HomeMy WebLinkAbout09-14-2000 Planning Commission Meeting Packet•
8:00 V. New Business:
CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING AGENDA
Thursday, September 14, 2000 - 7:00 PM
7:00 I. Call To Order /Approval of Agenda
II. Approval of August 10, 2000 Minutes (1)
7:05 IIII. Visitors:
This is an opportunity for the public to address the Commission with questions
or concerns not on the agenda. Please limit comments to three minutes.
IV. Public Hearings:
A. Port of Sunnyside - Conditonal Use Permit Request:
Rebuilding of slips and tie -a -longs to DNR permit total of
278 slips over a period of four to five years. (2)
B. Terry 8s Christine Mandt, 14210 Upper 54th St. N. -
Variance Request: 5 -foot side -yard variance requested for
porch addition. (3)
C. Continued: P -I PublicJInstitutional District
Establishment: (4)
A. Ordinance regulating the placement of public utilities.
(5) and (6)
8:15 VI. Old Business:
VII. Informational/ Update:
A. Party -in- the -Park Thank you.
VIII. Adjournment
Upcoming Meetings: October 12, 2000 Regular Meeting - 7:00 PM
Council Representative: September- Commissioner Wasescha
October - Commissioner Dwyer
CITY OF OAK PARK HEIGHTS
• PLANNING COMMISSION MEETING MINUTES
•
•
Call To Order: Chair Hedlund called the meeting to order at 7:03 p.m. Present:
Commissioners Beck, Dahlquist and Wasescha. Absent: Commissioner Dwyer. Staff
Present: Community Development Director Danielson and City Planner Richards.
Approval of Agenda: Commissioner Dahlquist, seconded by Commissioner Wasescha,
moved to approve the Agenda as presented. Carried 4 -0.
Approva of July 13, 2000 Minutes: Commissioner Dahlquist, seconded by
Commissioner Beck, moved to approve the Minutes as presented. Carried 3 -0 -1;
Commissioner Wasescha abstained as she was not present at the meeting.
Visitors: None
Public Hearings:
Thursday, August 10, 2000
A. Stillwater Area High School: Request for Conditional Use Permit allowing a
greenhouse.
ENCLOSURE 1
City Planner Richards provided a summary of the applicant's request and highlighted
� g
his report regarding the same. Richards noted that the greenhouse was part of the
original conditional use permit approval granted in 1991 and again in 1998 by the
Planning Commission. He further noted that since construction had not occurred and
the conditional use permit expired, the applicant was seeking approval for construction
at this time.
Chair Hedlund invited discussion from the audience.
Mike Braebender of Independent School District #834 introduced himself to the
Commission and announced that he was available for any questions they may have.
Commissioner Dahlquist, seconded by Commissioner Wasescha moved to close the
public hearing. Carried 4 -0.
Commissioner Dahlquist, seconded by Commissioner Wasescha, moved to recommend
council approval contingent upon the conditions as noted in the City Planner's report,
dated August 3, 2000 as noted:
1). Applicant shall make the City aware of any future plans for lighting the facility
on a 24 -hour basis; and
2). The grading and drainage plans for the greenhouse shall be reviewed and
approved by the City Engineer.
Carried 4 -0.
Planning Commission Minutes
August 10, 2000
Page 2 of 3
B. Continued: P -I, Public /Institutional District Establishment:
City Planner Richards provided an overview of his report and the history of the matter
noting types of uses proposed within the district and modifications made to draft based
upon feedback from the Planning Commission's July meeting.
Chair Hedlund invited discussion on the matter. Commission discussion ensued as to
clarification of outdoor screening under conditional uses and changes made to the 0,
Open Space Conservation Zoning as a result of creation of the P -I, Public/ Institutional
District and as to the language of "0, Open Space" to describe the said zonin g district.
There being no visitors to the public, Commissioner Dahlquist, seconded b
q by
Commissioner Beck, moved to continue the hearing to September 14, 2000.
Carried 4 -0.
New Business:
A. 6120 Oren Ave. L.L.C.: Request for Site Plan Review:
City Planner Richards provided an overview of his report on the matter, discussing
issues of concern and conditions to consider for approval.
The applicants were present and questioned the need for curb and gutter, expressing
concerns about cost and snow removal. Commission members and staff explained the
City's Ordinance for curb and gutter requirements. The applicant requested
consideration for a transition period within which to install the curbing and gutters as
well as consideration from the City Engineer to permitting surmountable curb, which is
already in place along 61st St. Court, N.
Commission discussion with the applicants includes such matters as the project
nature and cost breakdown as it related to the parking area. The applicant provided
the Commission with examples of the materials being used for the addition. Additional
discussion included other improvements occurring in the area as related to the curb
and gutter requirement, setback requirements and design of the parking area.
Commissioner Wasescha, seconded by Commissioner Beck, moved to recommend that
the City Council approve the site plan for the addition planned at 6120 Oren Ave. N. to
accommodate an entry, stairs and storage based on the City Planner's report, dated
August 3, 2000 with clarification that surmountable curb is permitted. Said conditions
for recommendation are as follows:
1. The site plan is revised to provided all required parking stalls with bituminous
surfacing and perimeter concrete curb and gutter. The expanded portions of the
parking lot must be in conformance with setback standards. Striping of parking
g p g
stalls with white or yellow painted lines not less than four inches wide is also
required and must be noted and illustrated on the site plan.
Planning Commission Minutes
• August 10, 2000
Page 3 of 3
•
2. Building elevations are revised to note the proposed color of the siding and trim.
The proposed colors must be compatible with the existing building. Samples of
exterior building materials are submitted for City review and approval.
3. A landscape plan is submitted indicating the size, type and location of all
existing and proposed site plantings, subject to review and approval of the City
Arborist.
4. A lighting plan is submitted indicating the type, location and illumination field of
all existing and proposed site lighting, subject to review and approval of City
staff.
5. All signage shall comply with the provisions of Section 401.15.G of the Zoning
Ordinance and criteria of the Design Guidelines.
6. All grading, drainage and utility plans shall be subject to review and approval of
the City Engineer.
7. Comments of the Planning Commission, City Council and other City staff.
• Carried 4 -0.
Old Business: None.
Informational/ Update:
A. Party -in- the -Park: Community Development Director Danielson reminded the
Commission that the party is being held at Brekke Park on Sunday, August 13th
from 1:00 p.m. to 3:00 p.m. She noted that the event was a great opportunity to
spend time with the community and that there was more community business
participation that ever. She encouraged all of those, who could, to attend.
B. Other: Community Development Director Danielson updated the Commission as
to the construction status of AmericInn Motel and Suites.
Adjournment: Commissioner Wasescha, seconded by Commissioner Dahlquist, moved
to adjourn at 7:42 p.m. Carried 4 -0.
Respectfully submitted,
Julie A. Hultman
Community Development Secretary
Approved by the Planning Commission:
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
• ENCLOSURE 2
N INC
PLANNING REPORT
TO: Tom Melena
FROM: Jason Lindahl / Scott Richards
DATE: September 7, 2000
RE: Oak Park Heights — Sunnyside Marina Conditional Use Permit
(CUP) and Planned Unit Development (PUD)
FILE: 798.02 -00.10
INTRODUCTION
The applicant, Sunnyside Marina, is requesting a conditional use permit and an
amendment to their existing planned unit development to allow the reconstruction
of their existing marina on the St. Croix River. The subject property is located at
6413 St. Croix Trail North and is zoned R -3, Multiple Family Residential District.
A conditional use permit is necessary in this case because private marinas and
boat storage facilities are conditionally permitted uses in the R -3 District.
Attached for Reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
BACKGROUND
When complete, the reconstructed marina will contain 260 slips and 17 tie -on
sites. Of the 260 slips, 90 will be covered. This is within the limits of the
marina's Department of Natural Resources (DNR) permit, which allows 278 total
slips. Piers two, four, five, and Dock M will extend beyond the boundaries of the
existing marina. The DNR has approved the amended permit in that the new
facility will still occupy the same square footage as the existing marina.
5775 WAYZATA BOULEVARD, SUITE 555
PHONE 6 1 2 -595 -9636
NORTHWEST ASSOCIATED CONSULTANTS
Site Location Map
Existing Slip Layout
Proposed Slip Layout
Letter from DNR Regarding Permit Amendment
ST. LOUIS PARK, MINNESOTA 5 54 1 6
FAX 612-595-9837 E -MAIL NAC C WINTERNET.COM
Proposed Timetable for Rebuilding Sunnyside Marina
Pier 1
Reconstruction Complete
Pier 2
Occupy by Spring 2001
Fueling Dock
Usable by Spring 2002
Docks M and N
Occupy by Spring 2003
Piers 3 and 4
Occupy by Spring 2004
Piers 5 and 6
Occupy by Spring 2005
The app[iCant Mans a staged reconstruction following the timetable below. The
marina members have approved the plans for piers 1 and 2, and the fueling
dock. In the future, members will need to approve plans for the remaining
sections of the marina. Should these future plans vary from the current proposal,
the applicant will need to apply for an amended PUD.
Only the fueling dock portion of this proposal will require a building permit. To
receive this permit, the applicant will be required to submit detailed plans to the
City Building Official for his review and approval. In addition, any permits
required from the Minnesota Pollution Control Agency, LPA or fire officials would
be required at this time.
Some excavation and shoreland stabilization will be necessary as part of the
reconstruction of the fuel dock area and pier 6. The applicant has received
preliminary permitting for this project from the DNR. Excavation and shoreland
stabilization of this area will require detailed plans and will meet the guidelines of
the DNR permit.
ANALYSIS
Comprehensive Plan. This area is designated as commercial for the marina
and high density residential for the Sunnyside Condominiums. The land use
designation is consistent with the commercial nature of the marina.
Zoning. Section 401.27.E.2 outlines the criteria to weigh when considering a
marina as a conditional use in the R -3 District. These are listed below.
1. Sufficient off- street parking area is available to accommodate all marina
facility users on -site in designated and improved lots.
Finding: The marina has an existing bituminous parking area. No changes
are proposed for either the number of slips or the number of parking
spaces. The parking requirement for the marina is 195 parking spaces.
The lot is striped for a combination of boat and vehicle parking. Over 220
stalls currently exist on the site.
•
•
• 2. All off - street parking and outside storage areas are fenced and screened
in accordance with Section 401.15.E of this Ordinance.
Finding: The applicant is not proposing any changes in screening or
landscaping as part of this application. The existing conditions of a high
density residential area adjacent to the marina are considered unique in
that the views of the marina and water are considered an asset to the
residential use.
3. Written approval from the State Fire Marshall, Federal Environmental
Protection Agency, Minnesota Pollution Control Agency, and Minnesota
Department of Natural Resources is obtained for any on or off -water
fueling facilities.
Finding: According to the applicant, they have a permit from the Minnesota
Department of Natural Resources for the new fueling facility. When the
fueling dock is constructed, the applicant will be required to receive a
building permit from the City and any other state and federal permits that
are required. The Fire Chief will require stand pipes for fire protection on
the piers. The applicants will work with the Chief on a plan for installing
stand pipes on each of the piers.
RECOMMENDATION
Staff recommends approval of a conditional use permit and amended planned
unit development for the reconstruction of the Sunnyside Marina located at 6413
St. Croix Trail North. This recommendation is based on the findings contained in
this report and subject to the following conditions.
1. The CUP /PUD approvals are granted based upon the five year timeline for
project completion. No additional amendments are required unless the
site plan or timeline is substantially revised.
2. The applicant will work with the Fire Chief on locations for fire protection
stand pipes on all of the new piers and docks.
3. The applicant will secure, and remain in compliance with, all necessary
City, State, and Federal permits.
4. All excavation and shoreland stabilization as part of this project shall be
completed as per the DNR permit and specifications for construction.
5. The applicant must submit all plans and specifications for the fueling dock
to the City Building Official for his review and approval.
• pc: Kris Danielson
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EXHIBIT A
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EXHIBIT C
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August 16, 2000
Mr. Todd Butterfield
Sunnyside Marina
6413 St. Croix Trail North
Stillwater, MIN 5082
c:
Dear Mr. Butterfield:
Sincerely,
J I 0
Linc Stine, Administrator
Water Management Section
An Equal Opportunity Employer
Who Values Diversity
Minnesota Department of Natural Resources
Re: Amended Permit #79 -6220, St. Croix River, Marina
Enclosed in an amended permit that allows conversion of previously permitted tie -aloes into slip
YP g p
mooring spaces. The docks will be reconstructed over the next 5 ears to provide the mooring
Y P g
spaces within the existing footprint of the marina. This permit also authorizes excavation of old
fill areas and the construction of shoreline stabilization structures as shown on Attachment B.
Please note the Special Provisions carefully. Any maintenance dredging or reconfiguration
a
requires prior approval by the DNR. You are not authorized to begin any of the excavation or
shore stabilization structures until detailed plans are approved by the Metro Region office.
The City of Oak Park Heights has advised us that they will require an amended PUD /CUP P ermit.
Please contact Jim Butler at the City if you have not already begun their P rocess.
If you have any questions, please call Molly Shodeen or Dale Homuth at (651) 772 -7910.
City of Oak Park Heights
Washington Soil and Water Conservation District
U.S. Army Corps of Engineers, Dan Seemon
Middle St. Croix Watershed District
Buck Malick, MI -WI Boundary Area Commission
Barr Engineering, Len Kraemer
500 Lafayette Road
St. Paul, Minnesota 55155-40_
DNR Information: 651- 296 -6157 • 1- 888 -646 -6367 • TTY: 651- 296 -5484
DNR Conservation Officer, Chad Sherack
DNR Fisheries, Dave Zappetillo
DNR Wildlife, Bob Welsh
DNR, Central Waters, Steve Johnson
DNR Central Waters, Ron Anderson
Lake St. Croix (82 -1) File
� . 11 fr Printed on Recycled Paper
v
M Minimum of 10% Post- Consumer Waste
EXHIBIT D
Protected Water
-,E
Lake St. Croix (82-1P)
as owed below
County
. I
Washington
Name of Permittee
Sunnyside Marina, c/o Todd Butterfield
Telephone Number (include Area Code)
(651) 439 -2118
Address (No. & Street, RFD, Box No. City, State, Zip Code)
6413 St. Croix Trail North, Stillwater, MN 55082
Authorized Work
Maintain marina facility with a watercraft mooring space, and slip total not to exceed 278, in accordance with the
slip layout shown on Attachment B of this permit; and in accordance with application materials received May 17, 2000 and
the amended Special Provisions of this permit.
Purpose of Permit
Marina Facility
F.xpimtion Date of Permit
•
N/A
Property Described as:
Section 34, T3 ON -R20W, Washington County
Address of Property, if Known: Government Lot 3
As Indicated in General Provision No. 11:
The Ordinary High Water Level: Flat Pool 675.0' (NGVD, 1929)
. • RtGlOti 4
Department .t
Division of
1
INNESOTA PROTECTED WATERS
Natural Resources
PERMIT
Pursuant to Minnesota Statutes, Chapter 1030, and on the basis oaf statements and information contained in the permit application, letters, maps, and plans submitted by the
applicant and other supporting data, all of which are made a ref erence, PERMISSION IS 8ERE8Y GRANTED to the applrarrt to perforzm the work moth
This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS:
AMENDED
1Permit Nrmbo
79 -6220 •
GENERAL PROVISIONS
1. The permittee is not released from any rules, regulations, requirements, or standards of any applicable federal, state, or local spacial; including, but not limited to, the U.S.
Army Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency, watershed districts, water management organizations, county, city and townshi p
zoning. This pcmit does not release the permittee of any peanut requirements of the St Paul District, U.S. Army Corps of Enginea*, Army Corps of Engineers Centre, 190
Fifth Street East, St Paul, MN 55 101-1638.
2. This permit is not assignable by the permittee except with the written consent ofthe Cormusiszioaar ofNatursl Resources.
3. The penulttee shall notify the Area Hydrologist at least five days in a+dvanceofthe connnencement ofthe work authorized hereunder and notify him/her of'rts completion within
five days. The Notice of Permit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations.
4.
The permittee shall make no changes, without written permission previously obtained from the Conunissioner ((Natural Resources, in the dimensions, capacity, or location
of any items of woric authorized hereunder.
S. The peke shall grant avows to the site at all reasonable times g and after constructive' to authorized representatives of the Commissioner of Natural R or
inspection of the work authorized hereunder.
6. This Permit may be terminated by the Coaeraissiona ofNatural Resources at any time deemed accessary forthe conservation of water resources of the state, or in the inter
of public health and welfare, or for violation of any of the provisions of this pesznit, unless otherwise provided in the Special Provisions.
7. Construction work authorized under this permit shall be completed on or before date specified above. The permittee a may request an extension of tiros to complete the project,
stating the reason thereof, upon written request to the Commissioner ofNatural Resources
c:
In all costs where the pennittee by performing the work authorized ' shall involve the .
owned lands or v � this permit �& �& or of any ProP'atY n8� or mks �f any other
person or persons, or of any
publicly improo agents thereon or interests therm, the permittee, before proceeding, shall obtain the written consent of all
agencies, or authorities concerned, and shall acquire all property, rights and interests needed for the work. 7iO '
9. This . No liability Pmt a permissive only ility shall be imposed by the State of Minnesota or any of its officers, agents or afficialty or personally, on account of
the
granting hereof or as account of
any damage to any p e r s o n ar props ty resulting fix= any ad or omission ofthe permittee oc
I
permit shall not be construed u is a ' any °�� agents, employees, yr contractors. This
estopping Ong any legal claims or right of action of any person other than the state against the its *gags, employees of
for
its any damage or injury resulting from any such ad or a nission, or as estopping or limiting any legal claim or right °faction ofthe state against the permluee
agents employers, or contractors for violation of or failure to comply with the permit or applicable provisions of law.
10. Any extension ofthe surface of public waters resulting from work authorized by this permit shall become protected waters and kd open and uoobdruetedfor use the public.
by pu . �c
11. No material excavated by authority of this permit nor material from any other source, u specified ' shall be
except bere:n, placed on any portion of the bed of said waters which
lies below (as indicated above.)
12. Where the wait authorized by this permit involves the draining, filling or burning of wetlands not subject to DNR jurisdiction, the permittee shall not initiate any work under
this permit until the permittee has obtained official approval from the responsible governmental unit as required by the Minnesota Wetlands Gonsacvatioo Act of 1991.
SPECIAL PROVISIONS
1. Erosion control measures shall be adequately designed for the site characteristics. They include staked haybales, ybales, diversion
channels, sediment ponds, or sediment fences. They shall be installed in accordance with "Protecting Water Quality in Urban
Areas -
Best Management Practices for Minnesota" MPCA, October 1989, prior to commencement and maintained throughout the project
a project.
All exposed soil shall be stabilized as soon as possible and no later than 72 hours after the completion of the ro'ect. Topsoil p) p should
be used to re -dress disturbed soil areas and indigenous plant species should be used to revegetate disturbed areas whenever
possible.
2. Any work below the water level shall be encircled by a flotation sediment curtain to prevent sediment from being transported beyond
the construction site. This sediment curtain shall be constructed and maintained as illustrated on the enclosure entitled "6.6 Flotation
0
Silt Curtain." The barrier shall be removed upon completion of the work after the silt has settled.
3. Future maintenance excavation of this project shall not exceed the dimensions herein authorized. Prior to commencer any
maintenance excavation, permittee shall advise the Department of Natural Resources, .. g r
e;�� �, in wasting, of the volume of material to be
removed, the manner of removal, and the spoil disposal site(s) proposed. Maintenance excavation shall not be commenced until the
Permittee's receipt of the Department's approval.
Excavated materials must be deposited or stored in an upland area, in a manner where the materials will not be redeposited into the
protected water by reasonably expected high water or ninoff.
5. Excavated material shall not be permanently placed within community designated flood plain areas or shoreland areas, unless all
necessary local permits and approvals have been obtained.
See Attachment A: Special Conditions continued
Authorized Signature
City of Oak Park Heights
Washington Soil and Water Conservation District
U.S. Army Corps of Engineers, Dan Seemon
Middle St. Croix Watershed District
Buck Malick, Mil-W1 Boundary Area Commission
Barr Engineering, Len Kraemer
John Linc Stine
Title
Administrator,
Water Mana • ement Section
DNR Conservation Officer, Chad Sherack
DNR Fisheries, Dave Zappetillo
DNR Wildlife, Bob Welsh
DNR Central Waters, Steve Johnson
DNR Central Waters, Ron Anderson
Lake St. Croix (82 -1) File
Data
SPECIAL PROVISIONS continued......--
ATTACHMENT A
AMENDED PERMIT #79 -6220
SUNNYSIDE MARINA
6. St. Croix River. (MnDOT/The Contractor/The Applicant) shall ensure that all equipment used for water resource ro'ects in
adequately decontaminated P .l the S t
Croix River has been
adeq y taminated for zebra mussels prior to being used. All equipment including but not limited to
tracked vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that comes in contact with any infested waters must be
thoroughly decontaminated. The (MnDOT/The Contractor/The Applicant) shall use the following inspection and removal procedures
for decontamination.
a. Drain all water from boats, trailers, bilges, live wells, coolers, bait buckets, engine compartments and any other areas where
water may be trapped.
b. Inspect boat hulls, propellers, trailers and other surfaces, scrape off any attached mussels, remove any aquatic plant material
(fragments, stems, leaves, or roots) and dispose of removed mussels and plants in a garbage can prior to transporting any
equipment on public roads.
c. Flush boats (inside and outside) and all other equipment with hot water of 105 -110 degrees F for a period of 30 minutes or
140 degrees F for a period of 5 painutes; or, instead of flushing equipment, leave the equipment in a location so that it dries
completely for a minimum of at least 5 consecutive full days.
7. No tie- alongs shall be allowed at the ends of piers 1 through 6.
8. No activity affecting the bed of the protected water may be conducted between March 15 and June 15, to minimize impacts h
spawning and migration. If work during this time is essential, it shall be done only upon written approval of the Area Fis ries
Manager, at 651-772-7950. .
9. Any additions or re- configuration of the structures must be authorized by amendment to this permit. (Future dock repair and
replacement may be authorized by the Area Hydrologist upon receipt of written request.) Structures shall be maintained in good
condition. The structures shall not be constructed with materials that would have a detrimental impact on aquatic organisms or water
quality. No increase in over -water mooring will be allowed.
10. Each slip in the marina shall be limited to the mooring of one watercraft.
11. If applicable, closed -cell foam or "tub" type flotation is required.
12. If the St. Croix Rules are amended to allow permanent pilings for off -shore marinas, the proposed pilings may be installed in
accordance with the May 17, 2000 plan.
13. Once the detailed plans for the excavated areas are completed, they must be submitted to the DNR for a minimum of a 30-day review.
•
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•
IN INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
PLANNING REPORT
TO: Tom Melena
FROM: Jason Lindahl /Scott Richards
DATE: September 5, 2000
RE: Oak Park Heights — Mandt Side Yard Setback Variance
FILE: 798.07 — 00.01
BACKGROUND
NORTHWEST ASSOCIATED CONSULTANTS
NORTHWEST ASSOCIATED CONSULTANTS
ENOIOSURE 3
The applicants, Terry and Christine Mandt, are requesting a four -foot side
q 9 and y
setback variance to allow the construction of a 192 square foot three - season
room addition to their existing single family home. The subject property is zoned
1 P P Y
R -1, Single Family Residential District and located at 14210 Upper 54 Street
North. A variance is necessary in this case because the ro osed addition
P P
encroaches four -feet into the required 10 -foot side yard setback from the easterly
property line.
Attached for Reference:
ANALYSIS
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Site Location Map
Site Plan
Floor Plan
Elevations
The setback standards for properties in the R -1, Single Family Residential
9 Y
District are outlined in the chart below. As illustrated, the ro osed addition fails
P P
to meet the 10 -foot side yard setback standard. As a result, the applicant is
seeking a four -foot side yard setback variance.
Setback Standards for Properties in the R -1 District
Setback Required Existing Proposed Status (As Proposed)
Front Yard 30 ft. 45 ft. 45 ft. Unchanged/Compliant
Side Yard 10 ft. 18 ft. 6 ft. Changed/Non-Compliant
Rear Yard 30 ft. 120 ft. 120 ft. Unchanged/Compliant
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2 -595 -9636 FAX 6 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM
According to Section 401.04.A.5, a variance from the terms of the City Ordinance
E 33Nift ndt be "granted unless it can be demonstrated that:
1. Undue hardship will result if the variance is denied due to the existence of
special conditions and circumstances which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structure or buildings in the same district.
Finding: There are no special conditions or circumstances that are
particular to the land, structure, or building that would cause an undue
hardship. Therefore, an undue hardship will not result from the denial of
this variance.
2. Literal interpretation of the provisions of this Ordinance would deprive the
applicant rights commonly enjoyed by other properties in the same district
under the terms of this ordinance or deny the applicant the ability to put
the property in question to a reasonable use.
Finding: Literal interpretation of the ordinance will not deprive the
applicants of rights commonly enjoyed by other properties in the R -1
District or deny the applicant the ability to use their property as a single
family home.
3. The special conditions and circumstances causing the undue hardship do
not result from the actions of the applicant.
Finding: Since there are no special conditions or circumstances, such as
topography or stands of mature trees, causing an undue hardship in this
case, this provision is not applicable.
4. Granting the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to other lands, structures,
or buildings in the same district under the same conditions.
Finding: Granting this variance request would confer on the applicants
special privileges that are denied by the Ordinance to other lands,
structures and buildings in the R -1 District in that. it would lessen the
setback requirement for this property without the existence of an undue
hardship. The applicants may construct the proposed addition on the
north side of their existing home without receiving a variance.
5. The request is not a result of non - conforming lands, structures, or
buildings, in the same district.
2
Finding: This variance request is not the result of non - conforming lands,
structures, or buildings in the R -1 District.
•
6. The request is not a use variance.
Finding: The applicant is requesting a four -foot side yard variance, which
is a structural, rather than a use variance.
7. The variance request is the minimum variance necessary to accomplish
the intended purpose of the applicant.
Finding: The request is not the minimum variance necessary in this case
because the applicant could construct the addition on the north (back) side
of the home without receiving a variance.
8. The request does not create an inconvenience to the neighboring
properties and uses.
Finding: To date, staff has not received any comments from neighboring
9 9
properties regarding this request.
40 In summary, the applicants have not demonstrated that their proposal meets the
requirements to grant a variance as set forth in Section 401.04.A.5 of the City
Code. Specifically, these findings indicate: that the applicants have reasonable
use of their property; that there are no special circumstances or conditions
affecting the land, structure, or building that are particular to this property; that
the building official has inspected the subject property and found no
topographical or structural issues that would prevent the applicants from
constructing the addition on the back side of their home; and that the applicants
have not demonstrated a hardship.
RECOMMENDATION
Staff recommends denial of a four (4) foot side variance to allow the construction
of a 192 square foot three - season addition on the east side of the existing single
family home located at 14210 Upper 54 Street North. This recommendation is
based on the findings contained in this report.
pc: Kris Danielson
Terry and Christine Mandt
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N
INC
MEMORANDUM
TO: Tom Melena
FROM: Scott Richards
DATE: September 6, 2000
RE:
FILE NO: 798.04 - 00.03
NORTHWEST ASSOCIATED CONSULTANTS
COMM UNITY PLANNING - DESIGN - MARKET RESEARCH
ENCLOSt,RE 4
Oak Park Heights - Public /Institutional and Open Space
Zoning Districts
As a follow up to the August 10, 2000 Planning Commission meeting, please find attached
• the draft ordinance to include the P /I, Public/Institutional District and the revised 0, Open
Space Conservation District within the Zoning Ordinance. The text of the P/1 and 0
Districts are as discussed at the August meeting. The additional sections of the ordinance
reflect the changes to the Zoning Ordinance that must be made to incorporate the new
zoning district. A summary of the changes to the Zoning Ordinance made by the attached
amending ordinance is found below. The Planning Commission should consider and make
a recommendation on the ordinance at their September 14, 2000 meeting.
Section 1. Section 401.20.A. The Public/Institutional District is added within the overall
listing of zoning districts.
Section 2. Section 401.15. B. 5. b includes a reference •
eference to requirements for grading projects within g g and
drainage plans for
p hin the Public /Institutional District.
Section 3. Section 401.15. B. 7.f.2 includes a requirement '
quirement for lighting within the Public/
Institutional District.
Section 4. Section 401.15.D.5 adds a limitation for -
r numbers of accessory buildings within
the Public /Institutional District.
Section 5. Section 401.15.E.8 requires fencing an
q g d screening provisions for public and
institutional uses.
5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2 -595 -9636 FAX 6 1 2- 595 -9837 E -MAIL NAC WINTERNET.COM
Setion 6 , . Section 401.15.E.10 requires a mandatory landscaping plan for Public/ Op
� In • D uses.
Section 7. Section 401.15.G.8.c makes the Public/Institutional District subject to the R -B
and B -1 District standards for signage and includes the Public/Institutional District within
the two sign tables.
Section 8. Section 401.21. The existing Open Space District is deleted and replaced
with the new text.
Section 9. Section 401.230. The Public/Institutional District text is added.
Section 10. Ordinance passage date.
pc: Kris Danielson
2
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2000 -
September 6, 2000
AN ORDINANCE CREATING SECTION 401.320, THE P -I, PUBLIC - INSTITUTIONAL
DISTRICT AND DELETING SECTION 401.21 IN ITS ENTIRETY AND REPLACING IT
WITH A NEW 0, OPEN SPACE CONSERVATION DISTRICT.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS ORDAINS:
Section 1. Section 401.20.A, Establishment of Districts, is hereby include y amended to include the
4 __ Public / Institutional District
a P / I Public / Institutional District
Section 2. Section 401.15. B.5. b, Grading and Drainage section, g n, is hereby amended to
include the following:
b. In the case of all residential subdivisions, multiple family, '
� p y, pubiic institutional, and
business developments, the grading and drainage plans shall be
9 p submitted to the
City Engineer for review and the final drainage plans shall
g p be subject to the
Engineer's written approval. In case of such uses, no modification '
n in grade and
drainage flow through fill, erection of retaining walls or other such
g action shall be
allowed until such plans have been reviewed and received written
approval from the
City Engineer.
Section 3. Section 401.15.B.7.f.2, Performance Standards, is hereby include
amended to include
the following:
2. Public / Institutional, Commercial and Industrial Districts. Any lighting used to
illuminate an off- street parking area, structure, or area shall be arranged so as to
deflect light away from any adjoining property or from any public right-of-way
Yp
in
accordance with the following provisions:
Section 4. Section 401.15.D.5, Number of Structures, is hereby amended to '
following:
y o include the
5. Number of Structures. No building permit shall be issued for the construction of
more than one (1) private garage or storage structure for each detached single
family dwelling, commercial baffdtng, ef industrial building, public or institutional
building except by approval of a conditional use permit according to the provisions
of Section 401.15.D.13 of this ordinance. Every detached single family dwelling
unit erected after the effective date of this ordinance shall be so located on the lot
so that at least a two (2) car garage, either attached or detached, can be located
on said lot.
Section 5. Section 401.15.E.8, Required Fencing and Screening, is hereby amended to
include the following:
8. Required Fencing and Screening, Where any public, institutional, business or
industrial use (Le., structure, parking or storage) abuts property zoned for
residential use, that public, institutional, business, or industry industrial use shall
provide screening along the boundary of the residential property. Screening shall
also be provided where a public, institutional, business, or or-inelustry industrial use
is across the street from a residential zone, but not on that side of ublic
p .
institutional, business, or industry , industrial use considered to be the front (as
determined by the Building Official). All fencing and screening specifically required
by this Ordinance shall be subject to Section 401.15.E.3 and shall consist of either
a fence or green belt planting strip as provided for below.
Section 6. Section 401.15.E.10, Required Landscaping - Semi - Public and All Income
Producing Property Uses, is hereby amended to include the following:
10. Required Landscaping - Public, Institutional. Semi - Public and All Income Producing
Property Uses. Prior to approval of a building permit, all above referenced uses
shall be subject to a mandatory landscape plan requirement. Said landscape plan
should be developed with an emphasis upon the following areas:
Section 7. Section 401.15. G.8. c, the District Regulations, is hereby amended to include
the following:
c. P -I, Public - Institutional, R -B, Residential Business and B -1, Neighborhood
Business Districts. Only two (2) signs per principal use may be erected upon the
subject property, subject to the following conditions:
2
•
•
SIGN TYPE AND MAXIMUM GROSS
SURFACE AREA IN SQUARE FEET
Percentage based upon total window area
Percentage based upon front building facade
150 square feet or 15% of front building facade whichever is less
100 square feet or 10% of front building facade whichever is less
Or 15% of the front building facade whichever is Tess
SIGN TYPE AND MAXIMUM HEIGHT IN FEET
•
Zoning
District
O
R-1/R-2
R -3
R -B
B -1
B -2
B -3
CBD
BW
1
P -1
Freestand-
ing
8 feet
6 feet
8 feet
8 feet
30 feet
20 feet
8 feet
20 feet
30 feet
8 feet
Identifica-
tion
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
Canopy, Marquee, Wall
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Address
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
Motor Fuel
Station -Price
Display
8 feet
8 feet
3
Political
4
Address
2
2
2
2
2
2
2
2
2
2
2
Direction
4
4
4
4
4
4
4
4
4
4
4
4
4
4
Con-
struction
32
32
50
50
50
50
50
50
50
50
50
Property
Sale or
Rental
12
4
32
32
32
32
32
32
32
32
32
Motor
Fuel
Station
Price
Display
16
16
Zoning
District
Free-
standing
Identi-
fication
Canopy
Marquee
Wall
Temp
Window
Perm
Window
O
24
2
24
—
25%*
R-1/R-2
40
2
18
—
25%*
R-3
—
2
—
,
—
25 %*
R - B
40
2
40
10 % **
25%*
B -1
40
2
40
1 0 % **
25 %*
B -2
150 * **
2
150 * **
10 % **
25 %*
B -3
50 * * * **
2
64
10 % **
25 %*
CBD
40
2
100 * * **
10% **
25 %*
BW
50 * * * **
2
64
—
25 %*
l
150 * **
2
150 * **
—
25 %*
P-1
40
2
40 _
10%*
25%*
SIGN TYPE AND MAXIMUM GROSS
SURFACE AREA IN SQUARE FEET
Percentage based upon total window area
Percentage based upon front building facade
150 square feet or 15% of front building facade whichever is less
100 square feet or 10% of front building facade whichever is less
Or 15% of the front building facade whichever is Tess
SIGN TYPE AND MAXIMUM HEIGHT IN FEET
•
Zoning
District
O
R-1/R-2
R -3
R -B
B -1
B -2
B -3
CBD
BW
1
P -1
Freestand-
ing
8 feet
6 feet
8 feet
8 feet
30 feet
20 feet
8 feet
20 feet
30 feet
8 feet
Identifica-
tion
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
Canopy, Marquee, Wall
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Top of parapet wall or eave
Address
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
3.5 inches
Motor Fuel
Station -Price
Display
8 feet
8 feet
3
Political
4
Address
2
2
2
2
2
2
2
2
2
2
2
Direction
4
4
4
4
4
4
4
4
4
4
4
4
4
4
Con-
struction
32
32
50
50
50
50
50
50
50
50
50
Property
Sale or
Rental
12
4
32
32
32
32
32
32
32
32
32
Motor
Fuel
Station
Price
Display
16
16
Section 8. Section 401.21, the 0, Open Space District is hereby deleted and the new 0,
Open Space District is added with the following stipulations:
401.21.A. Purpose. The O. Open Space Conservation District is intended to provide
a district which will allow suitable areas of the City to be retained and utilized for open
space, agricultural uses and provide a "holding" zone for newly annexed lands to ensure
that development will be staged to maintain reasonable economy in public expenditures .
for public utilities and service.
401.21.B, . Permitted Uses.
1. Farmin• and a•ricultural related buildin•s and structures sub'ect to Minnesota
Pollution Control Standards. but not including commercial feedlots or other
commercial operations.
2. Nurseries tree farms and . reenhouses all for the . rowin. f • lants but not to
include retail sales.
3. Single family dw s. ellin
9 Y g
4. Essential services.
5. D - care f - ci I ities servi n • twelve 12 or fewer • ersons.
6. Residential care facilities serving six (6) or fewer persons.
7 Cellular telephone antennas located on a public structure as regulated in Section
401.15.P of this Ordinance.
401.21.C. Interim Uses.
1. None.
401.21.D. Accessory Uses.
1. 0. eration and stora a of such vehicles e. ui • ment and machine which are
incidental to permitted or conditional uses allowed in this district.
2. Not more than four (4) boarders and /or roomers by a resident family.
3. Living quarters of persons employed on the premises.
4. Home occupations.
0
4
5 Recreational vehicles and equipment.
6. Swimming pool, tennis courts and other recreational � •
creational facilities which are operated
for the en ment and convenience of the residents of the •rind • al use and their
Iicable State standards.
uests when full
in com
•
•
1 •
liance with all a
T Tool houses sheds and similar buildin•s for sto •
ra a of domestic su lies and non-
commercial recreational equipment.
8. Private . ara. es • arkin s. aces and car • arts for licensed and o • erable •risen • er
cars and trucks.
• •
9. Radio and television antennas including single '
g g satellite dish TVROs one (1) meter
or less in diameter, short -wave radio dispatching ante
p g nnas, or those necessary for
the o. eration of household electronic e • ui • ment includ' '
in radio receivers federal)
licensed amateur radio stations and television receivers, •
avers, as regulated in Section
401.15.P of this Ordinance.
401.21.E. Conditional'Uses.
1. in .le satellite dish TVROs . reater than one 1 '
meter in diameter • rovided that:
The provisions of Section 401.03.A.8 and Section 401.15.P of this
Ordinance are considered and satisfactorily met.
2. Cellular telephone antennas not located on a public structure provided that:
a. The provisions of Section 401.03.A.8 and Section 401.15.P of this
Ordinance are considered and satisfactorily met.
a.
Section 9. Section 401.230, the P -I, Public - Institutional
District is hereby added with the
following stipulations:
401.320.A. Purpose. The P -1 District is intended to provide specific
.. p ide a specific zoning district for
facilities directed to serving the public and specialized government -
p g ernment and semi- public uses. ,
It is unique in that the primary objective of uses within '
this district is the provision of
services, frequently on a non - profit basis, rather than the sale of goods or services. It is
intended that uses within such a district will be com •atible with ad .
oinin develo•ment and
they will be located on or in proximit to a collector street or
arterial street.
5
401.320.B. Permitted Uses.
t Public! owned civic or cultural buildings such as libraries cit offices auditoriums
community centers, public administration buildings and historical sites.
2. Parks and recreational fields, structures and buildings.
3. Essential services and essential service structures necessary for the health, safety
and general welfare of the community.
4. Cellular telephone antennas located on a public structure as regulated in Section
401.15.P of this Ordinance.
401.320.C. Interim Uses,
1. None.
401.320.D. Accessory Uses.
t Accessory uses customarily incidental to the uses permitted in Sections 401.320.B,
401.320.C. and 401.320.D of this Ordinance.
2. Fences as regulated by Section 401.15.0 of this Ordinance.
3. Off- street . arkin and loadin areas re • ulated b ection 401.15. F of this
Ordinance.
4 , Parks, playgrounds, and athletic fields related to those uses permitted in Sections
401.320.B, 401.320.C. 401.320.D of this Ordinance.
5. Signage as regulated by Section 401.15.G of this Ordinance.
6 Radio and television receivin • antennas includin sin le dish TVR S s two 2
meters or less in diameter. short -wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment includin radio
including
receivers, federally licensed amateur radio stations and television receivers, as
regulated by Section 401.15.P of this Ordinance. ,
Day care nurseries for those uses permitted in Sections 401.320.B, 401.320.C,
401.320.D of this Ordinance. except for those related to a religious institution.
6
401.320.E. Conditional Uses.
1. Private and ublic re school elements unior or senior hi •h schools rovided
that:
•
a Adequate screening from abutting residential uses sand landscaping is
provided in compliance with Section 401.15.E. of this
Ordinance.
b Ade uate off- street arkin • and access is • rov'
ided on the site or on lots
ublic street or alle
•
•
abuttin
•
•
•
•
across a
to the
rinci
directi
al use in
compliance with Section 401.15.F. of this Ordinance and
that such parking
is ade • uatel screened and Iandsca ed from surro ' .
undin and abuttin
residential uses in compliance with Section 401.15.E. of this Ordinance.
c. Adequate off- street loading and service entrances
are provided and
regulated where applicable by Section 401.03.F. of this i
Ordinance.
d. Adequate emergency vehicle access is rovide •
p d to and within the site.
e. The site is served by an arterial or collector street of • '
sufficient capacity to
accommodate the traffic that will be generated.
f. The provisions of Section 401.03.A.8 of this Ordinance • are considered and
satisfactorily met.
2 , Private and public colleges. seminaries, and other in •
institutions of higher education
provided that:
a Adequate screening from abutting residential uses and landscaping 9 andscaping is
provided in compliance with Section 401.15.E. of this Ordinance.
b Adequate off - street parking and access is rovided
p on the site or on lots
directly abutting across a public street or alley to the principal e principal use in
compliance with Section 401.15.F. of this Ordinance and that such parking
is adequately screened and landscaped from surrounding and abutting
residential uses in compliance with Section 401.15.E. of this
Ordinance.
c Adequate off- street loading and service entrances i
are provided and
regulated where applicable by Section 401.03.F. of this Ordinance.
d The site is served by an arterial or collector street of sufficient capacity to
accommodate the traffic that will be generated.
7
e. The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
3. Reli • ious institutions such as cha•els tem.Ies s na• o. ues and mos ues limited
to worship and related social events provided that:
a. Ade uate screenin from abuttin • residential uses and Iandsca
provided in compliance with Section 401.15.E. of this Ordinance.
b. Ade uate off- street •arkin. and access is
n• is
•
•
directs
abuttin
ublic street or alle
•
•
•
•
across a
to the
nci
a
use in
compliance with Section 401.15.F. of this Ordinance and that such parkins
is ade•uatel screened and landsca•ed from surroundin• and abuttin
residential uses in compliance with Section 401.15.E. of this Ordinance.
c Ade uate off - street loadin• and service entrances are •rovided and
regulated where applicable by Section 401.03.F. of this Ordinance.
d. The site is served by an arterial or collector street of sufficient capacity to
accommodate the traffic that will be generated.
rovided on the site or on lots
e. The provisions of Section 401.03.A.8 of this Ordinance are considered
and satisfactorily met.
4. , Hospitals and residential care facilities provided that:
a Only the rear yard shall be used for play or recreational areas. Said area
shall be fenced and controlled and screened in compliance with Section
401.15.E. of this Ordinance.
b. All state laws and statutes governing such use are strictly adhered to and all
required operating permits are secured.
c. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 401.15.E. of this Ordinance.
d. Adequate off - street parking and access is provided on the site or on lots
directly abutting across a public street or alley to the principal use in
compliance with Section 401.15.F. of this Ordinance and that such a arkin
p is adequately screened and landscaped from surrounding and abutting
residential uses in compliance with Section 401.15.E. of this Ordinance.
8
•
a Adequate off - street loading and service entrances are provided and
regulated where applicable by Section 401.03.F. of this r i
0 d�nance.
f. The site is served by an arterial or collector street
t of sufficient capacity to
accommodate the traffic that will be generated.
g_ The provisions of Section 401.03.A.8 of this Ordinance
are considered and
satisfactorily met.
5 Correctional facilities and shelters p rovided that:
a , Facilities shall comply with all applicable codes and regulations g lations and shall
have, current and in effect, the appropriate state license
s.
b. On -site services and treatment shall be for residents '
is and inmates of the
facility only, and shall not be for non - residents or ersons outside facility.
p utside the facility.
c. All new buildings or additions to existing buildings shall be '
g g consistent with
the scale and character of the buildings in the neighborhood. '
9 g hood. Exterior
building materials shall also be harmonious with other i
buildings in the
neighborhood.
d. No correctional facility shall be closer than one thousand three hundred
twenty (1,320) feet from another licensed correctional facility or from any
property designated on the Land Use Plan as residential and /or designated
on the official zoning map as residential.
e. The conditional use permit is only valid as long as a valid state license is
held by the operator of the facility where such license is required.
f. Appropriate transition to neighboring property shall be provided by
landscaping and site design consistent with the City ordinances and policies.
g_ Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 401.15.E. of this Ordinance.
h. Adequate off - street parking and access is provided on the site or on lots
directly abutting across a public street or alley to the principal use in
compliance with Section 401.15.F. of this Ordinance and that such parking
is adequately screened and landscaped from surrounding and abutting
residential uses in compliance with Section 401.15.E. of this Ordinance.
9
i Ade. uate off- street loadin• and service entrances are •rovided and
regulated where applicable by Section 401.03.F. of this Ordinance
j� The site is served by an arterial or collector street of sufficient ca acit to
accommodate the traffic that will be generated.
k. The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
6 Nursing homes, residential care facilities, and similar group housing p rovided that:
a Ade• uate screenin from abuttin residential uses and landsca in is
provided in compliance with Section 401.15.E. of this Ordinance.
b. Adequate off- street parking and access is provided on the site or on lots
directly abutting across a public street or alley to the principal use in
compliance with Section 401.15.F. of this Ordinance and that such a arkin
p
is adequately screened and landscaped from surrounding and abutting
residential' uses in compliance with Section 401.15.E. of this Ordinance.
c. Adequate off- street loading and service entrances are provided and
regulated where applicable by Section 401.03.F. of this Ordinance.
d. The site is served by an arterial or collector street of sufficient capacity to
p Y
accommodate the traffic that will be generated.
e. The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
7 Outdoor recreation areas including golf courses, community clubs, swimming pools,
9p
and similar facilities provided that:
a Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 401.15.E. of this Ordinance.
b. Ade uate off- street • arkin and access is . rovided on the site or on Tots
directly abutting across a public street or alley to the principal use in
compliance with Section 401.15.F. of this Ordinance and that such parking
is ade uatel screened and landsca • ed from surroundin and abuttin .
residential uses in compliance with Section 401.15.E. of this Ordinance.
c. Adequate off- street loading and service entrances are provided and
regulated where applicable by Section 401.03.F. of this Ordinance.
10
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d The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
8. Day care, social services or other non-directly related worship activities an
accesso use within a reli•ious institutional buildin• s •rovided that
Adequate off- street loading and drop-off areas are r
p provided and regulated
where applicable by Section 401.03.F. of this Ordinance.
b The provisions of Section 401.03.A.8 of this Ordinance '
dinance are considered and
satisfactorily met.
a.
9. Governmental and public related utility buildings y g and structures necessary for the
health, safety and general welfare of the community provided •
y p vided that.
a Compatibility with the surrounding neighborhood is '
9 g maintained through
appropriate site planning and screening.
b Adequate screening from abutting residential uses •
g sand landscaping is
provided in compliance with Section 401.15.E of this rdi
0 Hance.
c. Equipment is completely enclosed in a ermanent
p structure and outside
storage areas are appropriately screened and landscaped.
p d.
d Adequate off- street parking. loading nd service entrances nces are provided and
regulated by Section 401.03.F of this Ordinance.
e The site is served by an arterial or collector street of sufficient '
capacity to
accommodate the traffic that will be generated.
f_. The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
14. Cemeteries or memorial gardens p rovided that:
a The site is landscaped and adequate screening from neighboring ghboring uses is
provided in compliance with Section 401.15.E. of this Ordinance.
b Adequate off- street parking and access is rovided on
p the site or on lots
direct) abuttin• across a •ublic street or alle to a •r'
inci al use in
compliance with Section 401.15.F of this Ordinance and that such parking
is adequately screened and landscaped from surrounding and d abutting
residential uses in compliance with Section 401.15.E of this Ordinance.
11
c. Com.atibilit with the surroundin• nei•hborhood is maintained and re•uired
setbacks and side yard requirements are met.
d. The total land area of the use shall not exceed forty (40) acres.
e. The site is served by an arterial or collector street of sufficient capacity to
accommodate the traffic that will be generated.
f. The provisions of Section 401.03.A.8 of this Ordinance are consideredand
satisfactorily met.
11. Livin carters which are . rovided as an accesso use to a . rinci . al conditional
or interim use in this Section, provided that:
..
a The use shall not be used as a rental property.
b. A maximum of one (1) such dwelling shall be allowed.
c There shall be a demonstrated need for such a facility.
Y
d. The provisions of Section 40t,03.A.8 of this Ordinance are considered and
satisfactorily met.
12. Limited retail commercial activities and personal services. provided that:
a Merchandise is sold at retail.
b. Personal services are limited to those uses and activities which are allowed
as a .ermitted or . ermitted accesso use within the B -1 Zonin • District.
c. The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
d. The retail activity and personal services shall not occupy more than fifteen
(15) percent of the gross floor area of the building.
e. The retail activity and personal services are not located within a structure
whose principal use is residential.
f. No direct) or indirect) illuminated si•n or si•n in excess of ten 10 s•uare
feet identifying the name of the business shall be visible from the outside of
the building.
12
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r
•
g. No sins or •osters of an t •e adv '
ertisin • • roducts for sale or services
shall be visible from the outside of the '
building.
The provisions of Section 401.03.A.8 of '
this Ordinance are considered
satisfactorily met. and
13. Buildin•s in excess of hei•ht limitations as s•ecified in Section 401.15.C.2 of this
Ordinance provided that:
a The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
14. Reduction in lot area requirements q s provided that:
a The provisions of Section 401.03.A.8 of '
this Ordinance are considered and
satisfactorily met.
15. Cellular telephone towers and antennas not located on a public structure roved
that:
provided
at:
a. The provisions of Section 401.03.A.8 and Section 401.15.P of this
Ordinance are considered and satisfactorily met.
401.320.F. Lot Requirements and Setbacks. The following minimum requirements
shall be observed in a P -I District, subject to additional requirements, exceptions and
modifications set forth in this Chapter.
1. Lot Area - Minimum Site Area:
a. Elementary, Middle and High School Facilities (Grades K -12) or Colleges.
Seminaries and Other Institutions of Hi her Education as a Princi•al se:
Fifteen (15) acres plus one (1) acre for each one hundred fifty (150) students
of planned maximum enrollment.
b. Hospitals: Ten (10) acres.
c. Religious Institutions: Three (3) acres.
d. Correctional Facilities and Shelters: Ten (10) acres.
e. Other Uses: Two 2 acres unless s•ecified
b conditional use • ermit.
I3
2. Setbacks:
a Abutting a Residential District.
1). Front Yard: Seventy -five (75) feet.
21 Side Yard: Seventy -five (75) feet.
3j. Rear Yard: Seventy -five (75) feet.
b. Abutting a Non-Residential District.
Front Yard: Fifty (50) feet.
21 Side Yard, Corner Lot: Fifty (50) feet.
31 Side Yard, Interior Lot: Thirty (30) feet.
41 . Rear Yard: Thirty (30) feet.
c. Specified Uses, Correctional Facilities /Shelters.
Front Yard: Two hundred (200) feet.
2.1 Side Yard: Four hundred (400) feet.
2). Rear Yard: Four hundred (400) feet.
3. Maximum Building Height.
a Principal Buildings: Forty -five (45) feet.
b. Accessory Buildin4: Twenty (20) feet.
Section 10. This Ordinance shall be in full force and effect upon its passage and
publication
PASSED this ____ day of , 2000
14
1
•
ATTEST:
By:
Tom Melena, City Administrator
15
CITY OF OAK PARK HEIGHTS
Bv:
David Schaaf, Mayor
•
Vierling ln rlophlordinancelROW.Sample 2
08/31/00
ORDINANCE NO.2000-
ENCLOSURE 5
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE REGULATING THE PLACEMENT OF PUBLIC UTILITIES,
ELECTRIC, PHONE LINES, CABLE SERVICES AND RELATED UTILITIES
UNDERGROUND
THE CITY COUNCIL FOR THE CITY OF OAK PA,ItK HEIGHTS DOES HEREBY
ORDAIN:
Section One. Amendment
The code of ordinances for the City of Oak Park heights ghts is hereby amended to add a
Chapter 1008, regulation the placement of ermane utilities
p nt public as follows:
"1008. 010. Purpose. The purpose of this section i
� is to promote the health. safety and
general welfare of the public and is intended to foster (i) safe travel over the nght -of -way, (ii)
non - travel related safety around homes and buildings where overhead feeds are c
(iii) orderly development connected and
in p nt in the city. Location and relocation, installation and '
Facilities in theright-of-way reinstallation of
must be made in accordance with this section.
1008.020. Definitions. The terms used in this section have the meanings given them.
Commission. "Commission" means the Minnesota ' ' '
Public Utilities Commission.
Facility. "Facility" means tangible asset in the u
p blic right -of -way required to provide
utility service. The term does not include Facilities ties to the extent the location and relocation of
such Facilities are preempted by Minnesota Statutes, • es Section 161.45, governing utility fie hwa Facility facility
placement in state trunk highways. ys. Facility does not mean electric transmission lines, as
distinguished from electric distribution lines.
Public right -of -way. "Public right-of-way" h •
has the meaning given it in Minnesota
Statutes, section 23 7.162, subdivision 3.
Right -of -way user. "Right-of-way user" means (1) •
Y a telecommunications right-of-way
user as defined by Minnesota Statutes, Section 23 7.162 subdivision
. , • ty, in the ,subdivision 4; or (2) a person owning
or controlling a facili right-of-way, g
g ay, that is used or intended to be used for rovidin
right under p g
utility service, and who has a ri
g r law, franchise or ordinance to use the public right-of-
way. ht -of-
p g
Utility service. "Utility service" means and includes: •
des. (1) service provided by a public
utility as defined in Minnesota Statutes, Section subdivisions 216B.02, subdivisions 4 and 6; (2) services of
a telecommunications right-of-way user, including y � g the transporting of voice or data
information; (3) services provided by a cable communications system as defined in Minnesota
a
Statutes, Section 238.02, subdivision 3; (4) natural gas or electric energy or
telecommunications services provided by a local government unit; (5) services provided by a
cooperative electric association organized under Minnesota Statutes, chapter 308A; and (6)
water, sewer, steam, cooling or heating services.
1008.030. Undergrounding of Facilities. Facilities placed in the ublic right-of-way
P g y
must be located, relocated and maintained underground pursuant to the terms and conditions of
this section and in accordance with applicable construction standards. intended
This section is intended
to be enforced consistently with state and federal law regulating right-of-way users, specifically
g g y p fically
including but not limited to Minnesota Statutes, Sections 161.45, 23 7.162 23 7.163 300.03,
3,
222.3 7, 238.084 and 2168.36 and the Telecommunications Act of 1996, Title 47, USC Section
253. '
1008.040. Undergrounding of New Facilities. A new Facility or a permanent
extension of Facilities must be installed and maintained underground when supplied to:
(a) a new installation of buildings, signs, streetlights or other structures;
(b) a new subdivision of land; or
(c) a new development or industrial park containing new commercial or industrial
buildings.
All owners, developers, persons submitting plats to the city for approval as well as any
utility company serving said developments are responsible for complying with the
terms and provisions of this ordinance and prior to final approval of any plat,
subdivision or development plan shall submit to the city a written statement from the
appropriate utility company(ies) showing that all necessary arrangements with said
companies for underground service and installation have been made. To the extent
practical all underground work shall be completed prior to street surfacing.
1008.050. Undergrounding of Permanent Replacement, Relocated or
Reconstructed Facilities. A permanent replacement, relocation or reconstruction of a Facility
of more than 300 feet must be located, and maintained underground, with due regard for
g g
seasonal working conditions. For purposes of this section, reconstruction means any
substantial repair of or any improvement to existing Facilities. Undergrounding is required
g g q
whether a replacement, relocation or reconstruction is initiated by the right-of-way user owning .. g Y g
or operating the Facilities, or by the city in connection with (1) the present or future use by the
city or other local government unit of the right -of -way for a public project, ( 2 ) the public health
or safety, or (3) the safety and convenience of travel over the right-of-way.
y
1008.060. Retirement of Overhead Facilities. The city council may determine
whether it is in the public interest that all Facilities within the city, or within certain districts
designated by the city, be permanently placed and maintained underground by a
g y date certain or
target date, independently of undergrounding required pursuant to sections (new Facilities)
Vierling \n- r \oph \ordinance\ROW.Sample 2
08/31/00
and (replacement Facilities) of this Code. The decision to underground must be preceded
410 by a public hearing, after published notice and written notice to the utilities affected. (Two
weeks published: 30 days written.) At the hearing the council must consider item (1)- (4) in
section of this Code and make findings. Undergrounding may not take place
until city council has, after hearing and notice, adopted a plan containing items (1) - (6) of
section of this Code.
•
1008.070. Public Hearings. A hearing shall be •
g e open to the public and may be
continued from time to time. At each hearing any •
g y person interested must be given an
opportunity to be heard. The subject of the public hearings issue P gs shall be the issue of whether
Facilities in the right-of-way in the city, located •
ty� within a certain district, shall all be located
underground by a date certain. Hearings are not of necessary for the undergrounding required
under sections and
of the City Code.
1008.080. Public Hearing Issues. The issues -
to be addressed at the public hearings
include but are not limited to: g
(1) The costs and benefits to the public of requiring the undergrounding of
all Facilities in the right -of -way.
(2) The feasibility and cost of undergrounding all Facilities by a date certain
as determined by the city and the affected utilities.
The tariff requirements, procedure and rate design for recovery or
intended recovery of incremental costs for undergrounding by the
utilities from ratepayers within the city.
(4) Alternative financing options available if the city deems it in the public
interest to require undergrounding by a date certain and deems it
appropriate to participate in the cost otherwise borne by the ratepayers.
Upon completion of the hearing or hearings, the city council must make written findings on
whether it is in the public interest to establish a plan under which all Facilities will be
underground, either citywide or within districts designated by the city.
1008.090. Undergrounding Plan. If the council finds that it is in the public interest to
underground all or substantially all Facilities in the public right of way, the council must
establish a plan for such undergrounding. The plan for undergrounding must include at least
the following elements:
(3)
(1) Timetable for the . under roundin
g g
(2) Designation of districts for the undergrounding grounding unless, undergrounding
plan is citywide
Vierling\n - r \oph \ordinance \ROW.Sample 2
08/31/00
Attest:
(3)
Exceptions to the undergrounding requirement and procedure for
establishing such exceptions.
(4) Procedures for the undergrounding process, including but not limited to
coordination with city projects and provisions to ensure compliance with
nondiscrimination requirements under the law.
(s)
A financing plan for funding of the incremental costs if the city determines
that it will finance some of the undergrounding costs, and a determination
and verification of the claimed additional costs to underground incurred by
the utility.
(6) Penalties or other remedies for failure to comply with the undergrounding.
Section Two: Effective Date.
This ordinance shall be in full force and effect from and after its assa a and
publication according to law.
P g
Passed by the City Council of the City of Oak Park Heights this day of
,2000.
Thomas Melena, City Administrator
Vierling \n- r \oph\ordinance\ROW.Sample 2
08/31/00
David Schaaf, Mayor
•
Vierling\n - r \oph \ordinance \ROw\Sample4
08/3 1 /00
ORDINANCE NO. 2000-
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE TO ENACT CHAPTER 704
OF THE CODE
OF ORDINANCES FOR THE CITY OF OAK PARK HEIGHTS
TO ADMINISTER AND REGULATE THE PUBLIC RIGHTS OF WAY
IN THE PUBLIC INTEREST AND TO PROVIDE FOR THE ISSUANCE
ABND REGULATION OF RIGHT OF WAY PERMITS
THE COUNCIL OF THE CITY OF OAK PARK HEIGHTS ORDAINS:
Section One. Amendment.
The code of ordinances of the City of Oak Park Heights is hereby amended at add a
Chapter 704 as follows:
ENCLOSURE 6
"Sec. 704.01. Findings, Purpose, and Intent.
To provide for the health, safety and welfare of its citizens, -
izens, and to ensure the integrity of its
streets and the appropriate use of the rights-of-way, he city •
y ty stnves to keep its rights-of-way in a
state of good repair and free from unnecessary encumbrances.
brances.
Accordingly, the city hereby enacts this new chapter •
pt er of this code relating to right-of-way
permits and administration. This chapter imposes y
p mposes reasonable regulation on the placement and
maintenance of facilities and equipment currently within its rights-of-way
� Y or to be placed
therein at some future time. It is intended to complement the regulatory gulatory roles of state and
federal agencies. Under this chapter, persons excavating •
• . • P their work. F � P ating and obstructing the rights-of-way will
bear financial responsibility for thei' y
Finally, this chapter provides for recovery of out -
of- pocket and projected costs from persons �
p sons using the public rights-of-way.
This chapter shall be interpreted consistently '
y w lth 1997 Session Laws, Chapter 123,
substantially codified in Minnesota Statutes Sectio ns 23 7.16, 237.162, 23 7.163, 23 7.79, 23 7.81,
"Act") i
and 238.086 (the and the other laws governing •
g g applicable rights of the city and users of
the right -of -way. This chapter shall also be interpreted '
rp d consistent with Minnesota Rules
7819.0050 - 7819.9950 where possible. To the extent ' '
any provision of this chapter cannot be
interpreted consistently with the Minnesota Rules, '
,that interpretation most consistent with the
Act and other applicable statutory and case law is intended. '
ded. This chapter shall not be
1
interpreted to limit the regulatory and police •
g ry p e powers of the city to adopt and enforce general protect P g ral
ordinances necessary p ct the health, safety and welfare of the p ublic.
Sec. 7.02. Election to Manage the Public Rights-of-Way
g
Pursuant to the authority granted to the city under er state and federal statutory, administrative
hereby elects and
common law, the city y pursuant Minn. Stat. 23 7.163 subd.
of -way 2 (b), to manage rights-
- y within its jurisdiction.
Sec. 7.03. Definitions.
The following definitions apply in this chapter of this thus code. References hereafter to "section "
are unless otherwise specified references to sections i s
in this chapter. Defined terms remain
defined terms whether or not capitalized.
"Abandoned Facility" means a facility •
tY ility no longer in service or physically
from a portion facility, p Y y disconnected
p of the operating or from any other facility, •
• .Y ility, that is in use or still
carries service. A facility is not abandoned unless declared so
by the right -of -way user.
"Applicant" means any person requesting permission right-of-
way.
q g p ssion to excavate or obstruct a n g
"City" means the city of Oak Park Heights Minnesota. •
g sota. For purposes of section 704.27,
city means its elected officials, officers, agents.
employees and a
Y g
"Commission" means the State Public Utilities '
Commission.
"Congested Right -of -Way" means a crowded condition � -
c
right -of -way that occurs when the maximum in the subsurface of the public
um lateral spacing between existing facilities does not allow g
w for construction of new underground facilities digging � s
without using gg g to expose the existing lateral facilities in conformance with Statutes, section a ��
sect
ion 216D.04. subdivision 3, over a continuous len
of 500 feet. gth in excess
"Construction Performance Bond" means any of
y the following forms of security
provided at ermittee's option:
p p
Vierling \n- r \oph \ordinance\ROVSample4
08/31/00
A. Individual project bond;
B. Cash deposit;
C. Security of a form listed or approved and Minn. Pp under M Stat. Sec.
15.73, subd. 3;
D. Letter of Credit, in a form acceptable to city;
the city;
E. Self - insurance, in a form acceptable to the ;
P city,
2
F. A blanket bond for ro'ects within city, J hin the city, or other form of
construction bond, for a time specified and in a form acceptable
to the city.
"Degradation" means a decrease in the useful
1 life of the right-of-way caused by in or disturbance of the right-of-way, Y
ght -of -way, resulting in the need to reconstruct than would ct
such right-of-way ould be required if the excavation or disturbance
did not
occur.
"Degradation Cost" subject to Minnesota Rules 7819.1 100 means the cost to achieve
a level of restoration as determined by the city at •
Y ty t the time the permit is issued, not to
exceed the maximum restoration shown in lates I to •
p o 13, set forth in Minnesota Rules
parts 7819.9900 to 7819.9950.
"Degradation Fee" means the estimated fee established time at the time of permitting by the
city to recover costs associated with the g y
e decrease in the useful life of the right-of-way
caused by the excavation, g y
and which equals the degradation cost.
"Department" means the department of public p works of the city.
"Department Inspector" means any person authorized •
Y p thonzed by the city to carry out
inspections related to the provisions of this chapter.
"Director" means the director of the department o •
p f public works of the city, or her or
his designee.
"Delay Penalty" is the penalty imposed as a result •
p t of unreasonable delays in right-of-
way excavation, obstruction, patching, or restoration as esta •
bushed by permit.
"Emergency" means a condition that (1) oses a d poses danger to life or health, or of a
significant loss of property; or (2) requires immediate
q to repair or replacement of
in order to restore service to a customer.
"Equipment" means any tangible asset used to ' facilities •
g install, repair, or maintain in
any right -of -way.
"Excavate" means to dig into or in any way remove disturb y o e or physically disturb or penetrate
any part of a right -of -way.
"Excavation permit" means the ermit which, pursuant , p uant to this chapter, must be
obtained before a person may excavate in a right-of-way.
An Excavation permit allows
the holder to excavate that part of the right-of-way •
g y descnbed in such permit.
"Excavation permit fee" means money paid to the city •
Y p ty by an applicant to cover the
costs as provided in Section 704.11.
V ierling\n- r \oph \ordinance\RO WNSamp le4
08/31/00
3
"Facility or Facilities" means any tangible asset in the he nght -of -way required to rovlde
Utility Service. p
"Five -year project p Ian" shows ro' ects adopted by the J p y he city for construction within the
next five years.
"High Density Corridor" means a designated portion of public p f the public nght -of -way within
which telecommunications right-of-way users having multiple
Y g ltiple and competing
may be required to build and install facilities in a common conduit system or other
common structure.
"Hole" means an excavation in the avement with the excavation having � xcavation having a length less
than the width of the pavement.
"Local Representative" means a local erson or persons, o
p p or designee of such person or
persons, authorized by a registrant to accept service and to make ' '
decisions for that
registrant regarding all matters within the scope of this chapter.
pter.
"Management Costs" means the actual costs the city incurs •
ty urs in managing its rights-of-
Way, including such costs, if incurred, as those associated ;
with registering applicants,
issuing, processing, and verifying right-of-way ermit a • inspecting •
p applications; inspecting sites
and restoration projects; maintaining, supporting, protecting,
pP g� p g, or moving user
during right -of -way work; determining the adequacy of right-of-way •
q y restoration,
restoring work inadequately performed after rovidin notice and g d the opportunity to
correct the work; and revoking right -of -way permits. Management include
costs do not include
payment by a telecommunications right -of -way User for the use of '
the right-of-way, the
fees and cost of litigation relating to the interpretation of '
• i•p Minnesota Session Laws 1997,
Chapter 123 ; Minnesota Statutes Sections 237.162 or 237.163 ordinance or any ordinance enacted
under those sections, or the city fees and costs related to appeals pp als taken pursuant to
Section 704.30 of this chapter.
"Obstruct" means to place any tangible object in a right-of-way hinder g y so as to hinder free and
open passage over that or any part of the right -of -way.
"Obstruction Permit" means the permit which, pursuant to this chapter, hapter, must be
obtained before a person may obstruct a right-of-way, allowin
g the holder to hinder free
and open passage over the specified portion of that right-of-way, f
or the duration
specified therein.
"Obstruction Permit Fee" means money aid to the city by a permittee tY y p ittee to cover the
costs as provided in Section 704. 12
"Patch or Patching" means a method of pavement replacement that is temporary mporary in
nature. A patch consists of (1) the compaction of the subbase and aggregate bas
base, and
Vierling\n -r \oph \ordinance \ROW\Sample4
08/31/00
4
(2) the replacement, in kind, of the existing ing pavement for a minimum of two feet
beyond the edges of the excavation in all '
directions. A patch is considered full
restoration only when the pavement is included the city's five year ro ect plan.
P � P
"Pavement" means an type of improved P p d surface that is within the ublic right-of-way or otherwise P ght -of -way
and that is
P herwise constructed with bitumino us, concrete, aggregate, or
gravel.
"Permit" has the meaning given "right-of-way •
g g permit" in Minnesota Statutes, section 7.162. ,section
"Permittee" means any person to whom
a permit to excavate or obstruct aright -of -wa
has been granted by the city under this chapter.
.
"Person" means an individual or entity subject ty ub� ect to the laws and rules of this state, or '
however organized, whether
P private, whether domestic or foreign, whether for or nonprofit, and whether natural, g or
al, corporate, or political.
"Probation" means the status of a erso
• person that has not complied with the conditions of
this chapter. (Note: This ara ra h is included •
P g p neluded as an option for your city.)
tY)
"Probationary Period" means one year from probation. robation. m the date that a person has been notified '
venting that they have been put on (Note: m This paragraph is included as an
option for your city.)
"Registrant" means any person who (1) has as or seeks to have its equipment or fa '
right-of-way, facilities
located in any
or (2) in any way occupies or uses, or seeks to
use, the right -of -way or lace its faci ' ' occupy or
P lities or equipment in the right-of-way
g Y
"Restore or Restoration" means •
ans the process by which an excavated ri ht -o -
surroundin area, including g f way and
uding pavement and foundation, • •
g on, s returned t o the
that existed same condition
and life expectancy ed before excavation.
"Restoration Cost" means the amount of •
money paid to the city by a permittee to
achieve the level of restoration according to � • • .
g plates I to 1 � of Minnesota Public Utilities
Commission rules.
"Public Right - of - Way "m eans the area on, •
, below, or above a public roadway, highway, y' g y'
street, cartway, bicycle lane and
public sidewalk in which the city has an interest, for travel '
including other dedicated rights-of-way y a el purposes and utility easements of the
city. Aright -of -way does not include the airwaves above a right-of-way with regard to
cellular or other nonwire telecommunication •
s or broadcast service.
"Right-of-Way Permit" means either the excavation •
tion pen -.rut or the obstruction permit, or
both, depending on the context, required by this y his chapter.
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"Right -of -Way User" means (1) a telecommunications '
(1) cations ri ht -of -wa user y ser as defined by
Minnesota Statutes, section 23 7.162, subd. 4; or (2) a erson owning
in the p caning or controlling a
facility right -of -way that is used or intended to be used • •
d for utility
service, and who has a right under law, franchise, or ordinance • ht -of,
-way.
dinance to use the public n g
"Service or Utility Service" includes (1) hose •
) services provided by a public utility in Minn. Stat. 216 Y p �' as B . 02, subds. 4 and 6; (2) services of a telecommunications
right-of-way user, including o�� cations
Y g transporting of voice or data information• � (3) services of a
cable communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas
or electric energy or telecommunications services provided by •
p y the city; (5) services
provided by a cooperative electric association organized Minn. g zed under Mi Stat., Chapter
308A; and (6) water, sewer, stern, cooling or heating ng services.
"Supplementary Application" means an application pp ion made to excavate or obstruct more
of the right -of -way than allowed in, or to extend, issued.
a permit that had already been ssued.
"Temporary Surface" means the compaction o
p of sublease and aggregate base and
replacement, in kind, of the existing pavement only i
g p y to the edges of the excavation. It is
temporary '
p ary in nature except when the replacement is of pavement included
ear p ded in the
two
year plan, in which case it is considered full restoration.
"Trench" means an excavation in the avement with ,with the excavation having a length
equal to or eater than the
�' width of the pavement.
"Telecommunication right-of-way User" means ans a person owning or controlling a
facility in the right -of -way, or seeking to own or Facility g control a Facility ul the right-of-way,
that is used or is intended to be used for transporting Y
sporting telecommunication or other voice
or data information. For purposes of this chapter, •
p , a cable communication system
defined and regulated under Minn. Stat. Chap. •
p 23 8, and telecommunication activities
related to providing natural gas or electric energy services services whether provided by a public
utility as defined in Minn. Stat. Sec. 216B.02, a
municipality, a municipal gas or
power agency organized under Minn. Stat. Chaps. 453 and 453
p 453A, or a cooperative
electric
association organized under Minn. Stat. Chap. 308A, are not
telecommunications right -of -way users for oses this of this chapter.
"Two Year project Plan" shows ro' ects adopted by city J p Y the city for construction within
the next two years.
Sec. 704.04. Administration.
The director is the principal city official responsible •
right-of-way permits, and the ordinances p for the administration of the rights-of-way,
n g y '
ances related thereto. The director may delegate the duties hereunder. y g ate any o r all
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6
Sec. 740.05. Registration and '
R.�ght-of -Way . Occu anc
•
P y
Subd. 1. Registration. Each er
p son who occupies, uses, or seeks to •
ui ment or occupy or use, the right-
of -way or place any e
q p r in or on the right-of-way, '
including persons with
installation and maintenance responsibilities by lease, sublease or
assignment, must register
with the city. Registration will consist of providing application information •
registration fee. ormation and paying a
Subd. 2. Registration Prior to Work No person may construct, install, or perform any � sal, repair, remove,
relocat
• P y other work on, or use any facilities •
way without f rst y s or any part thereof in any n ht -of-
being registered with the city.
y g
Subd. 3. Exceptions. Nothing herein g rein shall be construed to repeal or • •
er P amend the provisions of a
city ordinance permitting persons to plant or maintain boulevard lant• •
' p legs or gardens in the
area of the right -of -way between their property and the street curb. Persons lantin
s or P g or
maintaining boulevard plantings gardens shall not be deemed to use or •
way, and shall not be required to obtain occupy the nght -of-
planting or maintaining such boulevard any permits or satisfy any other requirements
p q ents for
d plantings or gardens under this chapter. hapter. However,,
nothing herein relieves a
person from complying with the rovisi ons of the Minn. 216D, Gopher One Call Law.
Scat. Chap.
aw. P
Sec. 704.06. Registration Information.
Subd. 1. Information Required. The information provided to the city at the time of registration
shall include, but not be limited to:
(a) Each registrants name, Gopher One -Call registration certifica
number, address and email address if applicable, to
pplicable, and telephone and facsimile
numbers.
(b) The name, address and e- .
mail address, if applicable, and
telephone and facsimile numbers
of a local representative. The local
representative or designee shall be available times. all times. Current information
regarding how to contact the local representative '
provided P sentative in an emergency shall be
P d at the time of registration.
(c) A certificate of insurance or self-insurance:
(1) Verifying that an insurance olic •
P y has been issued
to the registrant by an insurance company licensed to do .
y li business in the
State of Minnesota, or a form of self insurance acceptable to the city;
(2) Verifying that the registrant is insured nsured against
claims for personal injury, including death, as well as claims
for property
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damage arising out of the (i) use and occupancy p y of the right-of-way by
the registrant, its officers, agents, employees • •
and permittees, and (11)
placement and use of facilities and equipment '
in the right-of-way by the
registrant, its officers, agents, employees and e •
p rmittees, including, but
not limited to, protection against liability arising g from completed
operations, damage of underground facilities and collapse of property;
(3) Naming the city as an additional insured
whom the coverages required herein are in force
and applicable and for
whom defense will be provided as to all such coverages;
(4) Requiring that the city be notified thirty rty days
in advance of cancellation of the policy or material modification
Y of a
coverage term;
(5) Indicating comprehensive liability coverage,
automobile liability coverage, workers compensation and umbrella
coverage established by the city in amounts sufficient to protect the city
and the public and to carry out the purposes and policies of this chapter.
(d) The city may require a copy of the actual insurance policies.
(e) If the person is a corporation, a copy of the certificate required to
be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of
State.
(f) A copy of the person's order antin a certificate '
� g e � authority
from the Minnesota Public Utilities Commission or other applicable state or
federal agency, where the person is lawfully required to '
Y q have such certificate
from said commission or other state or federal . a enc
g Y
Subd. 2. Notice of Changes. The registrant shall keep all o '
g p f the information listed above
current at all times by providing to the city information as to changes within thin fifteen (15) days
following the date on which the registrant has knowledge o
g f any change.
Sec. 704.07. Reporting Obligations.
Subd. 1. Operations. Each registrant shall, at the time of registration g ion and by December 1 of
each year, file a construction and major maintenance lan for underground
p g ound with the
city. Such plan shall be submitted using a format designated by the city and •
g y ty d shall contain the
information determined by the city to be necessary to facilitate the coordination •
�'Y ordination and reduction
in the frequency of excavations and obstructions of . ri hts -of -wa
g Y
The plan shall include, but not be limited to, the following
g
8
•
(a) The locations and the estimated beginning
and ending dates of all
projects to be commenced during the next calendar e •
y ar (in this section, a "next -
year project "); and
(b) To the extent known, the tentative locations cations and estimated
beginning and ending dates for all ro'ects contemplated � ontemplated for the five years
following the next calendar ear (in this sect' - • Y section, a "five-year project").
.
P J )
The term "project" in this section shall include •
e both next -year projects and five-year projects.
Y p � ts.
By January 1 of each year the city will have available tY ailable for inspection in the city's office list of all projects tY ce a
composite p of ects of which the city has been informed of the
annual plans. All
registrants are responsible for keeping themselves informed g informed of the current status of this list.
Thereafter, by February 1, each registrant may •
g y change any project in its list of ear
projects, and must notify the city next- and all other y
tY ther registrants of all such changes in said list. foregoing, g st.
Notwithstanding g g, a registrant may at any time join in a next-year
registrant listed by Y project of
another re
g y the other registrant.
Subd. 2. Additional Next- Year Projects. Notwithstanding •
.� otwithstanding the foregoing, the city will not deny
tY eny
an application for a right-of-way way pernut for failure to include a project in a lan submitted has used P nutted to
the city if the registrant sed commercially reasonable efforts to anticipate
project. and plan for the
J
Sec. 704.08. Permit Requirement.
Subd. 1. Permit Required provided in this t as otherwise '
P s code, no person may obstruct
or excavate any right -of -way without first having obtained the appropriate g ppropriate right -of -way permit
from the city to do so.
(a) Excavation Permit. An excavation e '
p rnut is required by a
registrant to excavate that part of the right-of-way de '
scribed in such permit and
to hinder free and open passage over the specified portion , . p portion of the right-of-way by
placing facilities described therein, to the extent
and for the duration specified
therein.
(b) obstruction Permit. An obstruction e 't is required rnu is required by a
registrant to hinder free and open assa e over the specified portion g pecified portion of right-of-
way by placing equipment described therein on the right-of-way, to the extent
and for the duration specified therein. An obstruction e •
p rnut is not required if a
person already possesses a valid excavation ermit for the same project.
prof ect.
Subd. 2. Permit Extensions. No erson may excavate
P y obstruct the right -of -way beyond the
date or dates specified in the permit unless (i) uch person • on
p son makes a supplementary application
PP
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9
for another right -of -way permit before the expiration ' •
piration of the initial permit, and (ii) anew e ' or ermit extensio permit
P extension is granted.
Subd. 3. Delay Penalty. In accordance with Minnesota Rule 7819. 1000 subp. 3 and
tthst ding subd. 2 of this Section, the city shall •
ty 11 establish and impose a delay penalty for
unreasonable delays in right-of-way excavation, y P �
g y obstruction, patching, or restoration.
penalty shall be The
delay P tY established from time to time by city council resolution.
ty iI resolution.
Subd. 4. Permit Display. Permits issued under '
this chapter shall be conspicuously displayed otherwise available at P y played
all times at the indicated work site and shall •
1 be available for inspection
by the city.
Sec. 704.09. Permit Applications.
Application for a permit is made to the city. Right -of -way permit applications shall contain,
and will be considered complete only upon compliance with the requirements of the following
provisions: [Note: Copy of permit application is to be included at end of document.]
(a) Registration with the city pursuant to this chapter;
(b) Submission of a completed permit application form, including all
required attachments, and scaled drawings showing the location and area of the
proposed project and the location of all known existing and proposed facilities.
(c) Payment of money due the city for:
(1) permit fees, estimated restoration costs and other management costs;
(2)
(3)
prior obstructions or excavations;
any undisputed loss, damage, or expense suffered city by the city because of
applicant's prior excavations or obstructions of the rights-of-way or any
emergency actions taken by the city;
(4) franchise fees or other charges, if applicable.
(d) Payment of disputed amounts due the city by posting security or
depositing in an escrow account an amount equal to at least I IO% of the amount
owing.
(e) Posting an additional or larger construction performance bond for
additional facilities when applicant requests an excavation permit to install
additional facilities and the city deems the existing construction performance
bond inadequate under applicable standards.
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Sec. 704.10. Issuance of Permit; Conditions.
Subd. 1. Permit Issuance. If the Applicant has satisfied this shed the requirements of this chapter, the
city shall issue a permit.
Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the
permit and the performance of the applicant thereunder to protect the health, safety and
welfare or when necessary to protect the right -of -way and its current use.
Sec. 704.11. Permit Fees. The City Council may from time to time establish by way of
resolution fees for permits issued pusuant to this chapter. [Note: Sample fee schedules
included in the appendix; also note that Minn. Rules 7819.1000 establishes
requirements for establishing fees.]
Subd. 1. Excavation Permit Fee. The city shall establish an Excavation permit fee in an
amount sufficient to recover the following costs:
(a)
(b)
the city management costs;
. degradation costs, if applicable.
Subd. 2. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall
be in an amount sufficient to recover the city management costs.
Subd. 3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued
without payment of excavation or obstruction permit fees. The city may allow Applicant to
pay such fees within thirty (30) days of billing.
Subd. 4. Non Refundable. permit fees that were paid for a permit that the city has revoked for
a breach as stated in Section 704.21 are not refundable.
Subd. 5. Application to Franchises. Unless otherwise agreed to in a franchise, management
costs may be charged separately from and in addition to the franchise fees imposed on a right-
of -way user in the franchise.
Sec. 704.12. Right -of -Way Patching and Restoration.
g ration.
Subd. 1. Timing. The work to be done under the excavation permit, and the patching and
restoration of the right -of -way as required herein, must be completed •
p ed within the dates specified
in the permit, increased by as many days as work could Y ould not be done because of circumstances
beyond the control of the permittee or when work '
was prohibited as unseasonal or unreasonable
under Section 1.16.
Subd. 2. Patch and Restoration. Permittee shall a city tch its own work. The city may choose
either to have the permittee restore the right-of-way or •
g y to restore the right -of -way itself.
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11
(a) City Restoration. If the city restores the right -of -way, permittee
shall pay the costs thereof within thirty (30) days of billing. If, following such
Restoration, the pavement settles due to permittee's improper backfilling, the
permittee shall pay to the city, within thirty (30) days of billing, all costs
associated with correcting the defective work.
(b) Permittee Restoration. If the permittee restores stores the right -of -way
i
itself, it shall at the time of application for an Excavation permit post a
construction performance bond in accordance with the rov' '
p isions of Minnesota
Rule 7819.3 000.
(c) Degradation fee in Lieu ofRestoration. In lieu right-of-way
.f lieu of n t of wa
restoration, a right -of -way user may elect to pay a degradation fee.
g However,
the right -of -way user shall remain responsible for patching p tclung and the degradation
fee shall not include the cost to accomplish these responsibilities.
p
Subd. 3. Standards. The permittee shall perform excavation, •
p tion, backfilling, patching and
restoration according to the standards and with the materials specified p by the city and shall
comply with Minnesota Rule 7819.1 100.
Subd. 4. Duty to Correct Defects. The permittee shall correct defects in patching, or
restoration performed by permittee or its agents. Permittee upon notification from the city, shall
correct all restoration work to the extent necessary, using the method required by the city. Said
work shall be completed within five (5) calendar days of the receipt of the notice from the city,
not including days during which work cannot be done because of circumstances constituting
force majeure or days when work is prohibited as unseasonal or unreasonable under Section
704.17.
Subd. 5. Failure to Restore. If the permittee fails to restore '
the right -of -way in the manner and
to the condition required by the city, or fails to satisfactorily and timely complete all restoration
required by the city, the city at its option may do such work. In •
Y that event the permittee shall
pay to the city, within thirty (30) days of billing, the cost of restoring right-of-way. g g the right of way. If
permittee fails to pay as required, the city may exercise its rights
Y under the construction
performance bond.
Sec. 704.13. Joint Applications.
Subd. 1. Joint application. Registrants may jointly a 1 for Y apply permits to excavate or obstruct
the right -of -way at the same place and time.
Subd. 2. Shared fees. Registrants who apply for permits obstruction y p for the same obstruction or
excavation, which the city does not perform, may share in the payment of the y he obstruction or
excavation permit fee. In order to obtain a joint permit, registrants must agree g g among
themselves as to the portion each will a and indicate the same on applications.
Y n their applications.
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Subd. 3. With city projects. Registrants strants w join '
g who in a scheduled obstruction or excavation
atlon
performed by the city, whether or not it is a joint application by two •
single PP Y or more registrants or a
sin
g application, are not required to pay the excavation '
P Y ion or obstruction and degradation
portions of the permit fee, but a permit would still be
required.
Sec. 704.14. Supplementary Applications.
rY PP s.
Subd. 1. Limitation on Area. A right-of-way permit -
ht -of-
g y p rmit is valid only for the area of the n
way specified in the permit. No permittee g
P may do any work outside the areas specified in the
permit, except as provided herein. P
Any permittee which determines that an area
that specified in the permit greater than
p must be obstructed or excavated must before working in that greater
• ki
area (i) make application for a permit extension and additional
be granted a new d pay any additional fees re wired thereb and (ii) permit or q thereby,
P permit extension.
Subd. 2. Limitation on Dates. A right-of-way in the
permit. No permittee may y permit is valid only for the dates specified I begin its work P
Y g before the pen -nit start date or, except as provided
P p ided
herein, continue working after the end date. If a permittee does not finish the
permit end date, work by the
it must apply for a new permit for the additional time it needs, and receive the
new permit or an extension of the old permit before working •
This P king after the end date of the previous
permit. This supplement application must P
pP ust be submitted before the permit end date.
Sec. 704.15. Other Obligations.
Subd. 1. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve
permittee of its duty to obtain all other necessary permits, authority by the city or other applicable ary p its, licenses, and authonty and to pay all
fees required licable rul P y
PP e, law or regulation. A permittee shall com 1
with all requirements of local, state and federal P y
laws, including Minn. Stat. 216D.01 -.09
(Gopher One Call Excavation Notice System). A '
permittee shall perform all work in
conformance with all applicable codes and established • ble
for all work done in the right-of-way rules and regulations, and is responsible ht -of -wa pursuant p
g y p uant to its permit, regardless of who does the work.
Subd. 2. Prohibited Work. Except an emergency, with the approval g ncy, and wipproval of the city, no right-
of -way g
Obstruction or excavation may be done when seasonally prohibited prohibited or when conditions are
unreasonable for such work.
Subd. 3. Interference with Right A permittee .f a y p rmittee shall not so obstruct right-of-way
that
the natural free
and clear passage of water through h the gutters or other g r waterways shall be
interfered with. Private vehicles of those doing work in
. g the right-of-way may not be parked
within or next to a permit area, unless arked in conformance -
P rmance with city parking regulations.
The loading or unloading of trucks must be done solely within wltlin the defined permit area unless
specifically authorized by the permit.
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Sec. 704.16. Denial of Permit.
The city may deny a permit for failure to •
meet the requirements and condition
or if the city determines that the denial s of this chapter
al is necessary to protect the health, h, safety, and welfare or
when necessary protect the right -of -way and its current use.
Sec. 704.17. Installation Requirements.
The excavation, backfillin , patching and restoration, p g restoration, and all other work e •
p rforrned in the right-
of -way shall be done
in conformance with Minnesota Rules 7819.1 19.1 1 00 and 7819.5000 and
other applicable able local requirements, in so far as they inconsistent Y are not inconsistent with the Minnesota
Statutes Secs. 23 7.162 and 23 7.163 .
Sec. 704.18. Inspection.
Subd. 1. Notice of Completion. When the w •
work under any permit hereunder is completed, shall furnish a Completion mpleted, the
p Certificate in accordance Minnesota Rule 7819. 1 - 1 00.
Subd. 2. Site Inspection. Permittee shall make the work -site available to the city for inspection 1tY and to all
others as authorized by at all reasonable times during execution
upon completion of the work. g the xecutlon of and
Subd 3. Authority o, f'Director.
(a) At the time of inspection the director may order the immediate cessation of any
work which poses a serious threat to the life, health, safety or well -being of the
public.
(b) The director may issue an order to '
the permittee for any work which does oes not
conform to the terms of the
permit or other applicable standards, condition
codes. The order shall state that failure to correct s, or
orrect the violation will be cause for
revocation of the permit. Within ten (IO days after issuance issuance of the order, the
permittee shall present proof to the director that the violation olation has been corrected.
If
such proof has not been presented within the required equired time, the director may
revoke the pen -nit pursuant to Sec. 1.22.
Sec. 704.19. Work Done Without a Permit.
Subd. 1. Emergency Situations. Each registrant shall immediately notify the director of any
event regarding its facilities which it considers to be an emergency. The registrant may proceed
to take whatever actions are necessary to respond to the emergency. Within two (2) business
days after the occurrence of the emergency the registrant shall apply for the necessary permits,
pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself
into compliance with this chapter for the actions it took in response to the Emergency.
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14
•
If the city becomes aware of an emergency regarding registrant's
g y g g a egistrant s the city will
attempt to contact the local representative of each registrant affected, d, or potentially affected, by
the emergency, In any event, the city may take whatever action tion it deems necessary to respond
to the emergency, the cost of which shall be borne by the registrant facilities y gnstrant whose facilities occasioned
the emergency.
Subd. 2. Non - Emergency Situations. Except an emergency, •
p ergency, any person who, without first
having obtained the necessary permit, obstructs or excavates right-of-way a ates a nght of way must subsequently
obtain a permit, and as a penalty a double the normal '
P Y fee for said permit, pay double all the
other fees required by the city code, deposit with the city ty the fees necessary to correct any
damage to the right -of -way and comply with all of the requirements P Y equirements of this chapter.
See. 7.20. Supplementary Notification.
If the obstruction or excavation of the right-of-way '
g y begins later or ends sooner than the date
given on the permit, permittee shall notify the city of the accurate '
tY to information as soon as this
information is known.
Sec. 704.21. Revocation of Permits.
Subd. 1. Substantial Breach. The city reserves its •
right-of-way tY right, as provided herein, to revoke an
ri-way permit, without a fee refund, if any
, if there is a substantial breach of the terms and
conditions of any statute, ordinance, rule or regulation, • •
gu , or any material condition of the pen -nit.
A substantial breach by permittee include,
ittee shall but shall '
not be limited to, the following:
(a) The violation of any material rovision of the '
P right-of-way permit;
(b) An evasion or attempt to evade any material provision
Y of the right -of -way
permit, or the perpetration or attempt to perpetrate any fraud
. , P rP y d or deceit upon the
city or its citizens;
(c) Any material misrepresentation of fact in the application pplication for a right-of-way
permit;
(d) The failure to complete the work in a timely manner; unless a permit extension
is obtained or unless the failure to complete work
p is due to reasons beyond the
permittee's control; or
(e) The failure to correct, in a timely manner, work
Y that does not conform to a
condition indicated on an order issued ursuant to Sec.
P 704.18.
Subd. 2. Written Notice of Breach. If the city determines •
ty i that the permittee has committed a
substantial breach of a term or condition of any statute, •
. y e, ordinance, rule, regulation or any
condition of the permit the city shall make a written demand upon the permittee to remedy such
violation. The demand shall state that continued violations may be cause for revocation of the
Vierling \n- r \oph \ordinance\ROw\Sampl
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15
permit. A substantial breach, as stated above, will allow the city, discretion, ty, at his or her discretion, to
place additional or revised conditions on the ermit to mitigate P g and remedy the breach.
Subd. 3. Response to Notice of Breach. Within twenty-four (24) ' ty hours of receiving
notification of the breach, permittee shall provide the city with a
P ty plan, acceptable to the city,
that will cure the breach. permittee's failure to so contact the city, permittee's failure or permittee s failure to
timely submit an acceptable plan, or permittee's failure to reasonably implement the approved
plan, shall be cause for immediate revocation of the ermit. Further, urther, permittee s failure to so
contact the city, or permittee's failure to submit an acceptable plan, or permittee's failure P p p rmittee s failure to
reasonably implement the approved plan, shall automatically place the •
for one (1) full year.
y p permittee on probation
Subd. 4. Cause for probation. From time to time, the city may establish • •
ty y stablish a list of conditions of
the permit, which if breached will automatically place the permittee probation P p eon probation for one full
year, such as, but not limited to, working out of the allotted time eri working od or working on right -of-
way grossly outside of the permit authorization.
Subd. S. Automatic Revocation. If a permittee, while on probation, n, commits a breach as
outlined above, permittee's permit will automatically be revoked and '
Y permittee will not be
allowed further permits for one full year, except for Emergency repairs.
g cy repairs.
Subd. 6. Reimbursement of city costs. If a permit is revoked, the •
city � P permittee shall also reimburse
the city for the city's reasonable costs, including Restoration costs •
g and the costs of collection
and reasonable attorneys' fees incurred in connection with such revocation.
Sec. 704.22. Mapping Data.
Subd.4. Information Required. Each registrant and permittee shall provide mapping
information required by the city in accordance with Minnesota Rules 7819.4000 and
7819.4100.
Sec. 704.23. Location and Relocation of Facilities.
Subd. 1. Placement, location, and relocation
on of must comply with the Act, with other
applicable law, and with Minnesota Rules 7819.3100 7819.5000
and 7819.5100, to the extent
the rules do not limit authority otherwise available to cities.
Subd. 2. Corridors. The city may assign specific area within Y g p within the right -of -way, or any thereof as may y
particular segment y be necessary, for each type of facilities that is or, pursuant to
current technology, city expects ' P
gy, . on or other pects will someday be located within the right-of-way. All
excavation, obstruction, y
ther permits issued by the city involving the installation or
g
replacement of facilities shall designate the ro er corridor for the facilities '
P P at issue.
Any registrant who has facilities in the right-of-way in a position at variance with y p ariance with the corridors
established by the city shall, no later than at the time of the next reconstruction obstruction or excavation of
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•
•
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the area where the facilities are located, move the facilities • • •
� to the assigned position within the
right -of -way, unless this requirement is waived by the city for good cause shown, upon
. y ci
consideration of such factors as the remaining P
fining economic life of the facilities, e blic safety,
u
customer service needs and hardship t o the registrant P �'
.
Subd. 3. Nuisance. One year after the assa a of this • ht-
of -way that have not been re
P g is chapter, any found in a n registered shall be g
g deemed to be a nuisance. The city rights it has may exercise
any remedies or ri
g at law or in equity, including, but not limited to
• • , abating the
nuisance or taking possession of the facilities and restoring the right-of-way
condition. g g y to a useable
Subd. 4. Limitation of Space. To rotect health, th, safety, and welfare or when necessary to
protect the right -of -way and its current use, �
se, the city shall have the power to rohibit or limit
' ' ' P t the
placement of new or additional
facilities within the right-of-way. In making •
shall strive to y g such decisions, the
city the extent possible to accommodate all existing '
• ing and potential users of the
right-of-way, but shall be guided rimaril by considerations •
P y y erations of the public interest, the ublic's
needs for the particular Utility Service, the condition P
of the right-of-way, the time of ear with
respect to essential utilities, the protection of facilities y
p existing in the right-of-way, and future
city plans for public improvements and
P development projects which have been determined
be in the public interest. to
Sec. 704.24 Pre- excavation Facilities Location
In addition to complying with the requirements Minn. q of Mi Stat. 216D.0 1 -. 09 ( Call
Excavation Notice System ") before the start date of '
any right-of-way excavation, each
registrant who has facilities or equipment in the area t
P to be excavated shall mark the horizontal
and vertical placement of all said facilities. Any
y registrant whose are less than twenty �
(20) inches below a concrete or asphalt surface shall notify and work closely with the
excavation contractor to establish
the exact location of its facilities and the best r
p ocedure for
excavation.
Sec. 704.25. Damage to Other facilities.
When the city does work in the right-of-way and '
g y finds it necessary to maintain, support,
move a registrant's facilities to protect it, PP ' or
is reasonably p ,the city shall notify the local representative as earl
i possible. The costs P early as sts associated therewith will be billed to that registrant
d billing. g ant and must
be paid within thi rty (30) days from the date of Each registrant g shall be responsible for
the cost of repairing any facilities in the right-of-way which it facilities g y or its facilities damages. Each
registrant shall be responsible for the cost of repairing
any damage to the facilities of another
registrant caused during the city's response to '
... es. p an Emergency occasioned by that registrant's
facilities.
g
Sec. 704.26. Right -of -Way Vacation.
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Reservation of right. If the city vacates a right-of-way which contains
g y mains the of a
registrant, the registrant's rights in the vacated right-of-way are Minnesota y governed by Minnesota Rules
7819.3200.
Sec. 704.27. Indemnification and Liability
By registering with the city, or by accepting a permit under this chapter, a registrant or
permittee agrees to defend and indemnify the city in accordance with the provisions of
Minnesota Rule 7819.1250.
Sec. 704.28. Abandoned and Unusable Facilities.
Subd. 1, Discontinued Operations. A registrant who has determined discontinue fined to discontinue all or a
portion of its operations in the city must provide information satisfactory to the city that the
registrant's obligations for its facilities in the right-of-way under this
g y chapter have been lawfully
assumed by another registrant.
Subd. 2. Removal. Any registrant who has abandoned facilities in any right -of -way shall
remove it from that right -of -way if required in conjunction with other right-of-way ght -of -way repair,
excavation, or construction, unless this requirement is waived by the city.
ity.
Sec.704.29. Appeal.
A right -of -way user that: (1) has been denied re istration• (2) has be ' • g , been denied a permit, (3) has
had pen-nit revoked; or (4) believes that the fees imposed are invalid, d, may have the denial,
revocation, or fee imposition reviewed, upon written request, by the city city
y ty council. The city
council shall act on a timely written request at its next regularly scheduled decision
y uled meeting. A decision
by the city Council affirming the denial, revocation, or fee imposition writing p ion will be in venting and
supported by written findings establishing the reasonableness of the decision.
See. 704.30. Severability.
If any portion of this chapter is for any reason held invalid by any y court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision dent provision and
such holding shall not affect the validity of the remaining portions thereof. this
p ereof. Nothing in this
chapter precludes the city from requiring a franchise agreement with ith the applicant, as allowed
by law, in addition to requirements set forth herein.
Section Two: Effective date.
This ordinance shall be in full force and effect from and after its publication
passage and publication
according to law.
Passed by the City Council of the City of Oak Park heights this
g day of
,2000
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Attest:
Thomas Melena, City Administrator
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David Schaaf, Mayor
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