees and supports the "Wyland Mayor's Challenge
for Water Conservation" emphasis.
SECTION 2. That the program is to be implemented from April 1- 30, 2019, through a series of
communication and outreach strategies, whether new or existing, to encourage St. Anthony
residents to take the conservation "Challenge."
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SECTION 3. That this resolution shall be effective immediately.
BE IT FURTHER RESOLVED THAT the City Clerk shall certify to the passage and
adoption of this resolution; shall cause the same to be entered among the original resolutions
of the City; and shall make a minute of the passage and adoption thereof on the records of the
proceedings of the City Council for the meeting at which the same is passed and adopted.
Adopted this 26th day March, 2019.
_____________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Mark Casey, City Manager
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Minette’s MN GreenCorps
Update: January –March
St. Anthony Village
City Council Meeting
March 26, 2019
CTV Quarterly Update Video
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February Bill Clinics
Quarter 2 MN
GreenCorps Training
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SolSmart Update
Community Solar Garden Update
•Quick Recap
•2016 agreements resulted from Met Council’s “Community Solar
Subscriber Collaborative”
•Advancing pyramid action step to “explore alternative energy ideas”
•Our Community Solar Garden (CSG) Subscriptions
•US Solar: “Big Lake 1” is online and operational, earmarked for City
Hall. Another CSG expected to be operational sometime this summer,
and is earmarked for the Fire Station.
•SolarStone: CSGs not operational yet, earmarked for Central Park,
Trillium Park & Silver Point Park
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Data for US Solar’s Big Lake 1
Community Solar Garden
Month Electricity
generated/
“Production”
(kWh)
Amount paid to
US Solar (Rate
= $0.1179 / kWh)
Bill credit from
Xcel Energy
(Rate =
$0.12515 / kWh)
St. Anthony’s
Savings
January 2019 19,181.21 kWh $2,261.46 $2,400.52 $139.06
February 2019 7,805.61 kWh $920.28 $976.87 $56.59
In just the first two months, we have saved $195.65!
Upcoming Events!
•Workshops on Thursday, April 25th in the Council Chambers
•5:45 pm –Rain Barrel Workshop
•6:45 pm –Home Energy Squad Presentation by Center for Energy & Environment
•Spring Clean Up Day
•Saturday, May 4th from 9 am-12 pm at Public Works
•Organics Recycling Event and Presentation by Ramsey County
•Wednesday, May 8th at 6 pm, Council Chambers
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Questions or Comments?
Thank You!
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Date Type Staff Present
April 9 Regular
Planning Commission Items from March
Quarterly Donations & Grants
Public Works Annual Report
Spirit of St. Anthony Award
Small Cell aesthetics Ordinance-Final Reading & Adoption
Award Contracts for construction, Call for Sale of GO Bonds
Parks Commission Code Amendment-2nd reading
Approve ADA Plan
Small Cell Aesthetic standards resolution
Amended Feasibility Study
City Council
City Manager
Public Works Director
City Engineer
April 23 Regular
Arbor Day Proclamation
1st Quarter Goals Update
Students in Governement Presentation
Parks Commission Code Amendment-Final Reading and Adoption
City Council
City Manager
City Planner
April 30 Special
5:30 p.m.Worksession-Joint Meeting with School Board City Council
City Manager
April 30 Special
7:00 p.m.Worksession City Council
City Manager
May 14 Regular
Planning Commission items from April
Chamber of the Year and Business of the Year
Finance Annual Report
2019 Street Project Approve Sale of Bonds
City Council
City Manager
Finance Director
May 20 Special
4:30 p.m.Tour of the City City Council
City Manager
May 28 Regular
Salo Park Concert Series
Insurance Renewal
Tort Limits - Consent
Order 2021 Street & Utility Recon Feasibility Study
City Council
City Manager
City Engineer
June 3 Special
5:30 p.m.Worksession City Council
City Manager
June 11 Regular Planning Commission Items from May City Council
City Manager
June 25 Regular Audit Presentation
City Council
City Manager
Finance Director
FUTURE COUNCIL AGENDA ITEMS
2019
119
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
July 9 Regular
Planning Commission items from June
Quarterly Donations & Grants
Quarterly Goals Update
City Council
City Manager
July 23 Regular
Night to Unite Presentation
Night to Unite Proclamation
Liquor Operations Mid Year Report
VillageFest Presentation
City Council
City Manager
Police Chief
Liquor Op Mgr
August 13 Regular
Planning Commission items from July
SANB #282 Presentation
City Council
City Manager
August 27 Regular Budget Presentation
City Council
City Manager
Finance Director
September 10 Regular
Planning Commission items from August
2020 Preliminary Operating Budget and Levy-Public Hearing
Kiwanis Peanut Day
Approve 2020 Street & Utility Recon Feasibility Study & order 2020 Plans and Specs
City Council
City Manager
Finance Director
City Engineer
September 24 Regular Fire Prevention Presentation
City Council
City Manager
Fire Dept
October 8 Regular
Planning Commission items from September
Quarterly Donations & Grants
Preliminary Certification of Delinquent Waste Hauler Accounts-Consent Agenda
Preliminary Certification of Delinquent Utility Accounts-Consent Agenda
Quarterly Goals Update
City Council
City Manager
October 22 Regular Approval of CIP
City Council
City Manager
Finance Director
November 12 Regular Planning Commission items from October
1st Reading Water, Sewer, & Stormwater-Public Hearing
City Council
City Manager
November 26 Regular
Fire Prevention Poster Winners
Water Conservation Poster Winners
2nd Reading Water, Sewer, & Stormwater
Authorizing polling places for 2020
City Council
City Manager
Fire Dept
Public Works Director
120
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
December 10 Regular
Planning Commission items from November
Appoint Parks and Planning Commissioners and Chair/Vice Chairs
Setting Salary of City Manager
Authorizing Transfers & Closing of Specified Funds
Setting the 2020 City & HRA Budgets and Final Property Tax Levy -Public Hearing
Final Reading Water, Sewer, & Stormwater
2020 Fee Schedule
2020 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids
Approval of 2020 Planning Commission Work Plan (motion only)
City Council
City Manager
Finance Director
City Engineer
December 23 Regular
City Council
City Manager
January 14 Regular
Planning Commission items from December
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January ?Special
9:00 a.m.Goal Setting
City Council
City Manager
Dept Heads
January ?Special
9:00 a.m.Goal Setting
City Council
City Manager
Dept Heads
January 28 Regular 2020 Parks Commission Work Plan- (motion only)
NYFS Agreement
City Council
City Manager
February 11 Regular
Planning Commission items from January
2020 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments,
Order Preparation of Assessments
City Council
City Manager
City Engineer
February 25 Regular
Administration Annual Report
Adoption of Strategic Plan City Council
City Manager
March 10 Regular
Planning Commission Items from February
Liquor Annual Report
Fire Annual Report
Liquor License Renewals
GreenCorp Member application-resolution
City Council
City Manager
Fire Dept
Liquor Op Manager
March 24 Regular
Police Annual Report
Wyland Water Challenge
Public Hearing-Budget Calendar
2020 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction, Call for Sale of GO Bonds
City Council
City Manager
Police Dept
Finance Director
2020
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