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HomeMy WebLinkAbout1054IQ :7111 &.1 X4 Be�[ex[I-& CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7, CHAPTER 15 OF THE LAKEVILLE CITY CODE CONCERNING RIGHT-OF-WAY MANAGEMENT THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA, ORDAINS: SECTION 1. Section 7-15-3 of the Lakeville City Code the definition of Telecommunication Right -of -Way User is amended as follows: TELECOMMUNICATION RIGHT-OF-WAY USER: A person owning or controlling a facility in the right-of-way, or seeking to own or control the same, which is used or is intended to be used for providing wireless service, or transporting telecommunication or other video, voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minnesota Statutes chapter 238, and telecommunications activities related to providing natural gas or electric energy services, a public utility as defined in Minnesota Statutes section 216B.02, a Municipality, a Municipal gas or power agency organized under Minnesota Statutes chapters 453 and 453A, or a cooperative electric association organized under Minnesota Statutes chapter 308A, are not telecommunications right-of-way users for purposes of this chapter, except to the extent these entities are offering wireless services. SECTION 2. Section 7-15-7 A. of the Lakeville City Code is amended to read as follows: A. Information Required: The information provided to the City at the time of registration shall be on the form approved by the City and shall include, but not be limited to: 1. Each registrant's name, Gopher State One Call registration number, address and e- mail address if applicable, and telephone and facsimile numbers. 2. The local representative's name, address and e-mail address, if applicable, and telephone and facsimile numbers. The local representative or designee shall be available for consultation at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration, including emergency information for the registrant's subcontractors. 3. The name, address and telephone number of the person(s) or entities, other than the applicant, to perform the project work or any portion thereof. 4. A certificate of insurance or self-insurance: a. Shall verify that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self- insurance acceptable to the City; b. Shall verify that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the: 1) use and occupancy of the right -of- way by the registrant, its officers, agents, employees and permittees, and 2) placement and use of facilities in the right- of -way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from contracts, independent contractors, products and completed operations, damage of underground facilities and collapse of property; c. Shall name the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; d. Shall require that the City be notified thirty (30) days in advance of cancellation of the policy, nonrenewal or material adverse modification of a coverage term; e. Shall indicate 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. The minimum amounts of coverage must equal or exceed the maximum liability limits set forth in Minnesota Statutes 466.04. 5. The City may require a copy of the actual insurance policies. 6. If the person is a corporation, a copy of the certificate that is required to be filed under state law as recorded and certified to by the secretary of state. 7. A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable State or Federal agency, where the person is lawfully required to have such certificate from said commission or other State or Federal agency. SECTION 3. Section 7-15-8 A. of the Lakeville City Code is amended to read as follows: A. Operations: Each registrant shall, at the time of registration and by January 1 of each year, file a construction and major maintenance plan for known underground utilities with the City. Such plan shall be submitted using a format designated by the City and shall contain the information determined by the City to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. The utility facility plans shall be kept up to date by the registrant. Facility plans which a utility identifies in writing to the City as being "trade secret information" will be treated as general nonpublic data in accordance with Minnesota Statutes section 13.37 if the data is within the statutory requirements for "trade secret information". The plan shall include, but not be limited to, the following information: 1. The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year; and Oil 2. To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five (5) years following the next calendar year (in this section, a "five-year CIP"). The term "project" in this section shall include projects identified in the fiveyear CIP but does not include individual service line hookups and minor maintenance unless they are part of an area wide program. It is the registrant's responsibility to keep informed on available plans. SECTION 4. Section 7-15-10 A. of the Lakeville City Code is amended to read as follows: A. Applications: Application for a permit is made to the City on the form provided by the City. Right-of-way permit applications shall contain and will be considered complete only upon compliance with the requirements of the following provisions: 1. Registration with the City pursuant to this chapter; 2. Submission of a completed permit application form, including all required attachments. 3. Electronic submission of a detailed description and drawing to a scale, as required by the City, showing the location and area of the proposed project and the location of all known existing and proposed facilities of the permittee in the project area. Drawings and descriptions shall include, but not be limited to, the identification of the obstructions to be placed, the size and depth of any excavation, the schedule for commencement and completion of the proposed project, the identification of the existing right-of-way, the location of existing sidewalks, trailways and other improvements and the location and size of any trees impacted in the designated work area. 4. Payment of all money due the City for: a. Permit fees, estimated restoration costs and other management costs; b. Prior excavation or obstruction permits; c. Any undisputed loss, damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the City; d. Franchise fees or other charges, if applicable. 5. Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount equal to at least one hundred ten percent (110%) of the amount owing. 6. Application for a permit may not be filed more than ten (10) weeks prior to the anticipated installation start date proposed by the right-of-way user or prior to construction plan completion by the subdivider's engineer. SECTION 5. Section 7-15-11 B. of the Lakeville City Code is amended to read as follows: B. Conditions: The City may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare or, when necessary, to protect the right-of-way and its current and future use. 1. Installation, placement, location and relocation of facilities shall comply with all Federal, State and local laws. 2. Installation of all underground utilities shall be in accordance with the underground utilities regulations set forth in this section and all other applicable Federal, State and local laws. 3. Precautions shall be taken as are necessary to avoid creating unsafe or unsanitary conditions. 4. Project operations and work shall be conducted in a manner so as to ensure the least obstruction to and interference with present and continued use of the right-of-way. 5. Precautions shall be taken to assure the safety of the general public, employees, invitees and those who require access to abutting property, including appropriate signage. 6. The permittee shall notify abutting property owners with a forty-eight (48) hour written notice prior to commencement of any permitted project. 7. The permittee involved in underground projects shall register with Gopher State One Call and comply with the requirements thereof. 8. The permittee shall comply with the "Minnesota Manual On Uniform Traffic Control Devices" (MMUTCD) at all times during any project work and shall protect and identify excavations and work operations with barricade flags in the daylight hours and by warning lights at dusk and night. 9. The permittee shall comply with all conditions of the permit. 10. When any trail, sidewalk or driveway has been cut, City approved signage must be kept in place and maintained until restoration is complete. 11. The permittee shall provide proper trench protection as required by OSHA to prevent any cave in; injury to property or persons; or enlargement of the excavation. 12. Excavations, trenches and jacking pits off the roadway surface area or adjacent to the roadway or curbing shall be sheathed and braced. When unattended, all excavations, rd trenches and jacking pits shall be secured and protected to prevent surface drainage and access by unauthorized persons. 13. The permittee shall protect the root growth of trees and shrubbery located within the right-of-way and adjacent thereto. Facilities shall be placed outside of the current and/or future mature dripline of the tree to prevent future tree -facility conflicts. 14. The permittee shall coordinate project work and installation of facilities in collocations involving other right-of-way users. 15. The permittee shall maintain access to all properties and cross streets during project work, including emergency vehicle access. 16. The permittee shall physically locate property lines abutting the project work. The permittee shall replace, with the services of a Minnesota licensed surveyor, any property corners or monuments disturbed as a result of the project. 17. The permittee shall complete restoration of the right-of-way in conformance with this section. 18. No permittee, or any agent, subcontractor or employee thereof, shall use lugs (steel tracks) on any roadway surfaces. 19. The permittee shall remove daily, or as required by the City, all dirt or debris from sidewalks, trails, public and private roadway surfaces and curbs and gutters during project work. 20. The permittee shall obtain all other necessary permits, licenses and approvals, pay all required fees therefor and comply with all requirements of local, State and Federal laws. 21. The permittee shall not do any work outside the project area as specified in the permit. 22. The permittee shall conduct a public informational meeting for all major projects as deemed necessary by the City. 23. In new subdivisions in which public utilities have been constructed, permit applications will not be accepted for review prior to construction plan completion by the subdivider's engineer and the mapping requirements specified in section 7-15-23 of this chapter have been satisfied. Construction plans shall be submitted to service/utility service providers (as defined in section 7-15-3 by the subdivider's engineer. 24. Trenchless excavation/directional boring is prohibited more than forty-eight inches (48") below grade unless approved by the City Engineer. SECTION 6. Section 7-15-11 D. of the Lakeville City Code is amended to read as follows: 5 D. Small Wireless Facility Agreement: A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the City, or any other City asset in the right-of-way, after applicant has executed a standard small wireless facility collocation agreement with the City. The standard collocation agreement may require payment of the following: 1. Management costs; 2. Up to one hundred fifty dollars ($150.00) per year for rent on the City structure; 3. Twenty-five dollars ($25.00) per year for maintenance associated with the collocation; 3. A monthly fee for electrical service as follows: a. Seventy-three dollars ($73.00) per radio node less than or equal to one hundred (100) maximum watts; b. One hundred eighty-two dollars ($182.00) per radio node over one hundred (100) maximum watts; c. The actual cost of electricity, if the actual cost exceeds the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then -existing agreement between the City and applicant. SECTION 7. Section 7-15-13 C. of the Lakeville City Code is amended to read as follows: C. Standards: To the maximum extent possible, restoration must return the right-of-way to the same condition that existed before excavation. Subject to this standard, plates 1 to 13, shown in Minnesota Rules parts 7819.9900 to 7819.9950, indicate the maximum limits of restoration methods and area requirements the City can impose when a right-of-way user excavates in the right--of-way. Subject to commission rules, the City shall have the authority to prescribe additional restoration procedures and standards on a case by case basis based on the following considerations: 1. The number, size, depth and duration of the excavation, disruption or damage to the right-of-way; 2. The traffic volume carried by the right-of-way; 3. The character of the neighborhood surrounding the right -of --way; 4. The pre -project condition of the right-of-way; :1 5. The remaining life expectancy of the right-of-way due to the project; 6. Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance or damage to the right--of--way; and 7. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place. SECTION 8. Section 7-15-13 D. of the Lakeville City Code is amended to read as follows: D. Duty To Correct Defects: The permittee shall guarantee its work and restoration of the right-of-way, including plantings, and maintain it for twenty-four (24) months following its completion. The obligation is limited to twelve (12) months for turf establishment. During this twenty-four (24) month period, the permittee shall, upon notification from the City, correct all defects in patching or restoration 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 when work is prohibited as unseasonable or unreasonable under section 7-15-16 of this chapter. SECTION 9. Section 7-15-15 B. of the Lakeville City Code is amended to read as follows: B. Limitation On Dates: A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be done before the permit end date. The City may waive the requirement for a permit extension for the payment of an additional fee. The City shall maintain a written record of any waivers granted. SECTION 10. Section 7-15-19 C. of the Lakeville City Code is amended to read as follows: C. Authority Of City: 1. At the time of inspection the City may order the immediate cessation and correction of any work, which poses a serious threat to the life, health, safety or well-being of the public. 2. The City may issue an order to the permittee for any work which does not conform to the terms of the permit or other applicable standards, rules, laws, conditions or codes so long as the nonconformance constitutes a "substantial breach" as set forth in Minnesota Statutes section 237.163, subdivision 4(c)(1 - 5). The order shall state that failure to correct the violation will be cause for revocation of the permit. Within a reasonable time after issuance of the order, the permittee shall present proof to the City that the violation has been or will be corrected within a time period set forth by the City in the order. If such proof has 7 not been presented within the required time, the City may revoke the permit pursuant to section 7-15-22 of this chapter. 3. The cost of any action required by the City shall be paid by the permittee. SECTION 11. Section 7-15-21 of the Lakeville City Code is amended to read as follows: If the excavation or obstruction of, or collocation in the right--of-way begins later or ends sooner than the date given on the permit, the permittee shall notify the City of the accurate information as soon as this information is known. SECTION 12. Section 7-15-23 B. of the Lakeville City Code is amended to read as follows: B. Submittal Requirements: 1. All right-of-way users shall submit as built record drawings by April 1 of every year for all new facilities located within the right-of-way during the preceding year. In new subdivisions, permits for work within the right-of-way shall not be issued until the City is in receipt of and has accepted x and y coordinates for each of the proposed newly installed public facility main lines and service laterals located within the right-of-way and any applicable utility easements. These coordinates shall be derived from the approved construction plans submitted by the developer's engineer using the current Dakota County coordinate system, and shall be used for locating public utility service lateral locations until as built record drawings have been received. These coordinates shall be provided to the City by the developer's engineer in a digital geodata base or shapefile (.shp) drawing (.dwg or .dxf) and text file (.txt) format. The text file shall include a description for each point that will identify the point using the City's assigned point code and the house address for the corresponding service. As built record drawings shall incorporate any changes to the approved construction plans made in the field; all main line and service lateral coordinates shall be revised to reflect these changes and include z coordinate data. 2. At the request of any right-of-way user, information required by the City, which qualifies as "trade secret" data under the Minnesota Data Practices Act, shall be protected accordingly. SECTION 13. Section 7-15-24 B. of the Lakeville City Code is amended to read as follows: B. Corridors: The City may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, as a Best Management Practice for each type of facility or equipment that is, or, pursuant to current technology, the City expects will someday be located, within the right-of-way. All excavation, obstruction, or other permits issued by the City involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. In new subdivisions, the subdivider's engineer shall indicate all utility crossings associated with the subdivision in the construction plan submittal to the City and service/utility service providers (as defined in section 7-15-3). Conduits shall be required and installed in accordance with the current City of Lakeville Utility and Street Construction Standard Specifications. Installation of dual mains by a single company shall be required for all new subdivisions. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the City shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, to prevent interference with City use of the right-of-way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. SECTION 14. Section 7-15-24 E of the Lakeville City Code is amended to read as follows: E. Undergrounding: Unless otherwise permitted by an existing franchise, or unless existing aboveground equipment is repaired or replaced, or unless infeasible such as in the provision of electric service at certain voltages, new construction, the installation of new equipment and the required relocation of old equipment in the right-of-way must be located or relocated and maintained underground in accordance with chapter 6 of this title. The permittee shall comply with the following requirements when installing underground facilities: 1. Underground facilities shall, where reasonably possible, be installed outside the paved or surfaced area. If unable to install outside the surfaced area, the installation shall be as close to the edge of the roadway surface as possible to allow access thereto without unnecessarily disturbing paved areas of the roadway; 2. Right-of-way alignment and grade shall be maintained; 3. Fiber facilities shall be buried in a proper conduit and at a depth of no less than two feet (2') deep and no more than three feet (3') deep; and copper facilities, except City owned facilities, shall be buried no less than three feet (3') deep and no more than four feet (4') deep; 4. All underground facilities which cross streets or hard surfaced roadways and driveways shall be bored and installed in conduit when requested by the City to a depth of no less than three feet (3') deep and no more than four feet (4') unless determined otherwise by the City Engineer. Gas does not need to be installed in conduit; 5. When required, the permittee shall excavate an observation hole over a City utility to ensure that a City utility is not damaged; 6. If the project work involves an open cut, the permittee shall install visual tracers twelve inches (12") over buried facilities. If other construction methods are used, substitute location methods may be used upon approval by the City; 7. During plowing or trenching of facilities, a warning tape shall be placed at a depth of twelve inches (12") above copper cables with over two hundred (200) pairs and fiber facilities and a locating wire or conductive shield shall be installed above buried telecommunication facilities, except for dielectric cables; 0 8. Restoration of areas disturbed by facilities will include returning the right-of-way to the same condition that existed before excavation as per Minnesota Rules 7819.1100. Subject to this standard, plates 1 to 13, shown in parts 7819.9900 to 7819.9950, indicate maximum limits of restoration methods and area requirements the City can impose when a right-of-way user excavates in the right-of-way. The City and right-of-way user may agree to a lesser requirement. The right-of-way user is responsible for all of its work done in the right-of-way, whether by employees, agents or independent contractors. All levels of restoration include compaction of the materials placed in the excavation of the subgrade and aggregate base, plus pavement replacement, in-kind. If required by the City, all work must be performed according to the City's specifications and drawings; 9. All facilities shall be located so as to not interfere with existing and potential future traffic signals and signs; 10. Unless approved by the City, all aboveground appurtenances shall be located no closer than ten feet (10') to City hydrants, waterline valves, manholes, lift stations and catch basins; not in front of or within usual sightlines of any City sign, monument or amenity for facilities or parks; and no closer than two feet (2) from sidewalks and trails; 11. Underground facilities shall not be installed between a hydrant and an auxiliary valve; 12. Where utility easements exist beyond the roadway surface area of the right-of-way and space is available therein, underground facilities shall not be installed within five feet (5) of hydrants, waterline valves, lift stations, manholes or catch basins. In those areas in which no utility easement exists, placement of an underground facility shall be between the edge of pavement and no closer than three feet (3') to an existing City utility appurtenance, unless approved by the City; 13. The location and installation of telecommunications facilities shall comply with the National Electrical Safety Code, as incorporated by reference in Minnesota Statutes SECTION 15. Section 7-15-28 B. of the Lakeville City Code is amended to read as follows: B. Indemnification: By registering with the City, a registrant agrees, or by accepting a permit under this chapter, a permittee is required to indemnify, keep and hold the City free and harmless from any and all costs, specifically including attorney fees and other costs and expenses of defense, liabilities and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment and facilities, or out of any activity undertaken in or near a right-of-way, whether or not any act or omission complained of is authorized, allowed or prohibited by a right-of-way permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment by the registrant or on the registrant's behalf, including, but not limited to, the issuance of permits and inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant, permittee or the City, and the registrant or permittee, in defending any action on behalf of the City, shall be 10 entitled to assert in any action every defense or immunity that the City could assert in its own behalf. In defending the City, any registrant or permittee shall obtain the consent of the City Council before any settlement shall be enforced SECTION 16. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 1 st day of November, 2021, by the City Council of the City of Lakeville, Minnesota. ATrST: Charlene Friedges, City Cl CITY OF LAKEVILLE 11 Doujl�s'P.Anderson,1 SUMMARY ORDINANCE NO. 1054 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 7, CHAPTER 15 OF THE LAKEVILLE CITY CODE CONCERNING RIGHT-OF-WAY MANAGEMENT NOTICE IS HEREBY GIVEN that on November 1, 2021, Ordinance No. 1054 was adopted by the City Council of the City of Lakeville. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 1054, the following summary of the Ordinance has been prepared for publication: This Ordinance amends Title 7, Chapter 15 of the Lakeville City Code concerning right- of-way management. The Ordinance amends the definition of "telecommunication right-of-way user", clarifies duties of right-of-way users, and corrects grammatical errors. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota, this 1s' day of November 2021 CITY OF LAKEVILLE BY: Douglas P. Anderson, Mayor ATTEST: Charlene Friedges, City C AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF DAKOTA Karen Nelson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: STW Lakeville with the known office of issue being located in the county of: DAKOTA with additional circulation in the counties of: SCOTT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 11/12/2021 and the last insertion being on 11/12/2021. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 11/1212021 by Karen Nelson. mot, Notary Public MM MMIEH 9 ----- -- NOTARY PLOW • MINNESOTA W Conrn"W bon 1181,1024 c Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch Ad ID 1181302 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA SUMMARY ORDINANCE NO. 1054 AN ORDINANCE AMENDING TITLE 7, CHAPTER 15 OF THE LAKEVILLE CITY CODE CONCERNING RIGHT-OF-WAY MANAGEMENT NOTICE IS HEREBY GIVEN that on November 1, 2021, Or- dinance No. 1054 was adopted by the City Council of the City of Lakevllla. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 1054, the follow- ing summary of the Ordinance has been prepared for publication: This Ordinance amends TI - tie 7, Chapter 15 of the Lakeville City Code concerning right-of- way management. The Ordinance amends the definition of `telecom- munication right-of-way user", clar- ifies duties of right-of-way users, and corrects grammatical errors. A printed copy of the entire ordi- nance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota, this 1st day of Novem- ber 2021 CITY OF LAKEMLLE BY: Douglas P. Anderson, Mayor ATTEST: Charlene Friedges, City Clerk Published in the Sun ThisWask November 12, 2021 1181302