01/13/2000 - City Council Special
AGENDA
SPECIAL CITY COUNCIL MEETING
THURSDAY
JANUARY 13, 2000
4:45 P.M.
EAGAN MUNICIPAL CENTER
CITY COUNCIL CHAMBERS
1. ROLL CALL & AGENDA ADOPTION
II. VISITORS TO BE HEARD
III. REVIEW 2000 GOALS
IV. REVIEW USE OF CDBG FUNDS
V. CONSIDERATION OF RIGHT-OF-WAY
MANAGEMENT POLICY/ORDINANCE REVISIONS
VI. OTHER BUSINESS
VII. EXECUTIVE SESSION
VIII. ADJOURNMENT
MEMO
city of eagan
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JANUARY 7, 2000
SUBJECT: SPECIAL CITY COUNCIL MEETING/JANUARY 13, 2000
A Special City Council meeting is scheduled for Thursday, January 13, beginning at 4:45 p.m. in the City
Council Chambers. The purpose of the meeting is to review 2000 goals, review use of CDBG Funds and to
give consideration to a right-of-way ordinance.
REVIEW 2000 GOALS
During the time period, May through July 1999, the City Council developed a list of 15 goals that were later
revised and prioritized into five goal statements. As a method of organization, all of the individual
department work program/action plan items, along with the original fifteen objectives (goals) developed by
the City Council were incorporated and listed individually as specific objectives or action items under one of
the five broad goal statements. The City Administrator presented a 19-page goal and action plan for
1999/2000 incorporating the five goal statements and the status of each objective along with a list of
accomplishments for review at the Special City Council meeting held on November 9, 1999.
At that meeting the City Administrator was directed to include any additional items that we know are planned
for 2000 in the document and to remove any items that have been completed. It was also decided at the
November 9 meeting, that the next goal setting retreat would be scheduled for Thursday, January 13, 2000
and that the meeting would be held on cable. A copy of the section of the minutes of the November 9 Special
Ci Council meeting pertaining to the "Update on 1999 Goals and Accomplishments", is included on page
To prepare for the January 13th meeting, each department was asked to review and update the status of the
individual department work program/action plan items, along with the original fifteen objectives (goals)
developed by the City Council, include any new objectives, update the status of objectives that were not
completed during 1999, and remove completed objectives. Attached without page number for your reference
and review is a copy of the document, "GOALS AND ACTION PLAN YEAR 2000" that incorporates this
effort.
The five primary goal statements remain the same as the Council considered during 1999. The fifteen original
City Council objectives have not been ratified or prioritized by the City Council, however they are italicized in
the document for easy reference.
ACTION TO BE CONSIDERED:
To provide direction to the City Administrator and Department Heads regarding an action plan for Goals
2000. (All Department Heads will be present for this portion of the Special City Council meeting.)
REVIEW USE OF CDBG FUNDS
Each year staff presents information regarding the annual allocation of CDBG Funds that are provided by the
U. S. Department of Housing and Urban Development and administered through the Dakota County
Community Development Agency. The management team has reviewed choices for the CDBG allocation
and for information regarding choices that re uire policy direction by the City Council, refer to a memo from
Senior Planner Ridley enclosed on pages through to . Also enclosed on pages 7 thorugh
is a copy of the January 19, 1999 minutes that approve the CDBG Funding allocation for that fiscal
year. Also included in the attachment is information supporting the CDBG Grant for Wescott Square and
information relative to the CAC request.
ACTION TO BE CONSIDERED:
To provide direction to staff regarding allocation of fiscal year 2000 CDBG Funds. This item will be placed
on the January 18 regular City Council meeting agenda for final consideration and ratification.
CONSIDERATION OF RIGHT-OF-WAY MANAGEMENT POLICY/ORDINANCES
REVISIONS
The Public Works Dept has been reviewing the City's Public Right of Way (ROW) Management Program
during the past year to identify areas that should be updated as necessary to address the growing requests by
the increasing number of users wanting to install facilities within our right of way. Currently, 6 of the 7
Franchises for the traditional utilities are not current and should be renegotiated. Before doing so, it would be
appropriate to update our ordinances, ROW Management Program and fee schedules. Before the staff
presents this information to the general public and related Utilities for their review and comment, the Council
should be introduced to the issues. An introductory memo from the Public Works Director summarizing the
issue is enclosed on pages (:DC) through An executive summary of the proposed new
ordinance with fee schedule is enclosed on pages through The proposed full detailed draft
Ordinance is enclosed on pages through . It is not necessary that the Council read all of
this background reference information, as the staff will orally present a summary of important aspects of this
information at the workshop.
ACTION TO BE CONSIDERED:
To provide direction to staff regarding the proposed right-of-way management policy/ordinance revisions.
OTHER BUSINESS
There are no items to be considered for Other Business at this time.
EXECUTIVE SESSION
The City Attorney has asked that an Executive Session be scheduled to discuss negotiations/possible
condemnation proceedings for the acquisition of the "central park". The City Administrator will update the
negotiations which is timely since Duke Weeks is asking for a response on Friday, January 14.
/s/ Thomas L. Hedges
City Administrator
v~-
Page 2/Eagan Special City Council Meeting Minutes
November 9, 1999
Commerce, stated that she was not present with the Chamber when the last business forums were held,
but heard feedback and would like the City and Chamber to engage in similar forums next year. City
Councilmember Blomquist stated that she is very supportive of reinstituting the meetings and felt the value
for the business community and local government was strong when they were held three to four years ago.
Councilmember Masin asked if the forums are for Chamber members only or the entire business
community. Chamber President Johnson stated that notification would go to the entire business
community, similar to the format used the first time the business forums were held. It was the consensus
that the meetings are more beneficial if they are held at locations other than City Hall to the extent possible.
Councilmember Bakken suggested that the forums be scheduled on a quarterly basis during calendar year
2000. Eagan Chamber Chair Stapleton and Dakota County Chamber President Johnson both concurred
that quarterly would be sufficient for the first year. Jan Stapleton stated that the State of the City would
more than likely be the first business forum to be scheduled for early February. It might be appropriate to
offer surveys to those in attendance to help determine what topics would be beneficial for the Chamber and
City to consider for the remainder of the year.
Mayor Awada thanked both Cindy Johnson and Jan Stapleton for their coordination and
planning for the upcoming City Chamber business forums.
UPDATE ON 1999 GOALS & ACCOMPLISHMENTS
City Administrator Hedges stated that at the last Council retreat on July 6, direction was
given to incorporate the City's work program and action plan developed by the City Administrator on behalf
of all City departments and the fifteen (15) goals that were prioritized by the City Council into five (5) goal
statements. He named each of the five goal statements and stated that each Councilmember was given a
document entitled, "Goals and Action Plan 1999-2000" that contains the five written goal statements and a
progress update on every objective that was approved for each of the goals. Mayor Awada thanked the City
Administrator for preparing the information and asked if the Council and staff should plan for a retreat in
December to review the goals for consideration in 2000. Councilmember Masin asked when the goals will
be adopted that were discussed in July, 1999. Mayor Awada stated that the Council will need to meet and
provide direction to the staff with eventual Council ratification. Councilmember Blomquist spoke to the
accomplishments memo prepared by the City Administrator and commended the City Administrator and
staff for the amount of objectives that have been completed under each of the five goal statements during
1999. Councilmember Bakken suggested that any discussion of specific goals be held off until
Councilmember Carlson is present. Mayor Awada suggested that the City Council meet during the second
week of December to review the goals. Councilmember Masin asked that the Advisory Parks & Recreation
Commission look into plans for a millenium celebration based on information from the White House
Millenium Commission. She suggested that the Commission consider a statue as one idea.
Councilmember Masin further stated that she is agreeable to a workshop to discuss further the 2000 goals
and action plan. Councilmember Blomquist stated that she supports a meeting to review the goals,
however, would prefer the meeting be held on cable. Mayor Awada stated that each member of the City
Council should prepare notes and a sentence on each topic in preparation for the goals meeting. She
further stated that the list prepared by the Administrator should include any additional items we know are
planned for 2000 and all items that have been accomplished should be deleted from the goals and action
plan as presented. Councilmember Masin asked about Y2K readiness. City Administrator Hedges stated
that the City has conformed to all of its Y2K responsibilities with the League of Minnesota Cities, has
completed a recent City newsletter article and will be holding a final standing committee meeting with a full
report coming back to the City Council at the December 6 meeting. After further discussion, it was agreed
that the goal setting retreat would be scheduled for Thursday, January 13, 2000 and that the meeting would
be held on cable.
ADJOURNMENT
There being no additional business, the meeting was adjourned at 5:35 p.m.
Date City Clerk
3
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MEMO
city of eagan
TO: Tom Hedges, City Administrator
FROM: Mike Ridley, Senior Planner
DATE: January 7, 2000
SUBJECT: Fiscal Year 2000 CDBG Application
BACKGROUND
The Dakota County Community Development Block Grant (CDBG) Program sets off its new
program year annually on July 1st. The U S Department of Housing and Urban Development
(HUD) provides the block grant funding. Eligible CDBG funding programs need to adhere to
national objectives and eligible activities under the CDBG Program regulations. Generally,
CDBG funding can be used to assist people with low to moderate incomes and for efforts that
eliminate slums and blight. The City submits applications that are reviewed by the Dakota
County Community Development Agency (CDA), formerly the Dakota County Housing and
Redevelopment Authority, staff and CDBG District Committees. 'The CDA also prepares and
submits a one-year action plan for Dakota County Board approval which, in turn, is submitted to
the U.S. Department of Housing and Urban Development.
Over the last several years, the City has historically provided funding for housing rehab loans,
Wescott Youth Services, homeownership assistance, and set aside dollars that will accumulate in
the Home Swap fund and are earmarked for senior housing. Due to allocations made in FY's
1998 and 1999, the existing balance in the Home Swap (senior housing) Program Fund is
$230,000. There is also an existing balance in the Blight Removal (Cedarvale) Program Fund of
$60,000.
I have attached the Council's FY 1999 CDBG funding allocation for review (Exhibit A). The
FY 1999 CDBG funding amount was $236,000; however, CDBG Program Income and unspent
program funds from previous years added $121,000 for a total of $357,000.
FISCAL YEAR 2000
The CDBG funding amount for Eagan for FY 2000 increased slightly from 1999 and is expected
to be $240,632. While there is currently money in the housing rehab loan program and the
homeownership assistance program, virtually all of the unexpended money has been committed.
Therefore, the Council should assume that total amount of money available to be allocated for
FY 2000 is $240,632.
4
Based on discussion at the Department Head level, there was consensus that the City Council
should consider dedicating funds to assist with finding a lasting solution to the growing problems
in the Wescott Square area. The Parks & Recreation and Police Departments have identified this
as a primary area of need. I have attached memos from Director Ken Vraa and Chief Therkelson
that illustrate the on-going concern for this area of the City (Exhibits B & Q.
In addition, the City has received two external requests* for Eagan CDBG funding that the
Council may wish to consider providing program funding:
Community Action Council (CAC) - The CAC is a neighborhood-based nonprofit organization
that works in partnership with individuals, families, volunteers, schools, faith communities, and
businesses to help neighborhoods stay strong and healthy. The CAC is requesting the City of
Eagan allocate $25,000 of FY 2000 CDBG dollars (Exhibit D). CAC services include:
? Food Shelf
? Child Care Resource and Referral
? Lewis House (shelter for battered women and their children)
? Domestic Violence Intervention Project
? Sexual Assault Services
? Safe Exchange Center
o Violence Prevention Community Education
o Partners for Success (school-based family support services)
o No-interest Family Loans
? Transportation
? Income Tax Services
? Holiday Gift Program (Armful of Love)
? Volunteer Services
Resource Center for Fathers & Families (RCFF) - The RCFF is a sliding scale non-profit
agency established to provide resources that will help men become better parents and better
parenting partners regardless of marital status. The RCFF is requesting the City of Eagan
allocate $1,000 of FY 2000 CDBG dollars (Exhibit E). RCFF services include:
? Anger Management Courses
? Support Groups for Fathers
? Informational Family Law Seminars
o Parenting Classes
o The Relationship Course
? Fathers' Crisis Line
* The CDBG regulations describe public services as eligible activities. However, the
regulations state that "to be eligible, a public service must be either a new service or reflect a
quantifiable increase in the level of an existing service above that which has been provided".
And those public service activities must meet one of the national objectives of the CDBG
Program. Typically, they meet the objective of serving primarily low and moderate income
(LMI) clientele.
5.
Lee Smith, Community Development Supervisor, Dakota County CDA has reviewed both of
these requests and believes they both meet the LMI benefit objective. However, he is less
certain that each request meets the definition of a new or quantifiably increased service. I
have forwarded Mr. Smith's letter (Exhibit F) to representatives at the CAC and RCFF
asking both to comment on the eligibility requirements and to provide information on any
previous CDBG dollars obtained by their organization. I hope to have additional information
in this regard next week.
SUMMARY
The City's FY 2000 CDBG allocation will be $240,632. Obviously, funding each of the
established programs at the 1999 level is not possible. There are alternatives available from both
a programming and funding level standpoint. Dakota County would like our CDBG applications
submitted to the CDA by the end of this month. Ideally, on January 13`h, the Mayor and Council
will have enough information, discussion, and direction to allow CDBG to be an agenda item at
their regular meeting January 18`h in order to prioritize and formalize program funding for FY
2000.
Please contact me if you have any questions or need additional information.
LY
Eagan City Council Meeting Minutes; January 19,1999
Page 11
NEW BUSINESS
CDBG FUNDING FOR 1999
City Administrator Hedges provided an overview on this item.
Councilmember Blomquist moved to approve a resolution allocating Fiscal Year 1999
CDBG funding that includes deleting the allocation to Street Rehabilitation and reallocating those
funds to another area following City Council discussion.
Mayor Awada offered a friendly amendment to the motion also requesting deletion of
the funds allocated to Cedarvale Blight and a Senior Citizen Center following further City
Council discussion. Councilmember Blomquist accepted the friendly amendment.
Councilmember Blomquist said she did not believe the City Council should provide
money for street rehabilitation to a private townhouse development and would prefer more
funds be allocated to Cedarvale Blight and senior housing. Mayor Awada stated that the reason
she requested the deletion of funds to the Senior Citizen Center is because the City Council needs
to discuss the issue further. She agreed that street rehabilitation is a private matter and also
agreed that additional funds should be provided to Cedarvale Blight.
Senior Planner Ridley stated that according to the Dakota County HRA, CDBG funds can
only be used for land acquisition and infrastructure; however, additional funds for the
development of senior housing could be included in the Home Swap category.
Councilmember Blomquist amended her motion to approve a resolution allocating Fiscal
Year 1999 CDBG funding as follows:
Home Swap (Senior Housing) $130,000
Housing Rehabilitation Loans $115,500
Wescott Youth Services $ 10,500
Homeownership Assistance $ 10,000
Mary's Shelter $ 30,000
Scholarships $ 1,000
Cedarvale Blight X000
Total $357,000
A vote was taken on the motion. Aye: 5 Nay: 0
Reyne Branchaud-Linsk, Executive Director of Mary's Shelter, thanked the City Council
for allocating funds to Mary's Shelter.
4, city of eagan MEMO
TO: MIKE RIDLEY, SENIOR PLANNER
FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
DATE: JANUARY 5, 2000
SUBJECT: CDGB GRANT - WESCOTT SQUARE
In regards to the Community Development Block Grant Funds and our recent Department Head
staff meeting regarding CDBG, Parks and Recreation recommends the following:
• A continuation of $10,000 towards program development for the youth at risk program. The
funds are used to supplement junior recreational programs (elementary age) in the areas of
staffing, general supplies and field trips/events.
• The most significant portion of funds are to be set aside to combat the continued degradation
of the Wescott area.
As you are aware, the high turnover of the rental units has led to significant police issues. The
Police and Parks and Recreation Department have recently submitted a "Weed and Seed" grant
application to increase Police presence in this area. While the disposition of this grant is still to be
determined, full approval will still be significantly short of finding a lasting solution to the serious
problems in the area. As Chief Therkelson commented, the Police and Parks and Recreation
presence in the area does not get to the heart of the structural problems that need to be addressed.
There have also been a series of recent meetings to better define the persistent problems of this
area and to discuss a range of possible solutions. While this study is still ongoing, potential
components initially identified include:
¦ Street lighting, which is not now available, to lighten dark areas.
Security cameras positioned in particularly troublesome locations.
¦ Acquisition of one (or more) building and conversion to a police sub-station.
Exrh 3 IT
8
MEMORANDUM
EAGAN POLICE DEPARTMENT
3830 Pilot Knob Road
o Eagan, MN 55122
651-681-4700
rs~ o ^ N 651-681-4738 FAX
DATE: JANUARY 6, 2000
TO: MIKE RIDLEY, SENIOR PLANNER
Irr
FROM: KENT THERKELSEN, CHIEF OF POLICE
SUBJECT: CDBG GRANT - WESCOTT SQUARE
During the development of police department objectives for the year 2000, department staff members
were asked to identify the area of Eagan that suffers the highest incidence of crime and safety problems.
Without any hesitation, the Wescott Hills apartment area was named as the most troubled neighborhood
in Eagan.
Crime and safety has been a concern in the Wescott Hills area for many years. The complex has
received a disproportionate amount of police services, primarily in response to and investigation of
crimes and disturbances. The Police Department's goal for the area is to establish a high level of safety
and low level of fear for neighborhood residents.
Although the Wescott Hills apartments account for only 2% of the multi-dwelling units in the City of
Eagan, they account for 13% of police calls at multi-dwellings. We have recently observed an explosion
of gang graffiti on buildings within the complex and have also observed that some residents are taking
extraordinary measures to provide for their security. One apartment unit was noted with five locking
devices on the entry door. The Parks & Recreation staff assigned to the area have been contacted by
several social service agencies voicing serious concerns for the safety of their staff members while at
Wescott. A detailed analysis of police calls to the Wescott Hills apartments is underway and is expected
to be completed next week.
In order to reduce fear and crime in the Wescott Hills apartments, I propose that the police department
increase our presence in the area for the year 2000. This would be accomplished by the assignment of
two full-time uniformed patrol officers to the Wescott Hills apartments. The officer's initial goal would
be the arrest and prosecution of persons engaged in criminal activity in the area. After the initial goal of
a safer and more peaceful environment is achieved, the officers would continue to provide a visible
presence in the area, respond to calls for service, apply problem-solving techniques to chronic problems,
and work to strengthen the relationship between the residents and the police department.
Hopefully, with a safer environment in which to operate, human services from other agencies can be
provided more effectively. I also view an improved environment as the best way to improve the
9
Mike Ridley
Wescott Hills Apartments
January 6, 2000
Page Two
relationship between the Police Department and Wescott Hills residents. Current conditions contribute
heavily to an atmosphere of distrust between residents and the police officers that serve them.
The deployment of officers to the Wescott Hills apartment complex is intended as a temporary measure.
Police presence within the complex would ideally be scaled back as conditions improve. Reduced
crime, reduced calls for police service, and reduced fear of crime by residents would be indicators used
to determine police staffing needs.
The deployment of two police officers to the Wescott Hills apartment complex is consistent with the
terms and conditions of the "Clinton Cop" grant for year 2000. Additional funding would be required to
establish and maintain a workspace (rent, utilities, supplies, etc). I recommend that the Community
Development Block Grant be considered for these needs.
Thank you.
C/ Captain Rick Swanson
Captain Jim McDonald
to
((cAcJ
Together We Make A Difference
Lost
20730 Holyoke Avenue • P.O. Box 1256 • Lakeville, MN 55044-1256
(612) 985-5300 • TTY (612) 985-4077 • Fax (612) 985-4015
www.communityactioncouncil.org
November 24, 1999 -
Mr. Tom Hedges
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Tom:
Thank you for the opportunity to apply for Community Development Block Grant
money from the city of Eagan. For nearly three decades, Community Action
Council (CAC) has been serving residents of Eagan by addressing critical issues
that effect the quality of their lives. Community Action Council is a neighborhood-
based nonprofit organization that works in partnership with individuals, families,
volunteers, schools, faith communities, and businesses to help neighborhoods
stay strong and healthy. -
We are requesting $25,000 in Community Development Block Grant (CDBG)
money. This funding will be invested in our Community Family Support Worker,
who works directly with families from the Eagan community at St_ John Neumann
Church. We believe this funding request meets the guidelines for CDBG money
in that 97% of our clientele earns under $2,000 per month ($24,000/year). In
addition, over 95% of the families served in Eagan are two parent or single
parent families with children.
Community Action Council is unique in that we are able to address difficult issues
that challenge families by uncovering root causes and finding tong-term .
solutions. We have been successful at achieving this goal because we are able
to carry out our mission of,promoting long-term economic self-sufficiency,
preventing violence, and ensuring school success. This three-pronged mission
.has provided us with a strong, solid foundation as we serve the community. -
Families seeking services come to us with differing presenting needs.' The ability
to bring knowledge, cross training, crisis intervention, support, and resources that
address prevalent issues gives CAC the opportunity to look at underlying causes,
which is critical to families success in achieving their goals. .
1T 0
l) e
9u Pni 1Al nPPCPT1 IN11 ? FMPI 1)VFP
Services include:
• Food shelf
• Child Care Resource and Referral
• Lewis House (shelter for battered women and their children)
• Domestic Violence Intervention Project
• Sexual Assault Services
• Safe Exchange Center
• Violence Prevention Community Education
• Partners for Success (school-based family support services)
• No-interest Family Loans
• Transportation
• Income Tax Services
• Holiday Gift Program (Armful of Love)
• Volunteer Services ' ,
Partnerships within the community have been an integral part of CAC's ability to
carry out our mission. The collaboration with faith communities, schools,
businesses, police and other city programs have enabled us to provide
comprehensive services without duplication. -These'partnerships have also
afforded us great strength, because without them we could not have as powerful
-an impact on the community we serve.
Collaboration with faith communities has resulted in free office and food shelf
space at St. John Neumann Church to provide direct service to individuals and
families. Christ Evangelical Lutheran Church provides CAC with free storage
space for food donations. Faith communities in. Eagan have given support' to the,
program in the form of volunteer hours, cash gifts, needed items, and food,
donations. The food shelf is sustained by the donations generated by community
groups, including faith communities. Increased communication between staff
members at faith communities and CAC staff have maximized resources
because we are able to work together on issues and offer follow-up and follow- .
through to families.
Partnering with the city of Eagan has also resulted in, enhanced services. Office
space is donated free of charge at the Eagan, Police Department. An underlying
issue that is frequently discovered in the interview process is the client's
disclosure of being a victim of a crime. The sheer proximity of working side by
side with law enforcement has.given us the opportunity to work together
creatively on violence prevention issues such as domestic violence and sexual
assault. Partnership with the Police Departments chaplaincy program has also
been beneficial because we are able to step in to provide follow through to the
families and offer needed resources. . .
Partnerships with area schools, businesses, and civic groups have increased
awareness and have created opportunities to address the communities needs.
Numerous volunteer hours are contributed each month to serving families,
maintaining our food sites and keeping the shelves stocked.
The following are a few examples of the work we have done in Eagan in the first
six months of 1999:
Neighborhood Services
• 400 families received emergency food assistance/self-sufficiency support
• 444 individuals received on-going support and referrals to community
resources
• 32 families received emergency financial assistance, allowing them to
overcome a crisis such as utility shut-off, rental assistance, or car repair.
• 491 families accessed Child Care Resource and Referral
violence Prevention and Intervention 1998/1999
• 140 Eagan women attended outreach services, which include support
services, information and referral, and advocacy helping them cope with the
impact of violence in their homes. -
80 Eagan women attended support groups through Lewis House.
• 266 women accessed CAC's Domestic Violence Intervention Project due to
police involvement for a domestic dispute. - "
• 103 women were assisted through the civil court process of obtaining an
Order for Protection.
• 665 school-aged youth attended CAC's violence prevention presentations.
The numbers shown above are a clear demonstration of"how CAC has made an
impact in the lives of residents of Eagan. What the numbers. do not reflect is the
amount of hours that are spent working with families in person and over the
phone. On a typical day we field as many as 30 calls in addition to the
scheduled appointments with families. The Community Development Block
Grant funding is critical to maintaining this level of service. Other sources of
funding supporting this position include: St. Paul United Way and private
contributions from churches, businesses, community organizations, and
individuals.
Thank you for considering this important request. I hope this information
provides you a better idea of the significant services CAC provides to families in
the Eagan community.
Sincerely, -
Mary Aja
RESOURCE CENTER FOR FATHERS A FAMILIES
Burnsville Office
14551 County Rd. 11, Suite 100
Burnsville, MN 55337
612/997-4816 FAX 612/432-5855 Center%
- _ Fathers &
Families
Mike Ridley, Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mr. Ridley,
This letter is a request for CDBG funding. The specific request is for $1,000.00. The
money to be used to subsidize low-income fathers in the use of our services. We are a
sliding scale non-profit agency and many of our clients are low-income and cannot afford
to pay full-fee for the services.
The Resource Center for Fathers & Families is a 501 ® 3 non-profit family service
agency. Our mission is to provide resources that will help men become better parents and
better parenting partners regardless of marital status, to prevent violence and provide the
model that all children deserve. We believe that children need both parents. All the
research shows that the single most devastating effect on children of marital separation is
the loss of relationship with either parent. There are all kinds of services for mothers.
There were none for fathers, so this agency was formed.
In 1991 Neil Tift formed the Fathers Resource Center. It had an office in Dakota County
in the very building where we presently are housed. A volunteer ran it for a couple of
years. He became sick and moved from the area so the office was closed. In February of
1999 the FRC laid off all of their employees except the office manager. They were
closing all the outlying sites. The managers of the Blaine and Hopkins offices, Arnie
Engelby and myself said all the work that was done toward serving a great need was not
going to be destroyed. We formed the present agency, RCFF to continue the Hopkins
and Blaine services. We hired many of the former FRC professionals, and now continue
the work so needed by the dads.
We had gotten requests from a variety of Dakota County agency personnel over the years
at FRC to reopen the Dakota County location. In the summer of 1999 we (RCFF)
worked out an arrangement with the CAP Agency in Burnsville to establish an office and
begin providing the services so needed by the residents of Dakota County. We also
service a contract with Dakota County Parents Fair Share, a pilot program shared by two
other counties in Minnesota, to help low income fathers who are in arrears in their child
support payments to get back on track.
15,04(BrF r,
I have enclosed a copy of the conclusions of a number of national research efforts. As
you can see from the cost of father absence to families and communities is enormous
(Addendum I). So too, the National Counsel of State Legislatures has just published a
statement of awareness of the urgency of the issue. The recent tragedy here in Dakota
County is the problem at its worst.
Our response to fathers is to let them know they are not alone and isolated: that there are
resources to help them and to keep them involved in their children's lives through the
dissolution of a marital or family relationship. The prevention of violence, the prevention
of isolation and the continued healthy involvement of the dad with his children is critical.
The services outlined in the enclosed brochure and newsletter are those we find most
responsive to the needs of the family and the dad in crisis.
S cerely,
mome Schoenec er
Cirector
December 15, 1999
15
THE COSTS OF FATHER ABSENCE
FATHER - ABSENCE IS THE GREATEST SOCIAL PROBLEM WE FACE. IT IS
THE KEY TO REVERSING THE TRENDS OF MANY DOWNSTREAM
PROBLEMS THAT WOULD LARGELY ABATE IF GOVERNMENT POLICY WAS
SUPPORTIVE OF MARRIAGE AND MARITAL RESPONSIBILITY, AND IN THE
INSTANCE OF DIVORCE, WIN/WIN IN PARENTING AND CHILD SUPPORT
ISSUES. WORKING TO IMPROVE MENTAL HEALTH WITHIN MARRIAGE AS
WELL AS ENCOURAGING PARENTS IN DIVORCE AND SEPARATION TO
WORK THROUGH THE NORMAL PROCESSES OF CONFLICT RESOLUTION
AND TO ACHIEVE JOINT PARENTING OF THEIR CHILDREN.
HERE ARE BUT A FEW OF THE PROBLEMS PRIMARILY PREDICTED BY
FATHER AND HUSBAND ABSENCE:
* 63% OF YOUTH SUICIDES ARE FROM FATHERLESS
HOMES(SOURCE: U.S. D.H.H.S., BUREAU OF THE CENSUS)
* 90% OF ALL HOMELESS AND RUNAWAY CHILDREN ARE FROM
FATHERLESS HOMES. (SOURCE: U.S.D.H.H.S., BUREAU OF
CENSUS)
* 85% OF ALL CHILDREN THAT EXHIBIT BEHAVIORAL DISORDERS
COME FROM FATHERLESS HOMES: (SOURCE: CENTER FOR
DISEASE CONTROL)
* 80% OF RAPISTS MOTIVATED WITH DISPLACED ANGER COME
FROM FATHERLESS HOMES: (SOURCE: CRIMINAL JUSTICE &
BEHAVIOR, VOL. 14, p403-26.
* 71 % OF ALL HIGH SCHOOL DROPOUTS COME FROM FATHERLESS
HOMES: (SOURCE: NATIONAL PRINCIPALS ASSOCIATION REPORT
ON THE STATE OF HIGH SCHOOLS)
* 70% OF JUVENILES IN STATE OPERATED INSTITUTIONS COME
FROM FATHERLESS HOMES. (SOURCE: US DEPT. OF JUSTICE,
SPECIAL REPORT, SEPT 1988)
* 85% OF ALL YOUTHS SITTING IN PRISONS GREW UP IN A
FATHERLESS HOME. (SOURCE: FULTON CO. GEORGIA JAIL
POPULATIONS, TEXAS DEPT. OF CORRECTIONS 1992)
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17
DAKOTA COUNTY Housing & Redevelopment Authority 651-423-4800
2406-145rh Sr. W. • Ro,e n.'unr, MN 55068 • TD.l). 651-421-8182 • FAX 651-423-127
December 29, 1999
-
Mike Ridley
City of Eagan . + r • r
3830 Pilot Knob Rd. 2000
Eagan, MN 55122 ;
RE: CAC and RCFF Requests for CDBG Funding
Dear Mr. Ridley:
As you requested, I have reviewed the letter from Mary Ajax, CEO/President of the Community
Action Council, to Tom Hedges, requesting that the City of Eagan provide Dakota County Community
Development Block Grant (CDBG) Program funding in support of the CAC's activities that serve
Eagan residents, and the letter from Jerome Schoenecker of the Resource Center for Fathers and
Families, also requesting CDBG funding. The purpose of my review was to provide guidance to you
in evaluating the eligibility of such CDBG support for the activities described in these letters.
The CDBG regulations at 24 CFR 570.201(e) describe public services as eligible activities. However,
the regulations state that to be eligible for CDBG assistance, a public service must be either a new
service or a quantifiable increase in the level of an existing service above that which has been
provided". In addition, public service activities must meet one of the national objectives of the CDBG
Program. Most frequently, public service activities that receive CDBG funding meet the objective of
serving a primarily low and moderate income (LMI) clientele.
The activities described by Ms. Ajax in her letter would appear to be likely to meet the LMI benefit
objective, although documentation of this would need to be maintained if the activity were to be
funded. Some of the activities touched on by Mr. Schoenecker, notably the association with Dakota
County Parents Fair Share, also would appear to be likely to meet this requirement.
However, it is less clear as to whether or not either of these requests would fund a service or services
meeting the definition of a new or quantifiably increased service. In her letter, Ms. Ajax refers to the
CDBG assistance as being "critical to maintaining" the level of service described in the letter, which
would seem to make the request as framed in the letter ineligible for CDBG funding. The Schoenecker
letter does not provide enough information on which to base a judgement. My recommendation is
that, if the City is interested in forming a partnership with the CAC or the RCFF to support services to
Eagan residents through the CDBG Program, you need to discuss with them ways to create new or,. expanded services. Given the schedule for submittal of the 2000 CDBG application
to this office,
.
funding for FY2000 may. not be practical.
IT F
"AN EQUAL OPPORTUNITY EMPLOYER"
Call me at (651) 423-8113 if there are questions or comments.
Sincerely,
i
Lee Smith
Community Development Supervisor
Cc: Mary Ajax.
Jerome Schoenecker
Iq
city of eagan MEMO
DRAFT
TO: THOMAS L. HEDGES, CITY ADMINISTRATOR
FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: JANUARY 5, 2000
SUBJECT: CITY COUNCIL BRIEFING/ RIGHT-OF-WAY MANAGEMENT
PROPOSED RIGHT-OF-WAY ORDINANCE CHANGES
The purpose of this memo is to provide the City Council with background information in the area
of local management of public rights-of-way and to request direction following discussion at the
January 13, 2000 Special City Council meeting regarding the implementation of a formal Right-
of-Way Management Program.
BACKGROUND
Local governments have long provided public rights-of-way largely for public transportation.
Over time, these rights-of-way also became logical locations for a number of utilities. Because
these utilities were generally considered to be in the public interest and many of them, over time,
became regulated monopolies, they were permitted to occupy the public right-of-way along with
public utilities such as sewer, water and storm sewer facilities.
Most of the facilities within the public rights-of-way have also been subject to franchises which
permit local governments to set reasonable standards concerning the location of equipment,
restoration of damage, responsibilities of parties in the event of construction or rehabilitation and
other construction standards. The primary exception to local franchise regulations has been in the
area of telephone service.
The deregulation of the telecommunication's industry has introduced a substantial number of
additional service providers wanting to occupy the rights-of-way. At least some of these firms
will be telephone companies with the historic exemption from franchise regulations. Others will
be broader telecommunication firms and may be in a gray area with respect to franchising. At the
same time, the deregulation of the electric and gas utility industries introduces the probability of
overbuilding of redundant, competitive utility providers. Recently, we have had several requests
for redundant systems to service new developments in our community. While such utilities
remain subject to franchise regulations, it will be important that the same rules with respect to the
use of the rights-of-way apply to all users.
ao
The City of Eagan is different from the core metropolitan cities and older first ring suburbs in
that it tends to have wider rights-of-way and less need for utility providers to excavate streets and
sidewalks for utility installations. However, public rights-of-way are inherently limited in their
capacity to accommodate large numbers of utility facilities. As our City continues to grow, the
increased number of users wanting to be in the rights-of-way will conflict with one another and
with the maintenance of public utilities.
In deregulating the telecommunication industry, Congress specifically recognized the need for
and authority of local governments to manage public rights-of-way in the public interest. The
question around the country has been how best to do this without creating unreasonable barriers
to users of the rights-of-way.
DEVELOPMENT OF MODEL ORDINANCES
The Minnesota Public Utilities Commission, the League of MN Cities (LMC), and the City
Engineers Association of Minnesota (CEAM) have collaboratively addressed the fundamental
issues and challenges associated with right-of-way management. Utility vs. Local Regulation
cases have been forwarded through the court system with Courts offering rulings recognizing the
need for a uniform set of standards for local regulation. Several metropolitan communities
including St. Paul, Minneapolis, Bloomington, Fridley, and Roseville have adopted new Right-
of-Way Management Ordinances and Programs based upon recommendations and proceedings
from these groups. Representatives from utilities and communication companies voiced concerns
that local regulations not result in a patchwork of local requirements varying from city to city
around the state of Minnesota. The LMC/CEAM Model Ordinance has provided the basis for
"standardization" within parameters developed with input from all stakeholders.
ISSUE
To provide for the health, safety and well being of our citizens and to insure the structural
integrity of our assets, the City needs to keep rights-of-way in good repair and free of
unnecessary encumbrances. Our current City ordinances relating to right-of-way standards and
practices are limited in their scope and no longer adequately meet our current or future needs.
The primary issue before the City is whether to adopt recommended ordinance revisions (see
attached) based on the current draft of the LMC/CEAM Model Ordinance and policies/programs
currently in place in other metropolitan communities. Enacting this ordinance will allow the City
to enter into the 2000 construction/building season with construction standards in place, and the
responsibilities of all parties more clearly defined. Such an ordinance would appropriately
address the health, safety and welfare of the community. Specifically, it addresses things such as
permit requirements, mapping and reporting obligations, standards for location and installation of
equipment and lines, relocation of equipment, removal of abandoned equipment, right-of-way
restoration, other obligations and remedies and recovery of costs. (Please see attached Executive
Summary.)
ai
Our current Public Works Right-of-Way Management Program consists of permitting significant
construction and rehabilitation of utilities in our rights-of-ways. The City has 7 franchise
agreements with private companies providing utility services to our population, 6 of which are not
current. The proposed ordinance will be applicable to all users of the rights-of-way including
telecommunications providers and private utilities. While private utilities may also be regulated by
local franchises, it is in the City's best interest to have the same standards with respect to right of
way usage addressed in the ordinance to insure a level playing field. Our goal is to coordinate the
implementation of the Right-of-Way Management Program and Right-of-Way Ordinances
followed by renewal of existing franchises with individual utilities.
Attached to this memo is the draft resolution, proposals to revise our City ordinances related to
right-of-way management, and a suggested fee schedule designed to recover City costs related to
this effort. Following input from our Council, we plan to meet with current and proposed utilities
and communication right-of-way users working together to address concerns to make this
program successful.
As always, I would be more than happy to provide any additional information you may need.
Respectfully submitted,
Director of Public Works
Attachments: Draft Ordinance Revisions
Executive Summary/ Draft Fee Schedule
C: Russ Matthys, City Engineer
Arnie Erhart, Superintendent of Streets and Equipment
Wayne Schwanz, Superintendent of Utilities
Ca
City of Eagan
Right-of-Way Management
Ordinance Revisions
EXECUTIVE SUMMARY
Draft Right-of-Way Ordinance Revisions
o Draft Fee Schedule
Introductory Ordinance Resolution
The introductory Resolution provides an overview of the rational behind the new
ordinance changes recognizing the legal authority granted under state and federal
statutory and regulatory laws.
Ordinance Revisions
The new ordinance revisions begin with the clarification that the Eagan City Code
Chapter Seven will now be amended. A new Subdivision I of Section 7.05 is
added and the remaining subdivisions are renumbered accordingly.
SECTION 7.05 Obstructions in streets.
Subd. 1. This segment differentiates current existing City Code pertaining to
obstructions in streets which will remain.
Subd. 2. This segment explains that the new Section 7.06 will replace that old.
i a5
SECTION 7.06 Public right-of-way regulations
Subd. 1. Application and scope. Identifies section as applying "exclusively"
to excavations and obstructions in rights-of-way by utility owners. Other
excavations and obstructions are regulated elsewhere.
Subd. 2. Definitions These definitions provide clear explanations of
language used throughout the right-of-way ordinance provisions giving
permittees clear definition of expectations.
Subd. 3. Franchises This subdivision explains that the city may choose
to require franchises with any person who seeks to have facilities in rights-of-
way. It also allows for franchises in existence prior to these ordinances changes
to supercede any conflicting terms of this Section.
Subd. 4. Registration requirement.
Paragraphs A., B., and C. provide detail specifics for registration requirements.
Subd. S. Permit requirement.
Paragraph A in this section explains provisions for excavation and obstruction
permits.
Paragraph B explains conditions for permitting including Gopher One registration,
emergency numbers for local representatives, persons performing the work,
certificate of insurance, and details and mapping data required.
Paragraph Cdeals with specifics for denial of a permit by the City of Eagan.
Subd. 6. Conditions of permit and registration. This section explains
general conditions for right-of-way construction and permitting including:
A. Specific dates for permitting
B. Permit display
C. Notification of City for late starts or early completion
D. Installation compliance with federal, state and local laws
E. Right-of-way restoration
F. Right-of-way standards
G. Unsafe/unsanitary conditions and free passage of run off water
H. Minimal interference with public right-of-way traffic
I. Precautions insuring safety of general public
3. Advance notice of abutting property owners
K. Gopher State One Call compliance
L. Uniform Manual For Traffic Control compliance
M. Permittee compliance
N. Appropriate signage for trail or drive cuts
0. Approved OSHA trenches
P. Sheathing and bracing for excavations, trenching and jacking pits
Q. Protection of root growth of adjacent public/private trees
R. Coordination of work with other public right-of-way users
S. Maintaining access to properties/cross streets at all times
T. Location and replacement of property corners/lines
U. Restoration of rights-of-way according to PUC plates 1-13
V. No use of steel tracks on City roadways
W. Daily clean-up of debris/dirt
X. Compliance with local permits, licenses, fees and codes
Y. No work outside specified permit area
Subd. 7. County and state rights-of-ways
All permittees must provide copies of State and County R.O.W. permits for work
in the City of Eagan with in 48 hours.
Subd. S. Installation of underground facilities within public rights-of-ways
This section details installation and construction standards for underground
facilities within rights-of-way including:
A. Underground facilities must be located according to standard City plate #360
B. Right-of-way alignment and grade must be maintained
C. Facilities that must no less than 3 feet and no more than 4 feet deep
-Fiber facilities (must also be in conduit)
-All copper facilities below hard surfaces
-All other copper facilities must be no less than 30" or more than 4 feet deep
D. All underground facilities under hard surfaces shall be directional bored and
installed in conduit unless otherwise approved by the City
E. Observation holes are required where potential conflict may occur with city
facilities during construction/installation
F. In open cut facility installation, visual warning tape tracers must be installed
12" above facilities
G. During plowing or trenching operations, warning tape must be placed 12"
above fiber facilities and copper facilities over (200) pairs and a locating wire
or conductive shield is required above telecommunication facilities
H. Compaction in trenches or holes outside of hard surfaces shall be 95% of
Standard Proctor. Compaction under hard surfaces (sidewalks, trails, streets)
shall be 100% to depth of 36" below base and backfill material must be
brought to the bottom of the granular street section. Compaction shall be
accomplished with vibratory compactors and fill must be placed in 12" layers.
Material from excavation is acceptable backfill provided it is primarily
granular. Restoration of boulevards must include a minimum of 4" of topsoil.
I. All facilities must be placed so as not to interfere with current or future traffic
signals or signs.
3. Above ground appurtenances must not be located in front of or within site
lines of City signs, monuments, or amenities or closer than 10 feet to City
hydrants, waterline valves, manholes, lift stations or catch basins. Minimum
offsets from sidewalks and trails shall be 2 feet.
K. Underground facilities shall not be installed between a hydrant and a valve.
L. Underground facility placement will be no closer than 5 feet to City utility
appurtenances where space is available- no closer than 3 feet where no utility
easements exist.
M. Permittees must contact City utility representatives at least two weeks prior
to extensive locate requests.
N. All facility installations must comply with the National Electric Safety Code.
Subd. 9. Supplementary permits or permit extensions
Paragraphs A. and B. limit the scope of excavation perimeters and dates of work.
Paragraph C. Permittees joining a scheduled public improvement are not
required to pay excavation or obstruction portions of the permit fee.
S u b d . 10 Revocation of permits
Paragraph A deals with City's ability to revoke right-of-way permits without a fee
refund where substantial breach of terms or conditions is noted including the
following:
1. Violation of any material provision of permit.
2. Any material misrepresentation of fact.
3. Failure to maintain required bonds or other security and insurance.
4. Failure to complete work in a timely manner.
5. Failure to correct work that does not conform to applicable standards,
conditions or codes upon inspection and notification.
6. Evasion or attempt to evade any material provision of this right-of-way
permit.
Paragraphs Band C provide direction for notice of revocation and reimbursement
of City costs.
Subd. 11. Permit and registration fees
This section describes payment of permit fees, application fees, delay penalty
fees, and joint applications.
Subd. 12. Public right of way restoration.
Paragraphs A. and B. in this section describe completion within specified permit
dates and restoration costs designation. The City may require a 24 month posted
security.
Paragraph C. discusses standards for permittee restoration providing opportunity
for the City to prescribe manner and extent of restoration process for certain
circumstances including the number, size, depth and duration of excavations,
considerations such as traffic volume in the right-of-way, pre-excavation
condition of the right-of-way, remaining life expectancy of the right-of-way
affected by the excavation and relative cost of method of restoration in balance
to prevention of accelerated depreciation of right-of-way.
Paragraph D. designates a 24 month warranty period during which the City may
require correction of defects within 5 calendar days.
Paragraph E. requires permittee to submit "as Built" drawings to the City in an
electronic format following project completion.
Subd. 13. Inspection
Paragraph A. Permittee must allow inspection of projects at any time,
Paragraph B. provides information on violation of permit terms, correcting
violations or defects, and revocation of permits as well as cessation of work.
Paragraph C. requirements for permittee to sign a project completion certificate
identifying installer and designer of record. The permittee must also submit "as
built" drawings within 60 days. Any deviations greater than plus or minus 2 feet
must be noted.
Subd. 14. Permissible work without a permit.
This section describes emergency situations wherein the owner or the City may
take whatever action it deems necessary to respond to an emergency the cost of
which shall be borne by facilities occasioning the emergency. This section also
has provisions indicating that appropriate permits must be obtained within two
business days.
Subd. 15. Mapping data.
Paragraph A. Information about mapping requirements including:
1. Need to provide location and depth (based on references to finished grade
elevation using City datum) and above ground appurtenances of permittees
equipment related to property lines, etc., and coordinates used by the City.
2. Type and quantity of utility
3. Detail scaled drawing of above ground appurtenances
4. Providing a legend
5. Location and depth of facilities to be abandoned
Paragraph B. Submittal requirements
1. Mapping data must be submit within 60 days of project completion
2. Public right-of-way users must submit initial detailed mapping data to the
City within 6 months of approval of these ordinances followed by updates
annually by April 1st each yr.
3. The City will protect "trade secret" data as per the MN Data Practices Act.
Paragraph C. Excavation permit mapping fees will be waived for mapping data
supplied in City GIS compatible formats.
Subd. 16. General public right-of-way regulations
Deals with relocation of existing facilities, installation of any telecommunication
facilities, and construction and location requirements for utility facilities.
Paragraph A. any new construction or installation of new facilities shall be
underground
Paragraph B. deals with the City's ability to assign specific corridors within right-
of-way for installation of facilities based on current technology
Paragraph C. gives the City power to prohibit all existing and potential users
from right-of-way, installations guided primarily by considerations of public
interest, public needs or public safety.
Paragraph D. provides specifications for relocation of facilities in the right-of-
way at owner's expense, when it's necessary to prevent interference with the
a?
present or future City use of right-of-way for a public project, the public safety or
health, or the safety and convenience of travel over the right-of-way.
Paragraph E. Explains City responsibility to notify local representatives of facility
operators for removal or relocation for City work within the right-of-way. Facility
owners are responsible for the cost of repairing any facilities in the right-of-way,
which it or it's facilities damage including damage to private amenities
(sprinklers, etc.) Facility owners are also responsible for the cost of repairing
damage to facilities of another caused by a City response to an emergency
occasioned by that Owner's facility.
Subd. 17. Public right-of-way vacation
Paragraphs A and B. These paragraphs provide the City the ability to vacate
right-of-way without financial burden potentially requiring relocation of registrant
or permit holder's equipment or facilities.
Subd. 18. Indemnification and liability
Paragraphs A. and B. These paragraphs provide for the City's limited liability
dealing with injuries, personal property damage, loss of service, or claims or
penalties of any sort resulting from installation, presence, maintenance or
operations of equipment or facilities by registrants or permit holders. The
indemnification portion holds the City, its officials, employees and their agents
free and harmless of costs, liabilities and claims for damages.
Subd. 19. Abandoned facilities
Paragraphs A. and B. describe provisions for operators submitting an action plan
for removal or abandonment of equipment and facilities to the City. The Director
shall require removal of such equipment and facilities if the Director determines
such removal is necessary to protect the public health, safety, and welfare. The
provision also requires right-of-way user to notify the City when facilities are to
be abandoned.
Subd. 20. Appeal
This section deals with right-of-way users' ability to appeal denied registration,
denial of permit, permit revocation, fee validation, or fees that are imposed.
Subd. 21. Insurance
Specifies insurance or self-insurance details
ag
APPENDICES
SUGGESTED FEE SCHEDULE
Any fees imposed under this chapter shall be reviewed and adopted at least annually at
the same time and in the same manner as other fees established by the City.
At any time, in its discretion, the City expressly reserves the right to review the fees
imposed in this Chapter and, upon notice and public hearing, modify them if it is
satisfied that such action is necessary to reflect the cost of regulating and supervising
the activities governed by this chapter.
Resolution establishing ROW Management Fees
RIGHT-OF-WAY FEES & CHARGES
Cost Estimates for Fees
1. Registration Fee
Time Involved X $ Per Cost
our Hour
Administration 0.25 X 40 = $ 10.00
Review 0.50 X 40 = 20.00
Recording 0.25 X 40 = 10.00
Total Cost $ 40.00
Proposed Fee = E40-0-0
2. Excavation Permit Fees
A) Hole
Administration 0.25 X 40 = $ 10.00
Verification
1) Plan Review 0.50 X 45 = 22.50
2) Inspection
a) Location before work 0.50 X 30 = 15.00
b) Compliance during work 0.50 X 30 = 15.00
c) Completion after work 0.50 X 30 = 15.00
d) Reinspection 0.25 X 40 = 10.00
3) Testing Result Review
a) Compaction 0.083 X 40 = 3.33
b) Material 0.083 X 40 = 3.33
4) Mapping
a) Review data 0.25 X 45 = 11.25
b) Transfer to Autocad 0.25 X 45 = 11.25
c) Insert to overlay to tie in 0.25 X 45 = 11.25
Total Cost $127.91
Proposed Fee 1~ 25.00
31
B) Emergency Hole
Administration 0.25 X 40 = $ 10.00
Inspection after completion 1.50 X 30 = 45.00
Total Cost $55.00
Proposed Fee 155.00
C) Trench
Administration 0.25 X 40 = $ 10.00
Verification
1) Plan Review 1.50 X 45 = $ 67.50
2) Inspection
a) Location before work 0.50 X 30 = 15.00
b) Compliance during work 1.50 X 30 = 45.00
c) Completion after work 1.50 X 30 = 45.00
d) Reinspection 0.75 X 40 = 30.00
3) Testing Result Review
a) Compaction 0.083 X 40 = 3.33
b) Material 0.083 X 40 = 3.33
4) Mapping
a) Review data 0.50 X 45 = 22.25
b) Transfer to Autocad 0.25 X 45 = 11.25
c) Insert to overlay to tie in 0.50 X 45 = 22.25
Total Cost $275.40
The average trench is 330 lin. ft. past the width of a hole.
Therefore, the number of 100 lin. ft. (or portion thereof) units is
4. The cost per 100 lin. ft. unit is 275.40 / 4 = $68.85/100' unit.
Proposed Fees = $ 70.00/100 lin. ft.
(Plus Hole Fee)
3. Obstruction Permit Fee
A) Administration 0.25 X 40 = $ 10.00
B) Recording 0.25 X 40 = 10.00
C) Review 0.75 X 45 = 33.75
Minimum Base Coat $ 53.75
Proposed Base Fee $ 50.00
Plus additional fee based on length
Inspection
1) Compliance during work 1.50 X 30 = $ 45.00
2) Completion after 0.25 X 30 = 7.50
Additional fee on assumed 1000 lin. ft. permit = $ 52.50
Additional cost per lineal foot = $52.50 / 1000 = 0.0525
Proposed Fee = $50.00 plus 0.05 tin. ft.
4. Permit Extension Fee
A) Administration 0.25 X 40 = $ 10.00
B) Recording 0.083 X 40 = 3.33
C) Review 1.0 X 40 = 40.00
Total Cost = $ 53.33
Proposed Fee = 55.00
5. Delay Penalty
A) Administration 1.5 X 40 = $ 60.00
For up to 3 days of non-completion and non-prior notice before
specified completion date.
After 3 days, an additional charge of $10/day will be levied.
Total Penalty Charge = S 60.00
(Up to 3 days late)
Each day late over 3 days = 60.00
Plus 10.00/Day
33
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY" BY
AMENDING SECTIONS 7.05 & 7.06 REGARDING REGULATION OF PUBLIC RIGHT-OF-
WAYS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 X\ D
SECTION 7.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Seven is hereby amended by adding a new Subd. I of
Section 7.05 and renumbering the remaining subdivisions accordingly, to read as follows:
Sec. 7.05. Obstructions in streets.
Subd 1. Application and scope. This Section shall not apply to obstructions within public
rights-of-way by a person or entity owning or controlling a utility service facility therein, which is
regulated elsewhere in this Chapter.
Section 2. Eagan City Code Chapter Seven is hereby amended by deleting Section 7.06 in
its entirety and replacing 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 oN\ r,
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 ha\ e
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; or (2) a facility 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 means the actual costs incurred by the City for public rights-of-
way management, including, but not limited to, costs incurred in connection with the registration
process, the excavation or obstruction permit process, the inspection of project work and
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restoration and enforcement and correction of non-complying project work. rnapllln~_, Oil'
right-of=way users and maintenance and regulation of public right-of-ways occupied by pul
ri<_ht-of-way users.
l )ri g crux means the City of Eagan Director of Public Works and his/her desi~nL
1:nnrc'1*genc?• means a condition that (1) immediately endangers the life or safety
persons. (2) cause an immediate threat of significant loss or injury to property: or regtlil;
immediate repair or replacement in order to restore service to customers.
l;yiripinent means any thing tangible used to install, repair or maintain facilities in an
public right-of-way.
T.xccn•atc or excavation means to dig into or in any way remove or physicall\ disturb a:
penetrate any public right-of-way ground surface, or any portion thereof.
f.vcaraiion permit means a permit which is issued by the City authorizing the permit:::
to e.xca\ ate in a public right-of-way as specifically described in the permit.
I:lcilint or facilities means anything tangible, including equipment, which is re,,uire.
pro\ ide utility services.
Hair means an excavation having a length that is equal to or less than the .k idtil of
public ri_hr-of-way for the section of the roadway where the work is occurring.
LU Lal representative means a person or designee of such person authorized N. a pug l
ri_ilt-of-\\av user to accept service and to act and make decisions regarding all matters \\ithin ti,,
-.cape of this Section on behalf of the public right-of-way user.
0hNI17/0 or obstruction means to place or the placement of any object in a public rfe
ot=w ay. or to remove or the removal of an existing structure, or any portion thereof front
public right-of-way, for an aggregate period of eight (8) hours or more.
Ohcirrrction permit means a permit which is issued by the City authorizing the permitt~.
to obstruct a public right-of-way as specifically described in the permit.
I'alch or patching means a method of roadway surface replacement or restoration the
consists of (1) the compaction of the sub-base and aggregate base; and (2) the replacement.
kind. of the existing roadway surface for a minimum of two (2) feet beyond the edges of
excavation in all directions.
I'L'rIi)iltcc' means a person to whom a excavation or obstruction permit has been issued
the City under this Section.
/'iT'.Q means an individual or entity subject to the laws and rules of this stag !','M
,organized. whether public or private, whether domestic or foreign, whether for pruil:
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nonprofit, and whether natural, corporate, or political.
Project or project work means any activity, including construction. reconstructs :1-
installation, maintenance, relocation, or replacement of any facility or a public right-of-\\a\ in
which the facility is located and restoration of the public right-of-way that is regulated under thi,
Section.
Public right-of-way or public rights-of-way means the surface, air space abo\ e tl„
surface and the area below the surface of any public street, highway, lane, path, alley- side«a!h.
trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, park\\ ay-
waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the Cite
owned by or under control of the City, or dedicated or otherwise conveyed to the City for gene.-al
public use, including, but not limited to, any riparian right, which, consistent with the purpos:~,
for which it was created, obtained or dedicated, may be used for the purpose of installing.
operating and maintaining a System. No reference herein to a "public right-of-xyay" 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 the System.
Public right-of-way user means any person or entity which owns or controls a facility tip::;
is located, or is sought or intended to be located, in a public right-of-way including persons
have installation and maintenance responsibilities by contract, lease. sublease or assi<'nillent
Restore or restoration means the process, including patching, by which a public right
way and surrounding area, including pavement and foundation, is returned to the same condition
and life expectancy that existed before any project work.
Restoration cost means the amount of money paid to the City by a permittee to nlee:
restoration requirements in accordance with plates 1 to 13 of the PUC rules.
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 unCludin
a directional bore.
Utility service means services provided by: (1) a public utility as defined in `1innesot.t
Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm
communications, water, sewer, electricity, light, heat, cooling energy, or power services. ) 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 person who has or seeks to have facilities or equipment located in any public ri h:-
of-way to obtain a franchise.
Subd. 4. Registration requirement.
A.. Registration. As of the effective date of this Section, any public right-of-\/ a\ ul-.r
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which owns or controls a facility within any public right-of-way. or any portion
thereof, shall register annually with the City. Registration shall he 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.
B. Transfer of ownership or interest. Whenever any public right-of \~av 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 notit\
the City of the date of the conveyance and the name of the transferee within fig e
(5) 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 without fiat
having obtained the appropriate permit from the City. An excavation permit i.
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.
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-xcay, 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 Cit\ and
completed and submitted to the City with the following information
a. The applicant's name; Gopher One-Call registration certificate
number; 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 re`=ardinu hovv,
to contact the local representative in an emergency.
c. The name, address and telephone number of the person(. ,o or
entities, other than the applicant, to perform the project work or
any portion thereof
d. A certificate of insurance or self-insurance verifyin , the coy era_e
as required in this Section.
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e. All mapping data and information in form and substance a
required in this Section. except a registrant who is not appl\ n` t;)r
an excavation or obstruction permit need not pro\ ide this
information
f. A detailed description and scaled dra%\ ing of the propose: one ect
and project work. 1nCludin : identification of the obstructions to
placed. the size and depth of any excavation, the schedule tier
commencement and completion of the proposed project. the
location. size and species of any trees ithin. and extending feet
beyond. the designated ww ork area.
C Issnujicc of pernniu. The City shall grant a permit. Unless any of the tolio%\ inL,
exist:
The applicant failed to fully comply with the application requirements
herein.
The City has initiated revocation of a prier permit Issued wider this
Section against the applicant.
3. The applicant has violated within the past to ( 2) years an\ requires;:_r;ts
of this Section
4 The time schedule for the pro c' will conflict or interfere an
exhibition. celebration. festival :n\ other similar event in the area of the
project
The time schedule for the pr; ;ect conflicts vvith scheduled public
improvement of the public right-of-v. ay
6. The proposed project violates a pro\ ision of this Code
7 The proposed project is adverse to the public health. safet\ and elfare. h\
interfering with the safety and convenience of ordinary travel over- the
public right-of-\~av. or endangers the public right-of-\\a\ and its uses
based on one or more of the follov, in_ factors
(a) The extent of public area available.
(b) The competing demands t n the pare cular proposed area sl~:.r in
the public right-of-way.
(c) The availability of other locations in the public right of=\~a. ir,
other public rights-of-\\a_. fur the fa,ilh\(-) or equipment o: ih~
permit applicant.
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(d) The applicability of an ordinance or other regulation that affect the
location of a facility or equipment in the public right-of-\\av.
(e) The applicant's prior compliance with the terms and conditions of
its franchise, this Section and other applicable ordinances and
reculatiolls.
(f) The disruption to surrounding neighborhoods and businesses that
ill result from the project in the proposed area of the public right-
of-way:
t The condition and age of the public right-of-\\a\, and the City's
scheduled reconstruction thereof, and
(h) The costs of disruption to the public and dama~_,e to the public
right-of-x\ av balanced against any benefits to the public ser\ed by
an expansion into additional parts of the public right-of-way for
facilities or equipment.
.111/'J ( (-''IlcIl(lvll.' w I)erll1( J'L./ !egLslra(1o/l All permi'~, issued all registrations
made under this ` L i ion spa'. he subject to the follo\\ ing requirement
person exea\ate or obstruct the public r;__ht-of=~~::. after the date
spe,.ifled in permit. unless the person obtains a ne\~ per:rri or obtaills all
e\tension before the expiration of the original permit
B .A permits i~~,ued under- this Section shall be conspicuous:; displayed
or- at all times at the indicated pn,iect work site and shall be
ayaii,,ble for inspection itllmediately upon request b the Director or his her
de : nlee
C If the obstruction or excavation of the public right-o f-\\a\ beg,rs later or ends
sooner than the dates specified in the permit, the perm.ittee sh;,il promptly notify
the Director.
D Installation, placement. location, and relocation of equipment and facilities shall
comply with all federal. state and local laws.
E Public right- -way restoration shall be in acco..'.:ri e the restoration
regulations ,vi forth in this Section.
F Inst:±llation o! all underground utilities shall h in acc-r.:once %\Ith tile
unde•r_round ::'tlities regulations set forth in this Se,- on and a', other applicable
fed::,'. state ;d local la\/ s
G Prec::utions be taken as are necessary to avoid ,.,:tin<< un.,:te or unsanltar\
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conditions and a permittee shall not obstruct a public right-of-way so as to hinder
the natural free and clear passage of water through the gutters or other waterways
H. 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.
1. 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.
J. 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.
K. The permittee involved in underground projects shall register with Gopher State
One Call and comply with the requirements thereof
L. 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.
M. The permittee shall comply with all conditions of the permit.
N. When any trail or drive has been cut, the appropriate signage must be kept in
place and maintained until restoration is complete.
0. 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.
P. 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.
Q. The permittee shall protect the root growth of significant trees and shrubbery
located within the public right-of-way and adjacent thereto.
R. The permittee shall coordinate project work and installation of facilities in co-
locations with other public right-of-way users.
S. The permittee shall maintain access to all properties and cross streets during
project work, including emergency vehicle access.
T. The permittee shall physically locate property lines abutting the project work. The
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permittee shall replace, with the services of a Minnesota-licensed sure eyor. an,
property corners or monuments disturbed as a result of the project.
U The permittee shall complete restoration of the public right-of-\\a\ ir"
conformance with this Section.
V. No permittee, or any agent, subcontractor or employee thereof, shall use Iu<<,
(steel tracks) on any roadway surfaces.
W. The permittee shall remove daily all dirt or debris from the public right-of-\\ a\
during project work.
X. The permittee shall obtain all other necessary permits, licenses and approvals. pa'
all required fees therefor and comply with all requirements of local. state and
federal laws.
Y. The permittee shall not do any work outside the project area as specified in the
permit.
Subcl. ('ornul, or state right-of-ways. Any public right-of-way user who is required t.
obtain any count,,, or state permit for excavation or obstruction in any Dakota Count\ 0'
Minnesota Department of Transportation right-of-way must provide a copy of the perm,;
application and permit to the City within 48 hours of obtaining the permit.
ti'ubcl. -S'. Insiallation of underground facilities within public right-r f-ii at s. The perntittCL
,hall comply with the following requirements when installing underground facilities
A Underground facilities shall be installed outside the paved or surface area l:'
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 disturbinL:
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 (3) feet deep and no more than four (4) feet; copper facilities belo', concrete
or bituminous paved roadway surfaces shall be buried no less than three (3) fee,
deep and no more than four (4) feet deep, and all other copper facilities shall b,.
buried no less than thirty (30) inches deep and no more than four (4) feet deep.
D All underground facilities which cross streets or hard surfaced drive\\ a% s shall hL
directional bored and installed in conduit;
E When required, the permittee shall excavate an observation hole o\ er a Cit',
utility to ensure that a City utility is not damaged;
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F. If the project work involves an open cut, the permittee shall install Visual tracers
every twelve (12) inch intervals and over buried facilities. If other construction
methods are used, substitute location methods may be used upon approval b\ the
City;
G. During plowing or trenching of facilities, a warning tape shall be placed at a depth
of twelve (12) inches above copper cables with over two hundred (200) pairs and
fiber facilities and a locating wire or conductive shield shall be installed above
buried telecommunication facilities, except for di-electric cables.
H. Compaction in any trench or hole outside of any hard surface shall be ninety-ti% e
percent (95%) of Standard Proctor. Compaction under any hard surface
(sidewalks, trails and streets) shall be 100% of Standard Proctor to a depth of 36"
below base. Backfill must be placed in 12" layers and material shall be subject to
the approval of the City. Material from the excavation may be acceptable
provided such material is primarily granular in nature. Compacted backfill shall
be brought to bottom of the gravel of the approved street section. Compaction
shall be accomplished with hand, pneumatic or vibrating compactors. as
appropriate. Restoration of boulevards shall include a minimum of four inches of
topsoil;
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 (10) feet to City hydrants, waterline valves, manholes, lift stations.
catch basins; not in front of or within visual sight lines of any Cit\ siUn.
monument or amenity for facilities or parks; and no closer than t vo (2) feet from
sidewalks and trails;
K. Underground facilities shall not be installed between a hydrant and an au\iliary
valve;
L. Where utility easements exist beyond the roadway surface area of the public ri`_ht-
of-way and space is available therein, underground facilities shall not be installed
within five (5) 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 (3) feet to an existing City utility appurtenance, unless approved by the Cite
M. In projects where an extensive effort to determine the location of City utilities
lines will be required, the permittee shall contact the City's Gopher State One Call
representative two (2) weeks prior to the beginning of the work and shatl
cooperate to determine the location of the City utilities.
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N. The location and installation of telecommunications facilities shall compl\ ith
the National Electric Safety Code, as incorporated by reference in Minnesota
Statutes.
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. If a
permittee does not complete the work by the permit completion date. the
permittee shall obtain a new permit or permit extension before continuing with the
project work after the permit completion date.
C. City projects. Any permittee who joins in a scheduled public improvement b\ the
City is not required to pay the excavation fee and the obstruction portions of the
permit fee.
Subd. 10. Revocation of permits. .
A. Grounds for revocation. The City may revoke a permit issued hereunder on the
following grounds:
1. A provision or condition of the permit or City Code was violated
2. A 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.
5. The permittee failed in a timely manner to correct work that does not
conform to applicable standards, conditions, federal, state or local lave s.
6. An evasion or attempt to evade any provision of the public right-of-\\e.\
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 notif\ the
permittee of the actions necessary to remedy such violation within a reasonable
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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 Cliv 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 Cite
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, nor civil fine imposed, 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 fifteen (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.
.ti',uhd 11. Permit fees. All permit fees shall be submitted to the City with the application.
Permit fees shall include, but not be limited to a permit fee, estimated restoration costs and City
management costs. The application fees shall be established by City Council resolution. No
application fee shall be refundable. No application fees shall be required for any obstruction or
excavation permit issued to the City. The permittee shall be required to pay the delay penalty fee
for failure to complete the project work under the permit within the required time period
Applicants may jointly apply for permits to excavate or obstruct the right-of-xtav at the same
place and time. Applicants who apply for permits for the same obstruction or excavation may
share in the payment of the obstruction or excavation permit application fees. Applicants must
agree among themselves as to the portion each will pay and indicate the same on their
applications
.S'uhcl. 12. Public right-of-Bay restoration.
A Tuning. 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. Re.storcition costs. The permittee shall restore the public right-of-way and assume
all costs therefor unless the City orders otherwise. If the Cite performs the
restoration due to its determination or the permittee's failure, the permittee shall
pay to the City all costs thereof within thirty (30) days of billing. If following
such restoration, the roadway surface, boulevard, sidewalk, curb or related
infrastructure settles due to permittee's improper backfilling; the permittee shall
pay to the City all costs associated with correcting the defective work within
thirty (30) days of billing. If the permittee restores the public right-of-way, the
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Cite may require. at the time of application for the permit, a performance bond in
an amount, as determined by the City, to cover the cost of repair and restoration.
If t\yenty-four (24) months after completion of restoration of the right-of-wa-y, the
Director determines the ri`_ht-of-way has been properly restored, the posted
security will he released
C . I(mclurcis. 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. The
City shall have the authority to prescribe additional restoration procedures and
standards on a case by case basis based on the following considerations:
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;
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. Duct- to correct defects, The permittee shall guarantee the restoration of the public
right-of-way for twenty-four (24) months following its completion. 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 five (5) calendar days of the
receipt of the notice from the City, not including days during which work cannot
he done due to circumstances constituting force majeure or of unseasonable or
inclement weather.
E A\ Built" clrcni The permittee shall submit to the City "As Built" drawings in
a dicital electronic format usable by the City follo\\ ing the completion of project
work and restoration
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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. The permittee shall submit "as built" drawings within sixty
(60) days of filing of the certificate of project completion, showing any deviations
from the permit approved plan that are greater than plus or minus two feet.
Subd. 14. Permissible work without a permit.
A. Emergency exception. All persons with facilities in the public right-of-way shall
immediately notify the City 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 the emergency.
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.
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Subd 1 5. Mapping data.
A. Information Required. All permittees shall provide mapping information in
accordance with Minnesota Rules and as follows:
1. The location and depth (based on references to finished grade elevations
using City Datum) 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 as determined by the City; or
(b) Coordinates derived from the coordinate system being used by the
City.
2. The type, quantity and size of the utility;
3. A detail scaled drawing of above-ground appurtenances;
4. A legend explaining symbols, characters, abbreviations, scale and other
data shown on the map; and
5. The location and approximate depth of any facilities to be abandoned in
conformance with Minnesota Statutes.
B. Submittal requirements.
1. Within sixty (60) days after completion of the project work or the
abandonment or disuse of existing equipment or facilities, the public right-
of-way user shall submit the mapping data required herein.
2. Within six (6) 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 mapping data by April
1' of every year for all facilities located within public rights-of-way in the
City.
3. 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.
14
4-7
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 or replacement facilities or equipment shall
be located underground or contained within buildings or other structures in
accordance with all applicable federal, state or local laws.
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, permanently remove and relocate any facility in the public right-of-way
when it is necessary to prevent interference 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 safety 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.
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 caused during the City's response to an emergency occasioned by 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
15 11
7
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, 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.
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,
or intended to be, abandoned or discontinued. 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
16
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.
1. A public right-of-way user that has abandoned facilities in a public right-
of-way shall remove them from that public right-of-way during the next
scheduled City excavation, or in conjunction with other public right-of-
way repairs, excavation, or construction.
Subd. 20. Appeal. 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 thirty (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 Bodily Injury Liability - $1,000,000 each person, $3,000,000 each
LIABILITY: 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
17 1~O
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
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.
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: E. J. VanOverbeke By: Patricia E. Awada
Its: Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
18
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