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HomeMy WebLinkAbout2001-02 03-07 APSTATE OF MINNESOTA) Subscribed and swo to f or affirmeecl efore me on this day of I&, (f n Nota 1./L.-GL■ SS. MERIDEL M. HEDBLOM NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1.314005 COUNTY OF HENNEPIN) Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Post or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 7 day of March 2001, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of 2001; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz newspapers AFFIDAVIT OF PUBLICATION RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged 2.85 per line 6.20 per line 1.40 per line City of Brookyn'Center (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF ORDINANCE ADOPTION ORDINANCE NO. 2001-02 AN ORDINANCE AMENDING CHAPTER 25 OF THE BROOKLYN CENTER ORDINANCES REGARDING MANAGEMENT OF RIGHT OF WAY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 25 -1001 is hereby amended as follows: Section 25 -1001, DEFINITIONS. The following defini- tions apply to the Right -of -Way Management Ordinance of this Code. Unless used in a context which indicates other- wise, defined terms remain defined terms whether or not capitalized a. "Applicant" means any person requesting permission to excavate or obstruct a right-of-way. b. "City" means the City of Brooklyn Center, Minnesota. For purposes of Section 25- 1026, city includes 'its elected of- ficials, officers, employees and agents. c. "City Cost" means the actual cost incurred by the City for public rights -of -way management; including but not limited to costs associated with registering applicants; is- suing, processing, and verifying right of-way permit -appli- cations; creating information and maintaining information tem• degradation costa• inspecting job sites and restoration_ projects; maintaining, supporting, protecting, or moving user c cot facilities during public right of-way work; providing traffic control due to applicant's neglect or inad- equate performance; determining the adequacy of right -of- way restoration; restoring work inadequately performed; and revoking right-of-way permits and performing all other tasks required by this Right of Way Management Ordi- nance, including other costs the city may incur in manag- ing the provisions of this Right of Way Management Ordi- li. "Con_■trnctionPerfo a ceBond "me yof h fol Iowineforms of security provided at the nermitt 's option 1. Individual proiect bond: 2. Cash deposit 3. Security of a form listed or approved under Minn. Stat. 15.73. subdivision 3; 4. latter of credit. in a form acceptable to the Director. 5. Self insurance in a form acceptable to the Director 6. A blanket bond for projects within the City. or 7. Other forms of a timwtructaon bond. for a time specified and in form acceptable to the Director. ea Degradation" means a decrease in the useful life of the right- of-way caused by excavation in or disturbance of the right resulting in the need to reconstruct such rightd-Sinsarliterilianmillibeaeguiredittheig xrava- l;ion or disturbance did not. occur restoration as determined by the city at the time the per mit is issued. not to exceed the maximum restoration shown in plates 1 to 13. set forth in Minnesota Rules 7819.9900 to 7819.9950. 4g. "Delay Penalty" means the penalty imposed as a result of unreasonable delays in light-of-way construction. eh. "Department" means the Department of Public Works of the City. a. "Department Inspector" means any person authorized by the Director to carry out inspections related to the pro- visions of this Right of Way Management Ordinance. gt. "Director" means the City Manager, or her or his de- signee. IQ& 'Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a signifi loss of property; or (2) requires immediate repair placement m order to restore service to a customer. install, ties entitled to use the easement, 1l. "Equipment" means any tangible asset used to repair, or maintain facilities in any right -of -way. "Excavate" means to dig into or in any way physically disturb or penetrate any part of a righ t except horticultural practices of penetrating the boul to a depth o leas than 12 inch es. kn. "Excavation Permit" means the permit which must be obtained before a person may excavate in a right -of -way. An excavation permit allows the holder to excavate that part of the right of way described in such permit. le. "Excavation Permit Fee" means money paid to th by an applicant to cover the costs as provided in Secti 1009. isp. "Facility' or "Facilities" means any tangible asset in the right-of -way required to provide Utility Service, but shall an or incl boulevard plantings or gardens pl maintained in the right of way between a person's ty and the street edge or curb. s "In," when used in conjunction with "right-of means over, above, in, within, on or under a rightof el. "Local Representative" means a local person or sons, or designee of such person or persona, autho registrant to accept service and to make decisions for registrant regarding all matters within the scope Right-of-Way Management Ordinance. pg. "Obstruct" means to place any object in a right-of-way as hinder free and open passage ovefthat or any part of the et,. "Obstruction Permit" means the permit which mu obtained before a person may obstruct a right -cif lowing the holder to hinder free and open passage specified portion of that right-of-way by placing facilities described therein on the right-of-way for ration specified therein. en. "Obstruction Permit Fee" means money paid to the by a registrant to cover the costs as provided in Secti 1009. es. Permittee" means any person to whom a permit to ex- cavate or obstruct a right -of -way has been granted by the City under this Right of Way Management Ordinance t4w. "Person" means any natural or corporate person, ness association or other business entity including, bu to, a partnership, a sole proprietorship, a po subdivision, a public or private agency of any kind, a ty, a successor or assign of any of the foregoing, or any o legal entity which has or seeks to have ee�.tipe:eat f in any right -of -way. ex. "Registrant" means any person who (1) has or se have its facilities located in any right -of -wa (2) in any way occupies or uses, or seeks to occupy or the right-of-way or any equipment facilities in the righ way. 'y. "Repair" means the temporary construction work nec- essary to make the right -of -way useable for travel. 1. `Restore or Restoration" means the process by which an excavated right -of -way and surrounding area, including pavement and foundation, is returned to the same condi- tion that existed before the commencement of the work. y "Restoration Cost" means an amount of money pai the City by a permittee to cover the cost of restoration. ebb. "Right-of-Way" means the surface and space above below a right -of -way for public roadway, highway, stye cartway, bicycle lane and public sidewalk purposes in wh the City has an interest, including other dedicated righ of -way for travel purposes and utility easements of the c sage. "Right -of -Way Management Ordinance" means S lions 25 -1000 through 25 -1032 of this Code. isi "Right-of-Way Permit" means either the excavati permit or the obstruction permit, or both, depending on context, required by this. Right -of -Way Management Ord Hance. eg. Right -of -Way User" means: Minn. Stat. 5 237.162, subdivision 4: or 2 A person cool g or eontr ling f •r +y in t_h n r ght•of -wav ha or is nt ndgs b us d f vidmg utility service. and who has a right under law chise. or ordinance to Use the public right -of -wav, eef "Service" or "Utility Service" includes but is not ed to (1) those services provided by a public utility as d fined in Minnesota Statutes' 216B.02, Subdivisions 4 6; (2) telecominunications, pipeline, community antenna television, fire and alarm communications, water, electri ity, light, heat, cooling energy, or power services; (3) the se r vices provided by a corporation organized for the purpos set forth in Minnesota Statute' 300.03; (4) the services pn vided by a district heating or cooling system, and (5) ca communications systems as defined in Minnesota Statute Chapter 238. 44 gg. "Supplementary Application" means an applicatio to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that has already been is sued. MA "Unusable gmcnt Facilities" means eeripment facilities in the right-of-way which has remained for one year and for which the registrant is unable to pro- vide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the ee tip facili eent 'es. Section 2. Section 25 -1003 is hereby amended as follows: Subdivision 3. Exceptions. i. Use by private landowners of utility easement areas for Facilities that are not inconsistent with the rights of par- ties entitled to use h men Section 3. Section 25 1006 is hereby amended as follows: cant Subdivision 1. Permit Required or re- c. Exceptions. A permit shall not required for: L Use bvprivate landowners ofutility easement areas for Facilities that are not inconsistent with the rights of par- Subdivision 2. Permit Extensions. No person may axes. rem physically right-r) f- way, ev ard f e se right-of-way it er p work in or obstruct the beyond a date specified in the permit or de tiny work beyond that specified in thejermit unless such person makes a supplementary application for an exten- Bien or modification of the work specified in the permit be- e C fore expiration of the parent, pays a permit extension fee City e n ity and is granted a permit extension by the Director. The Di- rector may extend the completion or scope of the work if the fied speci ye rk ce ld no d tie. of 'rr-. mat beyond the control& .he nm _,t e r i•ntde Section 4. Section 25 -1007 is hereby amended as follows: Proper- Section 25 -1007 PERMIT APPLICATIONS. Application for a permit is made to the Director. Right -of-way permit ova applications shall contain, and will be considered complete Y," only upon compliance with the requirements of the follow- way ing provisions: per- a. Registration with the Director pursuant to this Chap thorized by .ter; that of this b. Submission of a completed permit application form, in- cluding all required attachments, and scaled drawings showing the specific location and area of the proposed pro- ject and the detailed location of all existing and proposed equipment facilities; c. Payment of all money due to the City for stbe way, al- 1. permit fees and costs, and any required deposit, ov er the equipment d. When an excavation permit is requested for purposes the du- of installing additional equigs:est facilities, and the post- ing of a resteraiiee construction performance bond for the additional equipment facilities is insufficient, the posting City of an additional or larger reeteretdee construction perfor- on 25- imance bond for the additional equipment facilities may be required. Section 5. Section 25 -1008 is hereby amended as follows: ua our or �n "Ilan On �7i eaL errementsandctanda farfa ;htycena *n tianor busi- installation are contained in the General Requirements as m u t not specified by the Director. The Director may assign or o- li tical hibit specific lersho for fa 'liti s wi h; the rjg way .itili- or any particular segment thereof. All excavation. ob- ther gtruction. or other permits issued by the Director involving _acidities the installation or replacement of facilities shall designate the proper location for the facility at issue. The Director pray deny a permit application as provided in Section 25- see to 1014. in the event the proposed location of such facilities is or not consistent wi h to t d t tt r, use, The Director may revoke a permit. as provided in Section t-of- 25 -1019. in the event the facilities are installed in a loca- tion that is inconsistent with the location de-jgaated in the apnlicableparent., Any registrant whose facilities were nreviouajy located in rig ht -of -way in a posit., isst, ysriance with the locations established by the Airector shall. no later than at the time of h n xt re n s n e 'on or x ova non of fl, area who its facilities are located. move that jaacility to its assigned position within the right-of way, unless this requirement is waived by the Director for good cause shown. pon consid- eration of such factors as the remaini geconomic life of the facilities. public safety customer se ee e n d rd ship to the •gistrant Section 6. Section 25 -1009 is hereby amended as follows: d to Subdivision 3. Deposit. The Director may require that a permit application be accompanied v a deposit. in addition t and to he Parent F d nst +ction P Bana et an amount established by the Director in order to offset any ice City costs that exceed the amount covered by the Permit Fee. Such additional City costa may include. but are not ity. limit d 'naoectlon oats for co n, hoots oi r dependent contractors. legal fees. and other out of pocket expenses, c over itvstafft' es nt'n he acl_miniatr of a ion hei m nut process and ection activities. on the e 'rctor rea may n anplic o s nt b 211" r gl n i Th d epaSitm 11 m nt d .i+ „n•tyWnlCn the Director determines may be incurred during the sub- seguent twelve (12) month period b ea on n an, li an 'a construction and major maintenanc Lplan filed in a ec- degradation costs or restoration costs The permit fee will dance with Section 25 -1005. The Director shall approve all exnensy. :h. gad against the deposit, and the unused por tion thereof shall be returned to the applicant. The Direc- tor may periodically require that the deposit amount be re- fi an plenished as expenses are charged against the deposit. The pei annlicat 1 'on he rth r st hat h applicant agrees to reimburse the City for any City costs incurred by fi t the City in excess of the amount of the deposit e- Subdivision an 3¢. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without pay c ment of such fees before the issuance of such a permit. es Subdivision 4D. Non refundable. Permit fees that were paid for a permit that the Director has revoked for a breach cab as stated in Section 25 1019 are not refundable. Subdivision &fi. Use of Permit Fees. All obstruction and ex- cavation permit fees shall be used solely for city manage n ment, construction, maintenance and repair costs of the right-of-way. Section 7. Section 25 -1010 is hereby amended as follows: Subdivision 2. Repair and Restoration. Permittee shall re- pair and restore its own work. The permittee shall at the time of application for an excavation permit post a restore. Mee construction performance bond in an amount deter- mined by the Director to be sufficient to cover the cost of restoring the right -of -way to its pre- excavation condition. If twelve (12) months after completion of the restoration of the right-of-way, the Director determines that the right-of- way has been properly restored, the surety on the meters- biers mat' bond shall be released. Per mittees with whom the City has a current franchise agree- ment, or authorized agents, contractors, or subcontractors of that franchise shall not be required to post a reeteretiee censtrudien_pezram bond Subdivision 4. Guarantees. righ` -ae; .gs the permittee guarantees its work and shall maintain it for twelve (12) months following its com- pletion. During this 12 -month period it shall, upon notifi- cation from the Director, correct all restoration work to the extent necessary, using the method required by the Direc- tor. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not in- cluding 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 25 -1013. Subdivision 5. Failure to Restore. If the Permittee fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and time- ly complete all restoration required by the Director, the Di- rector at its option may do such work. In that event the per mittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right -of -way. If permittee fails to pay as required, the city may exercise its rights under the rectors lee construction perform n bond Section 8. Section 25 -1012 is hereby amended as follows: Subdivision 1. Limitation on Area. A right-of-way permit is valid only for the area of the right -of -way specified in the permit, which shall not exceed one (1) lineal mile of right- of-way. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make applica- tion for a permit extension and pay any additional fees re- quired thereby, and (ii) be granted a new permit or permit extension. The to nl a f r w h a perm,_ •ttaball be permitted at anv one time. pursuant to multiplepermits or permit extensions, shall not exceed three (3) lineal miles of right -of -wav, Section 9. Section 25 -I014 is hereby amended as follows: Section 25 -1014, DENIAL OF PERMIT. The Director may deny a permit for failure to meet the requirements and con- ditions of this Rightof- of Or- dinance es. if the Director determines that denial is neces- sary to protect the public health. safety and welfare. to pre- vent interference with the safety and convenience of ordi- nals/ travel over the right -of -way, fine -or when necessary to protect the Blest right -of wav and its current use. The Director. in hie/her discretion, maV id r facto 'n 1 ins• a. the extent to which right -of -wav space where the permit is sought is available; b. the competing demands for the particular space in the right-of-way; c. the availability of other locations in the right -of -way or in other rights -of -way for the equipment of the permit appli- d. the applicability of ordinance or other regulations of the rehtof -w. y that affect location of equipment m the right of -way; e. the degree of compliance of the apnlicant with the terms and cpnditions pf i s franrhis i Ri ht of Way Manage ment Ordinance. and other app licable ordinances and reg- ulations; f the degree of disruption to surrounding communities and businesses that will result from the use of that part of the right -of -way; g. the condition and age of the right -of -wav and whether and when it is sch d 1 d for total or part'al reconstruction and h the balancing of he +a of i pt: m the publ and tldmagg_to_mcight.af_myAggiut t the az of the public served by the expansion into additional parts of the right -of -wav i I th re ion of a D 're etn th issu nc of a per mit for the particular date and/or time would cause a On flict or interfere with an exhibition. celebration festival. or any other event Section 10. Section 25 -1017 is hereby amended as follows: Subdivision 2. Non Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right -of -way must subsequently obtain a permit, pay double the normal fee for said permit, Gede-ef -9r eei-deposit with the Director the fees nec- essary to correct any damage to the right -of -way and com- ply with all of the requirements of this Right -of -Way Man- agement Ordinance Section 11. Section 25 -1021 is hereby amended as follows: Section 25 -1021 LOCATION OF 11,144F44; FACILI- TIES. Subdivision 1. Undergrounding. Unless otherwise per- mitted by emeisistingsfeenelstsessisMinnesota Statutes, Sec- tion, 216B.36, er ttn1eee e,fkting '-e- `a ui p sa l new struction, the installation of new eetxipmei:t facilities and the replacement of old equipment facilities shall be done underground or contained within buildings or other struc- tures in conformity with applicable codes except that the Director may approve above ground location and mstalla r rein otr e placed underground due to xpe at re a t •e th ,•e no nreasonahle safet t th is concerns or conflicts with the current use of the right -of- way Section 12. Section 25 1032 is hereby amended as follows: Section 25 -1032 WAIVER. The Director may waive any or all requirements of Sections 25 -1003 through 25 -1005, 25 -1006 through 25 -1009, and 25 -1020 if compliance is not deemed to be reasonably necessary, in the discretion of the Director, to serve the purposes of this Right -of -Way Man- agement Ordinance. The decision of the Director not to waive any such requirement is not subject to appeal to the city council. Section 25 -1021 may be waived as provided eth rein' Waiver of provisions of Sections 25 -1003 through 25 -1005 and 26 -1020 may be rescinded by the Director at any time upon written notice to the person subject to the requirement. Section 13. Section 25- 1000,1003,1023 and 1028 are here- by amended by replacing "is" with "are" where it occurs after "equipment Section Section 25 000, 03, 1022 102143, 1 1024, 1025, 1026 an 1028 1006 are h amend ed by deleting all references to "equipment or "equipment is" and substituting "facilities" or "facilities are". Section 15. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 26th day of February 2001. Mayor Myrna Kragness Attest: City Clerk Sharon Knutson Date of Publication: March 7, 2001 Effective Date: April 6, 2001 (Strikeouts indicate matter to be deleted, underline indi- cates new matter.) (Mar. 7, 2001)P1/Ord 2001 -02