CCA 12/11/2017 ipAdi, CITY COUNCIL MEETING OF DECEMBER 11 , 2017
The City of Fridley will not discriminate against or harass anyone in the admission or access
to, or treatment, or employment in its services, programs, or activities because of race, color,
creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status
with regard to public assistance. Upon request, accommodation will be provided to allow
individuals with disabilities to participate in any of Fridley's services, programs, and activities.
Hearing impaired persons who need an interpreter or other persons with disabilities who
require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534)
CONFERENCE MEETING (5:30 p.m.)
1. Building Construction Update
2. Organizational Structure
3. Telecommunications Ordinance Changes
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of November 27, 2017 1 - 11
NEW BUSINESS:
1. Receive the Minutes from the Planning
Commission Meeting of November 15, 2017 12 - 22
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2017 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
2. Final Plat Request, PS #17-04, by
Fridley Land LLC to Replat the Lot North
of 4800 East River Road, to Allow Further
Redevelopment of the Property. This Replat
Will Create Two New Industrial Lots;
and
Resolution Approving Final Plat, P.S. #17-04,
by Fridley Land LLC, to Allow Further
Redevelopment of the Properties Generally
Located North of the Property 4800 East River
Road N.E. (Ward 3) 23 - 26
3. Resolution Certifying Final Tax Levy
Requirements for 2018 to the County of
Anoka 27 - 28
4. Resolution Adopting a Budget for the Year 2018
and a Revised Budget for the Year 2017 29 - 30
5. Resolution Confirming the Statutory Level of
Tort Limits 31 - 32
6. Approve Change Order No. 1 for Oak Glen Creek
Pond Expansion Project No. 17-446 33 - 35
7. Approve Change Order No. 2 for Main Street Trail
Project No. ST2015-21 36 - 37
8. Claims (178919 — 179012) 38 - 62
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2017 PAGE 3
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
ADOPTION OF AGENDA:
PUBLIC HEARING:
9. Consideration of Text Amendment, TA#17-02, by
the City of Fridley, to Amend Fridley City Code,
Section 205.30. 0-5, Telecommunication Towers
and Facilities District, to Accommodate Recent
Legislative Changes Related to Small Wireless
Installations in the Right-of-Way 63 - 64
NEW BUSINESS:
10. First Reading of an Ordinance Amending Fridley
City Code, Section 205.20. 0-5, Telecommunications
Towers and Facilities District to Conform to Recent
Legislative Enactments Related to Small Wireless
Deployment 65 - 85
11. First Reading of an Ordinance to Repeal Chapter 407
of the Fridley City Code, and Enact a New Chapter of
the Code of Ordinances to Administer and Regulate
the Public Rights-of-Way in the Public Interest and to
Provide for the Issuance and Regulation of Right-of-Way
Permits and to Amend Chapter 11 to Reflect New Fees
for Small Wireless Facilities in the Public Rights-of-Way 86 - 118
12. Resolution Approving a Standard Small Wireless
Facility Collocation Agreement 119 - 138
13. Informal Status Reports 139
ADJOURN.
Fri&
FRIDLEY CITY COUNCIL MEETING
OF DECEMBER 11, 2017
7:00 p.m. - City Council Chambers
Attendance Sheet
Please print name, address and item number you are interested in.
ay
0 5d 6 0 F. 11 f
CITY COUNCIL MEETING
CITY OF FRIDLEY
NOVEMBER 27,2017
The City Council meeting for the City of Fridley was called to order by Mayor Pro Tem Barnette
at 6:59 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Pro Tern Barnette
Councilmember Varichak
Councilmember Saefke
Councilmember Bolkcom
MEMBER ABSENT: Mayor Lund
OTHERS PRESENT: Wally Wysopal, City Manager
Darcy Erickson, City Attorney
Shelly Peterson, City Finance Director/Treasurer
Scott Hickok, Community Development Director
Steve Eggert, 1090 Hathaway Lane
Julie Doth, 6873 Seventh Street NE
Avonna Starck, 650—67th Avenue NE
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of November 13,2017.
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Pursuant to Section 12.06, of the City Charter
Declaring Certain Real Estate to be Surplus and Authorizing the Conveyance
Thereof(Ward 1).
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27,2017 PAGE 2
2. Second Reading of an Ordinance Amending Fridley City Code, Chapter 101,
Animal Control, by Redefining or Adding Definitions to Section 101.01 Definitions;
Creating a New Section 101.04 Allowing for and Regulating Chickens; Creating a
New Section 101.05 Allowing for and Regulating Honeybees; Amending Section
101.14 Changing Kennels to Multiple Pet Locations and Renumbering Sections of
this Chapter as Required;
and
Adopt Official Title and Summary Ordinance.
APPROVED.
3. Receive the Minutes from the Planning Commission Meeting of October 18,2017.
RECEIVED.
NEW BUSINESS:
4. Receive Bids and Award 2017 Sanitary Sewer Pipe Lining Project No. 450.
Wally Wysopal, City Manager, stated this is to award the contract to Lametti & Sons for
$956,682 which is part of the City's budget.
RECEIVED BIDS AND AWARDED CONTRACT FOR THE 2017 SANITARY SEWER
PIPE LINING PROJECT NO. 450 TO LAMETTI&SONS.
5. Approve Change Order No. 1 for the Main Street Drainage Improvements Project
No. 17-486.
Mr. Wysopal stated this is a$3,305.20 reduction in the total amount of the contract with Lametti
& Sons because of some reduction in work.
APPROVED.
5. Claims(178801-178918).
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
Mayor Pro Tem Barnette asked to remove Item No. 1.
MOTION by Councilmember Varichak to adopt the proposed consent agenda with the removal
of Item No. 1. Seconded by Councilmember Saefke.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27,2017
PAGE 3
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM,VISITORS:
Steve Eggert, 1090 Hathaway Lane, stated he represents Positively Fridley, a new civic
organization in the City. Positively Fridley is a grassroots effort striving to help create an even
more vibrant community in Fridley. Their members live, work, worship, attend school, and
volunteer in Fridley. They want to learn about issues in Fridley. They are faced with a lot of
change that comes to the community. They may have no choice about seeing more changes, but
they do have a choice in how they respond. If they see the need, they would like to move
forward in a positive direction and have some fun along the way.
Mr. Eggert said they have been working on a public art project. Positively Fridley also recently
hosted the Urban Land Institute Workshop--Navigating Your Competitive Future. Member from
the Planning Commission, HRA and Parks and Recreation Commission were at the two-hour
session. They took a look at national trends, Fridley demographics and housing, and had a panel
discussion with some of the local experts. Positively Fridley is hoping the slide show they were
provided with and the videotaped session can be made available to people on the City's website.
Mr. Eggert stated another area they are interested in is restaurants. Positively Fridley took an
inventory of the market area and they were surprised to learn there are 96 restaurantes within the
City's market area. On January 8, they are going to have a"supper night"and visit restaurants in
Fridley.
Mr. Eggert stated they would like to be involved in some way with the move to the new Civic
Center. If anyone is interested in the group they can call or e-mail him. They also have a
Facebook page. Their next meeting is Tuesday,January 16, at 7:00 p.m., at City Hall.
Councilmember Bolkcom asked how someone would join and what the time commitment was.
Mr. Eggert said they were a volunteer organization. The group really is about people who care
about their community. As to the time commitment, they do a time and talent survey of people
because they would like to identify their talents and provide opportunities for people to work
within their talents.
Julie Doth, 6873 Seventh Street N.E., stated Positively Fridley is undertaking a public art
initiative. She and Ms. Starck are part of a subcommittee that was formed to explore what public
art can do for Fridley and how they can organize a planning process for a public art program.
Ms. Doth stated in the last couple of months, she has spoken with a couple of local organizations
about this initiative and they liked the idea. She is here tonight to submit a petition to the City
Council asking for support for this initiative. Accompanying the petition is an action plan Ms.
Starck has prepared that will guide them through the next year in organizing this endeavor.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27,2017
PAGE 4
Avonna Starck, 650 — 67th Avenue N.E., said this plan covers background, budget, timelines,
and stakeholders. It is intentionally vague right now, and it will change with new information
and opportunities.
Councilmember Bolkcom stated to Ms. Starck one thing she would like Positively Fridley to do
if possible is involve the executive director at Banfill-Locke Center for the Arts. Banfill is also
looking at something similar right now. It has some money from the County and is looking at
doing a sculpture. One of the concerns is trying to find additional money for which they are
working closely with Anoka County. Anoka County is doing a lot more public art in their other
parks. Banfill is going to be going out for a proposal soon. There are two great programs: one
in Sioux Falls and one in Mankato. They have public art in all their parks, and people have an
opportunity to vote for their favorite one. They have art commissions in both of those
communities where they actually purchase one which becomes permanent in either a park or on
their civic campus. People also have an opportunity to purchase some of those other ones. She
tried to get a hold of someone at the program in Mankato but has not heard back from anyone.
Ms. Doth stated she has had several conservations with Jeffrey at Banfill-Locke, and he is going
to be working with them on grant writing and submitting proposals. She said she had also picked
up some brochures from various places who have done public art. They are making sure they
have diversity in their planning process. She has talked to the schools. They are going to
involve school kids and different ethnic groups, so they do get a representation of who Fridley is.
Councilmember Bolkcom asked whether Positively Fridley will become a 501C. It is really
hard to get grants unless they have some matching funds, etc.
Mr. Eggert replied it is one of their goals.
Councilmember Bolkcom stated at Banfill they applied for a grant and the County was on
board to do a big mural underneath the bridge. They did not get the grant but they would love to
partner with someone else to do that. One of the artists in residency would love to work with
Positively Fridley if that is something they would be interested in doing.
Ms.Doth stated she has had two public artists contact her already and has their information.
MOTION by Councilmember Bolkcom to receive into the record a public art initiative including
a campaign plan from Positively Fridley. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom asked if there was anything else they could do.
Mr. Eggert replied not only the overall support of the Council but also the City itself as key
stakeholders in this is a major role in the oversight of this program.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27,2017 PAGE 5
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda the addition of Item No. 1.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
PUBLIC MEETING:
7. Presentation of the 2018 City of Fridley Budget.
Shelly Peterson, Finance Director/Treasurer, stated staff is presenting the revised 2017 budget,
the 2018 proposed budget, and the 2018 proposed property tax levy. This public meeting is
designed to provide citizens of Fridley, elected officials, and other interested parties with a
description of the 2018 proposed municipal services, capital investments for the upcoming year,
as well as the means to pay for them.
Ms. Peterson stated the City continues to monitor operational expenditures to achieve cost
savings without negatively impacting current service levels to taxpayers. The budget does not
include any new major initiatives or enhancements to existing services.
Ms. Peterson stated the 2018 proposed levy was developed following the revised Charter
restriction which became effective November 2.
Ms. Peterson stated on September 25, Council adopted the preliminary levy that included a
5 percent levy increase for the General Fund which is the primary operational levy. The
Information Technology Fund levy and the Springbrook Nature Center both reflect a 5 percent
levy increase; and the debt service levy is established with the City's debt service schedule.
With the Council approving a 5 percent operational levy and that debt service levy, the total tax
levy for 2018 is proposed to be $14,807,913 which is a 4.86 percent increase over the prior
year's levy.
Ms. Peterson stated when looking at a median-valued home in Fridley, staff calculated the
estimated impact; and it amounts to about$4.42 a month. Staff looked at the nine neighborhoods
in the community and found the median value. The median value in 2017 was $174,388; and in
2018 that value is estimated to be about $186,000. The City's portion of those taxes in 2017 was
$763, and staff estimated the City portion of the taxes in 2018 would go up to $816. That is
about $53 a year or 6.95 percent increase. It is important to note that a median-valued home is
dependent on its value increase. Those values increase depending on the neighborhood between
3 and 10 percent. Staff again averaged that to a 7 percent increase.
Ms. Peterson stated if they look at the past ten years of levy comparisons, they will see in 2017
the historic civic campus capital improvement bond levy which the City started collecting on for
debt service payments. Construction will be completed at the end of 2018. As to the General
Fund operational levy, if you average it out over the past ten years, even with the 5 percent levy
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27,2017 PAGE 6
proposed for 2018,it still averages about 2.63 over the course of those ten years.
Ms. Peterson stated staff looked at the surrounding cities and those total levy increases ranged
from 4.67 percent to 9.63 percent over the prior year. This includes all of the neighboring cities'
debt levy as well as Fridley's. If you take the surrounding neighbors, the average increase is
about 6.36 percent and Fridley's is proposed to increase 4.86 percent.
Ms. Peterson stated the General Fund is the primary fund which supports the day-to-day
operations of the City. Of that total levy, 75 percent is designated to support General Fund
operations. That revenue provides 66 percent of the resources needed to support the General
Fund operations.
Ms. Peterson stated another significant revenue source to the General Fund is Local
Government Aid (LGA) which has not always been a reliable funding source. In 2012, because
of that volatility, Council made an effort to dedicate all of the LGA to the Capital Project funds
or other one-time expenses and not rely on it to support the City's operations for those recurring
costs. This practice was modified in 2016 as a result of expenses increasing at a higher rate than
was allowed with the former Charter restriction.
Ms. Peterson stated LGA is anticipated to increase by $160,000 for 2018. Staff is proposing
that increase be directed to the General Fund to support the City's operations. For 2018, staff is
proposing that 60 percent of the LGA be directed to the General Fund.
Ms. Peterson stated the City does not anticipate any new revenue sources for 2018 in its General
Fund. Some highlights in other areas that have been modified are the administrative fees. These
are the fees charged to the Enterprise Funds and to the HRA to support their operations. As to
water, sewer, storm water, and the HRA, the City is increasing those fees by 4 percent. They are
also reinitiating the recycling administrative fee that had been suspended two years ago. The
City is also reinitiating the liquor administrative fee which was suspended several years ago so
that funds could be redirected towards the reconstruction of the Fridley Market and the Moore
Lake liquor stores.
Ms. Peterson stated the City is seeing a slight reduction in building permit revenue for 2018 and
staff is projecting that. Antenna revenue has been adjusted down. The City actually had more
revenue budgeted than what has come in. It is in line now with actuals for the past several years.
Also,as to recreational programming the City has seen slight reductions in a couple of areas.
Ms. Peterson stated another significant change to the revenue is the transfer from the Closed
Bond fund. Transfers from this fund have been designed to balance the General Fund budget.
This has occurred since the early 1990s. In 1990, this fund had a cash reserve of just over $8
million. It has now turned into a source of funding that has been necessary in the General Fund.
It was not just used to do a minor adjustment here and there. It has now become a regular
transfer from this fund. At the end of 2017 it is projected that the balance in this fund will be
$3.2 million. With savings identified in expenditures and that 5 percent levy increase, staff has
been able to reduce that transfer down to $104,000 for 2018. The goal would be to have no
transfer coming from this fund.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27,2017 PAGE 7
Ms. Peterson stated as far as General Fund expenditures go, salaries make up 63 percent of the
General Fund budget. With step increases anticipated for some of the newer employees and
cost-of-living adjustments as approved in the union contracts, they are anticipating a $300,000
increase in expenditures.
Ms. Peterson stated 2018 is an election year, so the City has $60,000 budgeted there which is
primarily election judge staffing. They are allocating funds to address some staffing issues in the
City's technology and Human Resources areas. They have a 25 percent increase in workers'
compensation insurance anticipated for 2018. The City did see a reduction of 18 percent in its
health insurance premiums.
Ms. Peterson stated in other areas of the General Fund, the City increased the allocation to its
self-insurance fund to cover its deductible portion. They have been seeing an increase in liability
insurance claims and also in claims that are not covered by insurance. They have had to adjust
that allocation to the General Fund to replenish reserves.
Ms. Peterson stated staff did identify cost savings of$180,000 in the General Fund. Fuel and
salt has been less than anticipated in the past few years. Staff has also identified savings in fuel
and technology costs in the Police Department.
Ms. Peterson stated the City's legal service expenditures were less than anticipated. With some
restructuring, the Assessing should see some savings on staffmg. As to building inspection,they
will see savings with less professional services needed.
Ms. Peterson stated the document also includes the 2017 revised budget which represents the
final budgeted figures for 2017. General Fund revenues have been adjusted. They will see a
slight reduction in property tax revenue because of tax court petition settlements which reduces
the revenue staff anticipated the City would be receiving. Antenna rental revenue has been
reduced and it is more in line with prior years.
Ms. Peterson stated as to recreational sports and athletic revenue, the City has seen a slight
reduction and that budget has been reduced in 2017.
Ms. Peterson stated General Fund expenditure adjustments include a reduction in part-time
salaries. This is primarily because of vacancies in the City's CSOs staffing in police. Fuel costs
are also anticipated to be less than budgeted in police and public works. Professional services
will be less than budgeted for 2017, and that would be legal services and building inspections.
Ms. Peterson stated the General Fund policy is to maintain 35-50 percent of the next year's
budgeted expenditures. This guideline is to provide cash flow for expenditures for the first half
of the year until that first half settlement arrives in July. With the 2017 budget revisions, staff
anticipates the fund balance will be at 55 percent of the 2018 proposed budget. A very healthy
fund balance.
Ms. Peterson stated for the past three years the City's fund balance is just above the 50 percent
working capital policy.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27,2017 PAGE 8
Ms. Peterson stated the proposed expenditures for the 2018 General Fund budget are
$16,652,700. The revenue sources identified equal the expenditures and will result in no change
to fund balance. Staff does not anticipate needing fund balance for 2017 or 2018.
Ms. Peterson stated in addition to the General Fund, the City has its Special Revenue Funds.
These are funds that have a primary funding source other than the general operation levy. The
Cable TV Fund provides the primary communication for the City. This fund will be using fund
balance or its cash reserves to fund the council chambers AV equipment at the new civic
campus.
Ms. Peterson stated the solid waste abatement fund is the recycling programming. The primary
source of this fund is the recycling fees which also fall under the City's charter restriction. The
Council approved a fee increase of 4.3 percent on November 13. That increase should provide
the funding necessary for the City's hauler contract which increases each year. It will also allow
for reinstatement of the admin fee which had been suspended a couple of years ago. Staff
anticipates a slight increase in professional services with 2018 being the year the City goes out
for RFPs for services starting in 2019. This fund will be balanced and not require use of reserves.
Ms. Peterson stated another special revenue fund would be the Police Activity Fund. This is a
fund that will be used when there is a dedicated revenue source for a special initiative in the
City's Police Department. This fund currently has the City's public safety data system's
technology staff person who is an employee of the'City, and is fully reimbursed through the
County, so there is no significant budget highlights with that. It is basically salaries and then a
reimbursement from the County.
Ms. Peterson stated the last special revenue fund would be the Springbrook Nature Center. This
fund has its own levy which is the market value referendum levy. This is also subject to the
Charter restriction, and Council did approve a preliminary levy increase of 5 percent for this
fund. The budget for this fund was developed in anticipation of another strong year of
programming. They are seeing an increase in program revenues which also increases the City's
salaries, supplies, and other contracted services but will result in no change to the fund balance
or the need to use reserves.
Ms. Peterson stated the Capital Improvement Funds were part of the City's capital investment
plan which was approved by Council on September 11. The budget document merely
summarizes that detailed document that was approved earlier in the year. In the Building
Improvement Fund transfers are anticipated from the HRA and the Cable TV Fund to support
their share of the civic campus project. The Building Improvement Fund's primary focus in
2017 and 2018 is that civic campus project. Then there are funds designated for improvement
costs that are anticipated with the Police and Public Works off-site storage site. Reserves are
anticipated to be at$370,000 at the end of 2018.
Ms. Peterson stated a couple of other Capital Investment Funds include the Street Improvement
Fund which has $1.9 million in projects planned for 2018 and will be using reserves in 2018 to
fund some of those projects. The Park Capital Fund has $629,000 in projects planned and will
also be using reserves in 2018.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27,2017 PAGE 9
Ms. Peterson stated the Information Technology Fund has $317,000 in projects and equipment
planned for 2018 and again will be using reserves. The Equipment Fund has $534,000 in
equipment planned. This does not include $300,000 in equipment that had been deferred during
the budget process. This fund will also be using its reserves.
Ms. Peterson stated as they can see, the City's capital funds are in need of finding a reliable
funding source. Since 2014, these funds are slowly depleting in their reserves. The City will
hopefully be able to shift some LGA back into these funds, we still need to find other reliable
sources, or possibly defer projects.
Ms. Peterson stated in the Utility Funds, on November 13, the Council approved a restructuring
of the water and sewer rates and tiers which is anticipated to increase revenues by 9.8 percent in
the water fund and 4.3 percent in the sewer fund. The Storm Water Fund was not a part of this
restructuring, and Council approved a 3.5 percent increase in the rates. In the water fund some
highlights include $1.1 million in infrastructure improvements and continued work on the meter
change-out project. Since 2016, City has had staff change out 3,600 meters. In 2018 the focus
will be on multi-unit residential properties and commercial properties.
Ms. Peterson stated in the Sewer Fund, the City has $265,000 scheduled in capital and
infrastructure improvements. This is primarily one piece of equipment which is replacement of a
jet truck. It is important to note this is an off year for the sewer lining project; therefore, this
budget is typically higher for capital. The other important thing to note is that in the Sewer Fund,
70 percent of that budget is the fees charged from Met Council for processing of the City's
waste. MCES charges are anticipated to increase 3.7 percent.
Ms. Peterson stated in storm water back in 2015 Council approved a 75 percent increase in the
rate to better align with its expenditures. There was no increase in the rate for 2016. In 2017
Council approved a 4 percent increase and for 2018, Council has approved a 3.5 percent
increase. These increases are in line with the significant projects that have happened over the
past three years. In 2016 storm water spent over$500,000 on projects and in 2017 and 2018 it is
more than double the cost for projects planned.
Ms. Peterson stated as to liquor operations, sales are anticipated to increase 2 percent over what
was budgeted for in 2017. They are seeing revenues continue to increase. In the expenditures it
includes the addition of a full-time staff person. This is a result of Sunday liquor sales, and the
struggle in finding consisted long-term part-time staffing. With that additional full-time staff
person, the City will see a reduction in part-time staffing costs. It also includes that
reinstatement of the admin fee to the general fund, and there are two capital items included in the
2018 budget which would be the replacement of a condenser over at the Fridley Market and the
replacement of the HVAC over at Moore Lake.
Ms. Peterson stated it also includes the transfer out of $338,000 which is the same as 2017.
This would be $175,000 going to the capital equipment fund; $75,000 supports the Park
Improvement Fund and then $88,500 to the General Fund. Reserves are projected to remain
stable.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27,2017
PAGE 10
Ms. Peterson stated she will present the final budget on December 11. It will include the final
levy,the final 2018 budget, and the revised budget for 2017.
OLD BUSINESS:
1. Second Reading of an Ordinance Pursuant to Section 12.06, of the City Charter
Declaring Certain Real Estate to be Surplus and Authorizing the Conveyance
Thereof(Ward 1).
Mayor Pro Tem Barnette stated this has to do with land at Locke Park. Outlot E is where the
current playground is located. The neighborhood did not want to lose the park. This makes this
very clear. On page 14, item 5, says "The Redevelopment of the Outlots requires that there be
sufficient space for the expansion of the water pumping facility and that there be recreational
opportunities for the occupants of the redeveloped Outlots and the adjacent community." In Item
3 under Actions, it states, "The Authority and the City will agree as to the amount of space,
design and location for recreational opportunities including a tot lot to service the future
residents and the adjacent community." The diagram they received shows the proposed ideas of
where everything will go with the patio homes, etc. which would now absorb Outlot E. There is
full agreement that the park area and the equipment would remain on-site moving over to the east
side of the area.
Mayor Pro Tem Barnette stated in the 1950s and early 1960s, when he came to Fridley as a
teacher, he worked summers with the Park Department and they built a lot of parks at that time.
As he recalls when a developer came in with the property, he had to allocate a proportion or
percentage of that for park or pay a value of that park. He is wondering when the HRA seeks
proposals for housing if that could be included.
Scott Hickok, Community Development Director, said it was staff's intention to include a park
dedication. That historically has been the way development has happened, and it certainly is still
in play with this negotiation.
Mayor Pro Tern Barnette stated he just wanted to make sure the public understands they are
not losing a park. They are relocating it. There were some concerns with the soccer fields, etc.
and the Parks and Recreation Commission have talked very intently about maintaining that on a
different site where there would be adequate parking.
MOTION by Mayor Pro Tem Barnette to waive the reading of the ordinance and adopt
Ordinance No. 1348. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27,2017 PAGE 11
8. Informal Status Reports: There were no informal status reports.
ADJOURN:
MOTION by Councilmember Bolkcom to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING
ADJOURNED AT 7:49 P.M.
Respectfully submitted by,
Denise M. Johnson Robert Barnette
Recording Secretary Mayor Pro Tem
11
PLANNING COMMISSION MEETING
November 15,2017
Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m.
MEMBERS PRESENT: Rachel Schwanld, Mike Heintz,David Kondrick, Brad Sielaff, and Mark
Hansen
MEMBERS ABSENT: Leroy Oquist and David-Ostwald
OTHERS PRESENT: Stacy Stromberg,Planner.
Approval of Minutes: October 18,2017
Ms. Stromberg stated at the Council Meeting on November 13, Councilmember Bolkcom had a few
modifications of the minutes as follows: (1)page 2, at the bottom of the page, it should read Stacks VII
instead of Stacks VIII; (2) page 3, second to the last paragraph, removing the first sentence, so it now
reads "Mr.Hyde replied,we have all worked very well together";and(3)the second line of page 4 should
say"stripe"and not"strike"the truck parking.
MOTION by Commissioner Hansen to approve the minutes as corrected. Seconded by Commissioner
Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING.
Consideration of a Text Amendment,TA 17-02,by the City of Fridley,to amend Chapter 205.30 0-
5 Telecommunication Towers and Facilities District, to accommodate recent legislative changes
related to small wireless installations in the right of way.
MOTION by Commissioner Sielaffto open the public hearing. Seconded by Commissioner Heintz.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:06
P.M.
Stacy Stromberg,Planner, stated in October 2016 the Planning Commission and City Council approved
changes to City Code Chapter 20530 Telecommunications and Towers to allow small cell technology
within the right-of-way provided certain conditions could be met. The City was proactive by creating its
own set of regulations because it was getting requests from telecommunication users to locate their
equipment in the right-of-way which was not allowed at the time.
Ms. Stromberg stated the wireless telecommunications industry has since lobbied for legislation to make
it easier for them to locate their facilities within the public right-of-way as quickly and inexpensively as
possible. As a result the Legislature has created standard regulations for cities that address small wireless
facilities (what the City had defined as DAS in its ordinance) in state law and there are limits on local
governments' abilities to regulate them. The changes she is going to go through are required by new
legislation.
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Planning Commission Meeting
November 15,2017
Page 2 of 11
Ms. Stromberg stated they are modifying some definitions because previously there was no universal
definition of small wireless facilities, and the City developed its own definition. The ordinance now
needs to be updated to reflect this universal definition of small wireless facilities and to include other new
definitions created by the legislation.
Ms. Stromberg stated other definitions that will be added include "collocate, micro wireless facility,
local government unit, utility pole, wireless backhaul facility, wireless facility, wireless service, and
wireless support structure". All of those things are referenced in the new legislative language, and the
City needs to define them in its Code.
Ms. Strom berg stated there also was a change related to land use. These wireless facilities are permitted
uses in all districts except for residential districts, and they are letting cities grant special use permits if
this type of equipment wants to be in a residential area. Staff has laid that out in the Code and provided
some additional standards, too. The following are a couple of examples of those provisions: (I) They
need to be 900 feet apart from each other. Staff came up with that number which is roughly a block or
two so the City is not having several of these on the same block; and(2)The equipment has to be placed
at least two feet from the trail or sidewalk. Therefore, if you are riding your bike along the sidewalk you
are not getting hit by the equipment. (3)They need to be placed at least 12 feet up from the ground level,
so again if you are walking or biking on a trail or sidewalk,they equipment is tall enough that it won't hit
you.
Ms. Stromberg stated as to collocation issues, the Legislature allows installation of the equipment on
City utility poles and places restrictions on the amount of rent the City can gain from that. That is $150 a
year to occupy the space with up to $25 a year for maintenance associated with the space occupied. The
City can add a monthly charge for electricity if they are not paying Xcel directly for the electricity.
Commissioner Heintz asked what about damage to a City pole if they cause that when they are in the
process of maintenance or installation?
Ms. Stromberg replied, that is a good question. It says specific to $25 a year for maintenance. That is
not going to go very far if there is damage. These are the numbers which the City Attorney gave staff as
to what the City can charge.
Commissioner Hansen stated to clarify he believed the fee and rent are set by State Statute.
Ms. Strom berg replied,they are.
Commissioner Heintz stated but it says for rent, occupy, or for maintenance; but it does not state
anything for damage.
Commissioner Schwankl stated liability insurance she thinks would come into play.
Ms. Stromberg stated she will look into that further. The City does require an escrow be submitted in
the event they do not remove their equipment,and the City needs to do it for them. They will have some
money set aside already,but that is a great question.
Commissioner Heintz stated, for example, they are backing their truck into the pole and they knock it
over,who pays for that pole?
13
Planning Commission Meeting
November 15, 2017
Page 3 of 11
Ms.Stromberg replied,exactly. She will look into that and get back to them next month with an answer.
Ms. Stromberg stated they also created an application process the City needs to follow along with
creating a special timeline. As most of you know the City's land use items need to go through a process
within 60 days. The City runs a strict calendar. That is why you meet oncea month,and the Council gets
this item within 60 days. This provision is going to allow 90 days for review and approval, and it is also
going to allow up to 15 locations on one permit application. For example, the provider wants to put one
on Fifth Street, one on Seventh Street, and one on Hickory Drive, they can list all of those locations on
one application. She is not sure how that relates to $150 a year for rent to occupy the space. That might
be per location.
Commissioner Heintz asked if there is a fee when they apply for related to the permit?
Ms. Stromberg replied there is a right-of-way permit fee and a building permit fee. Those the City can
charge.
Commissioner Heintz asked and when they come in for the special use permit,is there a fee for that?
Ms. Stromberg replied,yes, it is$1,500.00.
Commissioner Heintz asked whether they can change that at all? They are doing 15 things instead of 1
item. The City should be able to increase that fee for this?
Ms. Stromberg replied, she is thinks the City would have to stick to the $1,500 that we charge for a
special use permit.
Commissioner Hansen asked if all of these permits are approved by staff? Do they require any kind of
hearing or other review?
Ms. Stromberg replied, no, unless they are in a residential district then they will come to the Planning
Commission and the City Council for approval. If they are in an industrial or commercial zoning district,
then we just issue through a right-of-way permit and a building permit. It all depends if it is the City's
right-of-way, it could be MnDOT right-of-way and then they would have to sign off on it. There are a lot
of players who could be involved.
Commissioner Sielaff asked as to residential districts, what does that include? Single-family? Multi-
family?
Ms. Stromberg replied, only single-family.
Commissioner Sielaff asked so they are allowed by this ordinance to put it in a single-family residential
district with a special use permit?
Ms. Stromberg replied,correct.
Commissioner Sielaff asked whether they are going to go over what those limitations are for this special
use permit which are outlined in their packet?
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Planning Commission Meeting
November 15,2017
Page 4 of 11
Ms. Stromberg replied, she was not planning on going over them. There are quite a few of them,which
we went over in detail last time. She can go over them if they want her to. The ones she did note earlier
about being 900 feet apart,2 feet from a trail, 12 feet off the ground,those are just 3 of the provisions the
City is requiring. They also have to be a certain size; it cannot be a huge thing on the pole. She presented
a couple of examples of what they might look like, showing them attached to a light or utility pole. The
City does have a provision prohibiting it from being on a semaphore. The reason this technology is
coming to the City is because there are so many people who need to use the technology in hi
areas like shopping malls,movie theaters,churches,hospitals,where there are a lot of people at highe
traffic.
That is when the cell companies are losing coverage, and that is the purpose of this small technology to
work with the large tower together.
Commissioner Sielaff asked if you are in a residential area could they put a pole in just for this purpose?
Ms. Stromberg replied, they could put in a new pole. There is a stipulation they have to put it on the
comer of the lot so it cannot be in the center of the lot. Staff did think about that a little bit. However,
again, those will be ones the Planning Commission will see so that will give them a little bit more
discretion.
Ms.Stromberg stated staff recommends approval of the text amendment. The City Council is scheduled
to hold a public hearing on this item at their November 27, 2017 meeting. —Note the public hearing is
actually scheduled for December 11,2017.
Chairperson Kondrick stated staff has spent a lot of time with this deal. There is a lot of information
here they have looked into as to setbacks,how high,how far away,etc. They have done their homework.
MOTION by Commissioner Hansen to close the public hearing. Seconded by Commissioner Schwankl.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:18
P.M.
MOTION by Commissioner Hansen approving Consideration of a Text Amendment, TA 17-02, by the
City of Fridley, to amend Chapter 205.30 0-5 Telecommunication Towers and Facilities District, to
accommodate recent legislative changes related to small wireless installations in the right of way.
Seconded by Commissioner Heintz.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
RECEIVE MINUTES FROM OTHER COMMISSIONS:
1. Receive the minutes of the October 2,2017,Parks and Recreation Commission Meeting
MOTION by Commissioner Heintz to receive the minutes. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15
Planning Commission Meeting
November 15, 2017
Page 5 of 11
2. Receive the minutes of the October 5, 2017, Housing and Redevelopment Authori
Commission Meeting. ty
MOTION by Commissioner Sielaff to receive the minutes. Seconded by Commissioner Hansen.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
1. Redevelopment District Review of the 2040 Comprehensive Plan.
Ms. Stromberg stated she wants this to be a dialogue between Planning Commission and staff. She is
looking for the Commission's feedback more than anything. This is a draft of the City's potential
redevelopment districts. As the Commission knows staff is working to get this Comp Plan update
completed, which we do every ten years. She is going to give them a brief presentation to go over just a
few of the ones staff has identified and the differences from last time around. There are 22
redevelopment areas identified so hopefully the Commission has had a chance to look at them and, if they
have any questions, suggestions,ideas, she is certainly open to those tonight.
Chairperson Kondrick stated he read this whole thing twice, went through things, and tried to find some
objections to be critical. He could not fmd anything he thought was totally out of place. The staff did a
good job on this and it is complete. He was really impressed.
Ms. Stromberg stated the first slide she presented is the 2030 Comprehensive Plan redevelopment areas
vs.the 2040 Comprehensive Plan redevelopment areas. They will notice that the 2030 Plan shows about
10 redevelopment areas,3 of them are very large,geographical areas. This time around staff wanted to be
specific about what might need some changes,some updating.
Ms. Stromberg stated the City has seen a lot of changes in ten years,a lot of redevelopment has occurred
since the last time the Comp Plan update. All of those redevelopment requests have had to go through the
Planning Commission at one point and she shared a list of those projects. White Pines Assisted Living
over on Central was constructed, Landmark of Fridley Assisted Living was constructed (where the old
Sandee's site was),Triland(the Cub Foods)has completely redeveloped in the last ten years,the Interlude
Building at Unity Hospital was constructed, the Cielo apartment building, and the amazing changes at
Northern Stacks. They are almost ready to begin construction of Building VII. Starbucks redevelopment
on the corner of Central and 53rd used to be a little gas station that was not doing too well, and now the
City has a thriving little strip mall. Then there is all the new construction and development at the
Columbia Arena site.
Ms. Stromberg stated she also wanted to point out a couple of smaller-scale projects. Riverboat
Shopping Center on East River Road was in the City's plan last time, but they have done some
improvements to their site. They have done a facelift to the building, and they have thriving tenants.
Those little things just really help the community. Trojan Storage on Central Avenue took an old
industrial building and completely did an exterior revision, new landscaping, it is gorgeous. Crooner's
did a complete remodel, they added a patio, they did a lot of modifications there. Miller Funeral Home
bought an old architectural building on University Avenue and completely redid that,they opened it as a
second site for them in Fridley. This summer Taste of Thailand did a bunch of interior and exterior
16
Planning Commission Meeting
November 15,2017
Page 6 of 11
renovations. The old Domino's Pizza building was torn down and is currently being rebuilt as Fridley
Optical. So,the City has seen a lot of redevelopment in the last 10 years. Some of the redevelopment has
occurred with the City's help and some with private reinvestment. It has been an exciting ten years.
Ms. Stromberg stated as to the redevelopment areas staff selected for the 2040 Plan, they took into
consideration what was decided in 2030,what has changed,what has been developed,what can come out
of those large geographical areas. They also took a look at existing land use patterns, what makes sense
for something to be redeveloped,to be in a redevelopment district. The City also did a community survey
and they had some public meetings. They did not do the big
ago
because they have a hard time getting people just to attend those things.eThey did smaller things,tins like they did tenesuch gas
being at National Night Out, handing out cards to the community for people to take surveys on-line so
they do it at their own free will. The other thing they took into consideration are staff recommendations.
Ms. Stromberg stated just a reminder, redevelopment is a form of community revitalization that
transforms undesirable elements of a site into desirable elements that reflect the community's vision.
Over the last ten years they have seen a lot of those undesirable properties turn over and become
something great for the City.
Chairperson Kondrick asked if she feels the City has done it all needs to do to encourage,not force, and
to make people aware of the input that is necessary, how much it is necessary that they contribute to
ideas,to future planning ideas.
Ms. Stromberg replied, she just actually asked Julie Jones, Planning Manager,that tonight who told her
through the City's survey results they got better feedback than in other years. Perhaps it is because
people are anonymous, and they feel they can just respond with what is on their mind. It is easier to fill
something out that way and speak their mind rather than when you are in a big group.
Ms. Stromberg stated she picked six sites to look at for tonight's discussion.The first two are along East
River Road. The first is along the northern end of the City, Fairmont Street and East River Road.Maybe
five to eight years ago staff did a study with Anoka County and the City of Coon Rapids on East River
Road and what they can do to make East River Road better. A lot of the changes were amenity or
aesthetic type things.
Ms. Stromberg stated but one of the ideas that came out of that study was to reroute how Fairmont Street
approaches Fairmont Circle and line them up. In order to do that the City needs to take some property
from what used to be Texaco, which Anoka County owns. It is a nice option to use a portion of that
parcel to realign the right-of-way. Staff is proposing the area south of the aligned road be for a single-
family home and then the area to the north would be guided for commercial. There are commercial uses
in there now; however they are probably not the best uses for that little area. Perhaps some other quick
service type business there. It is a small parcel but it is a good potential redevelopment site.
Chairperson Kondrick asked whether the County has plans for widening the East River Road from 85th
to 694?
Ms. Stromberg replied,she did not believe so. She referred to Commissioner Hansen.
Commissioner Hansen replied,his sense is it would stay as it currently is,a four-line divided road.
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Planning Commission Meeting
November 15,2017
Page 7 of 11
Ms. Stromberg stated the next potential area is also on East River Road and was part of another study,
the Northstar TOD (transit-oriented district) development master plan. They hired a consultant to do
that. All of these studies have been approved by the Council so it just a matter of adding these areas to
the Comp Plan to reference the study and the vision already approved for these areas.
Ms. Stromberg referred to the area generally around Georgetown Apartments which are overall inre
tty
good condition. There are the apartments to the north that have needed some reinvestment for quite some
time. This master plan takes that these properties into account and redesigns the entrances. There is a
beautiful park behind the apartments which is owned by the County, this plan wants to make that more
visible, and add a parkway,bringing more people to the park and the river.
Chairperson Kondrick asked with the activities done by the DNR to change the riverfront area from the
694 bridge northward on the Fridley side of the area,are they imposing any new restrictions on building a
larger apartment building that would overlook the river, etc.? Are there any encumbrances being placed
upon the City and other agencies that might prohibit that type of development?
Ms. Stromberg replied, that whole area from East River Road to the river is in what is called a Critical
Area which puts additional regulations on the City and on the development. This master plan did take
this into account, the picture they are seeing now on the screen. The City still has to abide by the 100-
foot setback from the ordinary high-water mark and the 40-foot setback from the bluff. But somethin
can still be built there;the City can still see some kind of new development in this area. g
Chairperson Kondrick asked Ms. Stromberg she does not see any additional restrictions applied to the
City at this point as to what can be built there?
Ms.Stromberg replied,no.
Commissioner Hansen asked whether a use was proposed on the northeastern quadrant of East River
Road and 694 envisioned in that master plan? What was the use for that?
some time ago and is currently being used for construction and utility storage. There was a building there
Ms. Stromberg replied, yes, that is the John Allen site owned by Industrial Equities. That was part of
this master plan, too. That property was actually master planned through a TOD approval the City did
back in 2013 or 2014, and the proposal there is an industrial use along the rail and a high-end office
building and a multi-family building. That took into play the potential extension of 57th Avenue over the
rail and all those design details would still have to be worked out.
Commissioner Hansen asked whether they would be all market-rate apartments?
Ms. Stromberg replied, at the time the property went through the master plan,the developer said market
rate or senior, he had not decided. The individual who owns it, his forte is the industrial piece of it; and
so he was trying to find partners to help him develop the rest of it.
Commissioner Sielaff asked whether they had used focus groups at all to get input?
Ms. Stromberg replied she would say not focus groups per se. They have had some community
meetings.
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Planning Commission Meeting
November 15, 2017
Page 8 of 11
Commissioner Sielaff stated focus groups are different because certain individuals commit to being part
of the group, etc. and give input. Whereas if you have public meetings you do not know who is going to
show up,if anyone does. He is wondering whether that would be useful?
Ms. Stromberg replied they have committees at City Hall for each chapter in the Comp Plan. However,
they do not have a focus group outside of City Hall.That is a good suggestion.
Ms. Stromberg stated the next redevelopment area she has for discussion is the Girl Scout Camp on East
River Road. That property recently sold to Met Council. They have a sewer line that goes through the
bottom portion of the property so they would need to retain a certain amount of land on the southern end
for utility purposes. She has not had conversations with Met Council to know exactly what their ideas are
for this piece of land,however staff understands that they are open to ideas provided they get the portion
they need for their utility.
Chairperson Kondrick stated he was surprised to learn that so much of that land is wetland.
Ms. Stromberg stated she thinks as time goes on they will have to do some studies out there to see if it is
indeed as large as it is showing on the map.
Chairperson Kondrick stated what service does that wetland serve for the City? Could it be filled with
a couple of hundred trucks of dirt to make it livable and viable home sites in the future, and what
argument would the DNR or another agency have for that being done?
Ms. Stromberg replied, it is on the National Wetland Inventory List. There would need to be a
delineation of it to determine its size and location.
Commissioner Sielaff asked, is it not subject to no net loss?
Commissioner Hansen stated you would have to go through a functions and values review of the
wetland and determine whether credits can be purchased or they would have to step through a wetlands
sequence and process. He does not think necessarily the regulators always look at purely development for
the sake of development as being a reason to fill a wetland.
Chairperson Kondrick stated just that it is such an opportune place to have homes. To have something
other than nothing there.
Commissioner Hansen stated this would be a good site to have an open house and forums. Personally he
would be sad to see the Girl Scout Camp go.
Ms. Stromberg stated she isn't sure if Met Council has a contract with the Girl Scouts to let them use it
for the next years or how long of a time period they have left to use it.
Commissioner Hansen stated that is not what he has heard. He does like the vision of putting trails or a
boardwalk through there. It would be really important to connect that. There is no way to get from that
neighborhood that is north of Mahnomen Park. It is kind of isolated and not connected by any trails.
Ms. Stromberg stated that is what staff is envisioning to allow development of single-family homes on
the northern portion of the land with a connection to the already existing single-family homes. Also
19
Planning Commission Meeting
November 15,2017
Page 9 of 11
create a boardwalk and a walkway around the wetland so it is a feature and an amenity to the
neighborhood. She does note in the City's description that when the City did the Cielo apartment project
and when they did the Columbia Arena project, the City hired the HCI Group to do community vision
meetings. Staff would definitely recommend doing that again here because it is such an opportunity that
the City does not have very often. We want to be able to engage the neighborhood to hear their vision.
Ms. Stromberg stated another example of a redevelopment area is Moon Plaza. It was listed in the last
Comp Plan too. The mall was built in the 1960's and is tired and could use a facelift, like Holly Center,
which is listed as another redevelopment area. It is over parked, there is way more parking than there is
need. The businesses struggle there because it is not easy to access them.
Ms. Stromberg stated then staff decided to add the three parcels to the north, 350 6314 Avenue is
currently vacant. There was an office building there that was removed. A portion of the lot is used for
utility;however staff can see some kind of medical office use maybe redeveloping this area.
Chairperson Kondrick stated it really would be a good site for a major apartment complex. Access
would not be the most critical thing.
Ms. Stromberg stated the church is to the south and Brandes Place to the east and then there is that other
senior living facility at 6200 5th Street. Both are fairly new uses to that neighborhood and seem to be
doing well.
Ms. Stromberg stated last time they had developed the City View Project which would connect
Medtronic Parkway to University Avenue by going through that existing neighborhood with the hope that
57th Avenue could be expanded over the tracks and provide that east/west connection the City is missing.
It would also connect Medtronic employees to all the retail that is over there now.
Ms. Stromberg stated staff is still going with that vision and think it is a good idea. That neighborhood
is a mixture of multi-family and single-family housing and do not see that changing. We need to provide
a better way to get from Highway 65 to University; extending Medtronic Parkway, the boulevard, the
green area,to provide a nice look.
Ms.Stromberg stated that is the last one she decided to highlight for them tonight. Again, she is looking
for the Commission's feedback, questions, comments. This is a draft so if they think of anything tonight
or over the weekend,please send her an e-mail, she'd be happy to hear from them.
Commissioner Hansen asked whether there has been any thought about where the former Godfather's
restaurant is?
Ms. Stromberg replied, it is not on there now,but staff did talk about it at one time. At that time when it
was in a redevelopment area, Taste of Thailand was in, too. Then Taste of Thailand did a bunch of
improvements over the summer and staff decided to remove it. It is a small parcel, but the City has
recently seen development of other small parcels, such as the car wash on Highway 65 and the
development north of the Orthopedic Center is proposed to be developed. The Godfather's parcel could
probably redevelop on its own without the City having to put it in a district, but it is something staff has
thought of for sure.
20
Planning Commission Meeting
November 15,2017
Page 10 of 11
Chairperson Kondrick stated it is tough to plan a master plan opposed to a piecemeal deal. It is hard
because you want to get things going and, at the same time, you would like to have as best of an
organization to the overall property as you can.
Ms. Stromberg stated the City wants its businesses to know that we want them to stay and when
in a redevelopment district, what does that speak to them. Staff has been havin t
such You put
retention visits with the businesses, and we are just trying to be very mindful this time around aboutlthe
areas we are choosing.
Commissioner Schwankl asked, when it comes to Site 22, the Pawn America site, she is curious about
the thoughts on that. She does not know if there is a master lease in place that would limit what retail can
be on that pad.
Ms. Stromberg replied, those properties used to be part of that Target parcel and what makes them hard
to redevelop is they do not have any frontage on a right-of-way. You have to get to them by going
through Target's parking lot which is through an access easement. The other thing that is difficult with
those lots is that they are too small for the zoning district they are in. They are all zoned C-3, General
Shopping, which is what Target is. It fits for Target but not for the others. The best thing she can see
happening there is a rezoning to C-2, General Business, which allows smaller type businesses with a
reduced lot size.
Commissioner Schwankl asked but does Target have its hooks in there? She has seen a lot of leases for
retail sites that are part of the Target family parcel, and they are very restrictive as far as what is allowed
for a 50-year time period.
Ms. Stromberg replied, in this situation, no, there is not one of those. This was one of the first Target
stores built in the metro and that originally building was demolished and has been re-built. Maybe back
when it was originally constructed there were restrictive covenants on the type of periphery developments
around it but there is nothing now prohibiting the type of retail.
Commissioner Schwankl stated she knows that this Pawn America takes
is not
that all Pawn Americas do. It does not sell them, but takes them in. So she wonde swhich
it hassomething a bit of a
reputation and if there is some confusion about that Target.
Ms.Stromberg stated that might explain why the City's police department has such a good program with
the City's pawn businesses. They work well together.
Commissioner Sielaff asked what is the timeline for this?
Ms. Stromberg replied, staff would love to have a fmal copy to the Commission next month, of all the
chapters not just the land use chapter. That might be a tad ambitious, so they might see a portion of it in
December and then another portion in January.
Commissioner Sielaff asked and this is due at the Met Council when?
Ms. Stromberg replied at the end of 2018. However, the City is required to send it to neighboring
jurisdictions and give them six months to comment. That is why they need to get it through the Planning
21
Planning Commission Meeting
November 15,2017
Page 11 of 11
Commission first,then the Council, send it out to neighboring jurisdictions, and then it comes back to the
City for fmal approval.
Commissioner Sielaff asked are they going to have any public meetings then between now and the next
draft?
Ms. Stromberg replied they will have the public hearings at the Planning Commission and the Council.
She thinks the Parks and Recreation Department have seen a few chapters. She is not sure if
Environmental Quality Commission has seen anything yet.
Commissioner Hansen stated they have seen some of the park and trail chapter and they do have some
other things they have gone through for the Comp Plan. As he understands, they have an opportunity to
give staff more feedback before the public hearing in December.
Ms. Stromberg replied,yes.
ADJOURN:
MOTION by Commissioner Sielaff to adjourn. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:57 P.M.
Respectfully submitted,
Denise M.Johnson
Recording Secretary
22
air AGENDA ITEM
Fridley CITY COUNCIL MEETING OF
DECEMBER 11, 2017
Date: December 4,2017
To: Walter T. Wysopal, City Manager
From: Scott Hickok,Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving Final Plat, PS#17-04, Fridley Land LLC
ANALYSIS
The Council will recall on November 13, 2017, Paul Hyde of Fridley Land LLC received preliminary plat
approval for Northern Stacks 4th Addition,which is likely the final plat to allow further redevelopment of the
northern edge of what was 4800 East River Road.
The portion of the property to be 4
replatted for Phase IV will create '_,
(2) new building lots that will be
£r , asp „ves s
addressed as 40 51st WayNE and ., , — �' w,,-, -.__
"
...„7.
60 51St Way NE. 'N',- _ �» a
RECOMMENDATION :; r,° a . . , : . ' VVI.. + .
The Planning Commission held a : ; m
public hearing and approved the 1 >�°1 '" .� ,
f� - - ofir- °
preliminary plat for PS#17-04 on y ?' ,...*.. 'Ma.. x i .. , _ -ug.i,
October 18, 2017. # �,. evt wirrs„a ` ,t
{ate ,
City staff recommends approval of 4 _}
final plat, PS#17-04,and the
attached resolution.
23
RESOLUTION NO. 2017 -
RESOLUTION APPROVING FINAL PLAT,P.S. #17-04 BY FRIDLEY LAND LLC,TO
ALLOW FURTHER REDEVELOPMENT OF THE PROPERTIES GENERALLY
LOCATED NORTH OF THE PROPERTY 4800 EAST RIVER ROAD NE
WHEREAS,the Planning Commission held a public hearing on October 18, 2017, and
recommended approval of said plat; and
WHEREAS,the City Council approved the preliminary plat for NORTHERN STACKS 4TH
ADDITION at their November 14, 2017 meeting; and
WHEREAS,the City Council approved the final plat of NORTHERN STACKS 4TH ADDITION
at their December 11, 2017 meeting; and
WHEREAS, a copy of the final plat NORTHERN STACKS 4Th ADDITION has been attached
as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED,that the City Council approves the Final Plat for
NORTHERN STACKS 4TH ADDITION and directs the petitioner to record the plat at Anoka
County within six months of this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
11TH DAY OF DECEMBER 2017.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
24
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L 26
�j► AGENDA ITEM
Fridley CITY COUNCIL MEETING OF
DECEMBER 11, 2017
•
To: Wally Wysopal, City Manage14/
From: Shelly Peterson, Finance Director
Date: December 6, 2017
Re: Resolution Certifying the Final Tax Levy for 2018 to the County of Anoka
In conformance with Chapter 275.07, Subd. 1, of the Minnesota Statutes, attached is a resolution
certifying the final tax levy requirements to the Anoka County Auditor.
Chapter 275.07, subd. 1, also requires the City to certify its final tax levy requirements to the County
Auditor by December 28, 2017.
The final tax levy for 2018 is $14,807,913, which is the same amount that was set as the preliminary
levy back in September. The 2018 levy is an increase of$685,662 or 4.86%over 2017.
The $14,807,913 is allocated as follows:
General Fund $11,064,632
Capital Project Funds 52,500
Springbrook Nature Center 368,260
Bonded Indebtedness 3,322,521
Total 2018 Levy $14,807,913
Staff recommends the City Council pass the attached resolution certifying the final tax levy for 2018 to
Anoka County. As a reminder the tax levy must be adopted prior to the adopting the final budget.
27
RESOLUTION NO.2017—
A RESOLUTION CERTIFYING FINAL TAX LEVY
REQUIREMENTS FOR 2018 TO THE COUNTY OF ANOKA
WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City
the power to raise money by taxation pursuant to the laws of the State of Minnesota; and
WHEREAS, Minnesota Statute Chapter 275.07, Subd. 1, requires the City to certify its final tax
levy requirements to the County by December 28; and
NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County of
Anoka, State of Minnesota, the following final tax levy to be levied in 2017 for collection in the
year 2018:
GENERAL FUND
General Fund $ 11,064,632
CAPITAL PROJECT FUND
I.S.Capital Project Fund 52,500
MARKET VALUE BASED REFERENDUM LEVY
Springbrook Nature Center $368,260
BONDED INDEBTEDNESS
2010C Special Assessment 70,154
2017A GO CIP Bonds(Civic Campus) 3,019,078
$3,089,232
CERTIFICATES OF INDEBTEDNESS
2010B GO Equipment Certificates(Equip 10&11) 72,503
2012A GO Equipment Certificates(Equip 12&13) 160,786
$233,289
TOTAL ALL FUNDS $ 14,807,913
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
11th DAY OF DECEMBER,2017.
SCOTT J.LUND-MAYOR
ATTEST:
DEBRA A. SKOGEN- CITY CLERK
28
AGENDA ITEM
riwpriefcuelyCITY COUNCIL MEETING OF
DECEMBER 11, 2017
To: Wally Wysopal, City Manage tt
From: Shelly Peterson, Finance Director
Date: December 6, 2017
Re: Resolution Adopting a Budget for 2018 and a Revised Budget for 2017
At the council meeting on November 27,2017, staff presented the proposed budget for 2018 along
with a revised budget for 2018. That agenda item was considered the public meeting for citizens to
publicly comment on the budget. There were no suggested modifications to the budget at that time.
The budget process is a multistep process that started back in the spring with the preparation of the
Capital Improvements Plan(CIP). The Council has participated in budget related conference
meetings throughout the year. In addition,the Council passed a preliminary budget and levy along
with the CIP back at the end of September. The final step in the process is approving the budget.
This budget includes both a 2018 budget along with a revised 2017 budget. The revised 2017 budget
is needed to account for changes in estimates to both revenues and expenditures for various funds.
The budget document is included in the electronic agenda packet. Upon approval, staff will provide
Council a hard copy of the budget document and it will be part of the official record and on file with
the City Clerk's office. The budget, CIP, and annual financial report are available on the City's
website.
Staff recommends approval of the resolution adopting a budget for 2018 and a revised budget for
2017.
29
RESOLUTION NO. 2017-
A RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2018 AND
A REVISED BUDGET FOR THE YEAR 2017
WHEREAS,The City Manager and Finance Director have presented to the City Council a proposed
2018 Budget and a Revised 2017 Budget as stipulated by the City Charter chapter 7,section 4,and
WHEREAS, The City Council has held a public meeting and has concluded the budget as prepared
is appropriate;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the 2018
Budget and the 2017 Revised Budget are hereby approved and adopted with the official copy being
on file with the City Clerk.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
11th DAY OF DECEMBER,2017.
SCOTT J.LUND-MAYOR
ATTEST:
DEBRA A. SKOGEN- CITY CLERK
30
AGENDA ITEM
CITY COUNCIL MEETING OF
FndleY DECEMBER 11, 2017
To: Walter T. Wysopal, City Managerr�''"
From: Debra A. Skogen, City Clerk
Date: November 27,2017`03
Re: Resolution Confirming Statutory Level of Tort Limits
Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must
decide annually whether or not to waive the statutory tort liability limits to the extent of the
coverage purchased. The decision to waive or not waive the statutory limits has the following
effects:
If the City does not waive the statutory tort limits, an individual claimant would be able to
recover no more than $500,000 on any claim to which statutory tort limits apply. The total
which all claimants would be able to recover for a single occurrence to which the statutory tort
limits apply would be limited to $1,500,000
If the City waives the statutory tort limits and does not purchase excess liability coverage, a
single claimant could potentially recover up to $1,500,000 on a single occurrence. The total
which all claimants would be able to recover for a single occurrence to which the statutory tort
limits apply would also be limited to $1,500,000,regardless of the number of claims.
Staff recommends a motion adopting a resolution, as shown in Attachment 1, which does not
waive the monetary limits on municipal tort liability established by Minnesota Statute Section
466.04.
31
RESOLUTION NO.2017-
A RESOLUTION CONFIRMING THE STATUTORY LEVEL OF TORT LIMITS
WHEREAS, the City of Fridley maintains its insurance coverage through the League of
Minnesota Cities Insurance Trust; and
WHEREAS, the League of Minnesota Cities Insurance Trust requires the City Council to
provide direction regarding statutory tort limitations for the City of Fridley; and
WHERAS, under Minnesota Statute Section 466.04 if a city chooses to insure itself for an
amount in excess of the statutory limits provide by state law, it will be deemed to have waived
the protection of those statutory limits to the extent of any increase in the insured coverage
amount; and
WHEREAS, any increased coverage amount will result in an increase in the cost of insurance to
the City; and
WHEREAS, the current statutory limits are a maximum of $500,000 for an individual single
claim, and$1,500,000 for a group of claimants on any single claim; and
WHEREAS, the City of Fridley finds no reasonable basis to extend liability coverage beyond
those amounts provided for under Minnesota Statute Section 466.04; and
WHEREAS,the City of Fridley finds it to be in the best interest to be insured to the full extent of
liability imposed by law,but not beyond those statutory limits.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that it
accepts up to and only to the extent of the statutory tort liability limits as expressly provided
under Minnesota Statute Section 466.04.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
11Th DAY OF DECEMBER 2017.
SCOTT J. LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN- CITY CLERK
32
AGENDA ITEM
7itcuel CITY COUNCIL MEETING OF
DECEMBER 11, 2017
TO: Walter Wysopal, City Manager & PW17-068
FROM: James Kosluchar, Public Works Director
Brandon Brodhag, Civil Engineer
DATE: December 5, 2017
SUBJECT: Approve Change Order No. 1 for Oak Glen Creek Pond Expansion
Project No. 17-446
Attached is Change Order No. 1 for the Oak Glen Creek Pond Expansion Project No. 17-
446.This project provides water quality and flood mitigation for the area near Treehouse
Foods off of Commerce Lane in Fridley. The project is being performed under contract with
Peterson Companies of Chisago City, MN.
The amount of this change order is -$9,390.33. There is no change to the contract
completion date for the project as a result of this change order. Total work included in
Change Order No. 1 for this project would decrease the original contract by -1.3%. A
detailed summary of the changes is attached. Major work activities directed under this
change order include pond grading modifications and Iron Enhanced Sand Filter (IESF)
design revisions.
While constructing the pond expansion, Peterson Companies found some unforeseen
issues while excavating. In the slopes of the pond, debris was found in the first 1 to 3 feet
below top of grade. This debris included pieces of concrete and asphalt. The original plan
was for all of the common excavation to be hauled for a redevelopment site. Once the
debris was found,the redevelopment site denied any debris filled soils coming to their site.
Staff worked with Peterson Companies to come up with an alternate dispensation of this
soil (C1-6, C1-7, C1-8).
Another issue Peterson Companies came across while grading the pond expansion was
high groundwater. The pond slopes sloughed and were unstable so a revised plan was
developed. Our consultant,Wenck Associates, then redesigned the pond to have different
slopes to protect the impact from the high groundwater. This meant that less material was
going to have to be hauled out(C1-2). Though the City would be receiving a credit for less
hauling of soils, Peterson Companies had to rework the slopes that they had already
graded (C1-1, C1-4).
The Iron Enhanced Sand Filter needed to be modified after construction began because it
was found that there was limited cover over the existing sanitary sewer main that was in
the south slope of pond expansion. Wenck Associates redesigned the south slope and
modified the size and location of the IESF to ensure adequate cover over the sanitary
sewer main. These changes affected common excavation, pipes in the IESF and
restoration in the area (C2-1:C2-8,C2-11:C2-15).The other change for IESF was changing
33
the IESF Mix from 5% to 8%. The iron/sand mix is intended to help remove Total
Phosphorus(TP)and Total Suspended Solids(TSS)for water quality. By changing to 8%,
the IESF provides more treatment per unit volume of media and lowers long-term
maintenance costs (C2-9, C2-10).
City staff directed all changes above as necessary to fulfill our project goals and meeting
our standards. All project fund sources remain within the project budget. This project and
change order was accepted by the Anoka Conservation District (ACD) who obtained
$517,780.00 from the state Clean Water Fund program to assist in funding the project.
Staff is recommending that the City Council move to approve Change Order No. 1 for
the Oak Glen Creek Pond Expansion Project No. 17-446 to Peterson Companies in
the amount of-$9,390.33. If approved, the contract amount shall be decreased from
$733,831.50 to $724,441.17.
BJB/bjb
Attachment
34
Public Works Department
Streets•Parka•Water•Sewer•Stormwater•Fleet•Facilities•Engineering
Peterson Companies 12/11/2017
8326 Wyoming Trail
Chlsago City,MN 55013
SUBJECT:Change Order No.1 Oak Glen Creek Pond Expansion Project No.17-446
You are hereby ordered,authorized,and Instructed to modify your contract for the above referenced project by Including the
following items:
ITEM NO. DESCRIPTION UNITS QUANTITY UNIT PRICE COST
C1-1 Pond Survey Alterations LS 1 $ 684.00 $ 684.00
C1-2 Common Excavation Credit CY -5,931 $ 11.80 $ (69,985.80)
C1-3 Incidental Common Excavation CY 5,931 $ 0.97 $ 5,753.07
C1-4 Pond Grading Revisions(T&M) LS 1 $ 12,375.00 $ 12,375.00
C1-5 Weir Alteration Ls 1 $ 370.00 $ 370.00
C1-6 Debris filled soils hauled to City Garage CY 210 $ 8.80 $ 1,848.00
C1-7 Debris filled soils hauled to Stacy,MN CY 728 $ 24.43 $ 17,785.04
CI-8 Credit of Common Debris filled soils CY -938 $ 11.80 $ (11,068.40)
C1-9 Outlet Control Extra Work U 1 $ 2,846.06
C2-1 Mobilization(Iron Enhanced Sand Filter Modifications) $ 2,846.06
00 $ 684.00
C2-2 Common Excavation(Iron Enhanced Sand Filter Modifications) CY 278 $ 1180 $ 3,280.40
C2-3 Muck Excavation(Iron Enhanced Sand Filter Modifications) CY -50 $ 29.50 $ (1,475.00)
C2-4 5"HPDE SDR-11(Iron Enhanced Sand Filter Modifications) IF .4 $ 40.00 $ (160.00)
C2-5 4"PVC Draintile(Iron Enhanced Sand Filter Modifications) LF 15 $ 10.00 $ 150.00
C2-6 6"Slotted PVC(Iron Enhanced Sand Filter Modifications) IF -8 $ 16.00 $ (128.00)
C2-7 Cleanout with vented cap(Iron Enhanced Sand Filter Modifications) EA 2 $ 210.00 $ 420.00
C2-8 10°PVC Draintile(Iron Enhanced Sand Filter Modifications) LF 83 $ 25.00 $ 2,075.00
C2-9 5%IESF Mix(Iron Enhanced Sand Filter Modifications) CY -245 $ 147.00 $ (36,015.00)
02.10 8%IESF Mix(Iron Enhanced Sand Filter Modifications) CY 283.5 $ 206.40 $ 58,514.40
C2-11 Coarse Filter Aggregate(Iron Enhanced Sand Filter Modifications) CY 38.5 $ 62.00 $ 2,387.00
C2-12 45 Mil EPDM Liner(Iron Enhanced Sand Filter Modifications) SF 1,773 $ 1.30 $ 2,304.90
C2-13 MnDOT Seed Mix(Iron Enhanced Sand Filter Modifications) SY -800 $ 1.50 $ (1,200.00)
C2-14 Erosion Control Blanket(Iron Enhanced Sand Filter Modifications) SY -800 $ 1.25 $ (1,000.00)
C2-15 Sediment Control Log(Iron Enhanced Sand Filter Modifications) LF 55 $ 3.00 $ 165.00
CHANGE ORDER NO.1 TOTAL= $ (9,390.33)
Original Contract Amount: $ 733,831.50
Prior Change Orders Approved: $ - 0.0%of Original Contract Amount
This Change Order. $ (9,390.33) -1.3%of Original Contract Amount
Proposed Contract Amount: $ 724,441.17
Submitted and approved by James Kosluchar,Director of Public Works,on the 27th Day of November,2017
James P.Kosluchar,Director of Public Works
Approved and accepted this 6 th day of December 2017 by Peterson Companies i
;Coke,4 Luke Kowarech
Peterson Companies
Approved and accepted this_th day of 2017 by the City of Fridley
Scott Lund,Mayor
Walter T.Wysopal,City Manager
Page 1 of 1
35
AGENDA ITEM
JrJ CITY COUNCIL MEETING OF
DECEMBER 11, 2017
TO: Walter Wysopal, City Manager4e/ PW17-069
FROM: James Kosluchar, Public Works Director
Brandon Brodhag, Civil Engineer
DATE: December 7, 2017
SUBJECT: Approve Change Order 2 for Main St Trail Project ST2015-21
Attached is Change Order No. 2 for the Main St Trail Project ST2015-21. This project provides a
multi-use trail along the west side of Main St from 44th Ave to 57th Ave, including a new pedestrian
bridge over Interstate 694. This project is being performed under a contract with S.M. Hentges &
Sons, Inc., of Jordan, MN.
The amount of this change order is$80,883.28. There is no change to the contract completion date
for the project as a result of this change order.Total work included in Change Order 2 for this project
would increase the original contract by 4.3%. The cumulative increase with Change Order 1 would
increase the original contract by 5.6%. This amount of additional work was required due to the
following:
1. During construction the Engineer determined new gates were required at the 5400 Main
Street Property due to unforeseen encroachments by the trail. In addition, black vinyl chain
link was required for this property to match the existing condition.This work included 3 large
vehicular gates,700 LF of vinyl fence and remobilization of the crew and equipment.The net
resulting change in price is an addition of$10,106.95.
2. Project design was completed during the winter season. Location of existing sprinkler
systems was difficult due to snow cover during the survey and subsequent design. During
construction, the extents of the sprinkler systems were identified and the systems were
repaired or reconstructed.There were 9 properties that had irrigation systems.These large
systems needed a magnitude of modifications that included work on main lines, pipes,
heads and valves, which staff believed that the property owners should have been held
responsible for these modifications. The work was completed by the contractor on a time
and materials basis. The net resulting change in price is an addition of$51,619.08.
3. The Statement of Estimated Quantities designates Common Excavation as a Plan Quantity
Item of 5,350 cubic yards.The engineer has determined the limits of common excavation at
the 45th Avenue Pond have been reduced.The net resulting change in price is a reduction of
$10,725.00.
Staff is recommending that the City Council move to approve Change Order No.2 for the Main St
Trail Project ST2015-21 in the amount of$80,883.28 to S.M. Hentges &Sons, Inc.
If approved, the contract amount shall be increased from $1,906,281.43 to $1,987,164.71.
BJB/bjb
Attachment
36
rej
Public Works Department
Streets•Parks•Water•Sewer•Stormwater•Fleet•Facilities•Engineering
S.M.Hentges&Sons,Inc. 12/11/2017
650 Quaker Ave
Jordan,MN 55352
SUBJECT:Change Order No.2 Main St Trail Project ST2015-21
You are hereby ordered,authorized,and instructed to modify your contract for the above referenced project by
including the following items:
ITEM NO DESCRIPTION UNITS QUANTITY UNIT PRICE COST
1 Fence Revisions LS 1 $ 39,989.20 $ 39,989.20
2 Irrigation Repairs LS 1 $ 51,619.08 $ 51,619.08
3 Common Excavation CY -715 $ 15.00 $ (10,725.00)
$
$
$
$
$
$
$
$
$
$
$
CHANGE ORDER NO.2 TOTAL= $ 80,883.28
Original Contract Amount: $ 1,882,486.05
Prior Change Orders Approved $ 23,795.38 1.3%of Original Contract Amount
This Change Order: $ 80,883.28 4.3%of Original Contract Amount
Proposed Contract Amount: $ 1,987,164.71
Submitted and approved by James Kosluchar,Director of Public Works,on the 11th Day of December,2017
James P.Kosluchar,Director of Public Works
Approved and accepted this th day of ,2017 by S.M.Hentges&Sons,Inc.
S.M.Hentges&Sons,Inc.
Approved and accepted this th day of ,2017 by the City of Fridley
Scott Lund,Mayor
Walter T.Wysopal,City Manager
Page 1 of 1
37
rr AGENDA ITEM
77,Ley COUNCIL MEETING OF DECEMBER 11, 2017
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62
AGENDA ITEM
FridleyCITY COUNCIL MEETING OF
DECEMBER 11, 2017
DATE: December 5,2017
TO: Walter T.Wysopal, City Managers
FROM: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
SUBJECT: Public Hearing for Text Amendment,TA#17-02 to amend Chapter 205.30 0-5,
Telecommunications and Towers
BACKGROUND
In October 2016,the Planning Commission and City Council approved changes to City Code Chapter
205.30 Telecommunications and Towers to allow small cell technology within the right-of-way provided
certain conditions could be met. The City was proactive by creating its own set of regulations because
we were getting requests from telecommunication users to locate their equipment in the right-of-way,
which wasn't allowed at the time.
The wireless telecommunications industry has since lobbied for legislation to make it easier for them to
deploy their facilities within the public right-of-way as quickly and inexpensively as possible. As a result,
the Legislature has created standard regulations for Cities that address small wireless facilities(what the
City had defined as DAS in its ordinance) in state law and there are limits on local governments' abilities
to regulate them.
Specifically,the ordinance has to be revised for the following reasons:
• New definitions. Small wireless facilities are now defined in statute. Previously,there was no
universal definition of small wireless facilities and the City developed its own definition. The
ordinance needs to be updated to reflect this universal definition of small wireless facilities and
to include other new definitions created by the legislation.
• Land use issues. The legislation makes all small wireless facilities in non-residential districts
permitted uses and allows cities to make small wireless facilities in residential districts special
uses. City staff has developed further criteria for both permitted and special uses and
separated the provisions for non-residential and residential installations.
• Collocation Issues. The legislation allows installation of small wireless facilities on City utility
poles and places restrictions on the amount of rent and other fees that cities may imposed
upon the small wireless facilities operators. The ordinance needed to reflect this right and the
rental and fee limitations.
• A process for handling applications for small wireless facilities. The legislature created a unique
application processing scheme that permits multiple installations to be included on a single
63
application,as well as a special timeline for processing these applications that needed to be
included in the City's ordinance.
As a reminder:
• This technology will be allowed through the issuance of a City right-of-way permit and/or a
building permit.
• Small wireless facilities are needed in areas where there is a high coverage need (Shopping
Malls, Hospitals, at high traffic intersections)or at a large geographic area that have poor cell
coverage. This technology works directly with the large cell towers to provide the service that
customers today are demanding.
As part of this text amendment, Chapter 11 Fees also needs to be amended to reflect a fee that will be
charged to permit the small wireless facilities in a Single Family zoning district. Facilities in this zoning
district will be required to go through a Special Use Permit process and as a result,the$1,500.00 fee
that is charged for Special Use Permits will also apply to this type of permit.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed this item at their November 15,2017 meeting. After brief
discussion the Commission unanimously recommended approval of the ordinance amendment as
proposed.
No comments from the public were received regarding this item. A public hearing notice was published
in the Sun Focus Paper on November 3`d and December ft, 2017.
STAFF RECOMMENDATION
City staff recommends that the Council hold the public hearing for Text Amendment,TA#17-02 on
December 11 as advertised.
64
y, AGENDA ITEM
`'�°f CITY COUNCIL MEETING OF
Fridley
DECEMBER 11, 2017
Date: December 5,2017
To: Walter T. Wysopal, City Manager
From: Scott Hickok,Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: 1st Reading for Text Amendment,TA#17-02 to amend Chapter 205.30 0-5,
Telecommunications and Towers and Chapter 11 Fees
BACKGROUND
Due to the wireless telecommunications industry lobbying for legislation to make it easier for them to
deploy their facilities within the public right-of-way as quickly and inexpensively as possible,City staff along
with the City Attorney have prepared the attached amendment to the Telecommunications and Towers
code.
As part of the new legislation,City's need to approve a collocation agreement to allow the installation of
small wireless facilities on private or public utility poles within the right-of-way. This agreement is also on
the Council's agenda tonight. As a result,staff is asking for the Public Hearing and 1st Reading on this text
amendment to occur at the same City Council meeting.
As part of this text amendment,Chapter 11 Fees also needs to be amended to reflect a fee that will be
charged to permit the small wireless facilities in a Single Family zoning district. Facilities in this zoning
district will be required to go through a Special Use Permit process and as a result,the$1,500.00 fee that is
charged for Special Use Permits will also apply to this type of permit.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed this item at their November 15,2017 meeting. After brief discussion
the Commission unanimously recommended approval of the ordinance amendment as proposed.
No comments from the public were received regarding this item. A public hearing notice was published in
the Sun Focus Paper on November 3rd and December 1st, 2017.
STAFF RECOMMENDATION
City staff recommends concurrence with the Planning Commission and that the Council hold the first
reading of the ordinance for Chapter 205.30 Telecommunications and Towers and Chapter 11 Fees on
December 11, 2017. The second reading is scheduled for December 18,2017, unless otherwise directed by
Council.
65
CITY OF FRIDLEY
ANOKA COUNTY,MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE SECTION 205.30. 0-5
TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT TO CONFORM
TO RECENT LEGISLATIVE ENACTMENTS RELATED TO
SMALL WIRELESS DEPLOYMENT
The Fridley City Council hereby finds after review, examination and recommendation of staff that
Chapter 205.30 related to 0-5 Telecommunications Towers and Facilities District and Chapter 11.01
related to Fees be hereby amended and ordains as follows:
SECTION I: That Chapter 205.30 be hereby amended as follows:
FRIDLEY ZONING CODE
CHAPTER 205.30. 0-5 TELECOMMUNICATIONS TOWERS AND FACILITIES
DISTRICT
City Code Chapter 205.30 of the Code of Ordinances (hereafter"this Code") is hereby amended
to read as follows:
205.30.1. PURPOSE AND INTENT
The general purpose of this Section is to create an overlay zone to regulate the placement,
construction, and modification of towers and wireless telecommunications facilities as well as
regulate placement, construction and operation of distributed antenna systems in the public right-
of-way in order to protect the health, safety, and welfare of the public,while at the same time not
unreasonably interfering with the development of the competitive wireless telecommunications
marketplace in the City.
Specifically,the purposes of this Section are:
A. To protect residential areas and land uses from potential adverse impact of towers and
wireless telecommunications facilities;
B. To minimize adverse visual impact of towers and wireless telecommunications facilities
through careful design, siting, landscaping, and innovative camouflaging techniques;
C. To promote and encourage shared use/collection of towers and existing antenna support
structures as a primary option rather than construction of additional single-use Towers in
order to minimize the adverse visual impact of towers and wireless telecommunications
Facilities;
D. To avoid potential damage to property caused by towers and wireless telecommunications
facilities by ensuring that such structures are soundly and carefully designed, constructed,
66
modified,maintained, located, and removed when no longer used or determined to be
structurally unsound;
E. To ensure that towers and wireless telecommunications facilities are compatible with
surrounding land uses;
F. To facilitate the provision of wireless telecommunications services to the residents and
businesses of the City in a streamlined, orderly, and efficient fashion;
G. To encourage the location of towers in industrial and business districts,rather than residential
areas;
H. To enhance the ability of providers of telecommunication services to provide such services to
the community quickly, effectively, and efficiently;
I. To identify specific sites within the City where wireless telecommunications facilities may be
located. J. To serve the growing demand for telecommunications services through placement
of distributed antenna systems (DAS) small wireless facilities in the public right-of-way.
205.30.2.DEFINITIONS
The following words,terms, and phrases, when used in this section, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning;
"Antenna Support Structure"means any building or other structure other than a tower which can
be used for location of wireless telecommunications facilities.
"Applicant"means any Person that applies for a permit for wireless telecommunication facilities
or towers, automatic meter reading devices or small wireless facilities DAS.
"Application"means the process by which a person submits a request to develop, construct,
build,modify, or erect wireless telecommunication facilities or a tower upon land within the
City, develop, construct, build, modify, or erect an automatic meter reading system within the
City; or develop, construct, build,modify,or erect small wireless facilitiesDAS within the public
right-of-way. Application includes all written documentation,verbal statements and
representations, in whatever form or forum, made by an applicant to the City concerning such a
request.
"Approved Site"means a site which has been approved by the City Council as an eligible
location for placement of wireless communication facilities.
"Automatic Meter Reading device"means a device which is designed for collecting, storing,
processing, filtering and forwarding utility meter data within the public safety and utility
bandwidth licensed by Federal Communications commission, including any antenna attached to
such device and excluding devices reading and transmitting data from a single utility meter.
67
"Automatic Meter Reading system"means a series of devices which is designed for collecting,
storing,processing, filtering and forwarding utility meter data within the public safety and utility
bandwidth licensed by Federal Communications Commission,including any antenna attached to
such device.
"City"means the City of Fridley,Minnesota.
"Collocate"or "Collocation"means to install,mount,maintain, modify, operate, or replace a
small wireless facility on,under, within, or adjacent to an existing wireless support structure that
is owned privately or by a local government unit.
"Electrical Engineer"means an electrical engineer licensed by the State of Minnesota.
antennas. Also referred to as DAS or"small cell".
"Existing Site"means a tower or antenna support structure installed or erected prior to
December 18, 1997, and which is not located on an approved site.
"Micro Wireless Facility"means a small wireless facility that is no larger than twenty-four(24)
inches long, fifteen (15) inches wide, and twelve(12) inches high,and whose exterior antenna, if
any, is no longer than eleven(11) inches.
"Local Government Unit"means a county,home rule charter or statutory city,town, or the
Metropolitan Council.
"Owner"means any Person with fee simple title to any approved site, existing site, site
approved by special use permit, or wireless telecommunications facility.
"Pad Mount Device"means a devisee which is designed for collecting, storing,processing,
filtering and forwarding utility meter data within the public safety and utility bandwidth licensed
by Federal Communications Commission, including any antenna attached to such device like the
automatic meter reading device;but;which is installed on its own pedestal and not on an existing
public utility structure.
"Person" is any natural person, firm,partnership, association,corporation, company, or other
legal entity,private or public,whether for profit or not for profit.
68
"Satellite Earth Station Antenna"is all equipment necessary for processing of traffic received
from terrestrial distributions prior to transmission via satellite and of traffic received from the
satellite prior to transfer of channels of communication to terrestrial distribution systems.
"Small wireless facility"means(1) a wireless facility that meets both of the following
qualifications: (i)each antenna is located inside an enclosure of no more than six (6)cubic feet in
volume or, in the case of an antenna that has exposed elements,the antenna and all its exposed
elements could fit within an enclosure of no more than six(6) cubic feet; and(ii) all other
wireless equipment associated with the small wireless facility, excluding electric meters,
concealment elements,telecommunications demarcation boxes,batter backup power systems,
grounding equipment,power transfer switches, cutoff switches, cable, conduit,vertical cable
runs for the connection of power and other services, and any equipment concealed from public
view within or behind an existing structure or concealment, is in aggregate no more than twenty-
eight(28)cubic feet in volume; or(2)a micro wireless facility.
"State"means the State of Minnesota.
"Structural Engineer"meaFns a structural engineer licensed by the State of Minnesota.
"Telecommunications Right-of-Way User"means a person owning or controlling a facility in the
public right-of-way, or seeking to own or control a facility in the public right-of-way,that is used
or is intended to be used for providing wireless service, or transporting telecommunication or
other voice or data information. A cable communication system defined and regulated under
Minn. Stat. Chapter 238, and telecommunications activities related to providing natural gas or
electric energy services whether provided by a public utility as defined in Minn. Stat. §216B.02,
a municipality, a municipal gas or power agency organized under Minn. Stat. Chapters 453 or
453A,or a cooperative electric association organized under Minn. Stat. Chapter 308A, are not
telecommunications right-of-way users for the purposes of this Chapter and Minn. Stat. §
237.163, except to the extent these entities are offering wireless services.
"Toll"means to stop the running of a relevant time period, such as a review period.
"Tower"Means a self-supporting lattice, guyed, or monopole structure constructed from grade
which supports wireless telecommunications facilities. The term"tower" shall not include
amateur radio operator's equipment as licensed by the FCC. Lattice or guyed structures are
prohibited.
"Utility Pole"means a pole that issued in whole or in part to facilitate telecommunications or
electric service.
"Wireless Backhaul Facility"means a facility used to transport communications data by wire
from a wireless facility to a communications network.
"Wireless Facility"means equipment at a fixed location that enables the provision of wireless
services between user equipment and a wireless service network, including: (1) equipment
associated with wireless service; (2)a radio transceiver, antenna, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment,regardless of technological
69
configuration; and(3) a small wireless facility. "Wireless facility"does not include the
following: wireless support structures, wireline backhaul facilities; or coaxial or fiber-optic
cables between utility poles or wireless support structures or that are not otherwise immediately
adjacent to or directly associated with a specific antenna.
"Wireless Service"means any service using licensed or unlicensed wireless spectrum, including
the use of Wi-Fi,whether at a fixed location or by means of a mobile device,that is provided
using wireless facilities. Wireless service does not include services regulated under Title VI of
the Communications Act of 1934, as amended, including a cable service under United States
Code,title 47, section 522, clause (6).
"Wireless Support Structure"means a new or existing structure in a public right-of-way
designed to support or capable of supporting small wireless facilities,as reasonably determined
by a local government unit.
"Wireless Telecommunications Facilities"means any cables,wires, lines, wave guides,
antennas, and any other equipment or facilities associated with the transmission or reception of
communications(other than radio or television broadcast communications)which a person seeks
to locate or have installed upon or near a tower or an antenna support structure. However, the
term wireless telecommunications facilities shall not include:
A. Any satellite earth station antenna two meters in diameter or less which is located in an area
zoned industrial or commercial; and
B. Any satellite earth station reception antenna one meter or less in diameter, regardless of
zoning category; aad
C. Automatic meter reading systems:;and
D. '• - . - =- - • - " • - Small wireless facilities.
205.30.3. NON-CONFORMING USES
A. Existing sites shall be considered a legal non-confirming use, unless otherwise provided for
in this Chapter.
B. Installation of additional wireless telecommunications facilities beyond those in existence on
December 18, 1997, on existing sites is prohibited. Failure to comply with this provision will be
considered a violation of this Chapter and subject to the penalties described herein. Routine
maintenance of wireless telecommunications facilities on Existing Sites is permitted, except that
existing sites and any wireless telecommunications facilities installed on existing sites may not
increase in size,height, weight, or otherwise result in an increase in the intensity of the non-
conforming use.
C. If any wireless telecommunications facilities in an existing site are abandoned for a period of
one year, such existing site shall lose is legal conforming status and shall be considered an illegal
70
nonconforming use. The abandoned wireless telecommunications facilities shall not be re-
established on the site, and must be removed within twelve(12)months of the cessation of
operations. If not removed,the city may remove the facility and assess the costs of removal
against the Owner(s), according to the procedures established in Chapter 128 of the City Code.
205.30.4. DISTRICT BOUNDARIES FOR OVERLAY ZONE
A Telecommunications Towers and Facilities District, 0-5, is created and shall apply to all land
within the City subject to the provisions and use requirements contained in this Section.
205.30.5. USES PERMITTED
A. The construction of towers and the installation, operation and maintenance of wireless
telecommunications facilities shall be permitted use in the approved sites identified on Appendix
A to this Ordinance, subject to the provisions of this Chapter. Additional approved sites may be
approved by the City Council, subject to the amendment procedures set forth in Section
205.05.04 of the City code, and the requirements of this section.
B. All principal, special use, and accessory uses allowed in each underlying primary zoning
district are permitted in the telecommunications towers and facilities district, except that no
towers shall be constructed, and no wireless telecommunications facilities shall be placed on
towers or antenna support structures, except as provided for in this Chapter.
C. Special Uses. The construction of towers and the installation, operation, and maintenance of
wireless telecommunications facilities shall be a special use in Zoning districts M-1, M-2, M-3,
and M-4, and any abutting railroad rights-of-way.
D. Automatic Meter Reading System Performance Standards. All automatic meter reading
systems must meet the following performance standards:
(1)All automatic meter reading devices located in the public right-of-way, must obtain an
automatic meter reading device permit and pay the appropriate permit fee, as provided for in
Chapter 407 and Chapter 11 of the City Code. This permit requirement does not apply to
individual meters or mobile automatic reading devices.
(2)Mapping information for the site(s)must be provided with the automatic meter reading
device permit application in a format compatible to be utilized by the City of Fridley's
Geographic Information System(GIS).
(3)All automatic meter reading device(s)must be located no higher than the top of a public
utility structure and no closer to grade than fifteen(15)feet.
(4)Automatic meter reading devices not installed on a public utility structure will be considered
as pad mount design. Its location shall be subject to review and approval of the City prior to
automatic meter reading device permit application.
(5)All automatic meter reading devices must be the same color as the public utility structure on
which they are located or as approved by City Staff.
E. Small Wireless Facilities in the Public Right of Way Performance Standards in Underlying
Non-Residential Districts. L'• .4:. . z•: - . . - - ' - - .. -- - ., .:. . . All small
wireless facility DAS operators and small wireless facilities DAS are permitted uses in all non-
71
residential underlying zoning districts within the public right-of-way and shall meet the
following criteria and performance standards:
(1) The small wireless facility DAS shall only be located on an
s ctureutility pole or wireless support structure, excluding stop lights.
a. Ike pub"" utility str ctu..o- utility pole or wireless support structure be-replaeed-te
stFuctufally-accommodatinge the small wireless facility DAS,
shall not exceed fifty(50) feet in height. , - - . .. : . . . •- . • •- , - _ .• -
. - , ., ! ._ _ - . e _ , - . . . . . _ - • - -
(2) The City may prohibit small wireless facilityDAS attachment to decorative public utility
structures.
(3) There shall be no interference with public safety communication or with the original use of
the public utility str eutility pole.
(4) The small wireless facility DAS shall not block light emanating from the
s ructureutility pole.
(5) If the small wireless facilityDAs is to be attached to a City-owned public-utility
stmetufeutility pole or wireless support structure,the applicant shall pay a rental fee to the City
pursuant to the City's standard Collocation Agreement .
(6) The small wireless facility DAS shall,to the greatest extent possible match the
stmetufeutility pole or wireless support structure in color,material and design and the small
wireless facilityDAS design shall,to the greatest extent possible minimize exposed cables, wires
and other attachment hardware.
(7) The small wireless facilityDAS shall not extend above the top of the existing
stmetufeutility pole by more than ten(10)feet and the maximum height of the twisting-public
utilitystructureutility pole or wireless support structure shall net be fifty(50) feetinsr-eased-in
(8) The small wireless facilityDAS shall be no larger than six (6)three(3)cubic feet and-wave
(9) The small wireless facilityDAS shall not extend outward from the utility structure by more
than three (3)feet.
(10)Unless otherwise agreed in a franchise or other agreement between the right-of-way user
and the city, small wireless facilities in the right-of-way must be located or relocated and
maintained underground in accordance and compliance with any requirements set forth in the
right-of-way permit and City Code Chapter 407, Rights of Way Management.Tere Ghat be no
gr-eund-equipment
72
(11) The small wireless facilityDAS applicant shall provide evidence that the p
structureutility pole or wireless support structure has adequate structural capacity to carry the
additional equipment proposed.
(12) The small wireless facility DAS applicant must agree that the small wireless facilityDAS or
any component of the small wireless facilityDAS equipment stere-shall be removed and
relocated in compliance with any requirements set forth in the right-of-way permit and City Code
Chapter 407,Rights of Way Management, : . _ : '_:. ' _ _ - _ . . . - ._ -
the City, if the City or road authority for the public right-of-way in which it is located requires
removal or and relocation of the utility pole for a public project.
(13)The small wireless facility DAS applicant shall submit in writing to the City,written
approval from the utility pole or wireless support structure owner, if not
the City, for which the small wireless facilityDAS will be attached to.
(14) The small wireless facilityDAS applicant shall obtain any and all permits and approvals
from road authority for the public right-of-way in which is small wireless facilityDAS is located.
(15) The small wireless facilityDAS applicant must be a telecommunications right-of-way user
as defined in Minn. Stat. § 237.162, Subd. 4.
(16) The small wireless facilityDAS applicant shall obtain a right-of-way permit from the City's
engineering department and comply with any requirements set forth in the right-of-way permit
and City Code Chapter 407,Rights of Way Management.
(17) A small wireless structure shall be at least 900 feet in distance from any other small wireless
structure.
(18)All small wireless structures and small wireless facilities shall be installed 2 feet from the
edge of any trail, sidewalk, or pedestrian way so as not to obstruct or impede the trail, sidewalk
or pedestrian way.
(19)The small wireless facility shall at least 12 feet above the ground.
( 2O)The small wireless facilityDAS applicant shall comply with all applicable local, state, and
federal ordinances, statutes and regulations.
F. Small Wireless Facility Performance Standards in the Public Right of Way in Underlying
Residential Districts. All small wireless facility operators and small wireless facilities are special
uses in all underlying residential districts within the public right-of-way and shall meet the
following criteria and performance standards:
(1) The small wireless facility shall only be located on a utilitypole or wireless support structure,
excluding stop lights.
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a. The-utility pole or wireless support structure accommodating the small wireless facility
shall not exceed fifty(50)feet in height.
(2)The City may prohibit small wireless facilityDAS attachment to decorative public utility
structures.
(3) There shall be no interference with public safety communication or with the original use of
the utility pole.
(4)The small wireless facility DAS shall not block light emanating from the utility pole.
(5)If the small wireless facilityDAS is to be attached to a City-owned utility pole or wireless
support structure,the applicant shall pay a rental fee to the City pursuant to the City's standard
Collocation Agreement .
(6)The small wireless facility shall,to the greatest extent possible match the utility pole or
wireless support structure in color,material and design and the small wireless facilityDAS design
shall,to the greatest extent possible minimize exposed cables, wires and other attachment
hardware.
(7)The small wireless facility shall not extend above the top of the existing utility pole by more
than ten(10)feet and the maximum height of the utility pole or wireless support structure shall
net be fifty (50)feet.
(8)The small wireless facility shall be no larger than six (6)-cubic feet.
(9)The small wireless facility-shall not extend outward from the utility structure by more than
three (3) feet.
(10) Unless otherwise agreed in a franchise or other agreement between the right-of-way user
and the city, small wireless facilities in the right-of-way must be located or relocated and
maintained underground in accordance and compliance with any requirements set forth in the
right-of-way permit and City Code Chapter 407, Rights of Way Management.
(11) The small wireless facilityapplicant shall provide evidence that the utility pole or wireless
support structure has adequate structural capacity to carry the additional equipment proposed.
(12)The small wireless facility applicant must agree that the small wireless facility or any
component of the small wireless facility equipment shall be removed and relocated in
compliance with any requirements set forth in the right-of-way permit and City Code Chapter
407, Rights of Way Management, if the City or road authority for the public right-of-way in
which it is located requires removal or and relocation of the utility pole for a public project.
(13) The small wireless facility applicant shall submit in writing to the City, written approval
from the utility pole or wireless support structure owner, if not the City, for which the small
wireless facility will be attached to.
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(14) The small wireless facility applicant shall obtain any and all permits and approvals from
road authority for the public right-of-way in which is small wireless facility is located.
(15) The small wireless facility applicant must be a telecommunications right-of-way user as
defined in Minn. Stat. § 237.162, Subd. 4.
(16) The small wireless facility applicant shall obtain a right-of-way permit from the City's
engineering department and comply with any requirements set forth in the right-of-way permit
and City Code Chapter 407,Rights of Way Management.
(17)A small wireless structure shall be at least 900 feet in distance from any other small wireless
structure.
(18)All small wireless structures and small wireless facilities shall be installed 2 feet from the
edge of any trail, sidewalk, or pedestrian way so as not to obstruct or impede the trail, sidewalk
or pedestrian way.
(19)The small wireless facility shall at least 12 feet above the ground.
(20)The small wireless facility shall be installed at the residential lot's corner in the right of
way.
(21) The small wireless facility applicant shall comply with all applicable local, state, and federal
ordinances, statutes and regulations.
205.30.6. CRITERIA FOR ADDING APPROVED SITES TO APPENDIX A
Additional approved sites, other than those provided in Appendix A to this Ordinance, shall be
approved by the City Council according to the amendment procedures of Section 205.05.04 of
the City code. The criteria used to determine whether a site shall be designated as an approved
site shall include,but not be limited to,the following requirements:
A. Whether the proposed new site is capable of being developed to support more than two
operating wireless telecommunications facilities comparable to the others in weight, size, and
surface area.
B. Whether the proposed new site poses a risk of explosion, fire, or other danger due to its
proximity to volatile, flammable,explosive, or hazardous materials such as LP gas,propane,
gasoline,natural gas, or corrosive or other dangerous chemicals; and
C. Whether the proposed new site is necessary and that useable approved sites are not located
within a one-half(1/2)mile radius of the proposed new site; and
D. Whether all foreseeable telecommunications uses of the proposed site could comply with any
separation and buffer requirements of the underlying zoning district;
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E. Whether all foreseeable telecommunications uses of the proposed new site could comply
with the setback requirements of the underlying zoning district; and
F. Whether the proposed site is accessible for service vehicles;
G. If applicable,whether the proposed site has been designed and certified by a structural
engineer to be structurally sound and, at minimum, in conformance with the Building and
Electric Codes adopted by the City,the National Electric Safety Code, and any other
standards and requirements outlined in this Section.
H. If applicable,whether the approved site complies with all applicable Federal Aviation
Administration lighting and painting regulations.
I. Whether the proposed site will further the City's objective that all towers, antenna support
structures, and wireless telecommunications facilities be designed to blend into the
surrounding environment.
J. Whether the proposed site has adequate open space to allow wireless telecommunications
facilities to be installed without detrimentally impacting landscape,displacing parking, or
impeding sight lines of a current or future principal use.
K. Whether the proposed site adequately contributed to the City's overall effort to adequately
meet the needs of the wireless telecommunications industry.
L. Whether the proposed site has amenities such as trees that will allow screening and sight line
relief. If not, whether the combination of site size and other site features help to provide sight
line relief.
M. Whether there are other structures near the proposed site that can serve as visual distractions
such as high power transmission structures,highway shoring,billboards.
N. Whether there are existing buildings or natural topographic features that meet the height
requirements of wireless telecommunications facilities without a tower structure, or which
allow for a lower overall height of any necessary Tower.
0. Whether there is adequate space on the proposed site so that the base of any necessary Tower
can accommodate essential equipment.
P. Whether the proposed site is outside of any underlying residential zoning districts.
Q. Whether housed equipment can be placed on top or on the side of a structure that currently
exists in the proposed site.
205.30.7. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS
TELECOMMUNICATIONS FACILITIES ON APPROVED SITES IN THE CITY.
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A. All persons seeking to install,operate and maintain towers wireless telecommunications
facilities in approved sites in the city must file a telecommunication site permit application with
the City which shall include:
(1) The names, address,and telephone number of the Applicant;and
(2) Written,technical evidence from a qualified and licensed structural engineer that the
proposed tower or antenna support structure is capable of supporting the equipment necessary to
install,operate, and maintain the proposed antenna. The engineer shall also certify the capability
of the tower to provide adequate structural support considering existing or other proposed
antenna installations. The engineer shall also assess and state the design safety margin of the
entire antenna support system. The engineer shall state that within the limits of engineering
certainty,if the structure would fall or collapse for any reason or due to any event,the structure
will be completely contained within the area identified; and
(3) If proposed on a City-owned site, a completed application form for lease approval as
provided by the City; and
(4)A report from a qualified and licensed professional engineer which described the height and
design of the proposed wireless telecommunications facility including a cross-section and
elevation; and
(5)A scalable site plan drawn at an engineering scale showing the location of the wireless
telecommunications facility in relation to surrounding structures; and
(6)If located on a water tower, a written report addressing the requirements contained herein for
water towers; and
(7)Foundation,cross-section, and building plans for installation of the wireless
telecommunications facility; and
(8)An application fee as required by Chapter 11; and
(9)The application shall also contain an affirmative statement indicating that the applicant
agrees to comply with the provisions in Section 205.30.25. regarding abandonment; and
(10)No new or existing wireless telecommunications service will interfere with public safety
telecommunications. Before the introduction of new service or before implementing any change
in existing service, all wireless telecommunications service providers shall notify the City at least
ten(10) calendar days in advance of such changes and allow the City to monitor interference
levels during the testing process; and
(11)Application for a building permit from the City pursuant to Chapter 206 of the code; and
(12)A statement as to whether the proposed development of an approved Site is capable of being
developed to support more than two (2) operating wireless telecommunications facilities
comparable to the others in weight, size, and surface area; and
(13)Written,technical evidence from an independent consulting engineer licensed to practice
geological engineering in the State of Minnesota confirming that the soil at the location of the
tower or wireless telecommunication facility is capable of supporting the proposed antenna
arrays, equipment, and personnel performing typical work functions; and
(14)A landscaping plan showing location of materials,height at planting,types of materials, and
installation practices.
B. All persons seeking to install, operate, and maintain towers or wireless telecommunications
facilities in M-1, M-2, M-3, or M-4 Zoning Districts as a special use permit shall submit the
information required in 205.30.07.A,except items(3)and(11).
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205.30.8.APPLICATION FOR AN AUTOMATIC METER READING DEVICE IN THE
CITY
All persons seeking to install, operate and maintain automatic meter reading systems in the City
must file an application with the City,which shall include:
A. The name, address and telephone number of the applicant and property owner; and
B. Written,technical evidence from a qualified Structural Engineer that the integrity of the
structure on which a proposed automatic reading devise(s)will be attached and the attachment
devise itself will not jeopardize the structural integrity of the public utility structure; and
C. A location plan matching the public utility structure identification(address) and the
appropriate automatic meter reading device; and
D. An individual automatic meter reading device permit fee as required by Chapter 11; and
E. The application shall contain an affirmative statement indicating that the applicant agrees to
comply with the provisions in section 205.301112.25. regarding abandonment; and
F. No automatic meter reading system will interfere with public safety telecommunications.
Before the introduction of new service or before implementing any change in existing service, all
automatic meter reading system operators shall notify the City at least ten(10) calendar days in
advance of such changes and allow the City to monitor interference levels during the testing
process.
205.30.9. APPLICATION FOR PLACEMENT OF SMALL WIRELESS FACILITIES
_ •_ : _ - • . _ _ .., . A! . _ IN THE RIGHT-OF-WAY
A. All persons seeking to install, operate and maintain small wireless facilities domed
within the right-of-way within the City must file a right-of-way
permit application with the City that, in addition to any other requirements set forth in City Code
Chapter 407, includes:
(1) The names, address, and telephone number of the right-of-way permit applicant; and
(2)Written technical evidence from a qualified and licensed structural engineer that the proposed
DAS small wireless facilities utility pole or wireless support structure is
capable of supporting the equipment necessary to install, operate and maintain the DAS small
wireless facility. The engineer shall also certify the capability of the utility
pole or wireless support structure to provide the adequate support needed considering the
existing or other proposed equipment installations. The engineer shall also assess and state the
design safety margin of the entire utility pole or wireless support structure
and small wireless facilityDAS. The engineer shall state that within the limits of engineering
certainty, if the utility pole or wireless support structure would fall or
collapse for any reason due to any event,the utility pole or wireless
support structure will be completely contained within the area identified; and
(3)A completed right-of-way permit application form as provided by the City; and
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(4)A report from a qualified and licensed professional engineer which described the height and
design of the proposed small cell wireless facilityDAS including a cross-section and elevation;
and
(5)A scalable site plan drawn at an engineering scale showing the location of the small cell
wireless facilityDAS in relation to the surrounding structures; and
(6)Foundation, cross-section, and building plans for installation of the small cell wireless
facilityDAS; and
(7)A right-of-way application and fee as required by Chapter 11; and
(8)A building permit application and fee pursuant to Chapter 206;
(9)An escrow fee as set forth in Chapter 11 to be held and utilized in the event the small cell
wireless facilityDAS is abandoned without removal by the applicant and
(10) The right-of-way application shall contain an affirmative statement indicating that the
applicant agrees to comply with the provisions of 205.30.5.E for small cell wireless facilityDAS
performance standards and 206.30.25 for abandonment.
(11) Written,technical evidence from an independent consulting engineer licensed to practice
geological engineering in the State of Minnesota confirming that the soil at the location of the
DASsmall wireless facilityis capable of supporting the utility pole or
wireless support structure to which the small cell wireless facilityDAS will be attached.
(12)Documentation that the DASsmall wireless facility has applied for and obtained any
licenses and approvals that are required by federal and state agencies.
B. Action on Small Wireless Facility Permit Applications.
1. Approval or Denial. The city shall approve or deny a small wireless facility permit
application within 90 days after filing of such application. The small wireless facility permit,
and any associated building permit application, shall be deemed approved if the city fails to
approve or deny the application within the review periods established in this section.
a. Consolidated Applications. An applicant may file a consolidated small wireless
facility permit application addressing the proposed collocation of up to 15 small
wireless facilities, or a greater number if agreed to by the city, provided that all
small wireless facilities in the application:
i. Are located within a two-mile radius;
ii. Consist of substantially similar equipment; and
iii. Are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application,the city may approve
some small wireless facilities sites and deny others, but may not use denial of one
or more permits as a basis to deny all small wireless facilities in the application.
b. Tolling of Deadline. The 90-day deadline for action on a small wireless facility
permit application may be tolled if:
i. The city receives applications from one or more applicants seeking
approval of permits for more than 30 small wireless facilities within a
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seven-day period. In such case, the city may extend the deadline for
all such applications by 30 days by informing the affected applicants
in writing of such extension.
ii. The applicant fails to submit all required documents or information
and the city provides written notice of incompleteness to the applicant
within 30 days of receipt of the application. Upon submission of
additional documents or information, the city shall have 10 days to
notify the applicant in writing of any missing information.
iii. The city and a small wireless facility applicant agree in writing to toll
the review period.
2. Scope of Approval. An approval of a small wireless facility permit under this section
authorizes the installation, placement, maintenance, or operation of a small wireless facility to
provide wireless service and shall not be construed to confer authorization to (1) provide any
service other than a wireless service, or (2) install, place, maintain, or operate a wireline
backhaul facility in the right-of-way.
3. Denial. Any denial of a right-of-way or small wireless facility permit must be made in
writing and must document the basis for the denial. The city must notify the applicant in writing
within three business days of the decision to deny the permit. If a permit application is denied,
the applicant may cure the deficiencies identified by the city and resubmit its application. If
applicant user resubmits the application within 30 days of receiving written notice of the denial,
no additional filing or processing fee shall be imposed. The city must approve or deny the
revised application within 30 days after the revised application is submitted.
205.30.10. APPLICATION PROCESS
A. Upon submission of an application on an approved site,for an antenna meter reading system,
or DASsmall wireless facility,the City shall notify the applicant in writing to confirm if the
application is complete addressing all of the requirements as required by this Section. If the
application is incomplete,the letter will specify what information is missing and the applicant
must then submit a new application. If an application is submitted on an approved site which is
owned by the City, a lease agreement must be approved by the City Council. The City shall
comply with the time deadlines for agency action as dictated in Minnesota State Statutes.
Construction or installation on approved sites may begin upon approval of the lease agreement, if
necessary, and issuance of a building permit. Construction or installation on an automated meter
reading systems or DASsmall wireless facility may begin upon approval of the application and
issuance of any required permits and execution of any required Collocation Agreement.
B. If a small wireless facility,tower or wireless telecommunications facility is approved by a
special use permit,the applicant must also apply for and receive a building permit.
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205.30.11. TOWER HEIGHT
Tower height shall be measured from the average adjoining grade to the highest point of
construction of any tower or wireless telecommunications facilities. Towers are exempt from the
maximum height restrictions of the districts where located. Towers shall be permitted to a height
of one hundred twenty-five(125)feet.
205.30.12. STEALTH DESIGN AND EXTERIOR FINISHES
All approved sites,towers,and wireless telecommunications, and small wireless DAS facilities
shall be designed to blend into the surrounding environment. Monopoles with antenna arrays
shall be finished so as to be compatible with other buildings or structures in the area, and shall be
finished with a non-corrosive material. Wireless telecommunications facilities placed on water
towers shall be finished with a non-corrosive material to match the color of the water tower.
205.30.13.ILLUMINATION
Towers shall not be artificially illuminated except as required by the Federal Aviation
Administration("FAA").
205.30.14. LANDSCAPING AND SCREENING
All sites shall include appropriate landscaping as required herein and shall comply with all
landscaping requirements of the underlying zoning district. Accessory above-ground equipment
must utilize existing buildings or structures, if possible. If no existing structures are available,the
owner of the wireless telecommunications facilities may construct such a structure. At minimum,
all ground equipment shall be fully screened from public rights-of-way or residential property by
existing structures, a brick decorative wall, or a solid one hundred percent(100%)opaque
vegetative enclosure, six feet in height at planting.
205.30.15. SECURITY
All towers must be reasonably posted and secured to protect against trespass. Chain link fences
may be used to protect towers and wireless telecommunications facilities. Barbed or razor wire is
prohibited. All facilities shall be designed to discourage unauthorized climbing on the structure.
All small wireless structures shall be designed in a manner so that the structure from ground
level to twelve feet prevents unauthorized climbing on the structure.
205.30.16.INSTALLATION REQUIREMENTS ON WATER TOWERS AND IN CITY
Installation of wireless telecommunication facilities on water towers will be permitted when the
city is fully satisfied that the following requirements are met:
A. The wireless telecommunications facility will not increase the risks of contamination to the
City's water supply.
B. There is sufficient room on the structure and/or in the grounds to accommodate the wireless
telecommunication facility.
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C. The presence of the wireless telecommunication facility will not increase the water tower or
reservoir maintenance costs to the City.
D. The presence of the wireless communication facility will not be harmful to the health of
workers maintaining the water tower or reservoir.
E. All state and federal regulations pertaining to non-ionizing radiation and other health hazards
has been satisfied.
20530.17. BUILDING PERMIT REQUIRED
A building permit is required for installation of any tower,wireless telecommunications facility,
or small wireless structureDAS. The completed installation, including all associated buildings,
shall comply with all applicable building codes including but not limited to the most currently
adopted version of the N.F.P.A. 70 National Electrical Code,TIA/EIA 222 Structural Standards
for steel antenna towers, and others as may be determined by the Building Official.
20530.18. SETBACKS
The tower or wireless communications facility shall be located in rear or side yard areas and
shall be set back at least ten(10) feet from side or rear lot lines.
205.30.19. SIGNS
Signs no larger than 4 square feet in size and attached to a structure are the only permitted
signage associated with the tower or wireless telecommunications facility.
205.30.20. CERTIFICATIONS AND INSPECTIONS
A. All towers and wireless telecommunications facilities shall be periodically reviewed by the
City to be structurally sound and in conformance with the requirements of the City Code,this
Chapter, any conditions of approval placed on a special use permit and all other construction
standards set forth by the City's Code, and federal, state, and local law. Existing sites may be
inspected for compliance with this Section at any time if the City believes there are questions
regarding compliance with the City Code,this Section, any conditions of approval placed on a
special use permit, all other construction standards set forth in the City's Code, and all other
federal, state and local laws.
B. The City and its agents shall have authority to enter onto any approved site, existing site, or
site approved by special use permit between the inspections and certifications required above,to
inspect the site for the purpose of determining whether the sites comply with the State Building
and Electrical Codes,the National Electric Safety Code and all other construction standards
provided by the City's Code and federal and State law.
C. The City reserves the right to conduct such inspections at any time,upon reasonable notice to
the owner(s). All expenses related to such inspections by the City shall be borne by the site
owner(s).
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205.30.21. MAINTENANCE
A. Ordinary and reasonable care of towers, wireless telecommunications facilities, automatic
meter reading systems/devices,and small wireless facilitiesDAS shall be employed at all times.
All towers, wireless telecommunications facilities, automatic meter reading systems, and small
wireless facilitiesDAS shall at all times be kept and maintained in good condition,order and
repair so that the same shall not menace or endanger the life or property of any person.
B. Owners shall install and maintain towers,wireless telecommunications facilities, automatic
meter reading systems/devices, and small wireless facilitiesDAS in compliance with the
requirements of the National Electric Safety Code and all FCC, State and local regulations, and
in such manner that will not interfere with the use of other property.
C. All maintenance or construction on towers,wireless telecommunications facilities, automatic
meter reading systems/devices, or small wireless facilitiesDAS shall be performed by qualified
maintenance and construction personnel.
D. All owners of wireless telecommunications facilities, automatic meter reading
systems/devices, and small wireless facilitiesDAS shall maintain compliance with current radio
frequency emission standards of the FCC. In order to provide information to its citizens, copies
of all FCC information concerning wireless telecommunications facilities, automatic meter
reading systems/devices, and small wireless facilitiesDAS shall be made available to the City
and updated annually.
E. In the event the use of a tower, a public utility structure, a wireless telecommunications
facility, an automatic meter reading system/device, or small wireless facilitiesDAS is
discontinued by the owner of the wireless telecommunications facility, automatic meter reading
system, or small wireless facilitiesDAS, or in the event an owner files notice to the FCC of its
interest to cease operating the owner shall provide written notice to the City of its intent to
discontinue use and the date when the use shall be discontinued.
205.30.22.PRIORITY FOR USE
Priority for use of the installation,maintenance and operation of towers and wireless
telecommunications facilities will be given to the following entitles in descending order:
A. City of Fridley.
B. Public safety agencies, including law enforcement, fire, and ambulance services,which are
not part of the City of Fridley and private entities with a public safety agreement with the City of
Fridley.
C. Other governmental agencies, for uses which are not related to public safety.
D. Entities providing licensed commercial wireless telecommunication services including
cellular, public and personal communication services(PCS), .-- :.• - . . 3: ..•. _
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-` --•
.. : ' • • ' .: • '- - '1' • _, and similar services that are marketed to the
general public.
205.30.23. CO-LLOCATION
Towers shall be designed to support more than two wireless telecommunications facilities.
Wireless support structures shall be designed to support more than one small wireless facility.
205.30.24. FEES
The applicant shall pay the fees listed in Chapter 11 for processing a request to install, operate,
and maintain a tower,public utility structure,pad mount device, a wireless telecommunications
facility, an automatic meter reading system and/or devices, or small wireless facilitiesDAS in the
City. If deemed as necessary due to the nature of the application,the applicant shall also be
required to reimburse the City for its cost to retain a consultant to review the requested "
application.
205.30.25.ABANDONMENT
If any site for which approval to install, maintain, and operate a tower, or a public utility
structure, or wireless telecommunications facilities, automatic meter reading systems or s
wireless facilitiesDAS has been granted by the City shall cease to be used for a period of 365
consecutive days,the City shall notify the wireless telecommunications facility operator,
automatic meter reading device operator,the DAS small wireless facility operator and the owner
of the property,that said site or system has been deemed abandoned. Upon a finding of
abandonment by the City,the tower,public utility structure,wireless telecommunications
facilities, automatic meter reading system, or small wireless facilitiesDAS must be removed or
an annual user fee shall be paid to the City. If it is determined that the abandoned tower,public
utility structure, wireless telecommunications facility, automatic meter reading system or small
wireless facilitiesDAS cannot be removed in a reasonable time period by the owner or operator,
the City shall assess all costs related to the removal to the owner(s) or operator(s), according to
the procedures established in Chapter 128 of the City Code.
205.30.26.NO RECOURSE
No Recourse against the City. Every permit issued to an applicant for construction, installation,
maintenance, or operation of a wireless telecommunications facility, automated meter reading
system/device or small wireless facilitiesDAS shall provide that, without limiting such
immunities as the City of other persons may have under applicable law, an applicant/permit
holder shall have no monetary recourse whatsoever against the City of its elected officials,
boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage
arising out of any provision or requirements of this Ordinance or because of the enforcement or
lack of enforcement of this Ordinance or the City's exercise of its authority pursuant to this
Ordinance, a permit,a lease, or other applicable law, unless the same shall be caused by criminal
acts or by willful gross negligence.Nothing herein shall be construed as a waiver of sovereign
immunity.
205.30.27. DATA PRACTICES
All documentation submitted pursuant to this Chapter by an applicant shall be subject to and
governed by the Minnesota Government Data Practices Act.
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205.30.28. SEVERABILITY
If any clause, section, or other part of this Section shall be held invalid or unconstitutional by any
court of competent jurisdiction,the remainder of this Section shall not be affected thereby, but
shall remain in full force and effect.
205.30.29. VIOLATION
Any person who shall violate any of the provisions of this Section shall be guilty of a
misdemeanor and subject to the provisions of Chapter 901 of the Fridley City Code.
SECTION II: That Chapter 11 FEES be hereby amended as follows:
FRIDLEY CITY CODE
CHAPTER 11. GENERAL PROVISIONS AND FEES
Section 11.10.FEES
205.30 Telecommunications Permit to Locate on Approved Site $400 user/tower
Telecommunications Towers and Facilities District
205.30.21D S nppl; at F $590
205.30.24 DAS-Small Wireless Facility in a R-1, Single $1,500
Family Zoning District Application Review Fee
205.30.9(9)DAS Small Wireless Facility Abandonment $2,000
Escrow
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
_DAY OF ,2017.
Scott J. Lund,Mayor
ATTEST:
Debra A. Skogen,City Clerk
Public Hearing:
First Reading:
Second Reading:
Publication Date:
85 •
AGENDA ITEM
/111.7,;,f0.1 CITY COUNCIL MEETING OF
DECEMBER 11, 2017
TO: Walter Wysopal, City Manager PW17-070
FROM: James Kosluchar, Public Works Director
Stacy Stromberg, Planner
DATE: December 8, 2017
SUBJECT: First Reading of an Ordinance Repealing and Replacing Chapter 407
Rights-of-Way Management and Amending Chapter 11 Fees
In conjunction with a proposed text amendment to Chapter 205,Telecommunications and Towers
driven by legislation passed by the State of Minnesota in 2017, the City is required to permit the
installation of small wireless facilities within public rights-of-way. In order to most efficiently conform
to the new statutory requirements,the League of Minnesota Cities,along with the Suburban Rate
Authority,developed an updated standard right-of-way ordinance for use by Minnesota cities.The
City Attorney and staff have incorporated applicable language into Fridley Code Chapter 407
Rights-of-Way Management in the attached proposed ordinance.
The changes relating to the required updates associated with Small Wireless Facilities in the
Rights-of-Way Management ordinance are numerous, therefore the City Attorney has
recommended repealing the entire chapter and replacing it with the attached. The new ordinance
also:
1. Updates dated references since its passage in 2003.
2. Clarifies that certain types of work including tree planting, landscaping, and other
obstructions are subject to this chapter.
3. Allows waiving of right-of-way permitting and fees for repairs to City utility services when a
separate utility permit is obtained by a registered contractor.
4. Reduces the limits for obstructions that do not require a permit from eight hours to four
hours during daylight.
5. Establishes fees for permitting of small wireless facilities,and increases fees for excavation
permits from$300 to$350 (these have not been adjusted since 2003).
In addition, the attached ordinance modifies fees in Chapter 11 to conform to new statutory
requirements.
Staff is recommending that the City Council move to hold the first reading of the attached
Ordinance Repealing and Replacing Chapter 407 Rights-of-Way Management and
Amending Chapter 11 Fees. If approved,the second reading will be held at the regular meeting
of the City Council on December 18, 2017.
JPK/jk
Attachment
86
ORDINANCE NO.2017-
CITY OF FRIDLEY,
ANOKA COUNTY,MINNESOTA
AN ORDINANCE TO REPEAL CHAPTER 407 AND ENACT A NEW CHAPTER OF
THE CODE OF ORDINANCES TO ADMINISTER AND REGULATE THE PUBLIC
RIGHTS OF WAY IN THE PUBLIC INTEREST AND TO PROVIDE FOR THE
ISSUANCE AND REGULATION OF RIGHT OF WAY PERMITS AND TO AMEND
CHAPTER 11 TO REFLECT NEW FEES FOR SMALL WIRELESS FACILITIES IN
THE PUBLIC RIGHTS OF WAY
The Fridley City Council hereby finds after review,examination and recommendation of staff that
existing Chapter 407 related to Rights of Way Management be hereby repealed in its entirety and a new
Chapter 407 related to Rights of Way Management be enacted and ordains as follows:
SECTION I: That existing Chapter 407 RIGHTS-OF-WAY MANAGEMENT established by City
of Fridley Ordinance No.945,1116,and 1139 be repealed in its entirety.
SECTION II: That a new Chapter 407 RIGHTS-OF-WAY MANAGEMENT be enacted as
follows:
FRIDLEY CITY CODE
CHAPTER 407. RIGHTS-OF-WAY MANAGEMENT
407.01. FINDINGS AND PURPOSE
1. To provide for the health, safety and well-being of its citizens, and to ensure the structural
integrity of its streets and the appropriate use of the public rights-of-way, the City strives to
keep its public rights-of-way in a state of good repair and free from unnecessary
encumbrances. Although the general population bears the financial burden for the upkeep of
the public rights-of-way, a primary cause for the early and excessive deterioration of its
public rights-of-way is frequent excavation by persons whose equipment or facilities are
located therein.
Public right-of-way obstruction is a source of frustration for merchants,business owners and
the general population which must avoid these obstructions or change travel or shopping
plans because of them and has a detrimental effect on commerce. Persons whose equipment
or facilities is located within the public right-of-way are the primary cause of these frequent
obstructions.
The City holds the public rights-of-way within its geographical boundaries as an asset in trust
for its citizens. The City and other public entities have invested millions of dollars in public
funds to build and maintain the public rights-of-way. It also recognizes that some persons,
by placing their equipment or facilities in the public right-of-way and charging the citizens of
the City for goods and services delivered thereby, are using this property held for the public
good. Although such services are often necessary or convenient for the citizens, such
persons receive revenue and/or profit through their use of public property.
As a result of all these intrusions in the public right-of-way, it is appropriate for the City to
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establish a system of documenting what is placed in the public rights-of-way within its
municipal boundaries to inform its citizens and the other public entities of the equipment or
facilities that have been placed in the right-of-way that is held in trust for them.
2. In response to the foregoing facts, the City hereby enacts this Chapter of the City Code
relating to right-of-way permits and administration,. This Chapter imposes reasonable
regulations on the placement and maintenance of facilities and equipment currently within
the City's public rights-of-way or to be placed therein at some future time. It is intended to
complement the regulatory roles of state and federal agencies. Under this Chapter,persons
disturbing and obstructing the public rights-of-way will bear the financial responsibility for
their work. Finally,this Chapter provides for recovery of out-of-pocket and projected costs
from persons using the public rights-of-way.
This Chapter shall be interpreted consistently with Minnesota Statutes, Sections 237.16,
237.162, 237.163, 237.79, 237.81 and 238.086 and the other laws governing applicable
rights of the City and users of the right-of-way. This Chapter shall also be interpreted
consistently with Minnesota Rules, Chapter 7819 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.
3. In addition to the foregoing recovery of costs and regulation of use, the City Council
determines that there is an existing and legitimate state and local public policy, which
authorizes the City to require payments as reimbursement or return to the public for the use
value of the public rights-of-way from those who obtain revenue or profits from such use.
This reimbursement is provided for and defined in this ordinance as the"user fee."This fee
does not apply to the repair, replacement or reconstruction of an existing facility.
Telecommunication facilities are exempt from a user fee by state statute.
a. Public Interest and Welfare.
The City Council finds that it is in the public interest to provide for the payment of a
user fee by all persons who use and occupy the right-of-way for operating their
businesses. This provides equity by requiring all users of the public right-of-way to pay
compensation apportioned equally among them all for the value and benefit of using
such public right-of-way. To ensure such fair treatment, this Chapter exempts franchise
holders which pay franchise fees to the City on the date of adoption of this Chapter from
the payment of a user fee.
b. Not a Rate.
The City Council finds and determines that the user fee authorized by this Chapter is not
and is not intended to be a rate as that term is defined in Minnesota Statutes, Section
216B.02, Subd. 5. Such user fee is not a fee for a service that is provided to the
customer of a person using the public right-of-way, but is rather a fee paid for the right
of that person to operate in the public right-of-way, and to maintain the equipment in the
public right-of-way in the City of Fridley.
4. Pursuant to the authority granted to the City under state and federal statutory,administrative
and common law,the City hereby elects to manage rights of way within its jurisdiction.
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407.02. DEFINITIONS
The following definitions apply in this Chapter of this Code. References hereafter to"sections"
are, unless otherwise specified, references to sections in this Chapter. Defined terms remain
defined terms whether or not capitalized.
1. "Abandoned facility"means a facility no longer in service or physically disconnected from a
portion of the operating facility, or from any other facility, that is in use or still carries
service. A facility is not abandoned unless declared so by the Right-of-Way User.
2. "Applicant"means any Person requesting permission to excavate or obstruct a Right-of-Way.
3. "City"means the City of Fridley,Minnesota. For purposes of section 407.27, City means its
elected officials,officers,employees and agents.
4. "Collocate"or"Collocation"means to install,mount,maintain,modify,operate,or replace a
small wireless facility on, under, within, or adjacent to an existing wireless support structure
or utility pole that is owned privately,or by the City or other governmental unit.
5. "Commission"means the State of Minnesota Public Utilities Commission.
6. "Congested Right-of-Way"means a crowded condition in the subsurface of the public right-
of-way that occurs when the maximum lateral spacing between existing underground
facilities does not allow for construction of new underground facilities without using hand
digging to expose the existing lateral facilities in conformance with Minnesota Statutes,
Section 216D.04,Subd. 3,over a continuous length in excess of 500 feet.
7. "Construction Performance Bond"means any of the following forms of security provided at
permittees option:
a. Individual project bond
b. Cash deposit
c. Security of a form listed or approved under Minnesota Statutes, Section 15.73,
Subd. 3
d. Letter of Credit,in a form acceptable to the City
e. Self-insurance, in a form acceptable to the City
f. A blanket bond for projects within the City, or other form of construction bond,
for a time specified and in a form acceptable to the City.
8. "Degradation"means a decrease in the useful life of the Right-of-Way caused by excavation
in or disturbance of the Right-of-Way, resulting in the need to reconstruct such Right-of-
Way earlier than would be required if the excavation did not occur.
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9. "Degradation Cost" means the cost to achieve a level of restoration as determined by the
City at the time the permit is issued,not to exceed the maximum restoration shown in plates
1 to 13, set forth in Minnesota Rules,Parts 7819.9900 to 7819.9950.
10. "Degradation Fee"means the estimated fee established at the time of permitting by the City
to recover costs associated with the decrease in the useful life of the Right-of-Way caused
by the excavation,and which equals the Degradation Costs.
11. "Department"means the Department of Public Works of the City.
12. "Director" means the Director of the Department of Public Works of the City, or the
Director's designee.
13. "Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way
excavation,obstruction,patching,or restoration as establish by permit.
14. "Emergency" means a condition that (1) poses a clear and immediate danger to life or
health, or of a significant loss of property; or (2) requires immediate repair or replacement
of Facilities in order to restore service to a customer.
15."Equipment" means any tangible asset used to install, repair, or maintain Facilities in any
Right-of-Way.
16. "Excavate or excavation" means to dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
17. "Excavation Permit" means the permit which, pursuant 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 described in such permit.
18. "Excavation Permit Fee" means money paid to the City by an Applicant to cover the costs
as provided in Chapter 11 of this Code.
19."Facility or Facilities" means any tangible asset in the Right-of-Way required to provide
Utility Service.
20. "Five-year project plan" is a plan showing projects adopted by the City for construction
within the next five years.
21. "High density corridor"means a designated portion of the public right-of-way within which
telecommunications right-of-way users having multiple and competing facilities may be
required to build and install facilities in a common conduit system or other common
structure.
22."Hole" means an excavation in the pavement,with the excavation having a length less than
the width of the pavement.
23."Local Representative" means a local person or persons, 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.
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24. "Management Costs"means the actual costs the City incurs in managing its Rights-of-Way,
including such costs, if incurred, as those associated with registering Applicants; issuing,
processing, and verifying Right-of-Way permit applications and inspecting job sites and
restoration projects; maintaining, supporting, protecting, or moving user facilities during
right-of-way work; determining the adequacy of right-of-way restoration; restoring work
inadequately performed after providing notice and the opportunity to correct the work; and
revoking right-of-way permits. Management 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 Minnesota Session Laws 1997, Chapter 123;
Minnesota Statutes Sections 237.162 or 237.163 or any ordinance enacted under those
sections, or the City fees and costs related to appeals taken pursuant to Section 407.29 of
this Chapter.
25. "Obstruct" to place any tangible object in a Right-of-Way so as to hinder free and open
passage over that or any part of the Right-of-Way for a period in excess of 4 consecutive
daylight hours.
26. "Obstruction Permit" means the permit which, pursuant to this Chapter, must be obtained
before a Person may obstruct a Right-of-Way, allowing the holder to hinder free and open
passage over the specified portion of that Right-of-Way for a period over 4 daylight hours
by placing Equipment described therein on the Right-of-Way for the duration specified
therein.
27. "Obstruction Permit Fee"means money paid to the City by a Permittee to cover the costs as
provided in Chapter 11 of this Code.
28. "Patch or Patching" means a method of pavement replacement that is temporary in nature.
A Patch consists of (1) the compaction of the subbase and aggregate base, and (2) the
replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges
of the excavation in all directions. A Patch is considered full Restoration only when the
pavement is included in the City's five-year project plan.
29. "Pavement"means any type of improved surface that is within the public right-of-way and
that is paved or otherwise constructed with asphalt,concrete,aggregate or gravel.
30. "Permit" Has the meaning given "right of way permit" in Minnesota Statutes, Section
237.162.
31. "Permittee" means any Person to whom a permit to Excavate or Obstruct a Right-of-Way
has been granted by the City under this Chapter.
32. "Person"means an individual or entity subject to the laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit,and whether natural,corporate or political.
33. "Probation"means the status of a Person that has not complied with the conditions of this
Chapter.
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34. "Probationary Period" means one year from the date that a Person has been notified in
writing that they have been put on Probation.
35."Repair" means the temporary construction work necessary to make the Right-of-Way
useable for travel.
36. "Registrant" means any Person who (1) has or seeks to have its Equipment or Facilities
located in any Right-of-Way, or(2)in any way occupies or uses, or seeks to occupy or use,
the Right-of-Way or place its Equipment or Facilities in the Right-of-Way.
37."Registration fee"means money paid to the City by a Registrant to cover the cost associated
with registration.
38."Restore or Restoration" means the process by which an excavated Right-of-Way and
surrounding area, including pavement and foundation is returned to the same condition and
life expectancy that existed before excavation.
39. "Restoration Cost" means the amount of money paid to the City by a Permittee to achieve
the level of restoration according to plates 1 to 13 to Minnesota Rules, Chapter 7819.
40. "Right-of-Way or Public Right-of-Way" means the area on, below, or above a public
roadway, highway, street, cartway, bicycle lane and public sidewalk in which the City,
county or State has an interest, including other dedicated rights-of-way for travel purposes
and utility easements of the City, county or State. A Right-of-Way does not include the
airwaves above a Right-of-Way with regard to cellular or other nonwire telecommunications
or broadcast service.
41."Right-of-Way Permit" means the Excavation Permit, the Obstruction Permit, and/or the
Small Wireless Facility Permit,depending on the context,required by this Chapter.
42."Right-of-way User" means (1) a telecommunications right-of-way user as defined by
Minnesota Statutes, Section 237.162, subd. 4; or (2) a person owning or controlling a
facility in the right-of-way that is used or intended to be used for providing utility service,
and who has a right under law,franchise,or ordinance to use the public right-of-way.
43. "Service"or"Utility Service" includes but is not limited to(1)those services provided by a
public utility as defined in Minnesota Statutes, Section 216B.02,subds. 4 and 6;(2)services
of a telecommunications right-of-way user, including transporting of voice or data
information; (3) services of a cable communications systems as defined in Minnesota
Statutes, Chapter 238; (4) natural gas or electric energy or telecommunications services
provided by the City; (5) services provided by a cooperative electric association organized
under Minnesota Statutes, Chapter 308A; and (6) water, sanitary sewer, and storm water,
including service laterals,steam,cooling,or heating services.
44."Service Lateral" means an underground facility that is used to transmit, distribute or
furnish Utility Service from a common source to an end-use customer or premises.
45."Small Wireless Facility" means a wireless facility that meets both of the following
qualifications:
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a. Each antenna is located inside an enclosure of no more than six cubic feet in volume
or could fit within such an enclosure;and
b. All other wireless equipment associated with the small wireless facility provided
such equipment is, in aggregate,no more than 28 cubic feet in volume,not including
electric meters, concealment elements, telecommunications demarcation boxes,
battery backup power systems, grounding equipment,power transfer switches, cutoff
switches, cable, conduit, vertical cable runs for the connection of power and other
services, and any equipment concealed from public view within or behind an
existing structure or concealment.
46."Supplementary Application" means an application made to permit impacts to more of the
Right-of-Way than permitted, or to extend the duration of a permit that had already been
issued.
47."Telecommunication Rights-of-Way User"means a Person owning or controlling a Facility
in the Right-of-Way, or seeking to own or control a Facility in the Right-of-Way that is used
or is intended to be used for transporting telecommunication or other voice or data
information. For purposes of this Chapter, a cable communication system defined and
regulated under Minnesota Statutes, Chapter 238, and telecommunication activities related
to providing natural gas or electric energy services whether provided by a public utility as
defined in Minnesota Statutes, Section 21613.02 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
such entity is offering wireless service.
48. "Temporary surface"means the compaction of subbase and aggregate base and replacement,
in kind, of the existing pavement only to the edges of the excavation. It is temporary in
nature except when the replacement is of pavement included in the City's two-year project
plan,in which case it is considered full restoration.
49."Toll"means to stop the running of relevant the time period,such as a review period.
50. "Trench"means an excavation in the pavement,with the excavation having a length equal to
or greater than the width of the pavement.
51."Two-year project plan"shows projects adopted by the City for construction within the next
two years.
52."Unusable or Unused Equipment and Facilities" means Equipment and Facilities in the
Right-of-Way which have remained unused for one year and/or for facilities that are not
registered or located by Gopher One Call or for which the Registrant is unable to provide
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 Equipment or Facilities.
53."User Fee" is the sum of money,payable to the City, by a person who is neither furnishing
utility services nor a telecommunications right of way user using or occupying the Right-of-
Way;provided,however,that the City may at its option provide, at any time by ordinance or
by amendment thereto, for a greater or different fee applicable to all such persons in an
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amount and by a method of determination as may be further provided in such ordinance or
amendment thereto.
54. "Wireless Facility" means equipment at a fixed location that enables the provision of
wireless services between user equipment and a wireless service network, including
equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-
optic cable, regular and backup power supplies, and a small wireless facility, but not
including wireless support structures, wireline backhaul facilities, or cables between utility
poles or wireless support structures, or not otherwise immediately adjacent to and directly
associated with a specific antenna.
55."Wireless Service" means any service using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or by means of a mobile device,that is
provided using wireless facilities. Wireless service does not include services regulated under
Title VI of the Communications Act of 1934,as amended,including cable service.
56. "Wireless Support Structure"means a new or existing structure in a right-of-way designed to
support or capable of supporting small wireless facilities, as reasonably determined by the
City.
407.03. ADMINISTRATION
1. Responsibility.
The Director is the principal City official responsible for the administration of the Rights-of-
Way, Right-of-Way Permits, and the ordinances related thereto. The Director may delegate
any or all of the duties hereunder.
2. Franchise Supremacy.
The City may, in addition to the requirements of this Chapter, require any person which has
or seeks to have equipment located in any Right-of-Way to obtain a franchise to the full
extent permitted by law now or hereinafter enacted. The terms of any franchise which are in
direct conflict with any provision of this Chapter whether granted prior or subsequent to
enactment of this Chapter, shall control and supersede the conflicting terms of this Chapter.
All other terms of this Chapter shall be fully applicable to all Persons whether franchised or
not.
407.04. REGISTRATION AND RIGHT-OF-WAY OCCUPANCY
1. Registration.
Each person who occupies, uses, or seeks to occupy or use, the public Right-of-Way or
place any Equipment or Facilities in the Right-of-Way, including Persons with installation
and maintenance responsibilities by lease, sublease or assignment, must register with the
City. Registration will consist of providing application information and paying a
registration fee.
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2. Registration Prior to Work.
No Person may construct, install,repair, remove,relocate, or perform any other work on, or
use any Equipment or Facility or any part thereof in any Right-of-Way without first being
registered with the City.
3. Exceptions.
a. Ground Cover Plantings and Gardens.
Nothing herein shall be construed to repeal or amend the provisions of a City ordinance
permitting Persons to plant or maintain boulevard ground cover plantings or gardens in
the area of the Right-of-Way between their property and the street curb. Persons
planting or maintaining boulevard ground cover plantings or gardens shall not be
deemed to use or occupy the Right-of-Way, and shall not be required to obtain any
permits for planting or maintaining such boulevard ground cover plantings or gardens
under this Chapter. Planting or maintenance of trees, shrubs, and installation or
maintenance of structural landscaping, signs, poles, fences, and any other visual or
physical obstructions are subject to the provisions of this Chapter at the discretion of the
Director.
b. City Utility Service Repair.
The Director may exempt some or all permit requirements and permit fees for
Excavations and Obstructions for repairs of City utility service laterals, including water,
sanitary sewer, and storm sewer if a utility permit is issued in conjunction with the work
and registration and mapping information is provided by the Person or contractor
associated with the repair consistent with this Chapter.
c. Gopher State One Call Law.
In addition,nothing herein relieves a Person from complying with the provisions of the
Minnesota Statutes, Chapter 216D, known informally as the "Gopher State One Call"
law.
407.05. REGISTRATION INFORMATION
1. Information Required.
The information provided to the City at the time of registration shall include,but not be limited
to:
a. Each Registrant's name,Gopher One-Call registration certificate number,address and
email address if applicable,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 at all times. Current information regarding how to contact the Local
Representative in an Emergency shall be provided at the time of registration.
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c. A certificate of insurance or self-insurance acceptable by the City:
(1) 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;
(2) Verifying that the Registrant is insured against claims for Personal injury,
including death, as well as claims for property damage arising out of the (i) use
and occupancy of the Right-of-Way by the Registrant, its officers, agents,
employees and Permittees,and(ii)placement and use of Facilities in the Right-of-
Way by the Registrant, its officers, agents, employees and Permittees, including,
but not limited to, protection against liability arising from completed operations,
damage of underground Facilities and collapse of property;
(3) Naming the City as an additional insured as to whom the coverages required
herein are in force and applicable and for whom defense will be provided as to all
such coverages;
(4) Requiring that the City be notified thirty (30) days in advance of cancellation of
the policy or material modification 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.
a. The City may require a copy of the actual insurance policies.
b. If the Person is a corporation, a copy of the certificate required to be filed under
Minnesota Statutes, Section 300.06 as recorded and certified to by the Secretary of
State.
c. 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.
2. Notice of Changes.
The Registrant shall keep all of the information listed above current at all times by providing
to the City information as to changes within fifteen(15)days following the date on which the
Registrant has knowledge of any change.
3. Grant of Right;Payment of User Fee.
Any person required to register under Section 407.04, which occupies, uses, or places its
equipment in the public right-of-way but who is not a telecommunications right of way user
or a right of way user as defined by this Chapter and Minnesota Statutes Chapter 237, is
hereby granted a right to do so if and only so long as it (1) timely pays the user fee as
provided herein, and (2) complies with all other requirements of law. This legal entitlement
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shall not include use of the right-of-way for purposes in furtherance of furnishing utility
services for which additional authorization is required by this Code or other state or federal
law,unless the person pays the user fee for such non-utility service use.
The user fee reflects the value of the right-of-way needed for new facilities and is based on
the average market value of the land, adjusting for the cost of acquisition and non-exclusive
use. The dimensions of the occupied land shall incorporate the Gopher One Call criteria of
2-foot clearance on all sides. Such fee shall be paid to the City in substantially equal
(quarterly, semi-annual, annual) installments, subject to adjustment and correction at the
conclusion of the calendar year. Such fee shall be paid for all and any part of a calendar
year, prorated on a daily basis, during any time period in which the said person uses or
occupies the right-of-way to furnish utility serviced, or places, maintains or uses its wires,
mains,pipes,or any other facilities or equipment in the right-of-way.
This section does not apply to a person who uses and occupies the right-of-way for operating
their business when there is a pre-existing franchise agreement between that person and the
City and the payment of a franchise fees, nor does it apply to the repair, replacement or
reconstruction of an existing facility.
The grant of such right is expressly conditioned on, and is subject to, continuing compliance
with all provisions of law,including this Chapter.
407.06. REPORTING OBLIGATIONS
1. Operations.
Each Registrant proposing to work in the City shall, at the time of registration and by
December 1 of each year, file a construction and major maintenance plan for underground
Facilities with the City. Such plan shall be submitted using a format designated by the City
and shall contain the information determined by the City to be necessary to facilitate the
coordination and reduction in the frequency of Excavations and Obstructions of Rights-of-
Way.
The plan shall include,but not be limited to,the following information:
a. The locations and the estimated beginning and ending dates of all Projects to be
commenced during the next calendar year (in this section, a `Next-year Project");
and
b. To the extent known, the tentative locations and estimated beginning and ending
dates for all Projects contemplated for the five years following the next calendar year
(in this section,a"Five-year Project").
The term "project" in this section shall include both Next-year Projects and Five-year
Projects.
By January 1 of each year the City will have available for inspection a composite list of all
Projects of which the City has been informed in the annual plans. All Registrants are
responsible for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each Registrant may change any Project in its list of Next-year
Projects, and must notify the City and all other Registrants of all such changes in said list.
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Notwithstanding the foregoing, a Registrant may at any time join in a Next-year Project of
another Registrant listed by the other Registrant.
2. Additional Next-year Projects.
Notwithstanding the foregoing, the City will not deny an application for a Right-of-Way
Permit for failure to include a project in a plan submitted to the City if the Registrant has
used commercially reasonable efforts to anticipate and plan for the project.
3. Applicants obtaining Anoka County Highway or Minnesota Department of Transportation
right-of-way permits for facilities in their rights-of-way within the corporate limits of the
City must provide a copy to the City and submit a copy of the plans with mapping data for
recording purposes per Section 407.21.
407.07. PERMIT REQUIREMENT
1. Permit Required.
Except as otherwise provided in this Code,no Person may Obstruct or Excavate any Right-
of-Way, or install or place facilities in the right of way without first having registered and
obtained the appropriate Right-of-Way Permit from the City to do so.
a. Excavation Permit.
An Excavation Permit is required to excavate that part of the Right-of-Way
described in such permit and to hinder free and open passage over the specified
portion of the Right-of-Way by placing equipment or facilities described therein, to
the extent and for the duration specified therein.
Multiple excavations limited to 600 feet are considered one project and require an
Excavation Permit.
Each permit application will require the mapping data per Section 407.21.
b. Obstruction Permit.
An Obstruction Permit is required to hinder free and open passage over a specified
portion of Right-of-Way for periods in excess of 4 consecutive daylight hours by
placing Equipment described therein on the Right-of-Way, to the extent and for the
duration specified therein.
An Obstruction Permit is not required if a Person already possesses a valid
Excavation Permit for the same project. Failure to obtain an Obstruction Permit
prior to the obstruction will require an after-the-fact obstruction permit plus payment
of a delay penalty.
c. Small Wireless Facility Permit
A small wireless facility permit is required by a registrant to erect or install a
wireless support structure, to collocate a small wireless facility, or to otherwise
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install a small wireless facility in the specified portion or the right of way, to the
extent specified therein, provided that such permit shall remain in effect for the
length of time the facility is in use,unless lawfully revoked.
d. Permit Waiver
In the event of a major catastrophe or emergency declared by the City requiring the
restoration of services that are within the right-of-way, the requirement for permits
and permit fees may be waived by the City at its discretion.
After restoration of the service has been completed, an updated mapping plan per
Section 407.21 must be submitted to the City within 60 days.
2. Permit Extensions.
No Person may Excavate or Obstruct the Right-of-Way beyond the date or dates specified in
the permit unless such Person(i) makes a Supplementary Application for another Right-of-
Way Permit before the expiration of the initial permit, and (ii) a new permit or permit
extension is granted.
3. Delay Penalty.
Notwithstanding subd. 2 of this section, the City shall establish and impose a Delay Penalty
in accordance with Minnesota Rule, Part 7819.1000 subp. 3 for unreasonable delays 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 in completion
of permitted Right-of-Way activity. The Delay Penalty shall be established from time to
time by the City Council and shall include any delay or damages charged by the City's
construction contractor and may include liquidated damages consistent with the contract.
4. Permit Display.
Permits issued under this Chapter shall be conspicuously displayed or otherwise available at
all times at the indicated work site and shall be available for inspection by the City.
407.08. PERMIT APPLICATIONS
Application for a permit is made to the City. Right-of-Way Permit applications shall contain,
and will be considered complete only upon compliance with the requirements of the following
provisions.
1. Registration with the City pursuant to this Chapter.
2. 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.
3. Payment of money due the City for
a. permit fees,estimated Restoration Costs and other Management Costs;
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b. prior permitted or unpermitted Right-of-Way activity;
c. any undisputed loss,damage,or expense suffered by the City because of Applicant's
prior activity in the Rights-of-Way or any Emergency actions taken by the City;
d. franchise or user fees,if applicable.
4. Payment of disputed amounts due the City by posting security or depositing in an escrow
account an amount equal to at least 110%of the amount owing.
5. When an Excavation Permit is requested for purposes of installing additional Facilities, and
the posting of a Construction Performance Bond for the additional Facilities is insufficient,
the posting of an additional or larger Construction Performance Bond for the additional
Facilities may be required.
407.09. ISSUANCE OF PERMIT;CONDITIONS
1. Permit Issuance.
If the Applicant has satisfied the requirements of this Chapter,the City shall issue a permit.
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.
3. Compliance with Laws.
In addition,a permittee shall comply with all requirements of local,state,and federal laws,
including but not limited to Minnesota Statutes, Section 216D.01 - .09(Gopher One Call
Excavation Notice System)and Minnesota Rules,Chapter 7560.
4. Supplemental Provisions for Small Wireless Facility Permits
a. 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 the Applicant has executed a standard small wireless facility collocation
agreement with the City. The standard collocation agreement may require payment
of the following:
(1) Up to$150 per year for rent to collocate on the City structure;
(2) $25 per year for maintenance associated with the collocation;
(3) A monthly fee for electrical service as follows:
i. $73 per radio node less than or equal to 100 maximum watts;
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ii. $182 per radio node over 100 maximum watts;or
iii. The actual costs of electricity, if the actual cost exceed 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.
b. Deadline for Action
The City shall approve or deny a small wireless facility permit application within 90
days after filing of such application. The small wireless facility permit, and any
associated building permit application, shall be deemed approved if the City fails to
approve or deny the application within the review periods established in this section.
c. Consolidated Permit Applications
An Applicant may file a consolidated small wireless facility permit application
addressing the proposed collocation of up to 15 small wireless facilities, or a greater
number if agreed to by a local government unit, provided that all small wireless
facilities in the application:
(1) Are located within a two-mile radius;
(2) Consist of substantially similar equipment;and
(3) Are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the City may approve
some small wireless facilities and deny others,but may not use denial of one or more
permits as a basis to deny all small wireless facilities in the application.
d. Tolling for Action
The 90-day deadline for action on a small wireless facility permit application may be
tolled if:
(1) The City receives applications from one or more Applicants seeking approval of
permits for more than 30 small wireless facilities within a seven-day period. In
such case, the City may extend the deadline for all such applications by 30 days
by informing the affected Applicants in writing of such extension.
(2) The Applicant fails to submit all required documents or information and the City
provides written notice of incompleteness to the Applicant within 30 days of
receipt the application. Upon submission of additional documents or
information,the City shall have ten days to notify the Applicant in writing of any
still-missing information.
(3) The City and a small wireless facility Applicant agree in writing to toll the
review period.
407.10 PERMIT FEES
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1. Excavation Permit Fee.
The Excavation Permit Fee shall be established by the City in an amount sufficient to
recover the following costs:
a. City Management Costs;
b. Mapping Costs;
c. Degradation Costs,if applicable.
2. Obstruction Permit Fee.
The Obstruction Permit Fee shall be in an amount sufficient to recover the City
Management Costs associated with recording and inspecting the right-of-way obstruction.
3. Small Wireless Facility Permit Fee.
The City shall impose a small wireless facility permit fee in an amount sufficient to recover:
a. City Management Costs;
b. City engineering, make-ready, and construction costs associated with collocation of
small wireless facilities;
c. Mapping Costs;
d. Degradation Costs,if applicable.
4. Payment of Permit Fees.
a. No Right-of-Way Permit shall be issued without payment of associated Right-of-Way
Permit Fees, unless otherwise specified in this Chapter. The City may allow
Applicant to pay such fees within thirty(30)days of billing.
b. The mapping portion of the excavation fees is waived if the mapping data provided to
the City is in a GIS format compatible with the City's standards.
5. Nonrefundable.
Permit fees that were paid for a permit that the City has revoked for a breach as stated in
Section 407.20 are not refundable.
6. 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.
7. Waiver of Fees.
Payment of fees, as identified in this Chapter, with the exception of restoration costs, for
water and/or sanitary sewer connections to property in the City are waived. However
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Registration and the Right-of-way Permit application must be submitted and approved by
the City prior to commencement of any work.
407.11. RIGHT-OF-WAY PATCHING AND RESTORATION
1. Timing.
The work to be done under the Excavation Permit, and the Patching or Restoration of the
Right-of-Way as required herein, must be completed within the dates specified in the
permit, increased by as many days as work could not be done because of extraordinary
circumstances beyond the control of the Permittee or when work was prohibited as
unseasonal or unreasonable under Section 407.14.
2. Patch and Restoration.
Permittee shall Patch its own work. The City may choose either to have the Permittee
restore the Right-of-Way or to restore the pavement itself.
a. City Restoration.
If the City restores the pavement, Permittee shall pay the costs thereof within thirty
(30) days of billing. If, during the twenty-four (24) months 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 having to correct the defective work.
b. Permittee Restoration.
If the Permittee Restores the Right-of-Way itself, the City may require at the time of
application for an Excavation Permit the posting of a Construction Performance Bond
in an amount determined by the City to be sufficient to cover the cost of Restoration
in accordance with the provisions of Minnesota Rules, Part 7819.3000. If, within
twenty-four(24)months after completion of the Restoration of the Right-of-Way,the
City determines that the Right-of-Way has been properly restored, the surety on the
Construction Performance Bond shall be released.
3. Standards.
The Permittee shall perform Excavation Patching and/or Restoration according to the
standards and with the materials specified by the City and shall comply with Minnesota
Rules,Part 7819.1100. The City shall have the authority to prescribe the manner and extent
of the Restoration, and may do so in written procedures of general application or on a case-
by-case basis.
Methods of restoration may include, but are not limited to, patching, replacement of the
right-of-way base, and milling and overlay of the entire area of the right-of-way affected by
the work.
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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 407.14.
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 restorations required by the
City, the City as an option, may do such work. In that event, the permittee shall pay to the
City,within thirty(30)days of billing,the cost of restoring the right-of-way.
4. Guarantees.
By choosing to restore the Right-of-Way itself,the Permittee guarantees its work and shall
maintain it for twenty-four (24) months following its completion. During this 24-month
period it shall, upon notification from the City, 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 407.14.
5. Obligation.
Construction triggers an obligation of the right-of-way user that the right-of-way restoration
be completed according to the conditions set forth in this Chapter. The right-of-way user
also assumes responsibility for"as built" drawings and for repairing facilities or structures,
including right-of-way that was damaged during facility installation. The obligation is
limited to one year for plantings and turf establishment.
6. Failure to Restore.
If the Permittee fails to restore the Right-of-Way in the manner and to the condition required
by the City, or fails to satisfactorily and timely complete all Restoration required by the
City, the City at its option may do such work. In that event the Permittee shall pay to the
City,within thirty(30)days of billing, the cost of Restoring the Right-of-Way. If Permittee
fails to pay as required,the City may exercise its rights under the Construction Performance
Bond.
7. Degradation Cost in Lieu of Restoration.
In lieu of Right-of-Way Restoration, a Right-of-Way user may elect to pay a Degradation
Fee with the approval of the City. However, the Right-of-Way User shall remain
responsible for Patching and the Degradation Fee shall not include the cost to accomplish
these responsibilities.
407.12. JOINT APPLICATIONS
1. Joint Application.
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Registrants may jointly apply for permits to Excavate or Obstruct the Right-of-Way at the
same place and time.
2. With City Projects.
Registrants who join in a scheduled Obstruction or Excavation performed by the City,
whether or not it is a joint application by two or more Registrants or a single application,are
not required to pay the Obstruction and Degradation portions of the permit fee.
A right-of-way permit application must be completed. In these circumstances, the
excavation fee will be waived.
Mapping data must be provided per Section 40721.
3. Shared Fees.
Registrants who jointly apply for Right-of-Way Permits, which the City does not perform,
may share in the payment of the Right-of-Way Permit Fee. Registrants must agree among
themselves as to the portion each will pay and indicate the same on their applications.
407.13. SUPPLEMENTARY APPLICATIONS
1. Limitation on Area.
A Right-of-Way Permit is valid only for the area of the Right-of-Way specified in the
permit. No Permittee may obstruct or 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 application for a permit extension and pay any additional fees required
thereby,and(ii)be granted a new permit or permit extension.
2. 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 approved before the initial permit end date.
407.14. OTHER OBLIGATIONS
1. Compliance with Other Laws.
Obtaining a Right-of-Way Permit does not relieve Permittee of its duty to obtain all other
necessary permits, licenses, and authority and to pay all fees required by the City or other
applicable rule, law or regulation. A Permittee shall comply with all requirements of local,
state and federal laws, including Minnesota Statutes, Section 216D.01-.09 ("One Call
Excavation Notice System"). A Permittee shall perform all work in conformance with all
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applicable codes and established rules and regulations, and is responsible for all work done
in the Right-of-Way pursuant to its permit,regardless of who does the work.
2. Prohibited Work.
Except in an Emergency,and with the approval of the City,no Right-of-Way Obstruction or
Excavation may be done when seasonally prohibited or when conditions are unreasonable
for such work.
3. Interference with Right-of-Way.
A Permittee shall not so Obstruct a Right-of-Way that the natural free and clear passage of
water through the gutters or other waterways shall be interfered with. Private vehicles of
those doing work in the Right-of-Way may not be parked within or next to a permit area,
unless parked in conformance with City parking regulations. The loading or unloading of
trucks must be done solely within the defined permit area unless specifically authorized by
the permit.
4. Trenchless Excavation.
As a condition of all applicable permits,permittees employing trenchless excavation
methods,including but not limited to Horizontal Directional Drilling,shall follow all
requirements set forth in Minnesota Statutes,Chapter 216D and Minnesota Rules,Chapter
7560 and shall require potholing or open cutting over existing underground utilities before
excavating,as determined by the Director.
407.15. DENIAL OF PERMIT
1. Reasons for Denial.
Except in an emergency,no right-of-way permit will be granted.
a. To any person required to be registered who has not done so;
b. To any person required to file an annual report but has failed to do so;
c. For any next-year project not listed in the construction and major maintenance plan
required under this Chapter;
d. For any project which requires the excavation of any portion of a right-of-way which
was constructed or reconstructed within the preceding five(5)years;
e. To any person who has failed within the past two(2)years to comply,or is presently
not in full compliance,with the requirements of this Chapter;
f. To any person who has outstanding debt owed to the City;and
g. To any person as to whom there are existing grounds for the revocation of a permit.
Notwithstanding the provisions of this Section, the City may issue a permit in any case
where the permit is necessary(a)to prevent substantial economic hardship to a customer of
the permit Applicant, or(b)to allow such customer to materially improve its utility service,
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or (c) to allow a new economic development project, or (d) as otherwise required by law;
and where the permit Applicant did not have knowledge of the hardship, the plans for
improvement of service, or the development project when said Applicant was required to
submit its list of Next-year Projects.
The City may deny a permit to protect the public health, safety and welfare, to prevent
interference with the safety and convenience of ordinary travel over the right-of-way,would
cause a conflict or interfere with an exhibition, celebration, festival, or any other event, or
when necessary to protect the right-of-way, its use, and its users. The City may consider
one or more of the following factors:
a. the extent to which right-of-way 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 or facilities of the permit Applicant;
d. the applicability of ordinance or other regulations of the right-of-way that affect
location of equipment or facilities in the right-of-way;
e. the degree of compliance of the Applicant with the terms and conditions of its
franchise,this Chapter,and other applicable ordinances and regulations;
f. the degree of disruption to surrounding neighborhoods 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-way, and whether and when it is scheduled for
total or partial reconstruction;and
h. the balancing of the costs of disruption to the public and damage to the right-of-way,
against the benefits to that part of the public served by the expansion into additional
parts of the right-of-way.
2. Procedural Requirements.
The denial or revocation of a permit must be made in writing and must document the basis
for the denial. The City must notify the Applicant or right-of-way user in writing within
three business days of the decision to deny or revoke a permit. If an application is denied,
the right-of-way user may address the reasons for denial identified by the City and resubmit
its application. If the application is resubmitted within 30 days of receipt of the notice of
denial, no additional application fee shall be imposed. The City must approve or deny the
resubmitted application within 30 days after submission.
407.16. INSTALLATION REQUIREMENTS
The excavation, backfilling, patching, repair, and restoration, and all other work performed in
the Right-of-Way shall be performed and completed in conformance with Minnesota Rules,
Parts 7819.1100 and 7819.5000, Engineering Standards adopted by the PUC, City, county, and
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State, and any other applicable local requirements, in so far as they are not inconsistent with the
Minnesota Statutes, Sections 237.162 and 237.163.
407.17. INSPECTION
1. Notice of Completion.
When the work under any permit hereunder is completed, the permittee shall furnish a
Completion Certificate in accordance with Minnesota Rule,Part 7819.1300.
Unless waived by the City, a person designated by the right-of-way user as a responsible
employee shall sign a completion certificate showing the completion date for the work
performed, identifying the installer and designer of record, and certifying that work was
completed according to the requirements of the City.
If necessary due to approved changes for the work as projected when the permit was applied
for, the permittee shall submit"as built" drawings or maps within six months of completing
the work,showing any deviations from the plan that are greater than plus or minus two feet.
The City shall respond within 30 days of receipt of the completion certificate. Failure to
approve or disapprove the Permittee's performance within 30 days is deemed to be approval
by the City.
2. Site Inspection.
Permittee shall make the work-site available to the City and to all others as authorized by
law for inspection at all reasonable times during the execution of and upon completion of
the work.
3. Authority of Director
A. At the time of inspection the City may order the immediate cessation of any work which
poses a serious threat to the life,heal safety or well-beingof the
public.
B. The Director may issue an order to the Permittee for any work which does not conform
to the terms of the permit or other applicable standards, conditions, or codes. The order
shall state that failure to correct the violation will be cause for revocation of the permit.
Within ten (10) days after issuance of the order, the Permittee shall present proof to the
City that the violation has been corrected. If such proof has not been presented within
the required time,the City may revoke the permit pursuant to Section 407.20.
407.18. WORK DONE WITHOUT A PERMIT
1. Emergency Situations.
Each Registrant shall immediately notify the City 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. Excavators' notification to Gopher State One Call
regarding an emergency situation does not fulfill this requirement. Within two business days
after the occurrence of the Emergency the Registrant shall apply for the necessary permits,
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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.
If the City becomes aware of an emergency regarding a Registrant's Equipment or
Facilities, the City will attempt to contact the Local Representative of each Registrant
affected, or potentially affected by the Emergency. In any event, the City may take
whatever action it deems necessary to respond to the Emergency, the cost of which shall be
borne by the Registrant whose Facilities occasioned the Emergency.
2. Non-Emergency Situations.
Except in an Emergency,any Person who, without first having obtained the necessary permit,
Obstructs or Excavates a Right-of-Way must subsequently obtain a permit, and as a penalty
pay double the normal fee for said permit, pay double all the other fees required by the
Legislative Code, deposit with the City the fees necessary to correct any damage to the
Right-of-Way and comply with all of the requirements of this Chapter.
407.19. SUPPLEMENTARY NOTIFICATION
If the activity in the Right-of-Way begins later or ends sooner than the date given on the Right-
of-Way Permit, Permittee shall notify the City of the accurate information as soon as this
information is known.
407.20. REVOCATION OF PERMITS
1. Substantial Breach.
The City reserves its right, as provided herein, to revoke any Right-of-Way Permit,without
a fee refund, in the event of a substantial breach of the terms and conditions of any statute,
ordinance, rule or regulation, or any material condition of the permit including a threat to
the safety of workers or the right-of-way user or the utility users. A substantial breach by
Permittee shall include,but shall not be limited to,the following:
The violation of any material provision of the Right-of-Way Permit;
A. An evasion or attempt to evade any material provision of the Right-of-Way Permit,or the
perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens;
B. Any material misrepresentation of fact in the application for a Right-of-Way Permit;
C. The failure to complete the work in a timely manner;unless a permit extension is obtained
or unless the failure to complete work is due to reasons beyond the Pennittee's control;or
D. Failure to relocate existing facilities as specified in Sec.407.23;or
E. Failure of the utility to pay any required costs,fees,or charges billed by the City or
F. The failure to correct, in a timely manner, work that does not conform to a condition
indicated on an Order issued pursuant to this Chapter.
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2. Written Notice of Breach.
If the City determines that the Permittee has committed a substantial breach of a term or
condition of any statute, ordinance, rule,regulation or any condition of the permit the City
shall make a written demand upon the Permittee to remedy such violation. The demand
shall state that continued violations may be cause for revocation of the permit. A substantial
breach, as stated above, will allow the City to place additional or revised conditions on the
permit to mitigate and remedy the breach.
3. Response to Notice of Breach.
Within twenty-four (24) hours of receiving notification of the breach, Permittee shall
provide the City with a plan, acceptable to the City that will cure the breach. Permittee's
failure to so contact the City, or the Permittee's failure to submit an acceptable plan, or
Permittee's failure to reasonably implement the approved plan, shall be cause for immediate
revocation of the permit. Further, Permittee's failure to so contact the City, or the
Permittee's failure to submit an acceptable plan, or Permittee's failure to reasonably
implement the approved plan, shall automatically place the Permittee on Probation for one
(1)full year.
4. Cause for Probation.
From time to time, the City may establish a list of conditions of the permit, which if
breached will automatically place the Permittee on Probation for one full year, such as, but
not limited to, working out of the allotted time period or working on Right-of-Way grossly
outside of the permit authorization.
5. Automatic Revocation.
If a Permittee, while on Probation, commits a breach as outlined above, Permittee's permit
will automatically be revoked and Permittee will not be allowed further permits for one full
year,except for Emergency repairs.
6. Reimbursement of City Costs.
If a permit is revoked, the Permittee shall also reimburse the City for the City's reasonable
costs, including Restoration Costs and the costs of collection and reasonable attorneys' fees
incurred in connection with such revocation.
407.21. MAPPING DATA
1. Information Required.
Each Registrant shall provide Mapping information required by the City in accordance
with Minnesota Rules,Parts 7819.4000 and 7819.4100.Failure to provide Mapping and
detailed drawings pursuant to this subsection shall be grounds for revoking the permit
holder's registration. Mapping data shall include the following information:
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a. location and approximate depth of Applicant's mains,cables, conduits, switches,and
related equipment and facilities,with the location based on:
(1) offsets from property lines, distances from the centerline of the public right—of-
way,and curb lines as determined by the City;or
(2) coordinates derived from the coordinate system being used by the City; or
(3) any other system agreed upon by the right-of-way user and City;
b. the type and size of the utility;
c. a description showing above-ground appurtenances;
d. a legend explaining symbols, characters, abbreviations, scale, and other data shown
on the map;and
e. any facilities to be abandoned, if applicable, in conformance with Minnesota
Statutes, Section 216D.04,subd. 3.
The permittee shall submit "as built" drawings reflecting any subsequent changes and
variations from the information provided under 407.08, Subd.2.
The right-of-way user is not required to provide or convey mapping information or data in a
format or manner that is different from that which it currently utilizes and maintains. The
right-of-way user shall, however, include the cost to covert the data furnished by the right-
of-way user to a format currently in use by the City as part of the permit application fee.
These data conversion costs,unlike other costs that make up permit fees,may be included in
the permit fee after the permit application process is completed and shall be immediately
due to the City upon the ascertainment of the cost and notice of the fee to the Applicant.
Any permit for which such fee has not been paid within 30 days of notice from the City may
upon written notice be revoked. The City shall not issue any other permits to the registrant
related to any City right-of-way until such fee is paid.
Mapping data shall be provided with the specificity requested by the City for inclusion in
the mapping system used by the City.
For mapping data provided to the City of Fridley in GIS format compatible with the City's
standards,the mapping portion of the excavation fee is waived.
2. Submittal Requirement.
a. Within six(6)months after the acquisition, installation, or construction of additional
equipment or any relocation, abandonment, or disuse of existing equipment, each
registrant shall submit the Mapping Data required herein.
b. All existing right-of-way users shall submit detailed plans as may be reasonable and
practical for all facilities and equipment installed, used or abandoned within the
public right-of-way.
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c. Notwithstanding the foregoing, Mapping Data shall be submitted by all Registrants
for all equipment which is to be installed or constructed after the date of passage of
this Chapter at the time any permits are sought under these ordinances.
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Fridley City Code Chapter 407 Section 407.32.
d. A new Registrant, or a Registrant which has not submitted a plan as required above,
shall submit complete and accurate Mapping Data for all its equipment at the time
any permits are sought under these ordinances.
3. Telecommunication Equipment.
Information on existing facilities and equipment of telecommunications right-of-way users
need only be supplied in the form maintained by the telecommunications right-of-way user.
4. Service Laterals.
All permits issued for the installation or repair of service laterals,other than minor repairs as
defined in Minnesota Rules, Part 7560.0150, subp. 2, shall require the permittee's use of
appropriate means of establishing the horizontal locations of installed service laterals and
the service lateral vertical locations in those cases where the Director reasonably requires it.
Permittees or their subcontractors shall submit to the Director evidence satisfactory to the
Director of the installed service lateral locations. Compliance with this subdivision 2 and
with applicable Gopher State One Call law and Minnesota Rules governing service laterals
installed after Dec. 31,2005,shall be a condition of any City approval necessary for:
a. payments to contractors working on a public improvement project, including those
under Minnesota Statutes,Chapter 429,and
b. City approval under development agreements or other subdivision or site plan
approval under Minnesota Statutes, Chapter 462. The Director shall reasonably
determine the appropriate method of providing such information to the City. Failure
to provide prompt and accurate information on the service laterals installed may
result in the revocation of the permit issued for the work or future permits to the
offending permittee or its subcontractors
407.22. LOCATION OF FACILITIES
1. Subd. 1.Placement,location,and relocation of facilities must comply with the Act,with
other applicable law,and with Minnesota Rules,Parts 7819.3100,7819.5000,and
7819.5100,to the extent the rules do not limit authority otherwise available to cities.
2. Corridors.
The City may assign specific corridors within the Right-of-Way, or any particular segment
thereof as may be necessary, for each type of Facility 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.
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 Excavation 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
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economic life of the Facilities, public safety, customer Service needs and hardship to the
Registrant.
3. Nuisance.
Any facilities found in a right-of-way that have not been registered shall be deemed to be a
nuisance. The City may exercise any remedies or rights it has at law or in equity,including,
but not limited to,abating the nuisance or taking possession of the Equipment or Facilities
and restoring the right-of-way to a usable condition.
4. Limitation of Space.
To protect public health,safety, and welfare, or when necessary to protect the Right-of-Way
and its current use,the City shall have the power to prohibit or limit the placement of new or
additional Facilities within the Right-of-Way. In making such decisions, the City shall
strive to the extent possible to accommodate all existing and potential users of the Right-of-
Way, but shall be guided primarily by considerations of the public interest, the public's
needs for the particular Utility Service, the condition of the Right-of-Way, the time of year
with respect to essential utilities, the protection of existing Facilities in the Right-of-Way,
and future City plans for public improvements and development projects which have been
determined to be in the public interest.
407.23. RELOCATION OF FACILITIES
A Registrant must promptly and at its own expense, with due regard for seasonal working
conditions, permanently remove and relocate its Facilities in the Right-of-Way whenever the
City for good cause requests such removal and relocation, and shall restore the Right-of-Way
consistent with Minnesota Rules, Parts 7819.0050 — 7819.9950. The City may make such
request to prevent interference by the Company's Equipment or Facilities with (i) a present or
future City use of the Right-of-Way, (ii) a public improvement undertaken by the City, (iii) an
economic development project in which the City has an interest or investment, (iv) when the
public health, safety and welfare require it, or(v) when necessary to prevent interference with
the safety and convenience of ordinary travel over the Right-of-Way.
Notwithstanding the foregoing,a Person shall not be required to remove or relocate its Facilities
from any Right-of-Way which has been vacated in favor of a non-governmental entity unless
and until the reasonable costs thereof are first paid to the Person thereof.
407.24. PRE-EXCAVATION FACILITY AND FACILITIES LOCATION
In addition to complying with the requirements of Minnesota Statutes, Section 216D.01-.09
("One Call Excavation Notice System") before the start date of any Right-of-Way excavation,
each Registrant who has Facilities or Equipment in the area to be excavated shall mark the
horizontal and vertical placement of all said Facilities. Any Registrant whose Facilities 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 procedure
for excavation.
407.25. DAMAGE TO OTHER FACILITIES
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When the City does work in the Right-of-Way and finds it necessary to maintain, support, or
move a person's Facilities to protect it,the City shall notify the Local Representative as early as
is reasonably possible. The costs associated therewith will be billed to that person and must be
paid within thirty (30) days from the date of billing. Each person shall be responsible for the
cost of repairing any Facilities in the Right-of-Way which it or its Facilities damages. Each
person shall be responsible for the cost of repairing any damage to the Facilities of another
persons caused during the City's response to an Emergency occasioned by that persons
Facilities.
407.26. RIGHT-OF-WAY VACATION
1. Reservation of Right.
If the City vacates a Right-of-Way which contains the Facilities of a Registrant, and if the
vacation does not require the relocation of Registrant's or Permittee's Facilities, the
registrant's rights in the vacated right-of-way are governed by Minnesota Rules, Part
7819.3200 and the City shall reserve,to and for itself and all Registrants having Facilities in
the vacated Right-of-Way, the right to install, maintain and operate any Facilities in the
vacated Right-of-Way and to enter upon such Right-of-Way at any time for the purpose of
reconstructing,inspecting,maintaining or repairing the same.
2. Relocation of Facilities.
If the vacation requires the relocation of Registrant's or Permittee's Facilities; and(i) if the
vacation proceedings are initiated by the Registrant or Permittee,the Registrant or Permittee
must pay the relocation costs;or(ii)if the vacation proceedings are initiated by the City,the
Registrant or Permittee must pay the relocation costs unless otherwise agreed to by the City
and the Registrant or Permittee; or(iii) if the vacation proceedings are initiated by a Person
or Persons other than the Registrant or Permittee,such other Person or Persons must pay the
relocation costs.
407.27. INDEMNIFICATION AND LIABILITY
1. Authority,Generally.
As a condition for issuing a permit for work on a public right-of-way, the City may require
the permittee to indemnify the City against liability claims. The City may require
indemnification when a permit authorizes a permittee to obstruct or excavate on or within a
public right-of-way to install,maintain,or repair the permittee's facilities.
2. Claims Indemnified
City may require the permittee to defend, indemnify, and hold harmless the City from all
liability or claims of liability for bodily injury or death to persons, or for property damage,
in which the claim:
a. alleges a negligent or otherwise wrongful act or omission of the permittee or its
employee,agent, or independent contractor in installing,maintaining,or repairing the
permittee's facilities; and alleges that the City is liable, without alleging any
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independent negligent, or otherwise wrongful act or omission on the part of the City;
or
b. is based on the City negligent or otherwise wrongful act or omission in issuing the
permit or in failing to properly or adequately inspect or enforce compliance with a
term,condition or purpose of the permit granted to the permittee.
3. Claims not Indemnified
A permittee is not required to indemnify the City for losses or claims occasioned by the
negligent or otherwise wrongful act or omission of the City except:
a. to the extent authorized in subpart 2 regarding the issuance of a permit or the
inspection or enforcement of compliance with the permit;or
b. when otherwise provided in an applicable franchise agreement.
4. Remedy is Additional; Subrogation
A defense or indemnification of the City by a permittee is deemed not to be a waiver of any
defense or immunity otherwise available to the City.
A permittee,in defending any action on behalf of the City is entitled to assert every defense
or immunity that the City could assert in its own behalf.
407.28. ABANDONED AND UNUSABLE FACILITIES
1. Discontinued Operations.
A Registrant who has determined to discontinue all or a portion of its operations in the City
must provide information satisfactory to the City that the Registrant's obligations for its
Facilities in the Right-of-Way under this Chapter have been lawfully assumed by another
Registrant and locate and provide to the City a map which clearly identifies the facility and
also maintains it as a real property record.
2. Abandoned Facilities.
Facilities of a Registrant who fails to comply with Subd. 1 of this Section, and which, for
two (2) years, remains unused or one year after the passage of this Chapter, any Facilities
found in a Right-of-Way that have not been Registered with the City shall be deemed to be
abandoned. Abandoned Facilities are deemed to be a nuisance. The City may exercise any
remedies or rights it has as law or in equity, including, but not limited to, (i) abating the
nuisance, (ii)taking possession of the Facilities and restoring the Right-of-Way to a useable
condition, or (iii) requiring removal of the Facilities by the Registrant, or the Registrant's
successor in interest.
3. Removal.
Any Registrant who has unused, unusable and abandoned Facilities in any Right-of-Way
shall remove it from that Right-of-Way if required in conjunction with other right-of-way
repair, excavation or construction, unless this requirement is waived by the City or other
remedy agreed to.
407.29. APPEAL
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A Right-of-Way user that: (1)has been denied registration; (2)has been denied a permit; (3)has
had a permit revoked; or (; (4) believes that the fees imposed are not in conformity with
Minnesota Statutes, Section 237.163, subd. 6; or (5) disputes a determination of the Director
regarding Section 1.24, subd.2 of this ordinance may have the denial,revocation, fee imposition,
or decision reviewed, upon written request,by the City Council. The City Council shall act on a
timely written request at its next regularly scheduled meeting. A decision by the City Council
affirming the denial, revocation, or fee imposition will be in writing and supported by written
findings establishing the reasonableness of the decision.
40730. RESERVATION OF REGULATORY AND POLICE POWERS
A Permittee's or Registrant's rights are subject to the regulatory and police powers of the City
to adopt and enforce general ordinances necessary to protect the health, safety and welfare of
the public.
407.31. SEVERABILITY
If any portion of this Chapter is for any reason held invalid by any court of competent
jurisdiction,such portion shall be deemed a separate,distinct,and independent provision and
such holding shall not affect the validity of the remaining portions thereof.Nothing in this
Chapter precludes the City from requiring a franchise agreement with the Applicant,as allowed
by law,in addition to requirements set forth herein.
407.32. FEES
Any fees imposed under this Chapter shall be reviewed and adopted at least annually at the
same time and in the same manner as other fees established by the City.
At any time, in its discretion,the City expressly reserves the right to review the fees imposed in
this Chapter and, upon notice and public hearing,modify them if it is satisfied that such action
is necessary to reflect the cost of regulating and supervising the activities governed by this
Chapter.
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SECTION III: That Chapter 11 FEES be hereby amended as follows:
CODE SUBJECT FEE
407
407.07 Excavation Permit 350
Obstruction Permit $50
Small Wireless Facility Permit $150
Permit Extension Fee $20
Delay Penalty $125 week
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF ,2017.
Scott J.Lund,Mayor
ATTEST:
Debra A. Skogen,City Clerk
First Reading:
Second Reading:
Publication Date:
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AGENDA ITEM
CITY COUNCIL MEETING OF
DECEMBER 11, 2017
TO: Walter Wysopal, City Manager PW17-071
FROM: James Kosluchar, Public Works Director
Stacy Stromberg, Planner
DATE: December 8, 2017
SUBJECT: Resolution Approving a Standard Small Wireless Facility Collocation
Agreement
This item is presented in conjunction with a proposed text amendment to Chapter 205,
Telecommunications and Towers and Chapter 407 Rights-of-Way Management.
Legislation passed by the State of Minnesota in 2017 requires the City to have a standard
collocation agreement available to telecommunications providers if it requires collocation of
small wireless facilities with street lights, power poles, or other elements existing in its
rights-of-ways. In order to conform to the new statutory requirements, the League of
Minnesota Cities developed the attached standard small wireless facility collocation
agreement for use by Minnesota cities. The City Attorney and staff have reviewed the
template agreement, and are recommending its acceptance.
The approval of this agreement will enable staff to work with telecommunications providers
with certain terms for collocation,which will minimize the space used in public rights-of-way
and reduce visual pollution.
Staff is recommending that the City Council move to approve the attached Resolution
Approving a Standard Small Wireless Facility Collocation Agreement. If approved,
staff will use this agreement to share terms with telecommunications providers that intend
to establish small wireless facilities in the City of Fridley.
JPK/jk
Attachment
119
RESOLUTION NO. 2017 -
RESOLUTION APPROVING A STANDARD SMALL WIRELESS FACILITY
COLLOCATION AGREEMENT
WHEREAS, the telecommunications industry has a desire to improve wireless service through
deployment of small wireless facilities in public rights-of-way, and
WHEREAS, in 2017 the Minnesota Legislature approved requirements relating to small wireless
facilities, and
WHEREAS, the City of Fridley's public rights-of-way are an asset to the community and
reasonably limiting the occupation of public rights-of-way are in the best interest of the City of
Fridley, and
WHEREAS, one method of reasonably limiting the occupation of the City of Fridley's rights-of-
way and minimizing visual pollution is to promote collocation of small wireless facilities insofar
as practical, and
WHEREAS, Minnesota Statutes Section 237.163 requires that a local government unit that has
elected to set forth terms and conditions of collocation may do so in a standard small wireless
facility collocation agreement made available to telecommunications providers, and
WHEREAS, the League of Minnesota Cities has provided a template collocation agreement for
small wireless facilities consistent with Minnesota Statutes Section 237.163, and
WHEREAS, the City of Fridley attorney and staff has found the template collocation agreement
for small wireless facilities acceptable for its uses, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
ANOKA COUNTY, MINNESOTA:
1. The attached standard small wireless collocation agreement is hereby approved,
and
2. City staff shall use this agreement to establish small wireless facility collocation
terms with
telecommunicationsroviders of small wireless Bless facilities in the City of
Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11th DAY
OF DECEMBER, 2017.
ATTESTED SCOTT J. LUND - MAYOR
DEBRA A. SKOGEN - CITY CLERK
120
City of Fridley, Minnesota
Small Wireless Facility Collocation Agreement
This Small Wireless Facility Collocation Agreement (the "Agreement") is made this
day of , 20 , between the City of Fridley, a Minnesota local government unit,
with its principal offices located at 6431 University Ave., N.E. in Fridley, Minnesota 55432,
("Lessor") and , with its principal offices located at in
("Lessee"). Lessor and Lessee are collectively referred to as the "Parties" or individually as a
WHEREAS, the Federal Communications Act of 1934, as amended, authorizes Lessor to
manage and control access to and use of public rights-of-way within city limits; and
WHEREAS, Lessor has elected to manage its rights-of-way as authorized by Minnesota
Statues, Sections 237.162-.163 and Lessor's municipal code of ordinances (the"Code"); and
WHEREAS, this Agreement shall apply to the collocation of Small Wireless Facilities
(as hereinafter defined). "Collocate" or "collocation" means to install, mount, maintain, modify,
operate, or replace a small wireless facility on, under, within, or adjacent to an existing Wireless
Support Structure (as hereinafter defined) that is owned privately or by a local government unit;
and
WHEREAS, a "Small Wireless Facility" means: (1) a wireless facility, as defined by
Minnesota Statues, Section 237.162, subd. 13,that meets both of the following qualifications: (i)
each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the
case of an antenna that has exposed elements, the antenna and all its exposed elements could fit
within an enclosure of no more than six cubic feet; and (ii) all other wireless equipment
associated with the small wireless facility, excluding electric meters, concealment elements,
telecommunications demarcation boxes, battery backup power systems, grounding equipment,
power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of
power and other services, and any equipment concealed from public view within or behind an
existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or (2) a
micro wireless facility as defined by Minnesota Statues, Section 237.162, subd. 14;and
WHEREAS, Lessor owns or controls existing structures in the public right-of-way that
are designed to support or determined by Lessor as capable of supporting a Small Wireless
Facility("Wireless Support Structure"),which are located within the geographic area of a license
held by Lessee to provide wireless services; and
WHEREAS, Lessor has elected to set forth the terms and conditions of collocation on its
Wireless Support Structures, and Lessee desires to install, maintain and operate Small Wireless
Facilities on Lessor's Wireless Support Structures;and
WHEREAS, Lessor and Lessee desire to enter into this Agreement to define the general
terms and conditions which will govern their relationship with respect to the particular sites at
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which Lessee will collocate its Small Wireless Facilities on Lessor's Wireless Support
Structures; and
WHEREAS, Lessee shall compensate Lessor for the collocation of Small Wireless
Facilities on Lessor's Wireless Support Structures. The fees imposed by Lessor are (1) based on
the actual costs incurred by Lessor in managing the public rights-of-way; (2) based on an
allocation among all users of the public rights-of-way, including Lessor, which shall reflect the
proportionate costs imposed Lessor by each of the various types of uses of the public rights-of-
way; (3) imposed on a competitively neutral basis; and (4) imposed in a manner so that above
ground uses of public rights-of-way do not bear costs incurred by the local government unit to
regulate underground uses of public rights-of-way; and
WHEREAS, Lessor and Lessee acknowledge that they will enter into an agreement
supplement ("Supplement") in substantially the form attached hereto as Exhibit A, with respect
to each particular Wireless Support Structure on which Lessee will collocate; and
WHEREAS, this Agreement is not exclusive and Lessor reserves the right to grant
permission to other eligible and qualified entities to collocate Small Wireless Facilities in
Lessor's rights-of-way.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree as follows:
1. PREMISES. Pursuant to all of the terms and conditions of this Agreement and the
applicable Supplement, Lessor agrees to lease to Lessee certain space described in the applicable
Supplement upon Lessor's Wireless Support Structure in the public right-of-way (Lessor's
Wireless Support Structure, personal property,public right-of-way and surrounding real property
are hereinafter sometimes collectively referred to as the "Property"), for the installation,
operation and maintenance of Small Wireless Facilities; together with the non-exclusive right of
ingress and egress from a public right-of-way, seven (7) days a week, twenty four (24) hours a
day, over, under and through the Property to and from the Premises (as hereinafter defined) for
the purpose of installation, operation and maintenance of Lessee's Small Wireless Facilities. The
space leased by Lessor to Lessee described in the applicable Supplement is hereinafter
collectively referred to as the "Premises." The Premises may include, without limitation, certain
space on the ground (the "Equipment Space") on the Property, and space on the Wireless
Support Structure sufficient for the installation, operation and maintenance of antennas and other
equipment (the "Antenna Space") as described in the Supplement. Notwithstanding anything in
the Supplement to the contrary, the Premises under each Supplement shall include such
additional space necessary for the installation, operation and maintenance of wires, cables,
conduits, and pipes (the "Cabling Space") running between and among the various portions of
the Premises and to all necessary electrical and telephone utility, cable, and fiber sources located
within the Property. If there are not sufficient electric and telephone utility, cable, or fiber
sources located on the Property, Lessor agrees to grant Lessee, or the local utility, or fiber or
cable provider, upon Lessee's approval, the right to install any utilities, cable, and fiber on,
through, over, and under other properties owned or controlled by Lessor necessary for Lessee to
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operate its communications facility, provided the location of those utilities, cable, and fiber shall
be as reasonably designated by Lessor.Lessor's approval shall not be unreasonably withheld.
2. PLANS AND DRAWINGS. Before receiving approval from Lessor to install a
Small Wireless Facility on Lessor's Wireless Support Structures in public rights-of-way, Lessee
shall submit to the Director of Public Works or the Director's designee, detailed construction
plans and drawings for each individual location, together with maps, showing specifically the
Wireless Support Structures to be used,the number and character of the attachments to be placed
on such Wireless Support Structures, equipment necessary for the use,proposed replacement of
existing Wireless Support Structures, any additional Wireless Support Structures which may be
required and any new installations for transmission conduit, pull boxes, and related
appurtenances. The Director or the Director's designee shall determine whether to give Lessee
permission to proceed with the work as proposed by Lessee. Lessee shall perform all work at its
own expense and make attachments in such manner as to not interfere with the services of
Lessor.
3. CONDITION OF PROPERTY; ENGINEERING STUDY. Any expenses
necessary to make the Premises ready for Lessee's construction of its improvements shall be the
responsibility of Lessee. Lessee must obtain and submit to Lessor a structural engineering study
carried out by a qualified structural engineer showing the Wireless Support Structure and
foundation is able to support the proposed Small Wireless Facility. Lessor makes no warranties
or representations, express or implied, including warranties of merchantability or fitness for a
particular use, except those expressly set forth in this Agreement.
4. USE OF PUBLIC RIGHTS-OF-WAY.
A. Lessor hereby grants to Lessee the right to use the municipal public right-
of-way for the installation, maintenance and operation of Lessee's communications
equipment in and on the Wireless Support Structure located within the public right-of-
way.
B. All communications equipment shall be installed in accordance with
applicable Laws (as hereinafter defined) and Lessee shall comply with all laws,
ordinances, rules and regulations adopted by Lessor. Within the public rights-of-way, the
location of the communications equipment shall be subject to the reasonable and proper
regulation, direction and control of the Lessor, or the official to whom such duties have
been delegated by Lessor. Lessee shall have no ownership interest in any Wireless
Support Structure owned by Lessor.
C. Lessee and its authorized contractors shall give Lessor reasonable notice
of the dates, location, and nature of all work to be performed on its communications
equipment within the public rights-of-way. This Agreement shall allow Lessee to perform
all work on Lessee's communications equipment within the public rights-of-way, and to
park vehicles in the streets and other public rights-of-way when necessary for the
installation, replacement, abandonment, operation or maintenance of Lessee's
communications equipment. Following completion of work in the public rights-of-way,
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Lessee shall repair any affected public rights-of-way as soon as possible,but no later than
the time frame established in the applicable Supplement. No street, alley, highway, or
public place shall be encumbered for a longer period than shall be reasonably necessary
to execute the work authorized by the applicable Supplement and this Agreement.
D. Any damages to Lessor's Wireless Support Structures, equipment thereon
or other infrastructure caused by Lessee's installation or operations shall be repaired or
replaced at Lessee's sole cost and to Lessor's reasonable satisfaction.
5. STRUCTURE RECONDITIONING, REPAIR,REPLACEMENT.
A. From time to time, if Lessor paints,reconditions, or otherwise improves or
repairs the Wireless Support Structure in a substantial way ("Reconditioning Work"),
Lessor shall reasonably cooperate with Lessee to carry out Reconditioning Work
activities in a manner that minimizes interference with Lessee's approved use of the
Premises.
B. Prior to commencing Reconditioning Work, Lessor shall provide Lessee
with not less than ninety (90) days' prior written notice. Upon receiving that notice, it
shall be Lessee's sole responsibility to provide adequate measures to cover or otherwise
protect Lessee's equipment from the consequences of the Reconditioning Work,
including but not limited to paint and debris fallout. Lessor reserves the right to require
Lessee to remove all of Lessee's equipment from the Wireless Support Structure and
Premises during Reconditioning Work, provided the requirement to remove Lessee's
equipment is contained in the written notice required by this Section.
C. During Lessor's Reconditioning Work, Lessee may maintain a temporary
communications facility on the Property, or after approval by Lessor, on any land owned
or controlled by Lessor in the vicinity of the Property. If the Property will not
accommodate Lessee's temporary communications facility, or if the Parties cannot agree
on a temporary location,the Lessee, at its sole option, shall have the right to terminate the
applicable Supplement upon thirty(30)days written notice to Lessor.
D. Lessee may request a modification of Lessor's procedures for carrying out
Reconditioning Work in order to reduce the interference with Lessee's use of the
Premises. If Lessor agrees to the modification, Lessee shall be responsible for all
reasonable incremental cost related to the modification.
E. If Lessor intends to replace a Wireless Support Structure ("Replacement
Work"), Lessor shall provide Lessee with at least ninety (90) days' written notice to
remove its equipment. Lessor shall also promptly notify Lessee when the Wireless
Support Structure has been replaced and Lessee may re-install its equipment. During
Lessor's Replacement Work, Lessee may maintain a temporary communications facility
on the Property, or after approval by Lessor, on any land owned or controlled by Lessor
in the vicinity of the Property. If the Property will not accommodate Lessee's temporary
communications facility or if the Parties cannot agree on a temporary location, the
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Lessee, at its sole option, shall have the right to terminate the applicable Supplement
upon thirty(30)days written notice to Lessor.
F. If Lessor intends to repair a Wireless Support Structure due to storm or
other damage ("Repair Work"), Lessor shall notify Lessee to remove its equipment as
soon as possible. In the event of an emergency, Lessor shall contact Lessee by telephone
prior to removing Lessee's Equipment. Once the Wireless Support Structure has been
replaced or repaired, Lessor will promptly notify Lessee it can reinstall its equipment.
During Lessor's Repair Work, Lessee may maintain a temporary communications facility
on the Property, or after approval by Lessor, on any land owned or controlled by Lessor
in the vicinity of the Property. If the Property will not accommodate Lessee's temporary
communications facility, or if the Parties cannot agree on a temporary location, or if the
Pole(s) cannot be repaired or replaced within thirty (30) days, Lessee, at its sole
discretion, shall have the right to terminate the applicable Supplement upon thirty (30)
days' written notice to Lessor. However, at Lessee's sole option, within thirty (30) days
after the casualty damage, Lessor must provide Lessee with a replacement Supplement to
lease space at a new location upon which the Parties mutually agree. The monthly rental
payable under the new replacement Supplement will not be greater than the monthly
rental payable under the terminated Supplement.
G. If Lessee's installation requires a new Wireless Support Structure to be
constructed or an existing Wireless Support Structure to be replaced by Lessee (the
"Replacement Wireless Support Structure") then, any such Replacement Wireless
Support Structure, shall be deemed to be a fixture on the Property and the Replacement
Wireless Support Structure shall be and remain the property of the Lessor,without further
consideration to or from Lessor. Upon completion of Lessee's installation, Lessor shall
be responsible for any and all costs relating to the operation, maintenance, repair and
disposal of the Replacement Wireless Support Structure, unless such costs are due to the
improper or negligent installation by Lessee or contractor hired by Lessee. If the
Replacement Wireless Support Structure replaces an existing structure, then also as part
of Lessee's installation, Lessee shall remove, dispose, salvage and or discard the existing
structure at Lessee's sole discretion.
6. TERM; RENTAL. Each Supplement shall be effective as of the date of execution
by both Parties (the"Effective Date"), at which time rental payments shall commence and be due
at a total annual rental of$175.00 (the "Annual Rental"), representing $150.00 per year for rent
to occupy space on a Wireless Support Structure and $25.00 per year for maintenance associated
with the space occupied on a wireless support structure. Consistent with Minnesota Statutes
Sections 237.162-.163, the term of each Supplement shall be equal to the length of time that the
Small Wireless Facility is in use (the "Term"), unless the Supplement is terminated pursuant to
this Agreement. The annual rental for each Supplement shall be set forth in the Supplement and
shall be paid in advance annually on each anniversary of the Effective Date, in advance, to the
payee designated by Lessor in the Supplement, or to such other person, firm or place as Lessor
may, from time to time, designate in writing. Upon agreement of the Parties, Lessee may pay
rent by electronic funds transfer. Lessor hereby agrees to provide to Lessee the reasonable
documentation required for Lessee to pay all rent payments due to Lessor.
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7. ELECTRICAL. Lessor shall, at all times during the Term of each Supplement,
provide electrical service and telephone service access within the Premises. As provided by
Minnesota Statutes Sections 237.162-.163, an monthly fee for electricity used to operate the
Small Wireless Facility, if not purchased directly from a utility, shall be added to the annual rent
due under each Supplement at the rate of:
A. $73.00 per radio node less than or equal to 100 max watts;
B. $182.00 per radio node over 100 max watts; or
C. The actual costs of electricity, if the actual costs exceed the amount in
item(A)or(B).
The amount of any such annual fee shall be set forth in each Supplement.
Lessee shall be permitted at any time during the Term of each Supplement, to install,
maintain, and/or provide access to and use of, as necessary (during any power interruption at the
Premises), a temporary power source and a temporary installation of any other services and
equipment required to keep Lessee's communications facility operational, along with all related
equipment and appurtenances within the Premises, or elsewhere on the Property in such locations
as reasonably approved by Lessor. Lessee shall have the right to install conduits connecting the
temporary power source, and the temporary installation of any other services and equipment
required to keep Lessee's communications facility operational, and related appurtenances to the
Premises.
Alternatively, Lessee may purchase electricity directly from a utility provider.
8. ENGINEERING COSTS. The Parties acknowledge and agree that, pursuant to
Minnesota Statutes, Sections 237.162-.163, Lessor may charge the actual costs of the initial
engineering and preparatory construction work associated with Lessee's collocation in the form
of a onetime, nonrecurring, commercially reasonable, nondiscriminatory, and competitively
neutral charge. Lessee shall pay such reasonable costs within sixty (60) days of receipt of an
invoice that itemizes the costs.
9. USE. Lessee shall use the Premises for the purpose of constructing, maintaining,
repairing and operating Small Wireless Facilities and uses incidental thereto. Lessee shall have
the right, without any increase in rent, to replace or repair its utilities, fiber or cable, equipment,
antennas and/or conduits or any portion thereof, and the frequencies over which the equipment
operates. Any additions or material modifications shall require Lessor's approval and may be
subject to an increase in rent if allowed by law.
10. GOVERNMENTAL APPROVALS; PERMITS. It is understood and agreed that
Lessee's ability to use the Premises is contingent upon Lessee obtaining all of the certificates,
permits and other approvals (collectively the "Government Approvals") that may be required by
any Federal, State or Local authorities, as well as a satisfactory structural analysis that will
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permit Lessee use of the Premises as set forth above. Lessor shall cooperate with Lessee in its
effort to obtain the Governmental Approvals, and shall take no action which would adversely
affect the status of the Property with respect to the proposed use thereof by Lessee. Lessee shall
have the right to terminate the applicable Supplement if: (i) any of the applications for
Governmental Approvals is finally rejected; (ii) any Governmental Approval issued to Lessee is
canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority;
(iii) Lessee determines that the Governmental Approvals may not be obtained in a timely
manner; (iv) Lessee determines that the Premises is no longer technically compatible for its use;
or (v) Lessee, in its sole discretion, determines that the use of the Premises is obsolete or
unnecessary. Notice of Lessee's exercise of its right to terminate shall be given to Lessor in
accordance with the notice provisions set forth in Paragraph 20 and shall be effective upon the
mailing of that notice by Lessee,or upon such later date as designated by Lessee.All rentals paid
to the termination date shall be retained by Lessor. Upon such termination, the applicable
Supplement shall be of no further force or effect except to the extent of the representations,
warranties, and indemnities made by each Party to the other thereunder. Otherwise, the Lessee
shall have no further obligations for the payment of rent to Lessor for the terminated
Supplement.
11. INDEMNIFICATION. To the fullest extent permitted by law, Lessee agrees to
defend, indemnify and hold harmless Lessor, and its employees, officials, and agents from and
against all claims, actions, damages, losses and expenses, including reasonable attorney fees,
arising out of Lessee's negligence, misconduct, or Lessee's failure to perform its obligations
under this Agreement. Lessee's indemnification obligation shall apply to Lessee's contractors,
subcontractors, or anyone directly or indirectly employed or hired by Lessee, or anyone for
whose acts Lessee may be liable. Lessor will provide Lessee with prompt, written notice of any
written claim covered by this indemnification provision; provided that any failure of Lessor to
provide any such notice, or to provide it promptly, shall not relieve Lessee from its
indemnification obligations in respect of such claim, except to the extent Lessee can establish
actual prejudice and direct damages as a result thereof. Lessor will cooperate with Lessee in
connection with Lessee's defense of such claim. Lessee shall not settle or compromise any such
claim or consent to the entry of any judgment without the prior written consent of Lessor and
without an unconditional release of all claims by each claimant or plaintiff in favor of Lessor.
The indemnity obligation shall survive the completion or termination of this Agreement.
12. INSURANCE.
A. Waiver of Subrogation. To the extent allowed by law, Lessee hereby
waives and release any and all rights of action for negligence against Lessor which may
hereafter arise on account of damage to Lessee's property, resulting from any fire, or
other casualty of the kind covered by standard fire insurance policies with extended
coverage, regardless of whether or not, or in what amounts, such insurance is now or
hereafter carried by Lessee. This waiver and release shall apply between the Parties and
shall also apply to any claim asserted as a right of subrogation. All such policies of
insurance obtained by Lessee concerning its property shall waive the insurer's right of
subrogation against Lessor.
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B. General Liability. Lessee agrees that at its own cost and expense, it will
maintain commercial general liability insurance with limits not less than $2,000,000 per
occurrence; $4,000,000 annual aggregate, for bodily injury (including death) and for
damage or destruction to property. The policy shall cover liability arising from premises,
operations, products-completed operations, personal injury, advertising injury, and
contractually assumed liability. Lessee shall add the Lessor as an additional insured.
C. Automobile Liability. Lessee shall maintain commercial automobile
liability Insurance, including owned, hired, and non-owned automobiles,with a minimum
combined single liability limit of$2,000,000 per occurrence.
D. Workers' Compensation. Lessee agrees to provide workers' compensation
insurance for all its employees in accordance with the statutory requirements of the State
of Minnesota. Lessor shall also carry employers' liability insurance with minimum limits
as follows: $500,000 for bodily injury by disease per employee; $500,000 aggregate for
bodily injury by disease; and$500,000 for bodily injury by accident.
E. Additional Insurance Conditions.
(i) Lessee shall deliver to Lessor a certificate of insurance as evidence
that the above coverages are in full force and effect.
(ii) Lessee's policies shall be primary insurance and non-contributory
to any other valid and collectible insurance available to Lessor with respect to any
claim arising under this Agreement.
(iii) Lessee's policies and certificate of insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without
at least thirty (30) days' advanced written notice to Lessor, or ten (10) days'
written notice for non-payment of premium.
13. LIMITATION OF LIABILITY. Except for indemnification obligations pursuant
to Paragraph 11, neither Party shall be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights or
services, incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use of service, even if advised of the possibility of such damages,whether
under theory of contract,tort(including negligence), strict liability or otherwise.
14. INTERFERENCE. Lessee shall obtain a radio frequency interference study
carried out by an independent professional radio frequency engineer showing that Lessee's
intended use will not interfere with any current communication facilities which are located on or
near a Wireless Support Structure. Lessee shall not transmit or receive radio waves at the
Premises until such evaluation has been satisfactorily completed and approved by Lessor. Lessee
agrees to install equipment of the type and frequency which will not cause harmful interference
which is measurable in accordance with then existing industry standards to any equipment of
Lessor or other tenants of the Property which existed on the Property prior to the date the
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applicable Supplement is executed by the Parties. In the event any after-installed Lessee's
equipment causes such interference, and after Lessor has notified Lessee of such interference,
Lessee will take all commercially reasonable steps necessary to correct and eliminate the
interference, including but not limited to, at Lessee's option, powering down such interfering
equipment and later powering up such interfering equipment for intermittent testing. If the
interference continues for a period in excess of 48 hours following such notification, Lessor shall
have the right to require Lessee to reduce power, and/or cease operations until such time Lessee
can make repairs to the interfering equipment. In no event will Lessor be entitled to terminate a
Supplement or relocate the Equipment as long as Lessee is making a good faith effort to remedy
the interference issue. Lessor agrees that Lessor and/or any other users of the Property who
currently have or in the future take possession of the Property will be permitted to install only
such equipment that is of the type and frequency which will not cause harmful interference
which is measurable in accordance with then existing industry standards to the then existing
equipment of Lessee. If Lessee determines, in its reasonable discretion, that Lessor's equipment
or any other user's equipment permitted by Lessor is causing interference, Lessor shall, upon
written communication from Lessee to Lessor take all reasonable steps necessary to correct and
eliminate the interference, including causing other users causing such interference to correct and
eliminate the interference. If the interference continues for a period in excess of 48 hours
following the notification, Lessor shall, or shall require any other user to, reduce power and/or
cease operations until such time as Lessor, or the other user, can make repairs to the interfering
equipment. The Parties acknowledge that there will not be an adequate remedy at law for
noncompliance with the provisions of this Paragraph and therefore, either Party shall have the
right to equitable remedies, such as, without limitation, injunctive relief and specific
performance.
15. REMOVAL. Lessee shall, within sixty (60) days after expiration of the Term, or
any earlier termination of a Supplement, or an abandonment of it facilities, remove its
equipment, conduits, fixtures and all personal property and restore the Premises to its original
condition, reasonable wear and tear excepted, at Lessee's sole cost and expense. Lessor agrees
and acknowledges that all of the equipment, conduits, fixtures and personal property of Lessee
shall remain the personal property of Lessee and Lessee shall have the right to remove the same
at any time during the Term,whether or not said items are considered fixtures and attachments to
real property under applicable Laws. If the time for removal causes Lessee to remain on the
Premises after termination of the Supplement, Lessee shall pay rent at the then-existing monthly
rate, until such time as the removal of the equipment, fixtures and all personal property are
completed. If Lessee fails to remove its facilities within the required time period, Lessor reserves
the right to remove the facilities and charge Lessee for the full cost of the removal and storage
charges.
16. RIGHTS UPON SALE. If, at any time during the Term of any Supplement,
Lessor decides: (i) to sell or transfer all or any part of the Property or the Wireless Support
Structure thereon to a purchaser other than Lessee, or(ii)to grant to a third party by easement or
other legal instrument an interest in that portion of the Property occupied by Lessee, or a larger
portion thereof, for the purpose of operating and maintaining communications facilities or the
management thereof, that sale or grant of an easement or interest therein shall be subject to the
Supplement, and any such purchaser or transferee must recognize Lessee's rights hereunder and
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under the terms of the affected Supplement(s). If Lessor completes any such sale, transfer, or
grant described in this paragraph without executing an assignment of the Supplement in which
the third party agrees in writing to assume all obligations of Lessor under the Supplement, then
Lessor shall not be released from its obligations to Lessee under the Supplement, and Lessee
shall have the right to look to Lessor and the third party for the full performance of the
Supplement.
17. QUIET ENJOYMENT AND REPRESENTATIONS. Lessor covenants that
Lessee, on paying the rent and performing the covenants herein and in a Supplement, shall
peaceably and quietly have, hold and enjoy the Premises. Lessor represents and warrants to
Lessee as of the execution date of each Supplement, and covenants during the Term, that Lessor
is has good and sufficient title and interest to the Property, and has full authority to enter into and
execute the Supplement. Lessor further covenants during the Term that there are no liens,
judgments or impediments of title on the Property, or affecting Lessor's title to the same and that
there are no covenants, easements or restrictions that prevent or adversely affect the use or
occupancy of the Premises by Lessee as provided in this Agreement and in the applicable
Supplement(s).
18. ASSIGNMENT. This Agreement and each Supplement under it may be sold,
assigned or transferred by the Lessee without any approval or consent of the Lessor to the
Lessee's principal, affiliates, subsidiaries of its principal, or to any entity which acquires all or
substantially all of Lessee's assets in the market defined by the FCC in which the Property is
located by reason of a merger, acquisition or other business reorganization. As to other parties,
this Agreement and each Supplement may not be sold, assigned or transferred without the
written consent of the Lessor, which consent will not be unreasonably withheld, delayed or
conditioned.
19. NOTICES. All notices hereunder must be in writing and are validly given if sent
by certified mail, return receipt requested, or by commercial courier, provided the courier's
regular business is delivery service and provided further that it guarantees delivery to the
addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows or to any other address that the Party to be notified may have designated:
Lessor: City of Fridley
Attention:
6431 University Ave.,N.E.
Fridley, Minnesota 55432
Lessee:
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant
to the foregoing.
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20. DEFAULT. If there is a breach by a Party with respect to any of the provisions of
this Agreement, or under the provisions of an individual Supplement, the non-breaching Party
shall give the breaching Party written notice of that breach. After receipt of the written notice,
the breaching Party shall have thirty (30) days in which to cure the breach, provided the
breaching Party shall have such extended period as may be required beyond the thirty (30) days
if the breaching Party commences the cure within the thirty (30) day period and thereafter
continuously and diligently pursues the cure to completion, but in no event more than ninety(90)
calendar days after receipt of written notice. The non-breaching Party may not maintain any
action or effect any remedies for default against the breaching Party unless and until the
breaching Party has failed to cure the breach within the time periods provided in this Paragraph.
Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement, or
under an individual Supplement if Lessor fails,within five(5)days after receipt of written notice
of such breach,to perform an obligation required to be performed by Lessor, and if the failure to
perform that obligation interferes with Lessee's ability to conduct its business in the Premises;
provided, however, that if the nature of Lessor's obligation is such that more than five (5) days
after notice is reasonably required for its performance, then it shall not be a default under this
Agreement or the applicable Supplement if performance is commenced within such five (5) day
period and thereafter diligently pursued to completion, but in no event more than fifteen (15)
calendar days after receipt of written notice. Lessor and Lessee agree that a default under an
individual Supplement does not constitute a default under this Agreement.
21. DISPUTE RESOLUTION. Subject to the provisions of Paragraph 20, the Parties
shall cooperate and use their best efforts to ensure that the various provisions of the Agreement
are fulfilled. The Parties agree to act in good faith to undertake resolution of disputes, in an
equitable and timely manner and in accordance with the provisions of this Agreement. If disputes
cannot be resolved informally by the Parties,the following procedures shall be used:
A. Whenever there is a failure between the Parties to resolve a dispute on
their own, the Parties shall first attempt to mediate the dispute. The parties shall agree
upon a mediator, or if they cannot agree, shall obtain a list of court-approved mediators
from the Anoka County District Court Administrator and select a mediator by alternately
striking names until one remains. Lessor shall strike the first name followed by Lessee,
and shall continue in that order until one name remains.
B. If the dispute is not resolved within thirty (30) days after the end of
mediation proceedings,the Parties may pursue any legal or equitable remedy.
22. CASUALTY. In the event of damage by fire or other casualty to the Property that
cannot reasonably be expected to be repaired within forty-five (45)days following same or, if the
Property is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt Lessee's operations at the Premises for more than forty-five (45) days, then Lessee may,
at any time following such fire or other casualty, provided Lessor has not completed the
restoration required to permit Lessee to resume its operation at the Premises, terminate the
Supplement upon fifteen (15) days' prior written notice to Lessor. Any such notice of
termination shall cause the Supplement to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of the Supplement
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and the Parties shall make an appropriate adjustment, as of such termination date, with respect to
payments due under the Supplement. Notwithstanding the foregoing, the rent shall abate during
the period of repair following such fire or other casualty in proportion to the degree to which
Lessee's use of the Premises is impaired.
23. APPLICABLE LAWS. Laws means any and all laws, regulations, ordinances,
resolutions, judicial decisions, rules, permits and approvals applicable to the subject of this
Agreement or Lessee's use that are in force during the term of this Agreement, as lawfully
amended including, without limitation, Lessor's city Code. Lessee and Lessor shall comply with
all applicable Laws. This Agreement does not limit any rights Lessee may have in accordance
with Laws to install its own poles in the right of way or to attach Lessee's equipment to third-
party poles located in the right of way. This Agreement shall in no way limit or waive either
party's present or future rights under Laws. If, after the date of this Agreement, the rights or
obligations of either Party are materially altered, preempted, or superseded by changes in Laws,
the parties agree to amend the Agreement and/or Supplement to reflect the change in Laws.
24. GOVERNMENT DATA. The Parties acknowledge and agree that this Agreement
is considered public data not on individuals and is accessible to the public under Minnesota
Statutes, Section 13.03. Lessee and Lessor agrees to abide by the applicable provisions of the
Minnesota Government Data Practice Act, Minnesota Statues, Chapter 13, and all other
applicable state or federal rules,regulations or orders pertaining to privacy or confidentiality.
25. GENERAL PROVISIONS.
A. Entire Agreement. This Agreement supersedes any prior or
contemporaneous representations or agreements, whether written or oral, between the
Parties and contains the entire agreement.
B. Captions. Captions contained in this Agreement are for reference only, and
therefore,have no effect in construing this Agreement.
C. Ambiguities. If any term of this Agreement is ambiguous, it shall not be
construed for or against any Party on the basis that the Party did or did not write it.
D. Amendments. Any modification or amendment to this Agreement shall
require a written agreement signed by both Parties.
E. Third Party Rights. This Agreement is not a third party beneficiary
contract and shall not in any respect whatsoever create any rights on behalf of any person
or entity not expressly a party to this Agreement.
F. Nondiscrimination. In the hiring of employees or contractors to perform
work under this Agreement, Lessee shall not discriminate against any person by reason of
any characteristic or classification protected by State or Federal law.
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G. Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Minnesota. The venue for all proceedings related
to this Agreement shall be in Anoka County,Minnesota.
H. Waiver. The failure of either Party to insist upon strict performance of any
of the terms or conditions of this Agreement or the waiver by either Party of any breach
or failure to comply with any provision of this Agreement by the other Party shall not be
construed as, or constitute a continuing waiver of such provision or a waiver of any other
breach of or failure to comply with any other provision of this Agreement.
I. Force Majeure. Except for payment of sums due, neither Party shall be
liable to the other or deemed in default under this Agreement, if and to the extent that a
Party's performance is prevented by reason of force majeure. "Force majeure" includes
war, an act of terrorism, fire, earthquake, flood and other circumstances which are
beyond the control and without the fault or negligence of the Party affected and which by
the exercise of reasonable diligence the Party affected was unable to prevent.
J. Further Assurances. From and after the execution of this Agreement, the
parties shall fully cooperate with each other and perform any further act(s) and execute
and delivers any further documents which may be necessary in order to carry out the
purposes and intentions of this Agreement.
K. Savings Clause. If any court finds any portion of this Agreement to be
contrary to law, invalid, or unenforceable,the remainder of the Agreement will remain in
full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, each of
which shall be deemed an original, and which taken together shall be deemed to be one
and the same document.
[The remainder of this page was intentionally left blank.]
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IN WITNESS WHEREOF,the Parties, have caused this Agreement to be approved on the date
above.
Lessor:
City of Fridley
By:
Name:
Its: Mayor
Date:
By:
Name:
Its: City Manager
Date:
Lessee:
By:
Name:
Its:
Date:
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EXHIBIT A
COLLOCATION AGREEMENT SUPPLEMENT
This Collocation Agreement Supplement ("Supplement"), is made this day of
20 between the City of Fridley, a Minnesota local government unit, with its
principal offices located at 6431 University Ave., N.E. in Fridley, Minnesota 55432, ("Lessor")
and ,with its principal offices located in ("Lessee").
1. SMALL WIRELESS FACILITY COLLOCATION AGREEMENT. This
Supplement is a Supplement as referenced in that certain Small Wireless Facility Collocation
Agreement between the City of Fridley and , dated , 20 , (the
"Agreement"). All of the terms and conditions of the Agreement are incorporated herein by
reference and made a part hereof without the necessity of repeating or attaching the Agreement.
In the event of a contradiction, modification or inconsistency between the terms of the
Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms
used in this Supplement shall have the same meaning described for them in the Agreement
unless otherwise indicated herein.
2. PREMISES. Lessor hereby leases to Lessee certain spaces on and within Lessor's
Property located at , including the location of the Wireless Support Structure on the
Property is shown on Exhibit 1 attached hereto and made a part hereof. The Equipment Space,
Antenna Space and Cabling Space are as shown on Exhibit 2, attached hereto and made a part
hereof.
[Insert the site address in the blank]
3. TERM. The Effective Date and the Term of this Supplement shall be as set forth
in the Agreement.
4. CONSIDERATION. Rent under this Supplement shall be $175.00 per year,
payable to the City of at as set forth in the Agreement
[Insert the city address in the second blank.]
If Lessor is providing electricity pursuant to Paragraph 7 of the Agreement, an annual
electrical service fee shall be added to the annual rent due under this Supplement.
5. SITE SPECIFIC TERMS.
[In this section include any site-specific terms, including whether Lessee will be installing a Replacement
Wireless Support Structure.]
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IN WITNESS WHEREOF,the Parties,have caused this Agreement to be approved on
the date above.
Lessor:
City of Fridley
By:
Name:
Its: Mayor
Date:
By:
Name:
Its: City Manager
Date:
Lessee:
By:
Name:
Its:
Date:
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EXHIBIT 1
Site Plan of Property
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137
EXHIBIT 2
Equipment Space(if any),Antenna Space and Cabling Space
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, ir AGENDA ITEM
CITY COUNCIL MEETING OF
DECEMBER 11, 2017
INFORMAL STATUS REPORTS
139