HomeMy WebLinkAbout1120 Ord (Chapter 24 regarding streets, alleys and public property) ORDINANCE NO. 1120
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 24 REGARDING STREETS, ALLEYS AND
PUBLIC PROPERTY OF THE STILLWATER CITY CODE
The City Council of Stillwater does ordain:
SECTION 1. Stillwater City Code Chapter 24 relating to Streets, Alleys and Public
Property is hereby amended as follows:
Chapter 24 - STREETS, ALLEYS AND PUBLIC PROPERTY
ARTICLE I. - IN GENERAL
Sec. 24-1. - Streets.
Subd. 1. Permit required. No person, except an authorized city employee or contractor
performing work under a contract with the city, shall make any excavation,
obstruction, alteration, or installation in a street, alley, sidewalk or public ground
without first having secured a permit therefor from the public works director.
Subd. 2. Application and regulations. The public works director shall prepare the necessary
application forms and permits required under subdivision 1 of this section. The
public works director shall also prepare regulations necessary to protect the public
from injury, prevent damage to public or private property and minimize
interference with the public use of streets, alleys, sidewalks and public grounds.
Any person making such an excavation shall comply with such regulations.
Subd. 3. Bond. Any permittee,except a public utility corporation or a bonded plumber, shall
file with the clerk a corporate surety bond, cash deposit or certified check in the
amount of$5,000.00, conditioned that the permittee will:
(1) Perform work in connection with the excavation in accordance with the
applicable ordinances and regulations;
(2) Indemnify the city and hold it harmless from all damages caused in the
execution of the work; and
(3) Pay all costs and damages suffered by the city by reason of the failure of the
permittee to observe the terms of applicable ordinances and regulations or
because of negligence in the execution of the work.
The bond shall be approved as to form and legality by the city attorney.
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Subd. 4. Public liability insurance. Any permittee, except a public utility corporation, shall
furnish proof that the permittee has in existence an insurance policy protecting the
permittee from liability to the public, including the city,to an amount equal to the
maximum claim the city might be required to pay under Minn. Stat. ch. 466.
Subd. 5. Permit denial. Failure to comply with the conditions of this section shall be grounds
for denial of future permits.
Subd. 6. General regulations for excavations. Street openings shall be made in a manner
that will cause the least inconvenience to the public. Provision shall be made for
the passage of water along the gutters and at least one-half of the traveled portion
of the street shall be left open and in good condition for the safe passage of vehicles.
Open excavations shall be guarded with substantial barriers and marked with red
flags and at night with red lights or flashing devices. Pipes or mains exposed to
freezing temperatures shall be protected to prevent freezing. Any person
responsible for exposing a city main or pipe so that it might be damaged by freezing
shall be liable to the city for any and all damages caused by a freezing and all
damages sustained by others by freezing for which the city might be liable.
Subd. 7. Refilling excavations. Every street excavation shall be refilled as soon as possible
after the work is completed and paving, sidewalks and appurtenances shall be
replaced in at least as good condition as before the excavation to the satisfaction of
the city public works director. All dirt and debris shall be removed immediately.
Any person who fails to comply with these requirements within 24 hours after
notice from the city shall be liable to the city for the full cost incurred by the city
in remedying the defect and restoring the street, sidewalk, alley or public ground to
its proper condition. The cost shall be an obligation of the surety on the bond of the
permittee.
Subd. 8. Map of subsurface installations. The public works director shall maintain a map
showing the location of all utility and other installations made beneath the surface
of any public street, grounds or right-of-way. The information on the map shall be
sufficiently complete and accurate to permit anyone making an excavation in a
public place having any underground installation to avoid damage to any existing
underground installation and to properly locate them. Any new underground
facilities shall be recorded on the map as soon as practicable upon the issuance of
an excavation permit or the completion of a contract for the installation of city
underground installations.
Sec. 24-2. -Numbering for dwelling homes and buildings.
Subd. 1. Uniform numbering system. There is hereby created and established a uniform
system of numbering properties and principal buildings in the city, referred to in
this section as the "uniform numbering system."
Subd. 2. Assigning of numbers. All properties or principal buildings within the city shall be
allotted numbers in accordance with the following numbering system:
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(1) The city shall be numbered with 100 numbers per block.
(2) Odd numbers shall be assigned on the east and south sides of the streets and
even numbers shall be assigned on the west and north sides of the streets.
Subd. 3. Type and placement of numbers. Each principal building shall bear the number
assigned to the frontage on which the front entrance is located. In case a principal
building is occupied by more than one business or family dwelling unit, each front
entrance of such principal building shall bear a separate number. Numerals
indicating the official numbers for each principal building shall be reflectorized, a
minimum of three inches in height, shall be posted at least five feet from the
threshold on a building surface and placed in such a manner as to be visible from
the street on which the property is located. If there is a main entrance visible from
the street, the numbers shall be placed within two feet of that entrance.
Subd. 4. Administration. At the time of submitting a preliminary plat or plan or application
for building permits, the applicant shall submit a building numbering plan for
review by the planning commission of the city. The city building official shall keep
an up-to-date record of all numbers assigned under this section. The city building
official shall assign, to any property owner in the city upon request, a number for
each principal building or separate front entrance to such building. In doing so, he
shall assign only those numbers assigned under the provisions of this section;
provided, however,that he may assign additional numbers in accordance with
the uniform system adopted in this section whenever the property has been
subdivided, a new front entrance opened or undue hardship has been worked on
any property owner.
Subd. 5. Penalties for violation of section. Violations of this section shall be a petty
misdemeanor.
Sec. 24-3. - Planting and care of trees in public places.
Subd. 1. No person shall plant any trees within the limits of any street, public ground or
highway of the city without first obtaining a permit from the city.
Subd. 2. Anyone wishing to plant such trees shall apply to the city for a permit, stating the
variety and precise location proposed for each tree. After the receipt of an
application the city shall investigate the place where the tree is to be planted and
shall grant a permit only if the location will permit the normal growth and
development of the tree. The permit shall specify the location, variety and grade of
each tree and method of planting, including among other things, the supply of
suitable soil. No charge shall be made for the permit, and no trees shall be planted
except in accordance with its terms. The specifications of the permit shall secure
the suitable location,planting and growing of each tree.
Secs. 24-4-24-24. - Reserved.
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ARTICLE II. - RIGHT-OF-WAY MANAGEMENT
Sec. 24-25. - Findings, purpose, and intent.
The rights-of-way (ROW) serve to protect the public health, safety and welfare. The ROWs
provide access to public and properties for motorized and non-motorized vehicles and pedestrians
and provide space to facilitate the delivery of vital public and private utility services. In addition,
the ROWs in the city provide a critical part of the public realm that helps create the essential
character of the community. This is especially true in relationship to local, state, or nationally-
designated, or eligible heritage preservation sites, landmarks and districts. It is the intent of this
article to facilitate appropriate use of the ROWs for the purposes above while also protecting the
public welfare by preventing permanent obstruction, safety hazards, and other use of the ROW
that would diminish the historic character of the community.
This article shall be interpreted consistently with 1997 Session Laws, Chapter 123,
substantially codified in Minn. Stat. §§ 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 article shall also be interpreted consistent with Minnesota Rules 7819.0050-7819.9950
where possible. To the extent any provision of this article cannot be interpreted consistently with
the Minnesota Rules,that interpretation most consistent with the Act and other applicable statutory
and case law is intended. This article 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.
Sec. 24-26. - Election to manage the public rights-of-way.
Pursuant to the authority granted to the city under state and federal statutory, administrative
and common law, the city hereby elects pursuant Minn. Stat. § 237.163, subd. 2(b), to manage
rights-of-way within its jurisdiction.
Sec. 24-27. - Definitions.
The following definitions apply in this article of this code. References hereafter to "sections"
are unless otherwise specified. Defined terms remain defined terms whether or not capitalized.
Abandoned facility means a facility no longer in service or physically disconnected from a
portion of the operating facility, or from any other facility that is in use or still carries service. A
facility is not abandoned unless declared so by the right-of-way user.
Applicant means any person requesting permission to excavate, obstruct, alter or make
installation in a right-of-way.
City means the city of Stillwater,Minnesota.For purposes of sec. 24-50,city means its elected
officials, officers, employees and agents.
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Collocate or Collocation means to install, mount, maintain, modify, operate, or replace a
small wireless or micro wireless facility on, under, within, or adjacent to an existing wireless
support structure that is owned privately or by the city.
Commission means the State Public Utilities Commission.
Congested right-of-way means a crowded condition in the subsurface of the public right-of-
way that occurs when the maximum lateral spacing between existing underground facilities does
not allow for construction of new underground facilities without using hand digging to expose the
existing lateral facilities in conformance with Minn. Stat. § 216D.04, subd. 3, over a continuous
length in excess of 500 feet.
Construction performance bond means any of the following forms of security provided at
permittee's option:
(1) Individual project bond;
(2) Cash deposit;
(3) Security of a form listed or approved under Minn. Stat. § 15.73, subd. 3;
(4) Letter of credit, in a form acceptable to the city;
(5) Self-insurance, in a form acceptable to the city;
(6) 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.
Degradation means a decrease in the useful life of the right-of-way caused by excavation in
or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier
than would be required if the excavation or disturbance did not occur.
Degradation cost subject to Minnesota Rules 7819.1100 means the cost to achieve a level of
restoration as determined by the city at the time the permit is issued, not to exceed the maximum
restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950.
Degradation fee means 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.
Delay penalty is the penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration as established by permit.
Department means the department of public works of the city.
Department inspector means any person authorized by the city to carry out inspections related
to the provisions of this article.
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Director means the director of the department of public works of the city, or her or his
designee.
Emergency means 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.
Equipment means any tangible asset used to install, repair, or maintain facilities in any right-
of-way.
Excavate means to dig into or in any way remove or physically disturb or penetrate any part
of a right-of-way.
Excavation permit means the permit which, pursuant to this section, 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.
Excavation permit fee means money paid to the city by an applicant to cover the costs as
provided in sec. 24-3 5.
Facility or Facilities means any tangible asset in the right-of-way required to provide utility
service.
High density corridor means a designated portion of the public right-of-way within which
telecommunications right-of-way users having multiple and competing facilities may be required
to build and install facilities in a common conduit system or other common structure.
Historic District means any federal, state or locally designated areas with structures, sites or
open spaces of historical, architectural or archeological significance to the city, the state or the
nation.
Hole means an excavation in the pavement, with the excavation having a length less than the
width of the pavement.
Management costs means 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; preparatory
construction work; inspecting job sites and restoration projects; engineering, surveying,
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,the fees and cost of litigation relating to the interpretation of Minnesota Session Laws
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1997, Chapter 123; 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 sec. 24-50 of this article.
Microwireless facility is a small wireless facility that is no larger than 24 inches long, 15
inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
Obstruct means 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.
Obstruction permit means the permit which, pursuant to this section, 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.
Obstruction permit fee means money paid to the city by a permittee to cover the costs as
provided in sec. 24-35.
Patch or Patching means a method of pavement replacement that is temporary in nature. A
patch consists of(1) the compaction of the subbase and aggregate base, and (2) the replacement,
in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in
all directions. A patch is considered full restoration only when the pavement is included in the
city's five-year project plan.
Pavement means 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.
Permittee means any person to whom a permit to excavate, obstruct, alter, or install upon a
right-of-way has been granted by the city under this article.
Person means 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.
Probation means the status of a person that has not complied with the conditions of this article.
Probationary period means one year from the date that a person has been notified in writing
that they have been put on probation.
Public right-of-way or right-of-way means the area on, below, or above a public roadway,
highway, street, cartway, bicycle lane and public sidewalk in which the city has an interest,
including other dedicated rights-of-way for travel purposes and utility 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.
Registrant means 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.
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Restore or Restoration means the process by which an excavated right-of-way and
surrounding area, including pavement and foundation, is returned to the same condition and life
' expectancy that existed before excavation.
Restoration cost means 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.
Right-of-way permit or permit means either the excavation permit or the obstruction permit,
or both, depending on the context,required by this article.
Right-of-way user means (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,
agreement, or ordinance to use the public right-of-way.
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 and wireless internet services; (3) services of
a cable communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas or electric
energy or telecommunications services provided by the city; (5)services provided by a cooperative
electric association organized under Minn. Stat. Chapter 308A; and (6) water, sewer, steam,
cooling or heating services.
Small Wireless Facility means:
(1) a wireless facility that meets both of the following qualifications:
a. each antenna is located inside an enclosure of no more than six cubic feet in
volume or, in the case of an antennae that has expose elements, the antenna
and all its exposed elements could fit within an enclosure of no more than six
cubic feet; and
b. all other wireless equipment associated with the small wireless facility,
excluding electric meters, concealment elements, telecommunication
demarcation boxes, battery backup power systems, grounding equipment,
power transfer switches, cutoff switches, cable, conduit, vertical cable runs
for the connection of power and other services, and any equipment concealed
from public view within or behind an existing structure or concealment, is in
aggregate no more than 28 cubic feet in volume; or
(2) a microwireless facility.
Small Wireless Facility Permit means the permit which, pursuant to this article, must be
obtained before a person may install,place,maintain or operate a small wireless facility in a public
right-of-way to provide wireless service. A Wireless Facility Permit allows the holder to conduct
such activities in that part of the right-of-way described in such permit.
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A Small Wireless Facility Permit does not authorize:
(1) providing any service other than a wireless service;
(2) installation, placement, maintenance, or operation of a wireline backhaul
facility in the right-of-way; or
(3) installation of a small wireless facility outside of the right-of-way.
Supplementary application means 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.
Temporary surface means the compaction of subbase and aggregate base and replacement,
in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature
except when the replacement is of pavement included in the city's two-year plan, in which case it
is considered full restoration.
Trench means an excavation in the pavement, with the excavation having a length equal to or
greater than the width of the pavement.
Telecommunication right-of-way user means 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 transporting telecommunication or other voice or data information, or for providing
wireless services. For purposes of this article,a cable communication system defined and regulated
under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or
electric energy services whether provided by a public utility as defined in Minn. Stat. § 216B.02,
a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and
453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not
telecommunications right-of-way users for purposes of this article except to the extent these
entities are offering wireless service.
Two year project plan shows projects adopted by the city for construction within the next two
years.
Utility pole means a pole that is used in whole or in part to facility telecommunications or
electric service.
Wireless facility means equipment at a fixed location that enables the provision of wireless
services between user equipment and a wireless service network, including:
(1) Equipment associated with wireless service;
(2) A radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological
configuration;
(3) A small wireless facility;
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Wireless facility does not include:
(1) Wireless support structures;
(2) Wireless backhaul facilities; or
(3) Coaxial or fiber-optic cables (i) between utility poles or wireless support
structures; or (ii) that are not otherwise immediately adjacent to or directly
associated with a specific antenna.
Wireless service means 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 under USC, Title 47, Section
522, clause (6).
Wireless support structure means a new or existing structure in a public right-of-way designed
to support or capable of supporting small wireless facilities, as reasonably determined by the city.
Wireline backhaul facility means a facility used to transport communications data by wire
from a wireless facility to a communications network.
Sec. 24-28. - Administration.
The director is the principal city official responsible for the administration of the rights-of-
way, right-of-way permits, and the ordinances related thereto. The director may delegate any or
all of the duties hereunder.
Sec. 24-29. - Registration and right-of-way occupancy.
Subd. 1. Registration. Each person who occupies,uses, or seeks to occupy or use, the right-
of-way or place any equipment or facilities in or on the right-of-way, including persons with
installation and maintenance responsibilities by lease, sublease or assignment, must register with
the city. Registration will consist of providing application information and paying a registration
fee.
Subd. 2. Registration prior to work. No person may construct, install, repair, remove,
relocate, or perform any other work on,or use any facilities or any part thereof in any right-of-way
without first being registered with the city.
Subd. 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of
a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area
of the right-of-way between their property and the street curb. Persons planting or maintaining
boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall
not be required to obtain any permits or satisfy any other requirements for planting or maintaining
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such boulevard plantings or gardens under this article. However, nothing herein relieves a person
from complying with the provisions of the Minn. Stat. Chap. 216D, Gopher One Call Law.
Sec. 24-30. - Registration information.
Subd. 1. Information required. The information provided to the city at the time of
registration shall include, but not be limited to:
(1) Each registrant's name, Gopher One Call registration certificate number,
address and e-mail address if applicable, and telephone and facsimile
numbers.
(2) The name, address and e-mail address, if applicable, and telephone and
facsimile numbers of a local representative. The local representative or
designee shall be available at all times. Current information regarding how to
contact the local representative in an emergency shall be provided at the time
of registration.
(3) A certificate of insurance or self-insurance:
a. Verifying that an insurance policy has been issued to the registrant by an
insurance company licensed to do business in the State of Minnesota, or
a form of self insurance acceptable to the city;
b. Verifying that the registrant is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the
(i) use and occupancy of the right-of-way by the registrant, its officers,
agents, employees and permittees, and (ii) placement and use of
facilities and equipment in the right-of-way by the registrant, its
officers,agents,employees and permittees,including,but not limited to,
protection against liability arising from completed operations, damage
of underground facilities and collapse of property;
c. 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;
d. Requiring that the city be notified thirty (30) days in advance of
cancellation of the policy or material modification of a coverage term;
e. Indicating comprehensive liability coverage, automobile liability
coverage, workers compensation and umbrella coverage established by
the city in amounts sufficient to protect the city and the public and to
carry out the purposes and policies of this article.
(4) The city may require a copy of the actual insurance policies.
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(5) If the person is a corporation, a copy of the certificate required to be filed
under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State.
(6) 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.
Sec. 24-31. - Reporting obligations.
Subd. 1. Operations. Each registrant shall, at the time of registration and by December 1 of
each year, file a construction and major maintenance plan for underground facilities with the city.
Such plan shall be submitted using a format designated by the city and shall contain the information
determined by the city to be necessary to facilitate the coordination and reduction in the frequency
of excavations and obstructions of rights-of-way.
The plan shall include, but not be limited to, the following information:
(1) The locations and the estimated beginning and ending dates of all projects to
be commenced during the next calendar year (in this article, a"next-year
project"); and
(2) To the extent known, the tentative locations and estimated beginning and
ending dates for all projects contemplated for the five years following the next
calendar year(in this article, a"five-year project").
The term "project" in this article shall include both next-year projects and
five-year projects.
By January 1 of each year the city will have available for inspection in the city's office a
composite list of all projects of which the city has been informed of the annual plans.All registrants
are responsible for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each registrant may change any project in its list of next-year
projects, and must notify the city and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time join in a next-year project of
another registrant listed by the other registrant.
Subd. 2. Additional next year projects. Notwithstanding the foregoing,the city will not deny
an application for a right-of-way permit for failure to include a project in a plan submitted to the
city if the registrant has used commercially reasonable efforts to anticipate and plan for the project.
Sec. 24-32. - Permit requirement.
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Subd. 1. Permit required. Except as otherwise provided in this code,no person may obstruct,
excavate, permanently install or place facilities in any right-of-way without first having obtained
the appropriate right-of-way permit or small cell wireless facility permit from the city to do so.
(1) Excavation permit. An excavation permit is required by a registrant 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 obstruction permit is required by a registrant 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 wireless facility permit is required to erect
or install a wireless support structure,to collocate a small wireless facility, or
to otherwise install a small wireless facility in 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 revoked. Small wireless facilities
are prohibited outside of the rights-of-way.
Subd. 2. Permit extensions. No person may excavate obstruct the right-of-way beyond the
date or dates specified in the permit unless (i) such person makes a supplementary application for
another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or
permit extension is granted.
Subd. 3. Delay penalty. In accordance with Minnesota Rule 7819.1000, subp. 3 and
notwithstanding subdivision 2 of this section, the city shall establish and impose a delay penalty
for unreasonable delays in right-of-way excavation,obstruction,patching,or restoration. The delay
penalty shall be established from time to time by city council resolution.
Subd. 4. Permit display. Permits issued under this article shall be conspicuously displayed
or otherwise available at all times at the indicated work site and shall be available for inspection
by the city.
Sec. 24-33. - Permit applications.
Application for a permit is made to the city. Right-of-way permit applications shall contain,
and will be considered complete only upon compliance with the requirements of the following
provisions:
(1) Registration with the city pursuant to this article;
(2) Submission of a completed permit application form, including all required
attachments, and scaled drawings showing the location and area of the
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proposed project and the location of all known existing and proposed
facilities.
(3) Payment of money due the city for:
a. Permit fees, estimated restoration costs and other management costs,
including all escrow fees;
b. Prior obstructions or excavations;
c. 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;
d. Franchise or agreement fees or other charges, if applicable.
(4) Payment of disputed amounts due the city by posting security or depositing
in an escrow account an amount equal to at least 110% of the amount owing.
(5) 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.
Sec. 24-34. - Issuance of permit.
Subd. 1. Permit issuance. If the applicant has satisfied all the requirements of this article, the
city shall issue a permit.
Subd. 2. Action on Small Wireless Facility Permit Applications
(1) Deadline for action. The city shall approve or deny a small wireless facility
permit application within sixty (60) days after filing of an application
involving an existing structure and within ninety (90) days after filing of an
application involving a new wireless support structure. For applications with
both new and existing support structures, the longer deadline shall apply.
(2) Consolidated applications. An applicant may file a consolidated small
wireless facility permit application addressing the proposed collocation of up
to fifteen(15) small wireless facilities, or a greater number if agreed to by the
city,provided that all small wireless facilities in the application:
a. Are located within a two-mile radius;
b. Consist of substantially similar equipment; and
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c. Are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the city may approve some
small wireless facilities and deny others but may not use denial of one or more permits as a basis
to deny all small wireless facilities in the application.
(3) Tolling of Deadline. The deadline for action on a small cell wireless facility
permit application may be tolled if:
a. The applicant fails to submit all required documents or information and
the city provides written notice of incompleteness, with specificity as to
the missing information, to the applicant within ten (10) days of receipt
of the application.
b. The city and small wireless facility applicant agree in writing to toll the
review period.
Sec. 24-35. —Permit Conditions.
Subd. 1. 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. Rules, Ch. 7560.
Subd. 2. The city 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.
Subd. 3. Small Wireless Support Structure and Small Wireless Facility Conditions. The city
desires high quality wireless services to accommodate the needs of residents and businesses. At
the same time, the city strives to minimize the negative impacts that small wireless facilities can
create. These negative impacts include, but are not limited to, interference with right-of-way user
sight lines, impacts to right-of-way user circulation, incompatible aesthetics with the surrounding
area, fall zone risk, clear zone risk, creating navigation obstacles, interference with future travel
way expansion plans, interference with the delivery of other utility services, interference with
stormwater management facilities and increased noise pollution. In addition to any conditions
imposed by the city pursuant to subdivision 2 above,the erection or installation of a small wireless
facility or small wireless support structure shall be subject to the following:
(1) Location. In order to protect the public health, safety and welfare, preference
for location of small wireless facilities and support structures shall be
accommodated in the following order:
a. In the right-of-way on or adjacent to a Principal Arterial, Other Arterial,
Major Collector, or Minor Collector roads, as classified by the
Metropolitan Council Functional Classification System.
b. Collocated on existing wireless support structures within the right-of-way.
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c. Located on a new wireless support structure within the right-of-way that
replaces an existing wireless support structure of the same height.
d. Located on a new wireless support structure within the right-of-way that
replaces an existing wireless support structure whose height is less than
or equal to 50 feet.
e. Located on a new wireless support structure within the right-of-way
whose height is similar to nearby structures.
f. Located on a new wireless support structure within the right-of-way
whose height is less than 50 feet.
(2) Other Requirements.
a. To avoid excessive clutter visible from public areas, a new wireless
support structure shall be separated from other wireless support structures
by a minimum of six hundred(600) feet.
b. No new wireless support structure shall exceed 50 feet in height,provided
that the city may reduce the height to protect the public health, safety and
welfare or to protect the right-of-way and its current use.
c. When an applicant proposes to replace an existing wireless support
structure with a structure of the same height and the existing wireless
support structure exceeds 50 feet in height,the city may impose conditions
or requirements to protect the public health, safety or welfare or to protect
the right-of-way and its current use.
d. When an applicant proposes collocation on an existing wireless support
structure, the small wireless facility shall not block light emanating from
the structure or otherwise interfere with the intended purpose of the
structure.
e. All wireless support structures shall be reasonably protected against
unauthorized climbing. The base of the tower to 12 feet above ground
level shall be designed in a manner to discourage unauthorized climbing.
f. There shall be no advertising or identification of any kind on the wireless
support structures, except for warning signs or signs related to equipment
information that is required by the manufacturer, or by federal, state or
local regulations. Use of the smallest and lowest visibility radio frequency
warning sticker and/or node identification sticker allowed by government
or by utility regulations shall be the same color as the pole.
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g. Small wireless facilities shall not be illuminated by artificial means,
except when mounted on an existing light pole, or when required by
federal, state or local regulations, or when the lighting is part of a
camouflage design of the support structure.
h. No wireless facility may extend more than 10 feet above its wireless
support structure or more than two and a half feet outward from the
wireless support structure.
i. The diameter of a new wireless support structure that replaces an existing
wireless support structure shall not exceed the diameter of an existing
wireless support structure by more than fifty percent (50%).
j. Any ground equipment related to small wireless facilities must be placed
underground and at a location approved by the City Engineer.
k. Non-reflective, matte and anti-graffiti painting shall be required on all
small wireless facilities.
1. Small wireless facilities and wireless support structures must comply with
all federal, state and local regulations.
(3) Historic Districts. In addition to the conditions imposed above,in recognition
of the special character of the community and the impact that the right-of-way
has on the character of historic districts, no new wireless support structure
shall be located in the rights-of-way within any historic district or collocated
on an existing wireless support structure in any historic district unless it
complies with the following design standards:
a. All small wireless facilities shall be designed to be visually unobtrusive.
b. All small wireless facilities must utilize building materials, colors,
textures, screening and landscaping that effectively blend the facilities
within the surrounding natural setting and built environment to the
greatest extent possible. The small wireless facility shall have limited
exposed cabling and mounting hardware.
c. The applicant shall comply with any reasonable conditions imposed by
the city to accommodate the particular design, appearance or intended
purpose of the small wireless facilities to avoid the intangible public
harm of unsightly or out-of-character deployments.
d. Placement of any required warning signs or signs related to equipment
information shall be directed away from adjacent residential structures
and out of direct sight lines whenever possible.
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(4) Small Wireless Facility Collocation Agreement. If a small wireless facility is
to be collocated on a small wireless support structure owned or controlled by
the city, or any other city-owned asset or infrastructure in the right-of-way, it
may only do so after the applicant has executed a standard small wireless
facility collocation agreement with the city. When an applicant proposes to
replace a city-owned wireless support structure, the city may impose
reasonable restocking, replacement, or relocation requirements on the
replacement of such structure. The standard collocation agreement may
require the following payments for each city-owned structure:
a. Up to $150 per year for rent;
b. $25 per year for maintenance;
c. A monthly fee for electrical service as follows:
1. $73 per radio node less than or equal to 100 maximum watts;
2. $182 per radio node over 100 maximum watts; or
3. The actual costs of electricity, if the actual cost exceed the
foregoing.
Such costs and payments shall be automatically adjusted pursuant to the amounts set forth in
Minn. Stat. §237.163 subd. 6(g),or as may be amended from time to time. The standard collocation
agreement shall be in addition to, and not in lieu of, the required small wireless facility permit.
Sec. 24-36. -Exceptions to Permit Requirement.
No wireless facility permit is required to solely conduct:
(1) Installation of small wireless facilities for the exclusive use of a public utility
corporation who has entered into franchise agreement with the City provided
all wireless support equipment is installed by said corporation utility for its
sole use and benefit, complies with the conditions and design standards in
section 24-35 and is not for the use of an independent third party
telecommunications provider; and its representatives utilizing minimal
equipment design components, as identified by adopted design guidelines for
public utility companies;
(2) Routine maintenance of a small wireless facility;
(3) Replacement of a small wireless facility with a new facility that is
substantially similar or smaller in size, weight, height, wind or structural
loading, and conforms to and with all established design standards and
original approvals,than the small wireless facility that is being replaced.
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Sec. 24-37. - Permit fees.
Subd. 1. The city shall establish permit fees in an amount sufficient to recover the following
costs:
(1) Excavation permit fee.
a. The city management costs;
b. Degradation costs, if applicable.
(2) Obstruction permit fee.
a. The city management costs;
(3) Small wireless facility permit fee.
a. Management costs; and
b. City engineering, make ready, and construction costs associated with the
collocation of small wireless facilities.
Subd. 2. Payment of permit fees. No excavation permit or obstruction permit shall be issued
without payment of excavation or obstruction permit fees. The city may allow applicant to pay
such fees within thirty (30) days of billing.
Subd. 3. Non refundable. Permit fees that were paid for a permit that the city has revoked
for a breach as stated in sec. 24-43, are not refundable.
Subd. 4. Application to franchises and agreement. Unless otherwise agreed to in a franchise
or agreement, management costs may be charged separately from and in addition to the franchise
or agreement fees imposed on a right-of-way user in the franchise or agreement.
Sec. 24-38. - Right-of-way patching and restoration.
Subd. 1. Timing. The work to be done under the 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 unseasonal or unreasonable under sec.
24-37.
Subd. 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
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shall pay to the city,within thirty(30)days of billing,all costs associated with
correcting 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 Rule
7819.3 000.
(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.
Subd. 3. Standards. The permittee shall perform excavation, backfilling, patching and
restoration according to the standards and with the materials specified by the city and shall comply
with Minnesota Rule 7819.1100.
Subd. 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, shall
correct all restoration work to the extent necessary, using the method required by the city. Said
work shall be completed within five(5)calendar days of the receipt of the notice from the city,not
including days during which work cannot be done because of circumstances constituting force
majeure or days when work is prohibited as unseasonal or unreasonable under sec. 24-37.
Subd. 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,or fails to satisfactorily and timely complete all restoration
required by the city, 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.
Sec. 24-39. - Other obligations.
Subd. 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 Minn. Stat. 216D.01-.09 (Gopher One
Call Excavation Notice System). 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,
Subd. 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.
Subd. 3. Interference with right-of-way. 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
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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.
Sec. 24-40. —Denial of permit.
The city may deny a permit for failure to meet the requirements and conditions of this article
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 and future uses. The city may deny
a permit if the utility has failed to comply with previous permit conditions. The city may withhold
issuance of a permit until the applicant is in compliance with the conditions of a previous permit.
The denial of a right-of-way permit and small wireless facility 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 (3)business days of the decision to deny a permit. If an application is denied,
the right-of-way user may cure the deficiencies identified by the city and resubmit its application.
If the application is resubmitted within thirty (30) days of receipt of the notice of denial, no
additional application fee shall be imposed. The city must approve or deny the resubmitted
application within thirty (30) days after submission.
Sec. 24-41. - Installation requirements.
The 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 7819.5000 and
other applicable local requirements, in so far as they are not inconsistent with the Minn. Stat. Secs.
237.162 and 237.163.
Sec. 24-42. - Inspection.
Subd. 1. Notice of completion. When the work under any permit hereunder is completed,the
permittee shall furnish a completion certificate in accordance Minnesota Rule 7819.1300.
Subd. 2. Site inspection. Permittee shall make the work-site available to the city and to all
others as authorized by law for inspection at all reasonable times during the execution of and upon
completion of the work.
Subd. 3. Authority of director.
(1) At the time of inspection the director may order the immediate cessation of
any work which poses a serious threat to the life, health, safety or well being
of the public.
(2) The director may issue an order to the permittee for any work which 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 director that the violation has been
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corrected. If such proof has not been presented within the required time, the
director may revoke the permit pursuant to sec. 1.22.
Sec. 24-43. - Work done without a permit.
Subd. 1. Emergency situations. Each registrant shall immediately notify the director of any
event regarding its facilities, which it considers to be an emergency. The registrant 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 registrant shall apply for the necessary permits, pay the
fees associated therewith and fulfill the rest of the requirements necessary to bring itself into
compliance with this section for the actions it took in response to the emergency.
Subd. 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 the city 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 article.
Sec. 24-44. - 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 of the accurate information as soon as this
information is known.
Sec. 24-45. - Revocation of permits.
Subd. 1. Substantial breach. The city reserves its right, as provided herein, to revoke any
right-of-way permit without a fee 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 evasion or attempt to evade any material provision of the right-of-way
permit, or the perpetration or attempt to perpetrate any fraud or deceit upon
the city or its citizens;
(3) Any material misrepresentation of fact in the application for a right-of-way
permit;
(4) The failure to 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 sec. 1.19.
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Subd. 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 the city shall make a written demand upon the permittee to remedy such violation.
The demand shall state that continued violations may be cause for revocation of the permit. A
substantial breach, as stated above, will allow the city, at his or her discretion, to place additional
or revised conditions on the permit to mitigate and remedy the breach.
Subd. 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, that
will cure the breach. Permittee's failure to so contact the city, or permittee's failure to timely
submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall
be cause for immediate revocation of the permit. Further,permittee's failure to so contact the city,
or permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement
the approved plan, shall automatically place the permittee on probation for one (1) full year.
Subd. 4. Cause for probation. From time to time, the city may establish a list of conditions
of the permit, which if breached will automatically place the permittee on probation for one full
year, such as, but not limited to, working out of the allotted time period or working on right-of-
way grossly outside of the permit authorization.
Subd. 5. Automatic revocation. If a permittee, while on probation, commits a breach as
outlined above,permittee's permit will automatically be revoked and permittee will not be allowed
further permits for one full year, except for emergency repairs. Any revocation of a right-of-way
or small wireless facility permit must be made in writing and must document the basis for the
revocation. The city must notify the right-of-way user in writing within three (3) business days of
the decision to revoke the permit.
Subd. 6. 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.
Sec. 24-46. - Mapping data.
Subd. 1. Information required. Each registrant and permittee shall provide mapping
information required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100.
Sec. 24-47. -Location and relocation of facilities.
Subd. 1. Placement, location, and relocation of facilities must comply with the Act, with
other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the
extent the rules do not limit authority otherwise available to cities.
Subd. 2. Corridors. The city may assign specific area 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
replacement of facilities shall designate the proper corridor for the facilities at issue.
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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. Small wireless facilities in the right-of-way
shall be removed and relocated at the city's request and at no cost to the city when the city
determines that removal and relocation is necessary to prevent interference with present or future
use of the right-of-way;the public health safety, or welfare; or the safety and convenience of travel
over the right-of-way.
Subd. 3. Nuisance. One year after the passage of this section, 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.
Sec. 24-48. - Damage to other facilities.
When the city does work in the right-of-way and finds it necessary to maintain, support, or
move a registrant's facilities to protect it, the city shall notify the local representative as early as
is reasonably possible. The costs associated therewith will be billed to that registrant and must be
paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the
cost of repairing any facilities in the right-of-way which it or its facilities damages. Each registrant
shall be responsible for the cost of repairing any damage to the facilities of another registrant
caused during the city's response to an emergency occasioned by that registrant's facilities.
Sec. 24-49. - Right-of-way vacation.
Reservation of right. If the city vacates a right-of-way which contains the facilities of a
registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules
7819.3200.
Sec. 24-50. - Indemnification and liability.
By registering with the city, or by accepting a permit under this article, a registrant or
permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota
Rule 7819.1250.
Sec. 24-51. -Abandoned and unusable facilities.
Subd. 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 article have been lawfully
assumed by another registrant.
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Subd. 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.
Sec. 24-52. - Appeal.
A right-of-way user that: (1)has been denied registration; (2)has been denied a permit; (3)has
had permit revoked; or (4) believes that the fees imposed are invalid, may have the denial,
revocation, or fee imposition reviewed, upon written request, by the city council. The city council
shall act on a timely written request at its next regularly scheduled meeting. A decision by the city
council affirming the denial, revocation, or fee imposition will be in writing and supported by
written findings establishing the reasonableness of the decision.
Sec. 24-53. - Severability.
If any portion of this article 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 article
precludes the city from requiring a franchise agreement, or other type of agreement, with the
applicant, as allowed by law, in addition to requirements set forth herein.
Secs. 24-54-24-80. - Reserved.
ARTICLE III. - STREET LIGHTING; LOCATION AND COSTS
Sec. 24-81. - Street lighting regulations.
Subd. 1. Purpose. It is the council's intention to encourage the installation of street lighting
throughout the city to promote the general health, safety and welfare of the citizens of the city.
Subd. 2. Location.
(1) The council, upon a petition of at least 35 percent of the property owners in
an existing subdivision or developed area or upon its own initiative, shall
determine the streets,parks or other public and private areas on which the city
will install and operate a street lighting system.
(2) Before any service is furnished,the council shall schedule a hearing pursuant
to the provisions of M.S. Chapter 429, as amended, at which time the council
will consider the project.
(3) The city may pay a portion of the costs of installation of street lighting
systems as the council may by policy determine from general ad valorem tax
levies or from other revenues or funds of the city available for that purpose.
In the event the council elects not to pay all of the installation costs, the
remaining unpaid portion shall be assessed against the benefited property
owners as a public improvement following a public hearing and in full
accordance with the provisions of M.S. Chapter 429, as amended.
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Subd. 3. Operating costs; assessments.
(1) The city clerk shall keep a record of the costs of operation, maintenance and
replacement of the street lighting system including clerical, administrative
and incidental costs.
(2) Those costs shall be apportioned to each lot and parcel of property benefited
by the street lighting system, whether or not the property abuts the street or
other public or private area in which the system is located. Further, the cots
shall be apportioned to similar classes of property similarly.
(3) The city council, based on the information, shall by resolution, determine the
rate to be paid by each lot or parcel.
(4) The city clerk shall quarterly,prepare a bill based on the adopted rate for each
lot or parcel. The bill may be added to the sewer billing for each lot or parcel
benefitted by the street lighting system. The amount billed will, thereupon,
become immediately due and payable.
(5) In accordance with M.S. § 429.101, the city clerk is authorized to certify the
unpaid portion of any bill to the county auditor to be added to the tax rolls for
collection with the real estate taxes.
Subd. 3.5. [Penalty for late payment.]A penalty charge as established from time to time by
resolution of the city council, shall be added to the amount to be certified to the county auditor to
reimburse the city for administrative expenses resulting from the delinquency.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk,the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The ordinance amends the City's right-of-way ordinance to provide for small wireless
facilities only within the City's rights-of-way. Anyone wishing to erect or install a small
wireless facility will be required to apply for a permit.There are certain statutory provisions
regarding requirements and the timing of the City's approvals, however, the City can
require additional conditions to protect the public health, safety and welfare. The City can
impose special design standards on small wireless facilities located within historic districts.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this 8th day of January, 2019.
26
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
27
AFFIDAVIT OF PUBLICATION CITY OF STILLWATER
WASHINGTON COUNTY,MINNESOTA
STATE OF MINNESOTA ORDINANCE NO.1120
COUNTY OF WASHINGTON ss AN ORDINANCE AMENDING CHAPTER 24
REGARDING STREETS,ALLEYS AND PUBLIC
PROPERTY OF THE STILLWATER CITY CODE
Darlene MacPherson being duly sworn on an The City Council of Stillwater does ordain:
oath, states or affirms that he/she is the SECTION 2.SUMMARY PUBLICATION. Pursuant to Minnesota Stat-
Publisher's Designated Agent of the newspa-
per(s) Secti 412.191,in a ordance sary may
beutes published.on While a copythecase of theof entirelengthy ordinanc ine is available,aumm
without
per(s)known as: cost at the office of the City Clerk, the following summary is approved
by the City Council and shall be published in lieu of publishing the entire
Stillwater Gazette ordinance:
The ordinance amends the City's right-of-way ordinance to provide for
small wireless facilities only within the City's rights-of-way. Anyone wish-
with the known office of issue being located ing to erect or install a small wireless facility will be required to apply for a
in the county of: permit.There are certain statutory provisions regarding requirements and
WASHINGTON the timing of the City's approvals,however,the City can require additional
conditions to protect the public health,safety and welfare.The City can
with additional circulation in the counties of. impose special design standards on small wireless facilities located within
WASHINGTON historic districts.
and has full knowledge of the facts stated SECTION 3. EFFECTIVE DATE.This Ordinance shall be in full force and
below: effect from and after its passage and publication according to law.
(A)The newspaper has complied with all of CITY OF STILLWATER of January,2019.
the requirements constituting qualifica- /s/Ted Kozlowski
tion as a qualified newspaper as provided Mayor
by Minn.Stat.§331A.02. ATTEST:/s/Beth Wolf
(B)This Public Notice wasprinted andpub- City Clerk
Published in the
lished in said newspaper(s) once each Stillwater Gazette
week, for 1 successive week(s); the first January 11,2019
insertion being on 01/11/2019 and the last 896975
insertion being on 01/11/2019.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or(2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: D 1 \-9f-
Designated Agent
Subscribed and sworn to or affirmed before
me on 01/11/2019 by Darlene MacPherson.
Aiii)4Att_(-4a.1/4•4i�e
Notary Public
o ytSTgr {qqq��A �ENE M.MITCHELL
Notary public-Nltnnesota
' =;arcs 1zn S',?02C
Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$40.00 per column inch
Ad ID 896975
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF WASHINGTON
Darlene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s)known as:
Stillwater Gazette
with the known office of issue being located
in the county of:
WASHINGTON
with additional circulation in the counties of:
WASHINGTON
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn.Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 01/11/2019 and the last
insertion being on 01/11/2019.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or(2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: 1 l av(.
Designated Agent
Subscribed and sworn to or affirmed before
me on 01/11/2019 by Darlene MacPherson.
Notary Public
ENE 4
NotarY 6�i �nesc ta
1 rCrw/say CommisGicn npir s Janf�.�e�nr-
Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$40.00 per column inch
Ad ID 896990