02/12/2019 - City Council SpecialSPECIAL CITY COUNCIL MEETING
TUESDAY
FEBRUARY 12, 2019
5:30 P.M.
EAGAN ROOM—EAGAN MUNICIPAL CENTER
AGENDA
I. ROLL CALL AND ADOPTION OF THE AGENDA
II. VISITORS TO BE HEARD
III. MICRO/SMALL CELL UPDATE
IV. PUBLIC WORKS DEPARTMENT - RESPONSIBILITIES & SERVICE LEVELS
V. OTHER BUSINESS
VI. ADJOURNMENT
Agenda Information Memo
February 12, 2019 Eagan Special City Council Workshop
III. Micro/Small Cell Wireless - Update
Action To Be Considered:
Receive an update on the status of micro/small cell wireless antenna Installations within the
public right-of-way by private telecommunication companies within the City’s boundaries.
Facts:
Private wireless and cellular service providers orchestrated Minnesota legislation
(Minnesota Statute 237.163) in 2017 that limited regulation of their access to the public
right-of-way (ROW) for the installation of “small cell wireless” equipment and
distributed antenna systems.
In September 2018, the Federal Communications Commission (FCC) further limited the
regulatory authority of the ROW manager regarding the installation of micro/small cell
wireless amenities across the United States.
The legislation and related FCC action impact the ability of Eagan staff to manage the
ROW and consider elements of public health, safety, welfare and aesthetics with regards
to micro/small cell wireless antenna Installations within the ROW.
The Public Works Department has the responsibility of management of the City’s public
right-of-way. The specified accessibility to public ROW for micro/small cell wireless is
concerning, specifically with regards to public safety and aesthetics. There are also
equity concerns as it relates to all other private parties allowed to use the public ROW.
The use of the new technology that will be accommodated by the micro/small cell
wireless facilities is beneficial and should be supported as an enhancement of mobile
technology. It is unfortunate that the City has been limited in its ability to manage said
use of the ROW.
ROWs are a limited resource and cities are responsible for making sure that resource is
properly and consistently maintained. City taxpayers look to their own communities to
protect public assets such as the ROW.
The incorporation of the standards for micro/small cell wireless facilities required by the
state legislation or FCC in to the City’s ordinance relevant to management of the ROW
would be appropriate for consistency.
The City has until April 15 to approve specific ordinance revisions to enable aesthetic
regulations upon all ROW users, including micro/small cell wireless providers. The
proposed “aesthetic standards” are the final aspects of regulation regarding micro/small
cell ROW installations that the City still maintains and would address the following:
o number of facilities collocated on a single structure
o spacing or number of facilities per linear feet/distance
The City Council may anticipate the opportunity to act on proposed ordinance language
revisions to Section 7.06 at the February 19 Council meeting.
Attachments (1)
III-1 Draft Ordinance
ORDINANCE NO. ____ 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER 7 ENTITLED “STREETS AND SIDEWALKS GENERALLY” BY
AMENDING SECTION 7.06 REGARDING PLACEMENT OF SMALL WIRELESS
FACILITIES IN PUBLIC RIGHT-OF-WAY AND OTHER MISCELLANEOUS PROVISIONS
The City Council of the City of Eagan does ordain:
Section 1. Chapter 7 of the Eagan City Code is hereby amended to revise Section 7.06, to
read as follows:
Sec. 7.06. - Public right-of-way regulations.
Subd. 1. Application and scope. This section shall apply exclusively to excavations and
obstructions within public rights-of-way by any person who owns or controls, or intends to
own or control, any utility service facility therein. All other excavations or obstructions are
regulated elsewhere in this Code.
Subd. 2. Definitions. The following words, terms and phrases, as used herein, shall have the
following meanings:
Abandoned facility means: (1) a facility no longer in service or physically disconnected
from any other facility that is in use or still carries service; and that is deemed abandoned by
the owner of the facility.
Applicant means any public right-of-way user required to obtain a permit under this
section.
City means City of Eagan, Minnesota.
City Management Costs. The actual costs incurred by the city for public right-of-way
management, including, but not limited to, costs incurred in connection with the registration
process, the right-of-way excavation or obstruction permit process, the small wireless
facility conditional use permit, if any, process, the inspection of project work and restoration
and enforcement and correction of non-complying project work, mapping of public right-of-
way users and maintenance and regulation of public right-of-ways occupied by public right-
of-way users. Management costs do not include payment by a public right-of-way user for
the use of the right-of-way, unreasonable fees of a third-party contractor used by a local
government unit as part of managing its public right-of-way, including but not limited to
any third-party contractor fee tied to or based upon customer counts, access lines, revenue
generated by the public right-of-way user, or a local government unit, or the fees and cost of
litigation relating to the interpretation of the act or any ordinance enacted under the act, or
the city fees and costs related to appeals taken pursuant to this Chapter.
Collocate or Collocation. Install, mount, maintain, modify, operate, or replace a small
wireless facilit y on, under, within, or adjacent to an existing wireless support structure that
is owned privately or by the City or other local government unit.
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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 or disturbance did not occur.
Degradation cost subject to Minnesota Rules 7819.1100 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.
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 cost.
Director means the City of Eagan Director of Public Works and his/her designee.
Emergency means a condition that (1) immediately endangers the life or safety of
persons; (2) cause an immediate threat of significant loss or injury to property; or (3)
requires immediate repair or replacement in order to restore service to customers.
Equipment means anything tangible used to install, repair or maintain facilities in any
public right-of-way.
Excavate or excavation means to dig into or in any way remove or physically disturb or
penetrate any public right-of-way ground surface, or any portion thereof.
Excavation permit means a permit which is issued by the City authorizing the permittee
to excavate in a public right-of-way as specifically described in the permit.
Facility or facilities means anything tangible, including equipment, which is required to
provide utility services, including wireless services.
Hole means an excavation having a length that is equal to or less than the width of the
public right-of-way for the section of the roadway where the work is occurring.
Local representative means a person or designee of such person authorized by a public
right-of-way user to accept service and to act and make decisions regarding matters within
the scope of this Section on behalf of the public right-of-way user.
Micro Wireless Facility. 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.
Obstruct or obstruction means to place or the placement of any object or material within
a public right-of-way, or to remove or the removal of an existing structure, or any portion
thereof, from a public right-of-way, for an aggregate period of eight (8) hours or. The term
obstruction includes any operation or parking of a motor vehicle, trailer, or equipment
within or on boulevards, sidewalks, trails, or other public property within a public right of
way other than the vehicular traffic portion thereof. shall lies.
Obstruction permit means a permit which is issued by the City authorizing the permittee
to obstruct a public right-of-way as specifically described in the permit, including the
specified portion of the right of way, the permitted equipment, material, or other object, the
permitted duration of the obstruction, and the permitted work/activity within the right-of-
way.
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Patch or patching means a method of roadway surface replacement or restoration that
consists of: (1) the compaction of the sub-base and aggregate base; and (2) the replacement,
in kind, of the existing roadway surface for a minimum of two (2) feet beyond the edges of
the excavation in all directions.
Permittee means a person to whom an excavation or obstruction permit has been issued
by the City under this Section.
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.
Project or project work means any activity, including construction, reconstruction,
installation, maintenance, relocation, or replacement of any facility or a public right-of-way
in which the facility is located and restoration of the public right-of-way that is regulated
under this Section.
Public right-of-way or public rights-of-way means the surface, air space above the
surface and the area below the surface of any public street, highway, lane, path, alley,
sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway,
skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters
within the City owned by or under control of the City, or dedicated or otherwise conveyed to
the City for general public use, including, but not limited to, any riparian right, which,
consistent with the purposes for which it was created, obtained or dedicated, may be used for
the purpose of installing, operating and maintaining utility service facilities No reference
herein to a "public right-of-way" shall be deemed to be a representation or guarantee by the
City that its interest or other right to control or use such property is sufficient to permit its
use for the purpose of installing, operating and maintaining utility service facilities.
Public right-of-way user means any person or entity which owns or controls a facility
that is located, or is sought or intended to be located, in a public right-of-way including
persons who have installation and maintenance responsibilities by contract, lease, sublease
or assignment.
Restore or restoration means the process, including patching, by which a public right-
of-way and surrounding area, including pavement and foundation, is returned to the same
condition that existed before any project work.
Restoration cost means the amount of money paid to the City by a permittee to meet
restoration requirements in accordance with plates 1 to 13 of the PUC rules.
Service or Utility Service means:
(1) Those services provided by a public utility as defined in Minnesota Statutes:
(2) Services of a telecommunications right-of-way user, including transporting of
voice or data information;
(3) Services of a cable communications system as defined in Minnesota Statutes;
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(4) Services of natural gas or electric energy or telecommunications, including
wireless services;
(5) Services provided by a cooperative electric association organized under
Minnesota Statutes; and
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,
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 twenty-eight (28) cubic feet in
volume; or
(2) a micro wireless facility.
Trench means an excavation in the roadway surface having a length that is equal to or in
excess of the width of the roadway or sections of roadway where the work is occurring.
Utility Pole means a pole that is used in whole or in part to facilitate telecommunications
or electric service.
Wireless Facility means:
(a) 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 configuration; and
(3) a small wireless facility.
(b) Wireless facility does not include:
(1) wireless support structures;
(2) wireline backhaul facilities; or
(3) coaxial or fiber-optic cables (i) between utility poles or wireless support structures,
or (ii) 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
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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.
Wireline Backhaul Facility means a facility used to transport communications data by
wire from a wireless facility to a communications network.
Utility service means services provided by: (1) a public utility as defined in Minnesota
Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm
communications, water, sewer, electricity, light, heat, cooling energy, or power services; (3)
a corporation organized for the purposes set forth in Minnesota Statutes; (4) a district
heating or cooling system; or (5) a cable communication systems as defined in Minnesota
Statutes.
Subd. 3. Franchises.
The City may, in addition to the requirements of this Section, require any public utility or
cable operator who has or seeks to have facilities or equipment located in any public
right-of-way to obtain a franchise.
Subd. 4. Registration requirement.
A. Registration. As of the effective date of this chapter, any public right-of-way user,
including any person or entity with installation and maintenance responsibilities by
lease, sublease, collocation agreement or assignment, which owns or controls a facility
within any public right-of-way, or any portion thereof, shall register with the city.
Registration shall be deemed completed upon the public right-of-way user submitting to
the city a completed registration form furnished by the city and paying the registration
fee. A right-of-way user is required to update its registration within 60 days of any
change of the information contained in a current registration statement.
B. Transfer of ownership or interest. Whenever any public right-of-way user transfers,
sells, assigns or otherwise conveys ownership or interest in facilities or equipment to
another person, the registered public right-of-way user shall notify the City of the date
of the conveyance and the name of the transferee within 30 days of the conveyance.
Subd. 5. Permit requirement.
A. Permit required. Except as otherwise provided in this code, no person or public right-
of-way user may obstruct or excavate any public right-of-way or install or collocate a
small wireless facility or support structure without first having obtained the appropriate
permit from the city unless another reporting process is approved by the Director or
his/her designee. An excavation permit is required for any excavation. An obstruction
permit is required for any obstruction in connection with the installation, relocation,
operation or maintenance of a utility service. A person seeking to install a new wireless
support structure for the siting of a small wireless facility in a right-of-way in a district
or areas zoned for or allowing single family residential uses, or in an established
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historic district, is also required to apply for and obtain a conditional use permit under
Chapter 11 of this Code.
Any public right-of-way user, which owns or controls a facility within any public right-
of-way, or any portion thereof, on the effective date of this Section, that subsequently
excavates or otherwise obstructs any public right -of-way, or any portion thereof, shall
first obtain a permit therefor as required under this Section
B. Permit applications.
1. An application for a permit shall be on a form furnished by the City and completed
and submitted to the City with the following information:
a. The applicant's name; applicant’s Gopher One-Call registration certificate
number; business mailing and headquarter location address; e-mail address;
telephone number; and facsimile number.
b. The local representative's name; address; e-mail address; telephone number;
facsimile number; and current information regarding how to contact the local
representative in an emergency.
c. The name, address and telephone number of the person(s) or entities, other
than the applicant, to perform the project work or any portion thereof.
d. A certificate of insurance or self-insurance verifying the coverage as required
in this Section.
e. All mapping data and information in form and substance as required in this
Section, except a registrant who is not applying for an excavation or
obstruction permit need not provide this information.
f. A detailed description and drawing to a scale as required by the City of the
proposed project and project work, including identification of the obstructions
to be placed, the size and depth of any excavation, the schedule for
commencement and completion of the proposed project, and the location and
size of any trees impacted in the designated work area.
2. Permits for multiple telecommunications facilities, including small wireless
facilities, may be filed in consolidated applications as required by state law (M.S.
§237.163, Subd. 3a). Permit applications that propose collocation of facilities shall
indicate to extent practicable the owner of the other facility or facilities, and if the
City is the owner of those facilities, the application shall include a request for a
collocation agreement using a form and providing such information as required by
the City.
C. Issuance or Denial of permit.
1. Except as otherwise provided herein for small wireless facility permits, if the
applicant has satisfied the requirements of this Section, the cit y shall issue a permit
within ninety (90) days of receiving a completed application, or shall provide written
reasons for denial of the application if the city believes the requirements have not been
satisfied, unless that time period is extended or tolled as specified in state law, (M. S.
§237.163, Subd. 3c). If the city receives applications within a single seven-day period
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from one or more applicants seeking approval of permits for more than 30 small
wireless facilities, the city may extend the 90 -day deadline by an additional 30 days. If
the city elects to invoke this extension, it must inform in writing any applicant to whom
the extension will be applied.
2. For applications related to placement of small wireless facilities, the deadline for
the City’s action on each application will be in accordance with FCC Rules and
regulations. As in effect as of December 31, 2018, the City will review and act on an
application for collocation of a small wireless facility on an existing support structure
no later than 60 days from date of receipt of complete application and an application for
placement of a small wireless facility on a new support structure no later than 90 days
from date of receipt of complete application. If the applicant has satisfied the
requirements of this Section, then a permit will be issued; otherwise the City shall
provide written reasons for denial of the application.
The City may deny a permit for the following reasons;
1. The applicant failed to fully comply with the application requirements herein.
2. The City has initiated revocation of a prior permit issued under this Section against
the applicant.
3. The applicant has violated within the past two years any requirements of this
Section.
4. The time schedule for the project will conflict or interfere with a community
exhibition, celebration, festival or any other similar community event in the area of
the project.
5. The time schedule for the project conflicts with scheduled public improvement of
the public right-of-way.
6. The proposed project violates a provision of this Code.
7. The proposed project is adverse to the public health, safety and welfare, by
interfering with the safety and convenience of ordinary travel over the public right-
of-way, or endangers the public right-of-way and its users based on one or more of
the following factors:
(a) The extent of public right-of-way area available;
(b) The competing demands for the particular proposed area space in the public
right-of-way;
(c) The availability of other locations in the public right-of-way or in other
public rights-of-way for the facility(s) or equipment of the permit applicant;
(d) The applicability of an ordinance or other regulation t hat affect the location
of a facility or equipment in the public right-of-way;
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(e) The applicant's prior compliance with the terms and conditions of its
franchise, this Section and other applicable ordinances and regulations;
(f) The condition and age of the public right-of-way and the City's scheduled
reconstruction thereof; and
(g) The costs of disruption to the public and damage to the public right-of-way
balanced against any benefits to the public served by an expansion into
additional parts of the public right-of-way for facilities or equipment.
3. The city may deny a permit for failure to meet the requirements and conditions of
this Section or if the city determines that the denial is necessary to protect the public
health, safety, and welfare or when necessary to protect the right of way and its current
and future use. The city may deny a permit if the public right-of-way user has failed to
comply with previous permit conditions. The city may withhold issuance of a permit until
conditions of previous permits are met.
The denial of a 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 a permit. If an application is denied, the applicant may address the
reasons for denial identified by the city and resubmit its application. If the application is
resubmitted within thirty (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.
4. Permit applications that propose collocation of facilities on city-owned poles,
buildings, or other structures owned or under the control of the city shall be authorized by
the Council upon terms and conditions established by the Council. A wireless service
provider that is granted authority to collocate small wireless facilities on wireless support
structures owned or controlled by the city and located within the public roads or rights-
of-way is required to enter into a standard small wireless facility collocation agreement,
but not an individual license, franchise, or other similar agreement with the local
government unit or any other entity.
Any initial engineering survey and preparatory construction work associated with
collocation must be paid by the cost causer in the form of a onetime, nonrecurring,
commercially reasonable, nondiscriminatory, and competitively neutral charge to recover
the costs associated with a proposed attachment.
Subd. 6. Conditions of permit and registration.
1. All permits issued and all registrations made under this Section shall be subject to the
following requirements:
A. All permits issued under this Section or a copy of the permit shall be conspicuously
displayed or otherwise available at all times at the indicated project work site and shall
be available for inspection immediately upon request by the director or his/her
designee.
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B. If the obstruction or excavation of the public right-of-way begins later or ends sooner
than the dates specified in the permit, the permittee shall promptly notify the director.
C. Installation, placement, location, and relocation of equipment and facilities shall
comply with all federal, state and local laws.
D. Public right-of-way restoration shall be in accordance with the restoration regulations
set forth in this Section.
E. Installation of all underground utilities shall be in accordance with the underground
utilities regulations set forth in this Section and all other applicable federal, state and
local laws.
F. Precautions shall be taken as are necessary to avoid creating unsafe or unsanitary
conditions and a permittee shall not obstruct a public right-of-way, except as expressly
authorized by the permit, so as to hinder the natural free and clear passage of water
through the gutters or other waterways. Personal vehicles of those doing work in the
public 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.
G. Project operations and work shall be conducted in a manner so as to insure the least
obstruction to and interference with present and continued use of the public right-of-
way.
H. Precautions shall be taken to assure the safety of the general public, employees,
invitees and those who require access to abutting property, including appropriate
signage.
I. The permittee shall notify abutting property owners with a 48-hour written notice prior
to commencement of any project work that may disrupt the use of and access to the
abutting property.
J. The permittee involved in underground projects shall register with Gopher State One
Call and comply with the requirements thereof.
K. The permittee shall comply with the Uniform Traffic Manual for Traffic Control at all
times during any project work and shall protect and identify excavations and work
operations with barricade flags in the daylight hours and by warning lights at dusk and
night.
L. The permittee shall comply with all conditions of the permit.
M. When any trail or drive has been cut, the appropriate signage must be kept in place
and maintained until restoration is complete.
N. The permittee shall provide proper trench protection as required by O.S.H.A. to
prevent any cave-in; injury to property or persons; or enlargement of the excavation.
O. Excavations, trenches and jacking pits off the roadway surface area or adjacent to the
roadway or curbing shall be sheathed and braced. When unattended, all excavations,
trenches and jacking pits shall be protected to prevent surface drainage.
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P. The permittee shall protect the root growth of significant trees and shrubbery located
within the public right-of-way and adjacent thereto.
Q. The permittee shall coordinate project work and installation of facilities in co-locations
involving other public right-of-way users.
R. The permittee shall maintain access to all properties and cross streets during project
work, including emergency vehicle access.
S. The permittee shall physically locate property lines abutting the project work. The
permittee shall replace, with the services of a Minnesota-licensed surveyor, any
property corners or monuments disturbed as a result of the project.
T. The permittee shall complete restoration of the public right-of-way in conformance
with this Section.
U. No permittee, or any agent, subcontractor or employee thereof, shall use lugs (steel
tracks) on any roadway surfaces.
V. The permittee shall remove daily all dirt or debris from sidewalks, trails, public and
private roadway surfaces and curbs and gutters during project work.
W. The permittee shall obtain all other necessary permits, licenses and approvals, pay all
required fees therefore and comply with all requirements of local, state and federal
laws.
X. The permittee shall not do any work outside the project area as specified in the permit.
Y. The permittee shall screen all aboveground facilities and make reasonable
accommodations for decorative enclosures, support structures or signs, as required by
the director of public works, to be aesthetically compatible with existing streetscape
and the ornamental design or theme of the immediate area. Screening methods shall
include the use of shrubs, trees and/or with landscape rock or installation using stealth
or camouflaged forms of the facility. The director may also impose reasonable
restocking, replacement, or relocation requirements when a new support structure is
placed in a public right-of-way. No equipment or facilities shall visibly or physically
block or in any manner interfere with any existing streetscape, ornamental structures
or displays, or other amenities located within the city’s right of way.
Z. Any facility collocated on a city-owned support structure shall be of a color and design
so to match the color, design and pattern of the existing support structure(s) and any
replacement structures after the issuance of the permit. Any new support structure, and
any facility located thereon, erected within a city-owned right of way shall be of a
color and design so to match the color, design and pattern of existing structures (e.g.
light/lampposts) and any replacement structures after the issuance of the permit.
AA. Small wireless facilities shall be subject to the regulations set forth in Minnesota
Statutes, Ch. 237, if not otherwise set forth herein.
BB. The city may impose other reasonable conditions to protect the public health, safety
and welfare or, when necessary, to protect the right of way and its current and future
use.
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2. Small Wireless Facility Conditions: In addition to the conditions set forth above as
applicable, the placement or installation of a new wireless support structure, the collocation
of a small wireless facility, or other installation of a wireless facility in the right of way shall
be subject to the following requirements:
A. A small wireless facility shall only be collocated on the particular wireless support
structure, under those attachment specifications, and at the height indicated in the
applicable permit application.
B. No new wireless support structure installed within the right of way shall exceed 50
feet above ground level in height without the city’s written authorization, provided
that the city may impose a lower height limit in the applicable permit to protect the
public health, safety and welfare or to protect the right of way and its current use, and
further provided that a wireless support structure that replaces an existing wireless
support structure in the public right of way that is greater than fifty (50) feet above
ground level in height may be placed at the height of the existing wireless support
structure, subject to such conditions or requirements as may be imposed in the
applicable permit.
C. No wireless facility constructed in the right of way after May 30, 2017 may extend
more than ten (10) feet above a wireless support structure existing on May 30, 2017.
D. Where an applicant proposes to install a new wireless support structure in the right of
way, the City may impose separation requirements between such structure and any
existing wireless support structure or other facilities in and around the right of way.
E. Where an applicant proposes collocation on a decorative wireless support structure,
sign, or other structure not intended to support small wireless facilities, the city may
impose reasonable requirements to accommodate the particular design, appearance, or
intended purpose of such structure.
F. Where an applicant proposes to replace a wireless support structure, the city may
impose reasonable restocking, replacement, or relocation requirements on the
replacement of such structure.
G. No small wireless facility shall be collocated on any City owned traffic control
device.
Subd. 7. County or state right-of-ways. Any public right-of-way user who is required to obtain
any county or state permit for excavation or obstruction in any Dakota County or Minnesota
Department of Transportation right-of-way must provide notification of permitting to the
City within one week of obtaining the permit but no less than 48 hours before the excavation
would begin.
Subd. 8. Installation of underground facilities within public right-of-ways. The permittee shall
comply with the following requirements when installing underground facilities:
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A. Underground facilities shall, where reasonably possible, be installed outside the paved
or surface area. If unable to install outside the surfaced area, the installation shall be as
close to the edge of the roadway surface as possible to allow access thereto without
unnecessarily disturbing paved areas of the roadway;
B. Public right-of-way alignment and grade shall be maintained;
C. Fiber facilities shall be buried in a proper conduit and at a depth of no less than three
feet deep and no more than four feet; copper facilities below concrete or bituminous
paved roadway surfaces shall be buried no less than three feet deep and no more than
four feet deep, and all other copper facilities shall be buried no less than 30 inches deep
and no more than four feet deep;
D. All underground facilities which cross streets or hard surfaced driveways shall be
bored and installed in conduit when requested by the City. Gas does not need to be
installed in conduit.
E. When required, the permittee shall excavate an observation hole over a City utility to
ensure that a City utility is not damaged;
F. If the project work involves an open cut, the permittee shall install visual tracers 12
inches over buried facilities. If other construction methods are used, substitute location
methods may be used upon approval by the City;
G. During plowing or trenching of facilities, a warning tape shall be placed at a depth of
12 inches above copper cables with over 200 pairs and fiber facilities and a locating
wire or conductive shield shall be installed above buried telecommunication facilities,
except for di-electric cables.
H. Restoration of areas disturbed by facilities will include returning the right-of-way to
the same condition that existed before excavation as per MN Rules 7819.1100 Subject
to this standard, plates 1 to 13, shown in parts 7819.9900 to 7819.9950, indicate
maximum limits of restoration methods and area requirements the local government
unit can impose when a right-of-way user excavates in the public right-of-way. The
local government unit and right-of-way user may agree to a lesser requirement. The
right-of-way user is responsible for all of its work done in the public right -of-way,
whether by employees, agents, or independent contractors. All levels of restoration
include compaction of the materials placed in the excavation of the sub-grade and
aggregate base, plus pavement replacement, in kind. If required by the local government
unit, all work must be performed according to the local government unit's specifications
and drawings.
I. All facilities shall be located so as to not interfere with existing and potential future
traffic signals and signs;
J. Unless approved by the City, all above ground appurtenances shall be located no closer
than ten feet to City hydrants, waterline valves, manholes, lift stations, catch basins; not
in front of or within visual sight lines of any City sign, monument or amenity for
facilities or parks; and no closer than two feet from sidewalks and trails;
K. Underground facilities shall not be installed between a hydrant and an auxiliary valve;
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L. Where utility easements exist beyond the roadway surface area of the public right -of-
way and space is available therein, underground facilities shall not be installed within
five feet of hydrants, waterline valves, lift stations, manholes or catch basins. In those
areas in which no utility easement exists, placement of an underground facility shall be
between the edge of pavement and no closer than three feet to an existing City utility
appurtenance, unless approved by the City.
M. The location and installation of telecommunications facilities shall comply with the
National Electric Safety Code, as incorporated by reference in Minnesota Statutes.
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Subd. 9. Supplement permit or permit extension.
A. Limitation on area. No permittee shall obstruct or excavate an area greater than that
specified in the permit without first obtaining a new permit or permit extension therefor
by the City.
B. Limitation on dates. No permittee shall begin its work before the permit start date or,
except as provided herein, continue working after the completion date.
Subd. 10. Revocation of permits.
A. Grounds for revocation. The City may revoke a permit issued hereunder on the
following grounds:
1. A material provision or condition of the permit or City Code was substantially
breached.
2. A material misrepresentation in the application for a permit.
3. The permittee failed to maintain the required bonds or other security and insurance.
4. The permittee failed to complete the project work within the time specified in the
permit unless the failure to complete work is due to reasons beyond the permittee's
control.
5. The permittee failed in a timely manner to correct work that does not conform to
applicable standards, conditions, federal, state or local laws.
6. An evasion or attempt to evade any material provision of the public right -of-way
permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the
City.
B. Notice of revocation. If the director determines that grounds for revocation exists, the
director shall provide written notice to the permittee. If the permittee's violation is
related to non-complying project work, the director shall notify the permittee of the
actions necessary to remedy such violation within a reasonable period of time or be
subject to potential revocation of the permit. The director may impose additional or
revised conditions on the permit to mitigate or remedy the violation.
C. Right to hearing by City Council. In the event that the permittee fails to remedy the
violation for which the Director gave the permittee notice, a revocation of permit
hearing shall be held before the City Council at the immediately next City Council
meeting. The purpose for the hearing shall be to determine whether any of the grounds
for revocation as set forth herein exist against the permittee. No suspension or
revocation shall take effect, until the permittee has been afforded a hearing as provided
in this subparagraph. Such hearing shall be set by the City Council upon written notice
to the permittee served by U.S. Mail not less than 15 days prior to the hearing date,
specifically stating the date, time and purpose thereof.
D. Revocation costs. If a permit is revoked, the permittee shall reimburse the City for its
reasonable costs (including restoration costs) incurred in connection with the
revocation.
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Subd. 11. Permit fees.
A. All permit fees shall be submitted to the City with the application. Permit fees shall be
set to recover the City management costs and, where applicable, restoration costs. The
permit fees shall be established by City Council resolution. No permit fee shall be
refundable. No permit fees shall be required for any obstruction or excavation permit
issued to the City, although the City shall be allocated its full portion of the City
management costs in calculating the permit fees. Except where an extension permit has
been granted, the permittee shall, as a delay penalty, be required to obtain a new permit
and pay the associated fee for failure to complete the project work under the initial
permit within the required time period. Applicants may jointly apply for permits to
excavate or obstruct the right-of-way at the same place and time. There shall be a single
permit and permit fee for joint excavation and obstruction permit applications.
Applicants must agree among themselves as to the portion each will pay and indicate
the same on the application.
B. A fee for a conditional use permit as may be required herein for small wireless facilities
shall be in addition to any obstruction or excavation permit fee and is governed by
Chapter 11 of this Code.
Total application fees for a small wireless facility permit must comply with this Section
with respect to costs related to the permit. For each small wireless facility attached to a
wireless support structure owned by the City, the small wireless provider shall pay the
following fees:
(1) $270.00 per year for rent to occupy space on a wireless support structure
owned by the City;
(2) The application fee for collocation or new support structures within City
property shall be established by City Council resolution; and
(3) A monthly fee for electricity used to operate a small wireless facility, if not
purchased directly from the applicable electrical utility provider, at the rate of:
(i) $73.00 per radio node less than or equal to 100 max watts;
(ii) $182.00 per radio node over 100 max watts; or
(iii) The actual costs of electricity, if the actual costs exceed the amount in clauses
(i) or (ii) above.
Permit Fee for Small Wireless Facilities: As required by state law, a person is not
required to pay a small wireless facility permit fee, obtain a small wireless facility
permit, or enter into a small wireless facility collocation agreement to solely conduct
any of the following activities:
(1) Routine maintenance of a small wireless facility;
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(2) Replacement of a small wireless facility with a new facil ity that is substantially
similar or smaller in size, weight, height, and wind or structural loading than the small
wireless facility being replaced; or
(3) Installation, placement, maintenance, operation, or replacement of micro
wireless facilities that are suspended on cables strung between existing utility poles in
compliance with national safety codes.
Prior to the performance of any of the above excepted activities, the small wireless
facility provider shall provide the City advance notification of these activities if the
work will obstruct a public right-of-way.
Subd. 12. Public right-of-way restoration.
A. Timing. All project work under a permit shall be completed within the dates specified
in the permit, unless the project work could not be completed due to circumstances
beyond permittee's control, including seasonal weather prohibitions or inclement
weather.
B. Restoration costs. The permittee shall restore the public right-of-way and assume all
costs therefor unless otherwise agreed upon. The right-of-way user shall remain
responsible for replacing and compacting the sub-grade and aggregate base material in
the excavation. The City, at its option, may choose to perform it's own restoration
including any paving. If the City performs the restoration pursuant to this paragraph, the
permittee shall pay to the City all costs thereof within 30 days of billing. If following
such restoration, the roadway surface, boulevard, sidewalk, curb or related
infrastructure settles due to permittee's improper back-filling; the permittee shall, at its
option either correct the defect or pay to the City all costs associated with correcting the
defective work within 30 days of billing. If the permittee restores the public right-of-
way, the City may require, and the permittee shall provide at the time of application for
the permit, a City specified type of security, in accordance with PUC rules, to cover the
cost of repair and restoration. If within 24 months after completion of restoration of the
right-of-way, the director determines the right-of-way has been properly restored, the
posted security will be released.
C. Standards. All restoration shall be in accordance with the standards and materials
specified by the City. The City shall establish written procedures and standards for
public right-of-way restoration, which shall comply with PUC standards. Subject to
PUC rules, the City shall have the authority to prescribe additional restoration
procedures and standards on a case by case basis based on the following considerations:
1. The number, size, depth and duration of the excavation, disruption or damage to
the public right-of-way;
2. The traffic volume carried by the public right-of-way;
3. The character of the neighborhood surrounding the public right-of-way;
4. The pre-project condition of the public right-of-way;
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5. The remaining life-expectancy of the public right-of-way due to the project;
6. The costs of the restoration method in relation to the prevention of an accelerated
depreciation of the public right-of-way that could result due to the project work in
the public right-of-way; and
7. The likelihood that the particular restoration method would be effective in slowing
the depreciation of the public right-of-way that would otherwise occur.
D. Duty to correct defects. The permittee shall guarantee the restoration of the public
right-of-way for 24 months following its completion (12 months for turf establishment).
During the 24-month period, the permittee shall, upon written notification from the
City, correct all non-complying restoration work, using the method required by the City.
The correction work shall be completed within ten calendar days of the receipt of the
notice from the City, not including days during which work cannot be done due to
circumstances constituting force majeure or of unseasonable or inclement weather.
E. As Built drawings. The permittee shall, if not already provided through another filing
made within one year of completion of the project; annually submit to the City "as -
built" drawings in a format usable by the City, as per State Statutes, incorporating
project work and restoration.
Subd. 13. Inspection.
A. Site inspection. The permittee shall make the project work site available to the director,
and all others authorized by law, for inspection at all reasonable times during the
execution and upon completion of the project work.
B. Inspection findings and requirements.
1. The director may order the immediate cessation of any project work which poses a
serious immediate threat to the life, health, safety or welfare of the public.
2. The director may order the permittee to correct any project work to comply with
the terms of the permit or other applicable standards, conditions or laws. The order
shall state the violation, the terms of correcting the violation and that failure to
correct the violation within the stated time limits shall be cause for revocation of
the permit. If the violation is not corrected within the stated time limits, the director
may initiate revocation of the permit.
C. Notice of Completion. The permittee shall sign a certificate of project completion
stating the completion date, identification of the installer and designer of record and
certifying that the project work was completed in accordance with the requirements
herein.
Subd. 14. Permissible work without a permit.
A. Emergency exception. All persons with facilities in the public right-of-way shall
include the City in its list of those to be notified immediately of any event regarding its
facilities that may be considered as an emergency. The owner of the facilities may
proceed to take whatever actions are necessary to respond to the emergency, but shall
apply for the necessary permits, pay the fees associated therewith and fulfill all
requirements as set forth in this Section within two business days after the occurrence of
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the emergency. These permitting requirements shall not apply if the repair is made
within the hole of the permitted excavator.
If the City becomes aware of an emergency regarding facilities, the City will attempt to
contact the local representative of each facility affected, or potentially affected, by the
emergency. The City may take whatever action it deems necessary to respond to the
emergency, the cost of which shall be assumed and paid by the owner of the facility
which occasioned the emergency.
Subd. 15. Mapping data.
A. Information Required. All permittees shall provide mapping information in accordance
with Minnesota Rules and as follows:
1. The location of underground and above ground appurtenances of the public right -
of-way user's mains, cables, conduits, switches and related equipment and facilities,
identified by:
(a) Offsets from property lines, distances from the centerline of the public right -
of-way and curb lines and/or other reference points as requested by the City; or
(b) Coordinates derived from the coordinate system being used by the City.
2. The type, quantity and size of the equipment;
3. A dimensional description of above-ground appurtenances;
4. A legend explaining symbols, characters, abbreviations, scale and other data
shown on the map; and
5. The location of any facilities that were abandoned in conformance with Minnesota
Statutes.
B. Submittal requirements.
1. Within six months after the effective date of this Section, all public right -of-way
users which own or control facilities within public right-of-ways within the City on
the effective date of this Section shall submit detailed mapping data in accordance
with this Subdivision for all facilities and equipment located within the public
right-of-way. Following initial mapping, all right-of-way users shall submit details
detailed mapping data by April 1 st of every year for all new facilities located within
public rights-of-way in the City during the preceding calendar year.
2. At the request of any public right-of-way user, information required by the City
which qualifies as "trade secret" data under the Minnesota Data Practices Act shall
be protected accordingly.
C. Fees. Mapping data provided to the City which is GIS compatible and in a format used
by the City, the mapping portion of the excavation fee is waived.
Subd. 16. General public right-of-way regulations.
A. Undergrounding facilities. Any new non-replacement facilities or equipment shall be
located underground or contained within buildings or on other structures unless
prohibited/restricted in accordance with all applicable federal, state or local laws.
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B. Corridors. The City may assign specific corridors within the public right-of-way, or
portion thereof, as may be necessary for each type of facility. All permits issued by the
City involving the installation or replacement of facilities shall designate the proper
corridor for the facility at issue.
C. Limitation of space. To protect the health, safety, and welfare of the City or when
necessary to protect the public right-of-way and its current use, the City may prohibit
public right-of-way users from a particular right-of-way after consideration of the
public interest, the public's needs for the particular utility service, the condition of the
public right-of-way, the time of year with respect to essential utilities, the protection of
existing facilities in the public right-of-way, and future City plans for public
improvements and development projects which have been determined to be in the
public interest.
D. Relocation of facilities. A public right-of-way user shall promptly, and at its own
expense, with due regard to seasonal working conditions, permanently remove and
relocate any facility in the public right-of-way when it is necessary to prevent
interference and not merely for the convenience of the City, in connection with: (1) a
present or future City use of the public right-of-way for a public project; (2) the public
health or safety; or (3) the safet y and convenience of travel over the public right-of-
way. The public right-of-way user shall restore any public rights-of-way in accordance
with this Section. A right-of-way user is not required to remove or relocate its facilities
from a right-of-way that has been vacated and in favor of a non-governmental entity
unless and until the reasonable costs to do so are first paid to the right-of-way user.
E. Damage to other facilities. Public right-of-way users shall be subject to all restoration
requirements provided in this Section. Every public right-of-way user shall be
responsible for the cost of repairing any facility it damages. This provision is intended
to include costs for damages to boulevard amenities placed by adjacent property
owners, (e.g. sprinkler systems, etc.). Each facility owner shall be responsible for the
cost of repairing any damage to the facilities of another occasioned by an emergency
related to that owner's facilities.
Subd. 17. Public right-of-way vacation.
A. Reservation of right. If the City vacates a public right-of-way which contains the
equipment or facilities of a public right-of-way user and the vacation does not require
the relocation of the equipment or facilities, the City shall reserve, to and for itself and
the public right-of-way user, the right to install, maintain and operate any equipment
and facilities in the vacated public right-of-way and to enter upon such public right-of-
way at any time for the purpose of reconstruction, inspecting, maintaining or repairing
the same.
B. Relocation of facilities. If the vacation requires the relocation of the public right-of-
way user's equipment or facility; and the vacation proceedings are initiated by the
public right-of-way user or the City, for a public project, the public right -of-way user
shall pay the relocation costs. If the vacation proceedings are initiated by a person or
persons other than the public right-of-way user, the initiating person or persons shall
pay the relocation costs.
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Subd. 18. Indemnification and liability.
A. Limitation of liability. Upon the issuance of a public right-of-way permit, the City does
not assume any liability (i) for injuries to persons, damage to property or loss of service
claims by parties other than the registrant or the City, or (ii) for claims or penalties of
any sort resulting from the installation, presence, maintenance or operation of
equipment or facilities by registrants or permittees or activities of registrants or
permittees.
B. Indemnification. A registrant or permittee shall indemnify, keep and hold the City, its
officials, employees and agents, free and harmless from any and all costs, liabilities, and
claims for damages of any kind arising out of the construction, presence, installation,
maintenance, repair or operation of its equipment and facilities, or out of any activity
undertaken in or near a public right-of-way, whether or not any act or omission
complaint of is authorized, allowed or prohibited by a public right-of-way permit. The
foregoing does not indemnify the City for its own negligence except for claims arising
out of or alleging the City's negligence in issuing the permit or in failing to properly or
adequately inspect or enforce compliance with a term, condition or purpose of a permit.
This section is not, as to third parties, a waiver of any defense or immunity otherwise
available to the registrant, permittee or the City, and the registrant or permittee, in
defending any action on behalf of the City, shall be entitled to assert in any action every
defense or immunity that the City could assert on its own behalf.
If the registrant or permittee is required to indemnify and defend, it shall thereafter have
control of the litigation, but the registrant or permittee may not settle the litigation
without the consent of the City. Such consent will not be unreasonably withheld.
Subd. 19. Abandoned facilities.
A. Notification. A public right-of-way user shall notify the City when facilities are,
abandoned. The public right-of-way user shall submit to the director a plan for the
removal of the abandoned equipment or facility. The Director may require the public
right-of-way user to post a bond in an amount sufficient to reimburse the City for
reasonably anticipated costs to be incurred in removing the equipment and facilities if
the public right-of-way user fails to do so.
B. Removal of abandoned facilities. A right-of-way user shall notify the City when
facilities are to be abandoned. A right-of-way user that has abandoned facilities in the
right-of-way shall remove them from that right-of-way if required in conjunction with
other right-of-way repair, excavation or construction, at right-of-way user’s expense,
unless the City waives this requirement. A right-of-way user that has abandoned
facilities in the right-of-way shall continue to complete a “locate” and map/mark the
location of the abandoned facility upon all locate requests/orders. Failure to complete a
locate of an abandoned facility when requested or upon issuance of a locate order and
such failure results in a project to be delayed shall result in the right -of-way user to pay
for all costs and loss of revenue of project contractors forced to stop or cease work on
project due to failure to locate and map abandoned facilities as required herein.
Subd. 20. Appeal.
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A public right-of-way user that: (1) has been denied registration; (2) has been denied a
permit; (3) has had permit revoked; or (4) believes that the fees imposed are invalid, may have
the denial, revocation, or fee imposition reviewed by the City Council upon written request. The
City Council shall act on a written request at its next regularly scheduled meeting. The decision
by the City Council shall be in writing and supported by written findings establishing the
reasonableness of the decision.
Subd. 21. Insurance.
All certificate(s) of insurance or self-insurance required under this Section shall provide the
following: (1) that an insurance policy has been issued to the applicant by an insurance company
licensed to do business in the State of Minnesota, or a form of self-insurance acceptable to the
director; (2) verify that the applicant 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
public right-of-way by the permittee, its officers, agents, employees and permittees, and (ii)
placement and use of facilities and equipment in the public right-of-way by the permittee, 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) name the City as an additional insured as to whom the coverages required herein
are in force and applicable and for whom defense will be provided as to all such coverages; (4)
require that the director be notified 30 days in advance of cancellation of the policy or material
modification of a coverage term; (5) indicate comprehensive liability coverage, automobile
liability coverage, workers compensation and umbrella coverage established by the director in
amounts sufficient to protect the City and the public and to carry out the purposes and policies of
this chapter:
Public Liability, including premises, products and complete operations
GENERAL
LIABILITY:
Bodily Injury Liability $1,000,000 each person,
$3,000,000 each occurrence
Property Damage Liability $3,000,000 each occurrence
In lieu of (1) and (2) Bodily Injury and Property Damage Combined
$3,000,000 single limit
Automobile Liability Insurance, including owned, non-owned and
hired vehicles
COMPREHENSIVE: Bodily Injury Liability $1,000,000 each person, $3,000,000 each
occurrence
Property Damage Liability $3,000,000 each occurrence
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In lieu of (1) and (2) Bodily Injury and Property Damage Combined
$3,000,000 single limit
The City may require a copy of the actual insurance policies. If the person is a corporation, a
copy of the certificate required to be filed under Minn. Stat. 300.06 as recorded and certified to
by the Secretary of State. 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. A Franchise agreement may exempt a permittee from this paragraph.
Section 2. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. ______", a copy of which is attached
hereto, clearly informs the public of the intent and effect of the ordinance. The City Council
further determines that publication of the title and such summary will clearly inform the public of
the intent and effect of the ordinance.
Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 7.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
____________________________ ______________________________
By: Christina M. Scipioni By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
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The following is the official summary of Ordinance No. ____ as approved by the City Council of
the City of Eagan on ___________________, 2019.
ORDINANCE NO. ____ SECOND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER 7 ENTITLED “STREETS AND SIDEWALKS GENERALLY” BY
AMENDING SECTION 7.06 REGARDING PLACEMENT OF SMALL WIRELESS
FACILITIES IN PUBLIC RIGHT-OF-WAY AND OTHER MISCELLANEOUS PROVISIONS
Chapter 7 of the Eagan City Code, governing public right-of-way management
regulations, is amended to incorporate small wireless facilities placement in public
rights-of-way in accordance with the 2016 Minnesota State legislation. The
amendments provide for placement of small wireless facilities within public right-
of-ways, permit fees, and regulations. The amendment also provides
miscellaneous provisions to the right-of-way management process and permits
regulations.
A printed copy of the ordinance is available for inspection by any person during regular
office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob
Road, Eagan, Minnesota 55122.
Effective date. This ordinance shall take effect upon its passage and publication.
Agenda Information Memo
February 12, 2019 Eagan Special City Council Workshop
IV. Public Works Department
Responsibilities and Service Levels
Direction For Consideration:
Review and comment on existing Public Works Department’s tasks and service levels, as well
as suggested revisions, recognizing related staffing or vehicle/equipment/software impacts
and anticipate related future budget accommodations and service impacts.
Facts:
Public Works staff have collectively come to a point where they are concerned they
do not have the means with which to meet the demands which they believe they
should be addressing as a department.
A discussion internal to the Public Works Department has suggested possible
revisions to current department tasks and customer service levels, as well as
additional resources, that would expectantly address these demands.
Further discussions have been held between the Public Works management team
and the Budget Team to vet possible revisions.
Public Works staff is seeking a dialogue with the City Council to share perspectives
on the department’s current tasks and service levels. The desire is to ensure that the
demands Public Works is planning to address match the City Council’s desires or
direction. With the Council’s response, Public Works staff would be able to review
the current capacity to address said demands. As warranted, Public Works staff
would provide options for future Council consideration that may impact current and
future budgets or may impact customer or Council interactions, if implemented.
Attachments: (4)
IV.-1 Staff Memo
IV.-2 Nov 19, 2013 Council Memo
IV.-3 Aug 11, 2015 Council Workshop Memo
IV.-4 PowerPoint
MEMO
To: Mayor & City Council
c/o Dave Osberg, City Administrator
From: Russ Matthys, Public Works Director
Date: February 8, 2019
Subject: Public Works – Responsibilities and Service Levels
Public Works (PW) staff and the Budget Team have been meeting monthly over the
past 8 months to discuss present and future Public Works tasks and customer service
levels. Consensus has been reached that Public Works should consider doing some
different things and doing some things differently. While PW staff understands its
responsibility to manage operational changes and internal practices, there are some
changes being considered that may impact current and future budgets or may impact
customer or Council interactions, if implemented. Staff is seeking feedback from the
City Council as a read of the current service level as well as thoughts on changes that
could impact our citizens. It is PW staff’s anticipation that any of the suggested
changes would be implemented as staff capacity and funding is made available,
recognizing that the scheduled budget process may determine such timing. Staff will
defer to Council direction for any efforts desired that differ from the current budget
schedule.
The most recent community survey results indicate that customer satisfaction levels for
Public Works services range from 70% to 94%, in the good to very good levels of
satisfaction. This is fairly consistent with past survey results for the past decade and
indicate satisfaction levels have fluctuated slightly but remained relatively consistent
over this period. Public Works staff appreciates the value of the survey and recognizes
it as the best feel for how we are doing with regards to general service areas. That
said, we also believe that many of our customers don’t necessarily understand all the
services that we provide and that the survey doesn’t address many of these services or
is not specific enough to get a good sense of the actual satisfaction level. So, to
address these gaps, Public Works would like to share our observations regarding some
of these areas and get your feedback to learn from you the type and amount of
comments you get from citizens in any of these areas.
PW staff are suggesting the following as desired Feedback from the City Council
regarding Public Works responsibilities, either current or future, at the February 12
Council workshop.
• Satisfaction with current task/level of service.
• Desire for new task/deletion of task/revised level of service.
The following are examples of past interactions with the City Council to consider
customer service levels and the addition of tasks. PW staff would suggest that similar
analytical methods are followed for any areas of interest highlighted at the Council
workshop.
Customer Service Level – Action on November 19, 2013, resulted from a discussion the
City Council and PW staff had regarding a review of service delivery for the winter trail
maintenance provided by staff. As a result of this review, the City Council approved
implementation of a medium level of service for the Winter Trail Maintenance Program,
including the acquisition of additional related equipment and authorized the utilization
of staff overtime to provide said services (See attached Council memo).
Tasks - A further discussion of the Winter Trail Maintenance Program was held on
August 11, 2015, to consider the expansion of winter trail maintenance to all city
transportation trails. The result of this later discussion was to keep the program as is
(See attached Council memo).
The anticipated discussion at the February 12 workshop is not intended to be to a
similar depth as the previous examples. Depending upon the Council feedback at this
workshop, PW staff would prepare analyses of options, where appropriate, for any
desired areas where the Council may want to consider revisions to the current service
levels or tasks. Summaries of such reviews would be provided for the Council’s
consideration as warranted for future Council action. Clearly, PW staff will alter service
levels or tasks following the February 12 workshop without further analysis if directed
to do so by Council.
The results of such feedback, after direction/action by the City Council, may include the
following outcomes:
• Related 2020-21 Budget requests
o Personnel
o Vehicles, Equipment, Software, Etc.
• Revisions to provided services
o Citizen impacts
o Staff impacts
o Council impacts
I’ll start the interactive portion of the workshop with PW tasks that staff believe are
being appropriately completed at satisfactory levels of service. I’ll provide a summary
of the following tasks during the workshop.
I. Longtime Basics
a. Street Maintenance
b. Sanitary Sewer Inspection & Maintenance
c. Ice Control & Snow Plowing
d. Public Improvement Design & Construction Management
II. Aging Infrastructure, Part I
a. Street Overlays/Reclamation
b. Lift Stations
c. Water Meters
III. Evolving Requirements
a. National Pollutant Discharge Elimination System (NPDES), Part I
IV. Smarter thru Technology
a. GIS I
b. Transparency I
The previous list includes some rather significant tasks that PW completes and does so
rather well. So, why are we questioning PW operations and why now? PW staff thinks
the Council will agree that it is always good to do self-checks to ensure one is where
one is supposed to be. While staff frequently checks to ensure we are doing what we
are supposed to be doing, there has been a growing sense for nearly a decade that
Public Works staff is struggling to keep our heads above water as we attempt to meet
PW demands.
A quick look back from an outside perspective may suggest that part of this may have
to do with the recent development activity, the highest value of development in the
history of the city, beginning with the Twin Cities Premium Outlets and continuing
through to Viking Lakes. The associated public facilities, AUARs, and Travel Demand
Management Plans, definitely impacted Public Works staff and will continue to do so
with the added infrastructure to manage and maintain. Some may suggest that as the
development activity dies down, so will the demands upon Public Works staff. I believe
the collective thoughts of PW staff would indicate that the demands will only change,
not lessen, and that staff may continue to struggle to do all that we think we should be
doing.
Tasks dependably completed by Public Works staff have steadily increased over the
past 20 years without a corresponding increase in resources. Looking back to the
recent development activity, while the initial reviews, studies and inspection of the new
developments and associated improvements are complete, the responsibility of
ownership of the new public infrastructure and the related traffic management goes on
well in to the future.
Eagan has nearly 700 lane miles of streets with 619 cul-de-sacs/dead ends, about 1,000
miles of underground water and sewer pipes ranging in age up to 50 years old, and
almost 1,200 water bodies, including lakes, wetlands and storm basins. In addition to
these assets are the staff, equipment and vehicles required to address the associated
responsibilities of maintenance, cleaning/sweeping, plowing/salting and regulating. The
more we have, the more there is to do.
While some of the noteworthy additions to the City’s list of assets during the more
recent development effort are still rather new, Eagan is getting older and the associated
pains of aging are impacting the maintenance and replacement responsibilities of the
Public Works staff. The forgoing of any maintenance efforts due to the newness of the
infrastructure is less of an option than it has ever been. As maintenance needs
increase, the associated time and resources to complete said associated efforts also
increase. As replacements become a more frequent occurrence, Utility staff will require
assistance from additional PW staff or consultants for contract administration and
construction management.
As a regulator through the issuance of right-of-way permits and wetland replacement
permits, PW staff understands the obligations of permitted operations and
improvements. Operating under permits for the discharging of storm water and
supplying of drinking water, PW staff have seen noteworthy increases in the efforts
required to comply with the associated permit requirements. Additional obligations
related to the richness of surface water amenities that influence the high quality of life
in Eagan also continue to grow, demanding more resources for compliance.
One of Minnesota’s favorite sons famously crooned, “For the times, they are a
changin’.” That statement is truer now than it has ever been for PW staff. From the
significant advances in technology in every aspect of Public Works, to the associated
changes in customer expectations and the ever-changing environment and weather, the
opportunities and challenges related to these changing times appear to be never
ending.
The next interactive portion of the workshop highlights interpreted PW obligations for
which no or limited tasks are designated, or service levels are currently less than what
staff believe are appropriate or do not meet a perceived Eagan standard. I’ll provide a
summary of the following tasks during the workshop.
I. State & Fed mandates
a. American with Disabilities Act (ADA)
b. Total Maximum Daily Load (TMDL)
II. Aging Infrastructure, Part II
a. Storm Sewer, Part I
b. Water Main
c. Street Reconstruction
III. Evolving Requirements
a. NPDES, Part II
IV. Changing Times
a. Technology
i. Asset/Risk Management
ii. Right-Of-Way Management (5G/Micro/Small Cell)
iii. GIS II (Storm Sewer, Part II)
iv. Transparency II
b. Developments/Public Improvements
i. Growth
ii. “In-fill” development
iii. Stakeholders/Outside agencies
iv. Financing/Assessments
c. Atlas 14 (Storm Sewer, Part III)
d. Workforce (Boomers -> Millennials, Farm -> Suburbia)
The 2019 version of the City of Eagan has different demands/needs than the 1999
version. Growth, mandates, regulations, technology, aging, and changed perspectives
are contributing to the need to do business differently today in Eagan. Accordingly,
Public Works has been forced to re-evaluate their business plan.
PW staff has always prioritized demanded tasks, not unlike all of us. And like all of us,
the “prioritized” tasks have not always been the most appropriate or most beneficial
tasks to be completed. Twenty years ago, and earlier, with the benefit of well-
developed plans, PW staff addressed demands as best they could and were successful
in continuing to develop and maintain the high-quality community that is repeatedly
recognized as one of the best in the nation. The effort wasn’t perfect, but it was darn
good and adequately addressed the understood demands.
The past 20 years have seen more than just growth in the population of Eagan. The
previous list of different demands has also grown as well as the tasks associated with
each demand. As the tools to address these demands have improved and enhanced
opportunities to better address these and other demands, a revelation of the actual list
of demands that “should” be addressed has become overwhelming. As each “demand”
is “required” or in the best interest of the community, how could PW staff say no to any
of them? Prioritization of the list of demands is doable and warranted, but the ability to
complete the list has become an apparent impossibility. At least with the resources
currently available to PW staff.
Recognizing the problem, this group of problem solvers came up with some possible
solutions and sought the assistance of the Budget Team to vet said ideas and seek
guidance on pursuing the goal of meeting all of PW’s demands. To clarify, the demands
which the City Council desires and expects PW to address. This clarification and the
possible ramification of any changes to tasks or service levels is what has brought us to
the discussion at the Council workshop on February 12.
The possible solutions developed by the PW staff address all the demands that have
been recognized throughout the development of the city as well as those revealed more
recently. Some of the solutions include staff increases, associated tools (vehicles,
equipment, software, etc.), use of technology to limit staff growth, and revised City
policies. The following are estimated costs per division and funding source (spread out
over two years) that PW staff believe would enable PW to meet the current and
anticipated demands. Demands as defined or understood by PW staff.
Year 1
• Engineering Dept 21 (General Fund) $20,000
• Streets/Central Maint Dept 22/24 (General Fund) $498,100
• Water Dept 61 (Utility Fund) $248,000
• Sanitary Dept 62 (Utility Fund) $38,000
• Storm Sewer Dept 64 (Utility Fund) $20,000
• Water Quality Dept 65 (Utility Fund) $20,000
Total $844,100
Year 2
• Engineering Dept 21 (General Fund) $303,333
• Streets/Central Maint Dept 22/24 (General Fund) $43,433
• Water Dept 61 (Utility Fund) $28,333
• Sanitary Dept 62 (Utility Fund) $151,733
• Storm Sewer Dept 64 (Utility Fund) $151,733
• Water Quality Dept 65 (Utility Fund) $38,333
Total $716,900
PW staff believe the following are benefits that would be recognized with the
implementation of the suggested solutions.
• Asset Management/GIS – work smarter, not harder; reduce unexpected (higher)
Utility system costs – short term costs (staff/software/equipment)* = long term
savings (reduced staff size/ reduce emergency repairs (costs) & increase cost
effectiveness of replacements)
• Increased Utility system maintenance – more staff & equipment = reduce
emergency repairs (costs) & customer impacts
• Compliance with mandates/permits – more staff & equipment = compliance
• Franchise Fee – replace special assessments for public improvements = reduce
staff time/no public hearings for public improvements
• Sustainability – short term costs (infrastructure)* = long term
reliability/environmentally friendly
* Existing budget/CIP item
PW staff believe the following are consequences that may result from the lack of
implementation of the suggested solutions.
• Greater long-term Utility system costs = higher utility rates & property taxes
• Greater demand for more staff = higher utility rates & property taxes
• Lack of compliance = potential fines/law suits
• Turnover of staff = loss of history/efficiency
• Reduced water supply = conservation requirements/higher utility rates
The options for solutions to address the PW demands are limitless. With the guidance
of the City Council, PW staff is confident that a successful plan will be implemented to
satisfactorily meet the Council’s desired demands. PW staff is truly looking forward to
the discussion with the Council at the February 12 workshop.
Administrative Agenda
November 19, 2013 Eagan City Council Meeting
A. MODIFY WINTER TRAIL MAINTENANCE PROGRAM
ACTION TO BE CONSIDERED: Approve implementation of the Medium Level of
Service for the Winter Trail Maintenance Program, including the acquisition of up to
$35,000 of additional related equipment and authorization to modify the Winter Trail
Maintenance Policy to allow the utilization of staff overtime to provide said services.
FACTS:
• In 1998, the City Council adopted a Winter Trail Maintenance Program and Policy
incorporating winter maintenance of 56 miles out of a 110 mile trail system. The
program was initially completed utilizing contractual services.
• As the City's trail system continued to grow along with the public's acceptance of the
program, the plan was reviewed on an annual basis to respond to new trail construction
and petitioned requests for added segments to be maintained.
• Subsequent City Councils have added approximately 17.0 miles of trails (an average of
1.13 miles/year) to the original maintenance plan in response to citizen and business
requests, as well as considering the merits of each new segment of trail constructed
during the previous year along collector/arterial roads.
• The current Winter Trail Maintenance Program consists of 73.0 maintained miles of a
total 119.6 miles trail/sidewalk system (62.3%).
• Following budget cutbacks in late 2008, the decision was made to discontinue
contractual winter trail and sidewalk maintenance services during the 2008-2009 winter
season without adding personnel or the required specialty equipment. Public Works
Street Maintenance personnel were directed to assume this service delivery and perform
all winter trail and sidewalk plowing during normal workdays (7am - 3:30pm, Monday -
Friday) as a secondary priority after completing the majority of local street snow and ice
control operations.
• Communication from some users over the past years indicates that expectations for more
timely trail service exist in the community. The extent of this desire for a higher level of
service is difficult to determine.
• In recent resident surveys, when the public has been asked if trail plowing within 1-2
business days after a snow event is adequate, nearly 70% of residents have said, yes, but
one out of five residents has said no.
• On October 10, 2013, the Public Works Committee reviewed the current winter
maintenance practices. As a result of the review, the committee requested additional
information regarding the possible modification of the current winter maintenance
service level and directed said information to be presented to the City Council for
consideration of winter maintenance service level modifications and any corresponding
formal action.
• The attached Level of Service (shared with the Public Works Committee) indicates the
staff and equipment requirements for three varied levels of winter trail/sidewalk
maintenance and the associated estimated completion times. The City is currently
providing a level of service between the low and medium levels identified.
• In order to raise the current level of service to the described medium level for winter
trail/sidewalk maintenance, staff believes a rather modest amount of additional overtime
and plow equipment would be required.
• It is estimated that the City’s overtime cost for winter trail maintenance would increase
the actual total winter trail maintenance operational costs by less than 10%. In
comparing a proposed medium level of service to what was actually provided this past
winter (2012-13), for about 5.7%, or $5,000, trails and sidewalks could have been
completed earlier. During this most recent winter, this would have meant actually
removing snow from all trails/sidewalks in the winter trail maintenance program half a
day to a full day earlier on five snow events. In three of these events, this would have
included providing cleared trails/sidewalks on weekends versus waiting until Monday
for completion.
• Additional City vehicles are available to plow the trails and sidewalks, but are not
currently equipped for the specialized trail maintenance needs. With the availability of
overtime for staff, the acquisition of approximately $35,000 of specialized snow plow
equipment would allow the utilization of these current vehicles to maintain a medium
level of service of the trails/sidewalks.
• The suggested medium level of service also includes the completion of maintenance of
all School Walking Routes on the initial day of a snow event. Staff does not have data
to compare actual past completion times of these Priority 1 routes, but believe it is safe
to assume that it has been uncommon for all School Walking Routes to have been
completed on the initial day of past snow events.
• Work effort required to complete the winter maintenance can vary greatly due to a
number of variables in the weather experienced in Eagan. One recognized benefit with
an increased level of service, although difficult to quantify, is the removal rate of the
snow from the trails/sidewalks. The longer the snow is allowed to sit on the
trails/sidewalks, the more difficult it often is to remove. So, the more delayed the
maintenance effort, the greater the required maintenance effort can be. The proposed
additional equipment would also reduce the required maintenance effort.
• Specific operational policies have been adopted to implement the Winter Trail
Maintenance Program in the most efficient, prioritized and equitable basis that
conditions and resources allow. These Operational Policies are evaluated periodically
by the City Council as necessary to determine the appropriateness of discontinuing,
maintaining or modifying the program. A revision of the level of service would impact
one of the current policies.
o Snow removal operations on trails and sidewalks will be performed by City
personnel only during the standard work day (7:00 am to 3:30 pm, M-F).
ATTACHMENTS:
• Winter Trail Maintenance Service Level Options, page _____.
• Estimated Winter Trail Maintenance Overtime Costs, page _____.
• Winter Trail Maintenance Policy, pages _____ through _____.
Agenda Information Memo
August 11, 2015 Special City Council Workshop
IV. Winter Trail Maintenance/Snow & Ice Control Policy
Analysis - Plow All City Transportation Trails
Direction For Consideration:
Review and comment on an analysis of options to provide winter trail maintenance on all
city transportation trails. Consideration of related additions/revisions to the Winter Trail
Maintenance program and Snow and Ice Control Policy to address any desired program
modifications may be directed to the September 15, 2015, regular Council meeting for
formal action.
Facts:
In 1998, the City Council adopted a Winter Trail Maintenance Program that allows
the City Council to designate and annually review the extent of the trail system
within the City that is maintained during the winter months.
The winter trail maintenance program began by incorporating 56 miles of a 110
mile trail system to be completed utilizing contractual services.
As the City's trail system has continued to grow along with the public's acceptance
of the program, the program has been reviewed almost annually to respond to new
trail construction and petitioned requests for added segments to be maintained.
Subsequent City Councils have added approximately 21.1 miles of trails (average of
1.3 miles/year) to the original system plan in response to citizen and business
requests, as well as considering the merits of each new segment of trail constructed
during the previous year along collector/arterial roads.
In late 2008, contractual winter trail and sidewalk maintenance services were
discontinued (2008-2009 winter season). Public Works Street Maintenance
personnel were directed to provide this winter trail maintenance service delivery
during normal workdays (7am - 3:30pm, Monday - Friday), without additional
personnel or required specialty equipment, as a secondary priority after completing
the majority of local street snow and ice control operations.
On November 19, 2013, as part of a service delivery review, the City Council
approved implementation of a Medium Level of Service for the Winter Trail
Maintenance Program, including the acquisition of up to $35,000 of additional
related equipment and authorized modification of the Winter Trail Maintenance
Policy to allow the utilization of staff overtime to provide said services.
The current program consists of 77.1 maintained miles out of a total 123.0 mile
system (62.7%) and is maintained completely with City staff and equipment.
As a part of the Council’s most recent annual review, staff was directed to analyze
the potential impacts of plowing all city transportation trails.
As a result of the analysis, options are being provided for the Council’s
consideration regarding the cost, labor, and equipment required to provide winter
maintenance of the complete transportation trail system. Details include the
anticipated amount of time to complete and the likely completion of the various
sidewalk/trail winter maintenance priority levels.
There are currently four levels of priority for providing sidewalk/trail winter
maintenance. Priority 1 includes designated School Walking Routes.
About 5.6 miles of existing sidewalk and trails were not included as part of the total
city transportation trails due to lack of connectivity and were not a part of the
analysis.
In order to maintain the recently upgraded level of service (medium), additional
staffing, additional equipment or contracted services would need to be considered.
Consequences of an expansion of the winter maintained trail miles:
o Maintain current City staff & equipment
Service level impacts (See Current Staff Scenarios Exhibit)
o Maintain current level of service
City staff
• Additional staffing (1,135 part-time hours)
• Re-prioritize City-wide services (reduced level of service for other
City services - ice rink maintenance, water meter replacement,
etc.)
• Additional specialized equipment ($435,000: plows & tractors)
Contractual services ($70,000 annually)
Assumptions for Trail Winter Maintenance Analysis
o 2”-3” Snow Fall
o Plowing of streets commences at 4 am
o Majority of streets plowed by noon
o Winter maintenance of trail commences around 12:30 pm
o Seven (7) Streets Maintenance employees are currently available for trails
o OT allowed, max 12 hour working days
o School Walking Routes completed by end of calendar day 1 (day of event)
o Balance of routes completed by end of 2nd working day
o Height of snow banks allow for use of plows only- no blowers required
o Equipment used:
Trackless w/ V-plow
Bobcat w/ V-plow
Three (3) ½ ton P/U w/ V-plows
CAT Skidsteer w/ V-plow
Attachments: (1)
IV.-1 Current Staff Scenarios Exhibit
Public Works
Department
Responsibilities
and Service Levels
Council Workshop
February 12, 2019
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Public Works
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Desired Feedback
•Satisfaction with current task
•Satisfaction with current level of service
•Desire for new task
•Desire for deletion of task
•Desire for revised level of service
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Possible Results
•Related 2020-21 Budget requests
o Personnel
o Vehicles, Equipment, Software, Etc.
•Revisions to provided services
o Citizen impacts
o Staff impacts
o Council impacts
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I. Longtime Basics
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•Street Maintenance
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I. Longtime Basics
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•Sanitary Sewer Inspection & Maintenance
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I. Longtime Basics
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•Ice Control & Snow Plowing
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I. Longtime Basics
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•Public Improvement Design &
•Construction Management
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II. Aging Infrastructure, Part 1
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•Street Overlays/Reclamation
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II. Aging Infrastructure, Part 1
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•Lift Stations
•Water Meters (Replacement, AMI)
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III. Evolving Requirements
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•NPDES, Part I
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IV. Smarter thru Technology
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•GIS I
•Transparency I
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I. State & Federal Mandates
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•ADA
•TMDL
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II. Aging Infrastructure, Part II
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•Storm Sewer, Part I
•Water Main
•Street Construction
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III. Evolving Requirements
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•NPDES, Part II
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IV. Changing Times
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•Technology
•Asset/Risk Management
•ROW Management (5G/Mico/Small Cell)
•GIS II (Storm Sewer, Part II)
•Transparency II
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•Developments/Public Improvements
•Growth
•“In-fill” Development
•Stakeholders/Outside Agencies
•Financing/Assessments
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IV. Changing Times
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•Atlas 14 (Storm Sewer, Part III)
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IV. Changing Times
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•Workforce (Boomers -> Millennials, Farm -> Suburbia)