HomeMy WebLinkAbout2017-12-11 City Council Meeting Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, December 11,2017
City Hall, Council Chambers
Meeting No. 23-17
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at7:10 p.m. by Mayor Slawik.
Mayor Slawik reported on a book she received from a Maplewood resident entitled “A
Neighborhood Park, Poems and Photographs”by RJ Earhart a past commissioner on
the Parks & RecreationCommission.
B.PLEDGE OF ALLEGIANCE
Nate Parsons, graduate student at the Humphreys School of Public Affairs led the
council in the pledge of allegiance.
C.ROLL CALL
Nora Slawik, MayorPresent
Marylee Abrams, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Bryan Smith, CouncilmemberPresent
Tou Xiong, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following items were added to the agenda under F2 Council Presentations:
Holiday Lights Recycling
Texting to 911
Ashland Leadership
Shop, Ship & Share
CouncilmemberJuenemann moved to approve the agenda as amended.
Seconded by CouncilmemberAbramsAyes–All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of the November 27, 2017 City Council Workshop Minutes
CouncilmemberAbrams moved to approve the November 27, 2017City Council
Workshop Minutesas submitted.
Seconded by CouncilmemberXiongAyes–All
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The motion passed.
2.Approval of the November 27, 2017 City Council Meeting Minutes
CouncilmemberAbrams moved to approve the November 27, 2017City Council Meeting
Minutesas submitted.
Seconded by CouncilmemberSmithAyes–All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Administrative Presentations
a.Council Calendar Update
City Manager gave theupdate on the council calendar and items requested by council.
2.Council Presentations
Holiday Lights Recycling
Councilmember Juenemannreported on the holiday lights recycling program that is
taking place at various city buildingsfrom December 16, 2017 through January 31, 2018.
Councilmember Juenemann reported that Styrofoam and plastic bags should not be put
in the recycling bin.
Texting to 911
Councilmember Juenemannreported that all Minnesota dispatch centers are now
capable of receiving textmessages to 911 and be sure to follow all rules.
Ashland Leadership
Councilmember Smithreported on the City partnering with Ashland ProductionsandKID
City.
Shop, Ship & Share
Councilmember Abramsreported that she and Mayor Slawk attended the Shop, Ship
and Share this past weekend at Maplewood Mall that benefitsthe military.
3.Approval of Resolution for Commission Reappointments
City Manager Coleman gave the staff report.
Councilmember Abrams moved to approve the Resolution for Commission
Reappointments.
Resolution 17-12-1519
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BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
Hereby appoints the following individuals, who the Maplewood City Council has
reviewed, to be reappointed to the following commissions:
Planning Commission
Paul Arbuckle, term expires on 12/31/2020
Fred Dahm, term expires on 12/31/2020
John Donofrio, term expires on 12/31/2020
Police Civil Service Commission
James Meehan, term expires on 12/31/2020
Seconded by Councilmember JuenemannAyes–All
The motion passed.
G.CONSENT AGENDA
Councilmember Juenemann requested agenda items G2, G4 and G6 be highlighted.
CouncilmemberAbrams moved to approve agendaitems G1-G9.
Seconded by CouncilmemberJuenemannAyes–All
The motion passed.
1.Approval of Claims
CouncilmemberAbrams moved toapprove the Approval of Claims.
ACCOUNTS PAYABLE:
$ 647,217.73 Checks # 100723 thru #100752
dated 11/21/17 thru 11/28/17
$ 497,897.98 Disbursements via debits to checking account
dated 11/20/17 thru 11/24/17
$ 95,018.07 Checks #100753 thru #100779
dated 11/27/17 thru 12/05/17
$ 300,184.38 Disbursements via debits to checking account
dated 11/27/17 thru 12/01/17
$ 1,540,318.16 Total Accounts Payable
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PAYROLL
$ 558,836.63 Payroll Checks and Direct Deposits dated 12/01/17
$ 1,956.40 Payroll Deduction check # 99102965 thru # 99102965 dated 12/01/17
$ 560,793.03 Total Payroll
$ 2,101,111.19 GRAND TOTAL
Seconded by CouncilmemberJuenemannAyes–All
The motion passed.
2.Approval of Agreement Between CareChoice Cooperative and the City of
Maplewood for a Community Paramedic Services Project
CouncilmemberAbrams moved to approve to enter into an Agreement with CareChoice
Cooperativefor a Community Paramedic Services Project.
Seconded by Councilmember JuenemannAyes–All
The motion passed.
3.Approval of 2017 Transfers
Councilmember Abrams moved to approve the 2017 Transfers in the amount of
$2,533,525.47 and authorize the Finance Director to make the appropriate accounting
entries to complete the transactions.
Seconded by CouncilmemberJuenemannAyes–All
The motion passed.
4.Approval ofResolutionAcceptingDonationtoMaplewoodPoliceReserves
fromthe Ramsey County Sheriff’s Foundation
CouncilmemberAbrams moved to approve the resolution accepting the donation made
by the Ramsey Sheriff’s Foundation BoardtoMaplewoodPoliceReserves in the amount
of $1,000.00.
Resolution 17-12-1520
Resolution Expressing Acceptance and
Appreciation of a Donation to the
Maplewood Police Department
WHEREAS,theRamseyCountySheriff’s Foundationhaspresentedtothe
MaplewoodPoliceDepartmentadonationintheamountof$1,000;and
WHEREAS,thisdonationisintendedforthepurposeofsupporting the needs of
the MaplewoodPoliceReserveUnit;and
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WHEREAS,theMaplewoodCityCouncilisappreciativeofthedonationand
commendstheRamseyCounty Sheriff’s FoundationBoardfortheircivicefforts and
partnership.
NOW,THEREFORE, BEITRESOLVED,bytheCityCounciloftheCityof
Maplewood,
Minnesota,that:
1.Thedonationisacceptedandacknowledgedwithgratitude;and
2.Thedonationwillbeappropriatedfor thePoliceDepartmentasdesignated;
and
3.Theappropriatebudgetadjustmentsbemade.
Seconded by CouncilmemberJuenemannAyes–All
The motion passed.
5.Approval of Resolution for 2018 Pay Rates for Temporary/Seasonal and
Casual Part-Time Employees
CouncilmemberAbrams movedto approve the Resolution for 2018 Pay Rates for
Temporary/Seasonal and Casual Part-Time Employees effective January 1, 2018.
Resolution 17-12-1521
WHEREAS, according to the Minnesota Public Employees Labor Relations act,
part-time employees who do not work more than 14 hour per week and
temporary/seasonal employees who work in positions that do not exceed 67 days in a
calendar year, or 100 days for full-time students, are not public employees and are
therefore not eligible for membership in a public employee union.
NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job
classifications are hereby established for temporary/seasonal, casual part-time
employees effective January 1, 2018 upon Council approval.
Accountant$10.00-30.00per hour
Accounting Technician$9.65-22.00per hour
Administrative Assistant$9.65-23.00per hour
Background Investigator$25.00-40.00per hour
Building Inspector$14.00-35.00per hour
Building Attendant$9.65-15.00per hour
CSO$14.50-19.50per hour
Election Judge$9.65-12.00per hour
Election Judge -Assistant Chair$9.65-15.00 per hour
Election Precinct Chair$9.65-16.00per hour
Engineering Aide$9.65-16.00per hour
Engineering Technician$10.00-16.00per hour
Fire Maintenance/Engineer **$16.24per hour
Firefighter-in-Training (new hire) **$11.61per hour
Firefighter/EMT **$13.92per hour
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Firefighter/Paramedic **$15.08per hour
Firefighter/EMT Captain **$16.24per hour
Firefighter/Paramedic Captain **$17.41per hour
Battalion Chief **$18.56per hour
Gardener$12.00-22.00per hour
Intern$9.65-20.00per hour
IT Technician$15.00-20.00per hour
Laborer$9.65-14.00per hour
Office Specialist$9.65-18.00per hour
Receptionist$9.65-16.00per hour
Recreation Instructor/Leader$9.65-32.00per hour
Recreation Official$9.65-30.00per hour
Recreation Worker$9.65-18.00per hour
Vehicle Technician$9.65-15.00per hour
Video Coordinator*$11.00-19.00per hour
Video Technician*$10.00-18.00per hour
*Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours
or less.
**Fire Department positions shall receive a $2 per hour differential for working
th
the following holidays: New Year’s Day, Memorial Day, July 4, Labor Day,
Thanksgiving Day and Christmas Day.
BE IT FURTHER RESOLVED, this resolution will supersede previous resolutions
setting pay rates for these pay classifications; and,
BE IT FURTHER RESOLVED, that the City Manager shall have the authority to
set the pay rate within the above ranges.
Seconded by Councilmember JuenemannAyes–All
The motion passed.
6.Approval to Donate iPads to Weaver School
Councilmember Abrams moved to approve todonate unused iPads to Weaver School.
Seconded by CouncilmemberJuenemannAyes–All
The motion passed.
7.Approval of Payment for Eden Systems Yearly Maintenance Support
Councilmember Abrams moved to approve the payment for Eden Systems Yearly
Maintenance Support fundedfrom the 2018 IT Fund in the amount of$59,328.22.
Seconded by Councilmember JuenemannAyes–All
The motion passed.
8.Approval of Resolution for Reduction of Retainage on Existing Construction
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Contract, County Road B Trail and Safety Improvements, City Project 14-02
Councilmember Abrams moved to approve the resolution directing the City Engineer to
reduce retainage on the existing construction contract to 0.5% for the County Road B
Trail and Safety Improvements, City Project 14-02.
Resolution 17-12-1522
Reduction of Retainage on Existing Construction Contract
Project 14-02
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
made Improvements Project 14-02, County Road B Trail and Safety Improvements, and
has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the contractor, Park Construction Company, has completed the
requirements of the project construction work,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that:
1.A reduction in retainage on the construction contract is hereby authorized to
be reduced, at the discretion of the City Engineer, to 0.5%.
Seconded by Councilmember JuenemannAyes–All
The motion passed.
9.Approval to Authorize Payment for Services Provided by Tierney, Inc for
Council Chamber Updates
CouncilmemberAbrams moved to approve the payment to Tierney for Services provided
for Council chamber updates in the amount of $26,951.39.
Seconded by CouncilmemberJuenemannAyes–All
The motion passed.
H.PUBLIC HEARINGS
1.Ecumen Multifamily Housing Development
a.Public Hearing at 7:00 p.m.
b.Consider Approval of Resolution Authorizing the Issuance of Revenue
Bonds for the Benefit of Ecumen; Adopting a Housing Program; and
Authorizing the Execution and Delivery of the Bonds and Related
Documents
Finance Director Paulseth gave the staff reportand answered questions of the council.
Mayor Slawik opened the public hearing. The following people spoke:None
Mayor Slawik closed the public hearing.
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Councilmember Juenemann moved to approve the Resolution Authorizing the Issuance
of Revenue Bonds for the Benefit of Ecumen; Adopting a Housing Program; and
Authorizing the Execution and Delivery of the Bonds and Related Documents
Resolution 17-12-1523
City of Maplewood, Minnesota
Authorizing the Issuance of Revenue Bonds for the
Benefit of Ecumen; Adopting a Housing Program; and
Authorizing the Execution and Delivery of the Bonds and Related Documents
WHEREAS, the City of Maplewood, Minnesota (the “City”) is a statutory city and
political subdivision duly organized and existing under the Constitution and laws of the
State of Minnesota; and
WHEREAS, Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”),
authorizes a municipality to carry out the public purposes describedin the Housing Act
by providing for the issuance of revenue bonds to provide funds to finance or refinance
multifamily housing developments (including nursing and assisted living facilities); and
WHEREAS, Minnesota Statutes, Sections 469.152 through 469.1655, as
amended (the “Development Act”), authorizes a municipality to issue revenue obligations
to finance or refinance, in whole or in part, the cost of the acquisition, construction,
reconstruction, improvement, betterment, or extension of a “project,” defined in the
Industrial Development Act, in part, as any properties, real or personal, used or useful in
connection with a revenue producing enterprise, whether or not operated for profit,
engaged in providing health care services, including, without limitation, hospitals, nursing
homes, and related medical facilities; and
WHEREAS, Minnesota Statutes, Section 471.656, as amended, authorizes a
municipality to issue obligations to finance or refinance the acquisition or improvement of
property located outside of the corporate boundaries of such municipality if the
obligations are issued under a joint powers agreement between the municipality issuing
the obligations and the municipality in which the property to be acquired or improved is
located; and
WHEREAS, pursuant to Minnesota Statutes, Section 471.59, as amended, by
the terms of a joint powers agreement entered into through action of their governing
bodies, two municipalities may jointly or cooperatively exercise any power common to
the contracting parties or any similar powers, including those which are the same except
for the territorial limits within which they may be exercised and the joint powers
agreement may provide for the exercise of such powers by one or more of the
participating governmental units on behalf of the other participating units; and
WHEREAS, on March 29, 2010, the City of Apple Valley, Minnesota (the “City of
Apple Valley”) issued its Housing and Health Care Revenue Bonds (Ecumen –The
Seasons at Apple Valley Project), Series2010 (the “Series2010 Apple Valley Bonds”),
in the original aggregate principal amount of $5,545,000, and loaned the proceeds
thereof to Ecumen, a Minnesota nonprofit corporation (the “Borrower”), for the purposes
of making a capital contribution to Regent at Apple Valley, LLC, a Minnesota limited
liability company of which the Borrower is the sole member (“Regent at Apple Valley”), to
finance the design, acquisition, construction, and equipping of an approximately 134-unit
four-story senior housing facility (the “Apple Valley Facility”) located at 15359 Founders
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Lane, Apple Valley, Minnesota, which is owned and operated by Regent at Apple Valley;
and
WHEREAS, on July 1, 2010, the City issued its Housing and Health Care
Revenue Bonds (Ecumen Headquarters and The Seasons at Maplewood Projects),
Series 2010 (the “Series 2010 Maplewood Bonds”), in the original aggregate principal
amount of $5,875,000, and loaned the proceeds thereof to the Borrower for the
purposes of (i) financing the acquisition, renovation, and equipping of the Borrower’s
corporate headquarters (the “Corporate Headquarters”) located at 3530 Lexington
Avenue North, Shoreview, Minnesota, which are owned and operated by the Borrower;
and (ii) making a capital contribution to Regent at Maplewood, LLC, a Minnesota limited
liability company of which the Borrower is the sole member (“Regent at Maplewood”), to
finance the design, acquisition, construction, and equipping of an approximately 150-unit
two-story senior housing facility (the “Maplewood Facility”) located at 1670 Legacy
Parkway East, Maplewood, Minnesota, which is owned and operated by Regent at
Maplewood; and
WHEREAS, the Borrower has proposed to refinance the Apple Valley Facility,
the Maplewood Facility, and the Corporate Headquarters (collectively, the “Project”) and
is requesting that the City issue its revenue bonds, in one or more series, as taxable or
tax-exempt obligations (the “Bonds”), in an estimated aggregate principal amount not to
exceed $11,000,000, in order to (i) refinance the Apple Valley Facility by refinancing the
Series 2010 Apple Valley Bonds; (ii) refinance the Maplewood Facility and the Corporate
Headquarters by refunding the Series 2010 Maplewood Bonds; and (iii) pay costs of
issuance of the Bonds; and
WHEREAS, inconnection with the issuance of the Series 2010 Maplewood
Bonds, the City of Shoreview, Minnesota (the “City of Shoreview”) consented to the
issuance of the Series 2010 Maplewood Bonds by the City to refinance the Corporate
Headquarters, which are locatedin the City of Shoreview; and
WHEREAS, the City and the City of Apple Valley are proposing to enter into a
Cooperative Agreement (the “Cooperative Agreement”), pursuant to which the City of
Apple Valley will consent to the issuance of the Bonds by the City to refinance, among
other things, the Apple Valley Facility, and the City will agree to issue the Bonds to
refinance, among other things, the Apple Valley Facility; and
WHEREAS, in accordance with the Housing Act, the City has prepared a housing
program (the “Housing Program”), which authorizes the issuance of the Bonds by the
City to refinance the Apple Valley Facility, and the Housing Program was submitted to
Metropolitan Council for its review and comment; and
WHEREAS, the Borrower has represented to the City that it is exempt from
federal income taxation under Section501(a) of the Internal Revenue Code of 1986, as
amended (the “Code”), as a result of the application of Section501(c)(3) of the Code;
and
WHEREAS, under Section 147(f) of the Code, prior to the issuance of the Bonds,
the City Council must conduct a public hearing after one publication of notice in a
newspaper circulating generally in the City at least fourteen (14) days before the
hearing, and under Section 462C.04, subdivision 2 of the Housing Act, a public hearing
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must be held on the housing program after one publication of notice in a newspaper
circulating generally in the City at least fifteen (15) days before the hearing; and
WHEREAS, a notice of public hearing (the “Public Notice”) was published at least
fifteen (15) days before the regularly scheduled meeting of the City Council of the City in
thePioneer Press, a newspaper of general circulation in the City, with respect to the
required public hearing under Section147(f) of the Code and the Housing Act; and
WHEREAS, on the date hereof, the City Council conducted a duly noticed public
hearing at which a reasonable opportunity was provided for interested individuals to
express their views, both orally and in writing, on the following issues: (i) approval of the
issuance of the Bonds pursuant to the requirements of Section 147(f) of the Code and
the regulations promulgated thereunder; and (ii) approval of the Housing Program
pursuant to the requirements of the Housing Act; and
WHEREAS, the Bonds are to be issued by the City pursuant to the Housing Act,
the Development Act, Minnesota Statutes, Sections 471.59 and 471.656, as amended,
and an Indenture of Trust (the “Indenture”) between the City and U.S. Bank National
Association, astrustee (the “Trustee”), and the City will loan the proceeds of the Bonds
to the Borrower pursuant to a Loan Agreement (the “Loan Agreement”) between the City
and the Borrower; and
WHEREAS, the principal, premium (if any), and interest on the Bonds (i) shall be
payable solely from the revenue pledged therefor; (ii)shall not constitute a debt of the
City within the meaning of any constitutional or statutory limitation; (iii)shall not
constitute nor give rise to a pecuniary liability of the City or a charge against its general
credit or taxing powers; and (iv)shall not constitute a charge, lien, or encumbrance, legal
or equitable, upon any property of the City other than the City’s interest in the Loan
Agreement; and
WHEREAS, the Loan Agreement requiresthe Borrower to make payments
thereunder in amounts and at times sufficient to pay the principal of, premium (if any),
and interest on the Bonds when due, and the loan repayments required to be made by
the Borrower to the City under the terms of the Loan Agreement will be assigned by the
City to the Trustee to secure the payment of the principal of, premium (if any), and
interest on the Bonds; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA, AS FOLLOWS:
1.Basedon representations made by the Borrower to the City to date, the City
Council of the City hereby makes the following findings, determinations, and
declarations:
(a)The Apple Valley Facility and the Maplewood Facility, which are being
refinanced with a portion of the proceeds of the Bonds, consist of a multifamily
housing development including nursing care and assisted living.
(b)The proceeds of the Bonds will be loaned to the Borrower and the
proceeds thereof, along with equity of the Borrower and other available funds,
will be used to refinance the Project and pay costs of issuance of the Bonds.
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(c)In authorizing the issuance of the Bonds, the City’s purpose is to further
the policies of the Housing Act and the Development Act.
2.The Housing Program, in the form substantially on file with the City, is hereby
approved.
3.For the purposes set forth above, there is hereby authorized the issuance, sale,
and delivery of the Bonds, in one or more series, as taxable or tax-exempt obligations, in
the aggregate principal amount not to exceed $11,000,000. The Bonds shall bear
interest, shall be numbered, shall be dated, shall mature, shall be subject to redemption
prior to maturity, shall be in such forms, and shall have such other terms, details, and
provisions as are prescribed in the Indenture, in substantially the form now on file with
the City.
4.All of the provisions of the Bonds, when executed as authorized herein, shall be
deemed to be a part of this resolution as fully and to the same extent as ifincorporated
verbatim herein and shall be in full force and effect from the date of execution and delivery
thereof. The Bonds shall be substantially in the forms on file with the City, which are
hereby approved, with such necessary and appropriate variations, omissions, and
insertions (including changes to the principal amount of the Bonds, the determination of the
interest rates on the Bonds, and changes to the terms of redemption of the Bonds) as the
Mayor and the City Manager of the City (the “Mayor” and “City Manager,” respectively), in
their discretion, shall determine. The execution of the Bonds with the manual or facsimile
signatures of the Mayor and the City Manager and the delivery of the Bonds by the City
shall be conclusive evidence of such determination.
5.The Bonds shall be special, limited obligations of the City payable solely from the
revenues provided by the Borrower pursuant to the Loan Agreement and other funds
pledged pursuant to the Indenture and shall be issued in an aggregate principal amount
not to exceed $11,000,000. The City Council of the City hereby authorizes and directs
the Mayor and the City Manager to execute and deliver the Indenture to the Trustee,
hereby authorizes and directs the execution of the Bonds in accordance with the terms
of the Indenture, and hereby provides that the Indenture shall provide the terms and
conditions, covenants, rights, obligations, duties, and agreements of the owners of the
Bonds, the City and the Trustee as set forth therein.
6.All of the provisions of the Indenture, when executed as authorized herein, shall
be deemed to be a part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Indenture shall be substantially in the form on file
with the City, which is hereby approved, with such necessary and appropriate variations,
omissions, and insertions as do not materially change the substance thereof, or as the
Mayor and the City Manager, in their discretion, shall determine, and the execution
thereof by the Mayor and the City Manager shall be conclusive evidence of such
determination.
7.The Mayor and the City Manager are hereby authorized and directed to execute
and deliver the Loan Agreement, the Cooperative Agreement, and the Bond Purchase
Agreement (the “Bond Purchase Agreement”) between the City, the Borrower, and
Dougherty & Company LLC, as purchaser of the Bonds (the “Underwriter”). All of the
provisions of theLoan Agreement, the Cooperative Agreement, and the Bond Purchase
Agreement, when executed and delivered as authorized herein, shall be deemed to be a
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part of this resolution as fully and to the same extent as if incorporated verbatim herein and
shall be in full force and effect from the date of execution and delivery thereof. The Loan
Agreement, the Cooperative Agreement, and the Bond Purchase Agreement shall be
substantially in the forms on file with the City which are hereby approved, with such
omissions and insertions as do not materially change the substance thereof, or as the
Mayor and the City Manager, in their discretion, shall determine, and the execution thereof
by the Mayor and the City Manager shall be conclusive evidence of such determination.
8.The Bonds shall be revenue obligations of the City the proceeds of which shall
be disbursed pursuant to the Indenture and the Loan Agreement, and the principal,
premium, if any, and interest on the Bonds shall be payable solely from the proceeds of
theBonds, the revenues derived from the Loan Agreement, and the other sources set
forth in the Indenture. The Trustee is hereby authorized and directed to accept from the
Borrower any additional instruments, documents, or other security provided by the
Borrower or, at its direction to secure the obligations of the Borrower under the Loan
Agreement or to secure the Bonds.
9.The Trustee is hereby appointed as Paying Agent and Bond Registrar for the
Bonds.
10.The Mayor, the City Manager, and the Finance Director of the City are hereby
authorized to execute and deliver, on behalf of the City, such other documents as are
necessary or appropriate in connection with the issuance, sale, and delivery of the
Bonds, including one or more certificates of the City, anendorsement to the Borrower’s
tax certificate, an Information Return for Tax-Exempt Private Activity Bond Issues, Form
8038 (Rev. April 2011), and all other documents and certificates as shall be necessary
and appropriate in connection with the issuance, sale, and delivery of the Bonds. The
City hereby approves the execution and delivery by the Trustee of the Indenture and all
other instruments, certificates, and documents prepared in conjunction with the issuance
of the Bonds that require execution by the Trustee. The City hereby authorizes Kennedy
& Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its
approving legal opinion with respect to the Bonds.
11.The City has not participated in the preparation of the Preliminary Official
Statement (the “Preliminary Official Statement”) or the Official Statement (the “Official
Statement”) relating to the Bonds and has made no independent investigation with
respect to the information contained therein, including the appendices thereto, and the
City assumes no responsibility for the sufficiency, accuracy, or completeness of such
information. Subject to the foregoing, the City hereby consents to the distribution and
the use by the Underwriter in connection with the sale of the Bondsof the Preliminary
Official Statement and the Official Statement. The Preliminary Official Statement and
the Official Statement are the sole materials consented to by the City for use in
connection with the offer and sale of the Bonds.
12.All covenants, stipulations, obligations, and agreements of the City contained
herein and in the aforementioned documents shall be deemed to be the covenants,
stipulations, obligations, and agreements of the City to the full extent authorized or
permitted by law, and all such covenants, stipulations, obligations, and agreements shall
be binding upon the City. Except as otherwise provided herein, all rights, powers, and
privileges conferred and duties and liabilities imposed upon the City or the City Council
by the provisions of this resolution or of the aforementioned documents shall be
exercised or performed by the City or by such members of the City Council, or such
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officers, board, body or agency thereof as may be required or authorized by law to
exercise such powersand to perform such duties.
No covenant, stipulation, obligation or agreement herein contained or contained in the
aforementioned documents shall be deemed to be a covenant, stipulation, obligation or
agreement of any member of the City Council of the City, or any officer, agent or
employee of the City in that person’s individual capacity, and neither the City Council of
the City nor any officer or employee executing the Bonds shall be liable personally on
the Bonds or be subject to any personal liabilityor accountability by reason of the
issuance thereof.
No provision, covenant or agreement contained in the aforementioned documents, the
Bonds or in any other document relating to the Bonds, and no obligation therein or
herein imposed upon the City or thebreach thereof, shall constitute or give rise to any
pecuniary liability of the City or any charge upon its general credit or taxing powers. In
making the agreements, provisions, covenants, and representations set forth in such
documents, the City has not obligated itself to pay or remit any funds or revenues, other
than funds and revenues derived from the Loan Agreement, which are to be applied to
the payment of the Bonds, as provided therein and in the Indenture.
13.Except as herein otherwise expressly provided, nothing herein or in the
aforementioned documents expressed or implied, is intended or shall be construed to
confer upon any person or firm or corporation, other than the City or any holder of the
Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or
equitable, under and by reason of this resolution or any provisions hereof, this
resolution, the aforementioned documents and all of their provisions being intended to
be and being for the sole and exclusive benefit of the City and any holder from time to
time of the Bonds issued under the provisions of this resolution.
14.In case any one or more of the provisions of this resolution, other than the
provisions contained in the first sentence of Section 5 hereof, or of the aforementioned
documents, or of the Bonds issued hereunder shall for any reason be held to be illegal
or invalid, such illegality or invalidity shall not affect any other provision of this resolution,
or of the aforementioned documents, or of theBonds, but this resolution, the
aforementioned documents, and the Bonds shall be construed and endorsed as if such
illegal or invalid provisions had not been contained therein.
15.The Bonds, when executed and delivered, shall contain a recital that theyare
issued pursuant to the Housing Act and the Development Act, and such recital shall be
conclusive evidence of the validity of the Bonds and the regularity of the issuance
thereof, and that all acts, conditions, and things required by the laws of the State of
Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to
the execution of the aforementioned documents to happen, exist and be performed
precedent to the execution of the aforementioned documents have happened, exist and
have been performed as so required by law.
16.The officers of the City, bond counsel, other attorneys, engineers, and other
agents or employees of the City are hereby authorized to do all acts and things required
of them by or in connection with this resolution, the aforementioned documents, and the
Bonds for the full, punctual, and complete performance of all the terms, covenants, and
agreements contained in the Bonds, the aforementioned documents and this resolution.
In the event that for any reason the Mayor is unable to carry out the execution of any of
December 11,201713
City Council Meeting Minutes
the documents or other acts provided herein, any other member of the City Council of
the City shall be authorized to act in his or her capacity and undertake such execution or
acts on behalf of the City with full force and effect, which execution or acts shall be valid
and binding on the City. If for any reason the City Manager is unable to execute and
deliver the documents referred to in this resolution, such documents may be executed by
a member of the City Council, with the same force and effect as if such documents were
executed and delivered by the City Manager.
17.The City understands that the Borrower will pay directly to the City any and all
costs paid or incurred by the City in connection with the transactions authorized herein,
whether or not the Bonds are issued. The City further understands that the Borrower will
pay to the City its administrative fee for the issuance of conduit debt.
18.This resolution shall be in full force and effect from and after its passage.
Seconded by Councilmember AbramsAyes–All
The motion passed.
2.2018 Tax Levy and Budget
a.Public Hearingat7:00 p.m.
b.Consider Approval of Resolution Certifying Taxes Payable in 2018
c.Consider Approval of Resolution Adopting a 2018 Budget and
Financial Management Policies, and the CIP for 2018-2022
Finance DirectorPaulseth gave the staff report and answered questions of the council.
Mayor Slawik opened the public hearing. The following people spoke:
1.Adam Gatewood, Maplewood Resident
2.Kevin Berglund, Maplewood Resident
Mayor Slawik closed the public hearing.
Councilmember Abrams moved to approve the Resolution Certifying Taxes Payable in
2018.
Resolution 17-12-1524
Certifying Taxes Payable in 2018
BE ITRESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA that:
1.The following amounts be levied for property taxes payable in 2018, upon the net tax
capacity in the City of Maplewood, for the following purposes:
General Fund$15,351,530
Debt Service Funds4,614,481
Recreation Programs Fund200,000
Capital Improvement Fund180,000
Police Vehicles and Equipment Fund180,000
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Fire Equipment Replacement Fund60,000
Ambulance Fund300,000
Community Center Fund200,000
Maplewood Area EDA100,000
TOTAL NET TAX CAPACITY LEVY$20,086,011
2.BE IT FURTHER RESOLVED that a market value based referendum levy for
property taxes payable in 2018 be levied for the following purpose
2013B Fire Safety Refunding Bonds$279,589
TOTAL MARKET VALUE BASED LEVY$279,589
3.BE IT FURTHER RESOLVED that the total certified City levy is:
TOTAL CERTIFIED LEVY$21,465,600
4.BE IT FURTHER RESOLVED that the scheduled debt service levies have been
adjusted as shown, for a total debt service levy of $4,894,070.
City of MAPLEWOOD Debt Service Levy
===================
ADDITIONS ORCERTIFIED
ORIGINALDATEPAYABLE 2018REDUCTIONS BYDEBT
BOND ISSUES PRINCIPALISSUEDDEBT LEVYRESOLUTIONLEVY
======================================================================================
GO IMP 2004B13,010,00022-Jul-04$-315,820.00$315,820.00
GO IMP 2007B5,090,00015-Oct-07325,163.95-91,736.95233,427.00
GO IMP 2008A9,970,0001-Jul-080.0050,000.0050,000.00
GO IMP REFUNDING 2008B1,070,0001-Jul-0832,712.75-22,712.7510,000.00
GO IMP REFUNDING 2009A4,680,0001-Apr-09191,631.22104,283.78295,915.00
GO IMP REFUNDING 2009B2,690,0001-Dec-090.00165,000.00165,000.00
GO TIF Refunding 2010B4,050,0008-Jul-10352,340.63-352,340.630.00
GO IMP 2011A10,000,0001-Jun-11416,515.19-200,775.19215,740.00
GO 2012A5,780,0001-Jul-12518,571.26-508,571.2610,000.00
GO 2013A refunding6,180,0001-Jun-13443,735.31-0.31443,735.00
GO 2013B refunding3,700,00018-Dec-13623,306.25-0.25623,306.00
GO 2014A 7,745,0001-Aug-14518,670.760.24518,671.00
GO 2014B refunding1,255,0001-Aug-14261,765.00-161,765.00100,000.00
GO Imp 2015A refunding3,790,0001-Jan-15413,067.500.50413,068.00
GO 2015B 1,215,0008-Jul-15121,800.000.00121,800.00
GO 2015C refunding7,990,0008-Jul-15551,868.88-99,999.88451,869.00
GO 2016A 3,765,0008-Sep-16284,998.800.20284,999.00
GO 2016B refunding5,775,0008-Sep-16620,607.50-154,887.50465,720.00
GO Imp Refunding 2017B3,145,00011-May-17301,592.03-276,592.0325,000.00
GO Imp Tax Abatement 2017A3,850,00011-May-17120,776.9529,223.05150,000.00
-------------------------------------------------------------------
$6,099,123.98-$1,205,053.98$4,894,070.00
=======================================
Seconded by Councilmember SmithAyes–All
The motion passed.
Councilmember Abrams moved to approve the Resolution Adopting a Budget and
Financial Management Polices for 2018, and theCIP for 2018-2022.
December 11,201715
City Council Meeting Minutes
Resolution 17-12-1525
ADOPTING A 2018 BUDGET AND FINANCIAL MANAGEMENT POLICIES
AND THE 2018-2022 CAPITAL IMPROVEMENT PLAN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTAthat a budget for 2018 is hereby adopted as outlined in the following
summary:
Revenues:
Fund20172018$ Change% Change
General$18,158,479$19,125,490$ 967,0115.33%
Special Revenue 1,673,750 1,666,300 (7,450)-0.45%
Debt Service7,642,8906,963,950(678,940)-8.88%
Capital Projects 4,154,740 6,295,200 2,140,46051.52%
Enterprise 12,150,000 12,194,000 44,0000.36%
Internal Service 1,696,200 9,537,520 7,841,320462.29%
TOTAL$45,476,059$55,782,460$10,306,40122.66%
Expenditures:
Fund20172018$ Change% Change
General$19,894,029$20,357,490$ 463,4612.33%
Special Revenue 1,616,150 1,557,560 (58,590)-3.63%
Debt Service 14,725,820 14,816,332 90,5120.61%
Capital Projects7,889,40013,082,9505,193,55065.83%
Enterprise10,803,10010,561,900(241,200)-2.23%
Internal Service 1,696,200 9,350,630 7,654,430451.27%
TOTAL$56,624,699$69,726,862$13,102,16323.14%
BE IT FURTHER RESOLVEDthat the 2018-2022 Capital Improvement Plan,
with projects totaling $89,857,000, is hereby adopted.
BE IT FURTHER RESOLVEDthat the 2018 Financial Management Policies, as
attached, will supersede all existing policies and are hereby adopted.
BE IT FURTHER RESOLVEDthat budgets for public improvements will be
amended when the Council approves the project and establishes the budget for the
project.
BE IT FURTHER RESOLVEDthat the above budgets for Governmental Funds
are hereby adopted for financial reporting and management control and the budgets for
all other funds are adopted for management purposes only.
December 11,201716
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BE IT FURTHER RESOLVEDthat the transfer of appropriations among the
various accounts, within a fund, shall only require the approval of the City Manager or
his designee. However, City Council approval is required for transfers from contingency
accounts.
BE IT FURTHER RESOLVEDthat all appropriations which are not encumbered
or expended at the end of the fiscal year shall lapse and shall become part of the
unencumbered fund balance which may be appropriated for the next fiscal year except
appropriations for capital improvement projects which shall not lapse until the project is
completed or canceled by the City Council.
Seconded by Councilmember SmithAyes–All
The motion passed.
I.UNFINISHED BUSINESS
None
J.NEW BUSINESS
1.Consider Approval of Resolution for 2018 Annual Liquor License Renewals
for Club, Off-Sale, On-Sale, and Wine
City Clerk Sindt gave the staff report.
Councilmember Juenemann moved to approve the Resolution for 2018 Annual Liquor
License Renewals for Club, Off-Sale, On-Sale, and Wine.
Resolution 17-12-1526
2018 ANNUAL LIQUOR LICENSE RENEWALS FOR
CLUB, OFF-SALE, ON-SALE AND WINE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
RAMSEY COUNTY, MINNESOTA, that the following Club, Off-Sale, On-Sale and Wine
Liquor licenses, having been previously duly issued by this Council, are hereby
approved for renewal for one year, effective January 1, 2018, with approvals granted
herein subject to satisfactory results of renewal documentation withfees submitted:
Club On-Sale License
Maplewood Moose Lodge #963
1946 English Street
Off-Sale 3.2 Beer Licenses
Cub Foods #30244Rainbow Foods #7300
100 County Road B West2501 White Bear Avenue
Cub Foods #31264SuperAmerica #4022
2390 White Bear Avenue1750 White Bear Avenue
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Maplewood Kwik MartSuperAmerica #4089
2150 McMenemy Street North11 Century Avenue South
Off-Sale Intoxicating Liquor Licenses
61 LiquorsMerwin Liquors
2700 Maplewood Drive North1700 Rice Street
Big Discount LiquorMGM Liquor Warehouse
2515 White Bear Avenue2950 White Bear Avenue
Costco Wholesale #1021Party Time Liquor
1431 Beam Avenue East1835 East Larpenteur Avenue
Cub Discount LiquorPrincess Liquor ‘n Tobacco
100 West County Road B2728Stillwater Road
Heritage Liquor LLCSarrack’s Int’l. Wine & Spirits
1347 Frost Avenue2305 Stillwater Road
Maddie’s LiquorWhite Bear Liquor
1690 McKnight Road North2227 White Bear Avenue
Maplewood Wine Cellar
1281 Frost Avenue
On-Sale 3.2 BeerLicenses
Bambu Asian CuisineIndian Masala Restaurant
1715 Beam Ave East, Suite A27 Century Avenue North
Chipotle Mexican Grill #1438Taste of India
3095 White Bear Avenue North1745 Cope Ave East
On-Sale Intoxicating Liquor Licenses
5-8 Tavern & GrillKeller Golf Course
2289 Minnehaha Avenue2166 Maplewood Drive North
Acapulco Mexican RestaurantMcCarron’s Pub and Grill
3069 White Bear Avenue1986 Rice Street North
AramarkMyth
2350 Minnehaha Avenue East3090 Southlawn Drive North
Bleechers Bar & GrillOlive Garden #1200
2220 White Bear Avenue1749 Beam Avenue
Buffalo Wild Wings #118Osaka Sushi & Hibachi
3085 White Bear Avenue1900 County Road D East
Chili’s Grill & Bar #224Outback Steakhouse #2412
1800 Beam Avenue1770Beam Avenue
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Chipotle Mexican Grill #224Red Lobster #0283
2303 White Bear Avenue2925 White Bear Avenue
Crooked Pint Ale HouseT.G.I. Friday’s #0472
1734 Adolphus Street3087 White Bear Avenue
Goodrich Golf CourseThe Dog HouseBar & Grill
1820 North Van Dyke2029 Woodlynn Avenue East
Guldens RoadhouseThe Ponds at Battle Creek
2999 North Highway 61601 Century Avenue South
Jake’s City GrilleTokyo Sushi –All You Can Eat
1745 Beam Avenue East 1935 Beam Avenue East, Suite 103
On-Sale Wine/Strong Beer Licenses
Bambu Asian CuisineTaste of India
1715 Beam Avenue East, Suite A1745 Cope Avenue East
Indian Masala Restaurant
27 Century Avenue North
Seconded by Councilmember SmithAyes–All
The motion passed.
2.Consider Approval of Resolution Authorizing the Issuance, Sale, and
Delivery of Multifamily Housing Revenue Obligations to Finance the Maple
Pond Apartments Project
Finance DirectorPaulseth gave the staff report.
Councilmember Juenemann moved to approve the Resolution Authorizing the Issuance,
Sale, and Delivery of Multifamily Housing Revenue Obligations to Finance the Maple
Pond Apartments Project.
Resolution 17-12-1527
CITY OF MAPLEWOOD, MINNESOTA
AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS
MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE
MAPLE POND APARTMENTS PROJECT;APPROVING THE FORMS
OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE
BONDS AND RELATED DOCUMENTS; PROVIDING FOR THE
SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE
BONDS; AND GRANTING APPROVAL FOR CERTAIN OTHER
ACTIONS WITH RESPECT THERETO
BE ITRESOLVED by the City Council of the City of Maplewood, Minnesota (the
“City” or “Issuer”), as follows:
Section 1. Recitals.
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1.01.The City is a statutory city duly organized and existing under the
Constitution and laws of the State of Minnesota.
1.02.On July 10, 2017, following a duly noticed public hearing, the City Council
of the City the (“City Council”) adopted Resolution No. 17-07-1475 (the “Preliminary
Resolution”) pursuant to which the City Council, among other things, preliminarily
approved the issuance of multifamily housing revenue obligations, in an aggregate
principal amount not to exceed $15,000,000, under the terms of Minnesota Statutes,
Chapters 462C and 474A, as amended (collectively, the “Act”), for the benefit of Maple
Pond MDG Limited Partnership, a Minnesota limited partnership (the “Borrower”), to
finance the acquisition and rehabilitation of 168 units of multifamily rental apartments,
and facilities functionally related and subordinate thereto, commonly known as Maple
Pond Apartments, locatedat 1854 Beebe Road in the City (the “Project”).
1.03.The Preliminary Resolution constitutes a reimbursement resolution and
an official intent of the Issuer to reimburse expenditures with respect to the Project (as
hereinafter defined) from the proceeds of tax-exempt revenue obligations in accordance
with the provisions of Treasury Regulations, Section 1.150-2.
1.04.On November 13, 2017, the City Council adopted Resolution No. 17-11-
1513 (the “Temporary Note Resolution”), pursuant to which the City Council authorized
the issuance of the City’s Multifamily Housing Revenue Note (Maple Pond Apartments
Project), Series 2017 (the “Note”), in the principal amount of $11,200,00, to provide
short-term financing for the acquisition and rehabilitation of the Project.
1.05.The Temporary Note was issued on December 1, 2017 and sold to
Bridgewater Bank. The Borrower intended to refund the Temporary Note with the
proceeds of permanent obligations to be issued by the City. The Temporary Note had
an initial mandatory tender date of December 1, 2018. The Temporary Note was drawn
down for the purposes of financing the Project.
1.06.The Borrower is requesting that the City now issue its multifamily housing
revenue obligations, in one or more series, as tax-exempt obligations (the “Bonds”), in
the maximum aggregate principal amount of $11,200,00, as permanent financing for the
Project, the proceeds of which, along with unspent proceeds of the Temporary Note, will
be used to (i) refund the Temporary Note and provide permanent financing for the
acquisition and rehabilitation of the Project; (ii) pay capitalized interest on the Bonds
during the rehabilitation of the Project; (iii) fund required reserves; and (iv)pay costs of
issuance of the Bonds.
1.07.The Bonds are proposed to be sold publicly and underwritten by
Dougherty & Company LLC, a Delaware limited liability company (the “Underwriter”).
1.08.The Bonds are proposed to be issued pursuant to the Preliminary
Resolution, the Temporary Note Resolution, this resolution, the Act, and a Trust
Indenture, dated on or after December 1, 2017 (the “Indenture”), between the Issuer and
U.S. Bank National Association, a national banking association, or another trustee to be
selected by the Borrower (the “Trustee”).
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City Council Meeting Minutes
1.09.The proceeds derived from the sale of the Bonds are to be loaned by the
Issuer to the Borrower under the terms of a Loan Agreement, dated on or after
December 1, 2017 (the “Loan Agreement”), between the Issuer and the Borrower.
1.10.The Bonds and the interest on the Bonds (i)shall be payable solely from
the revenues pledged and security provided therefor under the Loan Agreement and the
Indenture, and additional sources of revenue provided by or on behalf of the Borrower;
(ii)shall not constitute a debt of the Issuer within the meaning of any constitutional or
statutory limitation; (iii)shall not constitute nor give rise to a pecuniary liability of the
Issuer or a charge against its general credit or taxing powers; (iv)shall not constitute a
charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other
than the Issuer’s interest in the Loan Agreement; and (v)shall not constitute a general or
moral obligation of the Issuer;
Section 2. The Bonds.
2.1.The Issuer acknowledges, finds, determines, and declares that the
issuance of the Bonds is authorized by the Act and is consistent with the purposes of the
Act and that the issuance of the Bonds,and the other actions of the Issuer under the
Indenture, the Loan Agreement, the Regulatory Agreement (as hereinafter defined), and
this resolution constitute a public purpose and are in the interests of the Issuer. The
Project constitutes a “qualified residential rental project” within the meaning of Section
142(d) of the Internal Revenue Code of 1986, as amended (the “Code”), and a
“multifamily housing development” authorized by the Act, and furthers the purposes of
the Act. In authorizing the issuance of the Bonds for the refinancing of the Project and
the related costs, the Issuer’s purpose is and the effect thereof will be to promote the
public welfare of the Issuer and its residents by providing multifamily housing
developments for low-or-moderate-income residents of the County and otherwise
furthering the purposes and policies of the Act.
2.2.For the purposes set forth above, there is hereby authorized the
issuance, sale, and delivery ofthe Bonds in one or more series in the aggregate
principal amount not to exceed $11,200,000. The Bonds may be designated as
Multifamily Housing Revenue Refunding Bonds (Maple Pond Apartments Project),
Series 2017. The Bonds may be given a different designation and may be issued in any
number of series, as the Mayor of the Issuer and the City Manager of the Issuer (the
“Mayor” and the “City Manager”), in their discretion, shall determine. The Bonds,
substantially in the form set forth in the Indenture, now on file with the Issuer, are hereby
approved with the amendments referenced herein. All of the provisions of the Bonds,
when executed as authorized herein, shall be deemed to be a part of this resolution as
fully and to the same extent as if incorporated verbatim herein and shall be in full force
and effect from the date of execution and delivery thereof. The Bonds shall bear interest
at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall
be in the aggregate principalamount, shall be subject to redemption prior to maturity,
shall be in such form, and shall have such other terms, details, and provisions as are
prescribed in the Indenture, with necessary and appropriate variations, omissions, and
insertions (including the addition of a series designation reflecting the year in which the
Bonds are issued and any other changes to the title of the Bonds as deemed
appropriate, and changes to the aggregate principal amount of the Bonds, the stated
maturity of the Bonds, the interest rates on the Bonds, and the terms of redemption of
the Bonds) as the Mayor and City Manager (the “Issuer Officials”), in their discretion,
shall determine. The execution of the Bonds with the manual or facsimile signatures of
December 11,201721
City Council Meeting Minutes
the Issuer Officials and the delivery of the Bonds by the Issuer Officials shall be
conclusive evidence of such determination. The Issuer hereby authorizes the Bonds to
be issued, in whole or in part, as “tax-exempt bonds” the interest on which is excludable
from gross incomefor federal and State of Minnesota income tax purposes; provided
that, if necessary, certain Bonds may be issued as taxable obligations.
2.3.The Indenture is hereby approved and the Issuer Officials are hereby
authorized to execute and deliver the Indenture on behalf of the Issuer. All of the
provisions of the Indenture, when executed and delivered as authorized herein, shall be
deemed to be a part of this resolution as fully and to the same extent as if incorporated
verbatim herein and shall be in full force and effect from the date of execution and
delivery thereof. The Indenture shall be substantially in the form now on file with the
Issuer with such necessary and appropriate variations, omissions, and insertions as do
not materially change the substance thereof, as the Issuer Officials, in their discretion,
shall determine, and the execution and delivery thereof by the Issuer Officials shall be
conclusive evidence of such determination.
2.4.The Loan Agreement is hereby approved and the Issuer Officials are
hereby authorized to execute and deliver the Loan Agreement on behalf of the Issuer.
All of the provisions of the Loan Agreement, when executed and delivered as authorized
herein, shall be deemed to be a part of this resolution as fully and to the same extent as
if incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Loan Agreement shall be substantially in the form
now on file with the Issuer with such necessary and appropriate variations,omissions,
and insertions as do not materially change the substance thereof, as the Issuer Officials,
in their discretion, shall determine, and the execution and delivery thereof by the Issuer
Officials shall be conclusive evidence of such determination. The proceeds of the loan
to be made under the terms of the Loan Agreement (the “Loan”) are hereby authorized
to be applied to the payment of a portion of the costs of the acquisition, construction, and
equipping of the Project and related costs.
2.5.The Bonds shall not constitute general or moral obligations of the Issuer
but shall be special, limited obligations of the Issuer payable solely from the revenues
provided by the Borrower under the terms of the Loan Agreement and from the revenues
and security pledged, assigned, and granted under the terms of this resolution, the
Bonds, the Loan Agreement, and any other security documents provided by the
Borrower or any other party to secure the timely payment of the principal of, premium, if
any, and interest on the Bonds. As provided in the Loan Agreement, the Bonds shall not
be payable from nor charged upon any funds other than the revenue pledged to their
payment, nor shall the Issuer be subject to any liability thereon, except as otherwise
provided in this paragraph. No holder of the Bonds shall ever have the right to compel
any exercise by the Issuer of any taxing powers of the Issuer to pay the Bonds or the
interest or premium thereon, or to enforce payment thereof against any property of the
Issuer except the interests of the Issuer in the Loan Agreement and the revenues and
assets thereunder, which will be assigned to the Trustee under the terms of the
Indenture.
2.6.The Bonds shall recite that the Bonds are issued under the Act, and that
the Bonds, including interest and premium, if any, thereon, are payable solely from the
revenues and assets pledged to the payment thereof, and the Bonds shall not constitute
a debt of the Issuer within the meaning of any constitutional or statutory limitations.
December 11,201722
City Council Meeting Minutes
2.7.The Issuer acknowledges and hereby approves any one or more of the
following to be provided as security for the payment of the obligations of the Borrower
under the Loan Agreement, and the payment of the principal of, premium, if any, and
interest on the Bonds: (i) one or more mortgages or security agreements granting a
mortgage lien or security interest with respect to the Project or any portion thereof to the
Trustee; (ii) one or more collateral assignments of the contracts between the Borrower
and the architect and contractor with respect to the Project; (iii) one or more indemnity
agreements; (iv) one or more disbursing agreements, between the Borrower, the
Trustee, a disbursing agent to be selected by the Borrower, and a lender to provide for
the disbursement of the proceeds of the Bonds and the Loan and (v) assignments of
rents, guarantees, and other security instruments and documents that are intended to
ensure timely payment of the Loan and the Bonds. All such security documents, if any
are delivered, shall be substantially in the forms authorized and approved by the
Borrower.
Section 3.Additional Findings and Certifications.
3.1To ensure compliance with certain rental and occupancy restrictions
imposed by the Act and Section 142(d) of the Code, and to ensure compliance with
certain restrictions imposed by the Issuer, the Issuer Officials are also hereby authorized
and directed to execute and deliver a Regulatory Agreement, dated on or after
December 1, 2017, among the Issuer, the Borrower and the Trustee (the “Regulatory
Agreement”). The Regulatory Agreement shall be substantially in the form now on file
with the Issuer which is hereby approved, with such omissions and insertions as do not
materially change the substance thereof, as the Issuer Officials, in their discretion, shall
determine, and the execution thereof by the Issuer Officials shall be conclusive evidence
of such determination. All of the provisions of the Regulatory Agreement, when
executed and delivered as authorized herein, shall be deemed to bea part of this
resolution as fully and to the same extent as if incorporated verbatim herein and shall be
in full force and effect from the date of execution and delivery thereof.
3.2The Issuer Officials and any officer, agent, or employee of the Issuer are
authorized, upon request, to furnish certified copies of all proceedings and records of the
Issuer relating to the Bonds, and such other affidavits and certificates as may be
required to show the facts relating to the Bonds as such facts appear from the books and
records in the custody and control of the Issuer; and all such certified copies, certificates,
and affidavits, including any heretofore furnished, shall constitute representations of the
Issuer as to the truth of all statements contained therein. The Issuer Officials are hereby
further authorized to execute and deliver, on behalf of the Issuer, all other certificates,
instruments, and other written documents that may be requested by Kennedy & Graven,
Chartered, bond counsel to the Issuer (“Bond Counsel”), the Trustee, the Borrower, or
other persons or entities in conjunction with the issuance of the Bonds and the
expenditure of the proceeds of the Bonds. Without imposing any limitations on the
scope of the preceding sentence, the Issuer Officials are specifically authorized to
execute and deliver such other documents and certificates as are necessary or
appropriate in connection with the issuance, sale, and delivery of the Bonds, including a
Bond Purchase Agreement, dated on or after the pricing date of the Bonds, among the
Issuer, the Borrower, and the Underwriter, one or more consents to the assignment of a
development agreement, and other funds made available to the Borrower and the
Project, one or more Information Return for Tax-Exempt Private Activity Bond Issues,
Form 8038, with respect to the Bonds, a letter prepared in accordance with Section
42(m)(2)(D) of the Code evidencing the determination of the City, as the issuer of the
December 11,201723
City Council Meeting Minutes
Bonds, based on conclusions of a third party analyst, that the amount of tax credits to be
allocated to the Project will not exceed the amount necessary for the financial feasibility
of the Project and its viability as a qualified low-income housing project, endorsements to
any tax certificates as to arbitrage, rebate, and other federal tax matters executed and
delivered in connection with the issuance of the Bonds, appropriate amendments to the
Housing Program (as described in the Preliminary Resolution and the Temporary Note
Resolution), and all other documents and certificates as the Issuer Officials shall deem
to be necessary or appropriate in connection with the issuance, sale, and delivery of the
Bonds. The Issuer Officials are hereby further authorized and directed to execute and
deliver all other instruments and documents necessary to accomplish the purposes for
which the Bonds are to be issued. The preparation and filing of Uniform Commercial
Code financing statements with respect to the assignment of the interests of the Issuer
in the Loan Agreement (excluding any unassigned rights as provided in the Loan
Agreement), are hereby authorized. The Issuer hereby authorizes Bond Counsel to
prepare, execute, and deliver its approving legal opinions with respect to the Bonds.
3.3The Issuer will not participate in the preparation or distribution of any
official statements or other disclosure documents relating to the offer and sale of the
Bonds (the “Disclosure Documents”), except only for certain information relating
specifically to the Issuer as approved by the Issuer, and will make no independent
investigation with respect to the information contained in the Disclosure Documents,
including the appendices thereto, and the Issuer assumes no responsibility for the
sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the
Issuer hereby consents to the distribution and the use by the Underwriter of the
Disclosure Documents in connection with the offer and sale of series of the Bonds to be
offered and sold pursuant to such Disclosure Documents. The Disclosure Documents
are the sole materials consented to by the Issuer for use in connection with the offer and
sale of each publicly-offered series of the Bonds.
3.4The authority to approve, execute, and deliver future amendments to any
of the documents referred to in this resolution or other documents executed and
delivered by the Issuer in connection with the issuance of the Bonds is hereby delegated
to the Issuer Officials, subject to the following conditions: (i) such amendments do not
materially adversely affect the interests of the Issuer; (ii)such amendments do not
contravene or violate any policy of the Issuer, and (iii) such amendments are acceptable
in form and substance to Bond Counsel. The authorization hereby given shall be further
construed as authorization for the execution and delivery of such certificates and related
items as may be required to demonstrate compliance with the agreements being
amended and the terms of this resolution. The execution of any instrument by the Issuer
Officials shall be conclusive evidence of the approval of such instruments in accordance
with the terms hereof.
3.5No covenant, stipulation, obligation, or agreement herein contained or
contained in the aforementioned documents shall be deemed to be a covenant,
stipulation, obligation, or agreement of any member of the City Council, or any officer,
agent, or employee of the Issuer in that person’s individual capacity, and neither the City
Council nor any officer, agent, or employee executing the Bonds or any such documents
shall be personally liable on the Bonds or such documents or be subject to any personal
liability or accountability by reason of the issuance of the Bonds or the execution and
delivery of such documents. No provision, covenant, or agreement contained in the
aforementioned documents, the Bonds, or in any other document relating to the Bonds,
and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall
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constitute or give rise to a general or moral obligation of the Issuer or any pecuniary
liability of the Issuer or any charge upon its general credit or taxing powers. In making
the agreements, provisions, covenants, and representations set forth in such
documents, the Issuer has not obligated itself to pay or remit any funds or revenues,
other than funds and revenues derived from the Loan Agreement, which are to be
applied to the payment of the Bonds, as provided therein.
3.6Except as herein otherwise expressly provided, nothing in this resolution
or in the aforementioned documents expressed or implied, is intended or shall be
construed to confer upon any person or firm or corporation, other than the Issuer, and
any holders of the Bonds issued under the provisions of this resolution, any right,
remedy or claim, legal or equitable, under and by reason of this resolution or any
provisions hereof, this resolution, the aforementioned documents, and all of their
provisions being intended to be and being for the sole and exclusive benefit of the
Issuer, the Borrower, the Underwriter, and any beneficial owners from time to time of the
Bonds issued under the provisions of this resolution.
3.7In case any one or more of the provisions of this resolution, other than the
provisions limiting the liability of the Issuer, including those contained in Section 2.5, or
of the aforementioned documents, or of the Bonds issued hereunder shall for any reason
be held to be illegal or invalid, such illegality or invalidity shall not affect any other
provision of this resolution, or of the aforementioned documents, or of the Bonds, but
this resolution, the aforementioned documents, and the Bonds shall be construed and
endorsed as if such illegal or invalid provisions had not been contained therein.
3.8The Bonds, when executed and delivered, shall contain a recital that they
are issued in accordance with the Act, and such recital shall be conclusive evidence of
the validity of the Bonds and the regularity of the issuance thereof, and that all acts,
conditions, and things required by the laws of the State of Minnesota relating to the
adoption of this resolution, to the issuance of the Bonds, and to the execution of the
aforementioned documents to happen, exist, and be performed precedent to the
execution of the aforementioned documents have happened, exist, and have been
performed as so required by law.
3.9The officers of the Issuer, Bond Counsel, other attorneys, and other
agents or employees of the Issuer are hereby authorized to do all acts and things
required of them by or in connection with this resolution, the aforementioned documents,
or the Bonds, for the full, punctual, and complete performance of all the terms,
covenants, and agreements contained in the Bonds, the aforementioned documents,
and this resolution. If for any reason any of the Issuer Officials is unable to execute and
deliver the documents referred to in this resolution, such documents may be executed by
any member of the City Council or any officer of the Issuer delegated the duties of such
Issuer Official with the same force and effect as if such documents were executed and
delivered by such Issuer Official.
3.10The Borrower has agreed to pay the administrative fees of the Issuer
when due in accordance with the terms of the Loan Agreement. The Borrower will also
pay, or, upon demand, reimburse the Issuer for payment of, any and all costs incurred
by the Issuer in connection with the Project and the issuance of the Bonds, whether or
not the Bonds are issued, including any costs for reasonable attorneys’ fees.
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3.11It is understood and agreed by the Borrower that the Borrower shall
indemnify the Issuer against all liabilities, losses, damages, costs, and expenses
(including attorney’s fees and expenses incurred by the Issuer) arising with respect to
the Project and the Bonds, as provided for andagreed to by and between the Borrower
and the Issuer in the Loan Agreement.
3.12Except as otherwise provided in this resolution, all rights, powers, and
privileges conferred and duties and liabilities imposed upon the City Council or the
Issuer by the provisions of this resolution or of the aforementioned documents shall be
exercised or performed by the Issuer or by such members of the City Council, or such
officers, employees, or agents, or by such board, body, or agency thereof as may be
required or authorized by law to exercise such powers and to perform such duties. No
covenant, stipulation, obligation or agreement herein contained or contained in the
aforementioned documents shall be deemed to be a covenant, stipulation, obligation or
agreement of any member of the City Council, or any officer, agent, or employee of the
Issuer in that person’s individual capacity, and neither the City Council nor any Issuer
Officials executing the Bonds shall be personally liable on the Bonds or be subject to any
personalliability or accountability by reason of the issuance thereof.
Section 4.Previous Resolutions Supplemented. The provisions of this
resolution hereby supplement the Preliminary Resolution and the Temporary Note
Resolution.
Section 6.Effective Date.This resolution shall be in full force and effect from
and after its approval.
Seconded by Councilmember XiongAyes–All
The motion passed.
3.Repeal and Replace Public Rights-of-Way Ordinance
a.Consider Approval of an Ordinance Repealing All Provisions of
Chapter 32, Article I, Division 2 –Public Rights-of-Way and
Replacing Them with New Provisions and Subsequently
Renumbering Sections of Chapter 32, Article II
b.Consider Approval of a Summary Ordinance Repealing All
Provisions of Chapter 32, Article I, Division 2 –Public Rights-of-Way
and Replacing Them with New Provisions and Subsequently
Renumbering Sections of Chapter 32, Article II (4 Votes)
Public Works Director Love gave the staff report.
Councilmember Juenemann moved to approve the ordinance repealing all provision of
Chapter 32, Article I, Division 2 –Public Rights-of-Way and replacing them with new
provisions and subsequently renumbering sections of Chapter 32, Article II.
Ordinance No.977
An Ordinance Repealing All Provisions of Chapter 32, Article I, Division 2 –
Public Rights-of-Way and Replacing Them with New Provisions and
SubsequentlyRenumbering Sections of Chapter 32, Article II
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Section 1. Sections 32-04 to 32-26 of the Maplewood City Code are hereby
amended by deleting those sections in entirety.
Section 2. The Maplewood City Code is hereby amended by adding the following:
DIVISION 2. -PUBLIC RIGHTS-OF-WAY
Sec. 32-4. -Findings, purpose and intent.
The City of Maplewood holds the right-of-way within its geographical boundaries
as an asset in trust for its citizens. The city and other public entities have invested
millions of dollars in public funds to build and maintain the right-of-way. It also
recognizes that some persons, by placing their equipment in the right-of-way and
charging the citizens of the city for goods and services delivered thereby, are using this
property held for the public good. Although such services are often necessary or
convenient for the citizens, such persons receive revenue and/or profit through their use
of public property. Although the installation of such service delivery facilities are in most
cases necessary and proper use of the right-of-way, the city must regulate and manage
such uses.
To provide for the health, safety and welfare of its citizens and to ensure the
integrity of its streets and the appropriate use of right-of-way, the city strives to keep its
right-of-way in a state of good repair and free from unnecessary encumbrances.
Although the general population bears the financial burden for the upkeep of the right-of-
way, one of the causes for the early and excessive deterioration of its right-of-way is
frequent excavation or other intrusions into its subsurface area.
Accordingly,the city hereby enacts this new division of this code relating to right-
of-way permits and administration. This chapter imposes reasonable regulation on the
placement and maintenance of facilities and equipment currently within its rights-of-way
or to beplaced therein at some future time. It is intended to complement the regulatory
roles of state and federal agencies. Under this division, persons excavating and
obstructing the right-of-way will bear financial responsibility for their work. Finally, this
division provides for recovery of out-of-pocket and projected costs from persons using
the public rights-of-way.
This division shall be interpreted consistently with 1997 Session Laws, Chapter 123,
substantially codified in Minnesota Statutes Section 237.16, 237.162, 237.163, 237.79,
237.81, and 238.086 (the “Act”) and 2017 Session Laws, Chapter 94 amending the Act
and the other laws governing applicable rights of the city and users of the right-of-way.
This division shall also be interpreted consistent with Minnesota Rules 7819.0050 –
7819.9950 and Minnesota Rules Chapter 7560 where possible. To the extent any
provision of this chapter cannot be interpreted consistently with the Minnesota Rules,
that interpretation most consistent with the Act and other applicable statutory and case
law is intended. This chapter shall not be interpreted to limit the regulatory and police
powers of the city to adopt and enforce general ordinances necessary to protect the
health, safety, and welfare of the public.
The provisions and requirements of this division shall apply to inter-governmental
entities that have joint powers agreements with the city in accordance with the terms of
such agreements, and shall not apply to other right-of-way users exempted by applicable
law.
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Sec. 32-5. –Election to Manage the Public Rights-of-Way
Pursuant to the authority granted to the city under state and federal statutory,
administrative and common law, the city hereby elects, pursuant Minn. Stat. 237163
subd. 2(b), to manage rights-of-way within its jurisdiction.
Sec. 32-6. -Definitions.
The following definitions apply in this division of this code. References hereafter
to “sections” are, unless otherwise specified, references to section of this division.
Defined terms remaindefined terms, whether or not capitalized.
Abandoned Facility. A facility no longer in service and physically disconnected
from a portion of the operating facility, or from any other facility, that is in use or still
carries service. A facility is also abandoned if declared so by the right of way user.
Applicant.Any person or entity requesting permission to excavate or obstruct a
right-of-way.
City.The City of Maplewood, Minnesota. For purposes of this division, city also
means the City’s elected officials, officers, employees and agents.
Collocate or Collocation.To install, mount, maintain, modify, operate, or replace
a small wireless facility on, under, within, or adjacent to an existing wireless support
structure or utility pole that isowned privately, or by the city or other governmental unit.
Note: See, Minn. Stat. 237.162, Subd. 10.
Commission.The State Public Utilities Commission.
Congested Right-of-Way.A crowded condition in the subsurface of the public
right-of-way that occurs when the maximum lateral spacing between existing
underground facilities does not allow for construction of new underground facilities
without using hand digging to expose the existing lateral facilities in conformance with
Minnesota Statutes, section 216D.04 subdivision 3, over a continuous length of 500 feet.
Construction Performance Bond.Any of the following forms of security provided
at permittee’s option:
Individual project bond;
Cash deposit;
Security of a form listed or approved under Minn. Stat. Sec. 15.73, subd. 3;
Letter of Credit, in a form acceptable to the city.
Degradation.A decrease in the useful life of the right-of-way caused by
excavation in or disturbanceof the right-of-way resulting in the need to reconstruct such
right-of-way earlier than would be required if the excavation or disturbance did not occur.
Degradation Cost. Subject to Minnesota Rules 7819.1100 means the cost to
achieve a level of restoration, as determined by the city at the time the permit is issued,
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not to exceed the maximum restoration shown on Maplewood Plates 1 to 13, and set
forth in Minnesota Rules parts 7819.9900 to 7819.9950.
Degradation Fee. The estimated fee established at the time of permitting by the
city to recover costs associated with the decrease in the useful life of the right-of-way
caused by the excavation, and which equals the degradation cost.
Department. The department of public works for the city.
Director.The director of the department of public works of the city, or her or his
designee.
Delay Penalty.The penalty imposed as a result of unreasonable delays in right-
of-way excavation, obstruction, patching, or restoration as established by permit.
Emergency.A condition that (1) poses a danger to life or health, or of a
significant loss of property; or (2) requires immediate repair or replacement in order to
restore service to a customer.
Equipment.Any tangible asset used to install, repair or maintain facilities in any
right-of-way.
Excavate.To dig into or in any way remove or physically disturb or penetrate
any part of a right-of-way.
Excavation Permit.The permit which, pursuant to this division, must be obtained
before a person may excavate in a right-of-way. An excavation permit allows the holder
to excavate only in that part of the right-of-way described in the permit.
Excavation Permit Fee. Money paid to the city by an applicant to cover the costs
as provided in Section 32.15.
Facilityor Facilities.Any tangible asset in the right-of-way required to provide
utility service. The term does not include facilities to the extent the location and
relocation of such facilities are preempted by Minn. Stats. § 161.45, governing utility
facility placement in state trunk highways.
Five-Year Project Plan. Shows capital improvement projects (CIP) adopted by
the city for construction within the next five years.
High Density Corridor.A designated portion of the public right-of-way within
which telecommunications right-of-way users having multiple and competing facilities
may be required to build and install facilities in a common conduit system or other
common structure.
Hole.An excavation in the pavement, with the excavation having the excavation
length less than the width of the pavement.
Local Representative.A local person or persons, or designee of such person or
persons, authorized by a registrant to accept service and to make decisions for the
registrant regarding all matters within the scope of this section.
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Management Costs.The actual costs the city incurs in managing its rights-of-
way, including such costs, if incurred, as those associated with registering applicants;
issuing, processing, and verifying right-of-way or small wireless facility permit
applications; inspectingjob sites and restoration projects; maintaining, supporting,
protecting, or moving user facilities during right-of-way work; determining the adequacy
of right-of-way restoration; restoring work inadequately performed after providing notice
and the opportunity to correct the work; and revoking right-of-way or small wireless
facility permits. Management costs do not include payment by a telecommunications
right-of-way user for the use of the right-of-way, unreasonable fees of a third-party
contractor used by the city including fees tied to or based on customer counts, access
lines, or revenues generated by the right-of-way or for the city, the fees and cost of
litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123;
Minnesota Statues Sections 237.162 or 237.163; or any ordinance enacted under those
sections, or the city fees and costs related to appeals taken pursuant to Section 32-28
on this division.
Obstruct.To place any tangible object in a right-of-way so as to hinder free and
open passage over that or any part of the right-of-way.
Obstruction Permit. Thepermit which, pursuant to this division, must be obtained
before a person may obstruct a right-of-way, allowing the holder to hinder free and open
passage over the specified portion of that right-of-way, for the duration specified in the
permit.
Obstruction Permit Fee.Money paid to the city by a permittee to cover the costs
as provided in Section 32-15.
Patchor Patching.A method of pavement replacement that is considered
temporary in nature. A patch consists of (1) the compaction of the sub base and
aggregate base, and (2) the replacement in kind, of the existing pavement for a
minimum of two feet beyond the edges of the excavation in all directions. A patch is
considered full restoration only when the pavement is included in the city's five-year
project plan.
Pavement.Any type of improved surface that is within the public right-of-way
and that is paved or otherwise constructed with bituminous, concrete, aggregate, or
gravel.
Pavement Repair Plates.Drawings and details for the reconstruction and repair
of Maplewood right-of-way pavements (all types) that are herewith copied and adopted
from the original 13 plates as suggested and provided by the Minnesota Public Utilities
Commission and any supplemental additions as provided by the City of Maplewood.
Permit.Has the meaning given “right-of-way permit” in Minnesota Statues,
Section 237.162.
Permitee. Any person to whom a permit to excavate or obstruct a right-of-way
has been granted by the city under this division.
Person.An individualor entity subject to all laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit, and whether natural, corporate, or political.
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Registrantmeans any person or entity that digs, excavates, intrudes or has or
seeks to have its facilities or equipment located in any right-of-way for temporary or
permanent placement.
Probation. The status ofa person that has not complied with the conditions of
this division.
Probationary Period. One year from the date that a person has been notified in
writing that they have been put on probation.
Registrant. Any person who (1) has or seeks to have its equipment or facilities
located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or
use, the right-of-way or place its facilities or equipment in the right-of-way.
Restore or Restoration.The process by which the right-of-way and surrounding
area, including pavement, foundation, and turf areas is returned to the same or better
condition and life expectancy that existed before excavation.
Restoration Cost.The amount of money paid to the city by a permittee to
achieve the level of restoration according to plates1 to 13 of Minnesota Public Utilities
Commission rules.
Public Right-of-Way or Right-of-Way.The area on, below, or above a public
roadway, highway, street, cart way, bicycle lane, and public sidewalk in which the city
has an interest, including other dedicated rights-of-way for travel purposes and utility
easements of the city. A right-of-way does not include the airwaves above a right-of-way
with regard to cellular or other nonwire telecommunications or broadcast services.
Right-of-Way Permit.Either an excavation permit or obstruction permit, or both,
depending on the context, required by this division.
Right-of-Way User.(1) a telecommunications right-of-way user as defined by
Minnesota Statutes, section 237.162, subd. 4; or (2) a person owning or controlling a
facility in the right-of-way that is used or is intended to be used for providing utility
service, and who has a right under law, franchise, or ordinance to use the public right-of-
way.
Service or Utility Service.Includes:
(1)Those services provided by a public utility as defined in Minn. Stat. 216B.02 subds.
4 and 6;
(2)Services of a telecommunications right-of-way user, including transporting of voice or
data information;
(3)Services of a cable communications system as defined in Minn. Stats. Chapter 238;
(4)Natural gas or electric energy or telecommunications services provided by a local
government unit;
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(5)Services provided by a cooperative electric association organized underMinn. Stats.
Chapter 308A; and
(6)Water, sewer, steam, cooling, heating services, community television antenna
system, fire and alarm communications, storm sewer, light, or power services
including wind generation.
Service Lateral. An underground facility that is used to transmit, distribute or furnish
gas, electricity, communications, or water from a common source to an end use
customer. A service lateral is also an underground facility that is used in the removal of
wastewater from a customer’s premises.
Small Wireless Facility.A wireless facility that meets both of the following
qualifications:
(1)Each antenna is located inside an enclosure of no more than six cubic feet in volume
or could fit within such an enclosure; and
(2)All other wireless equipment associated with the small wireless facility provided such
equipment is, in aggregate, no more than 28 cubic feet in volume , not including
electric meters, concealment elements, telecommunications demarcation boxes,
batter backup power systems, grounding equipment, power transfer switches, cutoff
switches, and any equipment concealed from public view within or behind an existing
structure or concealment.
Note: Minn. Stat. 237.162, Subd. 11.
Small Wireless Facility Permit. Thepermit which, pursuant to this division, must be
obtained to create or install a wireless support structure, to collocate a small wireless
facility, or otherwise install a small wireless facility in the right-of-way.
Supplementary Application.An application made to excavate or obstruct more of
the right-of-way than allowed in, or to extend, a permit that had already been issued.
Temporary Surface.The compaction of subbase and aggregate base and
replacement, in kind, of the existing pavement only to the edges of the excavation. It is
temporary in nature except when the replacement is of pavement included in the city’s
two-year plan, in which case it is considered full restoration.
Trench. An excavation in the pavement, with the excavation having a length equal
to or greater than the width of the pavement.
Telecommunications Right-of-Way User. A person owning or controlling a facility in
the right-of-way, or seeking to own or control a facility in the right-of-way that is used or
is intended to be used for providing wireless services, or transporting telecommunication
or other voice or data information. For purposes of this division, a cable communication
system defined and regulated under Minn. Stat. Chap. 238, and telecommunication
activities related to providing natural gas or electric energy services, a public utility as
defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency
organized under Minn. Stat. Chap. 453 and 453A, or a cooperative electric association
organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users
for purposes of this division except to the extent such entity is offering wireless services.
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Two Year Project Plan. Shows projects adopted by the city for construction within
the next two years.
Utility Pole. A pole that is used in whole or in part to facilitate telecommunications or
electrical service.
Note: Minn. Stat. 237.162, Subd. 12.
Wireless Facility.Equipment at a fixed location that enables the provision of
wireless services between user equipment and a wireless service network, including
equipment associated with wireless service , a radio transceiver, antenna, coaxial or
fiber-optic, regular and backup power supplies, and a small wireless facility, but not
including wireless support structures, wireline backhaul facilities, or cables between
utility poles or wireless support structures, or not otherwise immediately adjacent to and
directly associated with a specific antenna.
Note: Minn. Stat. 237.162, Subd. 13.
Wireless Service.Any service using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or by means of a mobile device,
that is provided using wireless facilities. Wireless service does not include services
regulated under Title VI of the Communications Act of 1934, as amended, including
cable services.
Wireless Support Structure. Any new or existing structure in a right-of-way
designed to support or capable of supporting small wireless facilities, as reasonably
determined by the city.
Note: Minn. Stat. 237.162, Subd. 16.
Sec. 32-7. –Administration.
The director is the principle city official responsible for the administration of the right-
of-way, right-of-way permits, and the ordinances related thereto. The director may
delegate any or all of the duties hereunder.
Sec. 32-8. –Registration and Right-of-Way Occupancy.
(a)Registration. Each person who occupies or uses, or seeks to occupy or use, the
right-of-way or place any equipment or facilities in or on the right-of-way, including
persons with installation and maintenance responsibilities by lease, sublease, or
assignment, must register with the city. Registration will consist of providing
application information.
(b)Registration Required Prior to Work.No person may construct, install, repair, remove,
relocate or perform any work on, or use any facilities or any part thereof, inany right-
of-way without first being registered with the city. Such registration shall be made on
an application form provided by the city's department of public works and shall be
accompanied by the registration fee set forth in this Code. Registration and the
accompanying fee shall be required each calendar year.
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(c)Exceptions.Nothing herein shall be construed to repeal or amend the provisions of a
city ordinance permitting person to plan or maintain boulevard plantings or gardens
in the area of the right-of-way between their property and the street. Persons planting
or maintaining boulevard plantings or gardens shall not be deemed to use or occupy
the right-of-way , and shall not be required to obtain any permits or satisfy any other
requirements for planting or maintaining such boulevard plantings or gardens under
this division. However, nothing herein relieves a person from complying with the
provisions of the Minn. Stat. Chap. 216D, Gopher One Call Law.
In addition, the following are not subject to the requirements of this section:
(1)Person or persons planting or maintaining pre-approved boulevard surface
plantings or gardens.
(2)Person or persons installing mail boxes or private sidewalk from street or curb
to dwelling or commercial structure.
(3)Person or persons engaged in commercial or private snow removal activities.
(4)Person or persons installing street furnishings.
(5)Person or persons installing irrigation systems.
(6)City of Little Canada.*
(7)City of Maplewood.
(8)City of North Saint Paul.
(9)City of Oakdale.*
(10)City of Saint Paul.*
(11)City of Woodbury.*
(12)Board of Water Commissioners of the City of Saint Paul.*
(13)Persons acting as agents, contractors or subcontractors for a registrant who
has properly registered in accordance with this section.
* See appendix I.
Sec. 32-9. –Registration Information.
(a)Information Required. The information provided to the city at the time of registration
shall include, but not be limited to:
(1)Each registrant’s name, Gopher One-Call registration certificate number, address
and email address, if applicable, and telephone and facsimile numbers.
(2)The name, address, and email address, if applicable, and telephone and
facsimile numbers of a local representative. The local representative or designee
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shall be available at all times. Current information regarding how to contact the
local representative in an emergency shall be provided at the time of registration.
(3)A certificate of insurance or self-insurance:
(i)Verifying that an insurance policy has been issued to the registrant by an
insurance company licensed to do business in the state of Minnesota, or a
form of self-insurance acceptable to the city;
(ii)Verifying that the registrant is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the (i)
use and occupancy of the right of way by the registrant, its officers, agents,
employees, and permittees, and (ii) placement and use of facilities and
equipment in the right of way by the registrant, its officers, agents,
employees, and permittees, including, but not limited to, protection against
liability arising from completed operations, damage of underground
facilities, and collapse of property;
(iii)Naming the city as an additional insured as to whom the coverages
required herein are in force and applicable and for whom defense will be
provided as to all such coverages;
(iv)Requiring that the city be notified thirty (30) days in advance of cancellation
of the policy or material modification of a coverage term; and
(v)Indicating comprehensive liability coverage, automobile liability coverage,
workers’ compensation and umbrella coverage established by the city in
amounts sufficient to protect the city and the public and to carry out the
purposes and policies of this chapter.
(vi)The city may require a copy of the actual insurance policies.
(vii)If the person is a corporation, a copy of the certificate is required to be filed
under Minn. Stat. § 300.06 as recorded and certified to by the secretary of
state.
(viii)A copy of the person’s order granting a certificate of authority from the
Minnesota Public Utilities Commission or other authorization or approval
from the applicable state or federal agency to lawfully operate, where the
person is lawfully required to have such authorization or approval from said
commission or other state or federal agency.
(ix)General liability.
Public liability, including premises, products and complete operations:
Bodily injury liability -$1,500,000.00 each person, $3,000,000.00
each occurrence.
Property damage liability -$3,000,000.00 each occurrence.
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In lieu of (1) and (2) bodily injury and property damage combined -
$3,000,000.00 single limit.
(x)Comprehensive.
Automobile liability insurance, including owned, non-owned and hired
vehicles:
Bodily injury liability -$1,500,000.00 each person, $3,000,000.00
each occurrence.
Property damage liability -$3,000,000.00 each occurrence.
In lieu of (1) and (2)bodily injury and property damage combined -
$3,000,000.00 single limit.
(4)An acknowledgment by the registrant of the indemnification pursuant to this Code.
(5)Such additional information as the city may require.
(b)Notice of Changes.The registrant shall keep all of the information listed above current
at all times by providing to the city information as to changes within fifteen (15) days
following the date on which the registrant has knowledge of any change.
Sec. 32-10. -Reporting Obligations.
(a)Operations.Each registrant shall, at the time of registration and not later than
November 1 of each year, file a proposed construction and major maintenance plan
for underground facilities with the city. Such plan shall be submitted using a format
designated by the city and shall contain the information determined by the city to be
necessary to facilitate construction coordination and reduction in the frequency of
excavations and obstructions of right-of-way.
The plan shall include, but not be limited to, thefollowing information:
(1)To the extent known, the locations and the estimated beginning and ending dates
of all projects to be commenced during the next calendar year (in this section, a
“next year project”); and
(2)To the extent known, the tentative locations and estimated beginning and ending
dates for all projects contemplated for the five years following the next calendar
year (in this section, a “five-year project”).
The term “project” in this section shall include both next-year projects and five-year
projects.
By January 1 of each year, the city will have available for inspection in the public works
department office a composite list of all projects of which the city has been informed
of the annual plans. All registrants are responsible for keeping themselves informed
of the current status of this list.
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Thereafter, by February 1, each registrant may change any project in its list of next-
year projects, and must notify the city and all other registrants of all such changes in
said list. Notwithstanding the foregoing, a registrant may at any time join in a next-year
project of another registrant listed by the other registrant.
(b)Additional Next-Year Projects. Notwithstanding the foregoing, the city will not deny an
application for a right-of-way permit for failure to include a project in a plan submitted
to the city if the registrant has used commercially reasonable efforts to anticipate and
plan for the project.
Sec. 32-11.-Permit requirement.
(a)Permit Required.Except as otherwise provided in this code, no person may obstruct
or excavate any right of way, or install or place facilities in the right-of-way, without
first having obtained the appropriate right-of-way permit from the city to do so.
(1)Excavation Permit. An excavation permit is required by a registrant to excavate
that part of the right-of-way described in such permit and to hinder free and open
passage over the specified portion of the right-of-way by placing facilities
described therein, to the extent and for the duration specified therein.
(2)Obstruction Permit. An obstruction permit is required by a registrant to hinder
free and open passage over the specified portion of right-of-way by placing
equipment described therein on the right-of-way, to the extent and for the
duration specified therein. An obstruction permit is not required if a person
already possesses a valid excavation permit for the same project.
(3)Small Wireless Facility Permit. A small wireless facility permit is required by a
registrant to erect or install a wireless support structure, to collocate a small
wireless facility, or to otherwise install a small wireless facility in the specified
portion or the right-of-way, to the extent specified therein, provided that such
permit shall remain in effect for the length of time the facility is in use, unless
lawfully revoked.
Note: Minn. Stat. 237.163, Subd. 13.
(b)Permit Extensions.No person may excavate or obstruct the right-of-way beyond the
date or dates specified in the permit unless (i) such person makes a supplementary
application for another right-of-way permit before the expiration of the initial permit,
and (ii) a new permit or permit extension is granted. No person may do any work
outside the area specified in the permit unless such person makes a supplementary
application before the expiration of the permit. Payment of all fees for an extension of
the permit is required before extension may be granted by the city;
If the work could not be completed becauseof circumstances beyond the control of
the permit holder or the work was delayed or prohibited by unseasonable or
unreasonable conditions, the city may grant and extend the completion date of the
work.
(c)Delay penalty. In accordance with Minn. Rule 7819.1000 subp. 3 and notwithstanding
subsection (b) of this section, the city shall establish and may impose a delay penalty
for unreasonable delays in right-of-way excavation, obstruction, patching, or
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restoration. The delay penalty shall be established from time to time by City Council
resolution. A delay penalty will not be imposed if the delay is due to circumstances
beyond the control of the applicant, including without limitation inclement weather,
acts of God, or civil strife.
(d)Permit Display.Permits issued under this section shall be conspicuously displayed
or otherwise available at all times at the indicated work site and shall be available for
inspection by the city.
Sec. 32-12. -Permit Applications.
(a)Applications.An application fora permit is made to the city and shall be made on
forms provided by the city. If the work is to be performed by an agent, contractor, or
subcontractor on behalf of the registrant, such application shall be signed by the
registrant. Right-of-way permit applications shall contain, and will be considered
complete only upon compliance with, the requirements of the following provisions:
(1)Registration with the city pursuant to this division.
(2)Submission of a completed permit application form, including all required
attachments, and scaled drawings showing the location and area of the proposed
project and the location of all known existing and proposed facilities.
(3)Payment of money due the city for:
(i)permit fees, estimated restoration costs, and other management costs;
(ii)prior obstructions or excavations;
(iii)any undisputed loss, damage, or expense suffered by the city because of
applicant’s prior excavations or obstructions of the rights-of-way or any
emergency actions taken by the city;
(iv)franchise fees or other charges, if applicable.
(4)Payment of disputed amounts due the city by posting security or depositing in
an escrow account an amount equal to at least 110 percent of the amount owing.
(5)Posting an additional or larger construction performance bond for additional
facilities when applicant requests an excavation permit to install additional
facilities and the city deems the existing construction performance bond
inadequate under applicable standards.
(6)Any other information reasonably required by the city.
(b)Security.A construction performance bond in an amount determined by the city shall
be required from each applicant. The applicant, at its option, may post security
sufficient to cover all projects contemplated for the current calendar year. The bond
must be approved by the city attorney. Security required pursuant to this subsection
shall be conditioned that the holder will perform the work in accordance with this
division and applicable regulations and will pay to the city any costs incurred by the
city in performing work pursuant to this division. Said conditions will indemnify and
save the city and its officers, agents and employees harmless against any and all
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claims, judgment or other costs arising from any excavation and related work covered
by the permit. The bond or any unused portions of a cash deposit shall be released
by the city upon completion of the workand compliance with all conditions imposed
by the right-of-way permit. For permits allowing excavations within public streets,
such bond or unused part of a cash deposit shall be held for a period of 24 months to
guarantee adequacy of all restoration work.
Sec. 32-13. –Issuance of Permit; Conditions.
(a)Permit Issuance. If the applicant has satisfied the requirements of this division, the
city shall issue a permit.
(b)Conditions. The city may impose reasonable conditions upon the issuance of the
permit and the performance of the applicant thereunder to protect the health, safety,
and welfare or when necessary to protect the right-of-way and its current use. In
addition, a permittee shall comply with all requirements of local, state, and federal
laws, including but not limited to Minn. Stat. §§ 216D.01 -.09 (Gopher One Call
Excavation Notice System) and Minn. R., ch. 7560.
(c)Small Wireless Facility Conditions. In addition to subdivision 2, the erection or
installation of a wireless support structure, the collocation of a small wireless facility,
or other installation of a small wireless facility in the right-of-way, shall be subject to
the following conditions:
(1)A small wireless facility shall only be collocated on the particular wireless support
structure,under those attachment specifications, and at the height indicated in the
applicable permit application.
(2)No new wireless support structure installed within the right-of-way shall exceed 50
feet in height without the city’s written authorization, providedthat the city may
impose a lower height limit in the applicable permit to protect the public health,
safety and welfare or to protect the right-of-way and its current use, and further
provided that a registrant may replace an existing wireless support structure
exceeding 50 feet in height with a structure of the same height subject to such
conditions or requirements as may be imposed in the applicable permit.
(3)No wireless facility may extend more than 10 feet above its wireless support
structure.
(4)Where anapplicant proposes to install a new wireless support structure in the right-
of-way, the city may impose separation requirements between such structure and
any existing wireless support structure or other facilities in and around the right-of-
way.
(5)Where an applicant proposes collocation on a decorative wireless support
structure, sign or other structure not intended to support small wireless facilities,
the city may impose reasonable requirements to accommodate the particular
design, appearance or intendedpurpose of such structure.
(6)Where an applicant proposes to replace a wireless support structure, the city may
impose reasonable restocking, replacement, or relocation requirements on the
replacement of such structure.
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(d)Small Wireless Facility Agreement.A small wireless facility shall only be collocated
on a small wireless support structure owned or controlled by the city, or any other city
asset in the right-of-way, after the applicant has executed a standard small wireless
facility collocation agreement with the city. The standard collocation agreement may
require payment of the following:
(1)Up to $150 per year for rent to collocate on the city structure.
(2)$25 per year for maintenance associated with the collocation;
(3)A monthly fee for electrical service as follows:
(i)$73 per radio node less than or equal to 100 maximum watts;
(ii)$182 per radio node over 100 maximum watts; or
(iii)The actual costs of electricity, if the actual cost exceed the foregoing.
The standard collocation agreement shall be in addition to, and not in lieu of, the
required small wireless facility permit, provided, however, that the applicant shall not
be additionally required to obtain a license or franchise in order to collocate. Issuance
of a small wireless facility permit does not supersede, alter or affect any then-existing
agreement between the city and applicant.
(e)Dumpsters/portable-on-demand-storage (POD) units.The placement of dumpsters or
POD units in the street portion of the right-of-way is not allowed. Dumpsters or POD
units may be placed within the boulevard or driveway portions of the right-of-way
provided that they do not obstruct pedestrian traffic along sidewalks or trails and the
boulevard is restored to previous conditions. In extraordinary circumstances, the city
right-of-way engineer may make exceptions to this provision and applicant shall be
subject to the permitting and fee requirements of this division.
(f)Exceptions.No permit shall be required for the following:
(1)Approved surface landscaping work.
(2)Approved private sidewalks, street furnishings, posts and pillars.
(3)Snow removal activities.
(4)Irrigation systems provided that the system does not connect directly to water
mains in the right-of-way installed at the property owner risk.
(5)Activities of the City of Maplewood.
(6)If granted approval by the city, piercing or drilling a street or sidewalk/trail
pavement for the purpose of exploratory examination or utility depth determination.
Sec. 32-14. –Action on Small Wireless Facility Permit Applications.
(a)Deadline for Action. The city shall approve or deny a small wireless facility permit
application within 90 days after filing of such application. The small wireless facility
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permit, and any associated building permit application, shall be deemed approvedif
the city fails to approve or deny the application within the review periods established
in this section.
(b)Consolidated Applications. An applicant may file a consolidated small wireless facility
permit application addressing the proposed collocation ofup to 15 small wireless
facilities, or a greater number if agreed to by a local government unit, provided that all
small wireless facilities in the application:
(1)are located within a two-mile radius;
(2)consist of substantially similar equipment; and
(3)are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the city may approve
some small wireless facilities and deny others, but may not use denial of one or more
permits as a basis to deny all small wireless facilities in the application.
(c)Tolling of Deadline. The 90-day deadline for action on a small wireless facility permit
application may be tolled if:
(1)The city receives applications from one or more applicants seeking approval of
permits for more than 30 small wireless facilities within a seven-day period. In
such case, the city may extend the deadline for all such applications by 30 days
by informing the affected applicants in writing of such extension.
(2)The applicant fails to submitall required documents or information and the city
provides written notice of incompleteness to the applicant within 30 days of receipt
the application. Upon submission of additional documents or information, the city
shall have ten days to notify the applicant in writing ofany still-missing information.
(3)The city and a small wireless facility applicant agree in writing to toll the review
period.
Sec. 32-15. -Permit Fees.
(a)Excavation Permit Fee. The city shall impose an excavation permit fee in an amount
sufficient to recover the following costs:
(1)the city management costs;
(2)degradation costs, if applicable.
(b)Obstruction Permit Fee. The city shall impose an obstruction permit fee in an amount
sufficient to recover the city management costs.
(c)Small Wireless Facility Permit Fee. The city shall impose a small wireless facility
permit fee in an amount sufficient to recover:
(1)management costs, and;
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(2)city engineering, make-ready, and construction costs associated with collocation
of small wireless facilities.
(d)Payment of Permit Fees.No excavation permit or obstruction permit shall be issued
without payment of excavation or obstruction permit fees. The city may allow applicant
to pay such fees within thirty (30) days of billing.
(e)Non Refundable. Permit fees that were paid for a permit that the city has revoked for
a breach as stated in Section 32-26 are not refundable.
(f)Application to Franchises. Unless otherwise agreed to in a franchise, management
costs may be charged separately from and in addition to the franchise fees imposed
on a right of way user in the franchise.
Sec. 32-16. -Right of Way Patching and Restoration.
(a)Timing. The work to be done under the excavation permit, and the patching and
restoration of the right of way as required herein, must be completed within the dates
specified in the permit, increased by as many days as work could not be done because
of circumstances beyond the control of the permittee or when work was prohibited as
unseasonal or unreasonable under Section 32-20.
(b)Patch and Restoration. Permittee shall patch its own work. The city may choose either
to have the permittee restore the right of way or to restore the right of way itself.
(1)City Restoration. If the city restores the right of way, permittee shall pay the costs
thereof within thirty (30) days of billing. If, following such restoration, the pavement
settles due to permittee’s improper backfilling, the permittee shall pay to the city,
within thirty (30) days of billing, all costs associated with correcting the defective
work.
(2)Permittee Restoration. If the permittee restores the right of way itself, it shall at
the time of application for an excavation permit post a construction performance
bondin accordance with the provisions of Minn. Rule 7819.3000.
(3)Degradation Fee in Lieu of Restoration. In lieu of right of way restoration, a right
of way user may elect to pay a degradation fee. However, the right of way user
shall remain responsible for patching and the degradation fee shall not include the
cost to accomplish these responsibilities.
(c)Standards. The permittee shall perform excavation, backfilling, patching, and
restoration according to the standards and with the materials specified by the city and
shall comply with Minn. Rule 7819.1100.
(d)Duty to Correct Defects.The permittee shall correct defects in patching or restoration
performed by permittee or its agents. The permittee upon notification from the city,
shall correct all restoration work to the extent necessary, using the method required
by the city. Said work shall be completed within five (5) calendar days of the receipt
of the notice from the city, not including days during which work cannot be done
because of circumstances constituting force majeure or days when work is prohibited
as unseasonable or unreasonable under Section 32-20.
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(e)Failure to Restore. If the permittee fails to restore the right of way in the manner and
to the condition required by the city, or fails to satisfactorily and timely complete all
restoration required by the city, the city at its option may do such work. In that event
the permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring
the right of way. If permittee fails to pay as required, the city may exercise its rights
under the construction performance bond.
Sec. 32-17. -Standards for construction or installation.
(a)General standards.The permit holder shall comply with the following standards, to
the extent consistent with applicable Minnesota rules, when performing the work
authorized under the permit:
(1)Take such precautions as are necessary to avoid creating unsanitary or unsafe
conditions. Observe and comply with all laws, rules and regulations of the state
and local governments.
(2)Conduct the operations and perform the work in a manner as to insure the least
obstruction to and interference with traffic.
(3)Take adequate precautions to insure the safety of the general public and those
who require access to abutting property.
(4)Notify adjoining property owners prior to commencement of work which may
disrupt the use of and access to such adjoining properties.
(5)Comply with the Minnesota Manual of Uniform Traffic Control Devices at all times
during construction or installation.
(6)Exercise precaution at all times for the protection of persons, including
employees and property.
(7)Protect and identify excavations and work operations with barricade flags and if
required, by flagmen in the daytime and by warning lights at night.
(8)Provide proper trench protection as required by O.S.H.A.
(9)Protect the root growth of trees and shrubbery.
(10)Where possible, provide for space in the installation area for other
telecommunication right-of-way users and companies which install facilities in
public right-of-way.
(11)Maintain maximum access to all properties and cross streets as possible during
construction operations and maintain emergency vehicle access at all times.
(12)Maintain planned alignment and grade unless otherwise authorized by the city.
Field changes not approved by the city will require removal and reconstruction.
(13)During trenching of facilities, a warning tape must be placed at a depth of 12
inches above all copper cables with over 200 pairs and above any fiber facilities.
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(14)Beneath concrete or bituminous paved road surfaces, directional bore facilities
shall be installed in conduit of a type approved by the city.
(15)The placing of all telecommunications facilities must comply with the National
Electric Safety Code, as incorporated by reference in Minn. Stats. § 326.243.
(16)Locate all property lines nearright-of-way lines and replace any disturbed
property corner markers or judicial monuments. A Minnesota licensed surveyor
must be used in the replacement of disturbed property corners markers or judicial
monuments.
(17)Excavations, trenches and jackingpits off the roadway or adjacent to the roadway
or curbing shall be sheathed and braced depending upon location and soil
stability and as directed by the city.
(18)Excavating, trenches and jacking pits shall be protected when unattended to
prevent entrance of surface drainage.
(19)All backfilling materials must be placed in six-inch lifts (maximum) at optimum
moisture and compacted with the objective of attaining 95 percent of standard
Proctor density. Compaction shall be accomplished with hand, pneumatic or
vibrating compactors as appropriate.
(20)Backfill material shall be subject to the approval of the city. The city may permit
backfilling with the material from the excavation provided such material is
granular in nature and acceptable to the city.
(21)Compacted backfill shall be brought to bottom of the gravel of the approved street
section.
(22)All work performed in the right-of-way shall be done in conformance with
Maplewood Plates 1 to 13, unless a less stringent standard is approved by the
city.
(23)Street and pedestrian traffic shall be maintained throughout construction unless
provided otherwise by the permit.
(24)No road surface damaging lugs, cleats or equipment may be used or driven upon
paved city street surfaces.
(25)Dirt, trash or other debris must be periodically removed during construction.
(26)Other reasonable standards and requirements of the city.
(b)Standards for installation of underground utilities.The permit holder shall comply with
the following standards when installing facilities underground:
(1)Underground facilities must be placed as far off the roadway as possible to
provide access from outside of the paved area.
(2)Buried fiber facilities shallbe at a minimum depth of three feet and a maximum
depth of four feet unless an alternate location is approved by the city. Buried
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copper facilities beneath concrete or bituminous paved road surfaces must be
placed at no less than three feet but no more than four feet deep. Other buried
copper facilities must be placed at a minimum depth of 30 inches and a maximum
depth of four feet.
(3)Crossing of streets and hard surfaced driveways shall be directional bored unless
otherwise approved by the city.
(4)If construction is open cut, the permit holder must install the visual tracers
approximately 12 inches above buried facilities. If other construction methods are
used, substitute location methods will be considered.
(5)The permit holder shall register with Gopher State One Call and comply with the
requirements of that system.
(6)Compaction in trench backfill material shall be 95 percent of the standard Proctor
density and copies of test results shall be submitted to the city. All tests and their
locations shall be determined by the city. Tests must be conducted by an
independent testing firm approved by the city. Street pavement replacement will
not be permitted until sub-base densities are approved by the city. Testing shall
be required at the discretion of the right-of-way engineer.
Street pavement structure and materials shall be as specified by the city and
repaved in accordance with Maplewood Plates 1-13. All pavement replacement
shall be done in the presence of a city inspector with certified pavementmaterial
to city specifications.
(7)The facilities shall be located so as to avoid traffic signals and signs which are
generally placed a minimum of five feet behind the curb.
(8)When utilizing trenchless installation methods to cross an area in which a
municipal utility is located, and/or when directed by the city, the permit holder shall
excavate an observation hole over the utility to ensure that the city utility is not
damaged.Observation holes shall not be backfilled until viewed and approved
by the city right-of-way inspector.
(9)All junction boxes or access points shall be located no closer than ten feet from
municipal fire hydrants, valves, manholes, lift stations or catch basins unless an
alternate location is approved by the city.
(10)Underground facilities shall not be installed between a hydrant and an auxiliary
valve.
(11)Underground facilities shall not be installed within five feet of hydrants, valves, lift
stations or manholes in areas where utility easements exist beyond the right-of-
way. In those areas in which no utility easement exists, placement of an
underground facility shall be between the edge of pavement and no closer than
three feet to an existing municipal utility appurtenance unless approved by the
city.
(12)In areas where an extensive effort to determine the location of municipal utility
lines will be required to accommodate the installation of private facilities, the city's
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representative for Gopher State OneCall must be contacted by the permit holder
two weeks prior to the beginning of the work to schedule meetings.
(13)Buried telecommunication facilities must have a locating wire or conductive
shield, except for di-electric cables.
(14)Buried fiber facilities must be placed in a conduit of a type determined by the right-
of-way user unless the permit holder obtains a waiver from the city.
(15)The standards set forth in the standards of installation of water mains required by
the Board of Water Commissioners of the City of Saint Paul.
(c)Standards for installation of overhead facilities. The permit holder shall comply with
the following standards when installing facilities overhead:
(1)All wires must be in compliance with the National Electric Safety Code and at a
location that does not interfere with traffic signals, overhead signs, or streetlights.
(d)Standards for wireless telecommunication facilities.
(1)Purpose.The City of Maplewood desires high quality wireless communication
services to accommodate the needs of residents and businesses. At the same
time, the city strives to minimize the negative impacts that wireless
telecommunication facilities can have on aesthetics and public safety. Due to the
many services that must be delivered within its limited area, the city also strives to
avoid unnecessary encumbrances within the public right-of-way. The city allows
and regulates wireless telecommunication facilitiesoutside of the public right-of-
way through performance standards and height limits. The purpose of this section
is to regulate wireless telecommunication facilities within the public right-of-way in
a manner that balances desire for service with aesthetic, public safety, and right-
of-wayflexibility concerns.
(2)Wireless telecommunication facilities as pole attachments. Wireless
telecommunication facilities that comply with the following requirements may be
attached to existing public utility structures within the right-of-way after issuance of
a pole attachment permit.
a.The wireless telecommunication facility shall not extend above the top of the
existing public utility structure and the height of the existing public utility
structure shall not be increased to accommodate the wireless
telecommunication facility.
b.If the public utility structure must be replaced to structurally accommodate
the wireless telecommunication facility, the replacement public utility
structure height shall not exceed the existing public utility structure height
and the replacement public utility structure diameter shall not exceed the
existing public utility structure diameter by more than 50 percent.
c.The wireless telecommunication facility shall not be larger than threecubic
feet and shall have no individual surface larger than four square feet.
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d.The wireless telecommunication facility shall not extend outward from the
existing pole or tower or arm thereof by more than two and one-half feet,
except that an antenna one-half-inch in diameter or less may extend an
additional six inches.
e.The wireless telecommunication facility shall include no ground-mounted
equipment.
f.The wireless telecommunication facility shall not interfere with public safety
communications and shall meet the requirements of this Code.
g.Wireless telecommunication facilities in the right-of-way shall be removed
and relocated at city request subject to the provisions of this division.
h.The wireless telecommunication facility shall not block light emanating from
the public utility structure and shall not otherwise interfere with the original
use of the public utility structure.
(3)Wireless telecommunication facilities as pole extensions or with ground-mounted
equipment.Wireless telecommunication facilities that require increased public
utility structure height or that have ground-mounted equipment may be erected
in the public right-of-way onlywhen in compliance with the following provisions
and after issuance of a pole attachment permit or excavation permit:
a.The applicant shall demonstrate to the satisfaction of the city or his/her
designee that the wireless telecommunication facility cannot be placed in a
Code-complying location outside the right-of-way within one-quarter-mile of
the proposed location.
b.The replacement public utility structure, including lightning rods and all other
attachments, shall not exceed the height of the existing public utility structure
by more than 15 feet. Once the height of a public utility structure has been
increased under the provisions of this section, the height shall not be further
increased.
c.The replacement public utility structure diameter shall not exceed the
existing public utility structure diameter by more than 50 percent.
d.The wireless telecommunication facility shall not extend outward from the
public utility structure by more than two feet.
e.If feasible and desirable, as determined by the city, the replacement public
utility structure shall match the original and surrounding public utility
structures in materials and color.
f.The wireless telecommunication facility shall not interfere with public safety
communications and shall meet the requirements of this Code.
g.A pole attachment or excavation permit for a wireless telecommunication
facility that has ground-mounted equipment will be issued only if the issuing
authority finds the following:
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1.The ground-mounted equipment will not disrupt traffic or pedestrian
circulation;
2.The ground-mounted equipment will not create a safety hazard;
3.The location of the ground-mounted equipment minimizes impacts on
adjacent property; and,
4.The ground-mounted equipment will not adversely impact the health,
safety, or welfare of the community.
h.Ground-mounted equipment associated with the wireless telecommunication
facility shall meet the following performance standards:
1.Be set back a minimum of ten feet from the edgeof street or curb line;
2.Be separated from a sidewalk by a minimum of three feet;
3.Be set back a minimum of 50 feet from the nearest intersecting right-of-
way line;
4.Be separated from the nearest ground-mounted wireless
telecommunication equipment installation on the same block face by a
minimum of 330 feet unless the equipment is placed underground;
5.If located adjacent to residential uses, ground-mounted equipment shall
be limited to three feet in height above grade and 27 cubic feet in
cumulative size;
6.If located adjacent to nonresidential uses, ground-mounted equipment
shall be limited to five feet in height above grade and 81 cubic feet in
cumulative size;
7.Ground-mounted equipment located outside the public right-of-way
shall conform to the requirements of this Code.
8.Vegetative or other screening compatible with the surrounding area
shall be provided around the ground-mounted equipment if deemed
necessary by the city.
i.Wireless telecommunication facilities in the right-of-way shall be removed
and relocated at city request subject to the provisions of this division.
(4)New poles.The construction in the right-of-wayof a new pole to support wireless
telecommunication facilities is not allowed, except as a replacement of an
existing public utility structure subject to the requirements of this section.
(5)Charges.In addition to the permit fees outlined in this Code, the city reserves the
right to charge telecommunication providers for their use of the public right-of-
way to the extent that such charges are allowed under state law.
Telecommunication providers shall be responsible for payment of property taxes
attributable to their equipment in the public right-of-way.
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Sec. 32-18. -Joint Applications.
(a)Joint Application. Registrants may jointly apply for permits to excavate or obstruct the
right-of-way at the same place and time.
(b)Shared Fees. Registrants who apply for permits for the same obstruction or
excavation, which the city does not perform, may share in the payment of the
obstruction or excavation permit fee. In order to obtain a joint permit, registrants must
agree among themselves as to the portion each will pay and indicate the same on their
applications.
(c)With city projects. Registrants who join in a scheduled obstruction or excavation
performed by the city, whether or not it is a joint application by two or more registrants
or a single application, are not required to pay the excavation or obstruction and
degradation portions of the permit fee, but a permit would still be required.
Sec. 32-19. -Supplementary Applications.
(a)Limitation on Area. A right of way permit is valid only for the area of the right of way
specified in the permit. No permittee may do any work outside the area specified in
the permit, except as provided herein. Any permittee which determines that an area
greater than that specified in the permit must be obstructed or excavated must before
working in that greater area (i) make application for a permit extension and pay any
additional fees required thereby, and (ii) be granted a new permit or permit extension.
(b)Limitation on Dates. A right of way permit is valid only for the dates specified in the
permit. No permittee may begin its work before the permit start date or, except as
provided herein, continue working after the end date. If a permittee does not finish the
work by the permit end date, it must apply for a new permit for the additional time it
needs, and receive the new permit or an extension of the old permit before working
after the end date of the previous permit. This supplementary application must be
submitted before the permit end date.
Sec. 32-20.-Other Obligations.
(a)Compliance with Other Laws. Obtaining a right of way permit does not relieve
permittee of its duty to obtain all other necessary permits, licenses, and authority and
to pay all fees required by the city or other applicable rule, law or regulation. A
permittee shall comply with all requirements of local, state and federal laws, including
but not limited to Minn. Stat. §§ 216D.01-.09 (Gopher One Call Excavation Notice
System) and Minn. R., ch. 7560. A permittee shall perform all work in conformance
with all applicable codes and established rules and regulations, and is responsible for
all work done in the right of way pursuant to its permit, regardless of who does the
work.
(b)Prohibited Work. Except in an emergency, and with the approval of the city, no right-
of-way excavation or obstruction may be done when seasonally prohibited or when
conditions are unreasonable for such work.
(c)Interference with Right-of-way. A permit holder shall not so obstruct a right-of-way
that the natural free and clear passage of water through the gutters or other waterways
shall be interfered with. Private vehicles of those doing work in the right of way may
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not be parked within or next to a permit area, unless parked in conformance with city
parking regulations. The loading or unloading of trucks must be done solely within the
defined permit area unless specifically authorized by the permit.
(d)Trenchless excavation. As a condition of all applicable permits, permittees employing
trenchless excavation methods, including but not limited to Horizontal Directional
Drilling, shall follow all requirements set forth in Minn. Stat. ch. 216D and Minn. R., ch.
7560 and shall require potholing or open cutting over existing underground utilities
before excavating, as determined by the director.
Sec. 32-21. -Denialof permit.
(a)Reasons for Denial.The city may deny a permit for failure to meet the requirements
and conditions of this chapter or if the city determines that the denial is necessary to
protect the health, safety, and welfare of the public or when necessary to protect the
right-of-way and its current use or for any of the following grounds:
(1)Failure to register pursuant to requirements of this Code.
(2)The applicant is subject to revocation of a prior permit issued pursuant to this
division.
(3)The proposed schedule for work would conflict or interfere with an exhibition,
celebration, festival or any other similar event.
(4)The proposed schedule conflicts with scheduled or total or partial reconstruction
of the right-of-way.
(5)The applicant fails to comply with the requirements or other provisions of this Code.
(b)Procedural Requirements.The denial or revocation of a permit must be made in
writing and must document the basis for the denial. The city must notify the applicant
or right-of-way user in writing within three business days of the decision to deny or
revoke a permit. If an application is denied, the right-of-way user may address the
reasons for denial identified by the city and resubmit its application. If the application
is resubmitted within 30 daysof receipt of the notice of denial, no additional application
fee shall be imposed. The city must approve or deny the resubmitted application within
30 days after submission.
Sec. 32-22. -Emergencies and work done without a permit.
Each registrant shall immediately notify the city and all other affected parties or
property owners of any event regarding its facilities which it considers to be an
emergency. The registrant may proceed to take whatever actions are necessary to
respond to the emergency. If the registrant has not been issued the required permit, the
registrant shall, within two business days after the occurrence of the emergency, apply
for the necessary permits, pay the permit fees (where necessary) and fulfill the
remaining requirements necessary to bring itself into compliance with this article for the
actions it took in response to the emergency.
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If the city becomes aware of an emergency regarding a registrant's facilities, the
city shall attempt to contact the local representative of each registrant affected, or
potentially affected, by the emergency. The city may take whatever action deemed
necessary to respond to the emergency, the cost of which shall be borne by the
registrant whose facilities occasioned the emergency.
Except in an emergency, any person who, without first having obtained the
necessary permit, obstructs or excavates a right-of-way must subsequently obtain a
permit and (where appropriate) as a penalty, pay twice the normal fee for the permit and
shall deposit with the city the fees determined to correct any damage to the right-of-way.
Sec. 32-23. -Installation Requirements.
The excavation, backfilling, patching and restoration, and all other work
performed in the right of way shall be done in conformance with Minn. R. 7819.1100 and
7819.5000 and other applicable local requirements, in so far as they are not inconsistent
with the Minn. Stat., §§ 237.162 and 237.163. Installation of service laterals shall be
performed in accordance with Minn. R., ch 7560 and these ordinances. Service lateral
installation is further subject to those requirements and conditions set forth by the city in
the applicable permits and/or agreements referenced in Section 32-29 subd. (b) of this
ordinance.
Sec. 32-24. -Inspection.
(a)Notice of Completion. When the work under any permit hereunder is completed, the
permittee shall furnish a completion certificate in accordance Minn. Rule 7819.1300.
(b)Site Inspection. Permittee shall make the work site available to the city and to all
others as authorized by law for inspection at all reasonable times during the execution
of and upon completion of the work.
(c)Authority of Director.
(1)At the time of inspection, the director may order the immediate cessation of any
work which poses a serious threat to the life, health, safety, or well-being of the
public.
(2)The director may issue an order to the permittee for any work that does not conform
to the terms of the permit or other applicable standards, conditions, or codes. The
order shall state that failure to correct the violation will be cause for revocation of
the permit. Within ten (10) days after issuance of the order, the permittee shall
present proof to the director that the violation has been corrected. If such proof
has not been presented within the required time, the director may revoke the permit
pursuant to Sec. 32-26.
Sec. 32-25. -Work Done Without a Permit.
(a)Emergency Situations. Each registrant shall immediately notify the director of any
event regarding its facilities that it considers to be an emergency. The registrant may
proceed to take whatever actions are necessary to respond to the emergency.
Excavators’ notification to Gopher State One Call regarding an emergency situation
does not fulfill this requirement. Within two (2) business days after the occurrence of
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the emergency, the registrant shall apply for the necessary permits, pay the fees
associated therewith, and fulfill the rest of the requirements necessary to bring itself
into compliance with this chapter for the actions it took in response to the emergency.
If the city becomes aware of an emergency regarding a registrant’s facilities, the city
will attempt to contact the local representative of each registrant affected, or
potentially affected, by the emergency. In any event, the city may take whatever
action it deems necessary to respond to the emergency, the cost of which shall be
borne by the registrant whose facilities occasioned the emergency.
(b)Non-Emergency Situations. Except in an emergency, any person who, without first
having obtained the necessary permit, obstructs or excavates a right of way must
subsequently obtain a permit and, as a penalty, pay double the normal fee for said
permit, pay double all the other fees required by the city code, deposit with the city the
fees necessary to correct any damage to the right ofway, and comply with all of the
requirements of this chapter.
Sec. 32-26. -Revocation of permits.
(a)Substantial breach. The city may revoke a right-of-way permit, without a fee refund,
if there is a substantial breach of the terms or conditions of any statute, this Code,
rule or regulation, or any condition of the permit. A substantial breach of a permit
holder shall include, butnot limited to, the following:
(1)The violation of any material provision of the permit.
(2)Any material misrepresentation of fact in the application for a permit.
(3)The failure to maintain the required bonds or other security and insurance.
(4)The failure to complete the work in a timely manner.
(5)The failure to correct, in a timely manner, work that does not conform to applicable
standards, conditions or codes, upon inspection and notification by the city of the
faulty condition.
(6)An evasion or attempt to evade any material provision of the right-of-way permit,
or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its
citizens.
(7)The failure to comply with the terms and conditions of any applicable federal, state
and local laws, rules and regulations, including any provision of this division.
(b)Notice of breach.Ifthe city determines that a permit holder has committed a
substantial breach of a term or condition of any statute, this Code, rule or regulation
or any condition of the permit, the city shall make a written demand upon the permit
holder to remedy such violation within a reasonable period of time or be subject to
potential revocation of the permit. The city may impose additional or revised
conditions on the permit to mitigate or remedy the breach.
(c)Response to Notice of Breach. Within twenty-four (24) hours of receiving notification
of the breach, permittee shall provide the city with a plan, acceptable to the city, that
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will cure the breach. Permittee’s failure to so contact the city, or permittee’s failure to
timely submit an acceptable plan, or permittee’s failure to reasonably implement the
approved plan, shall be cause for immediate revocation of the permit. Further,
permittee’s failure to so contact the city, or permittee’s failure to submit an acceptable
plan, or permittee’s failure to reasonably implement the approved plan, shall
automatically place the permittee on probation for one (1) full year.
(d)Reimbursement of city costs. If a permit is revoked, the permit holder shall reimburse
the city for its reasonable costs, including restoration costs and the costs of collection
and reasonable attorney fees incurred in connection with the revocation.
Sec. 32-27. -Supplementary Notification.
If the obstruction or excavation of the right of way begins later or ends sooner than
the date given on the permit, permittee shall notify the city of the accurate information as
soon as this information is known.
Sec. 32-28.-Appeal.
(a)Filing of appeal.Any person aggrieved by, (i) the denial of a permit application; (ii)
the denial of a registration; (iii) the revocation of a permit, or (iv) the application of the
fee schedule imposed by this Code, may appeal to the city council by filing a written
notice of appeal with the city clerk. Said notice must be filed within 20 days ofthe
action causing the appeal.
(b)Notice of hearing.The city council shall hear the appeal at its next regularly scheduled
meeting, unless the time is extended by agreement of theparties. Notice of the date,
time, place and purpose of the hearing shall be mailed to the appellant.
(c)Hearing and decision.The city council shall, at the hearing, consider any evidence
offered by the appellant, the city and any other person wishing tobe heard. The
council shall issue a written decision within 30 days ofthe completion of the hearing.
Sec. 32-29. -Mapping data.
(a)Information Required. Each registrant and permittee shall provide mapping
information required by the city in accordancewith Minn. R. 7819.4000 and 7819.4100.
Within ninety (90) days following completion of any work pursuant to a permit, the
permittee shall provide the director accurate maps and drawings certifying the “as-
built” location of all equipment installed, owned,and maintained by the permittee with
the location based on:
(1)Offsets from property lines, distances from the centerline of the public right-of-way
and curb lines as determined by the city; or
(2)Ramsey County Coordinate System; or
(3)Any other system agreed upon by the right-of-way user and the city;
(4)The type and size of the utility;
(5)A description showing above-ground appurtenances;
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(6)A legend explaining symbols, characters, abbreviations, scale and other data
shown on the map; and
(7)Any facilities to be abandoned, if applicable, in conformance with Minn. Stats. §
216D.04, subd. 3.
Such maps and drawings shall include the horizontal and vertical location of all
facilities and equipment and shall be provided consistent with the city’s electronic
mapping system, when practical or as a condition imposed by the director. Failure to
provide maps and drawings pursuant to this subsection shall be grounds for revoking
the permit holder’s registration.
(b)Service Laterals. All permits issuedfor the installation or repair of service laterals,
other than minor repairs as defined in Minn. R. 7560.0150, subp. 2, shall require the
permittee’s use of appropriate means of establishing the horizontal locations of
installed service laterals and the service lateral vertical locations in those cases where
the director reasonably requires it. Permittees or their subcontractors shall submit to
the director evidence satisfactory to the director of the installed service lateral
locations. Compliance with this subdivision 2 and with applicable Gopher State One
Call law and Minnesota Rules governing service laterals installed after Dec. 31, 2005,
shall be a condition of any city approval necessary for:
(1)payments to contractors working on a public improvementproject, including those
under Minn. Stat. ch. 429, and
(2)city approval under development agreements or other subdivision or site plan
approval under Minn. Stat. ch. 462. The director shall reasonably determine the
appropriate method of providing such information to the city. Failure to provide
prompt and accurate information on the service laterals installed may result in the
revocation of the permit issued for the work or future permits to the offending
permittee or its subcontractors.
Sec. 32-30. -Location and Relocation of Facilities.
(a)Placement, location, and relocation of facilities must comply with the Act, with other
applicable law, and with Minn. R. 7819.3100, 7819.5000, and 7819.5100, to the extent
the rules do not limit authority otherwise available to cities.
Unless otherwise agreed in a franchise or other agreement between the applicable
right-of-way user and the City, Facilities in the right-of-way must be located or
relocated and maintained underground in accordance with Chapter 32 of the City
Code.
(b)Corridors. The city may assign a specific area within the right of way, or any particular
segment thereof as may be necessary, for each type of facility that is or, pursuant to
current technology, the city expects will someday be located within the right-of-way.
All excavation, obstruction, or other permits issued by the city involving the installation
or replacement of facilities shall designate the proper corridor for the facilities at issue.
Any registrant who has facilities in the right-of-way in a position at variance with the
corridors established by the city shall, no later than at the time of the next
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reconstruction or excavation of the area where the facilities are located, move the
facilities to the assigned position within the right-of-way, unless this requirement is
waived by the city for good cause shown, upon consideration of such factors as the
remaining economic life of the facilities, public safety, customer service needs, and
hardship to the registrant.
(c)Nuisance. One year after the passage of this chapter, any facilities found in a right-
of-way that have not been registered shall be deemed to be a nuisance. The city may
exercise any remedies or rights it has at law or in equity, including, but not limited to,
abating the nuisance or taking possession of the facilities and restoring the right-of-
way to a useable condition.
(d)Limitation of Space. To protect the health, safety, and welfare of the public, or when
necessary to protect the right-of-way and its current use, the city shall have the power
to prohibit or limit the placement of new or additional facilities within the right-of-way.
In making such decisions, the city shall strive to the extent possible to accommodate
all existing and potential users of the right-of-way, but shall be guided primarily by
considerations of the public interest, the public’s needs for the particular utility service,
the condition of the right-of-way, the time of year with respect to essential utilities, the
protection of existing facilities in the right-of-way, and future city plans for public
improvements and development projects which have been determined to be in the
public interest.
A right-of-way user shall promptly and at its own expense, with due regard for
seasonal working conditions, remove and relocate its facilities in the right-of-way
when it is necessary to prevent interference or obstruction, but not merely for the
convenience of the city, in connection with: (1) a present or future city use of the
right-of-way for a public project or facility, (2) the public health or safety; or (3) the
safety and convenience of travel over the right-of-way. The registrant shall restore
any right-of-way to the condition it was in prior to removal and relocation.
Sec. 32-31. –Pre-Excavation Facilities Locations.
In addition to complying with the requirements of Minn. Stat. 216D.01-.09 (“One
Call Excavation Notice System”) before the start date of any right of way excavation,
each registrant who has facilities or equipment in the area to be excavated shall mark
the horizontal and vertical placement of all said facilities. Any registrant whose facilities
are less than twenty (20) inches below a concrete or asphalt surface shall notify and
work closely with the excavation contractor to establish the exact location of its facilities
and the best procedure for excavation.
Sec. 32-32. -Damage to other facilities.
When the city does work in the right-of-way and finds it necessary to maintain,
support, or move a registrant’s facilities to protect it, the city shall notify the local
representative as early as is reasonably possible. The costs associated therewith will be
billed to that registrant and must be paid within thirty (30) days from the date of billing.
Each registrant shall be responsible for the cost of repairing any facilities in the right-of-
way which it or its facilities damage. Each registrant shall be responsible for the cost of
repairing any damage to the facilities of another registrant caused during the city’s
response to an emergency occasioned by that registrant’s facilities.
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Sec. 32-33. –Right-of-way vacation.
(a)Reservation of Right.If the city vacates a right of way that contains the facilities of a
registrant, the registrant’s rights in the vacated right of way aregoverned by Minn. R.
7819.3200.
(b)Reservation of right. If the city vacates a right-of-way which contains the equipment
or facilities of a registrant or permit holder, and if the vacation does not require the
relocation of the registrant's or permit holder's equipment or facilities, the city shall
reserve, to and for itself and all registrants or permit holders having equipment and
facilities in the vacated right-of-way, the right to install, maintain and operate any
equipment and facilities in the vacatedright-of-way and to enter upon such right-of-
way at any time for the purpose of reconstruction, inspecting, maintaining or repairing
the same.
(c)Relocation of facilities.If the vacation requires the relocation of the registrant's or
permit holder's equipment or facilities; and (i) if the vacation proceedings are initiated
by the registrant or permit holder, the registrant or permit holder must pay the
relocation costs; or (ii) if the vacation proceedings are initiated by the city, the registrant
or permit holder must pay the relocation costs unless otherwise agreed to by the city
and the registrant or permit holder; or (iii) if the vacation proceedings are initiated by a
person or persons other than the registrant or permit holder, such person or persons
must pay the relocation costs.
Sec. 32-34. -Indemnification and liability.
By registering with the city, or by accepting a permit under this chapter, a
registrant or permittee agrees to defend and indemnify the city in accordance with the
provisions of Minn. Rule 7819.1250.
(1)Limitation of liability. By reason of the acceptance of a registration or the grant of
a 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 permit holders or activities ofregistrants or permit holders.
(2)Indemnification.A registrant or permit holder 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 arisingout of the construction,
presence, installation, maintenance, repair or operation of its equipment and
facilities, or out of any activity undertaken in or near a right-of-way, whether or not
any act or omission complaint of is authorized, allowed or prohibited by a right-of-
way permit. The foregoing does not indemnify the city for its own negligence
except for claims arising out of or alleging the city's negligence in issuing the permit
or in failing to properly or adequately inspect or enforce compliancewith 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, permit holder or
the city, and the registrant or permit holder, in defending any action onbehalf of
the city, shall be entitled to assert in any action every defense or immunity that the
city could assert on its own behalf.
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If the registrant or permit holder is required to indemnify and defend, it shall
thereafter have control of the litigation, but the registrant or permit holder may not settle
the litigation without the consent of the city. Such consent will not be unreasonably
withheld.
Sec. 32-35. -Abandoned and unusable equipment and facilities.
(a)Discontinued operations. A registrant who has determined to discontinue all or a
portion of its operations in the city must provide information satisfactory to the city that
the registrant's obligations for its facilities in the right-of-way under this division have
been lawfullyassumed by another registrant.
(b) Removal of abandoned facilities. Any registrant who has abandoned facilities in any
right-of-way shall remove it from that right-of-way to the extent such facilities interfere
with another right-of-way repair, excavation, or construction, unless this requirement
is waived by the city.
Sec. 32-36. -Appeal.
A right-of-way user that: (1) has been denied registration; (2) has been denied a
permit; (3) has had a permit revoked; (4) believes that the fees imposed are not in
conformity with Minn. Stat. § 237.163, subd. 6; or (5) disputes a determination of the
director regarding Section 32-26, subd.b of this ordinance may have the denial,
revocation, fee imposition, or decision reviewed, upon written request, by the City Council.
The City Council shall act on a timely written request at its next regularly scheduled
meeting, provided the right-of-way user has submitted its appeal with sufficient time to
include the appeal as a regular agenda item. A decision by the City Council affirming the
denial, revocation, or fee imposition will be in writing and supported by written findings
establishing the reasonableness of the decision.
Sec. 32-37. -Reservation of Regulatory and Police Powers
A permittee’s rights are subject to the regulatory and police powers of the city to adopt
and enforce general ordinances as necessary to protect the health, safety, and welfare of
the public.
Sec. 32-38. -Severability.
If any portion of this chapter is for any reason held invalid by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portions thereof. Nothing in
this chapter precludes the city from requiring a franchise agreement with the applicant, as
allowed by law, in addition to requirements set forth herein.
Sec. 32-39. -Franchise holders.
If there is a conflict in language between the franchise of a person holding a
franchise agreement with the city or the water service agreement with the city and this
division, the terms of the franchise or water service agreement shall prevail.
APPENDIX I. ESSENTIAL MUNICIPAL SERVICES
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Special conditions and provisions to regulate and control right-of-way intrusions
by essential service providers for which previous agreements or ordinances have been
enacted and approved by the city in concurrence with the respective service providers.
INDEX
ArticleParticipating Municiple Provider
A.City of Little Canada
B.City of North Saint Paul
C.City of Saint Paul
D.City of Oakdale
E.City of Woodbury
F.Board of Water Commissioners of the City of Saint Paul
Secs. 32-40 to 32-46-Reserved.
Section 3. This section renumbers sections of Chapter 32, Article II as follows:
Sec. 32-47. –Definitions.
Sec. 32-48. –Duty to prevent discharges of dirt, debris, or other material.
Sec. 32-49–Removal of dirt, debris, snow, or other material.
Sec. 32-50–Notice to remove dirt, debris, snow, or other material; removal by city.
Sec. 32-51–32.60. –Reserved.
Seconded by Councilmember SmithAyes–All
The motion passed.
Councilmember Xiong moved to approve the summary ordinance repealing all
provisions of Chapter 32, Article I, Division 2 –Public Rights-of-Way and replacing them
with new provisions and subsequently renumber sections of Chapter 32, Article II to
meet the publishing requirements per State Statutes.
SUMMARY ORDINANCE NO. 977
CITY OF MAPLEWOOD
RAMSEY COUNTY,MINNESOTA
ASUMMARY ORDINANCE REPEALING ALL PROVISIONS OF CHAPTER 32,
ARTICLE I, DIVISION 2 –PUBLIC RIGHTS-OF-WAY AND REPLACING THEM WITH
NEW PROVISIONS AND SUBSEQUENTLY RENUMBERING SECTIONS OF
CHAPTER 32, ARTICLE II
NOTICE IS HEREBY GIVEN that, on December 11, 2017, Ordinance No. ____was
adopted by the City Council of the City of Maplewood, Minnesota. Due to the lengthy
nature of Ordinance No. ___, the following Summary Ordinance No. ____ has been
prepared for publication as authorized by state law.
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The ordinance adopted by the City Council on December 11, 2017 repeals and
replacesChapter 32, Article I, Division 2 –Public Rights-of-Wayof theCity of
Maplewood Code of Ordinances and subsequently renumbers sections of
Chapter 32, Article II. The general purpose of this ordinance is to update
Chapter 32, Article I, Division 2 –Public Rights-of-Way to administer and
regulate the public rights-of-way in the public interest, accommodate and permit
small wireless facilities, and to provide for theissuance and regulation ofright-of-
way permits.
A printed copy of the whole ordinance is available for inspection by any person
during the City's regular office hoursat the Office of the City Clerk. The complete
ordinance will be posted on the City's websitefollowing publication.
APPROVED FOR PUBLICATION by the City Council of Maplewood, Minnesota, this
th
11day of December, 2017.
Seconded by Councilmember AbramsAyes–All
The motion passed.
K.AWARD OF BIDS
None
L.ADJOURNMENT
Mayor Slawikadjourned the meeting at9:23 p.m.
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