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HomeMy WebLinkAboutCCP 07-19-1999 . ~~ I LE' i~= ~ ,- CITY OF ARDEN HILLS 4364 WEST ROUND lAKE ROAD ARDEN HillS, MN 55112-5794 DRAFT AGENDA CITY COUNCIL WORKSESSION CITY HALL MONDAY, JULY 19, 1999, 4:45 P.M. 4:45 P.M. 1. Call to Order 4:45 P.M. 2. Discussion Items a. Highway 96/10 Design b. 2000 BudgetlCIP c. Codification, Chapters 8 and 10 . 7:15 P.M. 3. Miscellaneous Items 7:30 P.M. 4. Adjourn The above times may vary depending upon 1eogth of issue discussion. . PHONE: (6121633-5676 · FAX (8121833-7838 "- . Tentative AUP'ust Meeting' Schedule Meeting dates, times and locations are subject to change. Please contact City Hall for the most CWTeot schedule. Tentative Julv Meetin!! Scbednle Meeting dates, times and locations are subject to change. Please contact City Hall for the most ClUTent schedule. July 7 Planning Commission 7:30 P.M. August 4 Planning Commission 8:00 P.M. July 12 Council Meeting 7:30 P.M. August 9 Council Meeting 7:30 P.M. July 15 Operations Committee 6:30 P.M. August 16 Couucil Worksession 4:45 P.M. Orientation August 24 Parks & Recreation 7:00 P.M. July 19 Conncil Worksession 4:45 P.M. Committee July 26 . Economic Development 7:00 P.M, August 25 Communications 6:00 P.M. Authority Committee July 26 Council Meeting 7:30 P.M. August 30 Economic Development 7:00 P.M. Authority July 27 Parks & Recreation 7:00 P.M. Committee August 30 Council Meeting 7:30 P.M. July 28 1-35W Corridor 5:30 P.M. Coalition Board Meeting . July 28 Communications 6:00P.M. Committee . \ ~ . . . .Be.-.,Att-Y~ 7Whj RECEiVED EDINA ORDINANCE NO. 1998-01 The City Council of the City of Edina Ordains: Section 1. Findings and Purpose: The Council finds that the discharge of water from any surface, groundwater sump pump, roofs, yards, lawns, streets, alleys, footing tile, or other natural precipitation into the City sanitary sewer system contributes to the flooding and overloading of the sanitary sewer system. Such overloading of the sanitary sewer system may result in sewage flowing into lower levels of City residences and businesses, creating hazardous public health conditions and significant damage to properties. The Council, therefore, determines that this ordinance is necessary to protect the health, safety, and welfare of its citizens through the regulation of connections to the City's sanitary sewer system. Section 2. Subsection 445.07 of the City Code is amended to read as follows: 445.07 Certain Connection Prohibited; Inspectious. Subd. 1. Prohibited Discharges and Connections. No person, owner, lessee or occupant of any parcel of land, building or premises shall discharge, or permit to be discharged, directly or indirectly, into the sanitary sewer system: (i) any surface water or groundwater includmg water from roofs, yards, lawns, streets, alleys, groundwater sump pumps, footing tile, or other natural precipitation or (ii) any gravel, sand, dirt, or any other heavy material or any substance causing any extraordinary obnoxious odors or gases or (Hi) swimming pool discharges not permitted by Subd. 2 of Subsection 450.12 of this Code. A sump pump discharge system shall have a permanently installed discharge line which provides for year- round discharge to either the outside of a building or structure in compliance with Subd. 3 of Subsection 1035.03 of this Code or is connected to the City storm sewer. The system shall consist of a discharge line without valving or quick connections or flexible sections which allows the redirection of the sump pump discharge into the sanitary sewer system. If connected to a City storm sewer, the system shall include a check valve and an air gap. Subd. 2. Inspection. Every person, owner, lessee or occupant of any parcel of land, building or premises that discharges into the City's sanitary sewer system shall allow an employee of the City or a designated representative of the City to inspect the building or premises to confirm that the building or premises conforms to the requirements of Subd. 1 of this Subsection. In lieu of the City inspection the owner, lessee or occupant may furnish a certificate from a City registered State licensed plumber certifying that the building or premises is in compliance with the requirements of Subd. 1 of this Subsection. The City may periodically re-inspect any building or premises to determine continued compliance with the requirements of Subd. 1 of this Subsection. Section 3. Subsection 445.08 of the City Code is amended to read as follows: 1 445.08 Removal of Prohibited Connections; Surcharge. Any person, owner, lessee or occupant, and any plumber or building contractor who has presently made or permitted to be made, or shall make or permit to be made, any connection or installation in violation of Subsection 445.07 shall immediately remove such connection or correct such an installation. If not removed or corrected within 30 calendar days after notice of the violation has been delivered personally or by certified mail to such person, owner, lessee or occupant, the City may impose a surcharge in the amount provided in Section 185 of this Code. Such a surcharge may also be imposed upon any property owner, lessee, or occupant who, after 30 calendar day notice, refuses to allow their property to be inspected or fails to provide the certificate from a City registered State licensed plumber as required by Subd. 2 of Subsection 445.07. The owner, lessee, occupant of a building or premises found to be not in conformance as required in Subsection 445.07 during periodic reinspections may be subjected to a surcharge as provided in Section 185 of this Code, for all months between the two most recent inspections or a maximum charge not to exceed twelve (12) monthly surcharges. In addition, any such person, owner, lessee, occupant, plumber or building contractor may be subject to the provisions of Subsection 100.09 of this Code. Section 4. follows: Section 445 of the City Code is amended by adding a new Subsection 445.09 as I I . 445.09 Clear Water Sump Pits. The construction or installation of any clear water sump pit shall include the installation of a sump pump and sump pump discharge lines which meet the requirements of Subd. 1 of Subsection 445.07 and Subd. 3 of Subsection 1035.03 of this Code and all applicable . codes. Section 5. Subd' 4 of Subsection 1100.03 of the City Code is amended by adding a new paragraph as follows: D. Surcharges for buildings or premises which are not in conformance with Subsection 445.08 of this Code. Section 6. Schedule A of City Code Section 185 of the City Code is amended by adding a new fee number 76a as follows: SUBSECTION PURPOSE OF FEE OR CHARGE 445.08 Surcharge for prohibited connection FEE NO. 76a SECTION 445 AMOUNT $100.00 per month This ordinance shall be in full force and effect, after its adoption and Section 7. Effective Date. publication according to law. Attest: Debra A Manflen Cio/.~)~rk Glenn L Smith Mayor 2 . ... 0.. ca () Q) ..l<: > M "- It! 0 0.. > 0 tIill .c N I/) I/) - Q) - .- ... 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City of Arden Hills IgJ 001 ********************* *** TX REPORT *** ********************* 4480 6516286833 07/16 11: 27 00'23 1 OK 07/16/99 FRI 11:29 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION 10 ST, TIME USAGE T PGS, SENT RESULT . . City of Arden Hills 141 001 ********************* *** TX REPORT *** ********************* 4481 6516339550 07/16 11:28 00'23 1 OK 07/16/99 FRI 11:32 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. SENT RESULT . . City of Arden Hills 141 001 *** ********************* *** TX REPORT ********************* 4483 6514810551 07/16 11:31 00'28 1 OK 07/16/99 FRI 11:36 FAX 6126337839 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, SENT RESULT . . Ci ty of Arden Hills Ig] 001 ******************88* *** TX REPORT s** ********************* 4484 6514821262 07/16 11:35 00'26 1 OK . . . SEND TO: CITY OF ARDEN HILLS 4364 WEST ROUND lAKE ROAD ARDEN HillS, MN 55112-5794 I' '(j FAX # PHONE # MESSAGE FROM: DATE: TIME: i I NO. OF PAGES, INCLUDING TillS PAGE: NOTES: *** IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL*** PHONE: (651) 633-5676 FAX: (651) 633-7839 07/16/99 FRI 11:42 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION IV ST. TIME USAGE T PGS, SENT RESULT . . City of Arden Hills ~001 ********************* *** TX REPORT *** ********************* 4486 6123701378 BRW. INC, 07/16 11:41 00'33 2 OK e e e CITY OF ARDEN HILLS MEMORANDUM DATE: July 16, 1999 TO: Mayor and City Council Brian Fritsinger, City Administrat~ Administrator Comments for the July 19, 1999 Council Worksession FROM: SUBJECT: 1. Hil!:hwav 96/10 Desil!:n Representatives of Ramsey County and MnDOT will be in attendance to discuss the design options for the Highway 96/Highway 10 corridor area. 2. 2000 Budl!:et/CIP Staffwill have additional information related to the 2000 budget and Capital Improvement Program, 3. Codification. Chapters 8 and 10 The City Council may wish to provide direction to staff on the adoption of Chapters 8 and 10 of the recodified Municipal Code. e CITY OF ARDEN HILLS MEMORANDUM DATE: May 21, 1999 SUBJECT: Mayor and City Council Brian Fritsinger, City Administrator~ Ordinance Codification- Chapters 8 and 10 TO: FROM: The City council recently requested that Chapter 8, Traffic and Parking regulations, and Chapter 10, Utilities, be placed on the July 19, 1999 Council worksession for discussion, The City Council should refer to those copies originally provided at the start of this review process. Additional copies will be available at the meeting if you are unable to locate those previously provided, Chanter 8 The City will need to incorporate Ordinance 312, relating to parking regulations, which was adopted this past February. e 810,01, Subd 4, A - The City may want to investigate the definition of All Terrain Vehicle, 810,02, Note - Council should discuss this question, 810.02, Subd 10 -1 question whether or not this subdivision should be more detailed and set a speed or refer to MN State Statute. Chanter 10 Mr. Stafford and Mr. Post have provided additional suggestions for chapter 10. e ~ ~Q- ~ e e - CITY OF ARDEN HILLS MEMORANDUM DATE: June 21, 1999 TO: Brian Fritsinger, City Administrator fr Terrance Post, City Accountant@)' Y'J Dwayne Stafford, Public Works Director FROM: SUBJECT: Ordinance Codification Comments -- Chapter 10 Utilities As Council deliberates the general subject of Ordinance Codification, staff has reviewed Chapter 10, "Utilities," and has come up with a number of specific recommendations for Council to consider during the recodification process. In general, Mr. Stafford has made specific proposed changes to operations procedures while Mr. Post has made specific changes in policy areas. Public Works Director Procedural Chan!!es (Pal!e Number/Ordinance Cite) Water 1. (10-7/1000.08) Increase "repair ofleaks" turn on fee from $10.00 to $25.00. 2. (10-7/1000.09, Subd. 2) Old service main connection to be plugged by the property owner. City inspection of the plug will be required. 3. (10-8/1000.10) Joints in service pipe or tubing kept to a minimum, with no splice or coupling allowed in service lines less than one hundred (100) feet in length on one-inch lines. Larger diameter service lines may only be spliced as necessary according to available lengths. 4. (10-11/1000.19, Subd. 2.A) A meter spacer with valves and tailpiece couplings shall be furnished to the plumber at the time a connection permit is issued. 5. (10-12/1000.19, Subd. 3.B.1) In the event that, a curb box or a service lead has not been installed for the property, the owner will be responsible for the service lead installation subject to approval by the Public Works Director. Proper City authorities must witness all taps into the City main lines. Omit "1." and "3." entirely. "" " Memorandum, Ordinance Codification Comments - Chapter 1 0 Utilities Page Two June 21,1999 e (Subd. 3.B.2) For the installation of a service connection where the installation is to be upon a surfaced street, the permit fee shall be such as has been established by Council..... on the basis of the cost of restoration. The restoration portion of the permit fee will be refunded to the permit applicant following restoration completion to the satisfaction ofthe Public Works Director and the City Engineer. 6. (10-13/1000.19/Subd.3.B.2) All backfill materials shall be mechanically compacted in twelve-inch layers in roadway area to existing street grade. Soils deemed unsuitable for proper compaction must be removed and replaced with clean granular material at the owner's expense. 7. (10-16/1000/19, Subd. 7) Curb stop boxes will be installed at an approximate depth of seven (7) feet below the finished grade, or the grade established by the City Engineer. 8. (10-16; 10-1711000.19, Subd. 9) Recommendation to omit all but the first sentence of the first paragraph; omit Sections "B." and "C." in their entirety. e 9. (10-19/1000.20, Subd. 2.F) In the event the water customer elects to discontinue use of municipal water, the minimum charge shall continue until such date as the service pipe is excavated and disconnected at the stop box. Such disconnect shall be inspected by an appropriate City official before backfilling occurs. 10. (10-2411000.21, Subd. 2.B) .... provided, however any charges against the property..... and removal of the meter. Such disconnects must be inspected by an appropriate City official. 11. (10-24/1000.21, Subd. 2.D) A meter on a service lines larger than two (2) inches to be furnished by the City and installed at the expense of the property owner. ana aeceraingly Be se61Hity aeflesit sftall13e reqHirea tl3.erefer. Costs for the meter, including the connection fittings, will be charged to the permit applicant as part ofthe permit fee. 12. (10-24/1000.21, Subd. 3) The City shall maintain and repair all meters and, when rendered unserviceable through ordinary wear and tear, aBd, they shall replace them, if necessary..... including damage from freezing, hot water backup..... - f" .. e e e Memorandum, Ordinance Codification Comments - Chapter 10 Utilities Page Three June 21,1999 13. (10-25/1000.21, Subd. 4) ReeerBiag Testing of Meters. A consumer may have his or her meter tested for accuracy by making written request therefor and depositing $35.00 with the City Administrator. 14. (10-25/1000.21, Subd. 5) Suggestion to omit Subd. 5, 'Rental Fee" in its entirety. 15. (10-26/1000.21, Subd. 6) Authorized City employees shall have free access to premises connected with the water system at reasonable hours of the day for the purpose of inspection and performing meter maintenance. 16. (10-27/1000.21, Subd. 9.B) The meter shall be located so that the bottom ofthe meter is from twelve (12) inches to twenty-four (24) inches above the finished floor line. 17. (10-27/1000.21, Subd. 9.C) All meter installations shall have a gffie lock wing meter ball valve on the street side of the meter. 18. (10-28/1000.22, Subd. LA) A City supplied meter and valve shall be used at all times while hydrant is in use. Hydrant shall be left in the full open position with flow controlled by the meter valve. 19. (10-28/1000.22, Subd. 1.B) The purpose of the cash deposit is to guarantee payment for water used and to cover any breakage or damage to the hydrant or meter. Such deposit shall be refunded upon expiration of the permit, after deduction for aBif applicable charges for water consumption or damage. Sanitarv Sewers 20. (10-35/1010.10/Subd. 2) . , .. The cesspool or septic tank shall first be pumped clean and filled with compacted earth to the surrounding ground level. Where a connecting sewer is laid across or over any existing cesspool or septic tank, only extra heavy cast iron soil pipe, conforming to the A.S.T.M. Standard Specification A-74-42, or Schedule 40 PVC, shall be used... ... 21. (10-38/1010.11., Subd. I.B) Charges for mobile homes, trailers and apartments shall be billed to the owner or management of the mobile home court, trailer park and apartment building in which the same are respectively located. Charges will be based on the number of units. '" " Memorandum, Ordinance Codification Comments - Chapter 1 0 Utilities Page Four June 21, 1999 e 22. (10-38/1010.11, Subd. l.D) Suggestion to omit Section "D" in its entirety. 23. (10-47/1010.13, Subd. 3.B) . . ... a written statement and plans from the utility companies stating that the necessary arrangements for underground installation of utilities have been made. 24. (10-48/1010.13, Subd. 5) ..... first notifying Gopher State One Call.... 25. (10-48/1010.13, Subd. 6) ..... submitted to the City for plan approval. .... The City Administrator shall require the applicant to obtain a City utility construction permit and to furnish in writing.... 26. (10-48/1010.13, Subd. 7) Suggestion to omit Subd. 7, "Utility Committee," in its entirety. Implication is to respond to recommendation of the Public Works Director and not a committee. City Accountant Proposed Policy Chan1!:e Issues to Utilities Ordinance (Pa1!:e Number/Ordinance Cite) e A. (10-2/1000.04 Discontinuance of Service for Violations) Historically, the City has not utilized the provisions of this ordinance to shut water off. Instead, the City has utilized the option of certifying delinquent utility bills to the subsequent year property taxes, Does Council wish to become more aggressive in the enforcement of this ordinance? If so, is Council comfortable dealing with the length oftime proscribed for the formal hearing process? B. (10-20/1000.20 Rates and Charges - Subd. 4, Payment of Charges) Currently, the City bills the entire utility customer base on a calendar quarterly basis. Staff recommends that residential utility charges be issued on an every month basis on a staggered system by implementing a three (3) billing district basis. Furthermore, that all non- residential customers be billed on a monthly basis. C. (10-20/1000.20 Rates and Charges - Subd. 5, Delinquency Penalties) Staff recommends that Council consider having the delinquency penalty date coincide with the due date and not impose the delinquency charge a month after the due date.) D. (10-22/1000.20, Rates and Charges - Subd. 6, Senior and Disabled Discounts) Pending a more thorough review by the Finance and Operations Committee, Council is asked to consider phasing out the current discounts available to seniors and totally disabled in current rate system, ., ~ 1 e e e Memorandum, Ordinance Codification Comments - Chapter 10 Utilities Page Five June 21,1999 E. (10-23/1000.21 Meters and Hydrants - Subd. 2, Security Deposit) Council is asked to consider the elimination of the security deposit concept regarding water meters. Per the ordinance, the deposit (i.e., initial water meter installation permit fees) shall be refunded to the property owner only on request in the event municipal water service to the property is discontinued and the service pipe is disconnected at the stop box and the meter is removed. The rationale behind this approach is that the initial water permit fee is an access charge to the municipal water system and not a claim on a non-depreciating asset. In this case, the meter is clearly the property of the water utility. r- r " I I I I I I -- I I I I I I ~ I City of Arden Hills . Chapter 8 Traffic and Motor Vehicles Chapter 8 Traffic and Motor Vehicles Section 800 - Traffic and Parking Regulatious' 800.01 Highway Traffic Regulation Act Adopted. Chapter 169 of Minnesota Statutes, as amended is hereby adopted by reference and made a part of this Code as if set out here in full. 800.02 Penalty. Any violation of Chapter 169, commonly referred to as the Highway Traffic Regulation Act, which occurs within the limits of the City shall be a violation of this Chapter. Any person violating any provision thereof 3118:11 be gtIilty elf 8: mi~aemea/l6r MId shall be punished by a fme ~(ilDmJ<.jll6f}):~1!lr~x.~"e~~~!@fp~,ii';~L~y.;-rjz~kD~. $700 llnd/5f a jail 3e.l:l:k.nee 116t t:e exeeea 90 dfrY3. . 800.03 Parking Regulations. Subd. 1 Winter Parking. No person shall park any vehicle, except in compliance with the directions of a law enforcement officer or in compliance with regulatory parking signs placed by a law enforcement officer, on the improved portion of any street or highway in the City during the following time periods: 'State law references-Abandoned motor vehicles, M.S. Ch. 168B; highway traffic regulations, M.S. Ch. 169. 8- 1 City of Arden Hills Chapter 8 Traffic and Motor Vehicles A. Between the hours of 1 :00 a.m. to 6:00 a.m. from October 15th to April 15th; and B. During a period of time commencing immediately after the accumulation of two inches or more of snow and continuing until snow removal or plowing has been completed. Subd. 2 Parking in Residential Districts. Parking in Residential Districts shall be limited to the use of the occupants of those residences and their guests. Nml:: City asked if this provision was enforceable. From a legal point of view, it is possible, but from a practical matter how will an officer know who is a visitor without some sort of permit system? Subd. 3 On-Public-Street Parking. On-Public-Street Parking shall not exceed six continuous hours. ~: In light of Subd. 2, only guests, etc can park, and not for more than 6 hours? City had a question on how it wanted to proceed with this subdivision. Subd. 4 Gross Weight Restrictions. No motor vehicle or trailer with a rated gross weight exceeding 12,000 pounds, including but not limited to buses, motor coaches, trailers, cabs, school buses and trucks shall be parked or stored in a residential zone except when loading, unloading or rendering a service. Subd. 5 Parking on Boulevard Prohibited. No motor vehicle shall park upon the 8- 2 I ~ I I I I I I . I I I I I I ~ I r I' ~ I I I I I I . I I I I I I ~ I . City cif Arden Hills Chapter 8 Traffic and Motor Vehicles boulevard of any public street. Subd. 6 Parking Setback from Intersections. Parking shaH be set back from street intersections as follows: Nlllf: City asked about adding provisions on driveways, firelanes, etc. These provisions could be added, but this entire subdivision foHows State law. Thus, unless the city prefers enforcing an ordinance instead of State statute, there is no need to add provisions or to even leave this subdivision in. A. Twenty (20) feet from crosswalk of any uncontroHed intersection; B. Thirty (30) feet from crosswalk of any controHed intersection; and C. Twenty (20) feet from any intersection without a marked crosswalk. Subd. 7 Administrative Procedures. The City Administrator shaH adopt, from time to time, procedures to provide for the safe and consistent' application of the parking regulations. The City Administrator may grant variances from the application of the parking regulations provided that such variances can be aHowed without creating a safety hazard. Administrative variances shaH be in writing and shaH state the specific time limits during which the variation will be aHowed to occur. Subd. 8 Impoundment. 8- 3 City of Arden Hills Chapter 8 Traffic and Motor Vehicles A. Any vehicle parked in violation of this Subsection is hereby declared to be a traffic safety hazard and nuisance, and the same may be sununarily abated by removing and towing away such vehicle by or under the direction or at the request of any member of the ~D;i~~ql!i,~!e3Yl_m:2tS~m~J1t'PE<?Yj~ !Jeliee ocpartment. Such vehicle shall be stored at such place within or without the City as may be directed by the gj~1l~Rf&gmrJl;,,~1~~~JJfQ!~r~~~lltijl,!2~M!~Ji pelice dcpartrncfit; and within fourteen (14) days of such impounding, the chief of the ~Ltl~!@!~lb!~~ sl!J~~~rI[gXli2.~J; peliee shall mail written notice thereof to the owner at his or her last known address according to the vehicle registration records of the State. Before the owner or his or her agent shall be permitted to remove the vehicle from the custody of the ~D];t~.i:~jE:!l!t,lM!~i;f~$W.Jm!!Pj;2~i~ peliee, he or she shall furnish satisfactory evidence of identity and ownership of the vehicle, pay all reasonable charges for the towing and storage of the vehicle and sign a written receipt for the vehicle. B. As an alternative to the foregoing, the peHee officer may require the owner of an illegally parked vehicle to remove said vehicle from the subject street or highway during the times limited above. Subd. 9 Prima Facie Evidence of Violation. The operation, use or parking of a motor vehicle in violation of this Subsection shall be prima facie evidence that the motor vehicle was at the time of the violation controlled, operated and used by the owner thereof. 8- 4 I ~ I I I I I I . I I I I I I .: I . City of Arden Hills '~ Chapter 8 Traffic and Motor Vehicles ~ I I I I I I . I I I I I I , I 800.04 Unreasonable Acceleration. Subd. 1 Prohibited. Unreasonable acceleration of any motor vehicle on any public or private road or way within the City, as unreasonable acceleration is defined in Subd. 2, is hereby declared to be a public nuisance and shall be prohibited. Subd. 2 Definition. The words, "unreasonable acceleration" of a motor vehicle shall be defined as acceleration without apparent reason, and accomplished in such manner as to cause squealing or screeching sounds by the tires or the throwing of sand or gravel by the tires of the vehicle or both. NQk: Unable to read city's note on this subdivision. Subd. 3 Prima Facie Evidence. Prima facie evidence of such unnecessary and unreason- able acceleration shall be squealing or screeching sounds emitted by the tires or the throwing of sand or gravel by the tires of the vehicle or both. 800.05 Removal of Key Wben Parked. Subd. 1 Required. No person shall leave a motor vehicle unattended on any public road or public property in the City, or upon any unattended parking lot generally held open for the use of the public and operated in connection with a commercial or business establishment in the City, without first stopping the engine, locking the ignition, removing the key from the ignition of the motor vehicle, and taking the ignition key with him or her. 8- 5 City of Arden Hills Chapter 8 Traffic and Motor Vehicles ' Subd. 2 Police Action. Whenever any fl6:Hee officer of the ~jty'~~{t~~igIlat~ll,Ydaw ~mPl:q:~~111~g~] finds any motor vehicle standing in violation of Subd. 1 the peHee officer shall be authorized and directed to remove from the motor vehicle the ignition key left therein and to deliver the ignition key to the officer in charge of the Q1itylsdesi. gfi....'a. led -..,:,~",;."..,k.: ',,: :.:.: .. .. '," l!'~~J.:9ll::~'[~ peHee ael'llrtffiell.t with notice being given to the owner as provided in Section 800.03, Subd. 8. Section 810 - Recreational Motor Vehicles 810.01 General. Subd. 1 Adoption and Incorporation by Reference of Statutes and Regulations. Sections 84.1 through 84.90 of Minnesota Statutes, as now constituted and as hereafter amended, together with the regulations of the Minnesota Department of Natural Resources, including specifically, but not limited to, Sections NRSl through 59 as now constituted and as hereafter amended, are hereby adopted by reference, made a part of this Chapter as though completely set forth herein, and shall regulate the operation of recreational motor vehicles on lands not owned by the operator within the City. At least three (3) copies of the statutes and regulations, as so adopted, shall be marked as official copies and filed in the office of the City Administrator in the City Hall. 8- 6 I ~ I I I I I I . I I I I I I ~ I r . City of Arden Hills I" ~ I I I I I I '- I I I I I I I , I Chapter 8 Traffic and Motor Vehicles Subd. 2 Effect of Violation of Statutes and Regulations. Any violation of the statutes and regulations adopted by reference in Subd. 1 shall be considered a violation of this Section of the Arden Hills Code when it occurs within the limits of the City. Any person violating any provision of this Section shall be guilty of a misdemeanor and shall be punished by a fine B!1'~I11l'\~~ !131gt~].~~d~~Rz""!1@~rlSi~j~~~~~~~~~ea2Jl;;t1~) s"lJ!s ma'Xifu"ii'In7 "enll.lfV!11illthoritell ~b:-'CStafel1[ID . ;' ~"'=~"""~wJl?~~~__h";~'':!~.1~;h'''',,,o''''~~ Subd. 3 Intent. It shall be the intent of this Section to supplement the laws of this State with respect to the operation of recreational motor vehicles, in particular, and Chapters 168 through 171 of Minnesota Statutes, as amended, in general. This Section shall not be intended to allow what the State Statutes prohibit nor to prohibit what the State Starntes expressly allow. Subd, 4 Definitions. For the purposes of this Section, the following words and phrases shall have the meaning respectively ascribed to them: A. All-Terrain Vehicle. "All-Terrain Vehicle" shall mean an off-road vehicle or motorized flotation-tired vehicle of not less than three (3) low pressure tires, but not more than six (6) tires, that is limited in engine displacement to less than eight hundred (800) cubic centimeters and total dry weight of less than six hundred (600) pounds. 8- 7 City of Arden Hills Chapter 8 Traffic and Motor Vehicles B, Operate. "Operate" shall mean to ride in or on and control the operation of a recreational motor vehicle. C. Operator. "Operator" shall mean a person who operates or is in actual physical control of a recreational motor vehicle. D. Owner. "Owner" shall mean a person, other than a lien holder, having owner- ship of or title to a recreational motor vehicle and entitled to the use or possession thereof. E. Recreational Motor Vehicle. "Recreational Motor Vehicle" shall mean a self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for'recreational purposes including, but not limited to, any snowmobile, trail bike, all-terrain vehicle, hovercraft and other motor vehicle licensed for highway operation, which is being used for off-road recreational purposes. F. Roadway. "Roadway" shall mean that portion of a highway improved, designed or ordinarily designed for vehicular traffic. G. Snowmobile. "Snowmobile" shall mean a self-propelled vehicle designed for travel on snow or ice on a natural terrain, steered by wheels, skis or runners. 8- 8 I ~ I I I I I I II I I I I I I , I Ii I I' City of Arden Hills r ." 810.02 Regulations. ~: City indicated to add "all-terrain vehicle" and "snowmobile" to the listing of recreational vehicles in this section but they are included by definition under 810,01. Does city wish to duplicate the listing or leave as just recreational vehicle? Subd. 1 Compliance with Statutes. It shall be unlawful for any person to operate a recreational motor vehicle, or snowmobile upon the traveled portion of any public street or highway except in compliance with all provisions and requirements of Chapter 169 of the Minnesota Statutes, except those which by their nature have no application. Chapter 8 Traffic and Motor VehicIes I I I I I I ,. I I I I I I :. I Subd. 2 Registration. It shall be unlawful for any person to operate a recreational motor vehicle within the City unless such recreational motor vehicle is currently and validly registered with the State and its registered number is conspicuously displayed on the vehicle in accordance with State law. Subd. 3 Operator's Age. It shall be a violation for any person under fourteen (14) years of age to make a direct crossing of a trunk, county state aid,'City road or county highway as the operator of a recreational motor vehicle. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may make a direct crossing of a trunk, county state aid, or county highway, or City road, only if he or she has in his or her immediate possession a valid recreational motor vehicle safety certificate issued by the commissioner of public safety. 8- 9 City of Arden Hills Chapter 8 Traffic and Motor Vehicles Subd. 4 Pennission to Operate on Public Property. It shall be unlawful for any person to operate a recreational motor vehicle upon any lands, except public right-of-ways owned by the City, county, state or school district and as provided in Subd. 5, unless permission to do so is lawfully posted upon such land. Subd. 5 Operation within Right-of-Way. It shall be unlawful for any person: A. To operate a recreational motor vehicle upon the roadway of any trunk, county state aid, City or county highway, and, in the case of a divided trunk or county highway, on that portion of the right-of-way which lies between the opposing lanes of traffic, except as provided herein; B. To operate a recreational motor vehicle within the unpaved portion of the right- of-way of any trunk:, county state aid, City or county highway between the hours of one-half (Ih) hour after sunset to one-half (Ih) hour before sunrise, except on the outer most part of the unpaved portion of the right-of-way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto; and C. To operate a recreational motor vehicle at any time within the right-of-way of any interstate highway or freeway. Subd. 6 Operation on Roadway. It shall be unlawful for any person to operate a 8- 10 I I ~ I I I I I I . I I I I I I ~ I I r ~ I I I I I I II I I I I I I ~ I , City of Arden Hills Chapter 8 Traffic and Motor Vehicles recreational motor vehicle upon the roadway of any City street except as otherwise provided in this Section. Subd. 7 Permission to Operate on Private Land. It shall be unlawful for any person to operate a recreational motor vehicle upon any privately owned lands without the consent and permission of the owner of such lands, given in the manner provided in Chapter 84 of Minnesota Statutes, as amended, which is incorporated by reference and made a part of this Section as if set out here in full. Subd. 8 Crossing Streets, Highways. With respect to direct crossing of a trunk, county state aid, City or county highway, such crossings may be made provided: A. The' crossing is made at an angle of approximately ninety (90) degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and B. The recreational motor vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and C. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and 8- 11 City of Arden Hills Chapter 8 Traffic and Motor Vehicles D. In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway; and E. If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. Provided, however, that operation upon a street or highway, as provided in this Section, may be permitted without reference to these restrictions in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. Subd. 9 Driving under the Influence. It shall be unlawful for any person to operate a recreational motor vehicle while under the influence of intoxicating liquor or narcotics or habit-forming drugs. Subd. 10 Speed Generally. It shall be unlawful for any person to operate a recreational motor vehicle at a rate of speed greater than reasonable or proper under the surrounding circumstances. ~: Checking on 1997 law changes that may apply, but historically snowmobiles have not been regulated. Could not read second note from City. Subd. 11 Careless, Reckless Operation. It shall be unlawful for any person to operate a 8- 12 . I ~ I I I I I I . I I I I I I ~ I I' I' ~ I I I I I I - I I I I I I ~ I - City of Arden Hills Chapter 8 Traffic and Motor Vebicles recreational motor vehicle in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. Subd. 12 Proximity to Residences. It shall be unlawful for any person to operate a recreational motor vehicle within one hundred (100) feet of a residential building, except as otherwise specifically permitted. Subd. 13 Protection of Vegetation. It shall be unlawful for any person to operate a recreational motor vehicle in any tree nursery or planting in a manner which damages or destroys growing stock. Subd. 14 Disturbing Peace. It shall be unlawful for any person to operate any recreational motor vehicle in a manner which constitutes a public nuisance and annoys unreasonably, or injures or endangers the health, safety, comfort or repose of the public. 810.03 Equipment. Subd. 1 General. It shall be unlawful for any person to operate a recreational motor vehicle, unless it is equipped with at least one headlamp and one taillamp, a deadman's throttle, brakes, and any other equipment required by State law, and to standards prescribed by the rule of the commissioner of highways pursuant to the authority vested in him or her by Chapter 84 of Minnesota Statutes. 8- 13 City of Arden Hills Chapter 8 Traffic and Motor Vehicles Subd. 2 Use of Headlight and Taillight. It shall be unlawful for any person to operate a recreational motor vehicle during the hours between one-half hour before sunset and one-half hour after sunrise without the required headlight and taillight being illuminated. Subd. 3 Muffler. It shall be unlawful for any person to operate any recreational motor vehicle unless the recreational vehicle is equipped with a standard engine muffler and exhaust system in good operating condition, as installed by the manufacturer, except that a muffler may not be required when the manufacturer has designed and installed an exhaust system which operates as safely and efficiently without a muffler. Subd 4 Noise Making Devices. It shall be unlawful for any person to operate any recreational motor vehicle which has attached to it any type of noise making devices intended to amplify noise emitted from such machine, including, but not limited to, devices commonly known as megaphones, expansion chambers, operational cutouts or other similar devices. Subd. 5 Mandatory Pennant for Recreational Motor Vehicle. No person shall operate a recreational motor vehicle unless the vehicle is equipped with a red or orange blaze pennant flag of at least forty (40) square inches in area and displayed at a height of not less than five (5) feet above the tread way . 810.04 Operation of All-Terrain Vehicle. It shall be unlawful for any person to operate an 8- 14 .. .. ~ . I I I I I . I I I I I I ~ I r - City flf Arden Hills r ~ I I I I I I '- I I I I I I I ~ I Chapter 8 Traffic and Motor Vehic1es all-terrain vehicle anywhere within the limits of the City from and including April 1 to and including October 31 of each year. ~: City asked why this provision was inserted here. In the original ordinances provided, this appeared to be a stand alone provision that did not apply to anything by all-terrain vehicles, If city has a different intent, it could be moved. 810.05 Inapplicability of Regulations to Governmental Agencies. The regulations contained in this Section shall not be applicable to the operation or use of a recreational motor vehicle by agents, representatives, employees or officials of governmental agencies while in pursuit of their gov- ernmental duties or during emergency situations. 8- 15 Ii , . City' of Arden Hills r " I I I I I I . I I I I I I :. I Chapter 10 Utilities Chapter 10 Utilities' Section 1000 - Water" ~: No changes have been submitted for this chapter, but a note indicates that fees are being discussed. 1000.01 General Operation and Administration. Subd. 1 Public Utility. The City water system (hereinafter called the water system) shall be operated as a public utility and convenience from which revenue will be derived, subject to the provisions of this Section. Subd. 2 ~ner3I Administration. The general administration of the water system shall be under the direction and control of the commissioner of public works, who shall report to the Council upon request of the Council. The commissioner of public works is hereinafter referred to as the commissioner. He or she shall be authorized to appoint representatives, either salaried or nonsa1aried, to discharge the duties provided by this Section and such other responsibilities as may arise in administration of the water system. The City Administrator shall be promptly and fully advised as to the appointment of the 'State law references-Utilities, M.S. ~ 412.321 et seq.; municipally owned utilities, M.S. Ch. 452; waterworks, sewers; drains, storm sewers, M.S. Ch. 444. "State law references-Waterworks, M.S. Ch. 444, authority to provide for waterworks, M.S. ~ 412.221(11); sewer and water connections, M.S. ~ 412.221(31). 10 - 1 City of Arden Hills Chapter 10 Utilities representatives. Subd. 3 Records. The City Administrator shall be responsible for the keeping of records relating to the water system, including records of permits and finances in connection therewith, but shall report thereon to the commissioner. Subd. 4 Engineer. The City engineer shall perform the duties provided for him or her in this Section and shall provide additional consultation and advice as the commissioner shall request from time to time. Subd. 5 Private Wells. References in this Section to the water system shall not be deemed to apply to privately-owned wells unless the language used specifically requires such application. 1000.02 Use of Water Restricted to Authorized Persons. No person shall make, construct, or install any water service installation or make use of any water service which is connected to the water system except in the manner provided in this Section. 1000.03 Wilful Damage to Water System. No person shall remove, alter, damage, or trespass upon any structure, appurtenance or property of the water system, or cause water to be consumed, diverted, restricted, wasted or contaminated in any manner unless permitted pursuant to written authorization or a permit from the City. 10 - 2 'I 1 -- I I I I I I -- I I I I I I I -. I I' . City 'of Arden Hills I' ~ I I I I I I - I I I I I I :. I Chapter 10 Utilities 1000.04 Discontinuance of Service for Violations. Subd. 1 General. Subject to the provisions of this Subsection, water service may be shut off at any stop box connection whenever: A. The owner or occupant of the premises served, or any other person working on any pipes or equipment thereon connected with the water system, has violated or threatens to violate any of the provisions of this Section. B. Any charge for water, service meter~ or any other fInancial obligations imposed under this Section for the premises served by the connection are unpaid for a period of two (2) consecutive calendar-year quarters. C. Fraud or misrepresentation by the owner or occupant of the premises served in connection with the application for service. Subd. 2 Notice. Water shall not be shut off under Subdivision 1 above until notice and an opportunity for a hearing shall have fIrst been given to the occupant (the "customer") of the premises involved. The notice shall be personally served in the same manner as summonses in civil actions and shall state that if payment, proof of paymenfi or proof of no violation of Subdivision 1 above have not been made before a date specifIed in the notice, but not less than thirty (30) days after the date on which the notice has been given, the water supply to 10 - 3 City of Arden Hills Chapter 10 Utilities the premises shall be shut off. The notice shall clearly inform the customer of the available opportunities to present tQ~the City hislher objections to the bill or the violation claimed in "'~''- the notice and shall identify the telephone number, address and officer or employee of the City who will receive the customer's payment andlor review the customer's facts and files and has authority to decide whether payment has in fact been made or a violation has not occurred, to correct any errors in billing and to arrange for credit terms. The notice shall also state that the customer may, before the date, demand in a writing (which shall contain the customer's return address) a hearing on the matter. Subd. 3 Restriction on Shut-off. If, by the date specified in the notice, the City has received the customer's demand for a hearing, then the City shall not shut off the customer's water supply until after the hearing has been held, and the panel required by this Subsection has determined that the water supply should be discontinued. If the customer has paid to the City hislher delinquencies. plus the cost of serving the aforesaid notice upon him/her, or has furnished the City with proof of the payment satisfactory to the officer specified in the notice, or has cured any nonmonetary violations to the satisfaction of the officer-by the date specified in the notice-then the City shall not shut off the customer's water supply. Subd. 4 Hearing. A. If the customer demands a hearing in writing which demand must be received by the City before the date specified in the notice provided in Subd. 2 and must 10 - 4 I I -. I I I I I I ell I I I I I I I -. I I' City of Arden Hills I' ~ I I I I I I ~ I I I I I I I ~ I Chapter 10 Utilities specify the customer's return address or post office address for purposes of the notice of hearing. The City Administrator shall appoint a panel of three (3) impartial residents of the City who shall hold a hearing on the matter with reasonable promptness after the appointment of the last of the three (3) members on the panel. No less than seven (7) days' written notice of the hearing of the panel shall be given to the customer. The notice of hearing shall specify the date, time and place of the hearing and the purpose thereof. It shall be sent by certified or registered mail, return receipt requested. The date it is deposited in the U.S. mail system is the date that it shall be deemed to have been given. B. If, as a result of the hearing, the panel fmds that the amount claimed to be owing is actually due or that the customer has committed one (1) of the nonmonetary violations described in Subdivision 1 above, and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this Section, then the City shall be authorized to shut off the supply. Where the violation is a nonmonetary one, the panel shall specify the cure for the violation, if any, and give the customer a reasonable opportunity to effect the cure before authorizing the City to disconnect the water supply. Subd. 5 Cold Weather Rule. Where a customer's water service is essential to his or her primary heating service, water shall not be shut off between October 15 of any year and the following April 15 except in accordance with the Minnesota Cold Weather Rule found in 10 - 5 City of Arden Hills Chapter 10 Utilities M.S. 216B.097. Subd. 6 Restoration of Service. When water service to, any premises has been discontinued, service shall not be restored except upon payment of all delinquent amounts due, or correction of the nonmonetary violation of Subdivision 1 hereof to the satisfaction of the City Administrator, plus the costs for serving the notices required hereinabove and plus a fee for disconnection and reconnection in the amounts as are from time to time established by resolution of the Council. 1000.05 Deficiency and Temporary Shut-off Water. The City shall not be liable for any deficiency or failure in the supply of water to consumers, whether occasioned by shutting the water off for the purpose of making repairs or connections, or from any other cause whatever. In case of fire, or alarm of fire, or in making repairs or construction of new works, water may be shut off at any time and kept shut off as long as necessary. 1000.06 Supply from One Service. No more than one housing unit or building shall be supplied from one service connection except by special permission of the conunissioner. Whenever two (2) or more housing units or buildings are supplied from one pipe connecting to a distribution main each building or part of building shall have a separate stop box and a separate meter. 1000.07 Tapping of Mains Prohibited. No person except those duly authorized by the City shall tap any distributing main or pipe of the water supply system, or insert stop-cocks or ferrules in any 10 - 6 1 ~ I I I I I I . I I I I I I I .. I I' Chapter 10 Utilities I_ City of Arden Hills fII such pipe. I I I I I I . I 1 I 1 1 I 1 ~ 1 1000.08 Repair of Leaks. It shall be the responsibility of the consumer or owner to maintain the service pipe from the curb box into the house or building. In case of failure upon the part of any consumer or owner to repair any leak occurring in his or her pipe within twenty-four (24) hours after verbal or written notice thereof, the water shall be shut off and shall not be turned on until the sum of ten dollars ($lO.OO) has been paid and the leak repaired. When the waste of water is great, or when damage is likely to result from the leak, the water may be turned off immediately pending repairs. 1000.09 Abandoned Services. Subd. 1 Disconnection. AIl service installations that have been abandoned or have not been used for three (3) years shall be disconnected at the main by the City. All pipe and appurtenances removed from such connections shall be the property of the City and any expense of the City in connection with the disconnection shaH be charged to the property. Subd. 2 New Buildings. When new buildings are erected on the site of abandoned services, and it is desired to increase or change the old water service, no connections with the mains shall be made until all the old service shall have been removed and the main connection plugged by the City. Any expense of the City in connection with the removal and plugging shall be charged to the property. The commissioner shall have the power, in his 10 -7 City of Arden Hills Chapter 10 Utilities or her discretion, to permit continuance of the old service until the new service is connected to the property, when immediate removal of the old service would constitute a hardship. 1000.10 Service Pipes. Every service pipe shall be laid in such manner as to allow not less than one foot of extra length and in such manner as to prevent rupture by settlement or otherwise. The service pipe shall be placed no less than seven (7) feet below the surface and in all cases so arranged as to prevent rupture by freezing. Joints in service pipe or tubing shall be kept to a minimum, with not more than one splice or coupling joint in each seventy (70) feet of length. 1000.11 Use Confined to Premises. No person shall permit water from the water system to be used for any purpose except upon his or her own premises unless written consent is obtained from the commissioner. 1000.12 Connections at or Beyond City Limits. Where water mains of the City or an adjacent municipality are in any street or alley adjacent to or outside the corporate limits of the City, the commissioner may issue permits to the owners or occupants of properties at or beyond the City limits and accessible to the water mains to make water service pipe connections with the mains and 10 be supplied with water from the mains in accordance with the applicable provisions of this Section and all pertinent and applicable contract provisions. 1000.13 Restrictions and Lirnitatious of Water Use. All water customers shall be subject to applicable regulations of the City or other regulations to which the City is subject by contract 10 -8 ". -. -- I I I I I I ~ I I I I I I I .. I 1_ City of Arden Hills " I I I I I I '- I I I I I I I , I r Chapter 10 Utilities relating to limitations in the time and manner of using water or relating to the preservation, regulation and protection of the water supply. 1000.14 Private Water Supplies. No water pipe of the water system shall be connected with any pump, well, tank, or piping that is connected with any other source of water supply unless the connection is approved by the commissioner in accordance with contract responsibilities of the City and any other pertinent regulations. 1000.15 Private Wells. Private wells may be maintained and continued in use after connection is made to the water system, provided there is no means of cross-connection between the private well and municipal supply at any time. Hose bibbs or faucets equipped with hose threads that will enable the cross-connection of the two (2) systems are prohibited on internal piping of the well supply system. The threads on the drain or the bibb of the well volume or compression tank shall be , removed or the drain bibb replaced with a sink faucet without hose threads. Where both private and City systems are in use outside hose bibbs shall not be installed on both systems. 1000.16 Use of Water for Air Conditioning. All air conditioning systems which are connected directly or indirectly with the public water system shall be equipped with water conserving and water regulating devices as approved by the commissioner. 1000.17 Permits Required for Air Conditioning. Permits shall be required for the installation of all new air conditioning systems connected directly or indirectly to the public water system. The 10 - 9 City of Arden Hills Chapter 10 Utilities permit shall be on forms as provided by the City. 1000.18 Connections Barred. No connection shall be allowed to a building piping system that contains any connection, fixture, or source of pollution not allowed by the State plumbing code, the St. Paul Water Department, or regulations of the City of Roseville, 1000.19 Connections. Subd. 1 Applications. A. All applications for permits for service installations and for water service connections shall be made to the City Administrator on printed forms furnished by the City. B. Applications for permits for service installation shall be made by the owner of the property to be served or by the owner's agent and shall state the size and location of the service connection required. The applicant shall, at the time of making application, pay to the City the amount of fees or deposit required for the installation as provided in this Section. C. When the service has been installed, application for water service may be made to the City Administrator by the owner, his or her agent, or the tenant or occupant 10 - 10 I I -- I I I I I I -- I I I I I I I -. I ,. I I ' City of Arden Hills " I I I I I I - I I I I I I I , I Chapter 10 Utilities of the premises. Subd. 2 Meters. A. The size of water service meters shall be subject to approval of the commissioner in the case of nomesidential service. B. A meter spacer with tailpiece couplings shall be furnished to the plumber at the time a connection pennit is issued. Meter spacers shall be picked up when the meter is installed under City supervision after completion of water service installation. C. The plumber shall notify the City Administrator within twenty-four (24) hours after piping is complete and ready for meter installation, giving the street address and service installation pennit number for the premise requesting service. Inspections as the commissioner shall deem appropriate shall be made on behalf of the City. In all cases, connection to the system must be made within sixty (60) days after the pennit is issued or the pennit shall expire and be invalid.. D. Water billings shall start at the time of the installation of the water meter; or in the event the water meter is not installed within thirty (30) days, shall commence upon the thirty-frrst day from the date of the pennit, and shall be calculated upon the 10 - 11 City of Arden Hills Chapter 10 Utilities minimum quarterly rate, prorated on a monthly basis. Subd. 3 Service Charges. A. Permits must be obtained to connect to the existing water service leads at the curb box and the interior plumbing. The permit fee for each of these connections shall be as established from time to time in a resolution adopted by the Council. No permit shall be issued except to a licensed plumber. B. In the event that, through the fault or omission of the owner of the subject property, a curb box or a service lead has not been installed for the property, then additional fees shall be paid at the time of making application for tapping the water main, which charges shall be as follows: 1. For the installation of a one-inch service connection where the installation is to be in an unsurfaced street, the fee shall be as established in a resolution adopted by the Council. This fee shall include the tapping of the water main, the installation of the service line, and the installation of the curb stop and box. 2. For the installation of a one-inch service connection where the installation is to be upon a surfaced street, the fee shall be such fee as has been 10 - 12 1 ~ I I I I I I .- I I I I I I I '- I i' \_ City of Arden Hills ~ I I I I I I - I I I I I I I ~ I Chapter 10 Utilities established by Council resolution for the restoration of a typical road-mix bituminous street, but where the installation involves the restoration of a higher type street, the fee shall be such as has been set by the City engineer as approved by the Council on the basis of the cost of restoration. In any such installation, the location of the main shall be obtained from the City engineer. The foregoing fee shall be in addition to the other fees set in this Subdivision. All backfill materials shall be mechanically compacted in twelve-inch layers in place in roadway area to existing street grade. 3. In the event of connections larger than one inch the fee in addition to that set forth above shall be fixed by the City engineer as approved by the Council on the basis of the estimated cost of installing the service. C. A service charge in the amount established by Council resolution shall be made for turning on water where service has been turned off for violation of any provision of this Section, except for cases where a higher charge is provided for. Subd. 4 Time for Connectious. If, for any cause, the plumber or contractor laying the service pipe should fail to have the connection made at the time specified in his or her application, notice shall be given to the City Administrator fixing another day on which he or she wishes to make connection. The notice shall be given at least two (2) days prior to the excavation for laying of the service pipe, and the connection shall be made before 4:30 10 - 13 City of Arden Hills Chapter 10 Utilities p.m., except in special cases, and then the work shall be done only upon written order from the conunissioner. In any event, connection shall be made within sixty (60) days after the permit is obtained. Subd. 5 Property Assessments. Before a permit for water main tapping shall be issued, the following conditions shall be complied with: A. A connection permit to service, directly or indirectly, any lot or tract of land shall not be issued until the City Administrator shall have certified to one of the following: 1. That the lot or tract of land has been assessed for the cost of construction of the water main with which the connection is to be made; or 2. If no assessment has been levied for the construction cost, the proceedings for levying the assessment have 'been or will be completed in due course; or 3. If no assessment has been levied and no assessment proceedings will be completed in due course, that the City has been paid an amount equal to the estimated assessment against the lot or tract for the construction of the main. 10 - 14 -I -I -- I I I I I I -- I I I I I I I -- I I' City of Arden Hills I- ~ I I I I I I . I I I 1 I I I ~ I Chapter 10 Utilities B. If for any reason the City Administrator cannot issue a certificate as provided in this Subdivision, and there has been an assessment proceeding in connection with the construction of the main, then the City engineer shall compute the assessment which would have been levied against the subject lot or parcel on the same basis as assessments previously levied against other property for the main, and the City Administrator's certificate may be issued upon payment of the amount to the City Administrator. In the event that there has been no assessment proceeding in connection with the laying of the main, the City engineer shall compute the charge to be made for the connection on the basis of the benefit to the property from the construction of the main, and the City Administrator's certificate shall be issued upon payment of the charge. C. In 1feu of requiring payment of the charge as computed under this Subdivision at the time the connection permit is issued, the Council may, upon request of a property owner desiring the connection, certify the amount to the County Auditor, together with a legal description of the premises' served, to the end that the connection charge shall be paid in equal installments over a period of twenty (20) years, with ,interest thereon at the rate of six (6) percent per annum, in the same manner as provided for collection of assessments in Chapter 429 of Minnesota Statutes, as amended. Subd. 6 Turning on Water. No person other than an authorized City employee shall turn 10 - 15 City of Arden Hills Chapter 10 Utilities any water supply on or off at the stop box without permission from the commissioner. Subd. 7 Location of Stop Boxes. ,Curb stop boxes shall be installed at a point on the property line most suitable to the property and shall be left in an accurate vertical position when back-filling is completed. Curb stop boxes will be installed at an approximate depth of seven (7) feet below the grade established by the City engineer. Subd. 8 Supervision by Plumber. All piping connections from the curb box to the house supply piping shall be made under the supervision of a licensed plumber. Subd. 9 Connections Within City to Systems Outside City. The Council recognizes that in certain border areas of the City water service for property in the City may be more economically and conveniently obtained from water systems outside of the City. The Council also recognizes that connection charges may be imposed by other municipalities for the service to property in the City, which connection charges are usually required to be paid in a lump sum at the time of connection, thus imposing a hardship upon the property owner in the City. Since all property in the City bears a greater tax: burden because of the establishment of the City's municipal water system, the Council considers it equitable to aid property owners thus required to obtain water service from other systems. A. In the event a City property owner requests water service of this City, and the City engineer advises this City that the property concerned is a border area to which 10 - 16 I I -. I I I I I I -- I I I I I I . . -. I City Of Arden Hills Chapter 10 Utilities .- I I water service may be best supplied, on a practical and economic basis, from a water system other than that of this City, upon recommendation of the commissioner of public works of this City the Council may permit connection to the outside water system and permit payment of connection charges in the manner provided in this Section. I I I I I I - I I I I I I I ~ I B. Such charge as may be made by another municipality for permitting the connection to its water system may be paid to the other municipality by this City from the City's general fund. Such payment shall not be made unless the request to proceed is made in writing by the City property owner, with the status of the property owner to be conclusively presumed from the records in the office of the County Auditor. If the person in possession of the premises is other than the record property owner such person must join in the request. C. Each connection charge paid by the City as provided in Subpart B above shall be divided into twenty (20) equal installments, and one equal installment, with six (6) percent interest per annum from the date of payment of the City, shall be certified to the County Auditor, together with the legal description of the premises served, for payment together with the taxes upon such property. The remaining nine- teen (19) installments, with interest on each as set in this Subpart, shall be certified in the same fashion, one each year until the entire balance with interest is paid. The balance of the installments, with interest accrued to the date of payment, may be 10 - 17 City of Arden Hills Chapter 10 Utilities paid to the City at any time before any installment is certified. The charges shall also be collectible, if required, directly from the owner, lessee, or occupant of the premises, as provided in Section 444.075 of Minnesota Statutes. 1000.20 Rates and Charges, Subd. 1 Keeping Water Accounts. All water accounts shall be kept by the City Administrator by house and street number and under the account number assigned thereto, and also by the name of the owner or of the person signing the application for service. Bills and notices sent out by the City Administrator shall be sent to the house or street number of the party. If nonresident owners or agents wish notice sent to a different address they shall file an application therefor with the City Administrator. Any error in address shall be promptly reported to the City Administrator. Subd. 2 Water Rates. A. The rate due and payable by each water user within the City for water taken from the water system shall be as established in resolutions adopted from time to time by the City Council. B. In case the meter is found to have stopped, or to be operating in a faulty manner, the amount of water used will be estimated in accordance with the amount used 10 - 18 I ~ I I I I I I - I I I I I I .: I ,. 1- ~ I I I I I I . I I I I I I I " I City of Arden Hills Chapter 10 Utilities C. Where service is for less than a quarterly period~ the quarterly charge shall be prorated on a monthly basis. D. Rates due and payable by each water user located beyond the territorial boundaries of the City shall be determined by special contract. E. In case a service pipe is connected to the stop box and laid into the building, but the property owner does not wish to connect immediately to the building piping for use, the minimum rates shall be charged as provided in Subpart A above. F. In the event the water customer elects to discontinue use of municipal water the minimum charge shall continue until such date as the' service pipe is excavated and disconnected at the stop box. G. In addition to the above charges for water consumption, each water user within the City shall pay an additional quarterly demand charge for the purpose of covering . certain fixed costs of the City in maintaining the municipal water system, which charges shall be as established in resolutions adopted from time to time by the City 10 - 19 City of Arden Hills Chapter 10 Utilities Council. Subd. 3 Hydrant Fee. The owner of a parcel of improved residential property, any portion of which is located within four hundred (400) feet of a fire hydrant, shall also pay the quarterly demand or standby charge as is established from time to time by resolution adopted by the City Council, even though the property is not connected to the municipal water system. . Similarly, the owner of any parcel of improved or nonresidential property, any portion of which is located within four hundred (400) feet of a City fire hydrant, shall pay the quarterly demand or standby charge as is established by a resolution adopted from time to time by the City Council. Subd. 4 Payment of Charges. Statements for total water charges for the preceding quarterly period shall be mailed by the City Administrator to each customer on or before the twentieth day of January, April, July and October of each year. Such statements shall be due on the last day of the month following the quarterly period covered by the statement. Any prepayment or overpayment of charges may be retained by the City and applied to subsequent quarterly statements. Subd. 5 Delinquency Penalties and Collection of Delinquent Charges. A. A delinquency penalty of eight (8) percent of the unpaid water bill for charges shali be charged, effective on the date stated, in accordance with the following 10 - 20 '. -. -. . . . . . I . I I I I I I I -- I I' City of Arden Hills I, ~ I I I I I I . I I I I I I I ~ I Chapter 10 Utilities schedule: L For the 1st quarter-June 1 2. For the 2nd quarter-September 1 3. For the 3rd quarter-December 1 4. For the 4th quarter-March 1 If the delinquency date falls on a nonbusiness day for the City Hall, the penalties shall be imposed on the next business day, but first crediting pilyments received on that day. B. Except as otherwise provided in this Section, the delinquency penalty shall be imposed upon and added to all unpaid water bills by the City Administrator and mailed in the usual course at the next regular billing date, showing in the same bill the current billing after the first penalty date. C. The Council has noted that under Subdivision 4 section bills are due at the end of the billing month, and accordingly the delinquency charge shall be imposed more than a month after the due date of a billing. D. Any amounts due for water charges may be collected in a civil action brought for that purpose in the name of the City; or the City Administrator, upon direction 10 - 21 City of Arden Hills Chapter 10 Utilities by the Council, may certify to the County Auditor the amount due, together with the legal description of the premises served, and the City Administrator, in so certifying, shall add to the amount ,as a separate item, in addition to the delinquency penalty hereinbefore provided, an additional delinquency penalty of eight (8) percent of the original unpaid amount, inclusive of any previous delinquency penalty. The County Auditor shall enter the amount as part of the tax levied on the premises to be collected during the ensuing year. No additional delinquency penalties shall be added to unpaid bills after certification to the County Auditor as provided in this Subdivision. To avoid imposition of this additional delinquency penalty, payment in full of the unpaid water bill and the original or previous delinquency penalty must be received by the City Administrator no later than November 30. Subd. 6 Waiver of Minimum Payments for Senior Citizens or Disabled Citizens. The Council may, by resolution passed in its reasonable discretion, waive minimum payments required under this Section where the charges are imposed upon property owned or occupied by citizens sixty-five (65) years of age or older or citizens who are totally disabled within the meaning of Social Security regulations and as permitted by State law. 1000.21 Meters and Hydrants. Subd. 1 Meter Required. No person shall use water from the water system or permit water to be drawn from the system unless the water is metered by passing through a meter 10 - 22 . I -. I I I I I I " I I I I I I I - I I' ,. City of Arden Hills ~ I I I I I I . I I I I I I I " I Chapter 10 Utilities supplied or approved by the City; provided, however, this requirement shall not apply to water withdrawn by authorized City employees acting on City business or to water withdrawn for use in fIfe-fighting. Unless authorized by the commissioner, no person shall connect, disconnect, take apart, or in any manner change or cause to be changed, or interfere with any such meter or the action thereof. Subd. 2 Security Deposit. A. Each water customer of the City shall make a security deposit for a water meter before installation of the meter, which deposit shall be in the amount of one hundred twenty (120) percent of the actual cost of the meter rounded to the nearest five dollars ($5.00) over the actual cost. At the time the security deposit is made on a water meter, an additional fee in an amount established from time to time by Council resolution shall be paid by the customer to the City to cover the expense of installation of the meter. This additional fee shall be made only upon installation of meters two (2) inches or smaller in size. B. The security deposit shall be kept by the City Administrator as a credit against the property upon which the meter has been installed, without reference to the ownership of the property. The deposit shall be refunded to the property owner only on request in the event municipal water service to the property is discontinued and the service pipe is disconnected at the stop box and the meter is removed; provided, 10 - 23 City of Arden Hills Chapter 10 Utilities however, that charges against the property under the provisions of this Section may first be deducted from the deposit. The refund of the deposit, plus any required interest, less any deductions, shall be made by the City Administrator to the customer within forty-five (45) days after discontinuance of municipal water service to the property, disconnection of the service pipe at the stop box, and removal of the meter. C. At the time the security deposit is made, the City Administrator shall provide the customer with a written receipt which shall also specify that any charges due and unpaid against the property pursuant to the provisions of this Section at the time of discontinuance of municipal water service to the property may be deducted from the deposit prior to its return to the customer. D. A meter on a service line larger than two (2) inches is to be furnished and installed at the expense of the property owner, and accordingly no security deposit shall be required. Subd. 3 Maintenance, Replacement of Meters. The City shall maintain and repair all meters when rendered unserviceable through ordinary wear and tear and shall replace them, if necessary. However, where replacement, repair, or adjustment of any meter is rendered necessary by the act, neglect, including damage from hot water backup, or carelessness of the owner or occupant of any premises, any expense caused the City thereby shall be 10-24 '. -. -- I I I I I I . I I I I I I I '- I 1 1_ City of Arden Hills ~ I I I I I I ~ I I I I I I I ~ I Chapter 10 Utilities charged against and collected from the water consumer. Subd. 4 Rereading of Meters. A consumer may have his or her meter reread by making written request therefor and depositing the amount stated below with the City Administrator at the time the request is made. In the event the test shows an error of over five (5) percent of the water allegedly consumed, the deposit shall be refunded to the consumer and a correctly-registering meter shall be installed, with the bill to be adjusted in accordance with the corrected reading. If there is no error or the error is less than five (5) percen~ the deposit shall be retained by the City. Any adjustment shall not extend for more than one billing period before the date of the request for test. The deposit charges for meter testing shall be as established from time to time in a resolution adopted by the Council. Subd. 5 Rental Fee. All meters, except those on a service line larger than two (2) inches which have been furnished and installed at the expense of the property owner and for which no security deposit has been made shall be the property of the City. A rental fee equal to six (6) percent per annum of the amount of the security deposit on each water meter which is the property of the City shall be charged to the customer for the use of the City's water meter. With respect to each water meter, for which a security deposit has been made, installed and in place on or before August 1, 1974, this rental fee shall be charged to the customer using the same from August 1, 1974. For each water meter, for which a security deposit has been made, installed after August 1, 1974, this rental fee shall be charged to the customer using the same from the date on which the security deposit was made. This rental 10 - 25 City of Arden Hills Chapter 10 Utilities fee may be set off or credited against any interest due each customer on the security deposit he or she has made. Subd. 6 Right of Access. Authorized City employees shall have free access to premises connected with the water system at reasonable hours of the day for the purpose of reading and inspecting meters. Subd. 7 Compound Meters. Where a potable water service line larger than two (2) inches is installed or where flows are sufficiently large in the opinion of the commissioner to require a meter larger than two (2) inches, the occupant or owner of the subject premises shall cause to be furnished and installed a compound meter consisting of dual integral measuring elements for high and low flow rates. The type and manufacturer shall be as designated by the commissioner. Subd. 8 Fire Protection System. Where a service line is installed to serve, in total or in part, a private fIfe protection system, the owner or occupancy of the premises shall cause to be furnished and installed on the line serving such purpose an approved detector check-type meter, approved as to make by the cornrnissioner. Subd. 9 Water Meter Setting. All water meters shall be installed in accordance with the following rules: 10 - 26 I ~ I I I I I I . I I I I I I I .. I r City of Arden Hills I' " I I I I I I ~ I I I I I I I ~ I Chapter 10 Utilities A. The service pipe from the water main to the meter, when the pipe enters the building, shall be brought through the floor or bottom course of concrete block foundation at a depth in accordance with the provisions of Subsection 1000.10. However, this may be waived by the commissioner if strict compliance with the provision would create a hardship in a particular situation. B. The meter shall be located so that the bottom is from twelve (12) inches to twenty-four (24) inches above the finished floor line. The meter shall be set not less than six (6) inches nor more than twelve (12) inches measured horizontally from the inside line of the basement wall, unless an alternate method is approved by the commissioner. C. All meter installations shall have a gate valve on the street side of the meter. In no case shall there be more than twelve (12) inches of pipe exposed between the point of entrance through the basement floor and the valve. A gate valve shall also be installed on the house side of the meter. All fittings and pipe shall be red brass or bronze, except that pipe over two (2) inches in diameter may be iron. Gate valves shall be brass one hundred twenty-five (125) pounds standard, except valves larger than two (2) inches may be iron body. There shall also be installed on the house side of the meter gate valve a three-quarter inch side outlet tee and plug to provide for future installation of a two (2) inch air chamber or shock absorber. 10 - 27 City of Arden Hills Chapter 10 Utilities 1000.22 Fire Hydrants. Subd. 1 Use of Fire Hydrants. No person shall operate fire hydrants or interfere in any way with the water system without fIfst obtaining a permit to do so from the commissioner, with the exception of authorized City employees on City business or fIfe-fighting personnel. Permits may be issued by the commissioner in accordance with the following procedure A. A permit to use a fire hydrant shall be issued for each individual job or contract, for a minimum of thirty (30) days and for any additional thirty (30) day periods as the commissioner shall determine. The permit shall state the location of the hydrant and shall be for the use of that hydrant alone, except as otherwise specified in the permit. B. The applicant for a permit shall make an advance cash deposit in the amount as has been established by Council resolution. The purpose of the cash deposit is to guarantee payment for water used and to cover any breakage or damage to the hydrant. Such deposit shall be refunded upon expiration of the permit, after deduction for any applicable charges for use or damage. C. The user shall pay a rental charge based both upon the time of use and the gallons of water used. This rental charge shall be established from time to time by Council resolution. 10 - 28 I I -. I I I I I I " I I I I I I I .. I I' I' ~ I I 1 I I , -- I I I I I I I ~ I City of Arden Hills Chapter 10 Utilities Subd. 2 Hydrant Rentals. A. Owners of private property on which fire hydrants are located shall pay an annual standby charge, the amount of which shall be as established in a resolution adopted by the CounciL This charge shall be a specified amount per hydrant. In addition, if the City installs a hydrant on private property at the request of the owner, the owner shall be charged the actual cost to the City of materials and labor for the installation, B. This charge shall not apply to a hydrant installed in the usual manner on boulevards or street right-of-ways, but only to those installed on private property. 1000.23 Permits ReqUired for Private Use of Water Towers. No person shall install any radio aerial on, or in any way use, any municipal water tower for private use without fIfst obtaining a permit from the Council to do so. Subd. 1 Terms of Permit. Any person desiring to obtain a permit to install a private radio aerial on a water tower shall file an application with the City Administrator and have the application approved by the City engineer and chief of police. If the permit is issued by the Council it shall only be valid so long as the applicant pays to the City the fee as has been established therefor in a resolution adopted by the Council, and the permit must be renewed annually. The original payment must be made at the time of application for the permit. 10 - 29 City of Arden Hills Chapter 10 Utilities Subd. 2 Canceling Permits, The Council may at any time cancel any such permit issued to any person by returning to the holder of the permit the unused portion of the annual fee. Section 1010 - Sewers' 1010.01 General Operation. The entire municipal sanitary sewer system shall be operated as a public utility and convenience from which revenues will be derived, subject to the provisions of this Section. 1010.02 Connections Required. Subd. 1 Existing Buildings. Any building used for human habitation and located on property adjacent to a sewer main, or in a platted block through which the system extends, shall be connected to the municipal sanitary sewer system within two (2) years from the date on which a connection is available to the building. Subd. 2 New Buildings. All buildings constructed after the adoption of this Code within the City on property adjacent to a sewer main or in a platted block through which the municipal sanitary sewer system extends, shall be provided with a connection to the sewer 'State law reference-Sewage and rubbish disposal, M.S. Ch. 443.--NOTE: 443 only applies to rubbish, 444 deals with sewage. 10 - 30 I ~ I I I I I I . I I I I I I I .. I I"~ I. ~ I I I I I I . I I I I I I I " I City of Arden Hills Chapter 10 Utilities system for the disposal of all human wastes. 1010.03 Certain Connections Prohibited. No buildings located on property lying outside the limits of the City shall be connected to that portion of the sanitary sewer system of the City discharging into the Roseville-St. Paul Sanitary Sewer System, unless express authorization for the connection is first obtained from the Councils of this City, the City of Roseville, and the City of St. Paul. 1010.04 Supervision of Connections. The plumbing inspector shall supervise all sewer con- nections made to the municipal sanitary sewer system and excavation for the purpose of installing or repairing the same. 1010.05 Permits. Any person desiring a connection to the municipal sanitary sewer system shall apply to the City for a permit therefor. The application shall be submitted on blanks furnished by the City Administrator and shall be accompanied by plans, specifications and any other information as is desired by the plumbing inspector, together with the required permit and inspection fee. All costs and expenses incident to the installation and connections shall be borne by the owner, and he or she shall indemnify the City for any loss or damage that may, directly or indirectly, be occasioned by the installation of the sewer connection, including restoring streets and street surfaces. Permits for the connections shall be issued only to a plumber duly licensed by t\1e State Board of Health or to anyone not so licensed who owns and actually occupies as his or her residence the premises or that part of the premises upon which the sewer connection work is to be 10 - 31 City of Arden Hills Chapter 10 Utilities performed. 1010.06 Tampering with System., No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which , is a part of the municipal sewer system. 1010.07 Maintenance. Each property owner shall be responsible at all times for the maintenance of his or her sewer connection to the municipal sanitary sewer system, and shall have the obligation to keep the connection in good repair, to the end that there shall be no interference or obstruction to the sewer system as a whole, nor shall there be any violation of this Section, and the laws of the State. The plumbing inspector shall be authorized to make the inspections of the sewer connections as he or she may deem necessary to accomplish this purpose, and the property owner shall be responsible for carrying out the instructions as the plumbing inspector deems necessary to accomplish this purpose. 1010.08 Types of Wastes Restricted or Prohibited. It shall be unlawful to discharge any wastes or cause or allow any wastes to be discharged into the municipal sanitary sewer system of the City which do not comply with the laws and regulations promulgated by the State or as set forth in this Section. Subd. 1 Grease, Oil and Sand. To ensure the proper discharge of waste containing . excessive amounts of grease, oil or sand, the City plumbing inspector may require that 10 - 32 , '. I -- I I I I I I . I I I I I I I '- I (. I. ~ I I 1 1 I I . I I I I I I I ~ I City of Arden Hills Chapter 10 Utilities grease, oil and sand traps or interceptors be provided, which traps or interceptors shall comply in all respects with the requirements set forth in the Minnesota Plumbing Code; provided, however, that such traps or interceptors shall not be required for private dwelling units which discharge only normal wastes. Such traps or interceptors shall be maintained by the owner, at his or her expense, and shaIl be regularly cleaned and maintained for adequate performance and efficient operation at all times. Any subsequent alterations or additions to the traps or interceptors shall not be made without due notice to and approval by the City plumbing inspector. Subd. 2 Industrial Waste. With respect to the discharge or potential discharge of "industrial waste", which for purposes of this Section shall be defmed a$ any solid, liquid, or gaseous waste, including cooling water, resulting from any industrial or manufacturing process or from the development, recovery or processing of natural resources, the discharger or potential discharger of the industrial waste shall be subject to the requirements and procedures of the Metropolitan Sewer Board set forth in Sections 5-9 through 5-14 of Article V. of the Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System, and shall obtain the approval of the chief administrator of the metropolitan disposal system of plans and specifications for any and all facilities to be used in discha!ging the industrial waste, including meters and sampling facilities (if required), prior to construction and installation of the facilities; provided, however, that the City engineer shall have fIfSt approved the metering equipment to be or being used prior to the submission of the plans to the chief administrator of ' the metropolitan disposal system for his or her 10 - 33 City of Arden Hills Chapter 10 Utilities approval. Subd. 3 Drainage Water. It shall be unlawful for any person to discharge or cause to be discharged into the municipal sanitary sewer system of the City, either directly or indirectly, any roof, storm, surface or groundwater of any type or kind. 1010.09 Accidental Discharges. Section 5-15 of Article V. of the Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System, is incorporated and adopted herein by reference and shall be applicable to any and all accidental discharges of prohibited waste into the sanitary sewer system of the City which either directly or indirectly eventuates in such prohibited waste flowing into the Metropolitan Disposal System. 1010.10 Construction Requirements. Subd. 1 General. Those provisions of the State plumbing code, as contained in the building code of the City, which apply to the construction, alignment, grades, joints and connections of sewers and materials used therewith are hereby adopted by reference and made a part of this Code as if set out here in full. Subd. 2 Use of Old House Sewers. Old house sewers or portions thereof may be approved for use by the plumbing inspector. The plumbing inspector may request that the old sewer be excavated for the purpose of facilitating inspection. No cesspool or septic tank shall be 10 - 34 I ~ I I I I I I .. I I I . I I ~ I r City of Arden Hills I' ~ 1 1 1 1 1 1 - 1 1 1 1 I I I " I Chapter 10 Utilities connected to any sewer connections. If any portion of a house sewer is laid across or over any existing cesspool or septic tank, the cesspool or septic tank shall first be pumped clean and filled with earth to the surrounding ground level. Where a connecting sewer is laid across or over any existing cesspool or septic tank, only Cast Iron Soil Pipe, conforming to the A.S.T.M. Standard Specification A-74-42, shall be used for that portion of the connecting sewer which is laid across or over the existing cesspool or septic tank. Subd. 3 Connections at "Y" Only. Every connecting sewer shall be connected to the municipal sewer system at the "Y" or sewer connection stubs designated for the property served by the connection, except where otherwise expressly authorized in writing by the plumbing inspector. Connections authorized by the plumbing inspector shall be made only under his or her direct supervision and in the manner as he or she may direct. Subd. 4 Tunneling. Tunneling for distances of not more than six (6) feet shall be permissible in yards, courts or driveways of any building site. When pipes are driven, the drive pipe shall be at least one size larger than the pipe to be laid. Subd. 5 Independent Systems. A. The drainage and plumbing system of each new building and of new work installed in an existing building shall be separate from and independent of that of any other building' except as provided for in Subparts B and C of this Subsection. 10 . 35 City of Arden Hills Chapter 10 Utilities B. Where one building sta,nds to the rear of another building on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building drain from the front building may be extended to the rear building and the whole shall be considered as one building drain. Where such a building drain is extended, a cleanout shall be provided immediately inside the rear wall of the front building. C. Where adjoining property owners desire to construct a common sewer connection to service both properties the owners may make written application to the Council for permission to construct the joint service connection. The Council may grant such a permit if it determines that the construction of the joint connection is reasonable' and warranted under the existing conditions, and if independent connections were to be constructed, the minimum length of each connection would be at least one hundred (100) feet from the property line abutting the municipal sewer. Subd. 6 Repair of Public Right-Of-Way. No connection to the municipal sanitary sewer system shall be fInally approved until all streets, pavements, curbs and boulevards or other public improvements thereon have been restored to their former condition to the satisfaction of the plumbing inspector. Subd. 7 Restrictions on Installation of Sump Pump System; Necessity of Obtaining 10 - 36 I ~ I I I I I I II I I I I I I I -. I r I . '" 1 1 1 1 1 I - I I I I I I I ~ I City'of Arden Hills Chapter 10 Utilities Permit. Any person instalIing a subsurface drainage system in connection with the construction of a building shall include as part of the system a sump pump which has a permanent discharge connection to the exterior of the building. Any person installing a sump pump system in an existing building shall also provide the system with a permanent discharge connection to the exterior of the building. No person shall install a subsurface drainage system in connection with new construction or the modification of an existing building without having first obtained a permit to do so from the Council. 1010.11 Rates and Charges. Subd. 1 Established. A. Quarterly rates and charges to be imposed on the various categories of structures connected to the municipal sanitary sewer system shall be as established in resolutions adopted from time to time by the City Council. In establishing the rates and charges, the Council shall employ anyone or a combination of the methods and bases set forth in Section 444.075, Subd. 3, of Minnesota Statutes, as now constituted and as hereafter amended. B. Charges for mobile homes, trailers and apartments shall be billed to the owner or management of the mobile home court, trailer park and apartment building in which the same are respectively located. 10 - 37 City of Arden Hills Chapter 10 Utilities C. Certain premises, because of their discharge of industrial sewage wastes or '7, voluminous or strong sewage wastes, may be subject to supplementary charges imposed by governmental agencies or subdivisions other than the City. In such event, the City may impose, by resolution adopted by its Council, a supplementary charge based generally upon and at least equal to the amount of the supplemental charge imposed by the other governmental agency or subdivision. D. The Council has noted that certain properties in this City use water basically in the summer months and are not presently connected to the municipal water system and probably will not be connected to it in the future. With respect to these properties and others similarly situated, it is not equitable to require installation of a water meter nor is it equitable to base the sewer charge upon water usage, which cannot be metered or reasonably calculated. With respect to cases which may be called to the attention of the Council in the future, and upon recommendation of the City Administrator and the supervisor of public works, the properties shall be charged for municipal sewage upon a flat quarterly rate to be determined by resolution of the Council. In the event the stated circumstances change with respect to any property so exempted, upon written notice to the property owner, the Council may review the situation and, if circumstances warrant such action, the exemption shall be lifted, and the owner of the property shall be required to install a meter as provided in the in this Section. 10 - 38 ' 'I ~ I I I I I I . I I I I I I ~ I I" I. City of Arden Hills ~ I I 1 1 1 I . I I I I I I I -- Chapter 10 Utilities E. All owners of properties other than single-family dwellings, duplexes or two- family dwellings, mobile homes or trailers and apartments which are not connected to the municipal water system and are not excepted under Subpart D above, shall install a meter on their water supply as part of any building program on the premises, and in any event within ten (10) days after receipt of written notice to do so from the City Administrator. Such meter shall be designed in such manner as to accurately measure water consumption, shall be of a type approved by the supervisor of public works, shall be maintained in good operating condition without expense to the City, and access thereto shall be given to employees of the City at all reasonable times for the purpose of testing or making readings. F. If the supervisor of public works determines that a portion of the water measured by the water meter does not and cannot enter the municipal sanitary sewer system, then the City may permit or require the installation of other additional meters in such a manner that the quantity of water which actually could enter the sewer system may be determined. G. The owner of the property shall supply the City, upon request, with such information as the City may reasonably require related to the use of a private water system. 10 - 39 City of Arden Hills Chapter 10 Utilities Subd. 2 Payment. Statements for total sewer charges for the preceding quarterly period shall be mailed to each customer on or before the twentieth day of January, April, July, and October of each year. The balances shown due shall be due and payable at the office of the City Administrator on or before the last day of the month. Prepayments or overpayments of charges may be retained by the City and applied to subsequent quarterly statements. The City Administrator by direction of the Council, may designate another office to mail notices and receive payments under this Subsection. Subd. 3 Delinquencies. A. A delinquency penalty of eight (8) percent of the unpaid sanitary sewer bill for charges effective on the date stated shall be charged, in accordance with the followirig schedule: 1. For the 1st quarter-June 1 2. For the 2nd quarter-September 1 3. For the 3rd quarter-December 1 4. For the 4th quarter-March 1 If the delinquency date falls on a nonbusiness day for the City hall, the penalties shall be imposed on the next business day, but first crediting payments received on that day. 10-40 'I ~ I I I I I I II I I I I I I I -. I r. I. ~ I I 1 I I I . I I I I I I II City' of Arden Hills Chapter 10 Utilities B. Except as provided in Subdivision 4 below, the delinquency penalty shall be imposed upon and added to all unpaid sanitary sewer bills by the City Administrator and mailed in the usual course at the next regular billing date, showing in the same bill the current billing. C. The Council has noted that under Subdivision 2 above bills are due at the end of the billing month, and accordingly the delinquency charge hereunder will be imposed more than a month after the due date of a billing. Subd. 4 Collection. Any amounts due for sanitary sewer charges may be collected in a civil action brought for that purpose in the name of the City; or the City Administrator, upon direction by the Council, may certify to the County Auditor the amount due, together with the legal description of the premises served, and the City Administrator in so certifying, shall add to the amount as a separate item, in addition to the delinquency penalty an additional delinquency penalty of eight (8) percent of the original unpaid amount, inclusive of any previous delinquency penalty. The County Auditor shall enter the amount as part of the tax levied on the premises to be collected during the ensuing year. No additional delinquency penalties shall be added to unpaid bills after certification to the County Auditor. To avoid imposition of this additional delinquency penalty, payment in full of the unpaid sanitary sewer bill and the original or previous delinquency penalty must be received by the City Administrator no later than November 30. 10 - 41 City of Arden Hills Chapter 10 Utilities Subd. 5 Permissible Reductions for Senior Citizens and Disabled Citizens. The Council may, by resolution at its reasonable discretion, provide for reduced charges for usage of the municipal sanitary sewer system in cases of ownership or occupancy of the subject property by citizens sixty-five (65) years of age or older or by citizens who are totally disabled within the meaning of Social Security regulations and as permitted by State law. 1010.12 Sewer Availability. Subd. 1 Recitals. The metropolitan sewer board has determined to reserve unused capacity in the metropolitan disposal system each year commencing in 1973 for local goverrrrnent units in which new buildings are to be connected to the system and new connections to the system are commenced during the year, and to allocate the debt service costs of the unused capacity for the year among the local government units. In order for the local goverrrrnent units to pay such costs allocated to them each year, it is necessary to establish appropriate sewer service availability and connection charges. Subd. 2 Establishment of Charges. A. For the purpose of paying costs of reserve capacity allocated to this City each year by the metropolitan sewer board, there is hereby established a charge for: 1. The availability of treatment works and interceptors comprising the 10 - 42 'I ~ I I I I I I II I I I I I I ~ I ('. I' ~ I I 1 I 1 I - 1 I I 1 I I I " I City of Arden Hills Chapter 10 Utilities metropolitan disposal system; and 2. Connections, direct and indirect, to the metropolitan disposal system. B. The charge shall be collected on the basis of building permits issued after January 1, 1973, or connection permits issued for connections to be made after January 1, 1973, on the following basis: 1. The charge shall be payable on the issuance of each building permit for new construction issued after January 1, 1973. 2. A charge shall be payable on the issuance of a building permit for alterations or additions to existing buildings if the alteration or addition will require additional reserve capacity, ahd the Service Availability Charge (SAC) unit shall be determined on the same basis as for new buildings. C. The charge shall be imposed on sewer connection permits issued after January , 1, 1973, except: 1. Where a SAC unit charge was made when the building permit for the subject building was issued. 10 - 43 City of Arden Hills Chapter 10 Utilities 2. Where a building permit for the subject building was issued prior to January 1, 1973, and the building was not served by an on-lot disposal system, 3. Where the sewer connection permit was issued before January 1, 1973, and the sewer to which the connection was to be made existed prior to January 1, 1973. D. The charge for each building shall be the product of the number of units of sewage volume which it will discharge and the dollar figure set forth in a resolution adopted by the Council for the year in which the building permit is issued. A unit of sewage volume shall be one hundred thousand (100,000) gallons per year and shall be assigned as follows: 1. Single-family houses, townhouses and duplex units shall each comprise one unit; 2. Condominiums and apartments shall each comprise eighty (80) percent of a unit; 3. Mobile homes shall each comprise eighty (80) percent of a unit; 10 - 44 1 -: . I I I I I . . I . I . I I .. I I" City of Arden Hills I' ~ I I I I I I - I I I I I I I " 1 Chapter 10 Utilities 4. Other buildings and structures shall be assigned one unit for each one hundred thousand (100,000) gallons of flow or part thereof which it is estimated they will discharge; 5. Public housing units and housing units subsidized under any federal program for low and moderate income housing shall be counted as seventy-five (75) percent of the unit equivalent for that type of housing; Subd. 3 Administration. The City Administrator shall prepare or revise building permit or sewage connection permit application forms to provide information necessary for the computation of the number of units assignable to the building or structure in question, and shall collect the applicable charge before issuance of a permit. The City Administrator shall make such information available to the sewer board upon request. If upon filing a report covering the permit with the metropolitan sewer board, the board determines that a greater number of units is assignable to the building or structure in question, any additional amount of cost allocated to the City as a result shall be paid by the person or company to whom the permit was granted. Subd. 4 Purpose. It is the intention of the Council to impose charges equivalent to those adopted by the metropolitan sewer board by its Resolution No. 72-225, adopted December 6, 1972, but including administrative or service charges as allowed by the sewer board. 10 - 45 City of Arden Hills Chapter 10 Utilities 1010.13 Underground Installation of Distribution Lines. Subd. 1 Purpose. The Council believes that in the public interest or sound long-range planning it should promote the underground installations of utility distribution lines in cases of original installations or substantial alteration of existing lines. Subd. 2 Scope. The provisions of this Subsection apply to public utility lines designed and constructed to distribute utility services to customers in the City, but do not require underground installation of appurtenant facilities such as lift stations, fIfe plugs, meters, transformers, pedestals, and the like. Subd. 3 New Developments. A. All new electric distribution lines (excluding main line feeders and high voltage transmission lines), telephone service lines and services constructed and providing service to customers shall be buried underground. These regulations shall apply to all new land development proposals in the City including, but not limited to, new subdivisions, apartments, nonresidential buildings and planned unit developments. B. The developer shall be responsible for complying with these regulations and shall submit with his or her application for fmal plat or site plan approval, a written statement from the utility companies stating that the necessary arrangements for 10 - 46 .. . -. I I I I I . II I I I I I I I -. I '. City" of Arden Hills Chapter 10 Utilities I' ~ I I I I I I -- I I I I I I I " I underground installation of utilities have been made. It shall be the responsibility of the developer and all contracts on the construction to keep utility easements free and clear, to the end that the utility company shall have access at all times for installation and maintenance of its utilities. Subd. 4 Existing Distribution Lines. It shall be the policy of the City to pursue the objective of eventually having all utility distribution lines underground. It is recognized, however, that existing overhead utility lines represent a substantial economic investment for the benefit of the public and that it is generally not feasible or desirable to replace existing serviceable facilities with underground lines or to require that the normal periodic extensions of existing overhead systems be installed underground without imposing an undue burden on the public and the utility involved. Any utility company replacing or making extensions to existing overhead distribution facilities in any area in which the repairs or extensions cover more than twelve hundred (1200) feet of line shall submit its plans to the utility committee at least thirty (30) days prior to the replacement, alteration or installation. Subd. 5 Excavation. In order to avoid possible damage to underground utilities, no person shall excavate in any easement or right-of-way containing underground utilities without fIfst notifying the central notification center as required by Chapter 216D of the State Statutes; provided however, the excavation shall not constitute a breach of this Section unless the excavator has actual notice of the existence of the utilities or unless the easement has been .10 - 47 City of Arden Hills Chapter 10 Utilities recorded with the register of deeds of the county with reference to the property. Failure to give notice shall subject the excavator to all penalties of State law under Chapter 216D of the State Statutes. Subd. 6 Application for Proposed Installation. All proposed utility installations in the City shall be submitted to the City for approval prior to the installation; provided however, repairs or extensions by a utility company covering less than twelve hundred (1200) feet of line need not be submitted. The City Administrator shall require the applicant to furnish in writing information relative to the location of the proposed installation, the manner of its construction, whether underground or overhead, and satisfactory evidence that the consent of all affected property owners has been obtained. The City Administrator shall then refer the proposal to the utility committee, as established in this Section. , Subd, 7 Utility Committee. The utility committee shall consist of the City engineer, a planning commission member or public works committee member appointed by the Council, and the City building inspector. The committee shall review utility proposals upon the basis of the principles set forth in this Section and promptly submit its report to the Council advising the Council whether, on the basis of the principles stated, in this Section, the proposed installation should be approved. If the utility committee is ,of the opinion that underground installation of uie proposed utilities should not be required on the basis of the standards set forth in this Subsection, it shall so recommend to the Council. Recommenda- tions of the utility committee shall be by a vote of at least two (2) of the three (3) members 10 - 48 '1 ~ I I I I I I II I I I I I I I -- I r I' City of Arden Hills ~ I I I I I I . I I I I I I I ~ I Chapter 10 Utilities thereof. Subd. 8 Exceptions. A. The provisions of this Section may be waived by the City Council upon recommendation to that effect by the utility committee and upon the finding of the Council that either or both of the following are applicable in case of the particular application: 1. The placing of electric and telephone utilities underground would not be compatible with the development planned. 2. Unusual topography, soil, or other physical conditions makeuIiderground installation unfeasible from an engineering viewpoint, or the cost thereof impractical. B. Routine maintenance, emergency repairs to existing distribution lines, and temporary service to a construction project are exempt from submission requirement of this Subsection. Subd. 9 Restraining Actions. In the event of a violation or a threatened violation of this Subsection, the Council, or any member thereof, in addition to other remedies, may institute 10 - 49 City of Arden Hills Chapter 10 UtilitieS appropriate actions or proceedings to prevent, restrain, correct, or abate the violations or threatened violations and it shall be the duty of the city attorney to institute the action within his or her discretion. Subd. 10 Action by Taxpayer. Any taxpayer may institute mandamus proceedings in district court to compel specific performance by the proper official or officials of any duty required by this Subsection. 1010.14 Surface Water Management Utility. Subd. 1 General Operation. The Municipal Surface Storm Water Runoff system shall be operated as a public utility (hereinafter called the surface water management utility), pursuant to Minnesota Statute Section 444.075, from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. Subd. 2 Definitions. A. Utility Factor. The utility factor is defmed as the ratio of runoff volume, in inches, for a particular land use, to the runoff volume, in inches, for a 1/3 acre residential lot, assuming a 2" rainfall and Soil Conservation Service (SCS) "Type B" soil conditions. 10 - 50 '. ~ . I . . . I . I . . . I I ~ I I" ,. ~ 1 I 1 I I I . I 1 I I I I I ~ I City of Arden Hills Chapter 10 Utilities B. Surface Water Management Fee. The surface water management fee is defined as the quarterly charge developed for each parcel of land pursuant to City regulations and zoning classifications and shall be established by City Council resolution. C. Quarterly Surface Water Management Utility Budget. The quarterly surface water management budget is the estimated quarterly expenditures for planning and inventories, capital expenditures, personnel and equipment and operation of the surface water utility, in accordance with established City policy. This budget shall be established from time to time by City Council resolution. Subd. 3 Establishment of Fees. Surface water management fees shall be established by City Council re'solution. The following steps shall be taken to determine the quarterly fee to be charged to each property: A, A calculation shall be made of the total area, in acres, of property zoned R-l, R-2, R-3, R-4, 1-1, I-2, B-1, and B-2 within the City. B. A determination shall be made whether each individual property within these zoning classifications is developed or undeveloped. C. The total number of developed acres of property within these zoning 10 - 51 City of Arden Hills Chapter 10 Utilities classifications shall be calculated. D. The total acreage of developed property zoned as R-l, single family residential, shall be divided by the total acreage calculated in Step C. This yields the percentage of total developed property that is zoned R-l. E. The City Council shall establish~, by resolution, the quarterly budget for the revenue to be generated. F. The portion of the quarterly budget to be charged against properties zoned R-l shall be calculated by multiplying the percentage found in Step D. by the budge amount in Step E. G. The rate per acre for property zoned R-l shall be calculated by dividing the revenue for R-l properties in Step F. by the total acreage of developed properties found in Step C. This rate shall be the basis for all rates charged to any other zoned properties within the City. H. The volume of storm water runoff shall be calculated for all properties zoned R- 1, R-2, R-3, R-4, I-I, I-2, B-1, and B-2. The methods used for these calculations shall follow the U.S. Department of Agriculture Soil Conservation Service guideline for soil types common to Arden Hills. A curve number shall be chosen for each 10 - 52 .. J -. I I I I I I - I I I I I I I '- I City of Arden Hills Chapter 10 Utilities I' " zoning classification, which shall be an approximate measure of the percentage of I I I I I I - I I I I I I I , I impervious surface on the property. The volume of runoff for each zoning classification shall be calculated using the following equation. Q = (p - 0 2S)2 P + 0.8S Where Q = runoff, cfs S = (lOOO/cn) - 10, dimensionless P = 2, inches 1. The runoff value calculated, in Step H. for R-l properties shall be considered the base rate. The runoff value for each of the other zoning classifications shall then be divided by the base rate to yield a utility factor for each zoning classification. This utility factor shall be a measure of the additional runoff created from the property as compared to a single family lot. The utility factors for each zoning classification shall be listed in the following Subdivision. 1. The rate per acre for all zoning classifications, except R-l, shall be calculated by multiplying the utility factor found in step i. by the base rate determined in Step G. Subd. 4 Factors for Determining Fees for Various Land Uses. The utility factors for various land uses used to determine the surface water management fees are assigned as follows: 10 - 53 City of Arden Hills Chapter 10 Utilities Zoninl! Districts Land Use Utility Factor R-l Single-Family Residential (1 \3 acre lots) 1.00 R-2 Single and Two-Family Residential (114 acre lots) 1.31 R-3 Townhouse and Low Density Multiple Dwellings 2.72 R-4 Multiple Dwelling 2.72 I-I, 1-2 Limited and General Industrial 4.25 B-1, B-2 Limited and General Business 4.25 Subd. 5 Adjustment of Fees. The City Council may adopt policies, by resolution, for adjustment of the surface water management fees. Information to justify a fee adjustment shall be supplied by the property owner. Surface water management fees shall be adjusted under the following conditions: A. Revision of Quarterly Surface Water Revenue. The estimated expenditures for the management of surface water shall be revised at a frequency specified in this 10 - 54 ". ~ I . I . I I . I I I I I I I '- I I" I' ~ I I I I I I -- I I I I I I I ~ 1 City of Arden Hills Chapter 10 Utilities Code. The fees shall be ~djusted accordingly and will follow established City procedures for this adjustment of utility (water and sewer) rates. B. Changes in Developed Conditions of Parcels. C. Storm Water Retention. If it can be demonstrated that an individual parcel retains all or a portion of the rainfall that it receives, the surface water management fee shall be reduced by a percentage equal to that percent of the parcel which produces no external runoff. A fee reduction of 20 percent or greater must be demonstrated. Subd. 6 Undeveloped Land. Undeveloped properties, without regard to zoning classification, shall be assessed at one-half the rate, charged to developed property zoned as R-l. Subd. 7 Exemptions. The following land uses shall be exempt from the surface water management fee: A. Public Right-of-Way B. Lakes C. Parks 10 - 55 City of Arden Hills Chapter 10 Utilities Subd. 8 Mailing Statements of Charges. Statements for the preceding quarterly Surface Water Management service shall be mailed to each customer pursuant to the same procedures as listed under Subsection 1010.11 of this Code. Subd. 9 Fee Appeal. If a property owner or person responsible for paying the surface water management fee believes that a particular assigned fee is incorrect, such a person may request that the fee be recomputed. Appeals shall be heard by the Council once a year in accordance with the schedule established for credit applications, in established City policy. Subd. 10 Penalties for Delinquent Payments of Fees. A penalty equal to 10% of the amount due shall be added to accounts not paid in full on or before the 1st day of the second month following the bilIing periods and to each quarterly bilIing thereafter until the amount of the delinquent account plus accrued penalty is paid in full or otherwise certified to the County Auditor as a delinquent account. Subd. 11 Annual Certification of Delinquent Accounts. Each year the City Administrator shall prepare a list of delinquent surface water management service charge accounts, including accrued penalties thereon, in the form of an assessment roll. On or before November 30 of each year, the City Council shall review the delinquent surface water management service charge assessment roll and adopt an appropriate resolution directing that the assessment roll be certified to the County Auditor as a lien against the premises served and directing the County Auditor to collect the assessment as part of the ensuing 10 - 56 'I ~ I I I I I I . I I I I I I I .. I City of Arden Hills I' ~ I 1 I I I I ~ 1 I I 1 I I I , I Chapter 10 Utilities year's tax levy. All delinquent surface water management service charge assessments shall bear interest, at a rate determined by the City Council, from the date on which the delinquent surface water management service charge assessment resolution is adopted until December 31 of the following year. 10 - 57 8TH FRIDA Y . . SAINT PAUL PIONEER PRESS Oakdale pushes for underground power lines JIM BROEDE STAFF WRITER In' Oakdale, high-wire acts may become a thing of the past. The City Council is expected to adopt' an ordi- nance Tuesday requiring all future power line installa- tions to go underground in the Community of 25,000 residents, "More and more of our citi- zens are ohjecting to overhead lines," Council Member Sherry Timmermann said. "It's mostly an issu'e of aesthetics. If those ,lines are buried, it'll improve the scenery . around here.'" The city's planning commission voted unanimously -to recom- mend approval of the newordi- Dance. But there's opposition from Northern States Power Co. John Wertish, NSP's communi- ty service manager, said it will cost an ,extra $338,000 to bury a proposed new mainline feeder intended to serve Imation, a fast- expanding 3M spin-off company in Oakdale. IF YOU GO The City Council '1'11I .meet at 7 p.m. Tues- day In Oak- dale City Hall,1584 Hadley Ave. N. NSP asked the city to pay the additional cost, but the City Council denied the request. "NSP will make a nice profit from a high-power user' such as Imation and other development in Oakdale," city administrator Craig Waldron said. "That should allow NSP to easily offset those additional costs, probably in less than a year." Timmermann, meanwhile, called for NSP to be a good neighbor. "It wouldn't burt for NSP to spend more on aesthetics," sbe said. "Tbat power line to Imation will pass by a residential neigb- borhood wbere the people recent- ly objected to having to look at a new nearby service station and small strip shopping center, Now, if they have to also look at overbeaa power lines, they'll be even more upset." Wertish said tbe issue goes beyond money. " " '''Underground lines aren't always the most reliable way to go," be said. "When we bave problems with nndergronnd lines, the outages usually last longer, It's easier locating and fixing a problem on an overhead line." In Eagan, where underground lines have been required in new subdivisions since the 1970s, city officials say the problems have been few and far between, "I've been here since 1979," Eagan public works director Tom Colbert said, "and I can't. recall a single power outage due to underground line .failure. Out- ages bave been primarily tbe result of storm damage to elec- trical substations." Overbead lines are allowed in Eagan only in rare instances, "Obviously, higb.voltage trans-' mission lines are too expensive or impractical to go under-' ground," Colbert said. "But all local distribution lines are buried." ' , The City Council will meet at' I 7 p,m. Tuesday in Oakdale City Hall, 1564 Hadley Ave. N, 1 e Jul-30-97 01:46P City of Oakdale 612 730 2616 P.Ol July 1997 e Sec. 23-40. Purpose, The City Council finds that jt is in the public interest and desirable in order to promote and preserve the general welfare, assure the orderly development of the City, and provide for the safety and convenicnce of its inhabitants, that new transmission lines of electrical utilities, excluding high voltage transmission lines of 15,000 volts or more be placed, constructed and installed underground. See. 23-41. Underground Electric Wire Installations. In addition to any other requirements of this code, the following shall be applicable to the installation of electric distnoution systems of all electrical utilities ellcluding high voltage circuits and transmission lines of 15,000 volts or more. 1, Every permanent extension of any distnoution lines, circuits and systems and any service lateral providing pennanent electric power service shall be installed underground when for: (a) Any new installation of buildings, signs, streetlights or other structures where the service lateral is strcct fed; (b) Any new subdivision e (c) Any new development or industrial park containing new commercial or industrial buildings. 2, Any permanent replacement, relocation or reconstruction of more than 400 yards of any distribution line, circuit or system of any such utility and any service lateral shall be installed underground when for or made in connection with street paving, street widening, public utility installation and other such projects. Such requiremenlS may be waived by the City Engineer when it is not technically or economically feasible. 3. Wherever any part or portion of the distribution system of any such utilities in the municipality is now 100ated underground, such part or portion shaIl remain underground and any replacement, relocation, reconstruction, repair and extension thereof shall be installed underground. 4. All high volta~ cirCUits and transmission lines of 15,000 volts or more which are constructed within the corporate limits of this municipality after obtaining approval of the City Engineer, if; however, not feasible to be place underground, shall be placed whenever possible on two-legged or single-pole structures of metal or wood unless the City Engineer approves of other structural techniques, ---- 330 Jul-30-97 01:46P City of Oakdale 612 730 2818 P.02 July 1997 Sec. 23-42. Exception, Emergency or Unusual Circllmstnnces. e Notwithstanding the provision of this Ordinance, the City Engineer may grant special permission on such terms as he may deem appropriate in cases of emergency or mher unusual circumstances, without discrimination as to any person or utility, to temporarily corect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures for periods up to nine (9) months, Said permits may be rcnewed for additional six-month periods upon good cause shown. Upon a showing of unusual circumstances of a permanent nature which cause extreme hardsbip, the Council may grant special pennission to a person or utility to erect, construct, install, maintaill,' use or operate poles, overhead wires and associated structures within the corporate limits oftbis municipality, See. 23-43, Liability and Claims. All persons and companies providing electrical distribution and communications services under tlus Ordinance shall at all times save the City harmless from all damages arising from all accidents, injuries or any damage whatsoever that may be caused to any person or property due to the installation or use of any underground wiring, conduit or cables installed pursuant to the terms of this Ordinance and upon a ten-day (10) notice from the City shall appear and defend all suits for damages against the City as a result of any such accident, injury or damage. Suo 23-44. Application for Underground Space. Persons or companies making application for spaces for underground facilities shall present their application and location drawings to the City Engineer clearly indicating the type of underground system to be used, whether the system is to be a joint system to include electric supply and communications facilities, and specifying the proposed start and duration of the construction and the part of the street needed for construction. When such system, plans and specifications have been approved by the City Engineer, applicants who are unable to show financial responsibility to the satisfaction of the City Engineer may be required to deposit with the City a sufficient sum to defray the cost of repaving that portion of the street used by them in case such paving is required. e Se~. 23-45. Issuance of Penn it. The City Engineer shall then issue a permit for such applicant granting the right to enter upon such streets as may be necessary, designating that portion thaI such applicant may be penniued to use and the location of their underground facilities. Any question arising regarding the amount of space to be allowed any applicant or the location of their underground facility shall be determined by the City Engineer, and where a disagreement arises with reference to the City Engineers decision, the said decision may be appealed to the Council for final determination, Sec. 23-46. Instanation of Underground F.uilities. 331 . Jul-30-97 01:47P City o~ Oakdale e e- tr 612 730 2616 P.03 . , July 1997 L Underground facilities shall be located in the designated space as approved by the City Engineer, All excavations for the purpose of placing facilities underground shall be made in accordance with specifications as approved by the City Engineer. Periodic inspections of excavations and back-filling procedures will be conducted by representatives ofthe Engineer to insure adherence and compliance to specifications, 2. The top of all duct and cable system structures shall be located at a sufficient depth, in ac<<>rdance with the National Electric Safety Code, to protect the system from injury. 3, All utility companies shall keep current records and plats of all underground facilities they own and operate. Such plats shall be available to all other utility companies and this municipality immediately upon the request ofthe Engineering Department. 4, In the repair, addition or change of any underground facilities, no penon or company shall be permitted to interfere with the underground facilities of any other penon or company, except so far as shall be necessary to make such repairs, additions or changes. All such repairs, additions, or changes shall be made in accordance with specifications as approved by the Engineer and the Engineer shall be notified before work thereon is commenced. S. Conditions requiring emergency street opening and for repair may be handled at the discretion of the Engineer. 6. All companies laying underground facilities under provisions of this Ordinance shall begin such work at a time fixed by the Engineer and shall proceed with the construction of the same following the time scheduling as ordered by the Engineer, Sec:. 23-47. Autborized Servicemeu. Those employees designated or authorized by any utility to enter any building, areaway, or other private place, for the purpose of placing, extending, or repairing any wires, cables, conduits, or other fixtures pertaining to the underground electric service, shall be furnished appropriate identification which shall be displayed upon request, No person except those designated shall seek to enter any private place under pretense of being employed on such service and no authorized servicemen shall in any way alter, remove or interfere with the wires, cables, conduits or tixt\ires of any person or company other than that in whose employ he may be, without proper authority from the owners or agentS thereof See:. 23-48. E1istin: Poles, Wires. Nothing in this Ordinance shall be construed as prohibiting necessary repairs to any poles or wires properly in use within the corporate limits of this municipality, 332