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HomeMy WebLinkAbout2025 02-18 CC PacketCITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org City Council Meeting – February 18, 2025 Call to Order of City Council Meeting By Mayor Artig-Swomley at 7:_____ p.m. Call of Roll Artig-Swomley Cacioppo Patrick Johnson Lindner Swearing in of New Councilmembers Approve Agenda and Minutes • Accept the Agenda for the February 18, 2025, City Council Meeting • Approve the Minutes from the January 21, 2025, City Council Meeting • Accept the Minutes from the February 11, 2025, Planning Commission Meeting Special Presentations/Public Hearings • None Consent Agenda • Resolution #2025-006 February 2025 Donation to White Bear Lake Area Food Shelf • Monthly Financial Report(s) • Claims Committee Reports • Planning Commission Old Business • Newsletter Updates / Topics / Suggestions • White Bear Lake Public Safety Contract Discussion • Code Enforcement Issues Discussion • Barnett KIA Project Update • NOAA Radio New Business • Interim Use Permit (year 3) for Goats at 3944 Scheuneman Road • City Owned Storm Sewer Replacement Project • RWMWD 2027 Watershed Management Plan Update and Request for City Input • Gateway District Met Council Discussion • Planning Commission Position Approval • Ordinance No. 113 – Right-of-Way Updates • Generator Quote for Heritage Hall • Future Charitable Gambling Donations o White Bear Lake Emergency Food Shelf Community Outreach to Other Cities and Government Bodies Presentations from the Public, 2 minutes maximum CITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Open Items for Council Members to Bring Up Future Council Meetings • Next City Council Meeting, Tuesday, March 18, 2025 o Attendance Inquiry • Next City Council Workshop, Monday, March 10, 2025 – CANCELED Adjournment – The meeting adjourned at ________ City of Gem Lake City Council Meeting Minutes January 21, 2025 1 City of Gem Lake City Council Meeting – January 21, 2025 Meeting Minutes Mayor Gretchen Artig-Swomley called the meeting to order at 7:00 p.m. Councilmembers Jim Lindner, Len Cacioppo, Ben Johnson and Joshua Patrick were present. Also present: City Attorney Kevin Beck, City Treasurer Tom Kelly, Metropolitan Council Member District 11 Dr. Gail Cederberg, Planning Commission Chair Don Cummings, Acting City Clerk Melissa Lawrence, business owner Chriss Bettis and prospective business owners Marie Vannelli, Roger Vannelli, Ron Vannelli and Mitchel Vannelli, and residents Dustin Marks, Sarah Ernhart, Rick Bosak, Dave Wood, Steve Varley, and Carol Schacht. Swearing in of New Councilmembers Acting City Clerk Melissa Lawrence swore in the new Councilmembers individually with the official oath. Mrs. Lawrence had each new Councilmember individually raise their right hand, repeat the oath back and sign the affidavit. The Council welcomed back Mayor Artig-Swomley and Councilmember Johnson, who were re-elected to four-year terms to the Gem Lake City Council and welcomed Councilmember Patrick to the Gem Lake City Council who will also be serving a four-year term. January 21, 2025, Agenda A motion was introduced by Councilmember Linder to accept the agenda, seconded by Councilmember Cacioppo. Motion carried 5-0. Minutes A motion was introduced by Councilmember Lindner, seconded by Councilmember Johnson to approve the December 17, 2024, City Council Meeting minutes. Motion carried 3-0. Councilmember Cacioppo abstained because he was not present at the December meeting. Councilmember Patrick abstained because he was not a member of the Council in December 2024. A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to accept the January 14, 2025, Planning Commission Meeting minutes. Motion carried 5-0. Special Presentations/Public Hearings Dr. Gail Cederberg – Metropolitan Council Member, District 11 Dr. Gail Cederberg introduced herself to the Council and those in attendance and updated everyone on what the Metropolitan (Met) Council has been working on. The Met Council is made up of 7 counties, 16 Met Council Districts, 182 Cities and Townships, 11 federally recognized Tribal Nations and many other Indigenous communities. There are just over 3.2 million people as of 2023 with a projected growth of 610,000 more people by 2050. Ms. Cederberg shared that her committee assignments are the environmental committee and management committee. She is also a representative on the clean water council and clean water council policy committee. The Met Council is at the end of their planning for the 2050 Regional Planning Vision which is a prosperous, equitable, and resilient region with abundant opportunities for all to live, work, play and thrive. Gem Lake is classified as Suburban, with a minimum density goal for new development of 7 units of housing per acre in the 2050 plan. There are no changes to Gem Lake’s 2040 MUSA (Metropolitan Urban Service Area). While the Council had no questions for Ms. Cederberg at the time, Mayor Artig-Swomley shared that there may be some items in the near future that the City will reach out to her about. Consent Agenda Resolution #2025-001 2025 Gem Lake Appointments List Resolution #2025-002 January 2025 Donation to White Bear Lake Area Food Shelf Monthly Financial Report(s) Claims City of Gem Lake City Council Meeting Minutes January 21, 2025 2 The monthly financial report(s) were not included as stated on the consent agenda list. No action will be taken on that line item. All other items on the consent agenda were reviewed by the Council. Councilmember Lindner introduced a motion to approve all the items listed on the consent agenda, seconded by Councilmember Cacioppo. Motion carried 5-0. Committee Reports Commission Chair Don Cummings shared with the Council that an application for a home occupation went through the commission for review and a recommendation was made to the Council. Cummings shared that the commission will also begin reviewing Oridnnace No. 131 to ensure the language in it is still clear and up to date. The commission wants to preserve characteristics of Gem Lake and make sure it is reflecting the comp plan. Mayor Artig-Swomley stated that she would like to make sure there is consistency is a big focus when reviewing it. She also wanted to share that two (2) applications have been received for the Planning Commission and she would like the Commission to review them at the February meeting and make a recommendation to the City Council. Old Business Newsletter Updates / Topics / Suggestions Mayor Artig-Swomley stated that she would like to see a newsletter go out by March. Some topics for the next newsletter would include the presentation from the Met Council visit, cannabis ordinance, County Road E corridor project, the swearing in of Councilmembers, and possibly a story on stormwater. White Bear Lake Public Safety Contract Discussion Mayor Artig-Swomley met with the White Bear Lake Mayor and discussed the issue of being charged interest on the new Public Safety building. Mayor Artig-Swomley shared that she made the cities position known. City Treasurer Tom Kelly made sure to subtract the interest calculation from the depreciation line item on the bill. Mayor Artig-Swomley shared that she feels the City of White Bear Lake will not budge and that Gem Lake should pay what the City of White Bear has billed for interest, with the understanding that Gem Lake still feels this is not a reflection of the contract language, and to ask for a discount on the interest for 2025. By paying what is owed it will help to maintain the relationship between White Bear Lake and Gem Lake. City Treasurer Tom Kelly shared that based on the letter from the City of White Bear Lake Gem Lake should expect to start being charged for ambulance services that are not currently being billed separately in 2026. Councilmember Lindner introduced a motion asking City Treasurer Tom Kelly to pay the amount owed to White Bear Lake and request a discount a 25% discount for the remaining owed, seconded by Councilmember Cacioppo. Motion carried 5-0. Code Enforcement Issues Discussion The City Clerk is in the process of trying to schedule a rental inspection for the property on Scheuneman Road, but it has been a challenge. City Attorney Kevin Beck asked the clerk to forward the emails to him so he can pursue it some more. New Business Special Home Occupation Request – 3907 Tessier Road City Planner Evan Monson summarized the request for the special home occupation request through a memo to the council. The applicant is proposing to use their detached garage as part of a home occupation. The plans submitted by the applicant call for utilizing their existing detached garage as a home photo studio for a pet photography business; the applicant currently runs the business out of a commercial space in Minneapolis. The applicant states in their narrative that the driveway serving the detached garage can accommodate at least four cars, while the ‘main’ driveway on the property can accommodate five to six cars. Customers per day on-site vary; the applicant anticipates at most four customers on-site in a day and having an average of two on-site customers per week. Most sessions are scheduled for Saturdays between noon and 5pm, with occasional appointments after 5pm. The subject property is located at the intersection of Goose Lake Road/CSAH 14 and Tessier Road. The site slopes to the north/northwest, with trees and vegetation located throughout. The subject property includes a house with an attached garage and two City of Gem Lake City Council Meeting Minutes January 21, 2025 3 detached accessory structures (three-car garage and a shed). The detached garage has its own driveway. The development surrounding the subject property consists of single-family residences. City Planner Evan Monson’s memo explained to the Council that they have three (3) options they can take regarding the application, 1) approve of the request, with or without conditions, a draft resolution with the Planning Commission’s findings and conditions was included in the meeting materials, 2) deny the request, with findings for denial, and 3) table the request for further review/study. The Planning Commission recommended approval of the requested Special Home Occupation for 3907 Tessier Road, with the following conditions: 1) the applicant’s Home Occupation shall adhere to the requirements of Ordinance No. 134, 2) the applicant’s Home Occupation shall adhere to other applicable local, State, and Federal requirements, and 3) the applicant shall pay all fees and escrows associated with this request. Council discussed the request and reviewed the recommended conditions and agreed with the Planning Commission’s recommendation of approving the request. Resolution #2025-003 – Approval of Special Home Occupation License Councilmember Lindner introduced a motion to approve the special home occupation request based on the conditions suggested, seconded by Councilmember Cacioppo. Motion carried 5-0. Office of Cannabis Management The Office of Cannabis Management released draft regulation on January 13, 2025, and it is in the process of a 30-day comment period. Along with this, the state created a sample ordinance for cities to adopt. Cities have limited powers to regulate cannabis sales within their boundaries. These powers include where the business can operate, hours of operations, whether the city requires the cannabis business to register, etc. Also, cities can and should conduct annual stings of the business to check for age compliance. A license is issued from the state of Minnesota. Ordinance on Cannabis & CBD Sales & Distribution The sample ordinance was presented to the council with some questions from the City Planner for discussion on the sample ordinance. The council discussed what could be regulated by the city and decided that hours of operation allowed would be 10:00 a.m. – 9:00 p.m., each day of the week. One license will be allowed in the city of Gem Lake. An initial fee of $500.00 will be charged for registration with the city. Councilmember Lindner introduced a motion to approve the sample ordinance with the city’s agreed upon changes to what can be regulated, seconded by Councilmember Cacioppo. Motion carried 5-0. Tobacco and Edible Cannabinoid Products License The Smoke Den is in the process of selling their business to an interested party. Licenses are not transferable so the company taking over has applied for their licenses with the city. The licenses being approved will not take effect until the Smoke Den vacates. Resolution #2025-004 Puff N Stuff Dispensary Tobacco License 2025 Councilmember Lindner introduced a motion to approve the tobacco license, seconded by Councilmember Cacioppo. Motion carried 5-0. Resolution #2025-005 Puff N Stuff Dispensary Edible Cannabinoid Products License 2025 Councilmember Lindner introduced a motion to approve the edible cannabinoid license registration contingent on the other company vacating, seconded by Councilmember Cacioppo. Motion carried 5-0. MPCA Recent Well Testing During the MPCA’s recent set of well testing’s, the chemical Per- and Polyfluoroalkyl Substances (PFAS) was also tested for on top of the 1,4 dioxane. The MPCA had no reason to believe there would be any PFAS contamination, but test results showed otherwise. The city was not told about the recent tests that took place, and it was brought to the City Clerks attention by some residents that received a letter from the MPCA regarding their test results. Acting City Clerk Melissa Lawrence reached out to the MPCA to ask about the current testing and to invite them to a meeting at Heritage Hall to go over their findings. City of Gem Lake City Council Meeting Minutes January 21, 2025 4 Representatives from the MPCA will be present at the March City Council meeting to go over recent test results and findings. Vadnais Heights Public Hearing for PUD at 0 Labore Road (PID #283022430031) The City of Vadnais Heights received an application for a Planned Unit Development (PUD) at the property located north of City Center Drive and west of Labore Road (PID #283022430031). As required by City Code, the applicant must hold an informational open house. The open house will be held on Wednesday, January 22 at the Vadnais Heights City Hall from 5:30 p.m. – 7:00 p.m. Vadnais Heights Planning Commission will review the Concept PUD on January 28, followed by the Vadnais Heights City Council on February 4. Both meetings will take place at 7:00 p.m. at Vadnais Heights City Hall, 800 East County Road E. Mayor Artig-Swomley and Councilmember Cacioppo both plan to attend the open house. Cintas AED Program The AED machine that currently sits at Heritage Hall is outdated. In December White Bear Township reached out about joining the Cintas AED Program. This program would include a new machine and a monthly service agreement with Cintas. The machines being offered are the Zoll 3 and Zoll Plus. The Zoll 3 defibrillator was developed based on extensive usability testing with hundreds of trained and untrained users. It was clear from the studies that users wanted three basic things: an AED that gives better support for rescuers by being easy to use, easy to own and easy to maintain. The Zoll Plus is equipped with one-of- a-kind Real CPR Help technology. Easy-to-follow instructions inform the user on how to attach pads to the patient. A sensor in the pads “sees” each chest compression and communicates it to the AED. The unique CPR feedback tool provides real-time feedback for depth and rate of chest compressions. Audio and visual prompts help you to respond with confidence. The Zoll 3 will cost $130.50 and the Zoll plus will cost $112.50 monthly. Both come with a trade-in rebate for the old unit. Overall, the Zoll 3 is the better option. Councilmember Cacioppo introduced a motion to approve the Cintas AED Program and Zoll 3 unit, seconded by Councilmember Lindner. Motion carried 5- 0. 2025 Elected Leaders Institute The League of Minnesota Cities is hosting the 2025 Elected Leaders Institute. With the newly appointed councilmember, Mayor Artig-Swomley felt it would be a good idea to send Councilmember Patrick to some training. The training will take place in Plymouth, February 21-22. Councilmember Patrick is available to attend the training. The fee to attend the training is $350.00. There is also training available for elected leaders with more than two (2) years of experience. None of the Councilmembers were interested in the training at this time. Councilmember Lindner introduced a motion to sign Councilmember Patrick up for training, seconded by Councilmember Cacioppo. Motion carried 5-0. MCFOA Conference Clerk Training Acting City Clerk Melissa Lawrence was presented with an opportunity to attend training through the Municipal Clerks and Finance Officers Association of Minnesota (MCFOA). The 2025 annual conference will be held March 19-21 in Brooklyn Center. This training will take place of the training the clerk was supposed to attend in February. The fee to attend the training is $325.00. Councilmember Lindner introduced a motion for Acting City Clerk Melissa Lawrence to attend training in March, seconded by Councilmember Cacioppo. Motion carried 5-0. Spring Window Cleaning Quote Acting City Clerk Melissa Lawrence received a quote from Squeegee Magic for spring window cleaning. By scheduling now, the rates the city was given in 2024 are locked in for spring 2025. The quote is for single pane in/out for $322.20 and then some interior glass for $56.03 totaling $378.23. Councilmember Lindner introduced a motion to approve the spring window cleaning quote, seconded by Councilmember Cacioppo. Motion carried 5-0. City of Gem Lake City Council Meeting Minutes January 21, 2025 5 Future Charitable Gambling Donations White Bear Lake Emergency Food Shelf Mayor Artig-Swomley suggested that the Council donate in February $1,500.00 to the White Bear Lake Emergency Food Shelf. Councilmember Lindner introduced a motion to request a donation in the amount of $1,500.00 for the White Bear Lake Emergency Food Shelf, seconded by Councilmember Cacioppo. Motion carried 5-0. Community Outreach to Other Cities and Government Bodies Councilmember Johnson shared with the Council that although he was unable to attend there was a great turnout at the most recent corridor meeting of about 40-50 residents and business owners. There is an online survey that will be released soon and can be shared on the city’s Facebook page. Presentation from the Public, 2 Minutes Maximum Some business owners in the public had additional questions on the cannabis regulations to which the Council answered to the best of their ability. Open Items for Council Members to Bring Up Mayor Artig-Swomley shared that there has been some interest in the NOAA radios that the city will be ordering. Final call this round is January 31. Councilmember Lindner volunteered to attend the Homeland Security training available. Mayor Artig-Swomley also shared that the Acting City Clerk will be taking vacation in June and someone will need to come and cover for the Planning Commission meeting and take minutes. Future Council Meetings City Council, Tuesday, February 18, 2025. City Council Workshop, Monday, February 10, 2025, is CANCELED. Attendance Inquiry At this time all in attendance will be at the February meeting. Adjournment Being there no further business, following a motion from Councilmember Lindner, seconded by Councilmember Johnson, the meeting adjourned at 8:35 p.m. Respectfully submitted, Melissa Lawrence City of Gem Lake Planning Commission Meeting Minutes February 11, 2025 1 City of Gem Lake Planning Commission Meeting – February 11, 2025 Meeting Minutes Planning Commission Chair Don Cummings called the meeting to order at 7:00 p.m. Commission Members Art Pratt and Derek Wippich were present with one vacancy. Not present was Commission Member Stephanie Farrell. Also present: City Planner Evan Monson, City Attorney Kevin Beck and Acting City Clerk Melissa Lawrence February 11, 2025 A motion was introduced by Commissioner Pratt to accept the agenda, seconded by Commissioner Wippich. Motion carried 3-0. Minutes A motion was introduced by Commissioner Pratt, seconded by Commissioner Wippich to approve the January 14, 2025, Planning Commission Meeting minutes. Motion carried 3-0. Public Hearings None Old Business Ordinance No. 131 Discussion Next Steps City Planner Evan Monson summarized some of the suggested updates that he recommends to ensure the ordinance is in line with state regulations and consistent with the comprehensive plan. Discussion on the next steps to take and what to tackle first took place. City Planner Evan Monson is going to begin putting some drafts together to present at the next meeting for review. New Business Planning Commission Applications Review Two applications were received for the vacant Planning Commission position from Debra Suhadolnik of the Villas of Gem Lake and Laurel Amlee former City Councilmember and lives and works in the Gateway District. The Commission reviewed the applications and liked the idea of having someone on the Commission that has ties to the Gateway District. The Commission is passing along a recommendation to the City Council for approval. The Commission would like the new member to start for the March 11 meeting. Commission Member Wippich introduced a motion to recommend approval of inviting Laurel Amlee to join the Planning Commission, seconded by Commission Member Pratt. Motion carried 3-0. Ordinance No. 113 – Right-of-Way City Planner Evan Monson summarized the updates suggested to the Right-of-Way Ordinance. The current ordinance (No. 113) was adopted by the city in January of 2010. This version was consistent with the current (at that time) model ordinance available from the League of Minnesota Cities (LMC). Ordinance No. 113 covers: when permits are needed, permitting processes and procedures, permitting fees, patching and restoration when work is conducted in the ROW, emergency vs. non-emergency situations, mapping of items constructed within a ROW, moving above-ground items underground (or undergrounding), and abandonment of facilities within a ROW. Since 2010, State and Federal law related to management and access to ROW has changed, most notably with regards to telecommunications. One of the bigger changes is “small cell wireless facilities”, which is technology that allows for increased usage of wireless networks by cell phones. It is imperative that the city ensures their ordinances are consistent with current State and Federal law. Staff has reviewed the current version of Ordinance No. 113 and proposes the following changes as summarized below. These changes are consistent with the latest model ordinance provided by LMC. City of Gem Lake Planning Commission Meeting Minutes February 11, 2025 2 Section # Comments Throughout •Administration section is added (Section 3), with the City Engineer designated to administer the ordinance (consistent with current city practices). •Replace references to “zoning administrator” with “city engineer.” •New section (Section 7) added regarding small cell wireless facilities. Added references to small cell wireless facilities where needed in other sections. •Move fees to the Fee Schedule. 2 New definitions proposed to be added to Section 2. 5 Updates to payments and permit application language. 10 & 11 New sections regarding Joint Applications for ROW work and obligations, consistent with language from model ordinance. 12 & 13 Revised language regarding permit denial and installation requirements, consistent with language from model ordinance. 18 & 19 Updated language on requirements for mapping data, locating facilities, and undergrounding, consistent with language from model ordinance. 24 Revised language regarding abandonment and removal of facilities within the ROW, consistent with language from model ordinance. The Commission should review the draft ordinance and consider any additional amendments. If the Commission desires additional changes, direction regarding ordinance changes should be provided to staff. Commission Member Wippich introduced a motion to recommend approval of the updates to Ordinance No. 113 to the City Council, seconded by Commission Member Pratt. Motion carried 3-0. Fee Schedule Update On top of the changes made to Ordinance No. 113, City Planner Evan Monson suggested to be consistent with other ordinances, and to ensure that fees are all in one location, permit fees previously listed in Ordinance No. 113 are proposed to be added into the city’s Fee Schedule (Ordinance No. 135). These would be placed in Section 13 of the fee schedule. Open Items for Commission Members to Bring Up Commission Member Pratt was asked to bring up the topic of ATV’s on Gem Lake in the winter to ice fish. While the Ramsey County map does show that each property owner around the lake owns a portion of it, City Attorney Kevin Beck shared that those property owners don’t actually own the lake, they own the land beneath the lake. If the lake were to dry up, their land would extend to what is now available. There is no public access to the lake, which means the only people that would be using the lake would be the people who surround it. Future Meetings City Council Meeting, Tuesday, February 18, 2025, at Heritage Hall, and Planning Commission Meeting, Tuesday, March 11, 2025, at Heritage Hall. Attendance Inquiry Commissioner Cummings surveyed the Commission to see if any of the members would have any issues attending the March 11 meeting. At that time Commissioner Wippich will not be in attendance. Adjournment There being no further business, following a motion from Commissioner Pratt, seconded by Commission Wippich, the meeting adjourned at 7:35 p.m. Respectfully submitted, Melissa Lawrence City of Gem Lake County of Ramsey State of Minnesota Resolution No. 2025-006 A RESOLUTION AUTHORIZING THE CITY TREASURER TO DISTRIBUTE A PORTION OF THE CHARITABLE GAMBLING FUNDS TO THE WHITE BEAR LAKE AREA FOOD SHELF. WHEREAS, the City of Gem Lake participates in the distribution of charitable gambling funds received from the Country Lounge WHEREAS, the City of Gem Lake distributes these funds to local 501(c)(3) tax-exempt organizations WHEREAS, the City of Gem Lake City Council suggested a donation at their January 21, 2025 meeting in support of the White Bear Lake Area Food Shelf. NOW, THEREFORE BE IT RESOLVED, by the City of Gem Lake, Minnesota, the City Treasurer is authorized to send $1,500.00 to support the White Bear Lake Area Food Shelf for the month of February 2025. The motion for adoption of the foregoing Resolution was duly introduced by Councilmember __________ and supported by Councilmember __________, and upon vote being taken thereon, the resolution passed with a vote of _____ in favor and _____ against. ATTEST I, Melissa Lawrence, the duly qualified Acting City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is a true and accurate representation of action taken by the City Council of the City of Gem Lake on the date first written. February 18, 2025 Melissa Lawrence, Acting City Clerk Date From:Justin Gese To:Gretchen Artig-Swomley Cc:Melissa Lawrence; Dustin Cesafsky; Justin Gese Subject:RE: Kia storm sewer replacement Date:Monday, February 10, 2025 7:54:17 AM Caution: This email originated outside our organization; please use caution. Contractor confirmed it would be about $90-$100/LF of pipe, so the $15,000 is a good estimate Justin M. Gese, PE (MN) Principal, Sr. Eng/Mgr Short Elliott Hendrickson, Inc. 612.209.0731 mobile SEH - Building a Better World for All of Us® SEH’s Amazing Projects video showcases the amazing things we can do when we come together as partners and collaborators. From: Gretchen Artig-Swomley <gretchen.artig-swomley@gemlakemn.org> Sent: Tuesday, January 21, 2025 1:20 PM To: Justin Gese <jgese@sehinc.com> Subject: Re: Kia storm sewer replacement Melissa has put this item on the agenda for February, so when you have cost estimates, just let Melissa know. Sent from my iPad On Jan 16, 2025, at 3:32 PM, Justin Gese <jgese@sehinc.com> wrote:  Caution: This email originated outside our organization; please use caution. Mayor, Did you have a chance to review this? I see it is not on the agenda for the next meeting. Justin M. Gese, PE (MN) Principal, Sr. Eng/Mgr Short Elliott Hendrickson, Inc. 612.209.0731 mobile SEH - Building a Better World for All of Us® SEH’s Amazing Projects video showcases the amazing things we can do when we come together as partners and collaborators. From: Justin Gese <jgese@sehinc.com> Sent: Friday, January 3, 2025 4:38 PM To: Gretchen Artig-Swomley <gretchen.artig-swomley@gemlakemn.org> Cc: 'Evan P. Monson' <evan.monson@tkda.com>; Dustin Cesafsky <dcesafsky@sehinc.com>; Justin Gese <jgese@sehinc.com> Subject: Kia storm sewer replacement Mayor As part of the Kia project, there is a portion of City owned storm sewer that will be replaced by their project. This leaves about 140' of city owned 21" storm sewer within the site that is old. The condition is unknown at this time. Depending on the condition, we would recommend replacing this segment as a city cost of about $15,000. Would the City be willing to do that? Thanks Justin Get Outlook for iOS December 20, 2024 City Officials and Staff Re: Notification of the Ramsey-Washington Metro Watershed District’s 2027 Watershed Management Plan Update and Request for City Input Dear City Officials and Staff: The Ramsey-Washington Metro Watershed District (RWMWD) Board of Managers (Managers) is in the early stages of updating its Watershed Management Plan (Plan). The Plan will establish the goals, policies, and actions for the RWMWD’s management of the watershed. State law and rule govern the watershed planning process and require that watershed management plans be updated every 10 years. The RWMWD adopted its current Plan in 2017 and anticipates completing the updated Plan in 2027. During Plan development, the Managers will seek input from cities, agencies, partners, and the diverse communities within the watershed. With this letter, the Managers initially request your comments with respect to the following areas: • Priority issues and your expectations for RWMWD involvement in these issues; • Summaries of relevant water management goals; • Pertinent water resource information; and • Official controls and programs of your organization (if applicable) Information may be provided to Greg Williams of Barr Engineering Co., Engineers for the RWMWD, by email at gwilliams@barr.com. You may also contact Greg Williams to schedule a virtual meeting if you prefer. This Plan update notification is not your organization’s only opportunity to provide input. The RWMWD Public Works Forum scheduled for January 21, 2025 will include an opportunity to discuss the Plan update. As part of Plan development, a representative from your city will be invited to participate in a broader Plan technical advisory committee (Plan TAC). The Plan TAC will meet periodically during Plan development to discuss issues, priorities, goals, and/or implementation activities. In your response to this letter, please identify the individual(s) from your organization who should participate in the Plan TAC. This request for city input serves as the official notification of plan update required by Minnesota Rules 8410.0045 Subp. 3 and Subp. 4. Please provide responses no later than February 20, 2025 to Greg Williams at gwilliams@barr.com. Thank you for your time and assistance in providing this requested information. If you have any questions, please contact Greg Williams at gwilliams@barr.com. City Officials and Staff December 20, 2024 Page 2 Sincerely, Tina Carstens Administrator, Ramsey-Washington Metro Watershed District c: City of Gem Lake City of Landfall City of Little Canada City of Maplewood City of North St. Paul City of Oakdale City of Roseville City of St. Paul City of Shoreview City of Vadnais Heights City of White Bear Lake City of Woodbury Memorandum To: Gem Lake City Council Project Reference: Right-of-Way Ordinance Review Copies To: Melissa Lawrence, City Clerk Kevin Beck, Attorney TKDA Project No.: 22428.000 From: CJ Sycks, Planner Client No.: Evan Monson, Planner Date: February 12, 2025 SUBJECT: Discussion regarding the Gem Lake Right-of-Way (ROW) Ordinance No. 113 MEETING DATE: February 18, 2025 ITEMS REVIEWED: Gem Lake Ordinance No. 113, League of Minnesota Cities Model Ordinance OVERVIEW The City Council tasked the Planning Commission with reviewing Ordinance No. 113 regarding city right-of-way (typically shortened to ROW). ROW includes the street and area on either side of the street used to support the use of the street, such as sidewalks, shoulders, and ditches. ROW can also (per State Statute include cartways, bicycle lanes, other dedicated rights-of-way for travel purposes, and utility easements of local governments. Areas below and above the roadway are also part of the ROW. Private utilities (such as electric) and municipal utilities (such as water or sewer infrastructure) are typically constructed within a ROW. A ROW ordinance allows a city to manage the use and access to the ROW. CURRENT ORDINANCE The current ordinance (No. 113) was adopted by the city in January of 2010. This version was consistent with the current (at that time) model ordinance available from the League of Minnesota Cities (LMC). Ordinance No. 113 covers: • when permits are needed • permitting processes and procedures • permitting fees • patching and restoration when work is conducted in the ROW • emergency vs non-emergency situations • mapping of items constructed within a ROW • moving above-ground items underground (or undergrounding) • abandonment of facilities within a ROW Since 2010, State and Federal law related to management and access to ROW has changed, most notably with regards to telecommunications. One of the bigger changes is “small cell wireless facilities,” which is technology that allows for increased usage of wireless networks by cell phones. It is imperative that the city ensures their ordinances are consistent with current State and Federal law. Gem Lake – ROW Ordinance Gem Lake City Council Meeting 2/18/2025 February 12, 2025 Page 2 ORDINANCE UPDATES Staff has reviewed the current version of Ordinance No. 113 and proposes the following changes as summarized below. These changes are consistent with the latest model ordinance provided by LMC. Table 1: Summary of Updates Section # Comments Throughout • Administration section is added (Section 3), with the City Engineer designated to administer the ordinance (consistent with current city practices). • Replace references to “zoning administrator” with “city engineer .” • New section (Section 7) added regarding small cell wireless facilities. Added references to small cell wireless facilities where needed in other sections. • Move fees to the Fee Schedule. 2 New definitions proposed to be added to Section 2. 5 Updates to payments and permit application language. 10 & 11 New sections regarding Joint Applications for ROW work and obligations, consistent with language from model ordinance. 12 & 13 Revised language regarding permit denial and installation requirements, consistent with language from model ordinance. 18 & 19 Updated language on requirements for mapping data, locating facilities, and undergrounding, consistent with language from model ordinance. 24 Revised language regarding abandonment and removal of facilities within the ROW, consistent with language from model ordinance. CITY FEE SCHEDULE To be consistent with other ordinances, and to ensure that fees are all in one location, permit fees previously listed in Ordinance No. 113 are proposed to be added into the city ’s Fee Schedule (Ordinance No. 135). These would be placed in Section 13. RECOMMENDATION The Planning Commission reviewed the redlined and clean versions of the proposed revisions at their February 11th meeting and recommended the City Council approve of the changes. If the City Council desires additional changes, direction regarding additional changes should be provided to staff. Attachments: 1. Ordinance No. 113 ROW – Redlined 2. Ordinance No. 113 ROW – Clean 3. Ordinance No. 135 Fee Schedule CIS:epm Right-of-Way Ordinance No. 113 1 City Of Gem Lake, Ramsey County, Minnesota Right-Of-Way Ordinance No. 113 AN ORDINANCE TO ADMINISTER AND REGULATE THE PUBLIC RIGHT-OF-WAY IN THE PUBLIC INTEREST AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS Section 1. Findings, Purpose, and Intent. To provide for the health, safetysafety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights -of-way, the Citycity strives to keep its rights- of-way in a state of good repair and free from unnecessary encumbrances. Accordingly, the City hereby enacts this new Section of this Code relating to right -of-way permits and administration. This Section imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights -of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of the state and federal agencies. Under this Section, persons excavating and obstructing the rights-of-way will bear financial responsibility for their work. Finally, this Section provides for recovery of out -of-pocket and projected costs from persons using the public rights-of-way. This Section shall be interpreted consistently with Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the “Act”) and the other laws governing applicable rights of the City and users of the right -of- way. This Section shall also be interpreted consistent with Minnesota Rules 7819.0050 – 7819.9950 where possible. To the extent any provision of this Section cannot be interpreted consistently with the Minnesota Rules, Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory case law is intended. This Section shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safetysafety, and welfare of the public. 1. Election to Manage the Public Right-of-Way. In accordance with the authority granted to the City under state and federal statutory, administrativeadministrative, and common law, the City hereby elects pursuant to this Section to manage rights-of-way within its jurisdiction. Section 2. Definitions. Definitions. The following definitions apply in this Ordinance. References hereafter to “sections” are, unless otherwise specified, references to sections in this Ordinance.The definitions included in Minnesota Statutes § 237.162, Minnesota Rules 7819.0100 Subparts 1 through 23, and Minnesota Rules 7560.0100 Subparts 1 through 12 are hereby adopted by reference and are incorporated into this Section as if set out in full. 1. Abandoned Facility. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. 2. Applicant. Any person requesting permission to excavate, obstruct, or otherwise place facilities in a right - of-way. 3. City. The city of Gem Lake, Minnesota. For purposes of Section 23, ‘city’ also means the City’s elected officials, officers, employees, and agents. 4. City Engineer. The City Engineer, or other employee designated by the City Council to administer this Ordinance. 5. Collocate or Collocation. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit. 6. Commission. The State of Minnesota Public Utilities Commission. Formatted: Font: 10 pt Formatted: Centered Commented [EM1]: Kevin: please double-check rules, statutes, etc in this section Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: Bold Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Normal, No bullets or numbering Formatted: Font: 10 pt Formatted: Font: (Default) Times New Roman, 10 pt, Ligatures: None Formatted: Font: Not Bold Formatted: Indent: Left: 0.5", No bullets or Formatted: Font: Not Bold Formatted: Indent: Left: 0.5", No bullets or Formatted: Font: Not Bold Formatted: Indent: Left: 0.5", No bullets or Formatted: Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: Not Bold Formatted: Font: (Default) Times New Roman, 10 pt, Bold Formatted: Indent: Left: 0.5", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: Bold Formatted: Font: Not Bold Formatted: Indent: Left: 0.5", No bullets or Right-of-Way Ordinance No. 113 2 7. Construction Performance Bond. Any of the following forms of security provided at permittee’s option: a. Individual project bond. b. Cash deposit. c. Security of a form listed or approved under Minn. Stat. § 15.73, subd. 3. d. Letter of Credit, in a form acceptable to the city. e. Self-insurance, in a form acceptable to the city. f. A blanket bond for projects within the city, or other form of construction bond, for a time specified and, in a form, acceptable to the city. 8. Degradation. A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right -of-way earlier than would be required if the excavation or disturbance did not occur. 9. Degradation Cost. Subject to Minn. R. 7819.1100, means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minn. R., parts 7819.9900 to 7819.9950. 10. Degradation Fee. The estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right -of-way caused by the excavation, and which equals the degradation cost. 11. Department. The department of the city tasked by the City Council to oversee public works. 12. Delay Penalty. The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit. 13. Emergency. A condition that (1) poses a danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. 14. Equipment. Any tangible asset used to install, repair, or maintain facilities in any right -of-way. 15. Excavate. To dig into or in any way remove or physically disturb or penetrate any part of a right -of-way. 16. Excavation Permit. The permit which, pursuant to this ordinance, must be obtained before a person may excavate in a right-of-way. An Excavation permit allows the holder to excavate that part of the right -of-way described in such permit. 17. Excavation Permit Fee. Money paid to the city by an applicant to cover the costs as provided in Section 8. 18. Facility or Facilities. Any tangible asset in the right-of-way used to provide Utility or Telecommunications Service. 19. Five-Year Project Plan. Shows projects adopted by the city for construction within the next five years. 20. Local Representative. A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this ordinance. 21. Management Costs. The actual costs the city incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right -of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right -of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportun ity to correct the work; and revoking right-of-way or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable Formatted: Font: Bold Formatted Formatted: Font: (Default) Times New Roman, 10 pt Formatted Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Normal, No bullets or numbering Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Normal, No bullets or numbering Formatted: Font: Bold Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Normal, No bullets or numbering Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Not Highlight Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Right-of-Way Ordinance No. 113 3 fees of a third-party contractor used by the city including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the city, the fees and cost of litigation relating to the interpretation Minn. Stat. §§ 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to Section 25 of this ordinance. 22. Obstruct. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way, or so as to hinder maintenance of any city asset. 23. Obstruction Permit. The permit which, pursuant to this ordinance, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. 24. Obstruction Permit Fee. Money paid to the city by a permittee to cover the costs as provided in Section 8. 25. Patch or Patching. A method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city’s five -year project plan. 26. Pavement. Any type of improved surface that is within the public right -of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. 27. Permit. Has the meaning given “right-of-way permit” in this ordinance. 28. Permittee. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this ordinance. 29. Person. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. 30. Probation. The status of a person that has not complied with the conditions of this ordinance. 31. Probationary Period. One year from the date that a person has been notified in writing that they have been put on probation. 32. Registrant. Any person who (1) has or seeks to have its equipment or facilities located in any right -of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right -of-way or place its facilities or equipment in the right-of-way. 33. Restore or Restoration. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. 34. Restoration Cost. The amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. 35. Public Right-of-Way or Right-of-Way (ROW). The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right -of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. 36. Right-of-Way Permit. Either the excavation permit, the obstruction permit, the small cell permit, or any combination thereof depending on the context, required by this ordinance. 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Right-of-Way User. (1) A telecommunications right-of-way user as defined by Minn. Stat., § 237.162, subd. 4; or (2) a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. 38. Service or Utility Service. Includes (1) those services provided by a public utility as defined in Minn. Stat. 216B.02, subds. 4 and 6; (2) services of a telecommunications right -of-way user, including transporting of voice or data information; (3) services of a cable communications systems as defined in Minn. Stat. ch. 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minn. Stat., ch. 308A; and (6) water, and sewer, including service laterals, steam, cooling, or heating services. 39. Service Lateral. An underground facility that is used to transmit, distribute or furnish ‘gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater fr om a customer’s premises. 40. Small Wireless Facility. A wireless facility that meets both of the following qualifications: each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and all other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the con nection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. 41. Supplementary Application. An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. 42. Temporary Surface. The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city’s two -year plan, in which case it is considered full restoration. 43. Trench. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. 44. Telecommunications Right-of-Way User. A person owning or controlling a facility in the right -of-way, or seeking to own or control a facility in the right-of-way that is used or is intended to be used for providing wireless service, or transporting telecommunication or other voice or data info rmation. For purposes of this ordinance, a cable communication system defined and regulated under Minn. Stat. ch. 238, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in Minn. Stat. § 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. ch. 453 and 453A, or a cooperative electric association organized under Minn. Stat. ch. 308A, are not telecommunications right-of-way users for purposes of this ordinance except to the extent such entity is offering wireless service. 45. Two Year Project Plan. Shows projects adopted by the city for construction within the next two years. 46. Utility Pole. A pole that is used in whole or in part to facilitate telecommunications or electric service. 47. Wireless Facility. Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna. 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Wireless Service. Any service using licensed or unlicensed wireless spectrum, including the use of Wi -Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Titl e VI of the Communications Act of 1934, as amended, including cable service. 49. Wireless Support Structure. A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city. Section 3. Administration. The City Engineer is the principal city official responsible for the administration of the rights-of-way, right-of-way permits, and ordinances related thereto. The City Council may delegate any or all of the duties hereunder. Section 24. Permit RequirementRequired. Except as otherwise provided in this CodeOrdinance, no person may obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained the appropriate permit from the Citycity. 1. Excavation Permit. An excavation permit is required to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. 2. Obstruction Permit. An obstructionA permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a pers on already possesses a valid excavation permit for the same project. 2.3. Small Wireless Facility Permit. A permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion or the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. 2.4. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person (1) makes a supplementary application for another right -of-way permit before the expiration of the initial permit, and (2) a new permit or permit extension is granted. 3.5. Delay Penalty. In accordance with Minnesota Rule 7819.1000 Subpart 3, the City shall impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The permittee shall not be assessed a delay penalty of delays in projec t commencement or completion are due to circumstances beyond the control of the permittee. An application for permit extension is independent of delay, anddelay and does not preclude the assessment of a delay penalty even if the extension is granted. 4.6. Permit Display. Permits issued under this Section shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Zoning AdministratorCity Engineer. Section 35. Permit Applications. Application for a permit shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: 1. Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information: 1. Each permittee’s name, Gopher One-Call registration certificate number, address and, email address, if applicable, and telephone and facsimile numbers. 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The name, address, and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of application. 3. A certificate of insurance or self-insurance: 1. Verifying that an insurance policy has been issued to the permittee by an insurance company licensed to do business in the State of Minnesota, or a form of self insuranceself-insurance acceptable to the Zoning AdministratorCity Engineer. 2. Verifying that the permittee is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (1) use and occupancy of the right-of-way by the permittee, its officers, agents, employees and permittees, and (2) placement and use of facilities and equipment in the right-of-way by the permittee, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of undergrou nd facilities and collapse of property;. 3. Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages .; 4. Requiring that the Zoning AdministratorCity Engineer be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term .; 4. 5. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage in amounts established by the Zoning AdministratorCity Engineer sufficient to protect the City and the public and to carry out the purposes and policies of this Section. 6. The City may require a copy of the actual insurance policies. 7. If the person is a corporation, a copy of the certificate required to be filed under Minnesota Statute § 300.03 as recorded and certified to by the Secretary of State. 8. A copy of the person’s order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. 2. Payment of money due to the Citycity for: 1. Ppermit fees, estimated restoration costs and other management costs., 2. Pprior obstruction or excavations.; 3. Aany undisputed loss, damage, or expense suffered by the Citycity because of applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the Citycity.; 4. Ffranchise fees or other charges, if applicable. 3. Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110 percent of the amount owing. 4. Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Normal, No bullets or numbering Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Commented [EM2]: Currently the city just has a $200 fee for ‘utility work within ROW’, is there other fees we want to add into the fee schedule? Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering Formatted Formatted: Font: 10 pt Right-of-Way Ordinance No. 113 7 Section 46. Issuance of permit; Cconditions. 1. Permit Issuance. If the applicant has satisfied the requirements of this Section, the Zoning AdministratorCity shall issue a permit. 2. Conditions. The Zoning AdministratorCity Engineer may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right -of-way and its current use. In addition, a permittee shall comply with all requirements of local, statestate, and federal laws, including but not limited to Minnesota Statutes §216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Section Chapter 7560. Trenchless Excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes, Section 216D and Minnesota Rules Section 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the City. Section 7. Small Wireless Facility Permits. 1. Small Wireless Facility Conditions. In addition to Section 6.2, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions: a. A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. b. No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the city’s written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safet y and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. c. No wireless facility may extend more than 10 feet above its wireless support structure. d. Where an applicant proposes to install a new wireless support structure in the right -of-way, the city may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right -of-way. e. Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, such equipment shall be consistent with the City’s aesthetic standards regarding wireless equipme nt as adopted by the City Engineer. Such standards shall ensure that wireless equipment is installed with a stealth design and that equipment does not detract from the character of the area in which it is installed. In addition, the City Engineer shall adopt standards that ensure city assets can continue to effectively perform their intended function. Standards shall be made available with the application required for a small cell permit. f. Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. a.g. A permit will be deemed void if the approved equipment is not installed within one (1) year of issuance of the permit. 1.2. Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right -of-way, after the applicant has executed a standard small wireless facility collocation agreement with the city. . The standard collocation agreement may require payment of the following: 2.a. Rent to collocate on the city structure. 3.b. Yearly fee for maintenance associated with the collocation;collocation. 4.c. A monthly fee for electrical service as follows: Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Indent: Left: 0.5", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt, Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Not Bold Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Not Highlight Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: Not Bold Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: Not Bold Formatted Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Bold Commented [EM3]: Maximums per State Stat: (1) up to $150 per year for rent to occupy space on a wireless support structure; (2) up to $25 per year for maintenance associated with the space occupied on a wireless support structure; and (3) a monthly fee for electricity used to operate a small wireless facility, if not purchased directly from a utility, at the rate of: (i) $73 per radio node less than or equal to 100 max watts; (ii) $182 per radio node over 100 max watts; or (iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or (ii). Formatted Right-of-Way Ordinance No. 113 8 5.i. A fee per radio node less than or equal to 100 maximum watts;watts. 6.ii. A fee per radio node over 100 maximum watts; or 7.iii. The actual costs of electricity, if the actual cost exceed the foregoing. 8. 9.3. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. . Issuance of a small wireless facility permit does not supersede, alteralter, or affect any then-existing agreement between the city and applicant. 4. Action on Small Wireless Facility Permit Applications. a. Deadline for Action. The city shall approve or deny a small wireless facility permit application within 90 days after filing of such application or within any timeline established by state law. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section. b. Consolidated Applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facili ties in the application: i. are located within a two-mile radius. ii. consist of substantially similar equipment; and iii. are to be placed on similar types of wireless support structures. c. In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. d. Tolling of Deadline. The 90-day deadline for action on a small wireless facility permit application may be tolled if: i. The city receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case, the city may extend the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension. ii. The applicant fails to submit all required documents or information, and the city provides written notice of incompleteness to the applicant within 30 days of receipt the application. Upon submission of additional documents or information, the city shall have ten days to notify the applicant in writing of any still-missing information. iii. The city and a small wireless facility applicant agree in writing to toll the review period. 10.e. Section 58. Permit Fees. The City Council establishes fees for permits, and shall from time to time examine and adjust as needed to conform to the City’s actual costs of regulation, management, degradation, city engineering, and make-ready or construction costs associated with collocation of small wireless facilitiesfees for permits and applications governed by this Ordinance. Said fees shall be in the City Fee Schedule as adopted by Ordinance. 1. Excavation Permit Fee. A fee shall be collected with an application for an excavation permit, and the amount of the fee is determined by the type of excavation proposed: 1. Hole excavation: $125.00 2. Emergency Hole: $55.00 3. Trench: $125.00 + $70 per 100 lineal feet of trench 2. Obstruction Permits Fee. A fee of $50.00 plus $.05 per lineal foot of obstruction shall be collected with an application for a permit to obstruct a right-of-way. Formatted Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Normal, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: 8 pt, Not Bold Formatted: Font: (Default) Times New Roman Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: 8 pt, Not Bold Formatted: Font: 10 pt, Bold Formatted: Font: 10 pt Formatted Formatted: Font: 10 pt Formatted: Font: 10 pt, Bold Formatted: Font: 10 pt Formatted Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Right-of-Way Ordinance No. 113 9 3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of permit fees. 4. Permit Extension Fee. A fee of $55.00 shall be collected with an application for extension of an existing right-of-way permit. 5. Delay Penalty. If the Zoning Administrator finds that a delay penalty is warranted under Section 2.3, the penalty shall be $60.00 for the first three (3) days of delay, and $10.00 per day thereafter. 6. Non refundable. Permit fees that were paid for a permit that the Zoning Administrator has revoked for a breach as stated in Section 14 are not refundable. 7.1. Application to Ffranchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right -of-way used in the franchise. Section 69. Supplementary Applications. 1. Limitation on Area. A right-of-way permit is valid only for the area of the right -of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (1) make application for a permit extension and pay any additional fees required thereby, and (2) be granted a new permit or permit extension . 2. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, andneeds and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. Section 10. Joint Applications. 1. Joint Application. Registrants may jointly apply for permits to excavate or obstruct the right -of-way at the same place and time. 2. Shared Fees. Registrants who apply for permits for the same obstruction or excavation, which the city does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pa y and indicate the same on their applications. 3. City Projects. Registrants who join in a scheduled obstruction or excavation performed by the city, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee, but a permit would still be required. Section 11 . Other Obligations. 1. Compliance with other Laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law, or regulation. A permittee shall comply with all requirements of local, state, and federal laws, including but not limited to Minn. Stat. §§ 216D.01 -.09 (Gopher One Call Excavation Notice System) and Minn. R., ch. 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work. Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: Not Bold Formatted: Indent: Left: 0.5", No bullets or Formatted: Font: Not Bold Formatted: Font: (Default) Times New Roman, 10 pt, Bold Formatted: Indent: Left: 0.5", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: List Paragraph, Add space between paragraphs of the same style, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Not Bold Formatted: Font: (Default) Times New Roman, 10 pt, Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Right-of-Way Ordinance No. 113 10 2. Prohibited Work. Except in an emergency, and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. 3. Interference with ROW. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. 4. Trenchless Excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes, Section 216D and Minnesota Rules Chapter 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the City. Section 712. Denial of permit. The City may deny a permit for failure to meet the requirements and conditions of this Section ordinance or if the City determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. The denial or revocation of a permit must be made in writing and must document the basis for the denial. The city must notify the applicant or right -of-way user in writing within three business days of the decision to deny or revoke a permit. If an applica tion is denied, the right- of-way user may address the reasons for denial identified by the city and resubmit its application. If the application is resubmitted within 30 days of receipt of the notice of denial, no additional application fee shall be impos ed. The city must approve or deny the resubmitted application within 30 days after submission. Sections 8-9. (RESERVED). Section 1013. Installation Requirements. The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minn. R. 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are consistent with the Minn. Stat., §§ 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minn. R., ch 7560 and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits and/or agreements referenced in Section 17 of this ordinance.excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes § 237.162 and § 237.163. Section 1114. Right-of-Way Patching and Restoration. 1. Timing. The work to be done under any excavation permit, and the patching and restoration of the right -of- way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonable or unreasonable under Section 1417. 2. Patch and Restoration. Permittee shall patch its own work. The City may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. 1. City Restoration. If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If following such restoration, the pavement settles due to permittee’s improper backfilling, the permittee shall pay to the City, within thirt y (30) days of billing, all costs associated with having to correct the defective work. 2. Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rules 7819.3000. Formatted: Font: Not Bold Formatted: Indent: Left: 0.5", No bullets or Formatted: Font: Not Bold Formatted: Font: (Default) Times New Roman, 10 pt, Bold Formatted: Indent: Left: 0.5", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: List Paragraph, Add space between paragraphs of the same style, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Not Bold Formatted: Font: (Default) Times New Roman, 10 pt, Bold Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Right-of-Way Ordinance No. 113 11 3. Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right -of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. 3. Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the City and shall comply with Minnesota Rule 7819.1100. 4. Duty to correct defects. The permittee shall correct defects in patching, or restoration performed by permittee or its agents. Permittee upon notification from the Zoning AdministratorCity Engineer, correct all restoration work to the extent necessary, using the method require by the Zoning AdministratorCity Engineer. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Zoning AdministratorCity Engineer, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under Section 1417. 5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the Zoning AdministratorCity Engineer, or fails to satisfactorily and timely complete all restoration required by the Zoning AdministratorCity Engineer, the City at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the City may exercise its rights under the cons truction performance bond. Section 1215. Inspection. 1. Notice of Completion. When the work under and permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minnesota Rules 7819.1300 . or other as-built documentation as deemed necessary by the City Engineer. 2. Site Inspection. Permittee shall make the work-site available to City personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. 3. Authority of Zoning AdministratorCity Engineer. 1. At the time of inspectioninspection, the Zoning AdministratorCity Engineer may order the immediate cessation of any work which poses a serious threat to life, health, safety or well beingwellbeing of the public. 2. The Zoning AdministratorCity Engineer may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the Zoning AdministratorCity Engineer that the violation has been corrected. If such proof has not been presented within the required time, the Zoning AdministratorCity Engineer may revoke the permit pursuant to Section 1417. 3. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the Zoning AdministratorCity Engineer of the accurate information as soon as this information is known. Section 1316. Work Done Without a Permit. 1. Emergency Situations. Each person with facilities in the right-of-way shall immediately notify the City of any event regarding its facilities that it considers being an emergency. Excavator’s notification to Gopher State One Call regarding an emergency situation does not fulfi ll this requirement. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Within two (2) business days after the occurrence of the emergency the owner shall apply for the necessary permits, pay Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Not Highlight Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Right-of-Way Ordinance No. 113 12 the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Section for the actions it took in response to the emergency. If the City becomes aware of an emergency regarding facilities, the Citycity will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency. 2. Non-Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right -of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by this code, deposit with the City the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this Section. Section 1417. Revocation of Permits. 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any right -of-way permit, without a refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A su bstantial breach by permittee shall include, but shall not be limited to, the following: 1. The violation of any material provision of the right -of-way permit;permit. 2. An envision or attempt to evade any material provision of the right -of-way permit, or the perpetuation or attempt to perpetrate any fraud or deceit upon the City or its citizens;citizens. 3. Any material misrepresentation of fact in the application for a right-of-way permit;permit. 4. The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee’s control; or 5. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Section 1815. 2. Written Notice of Breach. If the City determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulationregulation, or any condition of the permit that City shall make a written demand upon the permittee to remedy such violation. The demand shall state continued violations might be cause for revocation of the permit. A substantial or revised conditions on the permit to mitigate and remedy the breach. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall provide the City with a plan, acceptable to the City, which will cure the breach. Permittee’s failure to so contact the City, or the permittee’s failure to submit an acceptable plan, or permittee’s failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. 4. Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the City for the City’s reasonable costs, including restoration costs and the costs of collection and reasonable attorneys’ fees incurred in connection with such revocation. Section 1518. Mapping Data. 1. Information Required. Each permittee shall provide mapping information required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days following completion of any work pursuant to a permit, the permittee shall provide the Zoning AdministratorCity Engineer Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Right-of-Way Ordinance No. 113 13 accurate maps and drawings certifying the “as-built” location of all equipment installed, owned and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided in a format consistent with the city’s electronic mapping system, when practical or as a condition imposed by the Zoning administratorCity Engineer. Failure to provide maps and drawings pursuant to this subsection shall subject the permittee to the delay penalties established in accordance with Section 1.048 and may affect the grant of any future permits for right-of- way excavation or obstruction. 2. Service Laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minn. R. 7560.0150, subp. 2, shall require the permittee’s use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the City Engineer reasonably requires it. Permittees or their subcontractors shall submit to the City Engineer evidence satisfactory to the City Engineer of the installed service lateral locations. Compliance with this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules governing service laterals installed after Dec. 31, 2005, shall be a condition of any city approval necessary for:All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 Subpart 2, shall require the permittee’s use of appropriate means of establishing the horizontal locations of installed service laterals, and the service lateral vertical locations in those cases where the City reasonably requires it. Permittees or their subcontractors shall submit to the City evidence of the installed service lateral locations. Compliance with this Section and with applicable Gopher State One Call law and Minnesota Rules governing service laterals shall be a condition of any City approval necessary for: a. (1) payments to contractors working on a public improvement project (including those under Minnesota Statutes, Chapter 429); and 2.b. (2) City approval under development agreements or other subdivision or site plan approval under Minn. Stat. ch. 462. The City Engineer shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or future permits to the offending permittee or its subcontractors.City approval of performance under development agreements, or other subdivision or site plan approval under the City’s official land use controls. The City shall reasonably determine the appropriate method of providing such information. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or for future permits to the offending permittee or its subcontractors. Section 1619. Location of Facilities; Undergrounding. 1. Purpose. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, with other applicable standards adopted by the city engineer, and with Minn. R. 7819.3100, 7819.5000, and 7819.5100, to the extent the rules do not limit authority otherwise avai lable to cities.The purpose of this section is to promote the health, safety, and general welfare of the public and is intended to foster (1) safe travel over the right-of-way, (2) non-travel related safety around homes and buildings where overhead feeds are connected and (3) orderly development in the City. Location and relocation, installation and reinstallation of Facilities in the right -of-way must be made in accordance with this section. This section is intended to be enforced consistently with state and federal law regulating right-of-way users, specifically including but not limited to Minnesota Statutes, §§ 161.45, 237.162, 237.163, 300.03, 222.37, 238.084 and 216B.36 and the Telecommunications Act of 1996, Title 47, USC Section 253 . 2. Undergrounding of Facilities. Unless otherwise agreed in a franchise between the applicable right -of-way user and the City, facilities places in the public right-of-way must be located, relocated and maintained underground pursuant to the terms and conditions of this section and in ac cordance with applicable construction standards. 3. Undergrounding of New Facilities. A new facility or a permanent extension of facilities must be installed and maintained underground when supplied to: Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted Formatted: Font: 10 pt Right-of-Way Ordinance No. 113 14 1. a new installation of buildings, sings, streetlights or other structures;structures. 2. a new subdivision of land; or 3. a new development containing new commercial or industrial buildings. 4. Undergrounding of Permanent, Relocated or Reconstructed Facilities. A permanent replacement, relocationrelocation, or reconstruction of a facility of more than 300 feet must be located, and maintained underground, with due regard for seasonal working conditions. For purposes of this section, reconstruction means any substantial repair of or any improvement to existing facilities. Undergrounding is required whether a replacement, relocation or reconstruction is initiated by the right -of-way user owning or operating the facilities, or by the City in connection with (1) the present or future use by the City or other local government unit of the right-of-way for a public project, (2) the public health or safety, or (3) the safety and convenience of travel over the right-of-way. 5. Corridors. The City may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the City involving the installation or repla cement of facilities shall designate the proper corridor for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of- way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs, and ha rdship to the registrant. 6. Limitation of Space. The Zoning AdministratorCity Engineer shall, to the extent possible, accommodate all existing and potential users of the right-of-way. In doing so, the Administrator shall be guided by consideration of the public interest, including the public’s needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future City plans for public improvements and development projects. 6.7. Nuisance. One year after the passage of this Ordinance, any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance, or taking possession of the facilities and restoring the right-of-way to a useable condition. Section 1720. Retirement of Overhead Facilities. The City Council may determine whether it is in the public interest that all facilities within the City, or within certain districts designated by the City, be permanently placed and maintained underground by a date certain or target date, independently of undergrounding required pursuant to Section 16 19 of this Ordinance. The decision to underground existing facilities must be preceded by a public hearing, after notice published for two (2) consecutive weeks and written notice mailed to the utilities affected at least 30 days prior to the hearing. At the hearinghearing, the City Council must consider, at a maximum, all of the issues stated in 17.2 below and make findings. Undergrounding of existing facilities may not take place until the City Council has, after hearing and notice, adopted a plan in accordance with 1720.3 below. 1. Public Hearings. A hearing must be open to the public and may be continued from time to time. At each hearinghearing, any person interested must be given an opportunity to be heard. The subject of the public hearings shall be the issue of whether Facilities in the right -of-way in the City, or located within a certain district, shall all be located underground by a date certain. Hearings are not necessary for the undergrounding required under Section 16 19 of this Ordinance. 2. Public Hearing Issues. The issues to be addressed at the public hearings include but are not limited to: Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.5", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: Bold Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Right-of-Way Ordinance No. 113 15 1. The costs and benefits to the public of requiring the undergrounding of all facilities in the right -of- way. 2. The feasibility and cost of undergrounding all facilities by a date certain as determined by the City Council and the affected unities. 3. The tariff requirements, procedure and rate design for recovery or intended recovery of incremental costs for undergrounding by the utilities from ratepayers within the Citycity. 4. Alternative financing options available if the Citycity deems it in the public interest to require undergrounding by a date certain and deems it appropriate to participate in the cost otherwise borne by the ratepayers. Upon completion of the hearing or hearings, the City Council must make written findings on whether it is in the public interest to establish a plan under which all facilities will be underground, either Citywide or within districts designated by the City. 3. Undergrounding Plan. If the City finds that it is in the public interest to underground all or substantially all facilities in the public right of way, the City must establish a plan for such undergrounding. The plan for undergrounding must include at least the following elem ents: 1. Timetable for the undergrounding. 2. Designation of districts for the undergrounding unless, undergrounding plan is Citywide . 3. Exceptions to the undergrounding requirement and procedure for establishing such expectations. 4. Procedures for the undergrounding process, including but not limited to coordination with City projects and provisions to ensure compliance with nondiscrimination requirements under the law. 5. A financing plan for funding of the incremental costs if the Citycity determines that it will finance some of the undergrounding costs, and a determination and verification of the claimed additional costs to undergrounding incurred by the utility. 6. Penalties or other remedies for failure to comply with the undergrounding. Section 1821. Damage to Other Facilities. When the City foes work in the right-of-way and finds it necessary to maintain, support, or move facilities to protect its workers or its project, the Zoning AdministratorCity Engineer shall notify the local representative as early as reasonably possible. The costs associated therewith will be billed to that facility owner and must be paid within thirty (30) days from the date of billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the City’s response to an emergency occasioned by that owner’s facilities. Section 2219. Right-of-way Vacation. If the City vacated a right-of-way that contains facilities, the facility owner’s rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. Section 2023. Indemnification and Liability. By applying for and accepting a permit under this Sectionordinance, a permittee agrees to defend and indemnify the City in accordance with the provisions of Minnesota Rule 7819.1250. Section 2124. Abandoned Facilities. 1. Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant’s obligations for its facilities in the right-of-way under this ordinance have been lawfully assumed by another registrant. Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Normal, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: Bold Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Normal, No bullets or numbering Right-of-Way Ordinance No. 113 16 2. Removal. Any registrant who has abandoned facilities in any right -of-way shall remove it from that right- of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the city.Any person who has abandoned facilities in any right -of-way shall remove them from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless the Zoning Administrator waives this requirement. Failure to remove abandoned facilities may affect the grant of any future permits to the person responsible for the abandoned facilities. Section 2225. Appeal. A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had permit revoked; (4) believes that the fees imposed are invalid; or (5) disputes a determination of the City regarding Section 1.169 Subdivision 2 of this Ordinance, may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition will be writing and supported by written findings establishing the reasonableness of the decision. Section 2326. Reservation of Regulatory and Police Powers. A permittee’s rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safetysafety, and welfare of the public. Section 2427. Severability. If any portion of this chapterordinance is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this chapterordinance precludes the city from requiring a franchise agreement with the applicant, as allowed by law in addition to the requirements set forth herein. Section 2528. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. Dated: , 20102025 Gretchen Artig-SwomleyRobert Uzpen, Mayor William ShortMelissa Lawrence, Acting City Clerk Summary of Ordinance 113 approved by City Council and published in the White Bear Press on 1 -27-2010. Formatted: Font: Bold Formatted: List Paragraph, Add space between paragraphs of the same style, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.28" + Indent at: 0.53" Formatted: Font: 10 pt Formatted: Font: 10 pt, Not Highlight Formatted: Not Highlight Formatted: Font: 10 pt, Not Highlight Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Right-of-Way Ordinance No. 113 17 City of Gem Lake, Ramsey County, Minnesota Right of Way (ROW) Ordinance No. 113 This ordinance to administer and regulate the public right-of-way in the public interest and to provide for the issuance and regulation of right-of-way permits, was originally enacted by the City in January 2010. The City Council has made amendments to the Ordinance in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinances and the said amendments. Ordinance Description Enactment 113 Ordinance adopted January 2010 113 Amendment adding and revising definitions, adding requirements regarding small wireless facilities, moving fees to the Fee Schedule, and updating processes and procedures. Month 202X Formatted: Font: (Default) Times New Roman, 10 pt, Ligatures: None Formatted: Font: (Default) Times New Roman, 10 pt, Ligatures: None Formatted: Font: (Default) Times New Roman, 10 pt, Ligatures: None Formatted: Font: (Default) Times New Roman, 10 pt, Ligatures: None Formatted: Font: (Default) Times New Roman, 10 pt, Ligatures: None Formatted: Font: 10 pt Right-of-Way Ordinance No. 113 1 City Of Gem Lake, Ramsey County, Minnesota Right-Of-Way Ordinance No. 113 AN ORDINANCE TO ADMINISTER AND REGULATE THE PUBLIC RIGHT-OF-WAY IN THE PUBLIC INTEREST AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS Section 1. Findings, Purpose, and Intent. To provide for the health, safety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of- way in a state of good repair and free from unnecessary encumbrances. Accordingly, the City hereby enacts this new Section of this Code relating to right-of-way permits and administration. This Section imposes reasonable regu lation on the placement and maintenance of facilities and equipm ent currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of the state and federal agencies. Under this Section, persons excavating and obstructing the rights-of-way will bear financial responsibility for their work. Finally, this Section provides for recovery of out-of-pocket and projected costs from persons using the public rights- of-way. This Section shall be interpreted consistently with Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the “Act”) and the other laws governing applicable rights of the City and users of the right -of- way. This Section shall also be interpreted consistent with Minnesota Rules 7819.0050 – 7819.9950 where possible. To the extent any provision of this Section cannot be interpreted consistently with the Minnesota Rules, Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory case law is intended. This Section shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public. 1. Election to Manage the Public Right-of-Way. In accordance with the authority granted to the City under state and federal statutory, administrative, and common law, the City hereby elects pursuant to this Section to manage rights-of-way within its jurisdiction. Section 2. Definitions. The following definitions apply in this Ordinance. References hereafter to “sections” are, unless otherwise specified, references to sections in this Ordinance. 1. Abandoned Facility. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. 2. Applicant. Any person requesting permission to excavate, obstruct, or otherwise place facilities in a right - of-way. 3. City. The city of Gem Lake, Minnesota. For purposes of Section 23, ‘city’ also means the City’s elected officials, officers, employees, and agents. 4. City Engineer. The City Engineer, or other employee designated by the City Council to administer this Ordinance. 5. Collocate or Collocation. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit. 6. Commission. The State of Minnesota Public Utilities Commission. 7. Construction Performance Bond. Any of the following forms of security provided at permittee’s option: a. Individual project bond. Right-of-Way Ordinance No. 113 2 b. Cash deposit. c. Security of a form listed or approved under Minn. Stat. § 15.73, subd. 3. d. Letter of Credit, in a form acceptable to the city. e. Self-insurance, in a form acceptable to the city. f. A blanket bond for projects within the city, or other form of construction bond, for a time specified and, in a form, acceptable to the city. 8. Degradation. A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. 9. Degradation Cost. Subject to Minn. R. 7819.1100, means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minn. R., parts 7819.9900 to 7819.9950. 10. Degradation Fee. The estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. 11. Department. The department of the city tasked by the City Council to oversee public works. 12. Delay Penalty. The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit. 13. Emergency. A condition that (1) poses a danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. 14. Equipment. Any tangible asset used to install, repair, or maintain facilities in any right -of-way. 15. Excavate. To dig into or in any way remove or physically disturb or penetrate any part of a right -of-way. 16. Excavation Permit. The permit which, pursuant to this ordinance, must be obtained before a person may excavate in a right-of-way. An Excavation permit allows the holder to excavate that part of the right-of-way described in such permit. 17. Excavation Permit Fee. Money paid to the city by an applicant to cover the costs as provided in Section 8. 18. Facility or Facilities. Any tangible asset in the right-of-way used to provide Utility or Telecommunications Service. 19. Five-Year Project Plan. Shows projects adopted by the city for construction within the next five years. 20. Local Representative. A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this ordinance. 21. Management Costs. The actual costs the city incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right -of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the city including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the city, the fees and cost of litigation relating to the Right-of-Way Ordinance No. 113 3 interpretation Minn. Stat. §§ 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to Section 25 of this ordinance. 22. Obstruct. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way, or so as to hinder maintenance of any city asset. 23. Obstruction Permit. The permit which, pursuant to this ordinance, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. 24. Obstruction Permit Fee. Money paid to the city by a permittee to cover the costs as provided in Section 8. 25. Patch or Patching. A method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city’s five -year project plan. 26. Pavement. Any type of improved surface that is within the public right -of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. 27. Permit. Has the meaning given “right-of-way permit” in this ordinance. 28. Permittee. Any person to whom a permit to excavate or obstruct a right -of-way has been granted by the city under this ordinance. 29. Person. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. 30. Probation. The status of a person that has not complied with the conditions of this ordinance. 31. Probationary Period. One year from the date that a person has been notified in writing that they have been put on probation. 32. Registrant. Any person who (1) has or seeks to have its equipment or facilities located in any right -of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right -of-way or place its facilities or equipment in the right-of-way. 33. Restore or Restoration. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. 34. Restoration Cost. The amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. 35. Public Right-of-Way or Right-of-Way (ROW). The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. 36. Right-of-Way Permit. Either the excavation permit, the obstruction permit, the small cell permit , or any combination thereof depending on the context, required by this ordinance. 37. Right-of-Way User. (1) A telecommunications right-of-way user as defined by Minn. Stat., § 237.162, subd. 4; or (2) a person owning or controlling a facility in the right -of-way that is used or intended to be Right-of-Way Ordinance No. 113 4 used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. 38. Service or Utility Service. Includes (1) those services provided by a public utility as defined in Minn. Stat. 216B.02, subds. 4 and 6; (2) services of a telecommunications right-of-way user, including transporting of voice or data information; (3) services of a cable communications systems as defined in Minn. Stat. ch. 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minn. Stat., ch. 308A ; and (6) water, and sewer, including service laterals, steam, cooling, or heating services. 39. Service Lateral. An underground facility that is used to transmit, distribute or furnish ‘gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater fr om a customer’s premises. 40. Small Wireless Facility. A wireless facility that meets both of the following qualifications: each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and all other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the con nection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. 41. Supplementary Application. An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. 42. Temporary Surface. The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city’s two -year plan, in which case it is considered full restoration. 43. Trench. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. 44. Telecommunications Right-of-Way User. A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right -of-way that is used or is intended to be used for providing wireless service, or transporting telecommunication or other voice or data info rmation. For purposes of this ordinance, a cable communication system defined and regulated under Minn. Stat. ch. 238, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in Minn. Stat. § 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. ch. 453 and 453A, or a cooperative electric association organized under Minn. Stat. ch. 308A, are not telecommunications right-of-way users for purposes of this ordinance except to the extent such entity is offering wireless service. 45. Two Year Project Plan. Shows projects adopted by the city for construction within the next two years. 46. Utility Pole. A pole that is used in whole or in part to facilitate telecommunications or electric service. 47. Wireless Facility. Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent t o and directly associated with a specific antenna. Right-of-Way Ordinance No. 113 5 48. Wireless Service. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service. 49. Wireless Support Structure. A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city. Section 3. Administration. The City Engineer is the principal city official responsible for the administration of the rights-of-way, right-of-way permits, and ordinances related thereto. The City Council may delegate any or all of the duties hereunder. Section 4. Permit Required. Except as otherwise provided in this Ordinance, no person may obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained the appropriate permit from the city. 1. Excavation Permit. A permit is required to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right -of-way by placing facilities described therein, to the extent and for the duration specified t herein. 2. Obstruction Permit. A permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. 3. Small Wireless Facility Permit. A permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion or the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. 4. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person makes a supplementary application for another right -of-way permit before the expiration of the initial permit, and a new permit or permit extension is granted. 5. Delay Penalty. In accordance with Minnesota Rule 7819.1000 Subpart 3, the City shall impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The permittee shall not be assessed a delay penalty of delays in project commencement or completion due to circumstances beyond the control of the permittee. An application for permit extension is independent of delay and does not preclude the assessment of a delay penalty even if the extension is granted. 6. Permit Display. Permits issued under this Section shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the City Engineer. Section 5. Permit Applications. Application for a permit shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: 1. Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information: 1. Each permittee’s name, Gopher One-Call registration certificate number, address, email address, and telephone number. 2. The name, address, e-mail address, and telephone number of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of ap plication. Right-of-Way Ordinance No. 113 6 3. A certificate of insurance or self-insurance: 1. Verifying that an insurance policy has been issued to the permittee by an insurance company licensed to do business in the State of Minnesota, or a form of self-insurance acceptable to the City Engineer. 2. Verifying that the permittee is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (1) use and occupancy of the right-of-way by the permittee, its officers, agents, employees and permittees, and (2) placement and use of facilities and equipment in the right-of-way by the permittee, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property. 3. Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages . 4. Requiring that the City Engineer be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term . 5. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage in amounts established by the City Engineer sufficient to protect the City and the public and to carry out the purposes and policies of this Section. 6. The City may require a copy of the actual insurance policies. 7. If the person is a corporation, a copy of the certificate required to be filed under Minnesota Statute § 300.03 as recorded and certified to by the Secretary of State. 8. A copy of the person’s order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. 2. Payment of money due to the city for: 1. Permit fees, estimated restoration costs and other management costs. 2. Prior obstruction or excavations. 3. Any undisputed loss, damage, or expense suffered by the city because of applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city. 4. Franchise fees or other charges, if applicable. 3. Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110 percent of the amount owing. 4. Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. Right-of-Way Ordinance No. 113 7 Section 6. Issuance of permit; Conditions. 1. Permit Issuance. If the applicant has satisfied the requirements of this Section, the City shall issue a permit. 2. Conditions. The City Engineer may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, state, and federal laws, including but not limited to Minnesota Statutes §216D.01 -.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. Section 7. Small Wireless Facility Permits. 1. Small Wireless Facility Conditions. In addition to Section 6.2, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions: a. A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. b. No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the city’s written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. c. No wireless facility may extend more than 10 feet above its wireless support structure. d. Where an applicant proposes to install a new wireless support structure in the right -of-way, the city may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way. e. Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, such equipment shall be consistent with the City’s aesthetic standards regarding wireless equipment as adopted by the City Engineer. Such standards shall ensure that wireless equipment is installed with a stealth design and that equipment does not detract from the character of the area in which it is installed. In addition, the City Engineer shall adopt standards that ensure city assets can continue to effectively perform their intended function. Standards shall be made available with the application required for a small cell permit. f. Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. g. A permit will be deemed void if the approved equipment is not installed within one (1) year of issuance of the permit. 2. Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right -of-way, after the applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following: a. Rent to collocate on the city structure. b. Yearly fee for maintenance associated with the collocation. c. A monthly fee for electrical service as follows: i. A fee per radio node less than or equal to 100 maximum watts. ii. A fee per radio node over 100 maximum watts; or iii. The actual costs of electricity, if the actual cost exceed the foregoing. Right-of-Way Ordinance No. 113 8 3. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter, or affect any then-existing agreement between the city and applicant. 4. Action on Small Wireless Facility Permit Applications. a. Deadline for Action. The city shall approve or deny a small wireless facility permit application within 90 days after filing of such application or within any timeline established by state law. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section. b. Consolidated Applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facili ties in the application: i. are located within a two-mile radius. ii. consist of substantially similar equipment; and iii. are to be placed on similar types of wireless support structures. c. In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. d. Tolling of Deadline. The 90-day deadline for action on a small wireless facility permit application may be tolled if: i. The city receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven -day period. In such case, the city may extend the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension. ii. The applicant fails to submit all required documents or information, and the city provides written notice of incompleteness to the applicant within 30 days of receipt the application. Upon submission of additional documents or information, the city shall have ten days to notify the applicant in writing of any still-missing information. iii. The city and a small wireless facility applicant agree in writing to toll the review period. Section 8. Permit Fees. The City Council establishes fees for permits, and shall from time to time examine and adjust as needed to conform to the City’s actual costs of regulation, management, degradation, city engineering, and make-ready or construction costs associated with collocation of small wireless facilities. Said fees shall be in the City Fee Schedule as adopted by Ordinance. 1. Application to Franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right -of-way used in the franchise. Section 9. Supplementary Applications. 1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that s pecified in the permit must be obstructed or excavated must before working in that greater area (1) make application for a permit extension and pay any additional fees required thereby, and (2) be granted a new permit or permit extension. 2. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be s ubmitted before the permit end date. Right-of-Way Ordinance No. 113 9 Section 10. Joint Applications. 1. Joint Application. Registrants may jointly apply for permits to excavate or obstruct the right -of-way at the same place and time. 2. Shared Fees. Registrants who apply for permits for the same obstruction or excavation, which the city does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. 3. City Projects. Registrants who join in a scheduled obstruction or excavation performed by the city, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee, but a permit would still be required. Section 11 . Other Obligations. 1. Compliance with other Laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law, or regulation. A permittee shall comply with all requirements of local, state, and federal laws, including but not limited to Minn. Stat. §§ 216D.01-.09 (Gopher One Call Excavation Notice System) and Minn. R., ch. 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right -of-way pursuant to its permit, regardless of who does the work. 2. Prohibited Work. Except in an emergency, and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. 3. Interference with ROW. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. 4. Trenchless Excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes, Section 216D and Minnesota Rules Chap ter 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the City. Section 12. Denial of permit. The City may deny a permit for failure to meet the requirements and conditions of this ordinance or if the City determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. The denial or revocation of a permit must be made in writing and must document the basis for the denial. The city must notify the applicant or right -of-way user in writing within three business days of the decision to deny or revoke a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the city and resubmit its application. If the application is resubmitted within 30 days of receipt of the notice of denial, no additional applicatio n fee shall be imposed. The city must approve or deny the resubmitted application within 30 days after submission. Section 13. Installation Requirements. The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minn. R. 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are consistent with the Minn. Stat., §§ 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minn. R., ch 7560 and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits and/or agreements referenced in Section 17 of this ordinance. Right-of-Way Ordinance No. 113 10 Section 14. Right-of-Way Patching and Restoration. 1. Timing. The work to be done under any excavation permit, and the patching and restoration of the right -of- way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonable or unreasonable under Section 17. 2. Patch and Restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. 1. City Restoration. If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If following such restoration, the pavement settles due to permittee’s improper backfilling, the permittee shall pay to the City, within thirt y (30) days of billing, all costs associated with having to correct the defective work. 2. Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rules 7819.3000. 3. Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. 3. Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the City and shall comply with Minnesota Rule 7819.1100. 4. Duty to correct defects. The permittee shall correct defects in patching, or restoration performed by permittee or its agents. Permittee upon notification from the City Engineer, correct all restoration work to the extent necessary, using the method require by the City Engineer. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City Engineer, not including days during which work cannot be done because of circumstances constituting force majeure or days when wor k is prohibited as unseasonable or unreasonable under Section 17. 5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the City Engineer, or fails to satisfactorily and timely complete all restoration required by the City Engineer, the City at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right -of-way. If permittee fails to pay as required, the City may exercise its rights under the construction performance bond. Section 15. Inspection. 1. Notice of Completion. When the work under and permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minnesota Rules 7819.1300 or other as-built documentation as deemed necessary by the City Engineer. 2. Site Inspection. Permittee shall make the work-site available to City personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. 3. Authority of City Engineer. 1. At the time of inspection, the City Engineer may order the immediate cessation of any work which poses a serious threat to life, health, safety, or wellbeing of the public. 2. The City Engineer may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after Right-of-Way Ordinance No. 113 11 issuance of the order, the permittee shall present proof to the City Engineer that the violation has been corrected. If such proof has not been presented within the required time, the City Engineer may revoke the permit pursuant to Section 17. 3. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the City Engineer of the accurate information as soon as this information is known. Section 16. Work Done Without a Permit. 1. Emergency Situations. Each person with facilities in the right-of-way shall immediately notify the City of any event regarding its facilities that it considers being an emergency. Excavator’s notification to Gopher State One Call regarding an emergency situation does not fulfi ll this requirement. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Within two (2) business days after the occurrence of the emergency the owner shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Section for the actions it took in response to the emergency. If the City becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency. 2. Non-Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by this code, deposit with the City the fees necessary to correct any damage to the right -of-way and comply with all of the requirements of this Section. Section 17. Revocation of Permits. 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any right-of-way permit, without a refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: 1. The violation of any material provision of the right -of-way permit. 2. An envision or attempt to evade any material provision of the right -of-way permit, or the perpetuation or attempt to perpetrate any fraud or deceit upon the City or its citizens. 3. Any material misrepresentation of fact in the application for a right-of-way permit. 4. The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee’s control; or 5. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Section 15. 2. Written Notice of Breach. If the City determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation, or any condition of the permit that City shall make a written demand upon the permittee to remedy such violation. The demand shall state continued violations might be cause for revocation of the permit. A substantial or revised conditions on the permit to mitigate and remedy the breach. Right-of-Way Ordinance No. 113 12 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall provide the City with a plan, acceptable to the City, which will cure the breach. Permittee’s failure to so contact the City, or the permittee’s failure to submit an acceptable plan, or permittee’s failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. 4. Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the City for the City’s reasonable costs, including restoration costs and the costs of collection and reasonable attorneys’ fees incurred in connection with such revocation. Section 18. Mapping Data. 1. Information Required. Each permittee shall provide mapping information required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days following completion of any work pursuant to a permit, the permittee shall provide the City Engineer accurate maps and drawings certifying the “as-built” location of all equipment installed, owned, and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided in a format consistent with the city’s electronic mapping system, when practical or as a condition imposed by the City Engineer. Failure to provide maps and drawings pursuant to this subsection shall subject the permittee to the delay penalties established in accordance with Section 8 and may affect the grant of any future permits for right-of-way excavation or obstruction. 2. Service Laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minn. R. 7560.0150, subp. 2, shall require the permittee’s use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the City Engineer reasonably requires it. Permittees or their subcontractors shall submit to the City Engineer evidence satisfactory to the City Engineer of the installed service lateral locations. Compliance with this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules governing service laterals installed after Dec. 31, 2005, shall be a condition of any city approval necessary for: a. (1) payments to contractors working on a public improvement project (including those under Minnesota Statutes, Chapter 429); and b. (2) City approval under development agreements or other subdivision or site plan approval under Minn. Stat. ch. 462. The City Engineer shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or future permits to the offending permittee or its subcontractors. Section 19. Location of Facilities; Undergrounding. 1. Purpose. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, with other applicable standards adopted by the city engineer, and with Minn. R. 7819.3100, 7819.5000, and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. 2. Undergrounding of Facilities. Unless otherwise agreed in a franchise between the applicable right-of-way user and the City, facilities places in the public right-of-way must be located, relocated, and maintained underground pursuant to the terms and conditions of this section and in accordance with applicable construction standards. 3. Undergrounding of New Facilities. A new facility or a permanent extension of facilities must be installed and maintained underground when supplied to: 1. a new installation of buildings, sings, streetlights, or other structures. Right-of-Way Ordinance No. 113 13 2. a new subdivision of land; or 3. a new development containing new commercial or industrial buildings. 4. Undergrounding of Permanent, Relocated or Reconstructed Facilities. A permanent replacement, relocation, or reconstruction of a facility of more than 300 feet must be located, and maintained underground, with due regard for seasonal working conditions. For purposes of this section, reconstruction means any substantial repair of or any improvement to existing facilities. Undergrounding is required whether a replacement, relocation or reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the City in connection with (1) the present or future use by the City or other local government unit of the right-of-way for a public project, (2) the public health or safety, or (3) the safety and convenience of travel over the right-of-way. 5. Corridors. The City may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the City involving the installation or repla cement of facilities shall designate the proper corridor for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right -of- way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs, and hardship to the registrant. 6. Limitation of Space. The City Engineer shall, to the extent possible, accommodate all existing and potential users of the right-of-way. In doing so, the Administrator shall be guided by consideration of the public interest, including the public’s needs for the particular utility service, the c ondition of the right-of- way, the time of year with respect to essential utilities, the protection of existing facilities in the right -of- way, and future City plans for public improvements and development projects. 7. Nuisance. One year after the passage of this Ordinance, any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance, or taking possession of the facilities and restoring the right-of-way to a useable condition. Section 20. Retirement of Overhead Facilities. The City Council may determine whether it is in the public interest that all facilities within the city, or within certain districts designated by the city, be permanently placed and maintained underground by a date certain or target date, independently of undergrounding required pursuant to Section 19 of this Ordinance. The decision to underground existing facilities must be preceded by a public hearing, after notice published for two (2) consecutive weeks and written notice mailed to the utilities affected at least 30 days prior to the hearing. At the hearing, the City Council must consider, at a maximum, all of the issues stated in 17.2 below and make findings. Undergrounding of existing facilities may not take place until the City Council has, after hearing and notice, adopted a plan in accordance wit h 20.3 below. 1. Public Hearings. A hearing must be open to the public and may be continued from time to time. At each hearing, any person interested must be given an opportunity to be heard. The subject of the public hearings shall be the issue of whether Facilities in the right-of-way in the City, or located within a certain district, shall all be located underground by a date certain. Hearings are not necessary for the undergrounding required under Section 19 of this Ordinance. 2. Public Hearing Issues. The issues to be addressed at the public hearings include but are not limited to: 1. The costs and benefits to the public of requiring the undergrounding of all facilities in the right -of- way. Right-of-Way Ordinance No. 113 14 2. The feasibility and cost of undergrounding all facilities by a date certain as determined by the City Council and the affected unities. 3. The tariff requirements, procedure and rate design for recovery or intended recovery of incremental costs for undergrounding by the utilities from ratepayers within the city. 4. Alternative financing options available if the city deems it in the public interest to require undergrounding by a date certain and deems it appropriate to participate in the cost otherwise borne by the ratepayers. Upon completion of the hearing or hearings, the City Council must make written findings on whether it is in the public interest to establish a plan under which all facilities will be underground, either Citywide or within districts designated by the City. 3. Undergrounding Plan. If the City finds that it is in the public interest to underground all or substantially all facilities in the public right of way, the City must establish a plan for such undergrounding. The plan for undergrounding must include at least the following elem ents: 1. Timetable for the undergrounding. 2. Designation of districts for the undergrounding unless, undergrounding plan is Citywide . 3. Exceptions to the undergrounding requirement and procedure for establishing such expectations. 4. Procedures for the undergrounding process, including but not limited to coordination with City projects and provisions to ensure compliance with nondiscrimination requirements under the law. 5. A financing plan for funding of the incremental costs if the city determines that it will finance some of the undergrounding costs, and a determination and verification of the claimed additional costs to undergrounding incurred by the utility. 6. Penalties or other remedies for failure to comply with the undergrounding. Section 21. Damage to Other Facilities. When the City foes work in the right-of-way and finds it necessary to maintain, support, or move facilities to protect its workers or its project, the City Engineer shall notify the local representative as early as reasonably possible. The costs associated therewith will be billed to that facility owner and must be paid within thirty (30) days from the date of billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the City’s response to an emergency occasioned by that owner’s facilities. Section 22. Right-of-way Vacation. If the City vacated a right-of-way that contains facilities, the facility owner’s rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. Section 23. Indemnification and Liability. By applying for and accepting a permit under this ordinance, a permittee agrees to defend and indemnify the City in accordance with the provisions of Minnesota Rule 7819.1250. Section 24. Abandoned Facilities. 1. Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant’s obligations for its facilities in the right-of-way under this ordinance have been lawfully assumed by another registrant. 2. Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right- of-way if required in conjunction with other right -of-way repair, excavation, or construction, unless this requirement is waived by the city. Right-of-Way Ordinance No. 113 15 Section 25. Appeal. A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had permit revoked; (4) believes that the fees imposed are invalid; or (5) disputes a determination of the City regarding Section 9 Subdivision 2 of this Ordinance, may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition will be writing and supported by written findings establishing the reasonableness of the decision. Section 26. Reservation of Regulatory and Police Powers. A permittee’s rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public. Section 27. Severability. If any portion of this ordinance is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this ordinance precludes the city from requiring a franchise agreement with the applicant, as allowed by law in addition to the requirements set forth herein. Section 28. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. Dated: , 2025 Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk Right-of-Way Ordinance No. 113 16 City of Gem Lake, Ramsey County, Minnesota Right of Way (ROW) Ordinance No. 113 This ordinance to administer and regulate the public right-of-way in the public interest and to provide for the issuance and regulation of right-of-way permits, was originally enacted by the City on January 19, 2010, and published on January 37, 2010. The City Council has made amendments to the Ordinance in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinances and the said amendments. Ordinance Description Enactment 113 Ordinance adopted January 2010 113 Amendment adding and revising definitions, adding requirements regarding small wireless facilities, moving fees to the Fee Schedule, and updating processes and procedures. Month 202X Updated January 1, 2025 9 Administration Fee Comments Administrative Charge $50.00 Copying Documents 1 to 100 Pages $0.25/page MN Statutes, Section 13.03 1 to 100 Pages – Double Sided $0.50/page MN Statutes, Section 13.03 Over 100 Pages Actual Cost of Data Collection & Copies MN Statutes, Section 13.03 Document Research $100.00/hr Minimum 15 minutes Mailing (Postage) and Packaging of Documents and Plans $40.00 Property Assessment and Searches Property Assessment Searches $50.00 Per Address/PIN If needed within 24 Hours $100.00 Per Address/PIN Return Check Charges $30.00 Use of City Professional Services Outside Consultants (Planner, Engineer, Attorney, etc.) Actual Cost to the City Zoning Administrator Actual Cost to the City Minimum 1 hour Miscellaneous Fees Fee Comments Burning Permit Refer to the City of White Bear Lake page for permit and fees Comprehensive Plan, Local Water Management Plan, Water Distribution or Sewer Plan $200.00 Per Document plus Postage City Codes or Ordinances As indicated on the front page of said document Land Mining (400 yards or more) $2,500.00, plus $3,000.00 escrow for review Tree & Vegetation Permits When a building permit has not been issued Per Development/Subdivision $1,500.00 Escrow for Review $3,000.00 Per Building Site $250.00 Escrow for Review $750.00 Right-Of-Way Fees Fee Comments Excavation Permit Hole excavation: $125.00 Emergency Hole: $55.00 Trench: $125.00 + $70 per 100 lineal feet of trench Obstruction Permit $50.00, plus $.05 per lineal foot of obstruction Small Wireless Facility Permit $150.00 Small Wireless Facility - Colocation Agreement $150 per year for rent to collocate on a city structure, plus $25 per year for maintenance associated with the collocation. Monthly fee for electrical service as follows: • $73 per radio node less than or equal to 100 maximum watts. • $182 per radio node over 100 maximum watts. or • The actual costs of electricity, if the actual cost exceed the foregoing. Permit Extensions $55.00 Delay Penalty Fee $60.00 for the first three (3) days of delay, and $10.00 per day thereafter White Bear Township Fees for Services to the City of Gem Lake Flat rate of $95.00 per hour for all services (Accounting Clerk/Receptionist, Building Inspector, Clerk Treasurer, Finance Analyst and Officer, Para Legal Secretary, Planner, Secretary Receptionist, Public Works Director and all public works staff)