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<br />Memorandum - Right-of- Way Ordinance, Planning Case 00-39
<br />June 27,2001
<br />Page 2
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<br />. Business District Definition, 360.02, Subdivision I, Letter B, Page 360-2,
<br />modified to add language meaning that portion of the City within and bounded by
<br />the streets to be subsequently designated.
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<br />. Equipment, 360.02, Subdivision I, Letter H, Page 360-3, shall mean any tangible
<br />asset used to install, repair, or maintain facilities in any right-of-way or which
<br />obstructs any right-of-way.
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<br />. Restore or restoration, 360.02, Subdivision I, Letter T, Page 360-4, shall mean the
<br />process by which an excavated or obstructed right-of-way including, but not
<br />limited to, pavement and foundation is restored to new or better condition than
<br />before the commencement of excavation.
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<br />Permit Application, 360.04, Subdivision 7, Letter B, Page 360-9, requirements
<br />shall include submission of a completed permit application form, including all
<br />required attachments and scale drawings showing the location of all existing
<br />roadways and public or private utilities, area of the proposed project, and the
<br />location of all existing and proposed equipment.
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<br />. Right-of-way Restoration, Section 360.05, Subdivision 1, Page 360-10. All
<br />restoration periods increased from 12 months to 36 months.
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<br />. Installation Requirements, Section 360.15. In accordance with Minnesota
<br />Statutes 237.162, Subdivision 8 (3), 237.163, Subdivision 8 . . . shall be done in
<br />conformance with engineering standards adopted by the "PUC".
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<br />. Undergrounding, Section 360.16, Subdivision 1, Page 360-18 requires unless
<br />otherwise permitted by an existing franchise or Minnesota Statute 216B.34, or
<br />unless existing above ground equipment is repaired or replaced, or unless
<br />unfeasible such as in the provision of electric service at certain voltages, new
<br />construction, the installation of new equipment, and the replacement of old
<br />equipment should be done underground or contained within buildings where the
<br />structures conform with applicable codes.
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<br />Recommendation
<br />City staffrecommends City Council adopt Ordnance 326, an Ordinance relating to construction
<br />within public right-of-way management; adding Article 4, Section 8620 of the current municipal
<br />code. Staff also recommends City Council adopt Ordinance 327, an Ordinance adding Chapter
<br />360 relating to right-of-way management relating to City Code, and order a summary publication ..
<br />of Ordinance 327. ..
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