HomeMy WebLinkAboutweekly notes September 2 2016 EMEMIMMMMMMM
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Memo TO. City Council Members FROo: c I . .dministrat
WEEKLY NOTES- September 2nd,20116
1. 'Te City has not received any new applications; The Ra Commi illi be reviewulung due re-submission of the Oak
Green Place Memory Cairn expansion on 9/15/19 at 7 pm.This m ung III be the second of the month of September for the
Planning Commission-and as there are no pending alppilgons for October the meeting slated for,10/13 is aimfficipated to be
cancelled.
2. Staff has provided various enforcement communications to certain properties related to parking on the lawn and pod
maintenance„
Fenner and(Eben properties have submitted for their annual AIR B&B licensure„'Tara may The other(popping up all the time,
but these are the two that the City had prior Iknona Wge of and were regular operators.
ST.Croix River r-maging
The City Aftorney has iresponded tD the recent(proposal received from MNIDCT Counsel relating to the seftment of costs being
$38U,000.Staff hopes to have more information about how this gets finalized on both sides.
Michael Beer from I NDCTN(or another on),w 1i Ibe present at the 9/27 City Coun ty meeting to(provide an update. if you may have
any prior guesffions they may want answers to at the meeting,please send'lffuem over and I would be glad to snare gneirn with IM NIDOT.
Project Updates from 8/25/16 and 9/24/16,
Other items
0 Washington County-Foreclosure Data as of 8/26
w Staff did prepare a policy for the operation of DRONES and other remote aircraft in City pans„this w4111 sfifl need to Ibe reviewed
by the Parks Commission„but it is a place to start thinking about the issue-as well as how would the City iunfform the public
abut these rules.
0 N did provide comments to the MET Council staff member regarding the recently released drat on the possible alltenmative use
of surface water to meet municipal demands„Those comments are attached..
0 Washington County SberdffFs Office is(bolding(programming on EI IEIR EINCY MANAGEMENT.-roes of elected off falls at
two locations.Please see the enclosed information.
Washington County did issue an RFP for firms to begin to develop plans,specifications for a improvements along Osgood Ave
between 6P street and 501h street i have attached the document for your review;no action its needed but it gives a beginning
understand'ing of what this project could include-including Trail ways along Osgood Ave;
0 Chief IDelRosier did assign his pmol officers to perbrm a speed study in the area of Paras Ave.and 920d street. -Hs summary
report its attached..
a BCWD Meeting-Public Hearing 9/14/19
0 'Te League of Minnesota Cities did issue two Informational Memos that are perfinent to recently engaged issues here in the
City;being special vehicles on the City's shmis as well as Cell phone antennas.Good general background on the topics and
how dfies must manage these issues„
0 Police A.cHAty. Report,_August 2016,_From Chief IDelRosier.
Charnber off Commerce-125th Year Celelbrafion 9122JI6- See enclosed invitation,
Mayor McComber proved
IMETIRO CIITlES NEWS for 8/2..6/16
The Mayor had noted to Staff that the School Diistrict at this time,dare to sore changes to staffing UeWsd does not have the capacity this
year to Mao and execute the discussed Hornecornbg Parade.They mope to have the full capacity to perform this for the 2017 year.
Please call ime at any dime ffyou have questions-.651-253-7837
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City of Oc* Park Heights
14168 Oak Park Blvd. N a Baru.2007 a Oak lark Heights,MN 55082 e Phone(65 t)43.9-4439 9 Fax.(6.51)439--0574
/29/l.6
Ms.:Kathleen MacDonald
581.0 Olinda Ave.
Parkl1eighti,MN 55082
RE.Parol condition at 14293 561h Street
Dear.Kathy,
The pool condition at your property o n 5611 street Is in a condition that is causing odor and mosquitos in the localized
area.The City requests that the pool be operated according t®industry standards and kept in a smrimmable condition.
Alternatively,we would ask that the pool be drained and properly closed so as to preclude the establishment of odor
d mosquitos that impacts tine area.We would ask that one of these be accomplished by 9/16/16.
We are happy to meet with you on the site to discuss or re-evaluate these requests if you would like.
Staff will perform a re-evaluation after that 9/16 date.
Kind regards,
Erie Johnson
City Adrnmistrator
Cc.Weekly Nantes
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City of Oak Park HeIghts
141.6$Oak pc Blvd, N 9 Box.2007 a OakIpaarrpc Heights,MD4.550 2 Pb.onne(651)439 4439 Fax(651)439-0574
8/29/16
GROUP 41
PO.Box.488
Stillwater,MN 55082
Pooh condition at 14293 561 Street
Deans Group 41:,
The City has been advised that your firm is now wholly responsible .to manage this property.
The pool condition at your :pa on 5661,street is in a condition that is causing odor and mosquitos in dne locahzed
area.The Cityrequests¢bat the pool be operated rdin'n to indiistry standards and kept in a swimmable condition.
Alternatively, o uld ash that the pool be drained and pnnaapnerly closed so as to preclude the establishment of odor
and mosquitos that impacts the are& We would ask that one of these be accomplished by 9/23/16.
Weare happy. meet with you on the site to discuss or re-evaluate phase requests if you would lance.
Staff-will perforin a re-evaluation atter that 9/23 date,.
Kind regards,
1 r
Eric Johnson
City Administrator
r '
Cc: eelkly Notes
Ms.Kathleen.MacDonald
5810 Olinda Ave.
Oak Park.Heighps,MN 55082
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, Lulr M M168 Oaks Bark Botflevrard No. ® P.D.Boaz 2007 Oak Park Heights,MN 55082 2007 Phone.651/439-4439 0~m 651/439-0574
August 30, 2016
Timothy & MichelleSt. Sauver
14295 57th. St. N.
Oak Park Heights, MN 55082
Re: Off Street Parkin
Dear Mr. & Mrs. St. uvr:
I am writingregarding the vehicle and items stored on the yard, at the side of your
garage. Please be advisedthat the vehicle parked upon the grass to the side your
garage os not comply with City Ordinances 401.15. .14 Exterior Storage and 01.15. .
Off-Street Parking and Loading, which regulate off street parking and exterior storage.
The applicable ordinance sections, along with information regarding parking pads are
enclosed for your reference.
To comply with city ordinance regulations, the vehicle shall be placed fully upon your
driveway, upon an approved parking pad or to the interior of your garage. No vehicles
shall be parkedupon the yard, unless upon a driveway or approved parking pad.
This letter serves as the City's request that your move the vehicle from the yard area
and park it upon your driveway or place it to the interior of your garage no later than
Friday, a9Pj9MbgL2,-2Qj6. A site visit will be made after that date.
Kindly contact me with any questions you may have regarding this request. Your
prompt attention is appreciated.
Sincerely,
PLANNING & CODE ENFORCEMENT
Jul Hultman
Building Official
Enclosures
Tree City 1....J.S.A.
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14168 f.Du�k Park BasWeva rd No,, P.O.Box 2007 Oak Rark 6i6ghts,MN 55082-.2007 Phone:65'67439.44 9 p=ains-651/439w054
August 30, 2016
Mr. Todd Peterson
14773 56th St. N.
Oak Park i s, MN 55082
Re: Off StreetParking
Dear Mr. Peterson:
I am writingyou regarding the Chevroletick- truck that continues to be parked
upon the yard arear, alongside your garage. Tis past Fall you werevis
vehicle r grass i r garage does not complyiCity
Ordinances 1.15. .14 Exterior Storage and 401.15.F. Off-StreetrkinLoading,
which regulate rparking n ri r storage.
The vehicle s parked is in violation of Cityr i s 401.15.B.14 1.15. . I am
again, rvi ing you with the applicabler i n ci ns and haveI included
information regarding par i for your reference.
You are requested remove vehicle r y r r l r Fri
SeDtember 99, 22001166, site visit shall be made to verifycompliance.
No vehicles shall be parkedupon the yard, unless upon a drivewayr approved
parking . If you wouldlike visit regarding this request r regarding installation
parking to the area, please
Sincerely,
PLANNING
Jul Hultman
BOOM
Building Official
Enclosures
Tree City, U.S.A.
Eric Johnson
M
From: IMary Mccomber<niaryrnccornber@aoLcom>
Sent: Thursday,August 25,2016 11:10 AM
Tw. Erik Johnson
Sullject. lFwd: Project U 1pdate:Overlook construction (begins at Piers 8 and 10
—Original Ile sage,,,,,,,,
F'rorn: St.Croix Grossing Project Team <stcv-o[ixci°ossiv-ig.dot,@public..govdelivery..coirn>
To: marymccomber<iYinaiY,yinY-iccombeir@aoll.,com>
Sent,, Thu,Aug 25,2016 10,32 arri
Su4ject- Project Update, Oveirlook construction begins at Piers 8 and 10
iavlri g lliiouble ifiewhig ths ernad?Mew fl� a Web
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Overlook construction
z C R 0 S S 1�1?Jil G begins at Piers 8 & 10
Hello again,
In mid-August, crews started installing falseworkfor the overlooks at Piers 8 arid 10.
Falsework is a temporary structure put in place during the construction process until the
overlooks are able to support themselves. Once complete,there will be a total of three
overlooks, located at Piers 8, 10 and 12. The overlooks are part of the 1(°iiop and each
overlook location will have interpretive panels with ormabon ranging from the history of
Stillwater-to the environment in-the to Croix river,valley.
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Crews ins II the falsework for the overlook at Pier 8. Photo from Aug. 24.
risbr ti iii hii'u ,,, i llHii, Tit .
Installation of the permanent lighting system at Piers 8 and 9 continues.Also® craws
began installing the permanent drainage system at both pier locations. Once the St. Croix
bridge[is open this drainage system will carry rain water into Minnesota where it will empty
into a holding pond, be filtered and pumped back into the river. During the winter months,
all snow removal will be carried to Wisconsin.
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View of Piers 8 (right)and g(I closest to the Minn. shoreline. Crevvwmvs are installing the
permanent lighting system and drainage system t both Pier locations.At Pier 8 (right),
r _.s have started construction of the overlooks Photo from Aug. 23.
o,
Segment placement and stay cable installation continues at Piers 1 (right)and 11 (left).
By Aug.21, crews ill have placed the 5th set of stay cables and the 20th segment in the
3
biridge deck sequence at Pier 10..At Pier 11 crews pili the 6th set of stay cables and
the 22nd segment in the bridge decd sequence Iby Aug., 21. Photo from Aug. 2 ,.
Approach work
On Saturday,Aug. 26, crews began stressing the cable strands at Pier 4 that will make ups
-the driving surface of eastbound Hwy 66.
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Bird's eye view of Minn. approach work. Last week, on Aug. , crews ru stressing
cable strands at Pier 4(circled),
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Crews use a jack to stresscable strands at Pier 4 that will be the on-ramp to Hwy 95.
Stay connected
• Sign-up for II S'° .Ject emaH updates
® Lilo us onIIC::wrilceb ok
• Follow us on ..:II,.::WItt'e
• Visit the project welmit
• Call the project hotline at 1- 5 - - I (462-7649)
• Stop by the St. Croix Crossing Project Office at 1862 Greeleym in Stillwater.
Office hours are 8 a.m. to 4:30 pa -P.
Stay Connected with Minnesota Department of Tran potions
"�%%4% 100�1�011�1111�1q��` VIII IVuuuummuuuu af�rtre
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11121 F2VIC� a
Eric Johnson
Sent. Wednesday,August 24,2016 10-06 AIM
Sulb, rpc begins on St.,Croix Crossing overlooks
stcro
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Office 651-366 42'7'2 Office'715-635-4968
H 651 503 0637 C01 71 w 828..9III'; :.
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News Release
Auu „2 y 20 .6
Work begins onSt. Croix Crossingoverlooks
Lighting and drainage installation continues at Piece 8 and.g
STILL ATTR,Minin.—Crews began installing falseworlic at Pliers 8 and 10 on the upstream pier towers where the
overlooks will the constructed.
Falsework is a temporary str uctaur that supports the overlook during construction until all work is complete t rnd the
overlook can support itself.The falsework is not a permanent anent part of the bridge.
The overlooks are part of theILS'(,',�.�,1)L.t.�°.��.fl,and will be located at piers 8,1 and 12.. Each overlook location will have
[interpretive panels wiith information r mn In frorn the history of Stillwater to the environment.
Other Stn Croix Crossing bridge construction highlights include:
• Crews continue to iinstall permanent lighti n and the drainage.systems at Piers 8 and g
• Crews will have placed up to the 20th eastbound and westbound segments in-the bridge deck construction
sequence ence rnd up to the fifth set of stay cables at IPl r 10 by tlhe end of tlhe week of Aug, 21
® Craniums wHII Ihave placed up to the 221nd eastbound and westbound mm eats in the bridge deck construction
sequence and up t the sixth set of stay cables at IPfi r 11 by the end of the week of Aug.21
Minnesota aIplpi Ih construction highlights
Construction crews began stressing the cables at Pier 4 where-the pyre-cast segments mm met the cast-in-place portion of
what t will make up the driving surface of east1bound IHi hway 36m
Stay connected,ask questions or provide comments nts to the St.Croix Crossingproject team:
Visit the 11..��.°:��..A.."....: .gtW:IC.t.gl
Sign-up for we.�.'..IIdIIIj..g.K..il.p.^:P.JflL..!!.�.Il��,�,
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Call the Ih otIliiin t 1_855- - OII (1-855.-462.-7649)
��U��I.R11P1� �....... �BNYd��� 6�I1��6 �b�araQd"14��
Stop by the office at 1862 Greeley St.S. in Stillwater. Hours are 8 a.m. to 4:30 Ipmm., Monday through Friday.
2
Eric Johnson
® Bill Lightner<BLightner@wchra.com>
Sent Friday,August 26,2016 1:33 PM
To: Aaron Parrish-Forest Lake; Bayport, birchwoodvillage; Bob Streetar- Oakdale; an
Bear- Hugo,Cottage Grove John Burbank;Cyndy Boyce® Dellwood; Hugo-Chuck
Preisler, Hugo-Eric Maass; Hugo-Rachel Lei tz(RLeitz@cLhugo.mn.us); Kevin Walsh;
Lakeland; Lakeland Shares; Logan Martin;Neil Soltis= Scandia; Newport= Deb Hill;
Newport- Renee Eisenbeisz; Eric Johnson;Oakdale- Kenneth Meuwissen;Oakdale -
linnea@ci.oakdale.mn.us;Scott Neilson- Mahtomedi;St. Mary's Point-Gin ie Reiter,
Stillwater,Tanya Nuss-Cottage Grove,TO McCarty(tmccarty@cLstillwater.mn.us);
Washington County;Washington County-Jennifer agenius;Woodbury-Karl
CC Melissa Taom
® July Foreclosures
Attachments: 2016 Foreclosures.xis
Washington County CDA Foreclosure Information Service Update
Please find attached the CDA foreclosure datasheet updated with 2016 information through July. We hope you find this
information useful to help meet your community's housing needs.
1.Summary Data
Below is a table of the total sheriff sales by month with a total of 169 through July 2016.The sales total for July continue
the trend of past few months with totals in the low 20's. To date,there are 41 fewer sales than in 2015.
Monthly Sheriff Sales-CDA Datasheet
2016-2015
Month 2009 2010 2011 2012 2013 2014 2015 2016 Difference
January 85 112 97 94 82 36 39 26 -13
February 94 103 63 61 S3 32 32 24 -8
March 70 135 90 95 4.6 34 31 29 -2
April 97 95 110 65 51 37 27 25 -2
May 103 99 87 83 48 24 28 20 -8
June 130 105 104 99 58 36 25 22 -3
July 122 118 84 66 59 31 28 23 -5
August 80 113 81 85 63 25 34
September 101 120 74 67 46 41 23
October 135 112 61 76 39 39 18
November 81 108 116 69 23 24 is
December 102 61 96 44 23 36 26
Total 1,200 1,281 1,063 904 591 394 326 169 -41
Average 100 107 89 75 49 33 27 24 -3
High 135 135 116 99 82 41 39 29 -10
Low 70 61 61 44 23 24 15 20 S
/ ..... ..
CII!3A Pire-ForeclosureNotices 09-d
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* , 1011
14
Below is a tabu and graph of pre-foreclosure notices since 2009. Before filing the sale notice,State law requires the
foreclosing party t0 provide information about foreclosure prevention services to the homeowner and provide the
homeowner's address and contact information to the Washington County.HRA,as the designated housingcounseling
agency for the county. The HRA contacts each of these homeowners via mail to inform them of our services an
encourage them to contact one of our homeownership specialists.
While these figures are difficult to use as a basis to forecast any future trends,they do indicate continued foreclosure
activity.
Monthly Pre-foreclosure iReceived by the HRA
month Z009 2010 2011 2012 2013 2014 2015 2016201 2416
Difference
January 304 357 241 256 154 114 125 103 -22
February 219 257 292 246 198 116 7 -15
March 395 374 365 231 210 107 66 91
April 351 356 237 199 248 91 127 99 -26
May 376 269 224 236 72* 135 95 56 -39
June 276 316 303 245 165 126 73 64 10
July 295 307 293 196 177 96 110 63 -27
August 339 355 215 232 117 106 109
September 336 347 365 206 109 72 69
October 323 356 252 135 131 164 104
November 290 250 260 145 110 83 39
December 361 413 246 159 72 67 133
Total 3,665 3,963 3,313 2,492 1,763 1,303 1,151 579 -116
Average 322 329 276 206 149 109 96 63 -13
High 395 374 365 256 246 164 133 103 -30
Low 219 2S7 215 135 72 74 39 56 17
*Note that the relatively low May 2013 total of 72 is due in part to a backlog processing the notices at the HRA office
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w CDA Foreclosure r n-do m rvic ,s
Please nur a struggling residents-t call the HRA at 651-202.-2822 or visit l .:. �� � ulllnlo� � �ul�� ` o r+ �
We are here to Ihelp your residents who are-facing foreclosure. Services are-.free and confidential. The CIDA is the HUID
approved housing counseling lin gen for Washington County. Our counselors are trained and certified, Irnd are held-to a
National Industry Code of II
See CIDA website for upcoming Home Stretch workshop dates. Participants now have the option to pay on.-
line.
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u.Reports
I on reports at this furore,.
Bill Lighinw,
I u1°off ect IlManager
wsstliilwminm oowrOU11111111 Co°nliirmluiiiili ieve�o iriiul iii Agency
7645 Co~ww°ii'6IIIII Mvd.
Ino dlllollr iy, VIII 55125
651-202-2824
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this Ilm'messa ge IIIIIrI m"Il:rmm111'"„„pwase noffy the 4'.mll eVr Nranechately at 651458 58 0936, and d0ete 1.kIie message Me Washington County ulln C011 111111m'ILITAty
liev o➢m,:minmllmelmsllsn:AgenLy is govev°mmom b1V the 111%Mm esota Government Data Practices Room III::::mad wflI be n:mwoosnmsm:lV nom the ssm11°momµway as smutiu omu°m
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3
CITY OF OAK PARK HEIGHTS
ry
DRONE USE POLICY IN CITY PA!�tj,
Operation of recreational drones and/or other remote-controll lotless aircraft be
another positive use of City park spaces. When operating in s, park sitors must
abide by City Parks Ordinance No. 802, including Park Hours. H w ose who wish
to utilize these within Oak Park Heights Park Property for ch purposes must
additionally follow the terms of this policy and are as follows:
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• Follow Federal Aviation Administration (FAA) rul , including all applicable
registration requirements;
• Do not fly the device over private property or gro 7psof unsuspecting people;
• Do not interfere with other park users and/or other park acties or events;
• The City requests that you do not conduct surveillance or photograph people in
areas where there is an expectation of privacy without the individual's
permission;
• Fly no higher than 400 feet and remain below any surrounding obstacles when
possible;
• Keep the device within sight at all times;
• Remain clear of other drones or devices;,do not intentionally fly over moving
vehicles;
• Do not fly in adverse weather conditions such as high winds;
• Do not fly near or over power stations or towers, the State correctional facility,
heavily travelled roads, and other government facilities;
• Never fly near emergency response efforts such as fires, and do not operate under
the influence.
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4. Coniparismu ofpii",AcnUWbenetffs of afternat I m m u v' mm'mmllhmum"mmmm m m s,t tlmm''m sustai m m fity>mmf"wate
resouii ces m," arid systern m°9fliability Illi°°'u the ustudy area
1..�his,i m'ms , m rimnt'farm°each apjm�oaclt IbflowRd a sinitilar iim"�iettm m 'm pi e firnim'ary screerimfm'���mg 01IIP"Opfioiris,
folftmed by se m°mm°'mu m m y mew mllluationu of njAlonswlth moi e detaflW u!mm°i lysis F m m"oachwlir m18mmuid to
m'1du°°inking water supplies,dklll"fmumme'mm ml mu°m abvps weille m mmmmmlmmVmm'l°mom tor smwm s of mmm im miirm mn°flex at mmmllm'mui°' rrig scaies,
I����his Study is r1ot Inewit to proVide lwmues m'm �tl ' s u'l'iiw�ffli isto be Iiml' i iii iiented. It is rnee� mt to pro ie
°m mm mmumwf emm"concept level,' costs aiu°m 'corisim a i ationsIbr various u'l mm m supp1ly e;)p� �i aaches.
41 ,;III v;CkJIh9M,
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di fil"idividii ml es i�iiil"i die sti uly a i aiii iiiiiige ft,iii"n
�a�Vlmmlmms �xr�year(MGY) to 3 27billion s per year(B(,,3�11Y),, and total 8.24, B(3Y Withill'
kmrm J��,,,is_
Table IA shows the�ii elatiorlist9p behAmeri grOLE,idwatei Wthdii,awals fn�m muhbilml wel
cifies%lithin the study meafiloii�n 2012 and�the associated ap;n qm iafiori fir,iiift&
Projected 204�O water ideii�ilmnds'llot" each ofthe stf idy mea commurmfies m e also pr ..er �.,.,imd Suppi,,�m,t,fllf,',,,���r
Pmiell., ted avoiage daffy water use fbr�the imitirc study al ea is estimated,to be 3 Ir'1111
rpr'i
0
25
05
day(MG1)),while u,�immiriium day,water dernai,id is expected to be 61.6 MGl'), as,,�� s milri owwwwr-mam------
1-2 Annual mtei use in 2040 is expected,tc,be 9,,2 BGY.
Total study area derinim iiid is opected to g iii mv by about 27%,fforri �20 12� ,to 2040 �,ie 2040 proleded
%Wei lemanii�Js forthe in'l of the gomimiwiftles fili the stulih, 11,11"aa eximS =Rank,
ropriations Filjti�i;�oater demands inay not Im rrilet by cur,mr—iiitgi o_u""i_�,idvva"t'eropi h"Ifimis,
I............... ........
)k grqpl i showh il %vater me iends for each CoMflon cwTurainity from 2011�)througli 20,14 is prey ei itvf
41II'9gmetre I,2,
f1gurei 2.IllVap ot study Goes.
Wat&u Use rrends
14,OCIO
N
6AMO
of
4
M111
2.1JOU 111/0
V2010 I�11012 2012 1&2023 r1,12011;
'I!f'I o rilgcflW� r rJf
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f,0 ;iF
al"tl!',.P'pho&, l! '(rt-- ..,..I mp Cost lx
THis sedl�,Joj�,-tj Provided Capital Cost O&M Cost
Ggallons.
AfternatIve r"rm 111 field In
����,"115 $3101,,600,0010 � �0010 $
Denmark iI
Alternative C New 1Juatfl field Ire
southem
Grid � 3,11150 25,��" �0111 ��� w�l, "�� ,11W �1.10
m Mn aaar sella Iiia Ill a ,, m lk ra Ilfamaaat cost Apigilroachl' m a rie � t�mia ul r°rt.
air aaaum�m ar�mr�r�aa�a�r� mm I °I °w
V11111thout illin hceritiye to Ituhto a inew'rourlix Uf metra r, c*n"mm°Ilr,tur"m't'iea arM continue to iddli m wrrmmum maaRa.
S!gnMc*rA areas of canfirma 'aa (PFCal I CE, and ulim'm raar)exist Iiia Waahlmllil rma(�,gotinty. In am m Maam
ar mmu rmr ' 'raw mam"aaa maimed e aftAing armor aae waters in e stem ' "gymdbury.,
Conseirvabbn "
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mmaa . ...•t°m'm does not iiiim°mdude Imam"II''mdar�llriaa ii existing°III"ma mmrmnra or III'losarma Giro°m the distnbi.m 'rwarm sy,stem.
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ra rrr��aa ulra �amarm IllmrmV M���rmam IIl�mrmWa �� � � �a � mmw�mmmr
m
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� aama ammlra ����)Iragr�a� r can I��wmnm iil�r�m ar a��asiatar�m�ce ma idem"i ng i'a mmatnai�lwater ro�mmaemar mem°III 1Il) partaam la .
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"dain.k.yllo@westiakellaind.govo-ffice2.coim"; "dsc�-iull-t,,z6816@cornca!St.inet',,
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"couric[ii@cli.woodlbiuiry.mn.us'
Subject.. Shedffls is Elected Official"T'irafinfing Opportunity
Attachments: MnIEMC Modules 2016-final.docx
Importance: High
........6. ......our ci4��township��d otrlcial>,O,�
t
The Washington Counky Shierifrs Officeis inviting you to attend anfinportant ed *-tional(:)pportun.ity titled
Minneso1a TEmergenc
y.Managententl0ected Qf jibifit!ks:�. ' time and location
risRolisandRespoisibilitks. 'late
e
'mer
01
M. S ion is nfir,,�....."'fiext ounty Washington CIntegrated L gency Nianageiiiii.ent Course
(M.M.Q. The IEMC is a training program for county and,city personnel that willhave ardle in disasters or
m' ,jar emergency events. It is broken.up into:Five separate modules to address:roles and responsibilities for all
positio.ns,disciplines,and res�ponders. Module 1. wi 11 be delivered byretired.MN National Gm Brigadier
Generaland ctnTent.Minnessata Homeland Security and Emergency Management Director Joe l(elly.
Module 1. isaparum ximately two hours and.will focus on the specificroles and resin nsibilides of city/townsluip
elected officials should a disaster occur in their community. his will bean excellent opportunity to lear. about
emergency dechwations, additional resource requests,financial consequcnces(i.e.FEMA reimbursement
thresho]&), and much.more.
Some of you will be asked to attendModule 5 (the last module in fhe.&MC prograffg) in.2017 with.a three day
(half day, fall day,half day)event at Camp Ripley Which will include presentations,discussion,and.a table top
eurceisc, Space will be somcwhat H itcd for Modulc 5 as it,wifl includc cou ty ission tars. ,fire ffijryiterzs,
lawenforct!,.rnent,public works, Pu health, etz.
The first IEMC was a-five day trainiiingy coursefield in 201.0 at.the Emergency Management Institute in
l',,rnmitsburg Maryland. Some very valuable lessons came out of the last course, so tdier multiple requests we
are pleased to be able to offer this once again with aniuch less intrusive schedtfle. It's our hope that the shorter
version and closer proximity will be man eable enoqgh to accommodate.evMone's schedule.,
The training sessions can be posted as an Open.Meeting as some jurisdictions morn have a quortim present. You
,are w&1cx)rne to ttemmd any session.that suits yow-schedule.
11INease P.SVP to me as we will need a minlinum of.12 to conduct each session.
MM2odule 1 Date Qpfions:
Option I Option 2 Option 3
ForeAlAke City Ctr Woodbury Public Safety TBD
14,08 Lake St. S. 2dflr 2][ io.]Drm,ve Post Election
Sqptemliner 1.5"h,2016 0�,:Aober 13*,201.6
7:00pm 9:00p.m. 7:Korn—9:00pniii.
111:11eme call or emafl,,rne, with any questions or comments about.module I or the IEM.0 pro pgnwn.
2
Thanks for your time and.I.hqpe to see you thov,
I)oug.1lBerglund
Director, Waslungbaa n County Shariff-s Office
F.,raerp
gency.managemerit Division
651-430-7682
flublic Works Department
Donald .Theisen,P.E.
Director
Wayne H.Sandberg,
Deputy Director/County Engineer
r
REQUEST FOR PROPOSALS (RFP)
FOR
PROJECT
COORDINATION,
PRELIMINARY ENGINEERING,PUBLIC AND AGENCY INVOLVEMENT,
AND ENVIRONMENTAL DOCUMENTATION SERVICES
COUNTY STATE AID HIGHWAY (CSAH) 24
(OSGOOD AVENUE NORTH)
PAVEMENT MANAGEMENT & SAFETY IMPROVEMENT PROJECT
FROM 50'hSTREET NORTH TO 65THSTREET NORTH (ORLEANS
IN THE CITY OF OAK PARK HEIGHTS, CITY OF STILLWATER,
AND BAYTOWN TOWNSHIP
Note:.4 "Qualification Based Selection-methodill be used to review proposals submitted i
response to this RFP. The responder must not include price information either in the body of the
proposal or as a separate submittal.
This RFP contains the following sections:
1. PROJECT INFORMATION
2. SCOPE OF WORK AND S
3. PROPOSAL TNT
4. PROPOSAL ATI
5. PROPOSAL SUBMITTAL
6. SAI..R I. STI NS
APPENDix A:CONTRACT TERMS AND CONDITIONS
LOCATIONAPPENDix B:PROJECT
ISSUESAPPENDix C:PROJECT
11660 Myeron Road North,Stillwater,hfinnesota 55082-9573
Phone: 651-430-4300 • : 651-430-4350 : 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity/Affirmative Action
Osgood Avenue North(CSAH 24) Washington County Public Works
Pavement Management&Safety Improvement Project September 2016
1. PROJECT INFORMATION
I.I. PROJECT OVERVIEW
The Washington County Public Works Department is issuing this request for proposal (RFP)
to provide near and long-term corridor improvements, project coordination, stakeholder
engagement,and preliminary design for the preferred alternative including associated hydraulic
analysis, and necessary environmental documentation services for Osgood Avenue North
(CSAH 24). This segment of CSAH 24 extends from 501h Street North in the southern part of
Oak Park Heights north to 65'Street North(Orleans Street)in Stillwater.
CSAH 24 is a north-south roadway is has a functional classification as an A-Minor
Arterial. The existing AADT is 10,000 vehicles per day south of TH 36 and 11,000 vehicles
per day north of TH 36. The roadway is predominantly two-lane undivided with an urban
design and 35 mph posted speed it. The roadway becomes a four-lane divided urban
segment near the intersection with Trunk Highway(TH) 36. The portion of CSAH 24 south
of TH 36 is a popular route for a local trucking company.
The corridor is a mix of commercial,institutional,and residential uses. Fronting on the corridor
are existing single family homes and apartments,two churches,a cemetery,and several parcels
that are in various stages of redevelopment. In addition,an elementary school,two parks, and
the Washington County Government Center are in close proximity to the corridor.
This Pavement Management and Safety Improvement Project is intended to improve operations
and safety to the corridor by evaluating intersection options,capacity,lane configuration,
pavement surface, drainage, and sidewalk/trail options to accommodate current and fature
traffic and pedestrian levels. The Consultant will complete a safety study and public
engagement process that will assist stakeholders in prioritizing improvements,culminating in
a community-accepted project to be advanced through preliminary design.
Pavement hgpLovements:
The Consultant will design a pavement management plan for CSAH 24 from 50 11i Street North
to 65' Street North (Orleans Street) (see Appendix Q. The pavement condition index on
CSAH 24 currently ranges from 66 to 70. CSAH 24 from 50'h Street North to 59d'Street North
was overlaid.in.2006 and the area north of TH 36 was overlaid in.2001. The area between,the
North Frontage Road and 65h Street North(Orleans Street)will need to be evaluated fora full
reconstruction to coffect the sub-base based on observations of pavement heaving experienced
in the spring and to install a storm sewer distribution system. The other areas are assumed to
require a pavement preservation method such as a mill and overlay or full-depth reclamation.
Intersection Imurovements:
CSAH 24 has many access connections to residential driveways, commercial and industrial
properties, and other public roads serving key community functions. The Consultant shall
evaluate key access points and perform a traffic study along the corridor.
The segment of CSAH 24 this project encompasses has a critical crash rate that exceeds the
system-wide average. In addition,the existing south TH 36 frontage road(60a' Street North)
has a critical crash rate that is twice the system-wide average.
The goal of Washington County's Public Works Department is to achieve excellence in design
through comprehensive public engagement with every project we do. We believe a strong
public engagement plan will be essential to facilitate community acceptance of the project
while maintaining the transportation objectives and requirements of Washington County and
the Minnesota Department of Transportation(MnDOT).
Page 2 of 17
Osgood Avenue North(CSAH 24) Washington County Public or
Pavement Management& Safety Improvement Project September 2016
bpprovements by Others:
Washington County is leading a separate project,slated for completion in Fall 2016,to realign
CSAH 26(60th Street North/South Frontage Road). The realignment will move the intersection
approximately 500 feet to the south of the existing intersection. In addition, Holiday
Stationstores,Inc.has a project underway to redevelop its property at the Southeast comer of
the existing CSAH 26/CSAH 24 (Osgood) intersection. The Consultant shall determine and
consider the impacts of the improvements when completing analysis and design work.
Washington County is also leading an intersection improvement design project at the CSAH
14/24 intersection approximately Y2 -mile south of this project, slated for 2017 construction.
The northern extent of the intersection improvement will coincide with this project at 50'
Street.The Consultant shall consider these improvements when completing analysis and design
work.
This project will be a cooperative project between Washington County,the City of Oak Park
Heights, the City of Stillwater, Baytown Township, and the Middle St. Croix WMO, with
Washington County serving as the lead agency. A combination of State Aid and local funding
is expected. All work performed under the anticipated contract must be carried out in
accordance with the procedures, requirements, and regulations of the Minnesota Department
of Transportation(MnDOT)and Washington County.
1.2. PROJECT GOALS AND OBJECTIVES
The objective of this project is to improve the safety and operations of the CSAH 24 corridor
by addressing transportation,bicycle,pedestrian,and drainage issues as well as extending the
life of existing pavement. In summary,the project goals are as follows:
• Utilize a comprehensive agency and public engagement process to achieve community and
agency acceptance.
• Review access management guidelines within the corridor while accommodating access
needs of the businesses,school,potential development,and individual property owners.
• Improve roadway safety,capacity,and operation of all intersections and access points along
the corridor.
• Complete a project corr' ars y with full-build geometric layouts, and costs, allowing
stakeholders to identify an alternative to advance into preliminary design.
• Produce a municipally-approved preliminary geometric layout that meets all MnDOT,
CSAH, and Washington County requirements for preliminary design and environmental
documentation allowing for construction in 2018.
• Identify potential stormwater drainage improvements that appropriately balance the
requirements of all agencies with the needs and goals of the communities.
• Improve the accessibility and movement of pedestrians and bicyclists within the corridor.
• Maintain the long-term transportation goals of Washington County, the City of Oak Park
Heights,the City of Stillwater,and Baytown Township.
Page 3 of 17
Osgood Avenue North(CSAH 24) Washington County Public Works
Pavement Management& Safety Inaprovement Project September 2016
1.3. PROJECT SCHEDULE
The project work will commence upon selection of the Consultant and after award of a contract.
The Consultant will are a project schedule based on a construction completion date of no later
than November 30,2018.
Schedule
Washington County anticipates the following schedule for this project:
RFP Solicitation Release August 31,2016
Proposals Due September 28,2016
Project Scoping with Successful Consultant Oct 17-Nov 4,2016
County Board Awards Consultant Contract November 15,2016
Preliminary Design Phase Nov 2016—May 2017
Final Design Phase for 2018 project(not part of this contract) May 2017—Dec 2018
Project Bidding Phase for 2018 Project(not part of this contract) January 2018
2. SCOPE OF WORK ANp DELirvERABLEs
All aspects of the scope of services outlined below and included herein are expected to be completed
within the project deadlines. All reports/documentation must be developed and presented in Microsoft
Office and all design files must be developed and presented in Microstation adhering to Washington
County approved formats unless otherwise noted or requested by the Consultant with approval of the
County.
The role of the selected Consultant to will be to complete all tasks necessary to take the project
through the development of a drainage report, geotechnical report, and municipally-approved
preliminary layout for CSAH 24 from 50' Street to Orleans Avenue. When a municipally approved
preliminary layout is identified,the Consultant will provide overall project costs and cost splits.
Washington County will act as the lead agency through all aspects of the project. The County's role as
lead agency does not preclude direct and regular interaction between the Consultant and the Cities of
Oak Park Heights and Stillwater, Baytown Township, Middle St. Croix WMO, and other agencies.
Their input, review, and plan review and approval are important; however, the County is to be kept
informed of agency dialogue and will assist the Consultant in determining the need and scope of
interaction with a particular agency. The Cities will need to be involved in the project development
and review,and their input will be incorporated on a regular basis to avoid review delays or reworking
of design elements. All public utility design is to be directed by the Cities of Oak Park Heights and
Stillwater,and prepared in accordance with their City design standards.
2.1.PROJECT MANAGEMENT AND QA/QC
2.1.1. PROJECT MANAGEMENT
The Consultant will perform all or necessary to effectively coordinate the project
development, maintain the project schedule and budget as well as manage the Project
Management Team(PMT) starting with a project kick-off meeting. The proposal should
include a summary of the project management measures required to ensure that the project
is completed on time, within budget and in accordance with applicable laws, policies,
standards and good engineering practice. Consistency in project management for this
project is paramount.
Page 4 of 17
Osgood Avenue North(CSAH 24) Washington County Public Works
Pavement Management&Safety Improvement Project September 2016
2.1.2. QuALiTY ASSU RANCE/QUALITY CONTROL(QA/QC)
A project specific Quality Management Plan shall be developed and followed throughout
the project and shall be available for review upon request during the project.
2.2.PROJECT COORDINATION
2.2.1. DATA CoLLEcTioN AND SITE VISITS
The Consultant shall collect existing data and reports relevant to the project area and obtain
new information as needed for all aspects of the project. At least one on-site preliminary
engineering phase coordination meeting will be arranged by the Consultant.
Washington County will provide the following information to the successful Consultant:
• Topographic survey
• As-built information
• Right of Way information
• Plans for CSAH 26(South Frontage Road Realignment),available upon request
• Plans for CSAH 1 / 1/ intersection realignment, available upon
request
2.2.2. PRIVATE UTILITY COORDINATION
For the purposes of this RFP, "utilities" shall mean and include,but not be limited to, all
privately, publicly, or cooperatively-owned pipes, lines, antennas, or facilities for the
distribution or transmission of electrical energy, gasoline,oil,natural gas,water, sewage,
steam,cable TV,telephone or other material and communication lines and devices.
The Consultant shall contact Gopher State One toot ' te of all utilities
within the project limits. The Consultant will conduct detailed utility searches,identify
conflicts,coordinate relocations,and include data in the construction plans.The Consultant
will determine conflict points between planned construction and existing or planned utility
facilities and develop and make recommendations on relocation alternatives, with
emphasis on cost effectiveness and on miniini2ing conflicts.At least 2 utility identification
/information/coordination meetings will be arranged by the Consultant. Meeting minutes
of all such contacts, conferences, and meetings with the utilities shall be kept by the
Consultant and shall become part of the permanent project record and shall be transferred
to Washington County.
The subsurface utility information to be provided throughout this project shall be utility
Quality Level C. This quality level shall be determined according to the guidelines of
Cl/ASCE 38.-.2,entitled"Standard Guidelines for the Collection and Depiction of Existing
Subsurface Utility Data."
Locations
The Consultant shall obtain the locations of all utilities that exist within the limits of
construction and which maybe affected by the project. Utility location information shall
be obtained directly from the utility owner unless such means is not feasible. All utilities
shall be identified as to owner,type and size.All utilities shall be shown on the preliminary
layout and plans in accordance with the requirements of the "Utility Notification Law",
Minnesota Statute Section 216D.04.
Page 5 of 17
Osgood Avenue North(CSAH 24) Washington County Public Works
Pavement Management&Safety Improvement Project September 2016
The Consultant shall contact the utility owners and use all customary procedures to review
the existing locations and discuss all utility relocations necessitated by the project
construction as well as any of revisions to the utilities, or installation of new utilities,
within the project limits is may be deemed desirable to accomplish in conjunction with
the project construction or for which the Consultant has learned will be required in the
future.The procedures outlined in the MnDOT Utility Accommodation and Coordination
Manual for utility identifications and notifications are applicable for design activities.
fonids
fi
The Consultant shall develop a tabulation of any conflicts and required changes to existing
utility facilities. The Consultant shall notify the appropriate utility owners of any conflicts
and required changes to their existing facilities.
Coordination
................. ...........................................—
The Consultant shall coordinate the relocation of all utilities affected by this project. The
Consultant may design replacement utilities,e.g. sanitary sewers and water mains owned
by the City of Stillwater as required and directed by the City of Stillwater and Washington
County. The Citv of Oak Park Heights' Engineer will complete the design of utilities
owned by the City of Oak Park Heights.
The Consultant shall coordinate this improvement with the activities of the utility
companies during the design stage.
Survey
Survey surface features of subsurface utility facilities or systems,if such features have not
already been surveyed by Washington County. If previously surveyed,check survey data
for accuracy and completeness. The survey shall also include any surface markings
denoting subsurface utilities,furnished by utility owners for design purposes.
2.2.3. PUBLIC AND AGENCY INVOLVEMENT
The Consultant will perform public and agency involvement to facilitate acceptance and
approval of the project. A sound public and agency involvement strategy is needed to
accomplish the project goals and to ensure project success. As this project moves forward,
a strategy is needed to assess stakeholder positions,perform the alternatives development
and evaluation process to facilitate acceptance,coordinate schedules,identify funding and
receive approvals for the project.
For this proposal,the Consultant shall propose a public and agency involvement strategy
to meet the project objective and goals. For this proposal,the Consultant will propose a
public and agency involvement plan,as well asspecific involvement activities,techniques,
and strategies and how these specific tasks will integrate into the overall process. The
proposal should provide projects in which the Consultant has utilized a successful public
and agency involvement plan to get multiple stakeholders with varying project goals to
consensus. The Consultant shall prepare, and distribute corridor newsletters to keep
adjacent stakeholders informed. Open houses, City Council and resident updates should
also be anticipated.
Washington County will maintain a project website. The Consultant shall provide the
County with postings such as project schedule, open house/meeting notifications and
summaries, project map, environmental notifications, and additional information as
requested by the County.
Page 6 of 17
Osgood Avenue North(CSAH 24) Washington County Public Works
Pavement Management&Safety Improvement Project September 2016
2.3.TRAFFIC ANALYSIS/ CORRIODOR SAFETY IMEPROVEMIENTS
® ExisTING AND FuTuRE CONDITIONS ANALysis
The Consultant will develop traffic forecasts in accordance with the Washington County
2030 Comprehensive Plan. Forecasts will be developed to identify transportation impacts
on planning-level as well as more detailed alternatives. The Consultant shall identify the
level of traffic forecast work required to evaluate alternatives,as well as the level that will
be needed to complete preliminary design work and environmental documentation.
The Consultant shall also perform a traffic operations analysis along the CSAH 24 corridor
at the intersection locations identified in section 2.3.2.
It will be important to review,discuss and document the traffic data assumptions that will
be used with the agencies involved for reasonableness, including, but not limited to,
projected peak hour volumes and turning movements, percent of heavy trucks,
pedestrian/bicycle traffic, and directional distributions. The Consultant shall make
recommendations as to appropriate traffic operation so s) that can be utilized to
obtain the desired results as well as a tool for effectively communicating the results to the
project stakeholders.
2.3.2. INTERSECTioN ANALysis
CSAH 24 has any access connections to residential driveways, public roads serving
medium to high density residential areas, several commercial properties, parks, churches
and an elementary school. The Consultant shall perform traffic operations analysis along
the CSAH 24 corridor at all intersections as specified below. Particular attention should
be given to the intersections at 62nd Street North, 6111 Street North, 591'Street North, and
580' Street North, The Consultant shall evaluate the need for signals and intersection
controls. In addition,the Consultant shall evaluate key access points and perform a traffic
study to make recommendations for traffic safety and operational improvements such as
turn lanes and access modifications. Existing right-of-way should be considered along
with the impacts of acquiring additional right-of-way, in determining opportunities for
modification of existing intersections. The County would like to realign the west approach
to the 62'Street intersection so that it aligns with the east approach. 62'Street may also
be widened from CSAH 24 to its western termination to accommodate a potential future
realignment of the North Frontage Road.
The following intersecting roadways should be evaluated for turn lanes, intersection
controls,and geometry to develop concepts to address operational and safety issues:
0 5811'Street North
0 591'Street North
0 601 Street North(South Frontage Rd)
0 6
181 Street North(North Frontage Rd)
0 62nd Street North
0 651 Street North/Orleans Street East
2.3.3. PEDESTRiAN/BicycLE IMPROVEMENTS:
The County would like to investigate the feasibility and the public support for constructing
trails and/or sidewalks along CS AH 24(see Appendix Q. The Consultant shall review the
existing trail and sidewalk system and coordinate with the Cities of Oak Park Heights and
Page 7 of 17
Osgood Avenue North(CSAH 24) Washington County Public Works
Pavement Management&Safety Improvement Project September 2016
Stillwater, Baytown Township, and Washington County on any potential pedestrian and
bicycle enhancements.
The Consultant shall evaluate existing on and off-road pedestrian and bicycle facilities and
consider improvements to roadway crossing points on CSAH 24. In particular, the
Consultant should focus on crossings at 62'Street,58'Street,and near the Valley View
Park entrance. Consider at-grade and grade-separated crossings throughout the corridor.
There is an existing trail alignment that runs between the trail to the east side of CSAH
24(Osgood Avenue)and CR 63 (Oxboro Avenue). Grading work has been completed on
this trail and the County would like to pave it as part of this project. In addition,the County
out like to realign the western portion of the trail to connect to an existing pedestrian
rarnp at the northeast comer of TH 36 and CSAH 24(see Appendix Q.
The Consultant shall evaluate the various typical sections along the corridor to
accommodate the trails and sidewalks identified in Appendix C. An evaluation of the
associated right-of-way, construction costs, and environmental impacts for these options
shall be prepared.
2.3.4. ALTERNATwEs EVALUATION
The Consultant shall provide an approach to developing alternatives for the roadway
corridor(north of TH 36),assuming up to four(4) alternatives consisting of three"build"
alternatives and one no-build. The Consultant shall analyze the feasibility of bump-outs or
other treatments to enhance accessibility and increase the safety of pedestrians crossing
CSAH 24.
Layouts will be prepared for each alternative illustrating potential right-of-way impacts
(with and without the use of retaining walls) to adjacent properties and potential
environmental impacts. The layouts should be sufficient for analyzing the treatment of
intersections, access points, and non-motorized movements throughout the corridor, as
well as identify associated impacts at a planning level sufficient for alternative screening.
The Consultant shall consider the impacts of any public utility improvements with each of
these alternatives.
The Consultant shall determine the associated right-of-way, total project costs and
environmental impacts of these options. Alternative trail and sidewalk typical sections
identified in Section 2.3.3 shall be evaluated to determine the preferred alternative. Traffic
and pedestrian safety and accessibility improvements shall be included in this analysis.
The associated impacts for each alternative should be analyzed in a matrix format.
Preliminary recommendations,cost estimates,and cost allocations(including public utility
work) will be developed for the alternatives with sufficient detail for evaluation by all
stakeholders.The Consultant shall prepare cost estimates to allow the County and Cities to
evaluate options and prioritize infrastructure improvements. Cost estimates shall include
total project costs and be split by agency according to the Washington County Cost
Participation Policy.
2.4.ENVIRONMENTAL DOCUMENTATION
2.4.1. ENVIRONMENTAL DOCUMENTATION
Environmental Screen' -The Consultant will identify key social,economic and physical
environmental issues for each alternative considered and document potential
environmental concerns for each alternative considered facilitating the selection of a Build
Page 8 of 17
Osgood Avenue North(CSAH 24) Washington County Public Works
Pavement Management&Safety Improvement Project September 2016
Alternative. This will include consultation with envial review agencies to obtain
background information and identify potential concerns.
Enviromnental Documentation-The Consultant shall analyze the need for, and complete
the preparation of the appropriate environmental documentation, depending on the
alternative selected, in accordance with the Highway Project Development Process
guidance for the Build Alternative,as compared too reasonable alternatives considered
as well as a No it Alternative.Whether an EAW will be appropriate will depend on the
preferred alternative selected and the impacts it may have to environmentally sensitive
areas, as well as the level of environmental review required, and the level of permit
requirements and other resource studies required.
The Consultant will update and/or collect preliminary data,identify key issues and conduct
analysis in accordance with MnDOT and FHWA procedures for all social, economic and
environmental(SEE)concerns.
In consultation with County and MnDOT staff,the Consultant will also prepare the
necessary conclusion documents;Findings of Fact and Conclusions,draft Negative
Declaration and/or draft Finding of No Significant Impact(FONSI).The environmental
findings will be included in the Design Memorandum,if required.
2.4.2. PARiKLAND EVALUATION
The Consultant shall identify public recreation facilities within or near the project and
document potential impacts/mitigation and document accordingly. Coordination with the
affected jurisdiction should be part of the scope,as needed.
2.4.3. CULTURAL RESOURCES
The Consultant shall identify any known cultural resources within or near the project via
literature search or Phase I assessment, as appropriate, and document potential
impacts/mitigation accordingly. Coordination with the S, SHPO, or MnDOT CRU
should be part of the scope,as needed.
2.4.4. WETLAND DELINEATION
The Consultant shall delineate wetlands within the project area, prepare a wetland
delineation report, and complete acquisition of required mitigation credits. Washington
County will provide any required payment for mitigation credits as needed.
2.5.PRELEmiNARY DESIGN
2.5.1. PREFERRED ALTERNATIVE GEOMETRIC LAYOUT
Upon selection of a preferred alternate, the Consultant will develop a municipally-
approved preliminary geometric layout in accordance with the appropriate design
standards,guidelines and policies.The layout will include horizontal alignments,profiles,
roadway geometry, typical sections, preliminary construction limits, utility impacts, and
right-of-way impacts for the entire corridor. A project cost estimate(including soft costs,
public utility costs, and landscaping costs) split by agency cost participation, will be
produced for the preferred geometric layout.
2.5.2. PRELimiNARY HYDRAULICS EVALUATION
As conceptual geometric alternatives are developed, the Consultant will perform a
preliminary hydraulic analysis for each alternative to the extent necessary to determine
major drainage issues or obstacles that may impact the roadway design. The findings of
this analysis will then be summarized into a preliminary roadway design drainage report,
Page 9 of 17
Osgood Avenue North(CSAH 24) Washington County Public Works
Pavement Management& Safety Improvement Project September 2016
to aid in future storm water management techniques and identify potential land
acquisitionhight-of-way needs for ponds and storm sewer systems.
2.5.3. GEoTEcnNicAL EVALUATION
The Consultant will hire a qualified firm to conduct a Geotechnical Evaluation and Report.
The Consultant shall submit their geotechnical proposal including boring locations to the
County for approval. The Consultant will incorporate recommendations, complete
pavement design and determine the appropriate pavement reconstruction and/or pavement
preservation options. Potential wet pon locations shall also be investigated.
2.5.4. COST EsTimATEs
Throughout the development of the geometric layout, the Consultant shall prepare cost
estimates to allow the Counties and Cities to allocate resources. Cost estimates shall
include total project costs and be split by agency according to the Washington County Cost
Participation Policy.
2.5.5. RiGHT-oF-WAY
The Consultant will determine construction limits and verify the County's permanent right-
of-way,permanent easement, and temporary easement needs for the preferred alternative
selected. Washington County will prepare plats and acquire right-of-way.
2.5.6. ADDITIONAL TASKS
The Consultant is encouraged to include and describe additional tasks not mentioned within
the RFP that will enhance the project.
3. ftoposAL CONTENT
Proposals will be limited to no more than twenty(20)pages in length,excluding a cover sheet,a cover
letter, and appendices. The font shall be nosmaller than 11 point, I I x 17 pages can be used for maps,
exhibits, and/or schedule and will count as a single page. Appendices are anticipated to contain pre-
prepared marketing materials and/or fall resumes oro supporting documents. Reviewers may or
may not review material contained in appendices.The following will be considered minimum contents
of the proposal and must be submitted in the order listed:
3.1. Title Page/Cover Letter to introduce the Consultant submitting the proposal,including the name,
address,telephone number,email address of the contact person(s)representing the to and also
the names of other firms or individuals participating in the proposal.
3.2. Table of contents to identify the proposal material by section and page number. Tabs are
recommended for differentiating sections of the proposal.
statement of the objectives, goals and tasks to show or demonstrate the responder's
understanding of the nature of the project and the work required.
3.4. A description of the proposed project approach and methodology to be utilized; including a
description of the proposed project management techniques, public involvement approach, and
agency approval plan. A work plan and/or schedule identifying the major is to be
accomplished. The work plan must present the responder's approach,task breakdown of the maj or
project requirements, approach to quality control, a critical path timeline, deliverable due dates,
and project completion date. The work plan will form the basis for cost negotiations after
responder selection. Firms are encouraged to propose additional is or activities if they believe
such tasks or activities will substantially improve the results of the project.
Page 10 of 17
Osgood Avenue North(CS AH 24) Washington County Public Works
Pavement Management&Safety Improvement Project September 2016
3.5. A project manager from the firm must be identified with detailed educational experience and any
other additional information to demonstrate competence and ability to fulfill the obligations of the
Contract. The Proiect manag-er must have been a pro pct man or
on a similar proLgct pn to
working on this groLect. Ile Consultant project manager must be available in a local office
(Minneapolis/St. Paul metropolitan area) during the entire project period. Include examples of
similar work indicating the responder's level of involvement in the project,as well as,information
on the client contact person, address, email address, one number original budget,final budget,
original completion date, and final completion date. Emphasis should be placed on ability and
history to successfully deliver projects similar to the county's proposed project.
® A list of key personnel who will be assigned to the project; their area of responsibility, work
experience, qualifications and availability to perform the proposed work. Include a detailed
description oft e team's background and experience with work similar to this project. This should
include examples of similar work indicating the responder's level of involvement in the project.
3.7. The Proposer shall summarize the key elements of the proposal and provide a discussion as to why
the firm should be selected for this project.
® ® A"Qualification Based Selection"method will be used to review proposals submitted in response
to this RFP. The responder must not include either price information or hour summaries inthe
body of the proposal.
4. PRoposAL EvALuAnoN
Representatives of Washington County and the City of Stillwater will evaluate all responses received
by the deadline. All responses will be evaluated on the basis of qualifications so the to (s)should be
fully aware that their experience in providing similar services or projects within the Twin Cities
Metropolitan Area will strongly influence their scores. A 100-percent scale will be used to create the
final evaluation recommendation.
The factors and weighting on is proposals will be judged are:
Expressed understanding of the project objectives 151®
0
0
2) Project Approach and Methodology including completeness,quality,and over
— technical competence of the proposal approach,work plan,and schedule 3 15%
3) Project Manager qualifications including,experience,availability,and work on
smu.ar projects 30%
4) Team Qualifications including,experience,availability,and work on similar
ects 20%
Proposals will be evaluated and a successful responder will be chosen on the basis of qualifications
only. The successful responder will be required to submit a detailed scope of services and budget
promptly after selection. Washington County and the successful responder will then meet to negotiate
the final scope of services and compensation. If Washington County and the successful responder are
unable to agree upon a scope of services and compensation within a reasonable time,as determined by
Washington County,then negotiations may commence with the next highest-ranked responder.
The County reserves the right to waive any for irregularities in the proposal request process. The
County reserves the right to interview any,all,or none of the respondents at its discretion.The County
shall not be liable for any expenses incurred by the Consultant including but not limited to expenses
associated with the preparation of the proposal.
Page 11 of 17
Osgood Avenue North(CSAII 24) Washington County Public Works
Pavement Management&Safety Improvement Project September 2016
Prospective Consultants should thoroughly read the CONTRACT TERMS AND CONDITIONS
attached hereto (Appendix A) as the Consultant to whom the contract is awarded shall be required to
comply with the terms and conditions contained therein.
5. PRoPosAL SuBmrrrAL
All proposals must be sent to:
Allan Brandt,Project Manager
al I an.bra nd lj&o�jva shi�nyto........n.mn.us
.....
Washington County Public or
11660 Myeron Road North
Stillwater,MN 55082
Interested firms must both submit to the e-mail address above and deliver five(5) copies in a sealed
package clearly marked as follows: "Osgood Avenue North (CSAH 24)Pavement Management&
Safety hnprovement Project Proposal!'. Each copy of the proposal must be signed by an authorized
representative of the firm. Submit all copies to the address indicated above,no later than 3:00 pra on
September 28,2016. Late submittals will not be considered and will be returned.
6. PROPOSAL UESTIONS
If you are interested in submitting a proposal for this service you must email Allan Brandt, Project
Manager, indicating your interest and your contact person by September 14, 2016. All questions
regarding this RFP must be sent via electronic mail to the following contact:
Allan Brandt,Project Manager
Only written questions will receive responses. Washington County reserves the right to disregard
questions received after 3:00 PM on September 16,2016. If a question pertains to a clarification of this
RFP,the question and answer will be forwarded to all Consultants who expressed interest in submitting
a proposal. A copy of all written questions submitted,with responses, will be distributed to interested
Consultants no It than 3:00 PM on September 21,2016.
Please note that no other Washington County personnel are all to discuss this RFP with anyone,
including Respondents, before the proposal submission deadline. This RFP does not obligate the
County to award a Contract or complete the project. The County reserves the right to reject any or all
proposals.
Page 12 of 17
Osgood Avenue North(CSAH 24) Washington County Public or
Pavement Management&Safety Improvement Project September 2016
APPENDIX A
REQUIRED CONTRACT TERMS AND CONDITIONS
A contract will be prepared by Washington County upon selection of a firm.
Appropriate language will be added to document the specific nature and scope of services,
costs, responsibilities, and liabilities of each party. Additional areas of concern may be
incorporated, subject to mutual agreement between parties. General conditions set forth in this
section will be incorporated into the professional services agreement. The following provisions I
through XVII must be included in any contract and are non-negotiable.
1. DOCUMENTFORMAT
All word processing documents shall be done and provided to the County in Microsoft
Word format, and not converted from other formats. Data files shall be provided in
Microsoft Excel format. CAD files shall be provided in AutoCAD or it tion format.
II. NONDISCRIMINATION
The Consultant agrees to comply with the nondiscrimination provision set forth in
Minnesota Statute 181.59. The Consultant's failure to comply with section 181.59 may
result in cancellation or termination of the agreement, and all money due or to become
due under the contract may be forfeited for a second or any subsequent violation oft
terms or conditions of this contract.
Ill. STANDARDS
The Consultant shall comply with all applicable Federal law, State statutes, Federal and
State regulations, and local ordinances now in effect or hereafter adopted.
Failure to meet the requirements of the above shall be a substantial breach of the
agreement and will be cause for cancellation of this contract.
IV. POSSESSION OF FIREARMS ON COUNTY PREMISES
Unless specifically required by the terms of this contract, no provider of services
pursuant tothis contract, including but not limited to employees, agents or
subcontractors of the (Vendor or Consultant, depending upon which term is used) shall
carry or possess a firearm on County premises or it acting on behalf of Washington
County pursuant
tot terms of this agreement. Violation of this provision shall be
considered a substantial breach oft Agreement; and, in addition to any other remedy
available tot County under law or equity. Violation of this provision is grounds for
immediate suspension or termination of this contract.
V. SUBCONTRACTING ANDASSIGNMENT
The Consultant shall not enter into any subcontract for performance of any services
contemplated under this agreement; nor novate or assign any interest int agreement,
without the prior written approval of the County. Any assignment or novation may be
made subject to such conditions and provisions as the County may impose. If the
Consultant subcontracts the obligations under this agreement, the Consultant shall be
responsible for the performance of all obligations by the subcontractors.
Page 13 of 17
Osgood Avenue North(CSAH 24) Washington County Public Works
Pavement Management&Safety Improvement Project September 2016
VI. SUBCONTRACTOR PROMPT PAYMENT
Pursuant to Minnesota Statute §471.425 subd. 4a., Consultant shall pay any
subcontractors within 10 days oft Consultant's receipt of payment from the County for
undisputed services provided by the subcontractor. The Consultant shall pay interest of
1Y2 percent per month, or any part of a month, to the subcontractor on any disputed
amount not paid on time to the subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less
than $100, the prime Consultant shall pay the actual penalty due to the subcontractor.
The subcontractor shall have third party rights under this agreement to enforce this
provision.
VII. DATA PRACTICES
All data collected, created, maintained or disseminated for any purposes by the activities
of the Consultant because of this agreement is governed by the Minnesota government
Data Practices Act, Minnesota Statutes Chapter 13 (Act) as amended, and the
Consultant shall comply with the requirements of the Act as if it were a government
entity. The remedies insection 13.08 of the Act shall apply to the Consultant.
Vill. AUDITS, REPORTS, RECORDS AND MONITORING PROCEDURESIRECORDS
AVAILABILITY& RETENTION
Pursuant to Minn. Stat. section 16C.05 subd. 5, the Consultant will:
Maintain records which reflect all revenues, costs incurred and services provided in the
performance of this Agreement.
Agree that the County,the State Auditor, or legislative authority, or any of their duly
authorized representatives at any time during normal business hours, and as often as
they may deem reasonably necessary, shall have access to and the right to examine,
audit, excerpt, and transcribe any books, documents, papers, records, etc., and
accounting procedures and practices and involve transactions relating tothis agreement.
The Consultant agrees to maintain these records for a period of six(6)years from the
date of the termination of this agreement.
IX JURISDICTION &VENUE
This contract, amendments and supplements thereto, shall be governed by the laws of
the to of Minnesota. All actions brought under this agreement shall be brought
exclusively in Minnesota State Courts of competent jurisdiction with venue in
Washington County.
X CONTRACTOR DEBARMENT, SUSPENSION AND RESPONSIBILITY
CERTIFICATION
Federal Regulation 45 CFR 92.35 prohibits the County from purchasing goods or
services with federal money from vendors who have been suspended or debarred by the
federal government. Similarly, Minnesota Statutes, Section 16C.03, subdivision 2,
provides the Commissioner of Administration with the authority to debar and suspend
vendors hos to contract with the County. Consultants may be suspended or
debarred when it is determined through a duly authorized hearing process, that they
have use the public trust in a serious manner.
Page 14 of 17
Osgood Avenue North(CSAH 24) Washington County Public Works
Pavement Management&Safety Improvement Project September 2016
By signing this agreement, the Consultant certifies that it and its principals* and
employees:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from transacting business by or with any federal, state, or
local governmental department or agency; and
B. Have not within a three year-period preceding this agreement: 1) been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain or performing a public
(federal, state, or local government)transaction or contract, 2)violated any federal or
state antitrust statutes, or 3)committed embezzlement, theft,forgery, bribery,
falsification or destruction of records, making false statements or receiving stolen
property; and
C. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity for:
1) commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain or performing a public(federal, state, or local government)
transaction,
2) violating any federal ors antitrust statutes, or
3) committing embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements or receiving stolen property; and
D,Are not aware of any information and possess no knowledge that any
subcontractor(s), that will perform work pursuant to this agreement, are in violation of
any
oft certifications set forth above; and
E. Shall immediately give written notice tot contract manager should the Consultant
come under investigation for allegations of fraud or a criminal offense in connection
with obtaining or performing a public(federal, state, or local government)transaction,
violating any federal or state antitrust statute, or committing embezzlement, theft,
forgery, bribery,falsification of records, making false statements, or receiving stolen
property-
*Principals, forte purpose of this certification, an officers, directors, owners,
partners, and persons having primary management or supervisory responsibilities within
a business entity(e.g., general manager, plant manager, head of subsidiary division or
business segment, and similar positions).
I. INDEMNIFICATION
The Consultant agrees it will defend, indemnify and hold harmless the County, its
officers and employees against any and all liability, loss, costs, damages, and expenses
is the County, its officers, or employees may hereafter sustain, incur, or be required
to pay arising out of the negligent or willful acts oro i in oft Consultant in the
performance of this agreement.
Page 15 of 17
Osgood Avenue North(CSAH 24) Washington County Public Works
Pavement Management&Safety Improvement Project September 2016
XII. INSURANCE REQUIREMENTS
The Consultant agrees that in order to protect itself, as well as the County, under the
indemnity provisions set forth above, it will at all times during the term of this Agreement,
keep in force the following insurance protection int limits specified:
A. Commercial General Liability and Professional Liability with contractual liability
coverage int amount of the County's tort liability limits set forth in Minnesota
Statute 466.04 and as amended from time to time.
B. Automobile coverage in the amount of the County's tort liability limits set forth in
Minnesota Statute 466.04 and as amended from time to time.
C. Worker's Compensation in statutory amount. (if applicable)
Prior to the effective date of this Agreement, the Consultant will furnish the County with a
current and valid proof of insurance certificate indicating insurance coverage in the
amounts required by this agreement. This certificate of insurance shall be on file with
the County throughout the term of the agreement.As a condition subsequent tothis
agreement, Consultant shall insure that the certificate of insurance provided to the
County will at all times be current. The parties agree that failure by the Consultant to
maintain a current certificate of insurance with the County shall be a substantial breach
of the contract and payments on the contract shall be withheld by the County until a
certificate of insurance showing current insurance coverage in amounts required by the
contract is provided to the County.
Any policy obtained and maintained under this clause shall provide that it shall not be
cancelled, materially changed, or not renewed without thirty days notice thereof to the
County.
XIII. INDEPENDENT CONTRACTOR
It will be agreed that nothing within the contract is intended or should be construed in
any manner as creating or establishing the relationship of co-partners between the
parties or as constituting the Consultant as the agent, representative, or employee of the
County ort Public Works Department for any purpose or in any manner whatsoever.
The Consultant is to be and shall remain an independent Consultant with respect to all
services performed under this agreement.
The Consultant will secure, at its own expense, all personnel required in performing
services under the agreement. Any and all personnel of the Consultant or other persons,
while engaged in the performance of any work ors is required by the Consultant
under this agreement shall have no contractual relationship with the County or the Public
Works Department and shall not be considered employees of the County or Public
Works Department.
XIV. MODIFICATIONS
Any material alteration, modification, or variation shall be reduced to writing as an
amendment and signed by the parties. Any alterations, modifications, or variations
Page 16 of 17
Osgood Avenue North(CSAH 24) Washington County Public Works
Pavement Management&Safety Improvement Project September 2016
deemed not to be material by agreement of the County and the Consultant shall not
require written approval.
®
MERGER
It is understood and agreed that the entire agreement of the parties is contained here
and that this contract supersedes all oral agreements and negotiations between the
parties relating tothis subject matter. All items referred to in this contract are
incorporated or attached and deemed to be part of the contract.
XVI. CANCELLATION
The County may cancel this Agreement at any time upon giving fifteen (1 5)days written
notice sent to the Consultant at the address above.
XVII. SERMCES BEYOND THE SCOPE OF THIS CONTRACT
Any additional tasks added to this project must be by written amendment to this Contract
signed by both parties.
Page 17 of 17
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POLICE DEPARTMENT
CITY OF OAIK PARK HEIGHTS
14168 OAK PARK BLVD.NORTH-P.O.BOX 2007
OAK PARK HEIGHTS,MINNESOTA 55082
TELEPHONE:(651)439-4723
FAX:(651)439-3639
EMERGENCY:911
August 31,2016
En response to a couple of vocal complaints that cars are"flying"on:Paris Avenue the police
department conducted a 2 stage approach to evaluation of-the actual situation. As we,know
many times residents are unware of actual speeds of vehicles they see oft=times secing a
vehicle traveling the post speed or slightly as and compare that to the speeds of most other
vehicles they see that travel in residential areas which are often travelin.g much lower than posted
speeds.
Theradar trailer was placed in the areabor approximately a weeks an education/reminder to
drivers in the area of the posted speeds.
Officers then conducted directed stationary enforcement in the area for=other wed. Dundag
this time officers,were,in marked an,d tmmarked sq=Ls evaluating traffic in.all dimctians.
Officers logged the number of vehicles and the speed of each vehicle. This area is also
frequently patrolled by officers as well,
'rhe results for tine stationary directed enforcement are as follows.
12 specific enforcement periods of a Y2 In or longer at varying thnes of t1w day and evening.,
313 -total-vehicles documented.
2 vehicles that were 35 and 36 mph.
27 vehicles between the speeds of 31 and 34 mph.
All other vehicles were below the speed of 30 mph.
We could only hope forsimilar voluntary compliance in all areas of the city! There is not a
notable issue in this area as the coo.plainants argued. Historical enforcement also reflects this
with little or no citationactivity. in this area with frequent patrols by officers.
Chief DeRosier
Eric Johnson
From: Karen 1011 <KKi11l@mnwcc1.org>
Sent: Thursday,August 25,2016 8:09 AM
To: IBill Turnblad (b-tuirnbliad@ci.stlillwater.mn.0 ); lBr.yan Bear(bbear@ci.1hugo.rnn.us); Eric
Johnson;Grant Cleriq I Township Cleriq Shawn Sanders, Stephen Wensman;
Stillwater Township Cler1k
Subje&. 8CWD Public Hearing - McKusick Road Sty rmwater Ilmprovernents Project
Attachments: McKusick Rd Prect Communit.y INotice 8-25-2016 with attachore nts.pd-f
NOTICE OF PUBLIC HEARING
BROWN'S CREEK WATERSHED DISTRICT
PLEASETAKE NOTICE that on Wednesday,September 14,2016,at 6:30 p.m.,the Brown's Creek Watershed.District
Board of Managers will hold a public hearing to receive comments on the District's proposed McKusick Road
Stormwater Retrofit Project in Stillwter.
BCWD has identified the McKusick Road retrofit opportunity in Stillwater to reduce sediment loading to Brown's
Creek in Stillwater., By working with the Washington County to retrofit McKusick Road during a 2017 road
improvement projectBCWD will install seven catch basin retrofts with separation devices and three underground
water quality tanks to trap 13 tons of sediment and fin atables from the roadway. Brown's Creek Watershed District
and Washington CounLy will work together. This project is proposed to begin in 2017.
'The estimated total cost for the project is $385,000. The project will be funded through a county-wide ad valorem
levy as as diorized by Minnesota Statutes chapter 103B in the amount of$91,750,Washington County Public Works
in the amount of$20,000,and state Clean Water Land and Legacy grant funds in the amount of$274,250.
The public hearing will be held at Family Means, 1.075 Northwestern Ave,Stillwater,Minnesota.
Gerald Johnson,Secretary,Browns Creek Watershed District
Karen Kill
Administrator
Brown's Creek Watershed District
455 Hayward.Ave N
Oakdale,MN 55128
651-330-8220 x26(office)
651-331-8316(cell)
rna
21 INFORMATION MEMO
L�AGUE OF Special Vehicles Operating on City
MINNESOTA
CITIES Streets
Vehicles showing up on or along city streets and sidewalks include all-terrain vehicles (ATFS), go#"
carts, motorcycles, autocycles,pedicabs, rickshaws, mini-trucks, motorizedfoot scooters,pocket bikes,
mini-motorcycles, motorized bicycles, and electric-assisted bicycles. Learn what traffic and vehicle
regulations state andjederal laws impose, and additional possible regulations cities can enact through
local ordinances.
RELEVANT LINKS: 1. Laws controlling special vehicles
Minn.Stat.ch.169. Most traffic and vehicle regulations are provided in state and federal law,
Minn.Stat.§169.04. This memo focuses only on particular vehicles, applicable federal and state
laws, and possible additional local regulations.
11. State regulations
The Department of Natural Resources(DNR)regulates the operation of
Minn.Stat§84.90. recreational vehicles and a subset of recreational vehicles called off-highway
See Appendix A,City or vehicles(OHVs). Some vehicles fit both categories. For example, an ATV
State Reg%dation. may be an off-highway vehicle and a recreational vehicle depending on
where it's being operated. Since the terms are so closely related,the
following information describes the distinction:
Minn.Stat.§84.771. e Recreational vehicles: Any self-propelled vehicle and any vehicle
propelled or drawn by a self-propelled vehicle used for recreational
purposes, including but not limited to snowmobiles, trail bikes,ATVs,
utility task vehicles,hovercraft, and motor vehicles used for recreation.
e
® i vehicles: Off-highway motorcycles, including trail bikes,
off-road four wheeled vehicles and all-terrain vehicles(ATVs).
A. State regulation: recreational vehicles
Minn.Stat.§84.90. State regulation of recreational vehicles is specific. Within the seven-county
Minn.Stat.§473.121,subd.
2. metropolitan area, a person must have written or oral permission to operate a
Minn.Stat,§84.90,subd.6. recreational motor vehicle on someone else's property. Outside the
metropolitan area, a person must not operate a recreational motor vehicle
after the owner provides notice not to do so, either orally or by a written or
posted notice. State law specifically allows cities to impose additional
restrictions or prohibitions on operation of recreational motor vehicles on
property not owned by the operator.
145 University Ave.West www.imc.org 8/4/2016
Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 0 2016 All Rights Reserved
RELEVANT LINKS:
Mirm.Stat.§§84.81,89. A"snowmobile" is a self-propelled vehicle designed for travel on snow or
Minn.Stat.§84.81,subd.3.
Minn.Stat.§84.82. ice and steered by skis or runners. to law classifies snowmobiles as
Minn•R.6100 5000. recreational vehicles. There are extensive regulations in law and rule that
Minn.Stat.§84.872.
Minn.R.6100.5200. apply to operating a snowmobile,which are beyond the scope of this memo.
Minnesota Department of In summary,however,most snowmobiles must be registered with the state,
Natural Resources:2015-
2016 Snowmobile and young people under the age of 18 must comply with specific restrictions.
Regulations. Snowmobiles may be operated on public lands or waters under the
sdiction of the DNR with certain restrictions.
B. State regulation: 0HVs;
Minn.Stat.§§84.773-.781. OHVs may operate only in certain public areas and on designated OHV
Minnesota Department of
Natural Resources:2015® trails. to regulations of OffVs apply outside of city boundaries. A person
2016 Off-Highway Vehicle may not operate an OITV:
Regulations.
Minn.Slat.§84373. 0 On a trail or public land that is designated or'signed for non®motolized
use only.
• On restricted areas within public lands that are posted or where to or
other clearly visible structures are placed to prevent unauthorized
motorized vehicle access.
• In public waters, except asspecifically authorized by DNR law or rule.
• hi a state park, scientific and natural area, or wildlife management area.
• In a DNR identified calcareous fen(rare and distinctive wetlands). Cities
do not regulate OHVs because,by definition,they operate off-road. If an
OHV, such as a motorcycle ora trail bike, operates on public roads, it is
subject to state law governing motorcycles.
C. State regulation: ATVs and utility task vehicles
Minn.Stat.§84.92,subds.8- State law defines an"all-terrain vehicle" or"vehicle" as a motorized vehicle
10. with:
• Not less than three,but not more than six low-pressure or non-pneumatic
tires.
• A
to dry weight of 2,000 pounds or less.
• A total width from outside of tire rim to outside of tire rim that is 65
inches or less.
All-terrain vehicle includes a Class I all-teffain vehiclelass 2 all-
terrain vehicle. All-terrain vehicle does not include a of cart,mini-truck,
dune buggy, go-cart, or a vehicle designed and used specifically for lawn
maintenance, agriculture, logging, or mining purposes.
State law further defines ATVs as follows, effective July 1,2015:
League of Minnesota Cities Information Memo: 8/4/2016
Special Vehicles Operating on City Streets Page 2
RELEVANT LINKS:
a A"Class I all-terrain vehicle"is an all® in vehicle that has a total
Minn.Stat.§84.92,subds.9- width from outside of tire rim to outside of tire rim that is 50 inches or
10. less.
CHV Regulations in the e A"Class 2 all-terrain vehicle" is an all-terrain vehicle that has a total
Agricultural Zone, width from outside of tire rim to outside of tire rim that is greater than 50
Minn.Stat.§94.797 subds.1,
7. inches but not more than 65 inches.
Note that utility to vehicles (UTVs) fit the definition of a Class I or Class 2
ATV based on the width of the tire rim. Due to larger sized tires,most UTVs
fit the definition of a Class 2 ATV when used for recreational purposes.
Minnesota law prohibits the riding of Class I ATVs in ditches(or rights-of-
way) south of the agriculture line(roughly from Moorhead to Taylors Falls
on Highway 10 and Highway 95)between April I and Aug. 1. This does
not apply to ATVs licensed and used for agricultural purposes.
Minn.Star.§§84.92-.9275. The operation of Class 2 ATVs in ditches is prohibited altogether.As
discussed in this memo, cities may also regulate both classes of ATVs.
Ill. City regulation
A. Regulating golf carts, UTVs, Class I ATVs, and
mini-trucks (special vehicles)
Minn.Star.§169.045. Cities may adopt an ordinance permitting the operation of of carts, smaller
See LMC Sample Ordinance ATVs,utilt to vehicles, and mini-trucks on city streets. This is a local
Regulating Special Vehicles. decision, so if a city does not specifically permit the use of these special
vehicles,they may not operate on city streets.
Note that city regulation of special vehicles does not apply to their use on
private property. If vehicles operating on private property cause other
problems, such as excessive noise, it may become a nuisance issue,but the
operation of the vehicles on private property is not otherwise subject to city
regulation. Descriptions of the special vehicles cities may regulate by permit
are as follows.
1. Golf carts
Minn.Stat§169.045,subd. The to "motorized of carts" is not further defined iris to la1.
w.
Regardless, operation of a motorized of cart on city streets may only be
done with a city-issued permit. There are many types of of carts, including
electric and gas powered,but all generally have a small wheel base and are
not completely enclosed.
League of Minnesota Cities Information Memo: 8/4/2016
Special Vehicles Operating on City Streets Page 3
RELEVANT LINKS:
2. ATVs
Minn.Stat.§169.045,subd, For permitting purposes, a"four-wheel ATV" is a Class I four-wheel
1. motorized flotation-tired vehicle with four low-pressure tires that is limited
ink, in engine displacement of less than 800 cubic centimeters and total dry
weight less than 600 pounds. (In 2010,the legislature changed the dry weight
of both Class I and 2 ATVs in one section of law—Minn. Stat. § 84.92—but
did not change the weight of a Class I ATV in Minn. Stat. §169.045). Even
with a city permit, a person must not operate an ATV on a public street or
highway unless the vehicle has working head- and taillights and brakes.
3. Utility task vehicles
Minn.Stat,§169.045,sued. State law was amended in 2011 to allow cities to issue permits to operate
] (3). utility task vehicles on city streets. As with the other special vehicles—
motorized of carts, ®t vehicles,or mini-trucks--operation of a
utility task vehicle on city streets is authorized only by a city-issued it.
A UTV is a side-by-side, four-wheel drive,off-road vehicle that has four
wheels, is propelled by an internal combustion engine with a piston
displacement capacity of 1,200 cubic centimeters or less, and has a total dry
weight of 1,800 but less than 2,600 pounds. UTVs differ from ATVs; they
are heavier,have side-by-side front seats, and some sort of roof structure.
"Untitled ky Diamond Back
Truck Covers"is licensed
under CC B Y 2.0.
4. Mini-trucks
A 66mini-truck7 is a motor vehicle that:
Minn,Stat.§169.011,subd. e Has four wheels.
40a.
Minn.Stat.§169.045. * Is propelled by an electric motor or an internal combustion engine with
an enclosed cabin and a seat for the vehicle operator.
0 Commonly resembles a pickup truck or van, including having a cargo
area or bed located at the rear of the vehicle.
9 Was not originally manufactured to meet federal motor vehicle safety
standards, but must have head lamps; an exterior mirror mounted on the
driver's side of the vehicle; either an exterior mirror mounted on the
passenger's side of the vehicle or an interior mirror; a windshield; a seat
belt for the driver and front passenger; and a parking brake.
B. City permitting ordinance
City regulation of these special vehicles requires a permitting scheme. Cities
may issue permits as spelled out in a to ordinance so residents may
operate mini-trucks, of carts,UTVs, or ATVs on designated roadways
under city jurisdiction. Such ordinances must:
League of Minnesota Cities Information Memo: 8/4/2016
Special Vehicles Operating on City Streets Page 4
RELEVANT LINKS:
Minn.Stat.§169.045. 0 Regulate only what the state law allows a city to regulate.
Minn.Stat.§169.022.
• Be merely additional and complementary to a state law by covering
specifically what the statute covers generally.
• Provide the same procedural protections as the state law when
prosecuting offenses covered by an ordinance.
• Not prohibit what state law allows.
Beckius v.City ql'Canb"v,No. One case provides some guidance concerning a local ordinance regulating
A07-1497(Diinn.Ct.App-
July 1,2008)(unpubhshed of carts. This is an unpublished case,which means it does not set precedent
decision). or carry much weight legally,but it may be instructive in general terms. The
case found that uniformity is the goal of the state law on permitting special
vehicles. So if cities allow special vehicles on city streets,the regulations
should be consistent from city to city. The Minnesota Court of Appeals found
that a city ordinance requiring that not only drivers but also passengers on a
golf cart have a permit(and a disability)to ride on a of cart goes beyond
what state law allows. The Court found that state law pre-empts such a
unique restriction by one city. Thus,local ordinances governing special
vehicles may not prohibit what state law allows or to what state law
prohibits.
1. Permitting scheme in ordinance
Minn.Stat§169.045. Local ordinances must describe the application process ora permit. A city
Minn.Stat.§169.345,subd.
2(f). ordinance may also set out conditions a person must meet to get an operator's
it. Cities may revoke permits if owners show an inability to operate the
vehicles safely but cities must to a person to dispute the revocation.
2. Specific vehicle requirements
Minn.Stat.§169.045,subd. State law includes some vehicle-specific requirements that must be in each
4 citing Minn.Stat.§
169.522. city ordinance. Specifically,the local ordinance to
0 Require all golf carts to display a slow-moving vehicle emblem.
0 Limit the operation of of carts,UTVs, and ATVs on designated
roadways to between sunrise and sunset.
Minn.Stat.§169.045,subd. e Prohibit the operation of golf carts,UTVs, and ATVs in inclement
5.
Minn.Stat.§169.045,subd. weather or when visibility is ® by weather, smoke, fog,or other
7. conditions, or at any time when there is insufficient light to clearly see
Minn.Stat.§169.70.
Minn.Stat.§169.045,subd. persons or vehicles on the roadway at a distance of 500 feet.
7a. e Not require that UTV,ATV, and of cart operators have a driver's
license. (However, operators must be of enough to purchase insurance
on the special vehicle. This is discussed below).
Minn,Stat.§ 169.045,subd. 0 Require mini-trucks to have at least two headlamps, at least two tail
& lamps, and front and rear all lamps.
Minn,Stat,§651.3.48,sub&5. 9 Require mini-truck operators to have a valid driver's license.
League of Minnesota Cities Information Memo: 8/4/2016
Special Vehlcles Operating on City Streets Page 5
RELEVANT LINKS:
• Allow the operators of any special vehicle to cross any street or highway
that intersects a designated roadway.
• Require all special vehicles to have rear-view mirrors.
• State law requires insurance--on 0 three types of special vehicles—that
complies with insurance ora motorcycle. City ordinances must require
evidence of insurance complying with state law. Therefore, a person must
present proof of insurance on the golf cart, UTV,ATV, or mini-track
before the city issues them a permit. If a person cannot get insurance on a
special vehicle,the state insurance plan offers coverage.
See LMC Sample ordinance The sample ordinances linked here seta the basic requirements for
Regulating Special Vehicles
and permitting these special vehicles in a city® Before adopting any of these
LMC Sample Ordinance ordinances, a city should review it with its attorney to adapt it to the city's
Regulating Recreational
Vehicles. specific circumstances. Because provisions in these ordinances are related to
state statutes and affect state and federal constitutional rights,the city
attorney should review any modifications to ensure they conform to current
state law and legal decisions.
C. Recreational vehicles on public waters
Minn.R.6102.0050,sulip.3. The DNR governs the operation of vehicles on public waters. In this context,
a recreational vehicle is defined as an:
• ATV.
• Off-highway motorcycle.
• Off-road vehicle.
Minnesota Dep neat of Subject to DNR approval, a city may,by ordinance,regulate the operation
Natuml Resources.
DNR samples:Water Surface and the period of time within which recreational vehicles may operate on
Ordinance,Water Surface frozen public waters in their boundaries. According to the DNR,the best way
Checklist,Water Surface
Worksheet,Joint Powers to do this is to contact them and use their documents as needed.
Agreement.
Contact:Boat and Water
Safety Section:
fixfb.dnr@s1ate.rnn.us
(651)259-5400 or 1-888
646-6367
D. Regulating ATVs in cities
Cities have choices with respect to regulating ATVs, including:
Minn.Stat.§84.928,sulid. 0 Allowing operation of both Class I and Class 2 ATVs only alongside city
1(d).
Minn.Stat§169.045. Ss—in the right-of-way—under state law.
0 Prohibiting operation of ATVs altogether in city boundaries.
Minn.Stat§84.928,subd. 0 Allowing operation of Class 1 ATVs on city streets by pen-nit in the same
I(d). way golf carts and mini-trucks are regulated and discussed above.
League of Minnesota Cities Information Memo: 8/4/2016
Special Vehicles Operating on City Streets Page 6
RELEVANT LINKS:
Minn.Stat.§84.928,subd. 0 Declining to regulate ATVs in the city and,by doing so, allowing state
I(d). law regulating operation of ATVs to apply to any county or state road
right-of-way in city boundaries.
1. Regulation by ordinance
If a city council chooses to regulate ATVs,it must pass an ordinance.
Councils may pass ordinances allowing both ATV operation by permit and
ATV operation in the right-of-way.
2. ATVS operating in the city right-of-way
Minn.Stat.§84.929,subd. If a city is to either to or prohibit operation of ATVs in the city right-
I(d). of-way,the city council must first of a public hearing. Some cities pass an
See LMC Sample ordinance ordinance combining the use of ATVs and snowmobiles along the same city
Regulating Recreational
Vehicles street right-of-ways. Many cities sea map of the city to designate specific
streets in the city where either ATVs or snowmobiles or both may operate in
the right-of-way. This may include the larger Class 2 ATVs. (Note, as
discussed previously, if a city council chooses to regulate operation of ATVs
by permit, it applies only to smaller Class 1 ATVs).
E. Regulating snowmobiles in cities
1. Right of way
Mirim,Stat.§$4.8.5. Cities may,by ordinance, all two-way operation of snowmobiles on either
Mina..Stat,§84.87. side of the right-of-way of a street or highway under city jurisdiction,where
the city, as road authority, determines that two-way operation will not
endanger users of the street or highway or riders of the snowmobiles using
the trail. Many cities use one ordinance to regulate operation of ATVs,
snowmobiles,or other recreational vehicles using the same map for all such
vehicles.
Minn.R.6100.5200,subp.2. City ordinances must comply with state law. Any penalties in a local
Minn.Stat.§84.795.
Minn.R.ch.7460. ordinance fora particular offense must match the penalty in state law for that
same offense. Cities must not charge fees to snowmobile operators and must
not require that operators possess a driver's license while operating the
snowmobile. Cities are not authorized to license snowmobiles.
2. Public waters
Minn.R.6100.5200,subp.2. Cities may,by resolution or ordinance,regulate the operation of
snowmobiles on public waters within their boundaries,provided such
resolution or ordinance is not inconsistent with law.No resolution or
ordinance restricting the period of time within which snowmobiles may be
operated on public waters shall be valid with respect to such restriction
unless first approved by the commissioner of DNR in writing.
League of Minnesota Cities Information Memo: 814/2016
Special Vehicles Operating on City Streets Page 7
RELEVANT LINKS:
F. Recreational vehicle lanes
Minn.Stat§160.262. The Minnesota Department of Transportation(MnDOT)has model standards
for the establishment of recreational vehicle lanes on and along proposed and
existing public highways. The model standards include the following:
Minn.R.8810.6000-.6100. 0 Criteria for desirability of a lane in any given location.
Minn.12.8810.6300.
Minn.R.8810.7000. 0 Provision for maintenance of the lanes.
0 The placement of the lanes in relation to roads.
The model standards govern state hunk highways.
Minn.Stat.§160.262,subd. Each statutory city may adopt the standards to govern highways under its
2. jurisdiction and may adapt them to local circumstances. The city must submit
to MnDOT its ordinance adopting the model standards. MnDOT must
approve the ordinance within 60 days after receipt upon finding that it meets
the minimum standards. This state approval means the city may qualify for
state or state-approved funding of recreational vehicle lane projects along
and on public highways in the city's jurisdiction.
G. Regulating neighborhood electric vehicles
medium-speed electric vehicles, and natural
gas vehicles in cities
..............
............ ....
Minn.Stat.§169.011,subd. A"neighborhood electric vehicle" (NEV) is an electrically powered motor
47.
Minn.Stat.§169.011,subd. vehicle that has four wheels, and has a speed attainable in one mile of at least
39. 20 miles per hour,but not more than 25 mph on a paved level surface.
49 C.F.R.§571.500.
"Medium-speed electric vehicles" (MSEV) are very similar,but must be
completely enclosed and can go slightly faster than an NEV. An MSEV is an
electrically powered four-wheeled motor vehicle that:
• Is equipped with a roll cage or crushproof body design.
• Can attain a maximum speed of 35 mph on a paved level surface.
• Is fully enclosed and has at least one door for entry.
• Has a wheelbase of 40 inches or greater and at wheel diameter of 10
inches or greater.
• Meets or exceeds regulations in the Code of Federal Regulations,title 49,
section 571.500, and successor requirements, except with respect to
maximum speed.
League of Minnesota Cities Information Memo: 8/412016
Special Vehicles Operating on City Streets Page 8
RELEVANT LINKS:
4a9 CYR,§571 500 Federal law, referenced in Minnesota statutes,requires that NEW or MSEVs
operating on public streets and highways meet these safety and equipment
standards.
Minn.Stat.§169224. State law also governs operation of these small car-like vehicles on public
roadways, allowing operation only on a street or highway with a speed limit
less than 35 mph(except to make a direct crossing of that street or highway).
And it gives cities the authority to prohibit or fin-ther restrict operation of
NEVs and MSEVs on city streets,but gives no particular instruction on how
cities might do this. Best practice suggests consultation with the city attorney
before fin-ther regulating these tiny cars.
2016 Minn.Laws ch.142,§3 "Natural gas vehicle"or"NGV"means a motor vehicle that is capable of
recoding MimL Stat.§
160.02,subd.21 a,as Minn. being propelled by natural gas, including compressed natural gas and
Stat§169.011,subd. 46a. liquefied natural gas. An NGV may exceed typical weight restrictions. to
2016 Minn.Laws ch.142
amending Minn.Stat§ and federal law regulates NGVs.
169.824,by adding subd.3.
IV. Other vehicles Subject to limited city
regulation
Some low® o vehicles are subject to limited city regulation. Cities cannot
generally prohibit or regulate non-motorized bicycles,motorized foot
scooters(like motorized Razofrm scooters)pocket bikes,mini-motorcycles,
motorized bicycles, or electric-assisted bicycles. State law governs operation
of these vehicles on public roadways.
A. Bicycles and electric-assisted bicycles
Minn.Stat,§169.x11,suEd. A"bicycle"is defined by state law to be any device capable of being
C propelled solely by human power upon which any person may ride, having
two tandem wheels and including any device generally recognized as a
Minn.Stat.§169.011,subd. bicycle though equipped with two front or rear wheels. The is "bicycle"
27. includes electric-assisted bicycles which are bicycles with electric motors
that travel up to 20 mph. Electric-assisted bikes have additional regulation in
state law.
Minn.Stat§169.011,subd. The is "bicycle"does not include mopeds, scooters, motorized foot
45. scooters, or similar devices. "Bicycles"are also not be confused with
motorized bicycles which have a gas or electric motor and travel between 20
and 30 mph at most.
1. Bicycles in general
Minn.Stat.§169.222. Persons operating bicycles have all of the rights and duties applicable to the
Minn.Stat.§169.72,subd.1. driver of any other vehicle, except as provided by law. A city cannot prohibit
persons from riding in the road, even if a bicycle path is available.
League of Minnesota Cities Information Memo: 8/4/2016
Special Vehicles Operating on City Streets Page 9
RELEVANT LINKS:
Minn.Stat.§169.222,subd. State law governs bicycle tires and brakes. Persons operating a bicycle upon
6, a roadway are required to ride as close as practicable to the right-hand curb
Minn,Stat§169,222,subd, or edge of the roadway,with certain exceptions. Cities may,by ordinance,
4. prohibit riding a bike on local sidewalks.A person riding a bike on the
shoulder of a roadway must travel in the same direction as the adjacent
vehicular traffic.
Minn.Stat.§169.222,subd. Bicycle events,parades, contests, or racing on a highway are legal ifs to or
10. local authorities having jurisdiction over that highway approve the event.
Participants in an approved bicycle highway event may be exempt from
complying with traffic laws if traffic control is adequate to assure the safety
of all highway users.
Mimi.Stat §160.263,subd. A city may,by ordinance, designate any roadway or portion of a roadway
under its jurisdiction as a bicycle lane, and designate any sidewalk or portion
thereof under its jurisdiction as a bicycle way,provided the designation does
not destroy a pedestrian way or pedestrian access.
A city that designates a bicycle way or bicycle lane may:
• Designate the type and character of vehicles or other modes of travel that
are allowed on the lanes or ways,provided this operation is not
inconsistent with the safe use and enjoyment of bicycles.
• Establish priority rights of way on the lane or way, and otherwise
regulate the use of the lane or way.
• Paint lines, construct curbs, or establish other physical separations to
exclude the use of the lane or way by vehicles other than those
specifically permitted by the city.
The city council may, after public hearing,prohibitthrough-traffic on any
highway or a highway portion if the°council has designated it as a bicycle
lane. Tbrough-traffic on a trunk highway may not be prohibited. The city
must erect and maintain official signs giving notice of the regulations and
priorities, and must also mark all bicycle lanes and bicycle ways with
appropriate signs.
Minn.Stat.§160.263,subd. The city council may,by resolution or ordinance, and without an engineering
4. or traffic investigation, designate a safe speed,not lower than 25 mph, for
any street or highway with an established bicycle lane. The ordinance or
resolution designating a safe speed is effective when the city has erected
appropriate signs designating the speed.
2. Pedicabs, rickshaws, or other similar vehicles
2016 Minn.Laws ch.96,§I A statutory or home rule charter city that licenses-and regulates small vehicle
amending Minn.Stat.§
221.091,subd.2, passenger service must do so by ordinance.The ordinance must,ata minimum,
provide for driver qualifications, insurance, vehicle safety, and periodic
vehicle inspections.
League of Minnesota Cities Information Memo: 8/4/2016
Special Vehicles Operating on City Streets Page 10
RELEVANT LINKS:
Minn.Stat.§221.021. A statutory or home rule charter city that has adopted an ordinance
complying with this subdivision may enforce the registration requirement
found in state law.
Minn.Stat.§169.011,subd. A statutory or home rule charter city that regulates,by ordinance, ca s,
27(3). rickshaws, or other similar vehicles used for passenger service may pen-nit
authorized vehicles to be equipped with an electric motor that meets the
requirements for an electric-assisted bicycle under state law.
3. Electric-assisted bicycles in particular
Minn,Stat§169.011,subd. An electric-assisted bicycle is defined as a bicycle that:
27.
0 Has two or three wheels that has a saddle and fully operable pedals for
human propulsion.
49 C%F.R�§571.1. 0 Meets the requirements of federal motor vehicle safety standards for a
16 C.FK§1512. motor-driven cycle or for bicycles under federal law, and
0 Has an electric motor that has a power output of not more than 1,000
W watts; is incapable of propelling the vehicle at ass of more than 20
IT miles per hour; is incapable of further increasing the speed of the device
when human power alone is used to propel the vehicle at a speed of more
than 20 miles per hour, and; disengages or ceases to function when the
vehicle's brakes are applied.
Minn.Stat.§168A.03,subd. An electric-assisted bicycle that fits the above definition does not require a
1. state-issued certificate of title.
Minn.Stat.§160.263,subd. A governing body may not prohibit or restrict operation of an electric-
2 assisted bicycle on any bikeway,roadway, or shoulder unless the governing
body determines that operation of the electric-assisted bicycle is not
consistent with the safety or general welfare of bikeway,roadway,or
Minn.Stat.§169.222,subd. shoulder users, or with the terms of any property conveyance. Otherwise, a
4. person may operate an electric-assisted bicycle(like any other bicycle) on the
shoulder of a roadway, on a bikeway, or on a bicycle trail if not otherwise
prohibited by state law.
Minn.Stat.§85.018,subd.4. While no motorized vehicle may be operated on state trails designated for
non-motorized use,this does not apply to electric-assisted bikes(or
motorized devices operated by an individual with a physical disability)
Minn.Stat.§169.222,subd. No one under age 15 may operate an electric-assisted bicycle anywhere in
6a. the state.
League of Minnesota Cities Information Memo: 8/4/2016
Special Vehicles Operating on City Streets Page 11
RELEVANT LINKS:
B. Motorized foot scooters
Minn.Stat.§169.011,subd. A"motorized f/lot Scooter"is a device with handlebars t at the operator G
46.
Minn.Stat.§169.225. stand or sit on,powered by an intemal combustion engine or electric motor
that is capable of propelling the device with or without human propulsion. It
has o ore o 12
-inch star ors ler wheels as engine
� or motor that is capable of a maximum speed.of 15 rr>;ph on a flat surface. If
operated under conditions when motor vehicle lights are required, a scooter
must have a headlight and a taillight that comply with standards established
by the commissioner of Public Safety.
Minn.Stat.§169.225. Motorized foot Scooter operators have the same rights and responsibilities as
bicycle riders. Operators must comply with the following rules: They must
ot operate on a sidewalk, except when necessary to enter or leave adjacent
property. They must not carry passengers. They must be at least 12 years old.
If under 18,they must wearhelmet.
Minn.Stat.§169.225,subd. A person operating a motorized foot scooter on a public street must ride as
6.
close as practicable to the right-hand curb or edge of the roadway, except i
e following situations:
• When overtaking and passinganother vehicle proceeding in the same
direction.
• When preparing for a left turn, ` c case the operator shall stop
dismount at the right-hand curb or right edge of the roadway, and shall
complete the turn by crossing a roadway on foot, ass pedestrian must
o.
• When reasonably necessary o avoid impediments or conditions at
make it unsafe to continue along the right-hand curb or edge.
Minn.Stat.§169.225,subd. Cities cannot prohibit or regulate motorized foot scooters on city streets.
6(3)(b). city may,however,prohibit motorized foot scooters on a bike path, lane,
trail, or bikeway designated for non-motorized use only and governedy a
local ordinance.
C. Motorized bicycle
Minn.Stat.§169.011,subd. Similarin function to an electric-assistedelectric-assisted bicycle, the more powerful
450
"motorized b
iotor' e iycle"or moped is a bicycle that fits the following parameters:
• Is propelled by an electric or a liquid el motor of a pistoni lac ent
capacity of 50 cubic centimeters or less.
a maximum of two brake horsepower.
vel not more than 30 miles per hour on a flat surface with not
ore than. 1 percent grade in any direction when the motor is engaged.
League of Minnesota Cities Information Memo: 8/4/2016
Special Vehicles Operating on City Streets Page 12
RELEVANT LINKS:
A motorized bicycle does not include an electfic-assista d bicycle as defined
MN DPS Motorcycle and above and in state law. Motorized bicycles are registered with the state as
Motorized Bicycle Manual. "mopeds."
Minn.Stat.§169.223,subd. Motorized bicycles are subject to state law governing operation of
1. motorcycles with several exceptions, including the following:
16 C.F.R.§1203. a Protective headgear includes helmets that meet national standards for
bicycle helmets.
Minn.Stat.§169.223,subds. e A motorized bicycle equipped with a headlight and taillight meeting the
I and 4° requirements of lighting for motorcycles may operate during nighttime
hours.
a Protective headgear is not required for operators 18 years of age or older.
Minn.Stat§169.222,subd. a Requirements for parking of motorized bicycles are the same as parking
9. of regular bikes.
Minn.Stat.§171.02,subd.3. A motorized bicycle may be operated under either a driver's license or a
Minnesota Motorcycle Safety
Center. special permit("moped permit"). The Minnesota Department of Public
Safety issues of motorized bicycle operator's permits and instructional
pen-nits.
Minn.,Stat,§ 169.223,subd. A person under the age of 16 operating a motorized bicycle under permit is
subject to the restrictions on motorcycles except that:
• A parent or guardian of an operator under the age of 16 may also ride on
the motorized bicycle as a passenger or operator if the motorized bicycle
is equipped with a seat and footrests for a second passenger.
• A motorized bicycle equipped with a headlight and taillight meeting the
requirements of lighting for motorcycles may be operated during
nighttime hours.
• Operators under age 18 must we protective headgear that meets
national standards.
Minn.Stat.§169.223,subd. Motorized bicycles must not operate on a sidewalk at any time, except3.
when
such operation is necessary for the most direct access to a roadway from a
driveway, alley, or building.
D. Motorcycles and autocycles
Minn.Stat.§169.011, "Motorcycle"includes motor scooters and autocycles. It is a motor vehicle
subd.44.
2016 Minn.Laws ch.114,§I having a seat or saddle for the use of the rider. It is designed to travel on not
arnending Minn.Stat.§ more than three wheels in contact with the ground.
169.011,adding subd.3a
NOTE: The to "motorcycle"does not include either motorized bicycles or
electric-assisted bicycles (as defined in state law and this memo)ora tractor.
League of Minnesota Cities Information Memo: 8/412016
Special Vehicles Operating on City Streets Page 13
RELEVANT LINKS:
Minn.Stat.§169.974. Motorcycle operators must have a valid standard driver's license with a two-
I wheeled vehicle endorsement as provided by law. The commissioner of
Public Safety will only issue a two-wheeled vehicle endorsement if the
applicant has a valid two-wheeled vehicle instruction permit. The
commissioner of Public Safety may issue a two-wheeled vehicle instruction
pen-nit to any person over 16 years of age. State law governs motorcycle
equipment, driving rules, and noise limitations.
An autocycle is defined as a motorcycle that:
0 Has three wheels in contact with the ground.
0 Is designed with seating that does not require operators or any occupants
to straddle or sit astride it.
0 Has a steering wheel.
a Is equipped with antilock brakes.
0 Is originally manufactured to meet federal motor vehicle safety standards
for motorcycles in Code of Federal Regulations,title 49,part 571, and
successor requirements.
Minn.Stat§171.02. A person may operate an autocycle without a two-wheeled vehicle, or
2016 Minn.Laws ch.]14,§3 motorcycle endorsement,provided the person has a valid driver's license. A
amending Mim.Stat.§ driver and passengers of an autocycle must properly use shoulder and lap
169.686,subd.1. seat belts.
E. Pocket bikes and mini-motorcycles
State law does not define or regulate the use of pocket bikes, also known as
mini-motorcycles,mini-bikes,mini-pocket rockets, or mini-choppers.
Marketed as toys,they stand only about 15 inches above the ground and
reach speeds ranging from 30 to 50 mph depending on the vehicle,the rider's
A weight and the riding surface.
Minn.Stat.§169.011,subd. Mini-motorcycles previously fit the definition of a motorized foot scooter in
46.
Minn.Stat.§169.011,subd. state law; however, current state law defines motorized foot scooters as
44. having a wheel size of 12 inches. Since the wheel size on most
Minn.Stat§169.974.
Minn.Stat§65B.48,subd.5. motorcycles is 10 inches,they no longer fit the state law definition for
motorized foot scooters. Thus, operation of mini-motorcycle with any size
wheel on public roads must likely comply with state law governing
otorcycles®And state law requires a valid driver's license or permit and
insurance to operate a motorcycle on public roads.
V. Vehicles used by pedestrians and generally
not subject to city regulation
Some low-power vehicles are for pedestrian use only and are not subject to
city regulation.
League of Minnesota Cities Information Memo: 8/4/2016
Special Vehicles Operating on City Streets Page 14
RELEVANT LINKS:
These include SegwaySTM,manual or motorized wheelchairs, scooters,
tricycles, or similar devices used by people with disabilities as a substitute
for walking.
A. SegwaySTM
Minn.Stat.§169.011,subd. to law defines a Sey as an"electric personal assistive mobility
26. device,"meaning a self balancing device with two non-tandem wheels,
designed to transport not more than one person, and operated by an electric
propulsion system that limits the maximum speed of the device to 15 mph. It
must have reflective material on the front,back, and wheels,visible at night
from 600 feet when illuminated by the" lower beams of headlamps,of a motor
vehicle.
Minn.Swt§169.212. A person operating a Segway has the rights and responsibilities of a
pedestrian under state law and must also follow specific rules:
e Operation may be on a bicycle path.
9 No person may operate it on a roadway, sidewalk, or bicycle path at a
rate of speed that is not reasonable and prudent under the conditions.
0 It may not carTy more than one person.
a A Sem, ay operator must use due care in operating the device.
g
Minn.Stat.§169.212,subd. A Segway may be operated on a roadway only under the following
2. circumstances:
@ While making a direct crossing of a roadway in a marked or um-narked
cross wak
e Where no sidewalk is available.
* Where a sidewalk is so obstructed as to prevent safe use.
* When so directed by a traffic control device or by a peace officer.
a Temporarily in or to gain access to a motor vehicle.
Minn.Stat.§169,212,subd. A Segway may not be operated at any time on a roadway with a speed limit
2. of more than 35 mph except to make a direct crossing of the roadway in a
marked crosswalk. A person operating a Se ay on a sidewalk must yield
the right-of-way to pedestrians at all times. A person operating a Segway on
a bicycle path must yield the right-of-way to bicycles at all times.
Minn.Star.§169.212,subd. A city may not prohibit or further regulate the operation of Segways, except
4. that a city may to and regulate the operation of these devices on roadways
within its jurisdiction that have a speed limit of more than 35 mph.
B. Wheelchairs, scooters, and tricycles
Minn.Stat.§169.011,subd. State law defines a"wheelchair"to include any manual or motorized
93. wheelchair, scooter,tricycle, or similar device used by a disabled person as a
substitute for walking.
League of Minnesota Cities information Memo: 8/4/2016
Special Vehicles Operating on City Streets Page 15
RELEVANT LINKS:
Minn.Stat§169.21. A person using a wheelchair must comply with state law governing
Minn.Stat.§169.21,subd.5. pedestrians because thedefinition of"pedestrian" is any person on foot or in
a wheelchair. Specifically, a person using a wheelchair along a roadway must
stay on the left side of the street or its shoulder giving way to oncoming
traffic. Where there are accessible sidewalks pedestrians in wheelchairs must
use them.
V1. Conclusion
LMC information memo, The proliferation of specialized vehicles is likely to continue. The state
Acquisition and Maintenance
®forty Streets. recognizes city authority to regulate many of these vehicles toes e safe
local streets. Cities regulate these particular vehicles by passing ordinances.
Best practice suggests close consultation with the city attorney to ensure that
local ordinances accomplish the desired level of regulation and are consistent
with state and federal law.
League of Minnesota Cities Information Memo: 8/4/2016
Special Vehicles Operating on City Streets Page 16
Appendix A.,,, State or City regulation
.....................
Vehicles Includes Who regulates the operation Statutory cites
.................................................
Off-highway vehicles Off-highway vehicles Off- State--outside city boundaries Minn.Stat.§§84371-
highway motorcycles Offroad 84.781(off.-highway
vehicles Snowmobiles,Utility vehicles). Minn.Stat.§§
task.vehicles(Us)All-terrain 84.787 84.796(off-highway
vehicles(ATVs), motowycles). Minn.Stat.§§
84397-84.8045(off road
vehicles). Minn.Stat.§
84.81-84.862(snowmoemles),
Minn.Stat.§§84.92-84.928
(all...teirain vehicles),
...........................
Special vehicles Motorized golf carts,t7 s, City Minn.Stat§169.045.
KrVq,and mini-trucks.
�Recreational vehicles Snowmobiles,trail bikes,XrVs, State and city.City regulates in Minn.Stat.§84.928,subd.
hovercraft,and motor vehicles city boundaries,
used for recreation,
............
S-nb
-ow -m-o---i-1--e-s......................... Snowmobiles on public waters City with,state approval Minn,R.6100.5200,subp,2.
Electric cars Neighborhood electric vehicles State and city Minn.Stat.§169.224.
(NEVs)and medium-speed
electric vehicles(MSEVs)
Motorizedfoot scooters RazorsTm State Minn.Stat.§ 169.225.
..........................................................................
Engine-powered Motorized and electric-assisted State and city—but may not Minn.Stat.§171 kI Minm
bicycles bicycles prohibit electric-assisted Stat,§169,222. Minn,11at,
bicycles on txaflsibr non- §171.02,subd.3. Minn.
motorized use in some Stat.§169.223,suM.3.
situations.
Bicycles Human-powered bikes State and city only if city sets Minn.Stat.§ 169.222.Minn,
up a bike it in city Stat.§169.222,subd.4(d).
boundarie& Minn,Stat.§160.263,subd.
2.
.............................................
Tiny engine-powered Pocket bikes,mini motorcycles, State Minn.Stat.§65B.48,subd.
bikes mini bikes,mini-choppers,mini- 5.
rockets
Vehicles used by SegwaysTm,wheelchairs,scooters, State Minn.Stat.§169.212
pedestrians tricycles (ScgwaysTm),Minn.Stat§
169,21.and Minn,Stat,§
16921,sub&5
(wheelchairs).
League of Minnesota Cities Information Memo: 8/412016
Special Vehicles Operating on City Streets Page 17
na(ra-,
INFORMATION MEMO
LE.ArG!aUE 0 IF Cell Towers, Small Cell Technologies
MINNESOTA
CITIES & Distributed Antenna Systems
Learn out large and small cell tower deployment and siting reqnests far small cell and distributed
antenna systems ("DAY) technology. Better understand the trend of the addition ofDAS or small cell
equipment on existing utility equipment. Be aware of common gaps in city zoning, impact offederal
law, and some best practicesfor dealing with large and small cell towers, as well as with DAS.
RELEVANT LINKS: 1. Deployment of large cell towers or antennas
47 U.S.C.§253(commonly A cell site or cell tower creates a"cell"in a cellular net and typically
known as Section 253 of
Telecommunications Act). supports antennae plus other equipment, such as one or more sets of
47 U.S.C.§332(commonly transceivers,digital signal processors, control electronics,GPS equipment,
known as Section 332 of primary and backup electrical power and sheltering. Only a finite number of
Telecommunications Act). is or data can go through these facilities at once and the working range of
FCC Website. the cell site varies based on any number of factors, including height of the
antenna. The FCC has stated that cellular or personal communications
services (PCS)towers typically range anywhere from 50 to 200 feet high.
The emergence of personal communications services,the increased number
of cell providers and the growing demand for better coverage have spurred
requests for new cell towers and small cell equipment nationwide. As a
result, some cellular carriers, telecommunications wholesalers or tower
companies,have attempted to quickly deploy telecommunications systems
or personal wireless service facilities, and, in doing so, often claim federal
T law requires cities to allow construction or placement of towers, equipment
A
or antennas in rights-of-way. Such claims generally have no basis. Although
not completely unfettered, cities can feel assured that, in general, federal law
preserves local zoning and land use authority.
A. The Telecommunications Act and the FCC
47 U.S.C.§253(commonly
own as Section 253 of The Telecommunications Act of 1996 (TCA) represented America's first
kn
Telecommunications Act). successful attempt to reform regulations on telecommunications in more
47 U.S.C.§332(commonly than 60 years; and, also,was the first piece of legislation to address internet
known as Section 332 of access. Congress enacted the TCA to promote competition and higher
Telecommunications Act). quality in American telecommunications services and to encourage rapid
deployment of new telecommunications technologies.
FCC webske inteMreting The Federal Communication Commission(FCC)is the federal agency
Telmotnalunications Act of
1996. charged with creating rules and policies under the TCA and other
telecommunications laws.
....ftwis maRoi�al Is�ri,�rodllded as gen�rol unl'orrnation and Iia swot a sut�stltute'tor legal advice.C,onsuuNt your aticrrrweyilor advi��con�cerir�lrwg.s�eci�o.�Ituati��n,�.
145 University Ave.West www.Ime.org 8/29/2016
Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 0 2016 All Rights Reserved
RELEVANT LINKS:
The FCC also manages and licenses commercial users(like cell providers,
telecommunications wholesalers and tower companies), as wen as non-
commercial users(like local governments). As a result,both the TCA and
FCC rulings impact interactions between the cell industry and local
government.
The significant changes in the wireless industry and its related shared
wireless infrastructures, along with consumer demand for as and reliable
service on mobile devices, have fueled a frenzy of requests for large and
small cell/DAS site development and/or deployment. As a part of this, cities
find themselves facing cell industry arguments that federal law requires
cities to approve tower siting requests.
47 U.S.C.§253(Section 253 Companies making these claims most often cite to Section 253 or Section
of Telecommunications Act). 332 of the TCA ass Section 253 states"no state or local statute or
47 U.S.C.§332(c)(7). regulation may prohibit or have the effect of prohibiting the ability of any
entity tO provide any interstate or intrastate telecommunications service".
FCC 09-99,Declaratory Section 332 has a similar provision ensuring the entry of commercial mobile
Ruling(Nov.18,2009). services into desired geographic markets to establish of personal wireless
service facilities.
47 U.S.C.§253(c),(e) These provision should not,however,be read out of context.When reading
(Section 253 of
Telecontraunications Act). the relevant sections in their entirety,it becomes clear that federal law does
47 U.S.C.§332(c)(7)� not pre-empt local municipal regulations and land use controls. Specifically,
the law states"[n]othing in this section affects the authority of a State or
FCC 09-99,Declaratory local government to manage the public rights-of-way ort re
o requifair and
Ruling(Nov.18,2009). reasonable compensation from telecommunications providers,on a
competitively neutral and nondiscriminatory basis, for use of public rights-
of-way ..."and that"nothing in this chapter shall limit or affect the authority
of
...lot government ... over decisions regarding the placement,
construction, and modification of personal wireless service facilities".
Sprint Spectrum'.-.Mills, Courts consistently have agreed that local governments retain their
283 F.3d 404(2nd Cir.
2002). regulatory authority and, when faced with making decisions on placement of
USCOC qfGreater Missouri towers, antenna or new telecommunication service equipment on city
v. VEIL.QfMarlbough,618 facilities,they have the same rights that private individuals have to deny or
F.Supp.2d 1055(E.D.Mo. permit placement of a cellular tower on their property. This means cities can
2009). regulate and permit placement of towers and other personal wireless service
FCC 09-99,Declaratory facilities, including controlling height, exterior materials, accessory
Ruling(Nov.18,2009). buildings and even location. Cities should be careful to make sure that local
regulations don't have the effect of completely banning all cell towers or
personal wireless service facilities. Such regulation could run afoul of
federal law.
League of Minnesota Cities Information Memo: 8/29/2016
Cell Tovmrs,Small Cell Technologies&Distributed Antenna Systems Page 2
RELEVANT LINKS:
Vertical Broadcasting v. Some cellular companies try to gain access by l n
cmig they are utilities.
Town o Southampton,84 F. The basis for such a claim usually follolbws one of two themes—either that, as
.f
Su .2d 379(E.D.N.Y. a utility, federal law entitles them to entry; or, in the alternative,under the
2000). city's ordinances,they get the same treatment as other utilities. Courts
consistently have rejected the first argument of entitlement, citing tothe
specific directive that local municipalities retain traditional zoning
discretion.
Paging v.Bd.of Zoning In the alternative,the argument that a city's local ordinances include towers
Appeals.for idontgomeiyr as a utility has, on occasion and in different states, carried more weight with
Cty.,957 F.Supp 805(W.D. a court. To avoid any such arguments,cities can specifically exclude towers,
Va.1997). antenna, small cell, and DAS equipment from their ordinance's definition of
Letter froth Minnesota utilities. The Minnesota Department of Commerce, in a letter to a wireless
Department of Commerce to
Mobilitie. infrastructure provider, cautioned the company that its certificate of
Minn.Stat.§237.163 authority to provide a local niche service did not authorize it to claim an
(specific to exemption from local zoning. The Minnesota Department of Commerce
telecommunications carriers). additionally requested that the offending company cease from making those
assertions.
B. Limitations on cities' authority
Although federal law expressly preserves local governmental regulatory
authority, it does place several substantive and procedural limits on that
authority. Specifically, a city:
USCOC of Greater Missouri 0 cannot unreasonably discriminate among providers of fimetionally
v. Vill.QfMarlbough,618
F.Supp.2d 1055(E.D.Mo. equivalent services,
2009). 0 cannot regulate those providers in a manner that prohibits or has the
Minnesota Towers Inc.v. effect of prohibiting the provision of telecommunications services or
City of Duluth,474 F.3d personal wireless services
1052(8h Cir.2007). ,
0 must ct on applications within a reasonable time(easily met by
NE Colorado Cellular,Inc.v. compliance with Minnesota's 60 day rule), and
City qfNorth Platte,764 0 must document denial of an application in writing supported by
F.3d 929(8th Cir.2014) 66
(denial of CUP for tower substantial evidence".
must be"in writing"but need
not be a separate finding
from the reasons in the
denial).
Minn.Stat.§15.99.See
LMC information memo,The
60-Day Rule:Minnesota's
Automatic Approval Statute.
League of Minnesota Cities Information Memo: 8/29/2016
Cell Towers,Small Call Technologies&Distrlbuted Antenna Systems Page 3
RELEVANT LINKS:
Smith Comm. Y. Washington Proof that the local zoning authority's decision furthers the applicable local
Coy,Ark.,785 F.3d 1253(8th
Cir.2015)(substantial zoning requirements satisfies the substantial evidence test. Municipalities
evideme'andysis involves cannot cite environmental concerns as a reason for denial,however,when
whether the local zoning
authority's decision is the antennas comply with FCC rules on radio emissions. In the alternative,
consistent with the applicable cities can request proof of compliance with the FCC rules.
local zoning requirements
and can include aestheftc:
reasons).
Bringing an action in federal court represents the only recourse available to
the cellular industry to challenge a siting request denial. Based on the
limitations set forth in the federal law on local land use and zoning authority,
most often, when.cities deny siting requests, the challenges to those denials
claim:
FCC 09-99,Declaratory a the municipal action has the effect of"prohibiting the provision of
Ruling,Nov.18,2009. personal wireless service";or
Tower and Antenna Suing e the municipal action unreasonably discriminates among providers of
FAQ shem.horn FCC.
T-Mobile West V.Crow, No. filrictionallye quivalent services(i.e. cell providers claiming to be a type
CV08-1337(D.AZ.Dec.16, of utility so they can get same treatment as utility under city ordinance).
2009).
C. Court decisions
Minnesota Towers Inc.v. The Eighth Circuit(controlling law for Minnesota)recognizes that cities do
04,of Duluth,474 F.3d
1052(81h Cir.2007). indeed retain local authority over decisions regarding the placement and
Smith Comm. V. Washington construction of towers and personal wireless service facilities.
Cry,Ark.,785 F.3d 1253(8th
Cir.2015).
Voicestream PCS11 Corp.v. The Eighth Circuit also has heard cases where a carrier or other
City of St.Louis, No.
4:04CV732(E.D.Mo.August telecommunications company argue they are a utility and should be treated
3,2005)(city interpretation as such under local ordinances. Usually the companies that provide
of city ordinance treats
communication facility as a wholesale telecommunication services to licensed carriers(most often
Utility). occurring in the Distributed Antenna System or DAS, system discussed in
USCOC qf'Greater Missouri Section H below)make this argument. Absent a local ordinance that includes
v. Vill.Of Marlbough,618 this type of equipment within its definition of utilities, courts do not
F.Supp2d 1055(E.D.Mm
2009). necessarily deem cell towers or other personal communications services
equipment functionally equivalent to utilities. Additionally, courts have
found that the federal law anticipates some disparate application of the law,
even among those deemed functionally equivalent.For example,courts
determined it reasonable to consider the location of a cell tower when
deciding whether to approve tower construction(finding it okay to treat
different locations differently), as long as cities do not to one company to
build a tower ata particular location at the exclusion of other providers.
League of Minnesota Cities Information Memo: 8/29/2016
Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 4
RELEVANT LINKS.
D. City Approaches
Regulation of placement of cell towers and personal wireless services can
occur in a variety of different ways,including zoning ordinances,rights-of-
way(ROW)management ordinances or adopting a specific cell
LMC information mmo, tower/telecommunication ordinance. Minnesota law provides cities with
Regulating 04,Rights of` comprehensive authority to manage their ROWS. With the unique
Way,and model right of way
ordinance. application of federal law to telecommunications,coupled by siting requests
that may request siting both in and out of rights-of-way,many cities find that
having a separate telecommunications ordinance(in addition to a ROW
See Appendix,Sample ordinance)allows cities to better regulate towers and other
Ordinances and Agreements. telecommunications equipment, including addressing location, design,
height,lighting, finish or accessory buildings. Some cities also have
modified the definitions in their ordinances to exclude cell towers,
telecommunications,wireless systems, DAS, small cell equipment and more
from utilities to counter the cell industry's requests for equal treatment or
more lenient zoning under the city's zoning ordinances.
See Appendix,Smnple In addition to adopting specific regulations, many city zoning ordinances
Ordinances and Agreements. recognize these structures as conditional uses requiring a permit( y of
these regulations include a provision for variances, if needed). With the
emergence of small cell technologies, like DAS systems described in a later
part of this memo, cities have started to amend their zoning and cell
tower/telecommunications ordinances to account for more expedited
decisions on small cell/DAS siting requests, including establishing a separate
administrative approval process for these less burdensome requests to add
technologies onto existing structures, like poles or water towers. In addition,
because these new technologies attach to existing structures, cities often
need additional documents for managing these relationships including
Master Licensing Agreements, License Supplement(or Lease); Pole
Attachment Application(if city's ordinance so requires in its pen-nit
process); and Bill of Sale(for sale of pole from carrier to city).
11. Deployment of small cell technologies and
DAS
Small cell equipment and DAS both transmit wireless signals to and from a
defined area to a larger cell tower and often are installed at sites that support
cell coverage either within a large cell area that has high coverage needs or,
in the alternative, at sites within large geographic areas that have poor cell
coverage overall.
'W
League of Minnesota Cities information Memo: 8129/2016
Cell Towers,Small Call Technologies&Distributed Antenna Systems Page 5
LINKS:RELEVANT
?�
Situational needs dictate when cell providers use small cell towers, as
opposed to DAS technology. Generally, cell providers install small cell
towers when they need to target specific indoor or outdoor areas like
stadiums,hospitals, or shopping malls. DAS technology, alternatively,uses a
- small radio unit and an antenna(that directly link to an existing, large cell
tower via fiber optics). Installation of a DAS often involves cell providers
using the fiber within existing utility structures to link to its larger cell tower.
Cities sometimes are asked to provide the power needed for the radios,
whicha city can negotiate into a leasing agreement i the cel
provider.
A. Additional zoning and permitting needs
See Appendix,Sample Currentlycities' zoning ordinances address large cell sites, but not
Ordinances andA eats. small cell towers or DAS. Cities should review eir ordinances to establish
an efficient way to review and process small celrequests,particularly
in light of federal law. As discussedearlier in this memo, one common
approach includes setting up an administrativev rocess to more
quickly review requests for these small cel technologies.
See Appendix,Sample Since the placementcell technology or DAS on existing
Ordinances and Agreets.
oftentimes can result in cities renting space on city ,like
is or water towers, cities should also consult city attorneys tO get
assistance i aster licensing agreements, license supplement r
lease);pole attachment application(if city's ordinance so requires its
permitprocess); and bill of s (for sale of pole from carrier to city).
Generally,the terms of the Master License Agreement should include
provisions regarding:
• licensing scheme
• definitions of scope of permitteduses
• establishment t fee
• protection city resources
• sin of contract term
• specification of each installation ' c to sublicenseor lease
• establishment of cation approval process
• statement of generalprovisions
47 U.S.C.§332(commonly Cities also shoulde aware that new r new small cell technologies are
known as Section332 of subject tote same restrictions under federal at apply to large of
Telecommunications Act). towers. Specifically,
League of Minnesota Cities Information Memo: 8/29/2016
Cell Towers,Small Cell Technologies&Ustributed Antenna Systems Page 6
RELEVANT LINKS:
FCC 09-99,Declaratory 0 a city may not unreasonably discriminate among providers of
Ruling(Nov.18,2009). functionally equivalent services,
FCC 14-153,Report&z order 0 may not regulate in a mamer that prohibits or has the effect of
(October 21,2014). prohibiting the provision of personal wireless services,
0 must act on applications within a reasonable time and
0 must make any denial of an application in writing supported by
substantial evidence in a written record.
The below questions may help guide cities when reviewing current
ordinances:
See,"Small Cells and 9 Does the city's zoning ordinance apply to smaller facilities in the rights-
distributed antenna systems,"
Best,Best and Krieger LA w of-way?
(SW.2014). e Will the city's regulatory process allow it to review a request to place a
number of facilities at multiple sites in a timely way?
0 Can the city ensure that small facilities, once approved,will not expand
into harmful facilities later?
0 Does the DAS provider have wireless customers, or is it only placing
facilities with the hope of obtaining them?
0 Has the city developed an approach to leasing government-owned
property for new wireless uses that protects the community and
maximizes the value of its assets?
0 Does the city's rights of way management ordinance exclude these small
facilities from the definition of utilities?
B. Modifications of existing telecommunication
structures
Section 6409(a)ofthe Cities should know that,if a siting requests proposes a modifications to
Middle Class Tax Relief and
Joe Creation Act ol`2012, Cal or collocations of wireless transmission equipment on existing FCC
codified at 47 U.S.C.§1455. regulated towers or base stations,then federal law further limits local
municipal control. Specifically,the law requires cities to grant requests for
FCC Public NoticeAD 12- modifications or collocation to existing FCC regulated structures when that
2047(January 25,2013). modification would not"substantially change"the physical dimensions of
the tower or base station. The FCC has established guidelines on at
FC( 14-153,Report&Order
(October 21,2014). "s s ial y change the physical dimensions"means and what constitutes a
66wireless tower or base station".
FCC Public Notice AD 12- Once small cell equipment or antennae gets placed on that pole,then the
2047(January 25,2013), pole became a telecommunication structure subject to federal law and FCC
regulations. Accordingly,the city now must comply with the more restrictive
federal laws which allow modifications to these structures that do not
substantially change the physical dimensions of the pole, like having
equipment from the of cell carriers.
League of Minnesota Cities Information Memo: 8/29/2016
Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 7
RELEVANT LINKS:
FCC Public Notice AD 12 Under this law, it appears cities cannot ask an applicant who is requesting
2047(January 25,2013). modification for documentation information other how the modification
Qy qfArfington Texas,et impacts the physical dimensions of the stiucture. Accordingly,
al. V.FCC,et.al.,133 S.Ct.
1863,1867(2013)(90 days documentation illustrating the need for such wireless facilities or justifying
to process collocation the business decision likely cannot be requested. Of course, as with the other
application and 150 days to
process all other applications, siting requests, state and local zoning authorities must take prompt action on
-lying on§332(c)(7)(B)(ii)). these siting applications for wireless facilities(which Minnesota's 60 day
Minn.Stat.§15.99. shot clock rule satisfies).
This model ordinance and Two wireless industry associations,the WIA(formerly known as the PCIA)
other information can be
found at National and CTIA, collaborated with the National League of Cities, the National
Association of Counties Association of Counties, and the National Association of
Website. Telecommunications Officers and Advisors to: (1)develop a model
ordinance and application for reviewing eligible small cell/DAS facilities
requests under federal law(2)discuss and distribute wireless siting best
practices; (3)create a checklist that local government officials can use to
help streamline the review process; and(4)hold webinars regarding the
application process.
Ill. Moratoriums
The cellular industry often challenge moratoriums used to stall placement of
cell towers, as well assmall cell/DAS technology,until cities can address
regulation of these structures. Generally,these providers argue that these
moratoriums:
• prohibit or have the effect of prohibiting the provision of personal
wireless services; or
• violate federal law by failing to act on an application within a reasonable
time.
Courts agree that the legality of moratoria related to cell tower or personal
wireless service deployment requires a case by case analysis and turns on the
facts of each situation. Review of these moratoriums oftentimes depend
upon:
League of Minnesota Cities Information Memo: 8/29/2016
Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 8
RELEVANT LINKS:
APTMInneopolis,Inc.v. 0 whether the city already had a cell tower ordinance in effect at the time
Stillwater Township,Civil
No 00-2500(D.Minn.June of application or if the city passed the moratorium because they had no
22,2001)(unpublished). relevant zoning in place);
Sprint Spectrum v.City of 9 how much time had passed since the passing of the federal law,
Medina,924 F.supp. indicating whether this moratorium was not in response to recent
1036(W.D.Wash.1996). legislation;
Sprint Spectrum i. Town of 0 whether the city continued to accept app ,lications during the moratorium
W.Seneca,659 N.Y.S.2d 687
(N.Y.Sup.Q.1997). even if final decisions became delayed; and
Sprint Spectrum i%Jqflerson a the length of time for the moratorium.
County,
v.968 F.Supp.H (Al
57(
.D.AU.1997).
Telecommunications
Advisors i.Bd of Selectmen
qf'the Town qf'W.
Stockbridge,
27 F.Supp.2d 284
(D.Mass.1998).
IV. Conclusion
With the greater use of calls and data associated with mobile technology,
cities are likely to see more new cell towers, as well assmall cell
technology/DAS requests. As a consequence,it would make sense to
proactively review city regulations to ensure they are consistent with federal
law, while still retaining control over the deployment of structures and in
and-uses of rights of way.
League of Minnesota Cities Information Memo: 8/29/2016
Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 9
�yPOLICE DEPARTMENT
1"rY OFHEIGH"'!
ry �
�f
14168 OAK IPARK BILVD.Nmm P.D.IBOX 2007
OAK PARK HE GHTSa IIAII14NE.S TA 66962
TELIEPH INIE°(6 1)439-4726
FAX(661)439-3639
IEV IEIR SINCY°911
September 1".,20 p.6
To. Eric Johnson,City.Administrator
From.Brian.D ...osier,Chiefonf: op.i
Suui .. . . Police ce Activity Report—.August 20 p.6
17his overview report is the activity of the Oak Park.Heights Police Department during tie:rumowrnth..of
A.uugust 2 16m a responded to and generated 458 eampps:fbir service in.the City of Oak Park 11eights.,
Tho department responded for many incidents during the month.. "penis is a su;uu airy/sampling li:rng ouf soruune of
the,cases we responded to and in estig ted-
p. Conducted death investigation of middle aged femalefibund dead.
2. Affestsuspect for DWI and vehicle held as forfeiftire
.. Arrested and.conducted investigation of a couple who worked tog.etherswitching bar cordes on.
productsfiTom retailersacross the state and then returned the products Four actual value at other
locations.
4. Issued potentially dangerous dog notice W homeowner er knoase dog forced its way out yup°the
residence g d atte ported for attack another dog that was walking in the street. Dogmet all criteria
of ordinance and notice to reuuneve or,not allow dog toreturn to city was issued in confonnance
With ordinance. Homeowner er oaus babysitting son's dorg,,.
5. 3 persons were arrested anter graband run of 3 eo mpnua:ters frorrnn retailer. Suspects wer e located
after search.
6. :pnt and.Run accident suspect located after iunveshgatiorn.
7. Had 3 different contacts in one gun., t with an.intoxicailed couple from.bar to home.....
m Assisted BP:police with a death investigation ofp:. t suuneide,.
m Responded to retail ppar.king port of:female complainiAg she was electrically shoc d—determined
. pried
to be static electricity....
10. Responded to EDPjuuvenile with am knife. uv was holding ac knife to his own.throat. ] ale tmdked.
down 6y officers and spnonrted:fuar medical hold.
I l. Received complaints lai is orf speeding from 2 residents in area of Pa is,Ave. 2 Ohase education and
enforcement documentation was ora nduueted in.the area. NO citations issuned.No iissaues found in
area. Summary letter of results provided to city adinin..
1.2. Dealt numerous times with ongoing child custody issue between divorced parents.Ongonna
issues for years as both uD.s u,child as pawn against each Papier. Situation reviewed by prosecuting
attorney and no ern :nun l violations. Both parents told it is au civil issuue tlmey need to deal with in
court.
Officer.Hicks did community outreach with a group of fids have, rarunpr picnic at galley View park.,
Alcohol l unmprin ee elneelos w ..e completed with no violations.
i, M r yN HEIGHTS
POLICE DEPARTMENT
II
14168 AK PARK SL,' "NORTH"P„ „BOX 2007
IK IPS HEIGHTS,I�IIININES T" 55082
TEIL IPHONIE�(651)439-4723
FAX-( fi)439-3639
EIMERGENM 911
We are in the processfinally of having the now squads equipped and tette ,..raphics applied.
We had 2 forfeiture vehicles sold at gate auction.
We distributed 270bags of doughnuts nuts t party in the park!
We dna 4 days during tans morn wherewe were (null staff dune to vacations,sick leve mid training.
currentlyWe have one offliccr on light duty due injmy reccived at a memlical while liffing a patient.
Officers attended training s s during,the norm nm
1. All officers.received trai.ning on 1,egislative Updates
,. Invest.Panidise received updated training on SRO issues
: . All officers r i ed fireamis training
4, All officers.receivod right to know/a ai:r training either online or at city training.
au
IEric
I r mm: IK it rn IKiiNII e iIIU unnrn c o r >
Sent: 'Thursday„ Selpteiinber 1„2016 9:56 AIS
FREE BCWD Community Event for afl ages...Tuesday„Sept 13 at 6 -3 P
11 ui°°lowrn's Cuii°eek State Tr 'iiilll Nat r e "IIP EE I� e Cir ainiS cla' II
You're invited l The Brown's Creek Watershed District,
the City of Stillwater,and the Minnesota Department of
Natural R s urces invite you tea of n on this fun,-free
event-for all ages.The evening will include:
f i IFly tying in casting demos
IFish themed nuts and cr fts
Live aquatic invertebrates-frm Brown'sCreeku���u�inr�irn� trairnn
Ilrn �rrrnt� rn ,
lirnlpirovrnairnts projects
0 FREIE IICE CREAW (Ohms free ice crearn per
person.)
�u
IEv rnt ID talus
When: I tiesSnny,Scptii i*llluocr°I 3tS,20°16 6:00p.rn -° 3("Iip iii i'n.
Where: Brown's Crash State Trail—Brown's Crash Park Reserve at Neal Annie
gnat® ice Cream Social FREE
Please forward this to others who m ii ht be[interested in attending.
Hope to see you there,
Karen
Karen Kill
Administrator
Brown"s Creek Watershed District
455 Ill and Ave
Oakdale, M14 551.28
651-330-8220 x26(office)
651-331-83 .6(cell)
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Metro
®es News
August
�.t 2016 H y h Ia
WW
����°fitAv,,�u ei't ""r Are hive
chic us out an Facebook
t � Special Session and 6W[iff U p d ate
Governor Dayton and legislative leaders uouu loin nmum hnunv
m �
�� r uui�i uuu�olVuuuom�hliu
et last week to continue discussions on
wr
10
possible special session tocompletem work � �II�� S5
l�i��4pillllli�d�lultir�suti��cilli°1 IIIIIIIIYpIVlllul �llhimlllllh9 U��CV��um�l{���i�o�l�iilYlU on bonding, tax and transportation bills. ^ r~
After the meeting® the Governor indicated
he will not be calling legislators back to And Wow us on TvAtter
Saint Paul for a session given that there is
no agreement on the funding of the state's o ,
portion of the Southwest Light Rail Project
( T).
IJIhqft,WWAW A#A& The tax bill contained several provisions
kaw , affecting cities, including tax increment
financing (TIF) law changes, increase in
0114 I I govemment aid and a change in the
levy certification date for EDAs/HRAS.
wMetro Cities also advocated for and
supported funding r inflow-infiltration
mitigation assistance that as included in
the bonding bill.
In GurreindArclOved
nllrmr , n Thursday,August 25th, Governor
Dayton convened a discussion to discuss
options regarding the Southwest Light Rail
(SWLRT) project. Met Council Chair Adam
Duininck presented oten I options for
funding Tg without a special session.
The first option would fill the funding gap of
$144.5 million through the issuance of
Certificates of Participation (CoP)and an
allocation of additional funds from the
http://www.metrocitiesmn.org/index.asp? ,C==-*/d77 AO-I 7-40 E- .7.W E amm 8/28/201
("uff.ent/Archivied.Newsletters -Metro Cities Page 2 of 5
Hennepin County Regional Railroad
Authority(H }a as well as the Counties
Transit Improvement Board (CTI }° The
Co P would be financed by the Metropolitan
Council at$91.75 million and by CTIB at
$11.75 million,for a total of$103.5 million.
Certificates would be issued in July of
17® is would give the Legislature the
option to find an alternative funding option
next session. The HCRRA and CTI B would
be asked to contribute an additional $20.5
million each. The Governor and Chair
Dulninck stated this funding option was not
preferable but is the only option to keep
SWLRT moving forward, The second option
would be to shut down the SWLRT project.
Chair Duininck stated that it would be very
difficult to restart the project in the future if
this option were chosen.
Chair Duininck explained that action must
come before Wednesday,August 31st, or
the state would jeopardize the$928.5
million in federal one that is needed to
pay for 50%of the project. Without a
decision, the project is slated to be out of
funding by September 30th and layoff
notices would be sent shortly after the
August 31st deadline.
Forty people spoke publicly at the meeting,
including advocates and opponents of the
project.At a press conference following the
discussion, Governor Dayton stated that he
has directed Chair Duininck to pursue the
Co P option. For this option to move
forward, the Metropolitan Council, CTIB
and HCRRA will need to act to approve the
various components of the funding option.
Questions?Please contact Steve Huser at
EIRY2010""� slka,Jti
i e s I""'I Y"1 2,219,or 651-215-
4003. To view the presentation click 1,,IEM!h!!!
Policy Committees Update
The second round of Metro Cities policy
committees is complete and staff are
preparing for final meetings in September.
The Metropolitan Agencies Committee
completed its work in August and will not
meet a third time. City officials have
debated and recommended several policy
positions andmodifications and will finalize
work in September. any issues have been
discussed including franchise fees, regional
http://www.metrocitiesmn..orglindex..asp?SEC:=%7B3738C3AO-IB97-4O.B.E-97A7.-532E7... 8/28/2016
Current/Archived Newsletters.-Metro Cities Page 3 of 5
governance, affordable housing funding,
Met Council comprehensive plan
requirements, local government aid,
eminent domain and transportation/transit
funding.
Speakers for the third round of meetings
will include the Center for Transportation
Studies(invited), Met Council staff Libby
Starling on housing performance scores
(confirmed) and representatives from the
Department of Housing and Urban
Development(HUD) on fair housing
(invited). The Municipal Revenues
Committee has completed most of its work
and will host a short meeting if needed to
wrap up a few remaining open policies.
Links to handouts and presentations can be
found on our websit s under"Links and
Presentations". Metro Cites' staff is in the
process of adding a new policy committee
section tot website. Look for that soon
on the site. The section will include the
meeting schedules, agendas and materials
for the four policy committees.
Met Council Adopts Preliminary 2017
Budget, Levies
On Wednesday the full Metropolitan
Council voted to approve the preliminary
2017 budget and levies.As Metro Cities
reported in the the
proposed 2017'6�ies total $83.6 million, a
1.9 percent increase over 2016. The vote
was unanimous. The public hearing on the
budget will be held at 6-00 pm on
Wednesday, December 14 in the is Paul
Council Chambers.
Met Council Adopts Wastewater and
Sewer Charge Rates
The Metropolitan Council has adopted
wastewater charges and Sewer Availability
Charge(SAC) rates for 2017. The
municipal wastewater charge(MWC)will
increase by 5.4%,while the SAC charge
will not see an increase.This is the third
year in is SAC has remained flat. The
Council plans to use approximately$1.3
million of its reserve to help minimize the
MWC rate increase.The actual rates for
communities will vary, and depend on a
community's flow levels relative to other
http://www.,metrocitiesmn.org/index.asp?SEC=�/`7B3738C3AO-IB97-40BE-97A7 532E7.— 8/28/2016
Current/Archived Newsletters -.Metro Cities Page 4 of 5
communities in the system.
Cities identified as having excess inflow-
infiltration (1/1)will receive a separate letter
from Metropolitan Council Environment
Services staff. Information on the municipal
wastewater charge rates is available
I IERE,
Met Council Presents TOD Guide
Metropolitan Council staff have developed
a 1 i�aiiisit()rier)ted
.........................................................................................................................................................................................................................................
Guide for city planners and community
;veto pment officials. The guide was
presented d to the Community
Development Committee last week. Its
design mirrors the Local Planning
Handbook.
The TOD Guide is intended to be used by
planners involved in updating local
comprehensive plans. It will evolve as the
Council works with more local governments
on their comp plan updates and TOD
planning. Sections include Met Council
roles and supports, equity issues related to
TOD as well as the real estate market and
opportunities and challenges around TOD
implementation, and planning
fundamentals. Examples of these include
multi-modal la akin (walking, biking,
transit) as well as land use diversity,
density, desi n and conn iv
...................
Metro Cities News is emailed periodically to all.
Metro Cities member mayors®councilmembers,city
managers and administrators to keep officials
abreast of Important metro city issues.This
information is also intended to be shared with city
staff.
If you®d like to sign up to receive Metro Cities News,
please email Laij,d@ E�g rpgft,� rg and
provide the f6ii g: Name,Title, Employer and
Email address.Thank you.
Metro Cities 145 University Ave W.,St Paul,MN
56103-20"Phone 651-215-4000 Fax 651-281-
1299 Website
http://www.metrocitiesmn.org/iridex.asp?SEC=z`*/�7B3738C3AO-IB97-40B.E-97A7- ... 8/28/2016
.Current/ rdhiv d Newsletters p Metro Cities gage 5 of
tLomep&bout Lft p DlWtm p L 6iva2umre p I Q �o p MdMgffiqa Task FoOLRWrt on Makoolrdanva
C r�, uu p§bff p Unks air PrmeMMM
http
1/ etrocities n.or d x. p2 E =O/� 373 3 - J 740BE-97 .7- 3 ]E7oan 8/28/2016