2004-10-25 CC Workshop Packet• ALBERTVILLE CITY COUNCIL
WORKSHOP AGENDA
Monday, October 25, 2004
6:30 PM
Meeting called to order
Purpose of the workshop is to review staff recommendations for new and amended
ordinances to be used in the new codified code. Staff will present a brief overview and seek
council input and direction.
1. Right of Way Ordinance (pgs 2-20)
2. Escrow Ordinance (pgs 21-22)
3. Peddler/Solicitor Ordinance (pgs24-30)
4. An Ordinance licensing and regulating the sale and consumption of Intoxicating
Liquor. (pgs 31-39)
5. Snow Plow Ordinance s 40-48
(pgs )
6. Diseased Trees (pgs 50-53)
7. Sewer Use Ordinance (pgs 54-68)
8. Sewer Rate Ordinance (pgs 69-76)
9. ADJOURNMENT
0
City of Albertville
Right -of -Way
Ordinance
•
TABLE OF CONTENTS
RIGHT-OF-WAY ORDINANCE
SECTION
PAGE
Sec.1.01. Findings, Purpose, and Intent............................................................. ....1
Seca 1.02. Election to Manage the Public Right -of -Way .............................................................2
Sec.1.03. Definitions................................................................................................................... 2
Seca 1.04. Administration............................................................................................................. 6
Sec.1.05. Utility Coordination Committee................................................................................ 6
See.1.06. Registration and Right -of -Way Occupancy.............................................................. 6
Sec.1.07. Registration Information............................................................................................ 7
Sec.1.08. Reporting Obligations................................................................................................. 8
Sec.1.09. Permit Requirement.................................................................................................... 8
Sec.1.10. Permit Applications.................................................................................................... 9
Sec.1.11. Issuance of Permit; Conditions................................................................................10
Sec.1.12. Permit Fees................................................................................................................10
See.1.13. Right -of -Way Patching and Restoration.................................................................11
Sec.1.14. Joint Applications....................................................................................................12
Sec.1.15. Supplementary Applications....................................................................................12
Sec. 1.16. Other Obligations....................................................................................................13
Sec.1.17. Denial of Permit ...... ..... .13
Sec.1.18. Installation Requirements........................................................................................13
Sec. 1.19. Inspection ...............................................................................................................13
Sec.1.20. Work Done Without a Permit..................................................................................14
Sec.1.21. Supplementary Notification.....................................................................................14
Seca 1.22. Revocation of Permits...............................................................................................14
Sec.1.23. Mapping Data............................................................................................................15
Sec.1.24. Location and Relocation of Facilities......................................................................15
Sec.1.25. Pre -Excavation Facilities Location..........................................................................16
Sec.1.26. Damage to Other Facilities.......................................................................................16
Sec.1.27. Right -of -Way Vacation...........................................................................................17
Sec.1.28. Indemnification and Liability..................................................................................17
Sec.1.29. Abandoned and Unused Facilities...........................................................................17
Sec.1.30. Appeal.........................................................................................................................17
Sec.1.31. Severability.................................................................................................................17
APPENDIX
Sample Application for Right -of -Way Permits
Restoration of Right -of -Way Standard Plates
Right -of -Way Fees & Charges
Right -of -Way Ordinance
City of Albertville, Wright County, Minnesota
An ordinance to enact a new Chapter
of the Code of Ordinances
to administer and regulate the
public rights -of -way in the public interest, and to provide for the
issuance and regulation of right-of-way permits
THE COUNCIL OF ALBERTVILLE ORDAINS':
Chapter _of the Code of Ordinances (hereafter "this Code"f is hereby repealed in
its entirety, and is replaced by the following new Chapter 1 (hereafter "this Chapter"), to read as
follows:
Chapter 1
Right -of -Way Management
• Sec.1.01. Findings, Purpose, and Intent.
To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the
appropriate use of the rights -of -way, the City strives to keep its rights -of -way in a state of good repair and
free from unnecessary encumbrances.
Accordingly, the City hereby enacts this new chapter 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 be placed therein at some future time. It
is intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons
excavating and obstructing the rights -of -way will bear financial responsibility for their work. Finally, this
chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights -
of -way.
This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially
codified in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the
"Act") and the other laws governing applicable rights of the City and users of the right-of-way. This
chapter shall also be interpreted consistent with Minnesota Rules 7819.0050 — 7819.9950 where possible.
To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules,
'Enacting clauses are different in various charters. The statutory City enacting clause is used here.
2In most cases, there will be ordinances or legislative codes that will need to be amended or repealed because of
inconsistency with the new regulations. One method is to repeal all those provisions and replace them with this
ordinance.
1
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.
See.1.02. 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 to Minn. Statute 237.163, subd. 2(b), to manage
rights -of -way within its jurisdiction.
Sec.103. Definitions.
The following definitions apply in this chapter of this code. References hereafter to "sections" are
unless otherwise specified references to sections in this chapter. Defined terms remain defined
terms whether or not capitalized.
"Abandoned Facility' means a facility no longer in service or physically disconnected from
a portion of the operating facility, or from any other facility, that is in use or still carries
service. A facility is not abandoned unless declared so by the right-of-way user.
"A 1icant' means any person requesting permission to excavate or obstruct a right-of-way.
"CV" means the Cityof Albertville, Minnesota. For purposes of section 1.28, City means
pmP ty
its elected officials, officers, employees and agents.
"Commission" means the State Public Utilities Commission.
"Congested Ri t-of-Way' means a crowded condition in the subsurface of the public right-
of-way that occurs when the maximum lateral spacing between existing underground
facilities does not allow for construction of new underground facilities without using hand
digging to expose the existing lateral facilities in conformance with Minnesota Statutes,
section 216D.04. subdivision3, over a continuous length in excess of 500 feet.
"Construction Performance Bond" means 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
Self-insurance, in a form acceptable to the City
F. A blanket bond for projects within the City, or other form of construction
bond, for a time specified and in a form acceptable to the City.
2
"Degradation" means a decrease in the useful life of the right-of-way caused by excavation
in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way
. earlier than would be required if the excavation or disturbance did not occur.
"Degradation Cost" subject to Minnesota Rules 7819.1100 means the cost to achieve a level
of restoration as determined by the City at the time the permit is issued, not to exceed the
maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900
to 7819.9950.
"Degradation Fee" means the estimated fee established at the time of permitting by the City
to recover costs associated with the decrease in the useful life of the right-of-way caused by
the excavation, and which equals the degradation cost.
"Department" means the department of public works of the City.
"Department Inspector" means any person authorized by the City to carry out inspections
related to the provisions of this chapter.
"Director" means the director of the department of public works of the City, or her or his
designee.
"Deli Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration as established by permit.
"Emergency" means 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 of facilities in order to
restore service to a customer.
"Equipment" means any tangible asset used to install, repair, or maintain facilities in any
right-of-way.
"Excavate" means to dig into or in any way remove or physically disturb or penetrate any
part of a right-of-way.
"Excavation permit 'means the permit which, pursuant to this chapter, must be obtained
before a person may excavate in a right-of-way. An Excavation permit allows the holder to
excavate that part of the right-of-way described in such permit.
"Excavation permit fee" means money paid to the City by an applicant to cover the costs as
provided in Section 1.12.
"Facility or Facilities" means any tangible asset in the right-of-way required to provide
Utility Service.
"Five -Year Project Plan' shows projects adopted by the City for construction within the
• next five years.
"High Density Corridor' means a designated portion of the public right-of-way within
which telecommunications right-of-way users having multiple and competing facilities may
3
be required to build and install facilities in a common conduit system or other common
structure.
"Hole" means an excavation in the pavement, with the excavation having a length less than
the width of the pavement.
"Local Representative" means a local person or persons, or designee of such person or
persons, authorized by a registrant to accept service and to make decisions for that registrant
regarding all matters within the scope of this chapter.
"Management Costs" means the actual costs the City incurs in managing its rights -of -Way,
including such costs, if incurred, as those associated with registering applicants; issuing,
processing, and verifying right-of-way permit applications; inspecting job sites and
restoration projects; maintaining, supporting, protecting, or moving user facilities during
right-of-way work; determining the adequacy of right-of-way restoration; restoring work
inadequately performed after providing notice and the opportunity to correct the work; and
revoking right-of-way permits. Management costs do not include payment by a
telecommunications right-of-way User for the use of the right-of-way, the fees and cost of
litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123;
Minnesota Statutes Sections 237.162 or 237.163 or any ordinance enacted under those
sections, or the City fees and costs related to appeals taken pursuant to Section 1.30 of this
chapter.
"Obstruct" means 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" means the permit which, pursuant to this chapter, must be obtained
before a person may obstruct a right-of-way, allowing the holder to hinder free and open
passage over the specified portion of that right-of-way, for the duration specified therein.
"Obstruction Permit Fee" means money paid to the City by a permittee to cover the costs as
provided in Section 1.12
"Patch or Patching" means a method of pavement replacement that is temporary in nature.
A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the
replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges
of the excavation in all directions. A patch is considered full restoration only when the
pavement is included in the City's five year project plan.
"Pavement" means 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.
"Permit" has the meaning given "right-of-way permit" in Minnesota Statutes, section
237.162.
"Permittee" means any person to whom a permit to excavate or obstruct aright -of -way has
been granted by the City under this chapter.
4
"Person" means an individual or entity subject to the laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit, and whether natural, corporate, or political.
"Probation" means the status of a person that has not complied with the conditions of this
chapter.
"Probationary Period" means one year from the date that a person has been notified in
writing that they have been put on probation.
"Registrant" means any person who (1) has or seeks to have its equipment or facilities
located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use,
the right-of-way or place its facilities or equipment in the right-of-way
"Restore or Restoration" means the process by which an excavated right-of-way and
surrounding area, including pavement and foundation, is returned to the same condition and
life expectancy that existed before excavation.
"Restoration Cost" means the amount of money paid to the City by a permittee to achieve
the level of restoration according to plates 1 to 13 of Minnesota public Utilities Commission
rules.
"Public Right -of- 9 means the area on, below, or above a public roadway, highway,
street, trail, cartway, bicycle lane, public sidewalk, and drainageway in which the City has
an interest, including other dedicated rights -of -way for travel purposes and drainage 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 service.
"Right -of -Way Permit' means either the excavation permit or the obstruction permit, or
both, depending on the context, required by this chapter.
"Right -of --Way User' means (1) a telecommunications right-of-way user as defined by
Minnesota Statutes, section 237.162, subd. 4; or (2) a person owning or controlling a facility
in the right-of-way that is used or intended to be used for providing utility service, and who
has a right under law, franchise, or ordinance to use the public right-of-way.
"Service or Utili , Service' includes (1) those services provided by a public utility as
defined in Minn. Stat. 21613.02, subds. 4 and 6; (2) services of a telecommunications right-
of-way user, including transporting of voice or data information; (3) services of a cable
communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas or electric
energy or telecommunications services provided by the City; (5) services provided by a
cooperative electric association organized under Minn. Stat., Chapter 308A; and (6) water,
sewer, steam, cooling or heating services.
"Supplementga Application" means 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" means the compaction of subbase and aggregate base and
replacement, in kind, of the existing pavement only to the edges of the excavation. It is
5
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" means an excavation in the pavement, with the excavation having a length equal
to or greater than the width of the pavement.
"Telecommunication Ri t-of--Way User" means a person owning or controlling a facility in
the right-of-way, or seeking to own or control a Facility in the right-of-way, that is used or
is intended to be used for transporting telecommunication or other voice or data
information. For purposes of this chapter, a cable communication system defined and
regulated under Minn. Stat. Chap. 238, and telecommunication activities related to
providing natural gas or electric energy services whether provided by a public utility as
defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency
organized under Minn. Stat. Chaps. 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 chapter.
"Two Year Project Plan' shows projects adopted by the City for construction within the next
two years.
Sec.1.04 Administration.
The director is the principal City official responsible for the administration of the rights -of -way,
right-of-way permits, and the ordinances related thereto. The director may delegate any or all of
Mthe duties hereunder.
Seca 1.05. Utility Coordination Committee.
The City may create an advisory utility coordination committee. Participation on the committee is
voluntary. It will be composed of any registrants that wish to assist the City in obtaining
information and by making recommendations regarding use of the right-of-way, and to improve
the process of performing construction work therein. The City may determine the size of such
committee and shall appoint members from a list of registrants that have expressed a desire to
assist the City.
Sec.1.06. Registration and Right -of -Way Occupancy.
Subd.1. Registration. Each person who occupies, 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 and paying a registration
fee.
Subd. 2. Registration Prior to Work No person may construct, install, repair, remove, relocate,
or perform any other work on, or use any facilities or any part thereof in any right-of-way without
first being registered with the City.
Subd. 3. Exception& Nothing herein shall be construed to repeal or amend the provisions of a
City ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area
6
•
•
of the right-of-way between their property and the street curb. 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 chapter. However, nothing herein relieves a person
from complying with the provisions of the Minn. Stat. Chap. 216D, Gopher One Call Law.
Seca 1.07. Registration Information.
Subd.1. Information Required The information provided to the City at the time of registration
shall include, but not be limited to:
(a) Each registrant's name, Gopher One -Call registration certificate number, address and e-
mail address if applicable, and telephone and facsimile numbers.
(b) The name, address and e-mail address, if applicable, and telephone and facsimile numbers
of a local representative. The local representative or designee shall be available at all times.
Current information regarding how to contact the local representative in an emergency shall
be provided at the time of registration.
(c) 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;
(2) Verifying that the registrant is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the (i) use and
occupancy of the right-of-way by the registrant, its officers, agents, employees and
permittees, and (ii) placement and use of facilities 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;
(3) Naming the City as an additional insured as to whom the coverages required
herein are in force and applicable and for whom defense will be provided as to all
such coverages;
(4) Requiring that the City be notified thirty (30) days in advance of cancellation of
the policy or material modification of a coverage term;
(5) Indicating comprehensive liability coverage, automobile liability coverage,
workers compensation and umbrella coverage established by the City in amounts
sufficient to protect the City and the public and to carry out the purposes and policies
of this chapter.
(d) The City may require a copy of the actual insurance policies.
(e) If the person is a corporation, a copy of the certificate required to be filed under Minn.
Stat. 300.06 as recorded and certified to by the Secretary of State.
7
(f) A copy of the persoWs order granting a certificate of authority from the Minnesota Public
Utilities Commission or other applicable state or federal agency, where the person is lawfully
required to have such certificate from said commission or other state or federal agency.
Subd. 2. Notice of Changes The registrant shall keep all of the information listed above current
at all times by providing to the City information as to changes within fifteen (15) days following
the date on which the registrant has knowledge of any change.
Sec.1.08. Reporting Obligations.
Subd.1. Operations. Each registrant shall, at the time of registration and by December 1 of each
year, file a construction and major maintenance plan for underground facilities with the City. Such
plan shall be submitted using a format designated by the City and shall contain the information
determined by the City to be necessary to facilitate the coordination and reduction in the frequency
of excavations and obstructions of rights -of -way.
The plan shall include, but not be limited to, the following information:
(a) The locations and the estimated beginning and ending dates of all projects to be
commenced during the next calendar year (in this section, a "next -year prefect"); and
(b) To the extent known, the tentative locations and estimated beginning and ending dates for
all projects contemplated for the five years following the next calendar year (in this section, a
"five-year project"),
The term "project" in this section shall include both next -year projects and five-year projects.
By January 1 of each year the City will have available for inspection in the City's 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.
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.
Subd. 2. Additional Next -Year Projects. Notwithstanding the foregoing, the City will not deny
an application for a right-of-way permit for failure to include a project in a plan submitted to the
City if the registrant has used commercially reasonable efforts to anticipate and plan for the
project.
Sec.1.09. Permit Requirement.
Subd.1. Permit Required. Except as otherwise provided in this code, no person shall encumber,
excavate, or obstruct any street, alley, lane, drainageway, gutter, sidewalk, trail or other public place
within the corporate limits of the City by placing therein or thereon any building, structure, building or
construction materials, rock, sand, soil, wood, trash receptacle, construction debris, storage receptacle, or
8
other impediment, material or substance whatsoever, or by making any excavation or opening therein,
without first having obtained permission in writing from the City to do so.
is Unless otherwise prohibited by the City, a person may load or unload materials from a vehicle parked in
the right-of-way for a period not exceeding two (2) hours, provided that the vehicle is parked against the
curb in such a manner that two vehicles are able to safely pass that parked vehicle at the same time.
No person or entity shall install or connect a driveway to a City street located within a public right-of-
way or easement without first obtaining a Driveway permit from the City. No such permit shall be
required for: (1) construction pursuant to a valid building permit for a new residential structure on a
vacant lot -'and (2) commercial and industrial properties with driveways constructed pursuant to a site
plan approved by the City Council.
No person or entity shall install or connect a non-public sidewalk to a public sidewalk or City street
located within a public right-of-way or easement without first obtaining a permit to do so from the City.
(a) 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.
(b) 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.
Subd. 2. 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.
Subd. 3. Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding
subd. 2 of this Section, the City shall establish and impose a delay penalty for unreasonable delays in
right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established
from time to time by City Council resolution.
Subd. 4. Permit Display. Permits issued under this chapter shall be conspicuously displayed or
otherwise available at all times at the indicated work site and shall be available for inspection by the
City.
Sec.1.10. Permit Applications.
Application for a permit is made to the City. Right-of-way permit applications shall contain, and will be
considered complete only upon compliance with the requirements of the following provisions: [Note:
Copy of permit application is included at end of document.]
(a) Registration with the City pursuant to this chapter;
2
(b) 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.
(c) Payment of money due the City for:
(1) permit fees, estimated restoration costs and other management costs;
(2) prior obstructions or excavations;
(3) 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;
(4) franchise fees or other charges, if applicable.
(d) Payment of disputed amounts due the City by posting security or depositing in an escrow
account an amount equal to at least 110% of the amount owing.
(e) 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.
Sec.1.11. Issuance of Permit; Conditions.
Subd.1. Permit Issuance. If the Applicant has satisfied the requirements of this chapter, the City shall
issue a permit.
Subd. 2. Conditions The City may impose reasonable conditions upon the issuance of the permit and
the performance of the applicant thereunder to protect the health, safety and welfare or when necessary
to protect the right-of-way and its current use.
Sec.1.12. Permit Fees. [Note: Sample fee schedules included in the appendix; also note that
Minn. Rules 7819.1000 establishes requirements for establishing fees.]
Subd.1. Excavation Permit Fee. The City shall establish an excavation permit fee in an amount
sufficient to recover the following costs:
(a) the City management costs;
(b) degradation costs, if applicable.
Subd. 2. Obstruction Permit Fee. The City shall establish the obstruction permit fee and shall be in an
amount sufficient to recover the City management costs.
Subd. 3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without
is payment of excavation or obstruction permit fees. The City may allow Applicant to pay such fees within
thirty (30) days of billing.
[02
Subd. 4. Non Refundable. Permit fees that were paid for a permit that the City has revoked for a breach
as stated in Section 1.22 are not refundable.
Subd. 5. 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 aright -of -way user in the
franchise.
Sec.1.13. Right -of -Way Patching and Restoration.
Subd.1. 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 1.16.
Subd. 2. Patch and Restoration. Permittee shall patch its own work. The City may choose either to
have the permittee restore the right-of-way or to restore the right-of-way itself.
(a) 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.
(b) 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 bond in accordance with the
' provisions of Minnesota Rule 7819.3000.
•
(c) 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.
Subd. 3. 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 Minnesota
Rule 7819.1100.
Subd. 4. Duty to Correct Defects The permittee shall correct defects in patching, or restoration
performed by permittee or its agents. permittee upon notification from the City, shall correct all
restoration work to the extent necessary, using the method required by the City. Said work shall be
completed within five (5) calendar days of the receipt of the notice from the City, not including days
during which work cannot be done because of circumstances constituting force majeure or days when
work is prohibited as unseasonal or unreasonable under Section 1.16.
Subd. 5. 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.
When any damage, destruction, obstruction or encumbrance of any kind occurs or is put, placed, or left
in the right of way, including streets, alleys, lanes, curbs, ditches, gutters, sidewalks, trails, or other
public place, the City shall attempt to notify the person who damaged, destroyed, put, placed, or left such
obstruction or encumbrance as well as the owner of the abutting property if they are not the same person,
to remove the obstruction or encumbrance or repair the damage or destruction within a specified amount
of time. If such person fails or refuses to remove such obstruction or encumbrance within the specified
amount of time, the City may: (1) issue an administrative citation and impose a fine as a nuisance
pursuant to the procedures set forth in Albertville City Code ; and/or (2) have such obstruction or
encumbrance removed by municipal employees or contractors, in which case the City shall make an
itemized account of any expenses incurred in or by reason of such removal. The City may recover from
the person who damaged, destroyed, put, placed, or left such obstruction or encumbrance as well as any
person who caused such actions to occur, all such expenses incurred by the City by sending an invoice
or, by Council order, by any other lawful means, including a civil suit. All invoices sent pursuant to this
subdivision shall be paid within 30 days of mailing of such invoice. Any expenses incurred by the City
but not otherwise recovered maybe recovered by special assessment of property located within the City
which is owned by the person who damaged, destroyed, put, placed, or left such obstruction or
encumbrance in the Right of Way or who caused such actions to occur, said assessment to be pursuant to
the procedure set forth in Albertville City Code
Sec.1.14. Joint Applications.
Subd.1. Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-
of-way at the same place and time.
Subd. 2. Shared feex 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.
Subd. 3. 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.1.15. Supplementary Applications.
Subd.1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way
specified in the permit. No permittee may 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.
Subd. 2. Limitation on Dates A right-of-way permit is valid only for the dates specified in the permit.
No permittee may begin its work before the permit start date or, except as provided herein, continue
working after the end date. If a permittee does not finish the work by the permit end date, it must apply
for a new permit for the additional time it needs, and receive the new permit or an extension of the old
permit before working after the end date of the previous permit. This supplementary application must be
submitted before the permit end date.
12
Sec.1.16. Other Obligations.
Subd.1. Compliance With Other Law& 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 Minn. Stat. 216D.01-.09 (Gopher One Call Excavation Notice System).
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.
Subd. 2. Prohibited Work Except in an emergency, and with the approval of the City, no right-of-way
Obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable
for such work.
Subd.3. Interference with Right -of -Way. A permittee shall not so obstruct aright -of -way that the
natural free and clear passage of water through the gutters or other waterways shall be interfered with.
Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit
area, unless parked in conformance with City parking regulations. The loading or unloading of trucks
must be done solely within the defined permit area unless specifically authorized by the permit.
Sec.1.17. Denial of Permit.
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 or when necessary
to protect the right-of-way and its current use.
Sec.1.18. Installation Requirements.
The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way
shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local
requirements, in so far as they are not inconsistent with the Minnesota Statutes Secs. 237.162 and
237.163.
Sec.1.19. Inspection.
Subd.1. Notice of Completion. When the work under any permit hereunder is completed, the permittee
shall furnish a Completion Certificate in accordance Minnesota Rule 7819.1300.
Subd. 2. Site Inspection. permittee shall make the work -site available to the City and to all others as
authorized by law for inspection at all reasonable times during the execution of and upon completion of
the work.
Subd 3. Authority of Director.
(a) 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.
(b) The director may issue an order to the permittee for any work which does not conform to the
terms of the permit or other applicable standards, conditions, or codes. The order shall state that
13
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. 1.22.
Sec.1.20 Work Done Without a Permit.
Subd.1. Emergency Situations. Each registrant shall immediately notify the Director 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. Within two (2) business days after the
occurrence of 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.
Subd. 2. Non -Emergency Situationx 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-of-way and comply
with all of the requirements of this chapter.
1W Any person who damages or destroys public facilities located in the right-of-way or other public
easement, including streets, alleys, lanes, curbs, ditches, gutters, sidewalks, trails, sanitary and/or storm
sewers, wetlands, water main, street lights and poles, or other publicly owned property, or causes such
actions to occur, shall be liable for the costs of repair and/or replacement resulting from such damage or
destruction.
See.1.21. 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.1.22. Revocation of Permits.
Subd. 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any right-of-
way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any
statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by
permittee shall include, but shall not be limited to, the following:
(a) The violation of any material provision of the right-of-way permit;
(b) 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;
(c) Any material misrepresentation of fact in the application for a right-of-way permit;
14
(d) The failure to complete the work in a timely manner; unless a permit extension is obtained or
unless the failure to complete work is due to reasons beyond the permittee's control; or
(e) The failure to correct, in a timely manner, work that does not conform to a condition indicated
on an order issued pursuant to Sec. 1.19.
Subd. 2. Written Notice of Breach. If the City determines that the permittee has committed a
substantial breach of a team or condition of any statute, ordinance, rule, regulation or any condition of the
permit the City shall make a written demand upon the permittee to remedy such violation. The demand
shall state that continued violations may be cause for revocation of the permit. A substantial breach, as
stated above, will allow the City, at its discretion, to place additional or revised conditions on the permit
to mitigate and remedy the breach.
Subd. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the
breach, permittee shall provide the City with a plan, acceptable to the City, that will cure the breach.
Permittee's failure to so contact the City, or 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.
Subd. 4. Cause for probation. From time to time, the City may establish a list of conditions of the
permit, which if breached will automatically place the permittee on probation for one full year, such as,
but not limited to, working out of the allotted time period or working on right-of-way grossly outside of
the permit authorization.
Subd. 5. Automatic Revocation. If a permittee, while on probation, commits a breach as outlined
above, permittee's permit will automatically be revoked and permittee will not be allowed further
permits for one full year, except for Emergency repairs.
Subd. 6. Reimbursement of City costs. If apermit is revoked, the permittee shall also reimburse the City
for the City's reasonable costs, including restoration costs and the costs of collection and reasonable
attorneys' fees incurred in connection with such revocation.
Sec.1.23. Mapping Data.
Subd.1. Information Required Each registrant and permittee shall provide mapping information
required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100.
Seca 1.24. Location and Relocation of Facilities.
Subd.1. Placement , location, and relocation of facilities must comply with the Act, with other
applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules
do not limit authority otherwise available to cities.
Subd. 2. Corridors. The City may assign specific area within the right-of-way, or any particular
segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology,
the City expects will someday be located within the right-of-way. All excavation, obstruction, or other
15
permits issued by the City involving the installation or replacement of facilities shall designate the proper
corridor for the facilities at issue.
Any registrant who has facilities in the right-of-way in a position at variance with the corridors
established by the City shall, no later than at the time of the next reconstruction or excavation of the area
where the facilities are located, move the facilities to the assigned position within the 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.
Subd. 3. 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.
Subd. 4. Limitation of Space. To protect health, safety, and welfare or when necessary to protect the
right-of-way and its current use, the City shall have the power to prohibit or limit the placement of new
or additional facilities within the right-of-way. In making such decisions, the City shall strive to the
extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided
primarily by considerations of the public interest, the public's needs for the particular utility service, the
condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing
facilities in the right-of-way, and future City plans for public improvements and development projects
which have been determined to be in the public interest.
Sec.1.25 Pre -excavation Facilities Location.
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.1.26. 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 damages. 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.
Sec.1.27. Right -of -Way Vacation.
Reservation of right If the City vacates a right-of-way which contains the facilities of a registrant, the
registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200.
Sec.1.28. Indemnification and Liability
16
•
•
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 Minnesota Rule 7819.1250.
Sec. 1.29. Abandoned and Unusable Facilities.
Subd.1. Discontinued Operations. A registrant who has determined to discontinue all or a portion of
its operations in the City must provide information satisfactory to the City that the registrant's obligations
for its facilities in the right-of-way under this chapter have been lawfully assumed by another registrant.
Subd. 2. Removal Any registrant who has abandoned facilities in any right-of-way shall remove it
from that right-of-way if required in conjunction with other right-of-way repair, excavation, or
construction, unless this requirement is waived by the City.
Sec.1.30. Appeal.
A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has
had permit revoked; or (4) believes that the fees imposed are invalid, may have the denial,
revocation, or fee imposition reviewed, upon written request, by the City Council. The City
Council shall act on a timely written request at its next regularly scheduled meeting. A decision
by the City Council affirming the denial, revocation, or fee imposition will be in writing and
supported by written findings establishing the reasonableness of the decision.
Sec.1.31. Severability.
If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect
the validity of the remaining portions thereof. Nothing in this chapter precludes the City from requiring a
franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein.
17
SAMPLE APPLICATION FOR RIGHT-OF-WAY PERMITS
RESTORATION OF RIGHT-OF-WAY
STANDARD PLATES
20
CITY OF ALBERTVILLE
.10 WRIGHT COUNTY, MINNESOTA
ORDINANCE 2004-08
!I
AN ORDINANCE REQUIRING THE ESTABLISHMENT OF AN ESCROW TO SECURE THE
INSTALLATION OF REQUIRED IMPROVEMENTS FOR NEW RESIDENTIAL CONSTRUCTION
The City Council of the
City of Albertville, Minnesota, hereby ordains as follows:
1. Prior to the issuance of a final certificate of occupancy for any newly -constructed residential
dwelling, the person or entity requesting the certificate of occupancy shall have complied
with one of the following requirements:
a. Installed all improvements to the property upon which the dwelling is located as
required by City of Albertville Zoning Ordinance Sections 1000.7(b) and 1200.4(h),
the Residential Development Standards as on file with the City Administrator's
Office, all individual lot requirements contained in any applicable Developer's
Agreement, and the requirements of City of Albertville Ordinance No. 2003-14
(Sump Pump Discharge Ordinance); or
b. i) Provides the City with a cash escrow in accordance with the fee schedule; and ii)
enters into an escrow agreement with the City to install the improvements required in
paragraph 1 a. of this Ordinance by a date certain as specified by the City Engineer,
which agreement provides the City with the authority to enter upon the property to
install said improvements using the money placed in escrow in the event the
improvements are not installed by the date determined by the City Engineer; and iii)
provides and maintains adequate erosion control measures as determined by the City
Engineer until such time as all improvements required of the property pursuant to
paragraph l a of this ordinance have been installed. Said escrow amount may be
modified from time to time by City Council resolution.
2. The building permit applicant shall provide the city with an as -built survey to be reviewed
by the City Engineer, unless otherwise determined by the City that the City Engineer, at a
fee reflected in the fee schedule, shall perform the survey.
3. Within thirty days of certification by the City that all required improvements have been
satisfactorily installed, said escrow amount shall be refunded without interest to the person
or company depositing such escrow with the City.
4. All persons or entities requesting a certificate of occupancy pursuant to paragraph lb.of this
ordinance shall pay the City a non-refundable inspection compliance fee in accordance with
the fee schedule for the processing of the escrow and escrow agreement, for one compliance
inspection, and for the cost of reviewing the "as -built" survey by the City Engineer. If a
second compliance inspection is required, the person or entity requesting the certificate of
occupancy shall pay re -inspection fees in accordance with the fee schedule prior to the
performance of the second compliance inspection. If a second "as -built" survey is required,
21
the person or entity requesting the certificate of occupancy shall pay a resurvey fee in
accordance with the fee schedule prior to the performance of the second "as -built" survey.
Said inspection compliance fee, re -inspection fees and resurvey fee may be modified from
time to time by resolution of the City Council.
5. This ordinance shall apply to all residential dwelling units with the City, which have not
received a final certificate of occupancy at the time this ordinance becomes effective.
6. The City requires that the Developer post a cash escrow to pay for the City's costs of
processing the Developer's proposed plat and EAW, and permit the City to draw upon said
escrow to pay for said processing expenses as stated in the Escrow Agreement.
7. Ordinance No. 2003-15 is hereby repealed.
This ordinance shall be effective upon its passage and publication in the official newspaper of the
City.
Passed this day of, 2004.
Mayor
ATTEST:
City Clerk
22
Escrow Fees
Fee per Tree 250
Fee for Sod 2500
Fee for Administration of Escrow 75
Compliance fee Engineer does survey 275
Compliance fee Engineer reviews survey 175
Re -inspection fee 50
Survey/Resurvey Fee 200
Landscape reinspection fee 25
Survey Review Fee 100
Fees to be escrowed are Fee for Sod, Trees, Admin of escrow.
Compliance fees and reinspection fees are due with permit.
23
MEMORANDUM
TO: STAFF ORDINANCE MEETING
FROM: BRIDGET MILLER
SUBJECT: PEDDLER / SOLICITOR ORDINANCE
DATE: SEPTEMBER 9, 2004
Problem Statement: This fall the City was approached by a company that wanted to canvass in the
City of Albertville and our ordinance did not address this issue. We have been getting a number of
calls from residents regarding peddlers going door-to-door.
Options to correct the problem: 1) Adopt an ordinance which allow canvassers and further
identifies a canvasser the criteria for being a canvasser; and allows youth (i.e.; girl scouts, cub
scouts, and school fundraisers), which was never addressed in the past.
Pros: To bring our ordinance up to date and to charge a fee for the License and/or Permit for
soliciting or peddling:
Cons: Increased amounts might not be popular, otherwise minimal cons.
Recommendation: Revisit the peddler/solicitor ordinance.
Cost: Minimal cost
24
CITY OF ALBERTVILLE
40 COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2004-xxx
AN ORDINANCE AMENDING THE ORDINANCE(S) TITLED
"AN ORDINANCE REGULATING PEDDLERS AND SOLICITORS,
REQUIRING LICENSES PROVIDING A PENALTY FOR
VIOLATIONS THEREOF"
PEDDLERS; SOLICITORS and TRANSIENT MERCHANTS
DIVISION 1. GENERALLY
Sec. 1.1 Definitions
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Canvasser means any person canvassing for funds door-to-door in the city on behalf of a
charitable, religious or nonprofit organization as defined in Internal Revenue Service
Code section 501(c)(3). (Supreme Court Ruling — First Amendment)
Peddler means any person with no fixed place of business dealing in the city who travels
around from place -to -place, or street -to -street, carrying or transporting goods, or
soliciting for all manner of wares, services and merchandise, offering such wares,
service or merchandise for sale or making sales and delivering articles to purchasers.
Solicitor means any person who goes from place -to -place and/or house -to -house
soliciting or taking or attempting to take orders for the purchase of any food, wares or
merchandise, including magazines, books, periodicals or personal property of any nature
whatsoever for delivery in the future, or orders for the performance of a service in or
about the home or place of business, such as furnace cleaning, roof repair or
blacktopping.
Transient merchant means any person, whether as principal, employee or agent, who
engages in, does, or transacts any temporary or transient business in the city, either in
one locality or traveling from place -to -place in the city, selling goods, wares, and
merchandise, and who, for the purposes of carrying on such business, hires, leases,
occupies or uses a building, structure, vehicle, property, or other place for the exhibition
and sale of such goods, wares, and merchandise.
25
Sec.1.2 Purpose of article
The purpose of this article is to establish regulations and licensing requirements for any
person, whether a resident of the city or not, desiring to conduct business that is not of a
permanent nature.
Sec.1.3 Exemptions
(a) The city clerk may determine that certain business activities that may have
characteristics similar to those regulated by this article may be exempt from the
requirements of this article. Examples include:
(1) A solicitor or canvasser doing business by appointment. A bona fide
appointment is one that is not merely obtained by going door-to-door in
conjunction with the taking of orders, offering for sale or selling.
(2) Solicitation of orders for future door-to-door delivery of newspapers.
(3) Representatives of non-profit, charitable, political, educational or religious
groups, that registers with the city clerk. No fee is required to so register.
(4) Canvasser who solicits orders within the state, which orders are filled at a later
date with goods yet to be shipped from any state or locale other than the State
of Minnesota.
(5) Any person selling or peddling the products of the farm or garden occupied
and cultivated by such person.
(6) All vendors involved in the following community events: Fourth of July
celebration, Community Festival, Wright County Fair, Business Expo, Girl
Scouts, Boy Scouts, Fire Department and any other community event or fund
raisers the city council deems exempt.
(7) Garage sales, rummage sales, and craft sales.
(b) This article does not apply to any organization, society, association or corporation if
such organization is registered with the secretary of state pursuant to the provisions of
Minn. Stats. § 309.51 if such organization desires to solicit or have solicited in its
name money, donations of money or property or financial assistance of any kind, or
desires to sell or distribute any item of literature or merchandise for which a fee is
charged or solicited from persons other than members of such organizations upon the
streets, in office or business buildings, by house -to -house canvass or in public places.
To qualify for this exemption, the organization or individual shall provide a sworn
statement in writing on a form furnished by the city which shall include the following
information:
(1) The name and purpose of the cause for which the license is sought.
(2) The names and addresses of the officers and/or directors of the organization.
(3) The period during which the solicitation is to be conducted.
Sec.1.4 Duration
No business solicitation permitted between the hours 4:00 p.m. to 9:00 a.m.
26
DIVISION 2. RESTRICTIONS
Sec.2.1 Prohibited practices.
(a) Unlawful purpose. It is unlawful for any solicitor to engage in solicitation for any
unlawful purpose.
(b) Refusal to leave. It is unlawful for any solicitor to refuse to leave the premises of a
solicitee when requested by the solicitee to do so.
(c) Permit unobtained. It is unlawful for any person to engage in business solicitation
without first obtaining a permit therefore as provided in this article.
(d) Registration unobtained. It is unlawful for any person to engage in contribution
solicitation without first completing the registration as provided in this article.
(e) Fraudulent or deceptive practices. It is unlawful for any solicitor to engage in any
fraudulent or deceptive solicitation practices.
(f) Violations of council conditions. It is unlawful to violate any conditions placed upon a
business solicitation permit by the council.
Sec.2.2. Duties of police.
It shall be the duty of any police officer of the city to require any person seen peddling or
engaging in like activities, and who is not known to such officer to be duly licensed, to
produce his license and to enforce the provisions of this article against any person when in
violation of this article.
Sec.2.3. Transient merchants
(a) Operation on public property. It shall be unlawful for any transient merchant to sell or
■
offer for sale any goods, wares, or merchandise on any public lands or public right-of-
way within the city.
(b)
Operation on private property. No transient merchant shall sell or offer for sale any
goods, wares, or merchandise within the city from a stationary location on private
property at any location where such sales would not be permitted by the Zoning
Ordinance, or without first obtaining the written consent of the property owner or
occupant. The written consent must accompany the license application.
(c)
Space for off-street parking and display of merchandise. The space used by the transient
merchant, including off-street parking in connection therewith, shall not exceed the
space needed for the existing business at the site; and, in any case, the merchandise
displayed shall not occupy more than 100 square feet.
(d)
Overnight storage. No overnight storage of transient merchant equipment or
merchandise shall be permitted.
(e)
Signs. No signage shall violate the provisions of this Code relating to size and number of
business signs.
27
iSec.2.4 Noise
No license holder under this article, or any person in his behalf, shall shout, blow a horn,
ring a bell or use any sound devices upon any of the streets, alleys, parks, or other public
places of the city or upon any private premises in the city.
Sec.2.5. Posting of placard prohibiting peddlers, canvassers and solicitors
(a) Any resident of the city who wishes to exclude peddlers, canvassers or solicitors from
premises occupied by the resident may place upon or near the usual entrance to such
premises a printed placard or sign bearing the following notice: "Peddlers and Solicitors
Prohibited." No peddler, canvasser or solicitor shall enter in or upon any premises, or
attempt to enter in or upon any premises, where such a placard or sign is placed and
maintained.
(b) Violation of this section shall result in the revocation of a duly issued license.
•
DIVISION 3. LICENSE
Sea.3.I. Required
It shall be unlawful for any person to engage in the activity of peddling, soliciting, or
transient selling without first having obtained a license in compliance with the provisions of
this division. A separate license shall be secured for each individual person engaged as a
peddler, solicitor or transient merchant.
Sec.3.2. Application
The application for the license provided for in this division shall be made to the city clerk by
filing the annual license fee and by completing an application form as provided by the city
clerk. In addition to such information as the city clerk may require, the application shall
include:
(1) The name of the applicant and all persons associated in business in the city.
(2) The permanent home address and full local address of the applicant, and the permanent
and local telephone numbers of the applicant.
(3) A brief written description of the nature of the business, the goods to be sold, and the
applicant's method of operation.
(4) If employed, the name and address of the employer, together with credentials
establishing the exact relationship.
(5) The length of time during which the applicant intends to do business in the city, with
the approximate dates.
(6) The place where the goods or property proposed to be sold, or orders taken for the sale
thereof, is manufactured or produced, where such goods or products are located at the
time the application is filed, and the proposed method of delivery.
1
28
(7) A photograph identification of the applicant(s).
(8) A statement as to whether or not the applicant or the person managing the business has
been convicted of any crime, misdemeanor or violation of any municipal ordinance,
involving activities licensed under this article, the nature of the offense and the
punishment or penalty assessed therefore.
(9) If a vehicle is to be used, a description of the vehicle, together with the license number
or other means of identification.
(10) A statement of the nature, character, and quality of the goods, wares, or merchandise to
be sold or offered for sale by the applicant, the invoice value and quality of such
goods, wares, and merchandise, and whether the goods, wares and merchandise are
proposed to be sold from stock in possession or by sample, at auction, by direct sale, or
by taking orders for future delivery.
(11) A brief statement of the nature, character, and contents of the advertising done or
proposed to be done in order to attract customers (samples may be requested).
(12) Credentials from the person for which the applicant proposes to do business,
authorizing the applicant to act as such representative.
(13) For transient merchants, the addresses of all places where the business is to be located,
along with written consent of the owners or occupants.
Sec.3.3. Restrictions on issuance to transient merchants
(a) Off-street parking required. No license for a transient merchant shall be issued for sales
• from any location, which does not have sufficient parking for customers and for areas
where customer parking would interfere with normal traffic flow. The director of
planning must determine that there is adequate off-street parking to serve both the
principal use of the property and the transient merchant use of the property.
(b) Location near intersection. No transient merchant license shall be issued, and no sales
shall take place, if the proposed location for transient merchant sales is within 150 feet
of any intersection.
(c) Duration of sales. No transient merchant license shall be issued for more than 365 days,
during which sales shall be limited to 30 days. At the time of the application for the
transient merchant license, the applicant shall state the times within the license period to
be used by the applicant.
Sec.3.3. Fee; term
The license fee for engaging in a transient business, peddling, or soliciting shall be
established by resolution by the city council and shall be paid at the time of application for a
license.
Sec.3.4. Unlawful use
29
No license issued under the provisions of this division shall be used at any time by any
person other than the one to whom it is issued.
Division 4. Revocation of Permit
The Council may revoke any peddler's or solicitor's permit only upon a showing of cause
at a public hearing after the permitee has received timely notice thereof and has an
opportunity to examine all witnesses in support of revocation of his or her permit and the
opportunity to examine all witnesses in support or revocation of his or her permit and the
opportunity to present witnesses on his or her behalf. Notice may be given in the same
manner as that prescribed for service of process under the Minnesota Rules of Civil
Procedure for the District Courts.
Division 5. Violation a Misdemeanor
Every person violates a section, subdivision, paragraph or provision of this ordinance when
such person performs an act thereby prohibited or declared unlawful, or fails to act when
such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall
be punished as for a misdemeanor, except as otherwise stated in specific provision hereof,
or upon conviction thereof shall be punished by a fine of not more than $1,000.
Division 6. Effective Date
1992 CityCode Chapter 604 is hereby repealed. This ordinance shall take effect and be in
p Y eP
full force from and after its passage and publication.
Passed by the City Council of the City of Albertville this day of 2004.
•
1
30
ORDINANCE NO.2004 -
AN ORDINANCE LICENSING AND REGULATING THE SALE
AND CONSUMPTION OF INTOXICATING LIQUOR, REPEALING
INCONSISTENT ORDINANCES, AND PROVIDING A
PENALTY FOR VIOLATION.
The City Council of the City of Albertville, Minnesota ordains:
Section 1(a). Provisions of State Law Adopted. The provisions of Minnesota Statues Chapter
340A, in all Sections are adopted and made a part of this ordinance as if set out in full.
Section 1(b). Hours and Days of Sale. No sale of intoxicating liquor or 3.2 percent malt liquor
for consumption on the licensed premises may be made:
(1) between 2:00 A.M. and 8:00 A.M. on the days Monday through Saturday;
(2) between 2:00 A.M. and 10:00 A.M. on Sundays.
Section 1(c). Intoxicating Liquor; Off -Sale. No sale of intoxicating liquor or 3.2 percent malt
liquor may be made by an off -sale licensee:
(1) on Sundays;
(2) before 8:00 a.m. on Monday through Saturday;
(3) after 10:00 p.m. on Monday through Saturday;
(4) on Thanksgiving Day;
(5) on Christmas Day, December 25; or
(6) after 8:00 p.m. on Christmas Eve, December 24.
Section 2. License Required.
Subdivision 1. General Requirement. No person, except a wholesaler or
manufacturer to the extent authorized under state license, shall directly or indirectly deal in,
sell, or keep for sale in the city any intoxicating liquor or 3.2 percent malt liquor without a
license to do so as provided in this ordinance. Liquor licenses shall be of seven (7) types:
intoxicating liquor "on -sale", temporary intoxicating liquor "on -sale", 3.2 percent malt
liquor "on sale ", Sunday "on- sale", intoxicating liquor "off -sale" and 3.2 percent malt
liquor "off sale' ; "on -sale " wine license.
•
31
Subdivision 2. On -sale Intoxicating Liquor Licenses. "On -sale" intoxicating
liquor licenses may be issued only to hotels, clubs, restaurants, and exclusive liquor stores,
and shall permit "on -sale" of liquor only.
Subdivision 3. On sale 3.2 Percent Malt Liquor Licenses. "On -sale 3.2 percent
malt liquor licenses may be issued to bona fide clubs, restaurants and hotels where food is
prepared and served for consumption on premises only.
Subdivision 4. Sale of Intoxicating Liquor Outdoors The sale of intoxicating
liquor by a holder of a retail on -sale liquor licenses issued by the City
may occur outdoors, subject to the following regulations:
(a) No intoxicating liquor is to be served outside between the
hours of 12:00 a.m. and 8:00 a.m.
(b) The area designated for the dispensing and consuming of
intoxicating liquor shall be enclosed by a fence with access
into the designated area allowed only via the principal
building located on the property, unless a different controlled
access is approved by the City.
i
(c) No live musical performances shall be allowed in the
designated areas without specific approval by the City.
(d) Music or other entertainment in the designated area shall
cease at 11:59 p.m. on Friday and Saturday and at 10:00
p.m. on all other nights.
(e) Any other reasonable conditions required by the City.
Subdivision 4. Outdoor Areas. An on -sale intoxicating liquor licensee whose license
permits the on -sale of alcoholic beverages on a licensed premises shall be permitted to sell, serve
and allow consumption of alcoholic beverages in an outdoor area, provided the following conditions
are met:
(a) The outdoor area is immediately adjacent to the building or structure comprising the
remainder of the licensed premises and such outdoor area is specifically described as
part of the licensed premises in the approved license application;
(b). The outdoor area is completely enclosed by a fence or other barrier preventing any
external ingress or egress from the area, except for an exit usable in the event of
emergencies, which will be controlled by a mechanical device or lock approved by
the City's Building Official permitting controlled egress from the enclosed area.
32
i(c) Access to the outdoor area is available only through the interior portion of the
licensed premises, other than as permitted in clause (b) above;
(d) No bars or pass -through windows shall be permitted in the outdoor area;
(e) There shall be no music broadcast or played in or into the outside area after 11:00
p.m., except on days for which the Licensee has obtained a special permit on which
there shall be no music broadcast or played in the outside area between 12:00
midnight and 8:00 a.m. following; provided further that in all events there shall be no
music audible off the property nor exterior lighting which casts direct light off the
premises;
(f) No alcoholic beverages shall be served after 11:45 p.m. nor consumed after 12:00
midnight in the outside area, except as provided by clause (i) below.
(g) The outside area shall be compact in size and shall not exceed an area as may be
considered reasonable by the City Council, considering the physical lay -out of the
building or structure, the area to be enclosed, the nature and design of the enclosing
material, the visual and noise impact on the surrounding neighborhoods, and the
effect on the property values of surrounding neighborhoods; and
(h) Construction according to safety and design requirements of the City's Building
Official, and if requested, the licensee shall furnish plans prior to construction of the
enclosed area, including the enclosing material.
(i) Alcoholic beverages may be served between 12:00 and 1:00 a.m. on days for which
the Licensee has received a written Special Event Permit from the City Council. No
alcoholic beverages shall be sold or served during hours when the sale is prohibited
by Minnesota Statutes Section 340A.504 or any successor statute. A Special Event
Permit shall not exceed a period of three consecutive days nor shall any Licensee
receive more than six (6) Special Event Permits in any one calendar year. The
application for a Special Event Permit shall be made on a form approved by the
Clerk/Administrator.
Subdivision 5. 'Temporary Intoxicating Liquor On -sale Licenses. Subject to the
approval of the commissioner of public safety, temporary on -sale licenses shall be issued
only to clubs or charitable, religious, or other non-profit, organizations in existence for at
least three years. A temporary license authorizing the on -sale of intoxicating liquor in
connection with a social event within the city sponsored by the licensee and subject to
restrictions imposed by the state liquor act.
Subdivision 6. Intoxicating Liquor Off -sale Licenses. Off -sale licenses shall be
issued only to exclusive liquor stores and shall permit off -sales of liquor only.
•
33
Subdivision 7.3.2 Percent Malt Liquor Off -sale Licenses Off -sale 3.2 percent malt
liquor license may be issued to general food stores and drug stores and permit the sale of
3.2 percent malt liquor at retail in the original package for consumption off premises.
Subdivision 8. Special License for Sunday Sales. A special license authorizing
sales on Sunday in conjunction with the serving of food may be issued to any hotel,
restaurant, or club which has facilities for serving at least 30 guests at one time, and which
has an on -sale license.
Subdivision 9.On Sale Wine Licenses. On -sale wine licenses shall be issued only to
restaurants meeting the qualifications of Minnesota Statutes Section 340A.404, Subdivision
5, or any successor statute and shall permit only the sale of wine not exceeding fourteen (14)
percent alcohol by volume, for consumption on the licensed premises only, in conjunction
with the sale of food.
Subdivision 10.Obtaining a 3.2 Malt Liquor License with an On Sale Wine
License. On sale wine license holders whose gross receipts are at least 60% attributable to
the sale of food shall be allowed to sell non -intoxicating malt liquors at on sale by obtaining
an on -sale license to sell 3.2% malt liquors (non -intoxicating malt liquors).
Subdivision 11. Temporary 3.2 Percent Malt Liquor License. Notwithstanding other
licensing requirements for 3.2 percent malt liquor, the Council of the City of Albertville, upon
proper application, may in its discretion grant limited licenses to sell 3.2 percent malt liquor "on -
sale" to bona fide clubs which meet the definition of Minnesota Statutes, Section 340A.101, Subd. 7
or any successor statute. Unless waived by the Council, such limited licenses shall not exceed a two
two -week period per event, and shall require a payment of $ ($10.00 currently) per day
to the general fund of the City, which amount may be modified by the City Council at any time by
resolution. The premises from which said non -intoxicating malt liquor shall be dispensed, the hours
of operation, and the exact day or days for which the limited license is requested, shall be accurately
described in the application. Provided, however, that the hours of operation must conform to
Minnesota Statutes, Section 340A.504 Subd 1 or any successor statute. The Council may, in its
discretion, require such restrictions on the limited license, as it deems necessary. No more than six
such licenses may be issued in any one-year to any one of said bona fide clubs.
Section 3. Application for License.
Subdivision 1. Form. Every application for a license to sell liquor shall state the
name of the applicant, his age, representations as to his character (with such references as
the Council may require), his citizenship, the type of license applied for, the business in
connection with which the proposed license will operate and its location, including a scaled
drawing depicting the building area where liquor will be served, whether the applicant is
• owner and operator of the business, how long he has been in that business at that place, and
such other information as the Council may require from time to time. Every application
■
34
shall also include a copy of each summons received by the applicant, under Mmnesota
Statutes Section 340A.802 or any successor statute during the preceding year. In addition to
containing such information, the application shall be in the form prescribed by the bureau of
criminal apprehension and shall be verified and filed with the City Clerk. No person shall
make a false statement in an application.
Subdivision 2. Financial Responsibility. No liquor license may be issued,
maintained, or renewed unless the applicant demonstrates proof of financial responsibility as
defined in Minnesota Statutes Section 340A.409 or any successor statute with regard to
liability under the statutes, Section 340A.801. Such proof shall be filed with the
commissioner of public safety. Any liability insurance policy filed as proof of financial
responsibility under this subdivision shall conform to Minnesota Statutes Section 340A.409.
Subdivision 3. Approval of Security. The security offered under Subdivision 2
shall be approved by the City Council and in the case of applicants for "off -sale" licenses,
by the state commissioner of public safety. Liability insurance policies required by this
ordinance but not by state law shall be approved as to form by the City Attorney. Operation
of a licensed business without having on file with the City at all times proof of financial
responsibility as required in Subdivisions 2 is a cause for revocation of the license.
Section 4. License Fees.
Subdivision 1. Fees. The annual fee for a liquor license shall be $2,800.00 for an
intoxicating liquor "On -sale" license, $ for a temporary intoxicating liquor "on -sale"
liquor license, $100.00 for a 3.2 percent malt liquor "On -sale " license, $100.00 for an
intoxicating liquor "off -sale" liquor license, $50.00 for a 3.2 percent malt liquor "off -sale"
liquor license, $200 for special license for Sunday liquor sales, and $100 for an "on -sale"
wine license; $200.00 for a special Sunday intoxicating liquor on -sale liquor license. These
fees may be changed from time to time by resolution of the City Council.
Subdivision 2. Payment. Each application for a license shall be accompanied by a
receipt from the city clerk for payment of one half of the fee for the "on -sale" licenses and
payment in full for the "off -sale" license. All fees shall be paid into the general fund. If an
application for a license is rejected, the City Clerk shall refund the amount paid as the
license fee less any charges for administrative fees.
Subdivision 3. Term; Pro Rata Fee. Each license shall be issued for a period of one
year except that, if the application is made during the license year, a license may be issued
for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being
counted as one month. Every license shall expire on the 14th day of April.
.Subdivision 4. Refunds. No refund of any fee shall be made except as authorized by
statute
35
0 Section 5. Granting of Licenses.
Subdivision 1. Preliminary Investigation. Application shall be made on a form
prescribed by the state bureau of criminal apprehension and with such additional
information as the council may require If the council deems it in the public interest to have
an investigation made on a particular application for renewal of an on -sale license, it shall so
determine. In any case, if the council determines that a comprehensive background and
financial investigation of the applicant is necessary, it may conduct the investigation itself or
contract with the bureau of criminal investigation for the investigation. No license shall be
issued, transferred, or renewed if the results show to the satisfaction of the council that
issuance would not be in the public interest. If an investigation outside the state is required,
the applicant shall be charged the cost, not to exceed $10,000, which shall be paid by the
applicant. The fee shall be payable by the applicant whether or not the license is granted.
Subdivision 2. Hearing and Issuance. The City Council shall investigate all facts
set out in the application and not investigated in the preliminary background and financial
investigation pursuant to Subdivision 1. Opportunity shall be given to any person to be
heard for or against the granting of the license. After the investigation and hearing, the
council shall, in its discretion, grant or refuse the application. No "off -sale" license shall
become effective until it, together with the security furnished by the applicant, has been
approved by the commissioner of public safety.
Subdivision 3. Person and Premises Licensed; Transfer. Each license shall be
issued only to the applicant, and for the premises described in the application. No license
may be transferred to another person or place without City Council approval. Any transfer
of stock of a corporate licensee is deemed a transfer of the license, and a transfer of stock
without prior council approval is a ground for revocation of the license.
Section 6. Persons Ineligible for License. No license shall be -granted to any person made
ineligible for such a license by state law. Not more than one intoxicating liquor license shall
be directly or indirectly issued within the city to any one person.
Section 7. Places Ineligible for License.
Subdivision 1. General Prohibition. No license shall be issued for any place or any
business ineligible for such a license under state law.
Subdivision 2. Delinquent Taxes and Charges. No license shall be granted for
operation on any premises on which taxes, assessments, or other financial claims of the city
are delinquent and unpaid.
Section 8. Conditions of License.
36
;7
Subdivision 1. In General. Every license is subject to the conditions in the
following subdivisions and all other provisions of this ordinance and of any other applicable
ordinance, state law, or regulation.
Subdivision 2. Insurance. Compliance with financial responsibility requirements of
state law and of this ordinance is a continuing condition of any license granted pursuant to
this ordinance.
Subdivision 3. Licensee's Responsibility. Every licensee is responsible for the
conduct in the licensed establishment, and any sale of alcoholic beverages by any employee
authorized to sell such beverages in the establishment is the act of the licensee.
Subdivision 4. Inspections. Every licensee shall allow any peace officer, health
officer, or properly designated officer or employee of the city to enter, inspect, and search
the premises of the licensee during business hours without a warrant.
Subdivision 5. Display During Prohibited Hours. No "on -sale" establishment
shall display liquor to the public during hours when the sale of liquor is prohibited.
Section 9. Restrictions on Purchase and Consumption.
Subdivision 1. Liquor in Unlicensed Places. No person shall mix or prepare liquor
for consumption in any public place or place of business unless it has a license to sell liquor
"on -sale" or a permit from the commissioner of public safety under Minnesota Statutes
Section 340A.414 and no person shall consume liquor in any such place.
Subdivision 2. Consumption in Public Places. No person shall have on his person
while in a private motor vehicle upon a public highway, any bottle or receptacle containing
liquor which has been opened, or the seal broken, or the contents of which have been
partially removed. The owner of a private motor vehicle or the driver, if the owner is not
present, shall not keep or allow to be kept in a motor vehicle upon a public highway any
other bottle or receptacle containing liquor unless it is kept in the trunk of the motor vehicle,
or, if the vehicle has no trunk in some other area of the motor vehicle not normally occupied
by the driver or passengers.
Subdivision 3. Restricted Hours of Operation. No person other than a licensee's
bona fide employees actually engaged in performance of their duties shall be in the licensed
premises more than thirty-five (35) minutes after the time when a sale can legally occur. The
licensee's employees shall not be in the licensed premises more than seventy-five (75)
minutes after the time when a sale can legally occur. No person shall be in the licensed
premises until 4:00 a.m. next following the closing. These provisions shall not apply to any
37
separate part or the premises which are open to the general public for business purposes
unrelated to the sale of intoxicating liquor, wine or non -intoxicating liquor.
Subdivision 4. Consequences for Violation of this Section. Anyone, including the
licensee, patrons of the licensee, or employees of the licensee, who violates this section is
guilty of a misdemeanor. Any licensee in whose establishment a violation of this section
occurs is guilty of a misdemeanor. Any employee who allows a patron to remain on the
licensed premises in violation of this section is guilty of a misdemeanor.
Section 10. Suspension and Revocation. The council shall either suspend for up to 60 days
or revoke any liquor license, or impose a civil fine not to exceed $2,000, for each violation
upon fording that the licensee has failed to comply with any applicable statute, regulation, or
ordinancerelating to alcoholic beverages. Except in cases of failure of financial
responsibility no suspension or revocation shall take effect until the licensee has been
afforded an opportunity for a hearing pursuant to Minnesota Statutes Sections 14.57 to
14.70 of the administrative procedure act.
Lapse of required dram shop insurance or bond, or withdrawal of a required deposit
of cash or securities, shall effect an immediate suspension of any license issued pursuant, to
this ordinance without further action of the city council. Notice of cancellation, lapse of a
current liquor liability policy or bond, or withdrawal of deposited cash or securities shall
also constitute notice to the licensee of the impending suspension of the license. The holder
of a license who has received notice of lapse of required insurance or bond, or withdrawal of
a required deposit, or of suspension or revocation of a license, may request a hearing
thereon and if such a request is made in writing to the clerk a hearing shall be granted within
10 days or such longer period as may be requested. Any suspension under this paragraph
shall continue until the city council determines that the financial responsibility requirements
of this ordinance have again been met.
Section 11. Penalty. Any person violating any provision of this ordinance is guilty of a
misdemeanor and shall be punished pursuant to the applicable State statute regarding
misdemeanor penalties as may be amended from time to time, plus the cost of prosecution.
Section 12. Repeal. The following ordinances are hereby repealed:
1. Ordinance No. 2, adopted March 15, 1934, and entitled An Ordinance Licensing and
Regulating the Sale of Intoxicating Liquor and Providing a Penalty for Violation
thereof.
2. Ordinance No.1975-2, adopted January 20, 1975, and entitled An Ordinance
Amending Ordinance No. 2, adopted March 15, 1934, and entitled an Ordinance
Licensing and Regulating the Sale of Intoxicating Liquor and Providing a Penalty for
Violation thereof.
U-11
3.
Ordinance No. 1981, entitled City of Albertville Ordinance Concerning Limited
Licenses for Bona Fide Clubs.
4.
Ordinance No. 1989-11, entitled An Ordinance Regulating the Hours of Operation of
Intoxicating Liquor Licenses (On -Sale and Off -Sale) and Providing a Penalty for
Violation Thereof.
5.
Ordinance No. 1989-20, adopted December 18, 1989, entitled An Ordinance
Establishing License Fees for Retail Sale of Alcoholic Beverages.
6.
Ordinance No. 1993-16, entitled An Ordinance Licensing and Regulating the Sale
and Consumption of Intoxicating Liquor, Repealing Inconsistent Ordinances, and
Providing a Penalty for Violation.
7.
Ordinance No. 1995-15, adopted November 6, 1995, entitled An Ordinance
Amending the City's Liquor Ordinance #1993-16.
8.
Ordinance No. 1998-5 adopted July 6, 1998, entitled An Ordinance Establishing the
time During Which Persons Are Permitted in Licensed Liquor Establishments.
9.
Ordinance No. 2003-02 adopted February 3, 2003, entitled An Ordinance Amending
The City's Liquor (Ordinance #1993-16).
10.Ordinance
No. 2003-20 adopted October 6, 2003, entitled An Ordinance Amending
Section 1, Ordinance #1993-16 (An Ordinance Licensing and Regulating the Sale
and Consumption of Intoxicating Liquor.)
11.Ordinance
No. 2003-22 entitled An Ordinance Amending Ordinance No. 1993-16 to
add a Provision Regulating the Sale of Intoxicating Liquor Outdoors.
Section 13. Effective Date. This ordinance becomes effective passage upon its a and
P P g
publication according to law.
Passed by the council this day of , 2004.
ATTEST:
Bridget Miller, City Clerk
•
Don Peterson, Mayor
Q11
MEMORANDUM
TO: LARRY R. KRUSE, CITY ADMINISTRATOR
FROM: TIM GOUMONT, STREET &PARK SUPERINTENDENT
SUBJECT: SNOW PLOWING ORDINANCE
DATE: July 21, 2004
Problem Statement: There is no current policy for plowing and maintenance of streets, trails and
sidewalks. Residents plow snow across streets; shovel snow into streets, blow snow into streets thus
creating a hazard, which sometimes causes the city to re -plow. The City needs identify who is
responsible to repair nicks in the sod and what we do with damaged mailboxes. Regarding
sidewalks and trails, the city assumes responsibility for maintaining them, and with the increased
volume of trails and sidewalks can we continue this without additional resources. Without a written
route system, staff has difficulty responding to by one street is cleaned before another.
Options to Correct the problem: 1) Establish an ordinance, which regulates how snow gets
handled in the right of way. 2) Establish an ordinance, which puts the responsibility of keeping
Is sidewalks clear of snow and ice on the homeowner. 3) Establish a written policy, which denotes
emergency snowplow routes. 4) Do nothing.
Pros: Having a written ordinance or policy would give Albertville staff direction in handling snow
removal problems consistently. When there is an accident, having an ordinance or policy can limit
the city's liability. The City Council would also understand issues when they get complaints.
Cons: City staff has to deal with some ambiguity as to how to handle some issues. Having a new
policy can result in a change in how some people have been doing things forever. Example, a
homeowner says "I have always done it this way in the past and it's never been a problem". It's
change.
Recommendation: Develop a Snow Plowing Ordinance, which does not allow residents to plow
snow across streets, shovel or blow snow into the street, or adversely pile snow as to obstruct the
view of cars at intersections and elsewhere. Regarding sidewalks, require homeowners to shovel
sidewalks less than six feet in width, with the City maintaining the trail system, which are usually
wider than sidewalks. Identify a reasonable time for homeowners to clean sidewalks such as within
24 hours of a snowfall. If the City does not want to transfer some of the snow removal on residential
sidewalks to the homeowner, then increase the resources for the city to clean them. Establish a
written policy on snow emergency routes, which would be a priority to clean.
Attached: 1) Ordinance relating to snow removal and providing a penalty for violation thereof. 2)
An Ordinance relating to removal of snow and ice on sidewalks and walking paths within the City
of Albertville.
40
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 2004 — 0?
AN ORDINANCE RELATING TO SNOW REMOVAL,
REPEALING ORDINANCE NO. 1985-04,
REPEALING ORDINANCE NO. 1988-1,
REPEALING RESOLUTION NO. 1997-9
PROVIDING A PENALY FOR VIOLATION THEREOF
The City Council of the City of Albertville, Minnesota ordains:
Section 1. Prohibition
Parking is prohibited on any City street from 2:00 — 6:00 a.m. from
November 1 st to March 31 st.
No person shall park or leave standing any vehicle upon any street in the
City of Albertville after a snowfall of two (2) inches or more, nor upon
any street which is covered or has deposited on it two (2) inches of snow
or more, until the snow from any such street has been removed or
plowed, except that parking or leaving standing any vehicle in that part
of any street right-of-way designated as a "parking lot" or "commuter
parking area" bythe City and posted by appropriate signs shall be
permitted. The official depth for the purpose of this Ordinance shall be
determined by the Mayor or any other City official duly designated in a
resolution of the City Council, whose decision shall be final and not
subject to appeal. In case any vehicles or other obstructions are parked
or left standing on the street of this Ordinance, said vehicle or vehicles
may be removed by or under the direction of any police office, or by or
under the direction of any policy officer or City employee. Removal of
the vehicle by or under the direction of a police officer or City employee
shall not prevent prosecution under this Ordinance. Within seventy-two
(72) hours from the time of removal of any vehicle, notice of the removal
or impounding, or both, together with the designation of the pound, shall
be given by the policy office or City employees to the owner of record of
such vehicle. Such notice may be made in person or by telephone, when
possible, and if not possible, by letter.
Section. 2. Definitions
41
For the purpose of this Ordinance, the word "vehicle" shall mean any devise in, upon or by
which any person or property is or may be transported or drawn upon a street or highway,
including but not limited to motor vehicles and trailers.
Section 3. Repeal
Ordinance No. 1985-4, Ordinance No. 1988-1 and Resolution No. 1997-9 is repealed.
42
SNOW PLOWING AND ICE CONTROL POLICY
(Revised 3 / 8 / 97)
l . DETERMINATION OF NEED AND INTRODUCTION:
The City of Albertville had determined that it is in the best interest of the residents for
the City to assume basic responsibility for control of snow and ice on the streets under
the jurisdiction of the City. Appropriate snow and ice control is necessary for
emergency services, as well as routine travel Providing this service in a cost-effective
manner is a discretionary decision of the City Council. The City will use City
employees, equipment and / or contract services as deemed appropriate to provide this
service. Therefore, this policy is needed to provide direction for these operations and
guidelines for employees and residents based upon available resources.
The City of Albertville has approximately thirty-one plus (31+) miles of streets under its
jurisdiction. This policy is intended to provide guidelines for snow and ice control
operations for streets under the City's jurisdiction. The sidewalks on Main Avenue
(from County Road 37 to 5& Street), 50t' Street_(from Barthel Industrial Drive to Main
Avenue), 53'd Street (from Main Avenue to Lachman Avenue) and 57' Street (from
Main Avenue to County Road 19) are also covered under this policy.
2. COMMENCEMENT OF OPERATIONS:
Snow plowing and / or ice control shall commence under the direction of the Public
Works Department Head. The PW Department Head will decide when to begin snow or
ice control operations. The PW Department Head may delegate the responsibility of
deciding when to begin snow or ice control operations at times when s/he will be
unavailable or out of the area. The criteria for the decision to begin are:
a. Snow accumulation of two (2) inches, with continual snow fall, warrants
commencement of plowing operations;
b. Drifting of snow may warrant commencement of partial or full operation, depending
on conditions;
c. Icing of pavements may also warrant partial or full operation depending upon the
extent and conditions;
d. The PW Department Head or his/her designated representative shall determine the
time to start operations and the extent of the operations.
Snow and ice control operations are expensive and involve the use of limited personnel
and equipment.
0 3. WORK SCHEDULE FOR SNOW PLOW OPERATORS:
43
Snowplow operators will be expected to work eight -hour shifts. In severe snow
emergencies, operators may have to work in excess of eight -hour shifts. However,
because of budget and safety concerns, no operator shall work more than twelve-hour
shift in any twenty-four hour period. Operators will take a fifteen -minute break every
two hours with a half-hour meal break after four hours. After a twelve-hour day, the
operators will be replaced if additional qualified personnel are available.
4. SUSPENSION OF OPERATIONS:
5.
W
Operations will continue until all roads are passable. Widening and clean-up operations
may continue immediately or on the following working day depending upon conditions
and circumstances. Safety of the plow operators and the public is important. Therefore,
snow plowing operations may be terminated after ten to twelve (10-12) hours to allow
personnel adequate time for rest. Operations may also be suspended during periods of
limited or zero visibility. Snow and / or ice control may be terminated at any time the
PW Department Head or his/her designee determine that rising temperatures, visibility
and / or the rate of accumulation make the control unsafe, ineffective, or unnecessary.
PLOW ROUTE AND SEQUENCING:
There are City streets, public sidewalks (on Main Avenue -from County Road 37 to 50th
Street, 50`h Street -from Barthel Industrial Drive to Main Avenue, 53'd Street -from Main
Avenue to Lachman Avenue, and 57t' Street -from Main Avenue to County Road 19),
public parking lots and ice rinks under the City's jurisdiction, which are affected by this
policy. Sidewalks will be cleared or cleaned by City forces ONLY after street routes are
completed. City parking lots shall be plowed and ice rinks shall be cleared by City
crews. However, they may be plowed or cleared in conjunction with street routes or
after street routes have been completed.
The PW Department Head has the responsibility of determining plow routes and
sequencing of operations and shall, from time -to -time, prepare a copy of such routs and
sequencing and file a copy in the City Administrator's office, after the plow route and
sequencing of operations plan has been approved by the City Council. The PW
Department Head shall retain the latitude to adjust sequencing or route assignments
based on storm conditions, equipment availability, and / or other conditions reasonably
warranting changes.
LEVEL OF SERVICE:
The intent of this policy is to provide safe winter driving conditions appropriate for the
type of travel necessary on City streets. The level of service described herein shall be
considered a guideline with the understanding that immediately after a storm the level of
service provided may be less that described herein and may vary across the City
depending on storm conditions and other circumstances. Therefore the City does not
guarantee the streets and sidewalks to be free of snow and ice at all times.
44
Streets shall be plowed and/or sanded to provide intersection approaches and curves to
be as safe as conditions allow. Gravel and dirt road services shall be plowed to provide
a hard packed surface with sand and/or abrasives spread as necessary for traction. A
minimum of chemicals will be used to achieve the conditions stated and to provide
workable stockpiles and/or abrasives.
During light to normal snowfalls, streets will be plowed full width as soon after the
initial pass as possible during normal working hours of forty (40) hours per week.
During heavier snowfalls, the streets hall be plowed as wide as possible initially and
widened as the storm intensity lessens. After the storm passes, clean up operations shall
begin to clear intersections and snow storage areas along corners and boulevards. It is
the City's intent to complete the initial plowing and widening operations within twenty-
four (24) hours of cessation of the storm. Clean up operations should be complete
within twenty-four (24) hours for light snowfalls and within seventy-two (72) hours for
heavy snowfalls. Major blizzards may require additional time.
When the PW Department Head determines that the level service cannot be provided by
City forces, s/he shall record the following information: _
a. Additional time required to provide desired levels of service using just City forces.
b. Additional equipment and/or manpower support required to achieve desired levels of
services.
c. Estimated number of hour's equipment and/or manpower will be required.
The PW Department Head will then take the following action:
a. Determine the availability of contractor equipment.
b. Estimate the cost of contracted services required.
c. Determine availability of funds to meet estimated costs.
d. Based on the information obtained, the PW Department Head shall determine
whether to contract for additional service or equipment, or accept reduced levels of
service.
If contracted service or equipment is secured, the PW Department Head shall provide the
City Administrator with a report including:
a. The purpose of contracting snow removal.
b. The estimated time and cost of contracted services.
45
•
U
c. The time and date the contract began.
7. PARKING RESTRICTIONS:
On -street parking is not compatible with efficient snow plowing operations. Vehicles
left parked on the street for extended periods of time create problems for snowplows, as
well as safety problems with packed snow and ice around the vehicle. Ticketing and or
towing these vehicles may occur in conformance with City ordinance. Additionally,
after large accumulations of snow, the City may find it advisable to prescribe parking
restrictions to facilitate snow plowing and clean up operations.
Parking is prohibited on any City street from 2:00 a.m. to 6:00 a.m. from
November 1 st to March 31 ".
8. PROPERTY DAMAGE:
Snow plowing and ice control operations can cause property damage even under the best
of circumstances and care on the part of the operators. The major types of damages are
to improvements in the City right-of-way, which extends approximately five (5) to
seventeen (17) feet beyond the curb locations. The intent of the right-of-way is to
provide room for snow storage, utilities, boulevard trees, sidewalks and other City uses.
However, certain private improvements, such as mailboxes, are required in this area.
Notwithstanding, mailboxes should be constructed sturdily enough to withstand snow
rolling off a plow or wing. In all events, damage to trees, shrubbery, boulevard sod,
sprinkler heads and systems, and other landscaping, and damage resulting from snow is
the responsibility of the residents and will not be considered for compensation.
9. RESPONSIBILITY OF RESIDENTS:
Snowstorms create numerous problems and inconveniences. This policy has identified
streets, sidewalks, parking lots and ice rinks that the City will clear. The residents will
also have certain responsibilities. These include clearing their own driveways and
private sidewalks, clearing area for trashcans, clearing around mailboxes and /or
newspaper delivery tubes and fire hydrants adjacent to their property. These areas
should be cleared without depositing any snow into the street. These also must not be
any large piles, which obstruct vision of driveways or walks. Trash cans must not be
placed on the street surfaces nor on sidewalks. Pipes and similar items should also not
be placed in the areas within the street surfaces or within the boulevard areas, which
would come into contact with the snow plowing operations. The City will not clear
private drives or walks.
Snow plowing can cause additional snow to be deposited in driveway approaches and
around roadside obstructions. Operators are instructed to attempt to minimize these
instances, however, it is not practical to eliminate the situation. Residents should be
aware that they may have to clear their driveways a second, or third time after their street
has been plowed.
46
Residents should also be aware that snowplows frequently will be operating in directions
contrary to the normal flow of traffic. Residents have the responsibility to observe the
operational modes of the snowplow operators.
Complaints regarding snow and ice control or damage shall be taken during normal
working hours and handled in accordance with the City's normal complaint procedure.
It should be understood that complaint responses are to ensure that the provisions of this
policy have been fulfilled and that all residents of the City have been treated uniformly.
It is the City's intention to log all comments and complaints received regarding this
policy. This policy will be reviewed periodically. Any review will consider the
comments or complaints received since the last review. The City will upgrade this
policy as necessary in consideration of the constraints of our resources. In the event of
people calling the PW Department Head, s/he should make on -site visits to the site
indicated in the complaint if the complaint is such that site visitation is indicated.
10. EXCEPTIONS TO THIS POLICY:
In the event of equipment failure, extreme snowfall or other unanticipated events
including the necessity of resting snow plow crews; deviation from these standards may
be appropriate.
47
Section 4. Penalty
Any person who violates this Ordinance is guilty of a petty misdemeanor, and shall not be
entitled to a jury trial, and upon conviction thereof is not subject to imprisonment, but shall
be punished by a fine of not more than $700.00
Section 5. Effective date
This Ordinance shall take effect and be in force from and after its passage and publication.
Adopted by the City Council, of the City of Albertville on this day of November,
2004.
Donald Peterson, Mayor
0
Bridget Miller, City Clerk
48
MEMORANDUM
DATE: AUGUST 8, 2004
TO: STAFF — ORDINANCE COMMITTEE
FROM: TIM GUIMONT
SUBJECT: DISEASE TREES
PROBLEM STATEMENT:
Although the City doesn't have many Oak or Elm trees, some trees now have diseases which could
spread and affect other healthy trees. Currently the City does not have a policy to deal with Oak
Wilt, Dutch Elm and other diseased trees.
OPTIONS:
1) Establish an forestry ordinance managing these trees.
2) Do nothing and wait until a bigger problem arises.
PROBLEM TWO:
SThe City does not have a policy on hazard trees or anything regulating boulevard trees. As these
boulevard trees grow large, the City will have to deal with them.
RECOMMENDATION:
Adopt some type of forestry ordinance which deals with diseased trees and also incorporates
something for hazard trees.
49
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 2004 - 0?
AN ORDINANCE RELATING TO DISEASED TREES
The City Council of the City of Albertville, Minnesota ordains:
Section 1. Definitions of Terms
Boulevard: The portion of the street right-of-way between the curb
dine and the property line.
Person: Any person, firm, partnership, association, corporation,
company or organization of any kind.
Public Property: All grounds owned by the City of Albertville.
Street or Highway: The entire width of every public way or right-of-
way when any part thereof is open to the use of the public, as a matter
of right, for purposes of vehicular or pedestrian traffic.
Section 2. Authority
The City Administrator shall administer the provision of this Ordinance.
a. The City Administrator may, by administrative order, assign any part of all of the duties
and responsibilities of this Ordinance to a designated department director or supervisor.
The actions of the department director or supervisor under these circumstances shall have
the same force and effect if taken by the City Administrator.
b. The City Administrator may promulgate written supplemental rules, regulations, or order
to implement the purposes, intent, polices or procedures of this Ordinance.
c. Nothing contained in this Ordinance shall be construed to prohibit the City Council, City
Administrator, or department director or supervisor from establishing rules and procedures
that are additional to, but consistent with, the provisions of this Ordinance.
Section 3. Permission Slips
No person shall engage in any of the following activated without first obtaining the required
permission.
a. Trees, shrubs and plants on public property
50
1. No person shall plant, spray, fertilize, prune, remove, cut above the ground, or
• otherwise disturb any tree, shrub or plant on any street or public property without
first filing an application and procuring a permit from the City.
2. Application Data. The application required herein shall state the number and kinds
of vegetation affected; the location, grade, species, or variety of each type of
vegetation; a description of the proposed work; and such other information as the
City Administrator shall find reasonably necessary to a fair determination of
whether a permission slip should be issued.
3. The City will issue the permission slip provided the proposed work is desirable and
the proposed method and workmanship thereof are of a satisfactory nature. Any
permission slip granted shall contain a definite date of expiration and the work shall
be completed in the time allowed on the permission slip and in the manner as therein
described. Any permission slip shall be void if its terms are violated.
4. Notice of completion shall be given within five (5) days to the City for inspection.
5. Improper Maintenance. Whenever any tree shall be planted, removed or worked on,
in conflict with the provisions of this Ordinance, the City may take action to
eliminate the violation, and the cost thereof shall be assessed to the owner as
provided by law in the case of special assessments.
Section 4. Destruction of Trees, Shrubbery or Other Vegetation on Public Property
Except as provided in Section 3:
a. No person shall intentionally damage, cut, carve, transplant or remove any tree, plant or
shrub; nor damage any tree or shrub by attaching any rope, wire, nails, posters or any other
contrivance to the tree or shrub; allow any gaseous, liquid or solid substance which is
harmful to trees or shrubs which come into contact with them; set fire or permit fire to burn
where such fire or the heat thereof will injure any portion of any tree or shrub; or dig in or
otherwise disturb public grass areas, or in any other way injure or impair the natural beauty
or usefulness of any public property.
b. Any person impairing, damaging, breaking, severely destroying or removing a tree, shrub
or plant on public property shall make restitution to the City for the value of the tree, plant
or shrub.
Section 5. Trees, Shrub and Plants on Private Property
a. Any person owning or occupying real property bordering on any street shall prune trees,
plants or shrubs on his/her property so that they do not obstruct the street lights, obstruct
the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct the
view of any street or alley intersection. The minimum clearance of any overhanging
portion thereof shall be twelve feet (12') over sidewalks and fourteen feet (14') over
streets. For purposes of this Section, obstruct means creating a public health or safety
concern.
1. Notice to Prune. Should any person owning real property bordering on any street
fail to prune as provided by this Ordinance, the City may order such person to prune
such tree, plant or shrub within thirty (30) days after written notice. A shorter
51
•
period may be prescribed by the City in the event of the existence of any immediate
hazard.
2. Failure to Comply. When a person to whom an order is directed fails to comply
within the specified time, the City may prune the tree, plant or shrub, and assess the
cost thereof to the owner as provided by law in the case of special assessments.
Diseased and Infected Trees
The City may enter upon private lands to inspect trees, plants or shrubs whereon
insect pests and plant diseases may be found to have injuriously affected either said
trees, plants or shrubs or which may injuriously affect the pubic health and welfare.
The City may conduct field inspections, including the removal of specimens for
laboratory analysis that may be necessary to determine the presence of said
infestation or to locate any private lands, which might serve as a breeding place for
diseases or insects. Before making any inspection on private property, the City shall
give notice of the inspection to all affected residents and property owners either
through an individual oral or written notice, or by publishing the notice in a local
newspaper.
2. If a disease or insect infestation is found, the City may, by written notice, give the
property owner a definitive time but not less than twenty (20) days to remove, treat
or dispose of the infested trees, plants or shrubs. If the work is not satisfactorily
completed within the time prescribed, the City may enter upon the property and
remove and/or treat the infested area and assess the cost thereof to the owner as
provided by law in the case of special assessment.
Section 6. Interference with the City Administrator or Authorized Agents:
It shall be unlawful for any person to prevent, delay or interfere with City employees or
authorized agents while they are engaged in and about the planting, cultivating, mulching,
pruning, spraying, inspecting or removal, or any other designated task or duty concerning
street, park or public trees, or trees on private grounds as authorized by this Ordinance;
provide, however, that nothing herein shall be construed as an attempt to prohibit the pursuit
of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of
property rights by the owner of any property within the Municipality.
Section 7. Penalty:
Any person violating or failing to comply with any of the provisions of this Ordinance or
any permission slips issued hereunder, shall be guilty of a misdemeanor, which may be
punished to the full extent of the law. Each day the violation continues shall be considered a
separate offense.
52
Donald Peterson, Mayor
Bridget Miller, City Clerk
i
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 2004-
Repealing Ordinance No.1985-2
AN ORDINANCE ESTABLISHING SEWER USE REGULATIONS: AN ORDINANCE
REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE
WASTEWATER DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING .
SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER
SYSTEM(S); AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE DOES ORDAIN:
SECTON 1. DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of terms used within this ordinance
shall be as follows:
SUB. 1. `Biochemical oxygen demand (BOD)" shall mean the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory procedure in five
days at 20 degrees C., expressed in milligrams per liter.
SUB. 2. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage
system which receives the discharge from soil, waste, and other drainage pipes inside the
walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters)
outside the inner face of the building wall.
SUB. 3. "Building Sewer" shall mean the extension from the building drain to the public
sewer or other place of disposal, also called house connection or service connection.
SUB. 4. "City" is the area within the corporate boundaries of the City of Albertville as
presently established or as amended by Ordinance or other legal actions at a future time.
The term "City" when used herein may also be used to refer to the City Council and its
authorized representatives.
SUB. 5. "Combined Sewer: shall mean a sewer intended to serve as sanitary sewer and a
storm sewer, or as an industrial sewer and a storm sewer.
SUB. 6. "Easement" shall mean an acquired legal right for the specific use of land owned
by others.
SUB. 7. "Fooatable oil" is oil, fat, or grease in a physical state such that it will "separate by
gravity from wastewater. A wastewater shall be considered free of floatable fat if it is
properly pretreated and the wastewater does not interfere with the collection system.
54
0
SUB. 8. "Garbage" shall mean the animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
SUB. 9. "Industrial Wastes" shall mean wastewater discharged by industry that includes
solid, liquid or gaseous waste resulting from the industrial or manufacturing process, trade
or business or from the development, recovery or processing of natural resources.
SUB. 10. "May" is permissive (see "shall", Subdivision 20.)
SUB. 11. "NPDES Permit" (National Pollutant Discharge Elimination System Permit)
means the system for issuing, conditioning and denying permits for the discharge of
pollutants from point sources into the navigable waters, the contiguous zone, and the oceans
by the Environmental Protection Agency pursuant to the Federal Water Pollution Control
Act of 1972, Sections 402 and 405.
SUB. 12. "Natural Outlet" shall mean any outlet, including storm sewers and combined
sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface of
groundwater.
SUB. 13. "Person" shall mean any individual, firm, company, association, society,
corporation, or group.
SUB 14. "pH" shall mean the reciprocal of the logarithm of the hydrogen -ion
concentration. The concentration is the weight of hydrogen -ions, in grams, per liter of
solution. Neutral water, for example has a pH value of 7 and a hydrogen -ion concentration
of 10-7
SUB 15. "Properly Shredded Garbage" shall mean the wastes from the preparation,
cooking, and dispensing of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing in public sewers with no
particle greater than '/z inch (1.27 centimeters) in any dimension.
SUB 16. "Public Sewer" shall mean a common sewer owned and maintained by the City.
SUB 17. "Sanitary Sewer" shall mean a sewer intended to carry only sanitary or sanitary
and industrial wastewater from residences, commercial buildings, industrial plants, and
institutions together with minor quantities of ground, storm, and surface waters that are not
admitted intentionally.
SUB 18. "Sewage' is the spent water of a community. The preferred term is "Wastewater",
Subdivision 27.
SUB 19. "Sewer" shall mean a pipe or conduit that carries wastewater or drainage water.
SUB 20. "Shall" is mandatory (See "May", Subdivision 10).
55
■
SUB 21. "Slug shall mean any discharge of water or wastewater which in concentration of
• any given constituent or in quantity of flow exceeds for any period of duration longer than
15 minutes more than five times the average 24 hour concentration or flows during normal
operation and shall adversely affect the collection system and/or performance of the water
reclamation plant.
SUB 22. "Storm drain" (sometimes termed "storm sewer") shall mean a drain or sewer
intended to carry storm waters, surface runoff, groundwater, sub -surface water, street wash
water, drainage and unpolluted water from any source.
7
SUB 23. "Superintendent" shall mean the utilities superintendent or his authorized deputy,
agent, or representative.
SUB 24. "Suspended Solids" shall mean total suspended matter that either floats on the
surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable
by laboratory filtering as prescribed in "Standard Methods for the examination of Water and
Wastewater" and referred to as non -filterable residue.
SUB 25. "Interceptor Sewer" — a sewer whose primary purpose is to transport wastewaters
from collector sewers to a treatment facility.
SUB 26. "Unpolluted Water" is water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water quality standards and
would not be benefited by discharge to the sanitary sewers and wastewater treatment
facilities provided.
SUB 27. "Wastewater" shall mean the spent water of a community. From the standpoint of
source, it may be a combination of the liquid and water carried wastes from residences,
commercial buildings, industrial plants, and institutions, together with any groundwater,
surface water, and stormwater that may be present.
SUB 28. "Wastewater Facilities" shall mean the structures, equipment, and processes
required to collect, carry away, and treat domestic and industrial wastes and dispose of the
effluent.
SUB 29. "Wastewater Treatment Works" or "Treatment Works" means an arrangement of
devices and structures for treatment of wastewater, industrial waste, and sludge. Sometimes
used as synonym "Plant" or "Sewage Treatment Plant".
SUB 30. "Watercourse" shall mean a natural or artificial channel for the passage of water
either continuously or intermittently.
SUB 31. "Industrial Users" or "Industries" are:
a. ' Entities that discharge into a publicly owned wastewater treatment works, liquid
wastes resulting from the process employed in industrial or manufacturing processes
56
or from the development of any natural resources are identified in the Standard
Industrial Classification Manual, 1972, Office of Management and Budget, as
amended and supplemented under one of the following divisions:
Division A. Agricultural, Forestry and Fishing
Division B. Mining
Division D. Manufacturing
Division E. Transportation, Communications, Electric Gas, and Sanitary Sewers
Division I. Services
For the purpose of this definition, domestic or sanitary waste shall be considered to
have the following characteristics:
BOD5 less than 250 mg/1
Suspended Solids less than 250 mg/1
Phosphorous less than 10 mg/1
b. Any nongovernmental user of a publicly owned treatment works which discharges
wastewater to the treatment works which contains toxic pollutants or poisonous
solids, liquids or gases in sufficient quantity either singly or by interaction with other
wastes, to contaminate the sludge of any municipal systems, or to injure process, or
which constitutes a hazard to humans or animals, creates a public nuisance, or
creates any hazard in or has an adverse effect on the waters receiving any discharge
from the treatment facilities.
SUB 32. "Residential, Commercial, and Institutional/Governmental Users are all non-
industrial users.
SUB 33. "Normal Domestic Strength Waste" shall mean wastewater that is primarily produced
by residential users with BOD concentrations less than 250 milligrams per liter, TSS
concentration of less than 250 milligrams per liter and phosphorous concentration of 10
milligrams per liter or less as distinct from industrial waste and the characteristics as stated in
Subdivision 31.
SUB 34. "Incompatible Waste" is waste that either singly or by interaction with other wastes
interferes with any waste treatment process, constitutes a hazard to humans or animals, creates a
public nuisance, or creates any hazard in the receiving waters of the wastewater treatment
works.
57
0
SUB 35. "ASTM" shall mean the American Society for Testing Materials.
SUB 36. "WPCF" shall mean the Water Pollution Control Federation.
SUB 37. "SDS Permit" (State Disposal System Permit) means any permit including any terms,
conditions or requirements thereof issued by the Minnesota Pollution Control Agency pursuant
to Minnesota Statues 115.07 for a disposal system as defined by Minnesota Statutes 115.01,
Subdivision 8.
SUB 38. "P" means the phosphorous concentration of the influent.
SECTION 2. CONTROL BY THE UTILITIES SUPERINTENDENT
SUB 1. The Utilities Superintendent shall have control and general supervision of all
public sewers and service connections in the City, and shall be responsible for administering
the provisions of this chapter to the end that a proper and efficient public sewer system is
maintained.
1. If the City permits the pretreatment or equalization of waste flows, the design and
installation of the plants and equipment shall be subject to the review and approval
of the City, in accordance with (3) below.
2. The City will require payment to cover the added cost of handling the wastes not
covered by existing taxes or sewer charges.
3. No provision contained in this ordinance shall be construed to prevent or prohibit a
separate of special contract or agreement between the City and any user whereby
waste and material of unusual strength, character or composition may be accepted by
the City for treatment, subject to additional payment therefore by such user;
provided, however, that such contract or agreement shall have the prior approval of
the superintendent, and the payments for such services need the requirements of
City's Ordinances establishing the Sewer Charge System and provided that the
National Categorical Pretreatment Standards and the City's NPDES and/or SDS
Permit limitation are not violated.
SUB 6. Grease, oil, and sand interceptors shall be provided when, in the opinion of the
superintendent, they are necessary for the proper handling of liquid wastes containing floatable
grease in excessive amounts, any flammable wastes, sand or other harmful ingredients; as
specified in Section 7, Subdivision 3 and 4; except that such interceptors shall not be required
for private living quarters or dwelling units. All interceptors shall be of a type and capacity
approved by the superintendent, and shall be located as to be readily and easily accessible for
cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be
responsible for the proper removal and disposal by appropriate means of the captured material
and shall maintain records of the dates, and means of disposal which are subject to review by
the superintendent. Any removal and hauling of the collected materials not performed by the
owner(s)' personnel must be performed by currently licensed waste disposal firms.
58
r_1
l�J
SUB 7. Where pretreatment or flow -equalizing facilities are provided or required for any
waters or wastes, they shall be maintained continuously in satisfactory and effective operation
by the owner(s) at his expense.
SUB 8. No user shall increase the use of process water or, in any manner attempt to dilute a
discharge as a partial or complete substitute for adequate treatment to achieve compliance with
the limitations contained in the National Categorical Pretreatment Standards or any State
Requirement.
SUB 9. When required by the City, the owner of any property serviced by a building sewer
carrying industrial wastes shall install a suitable structure together with such necessary meters
and other appurtenances in the building sewer to facilitate observation, sampling, and
measurement of the wastes. Such structure, when required, shall be accessible and safely
located and shall be constructed in accordance with plans approved by the City. The structure
shall be installed by the owner at his expense and shall be maintained by him so as to be safe
and accessible at all times.
SUB 10. All measurements, tests, and analyses of the characteristics of waters and wastes to
which reference is made in this ordinance shall be determined in accordance with the latest
edition of "Standard Methods for the Examination of Water and Wastewater", published by the
American Public Health Association Sampling methods, location, times, duration, and
frequencies are to be determined on an individual basis subject to approval by the
superintendent.
SUB 11. Whenever any service connection becomes clogged, obstructed, broken or out of
order, or detrimental to the use of the public sewer, or unfit for the purpose of draining, the
owner or person having charge of the service connection shall repair or cause such work to be
done as the superintendent may direct. Each day after three days that a person neglects or fails
to so act shall constitute a separate violation of this subsection, and the superintendent may then
cause the work to be done, and recover from such owner or agent the expense thereof, together
with 10 percent damages, by an action in the name of the City.
SUB 12. No person, having charge of any building, or other premises, which drains into a
public sewer, shall permit any substance or matter which may form a deposit or obstruction
to flow or pass into the public sewer. Within 10 days after notice in writing from the City, a
person shall install a suitable and sufficient catch basin or waste trap, or if one already exists,
clean out, repair or alter the same, and perform such other work as the superintendent may
deem necessary to prevent any substance or matter passing into the public sewer which may
cause'a deposit or obstruction therein. In addition to any penalties that may be imposed for
violating this subsection, if a person refuses or neglects to install a catch basin or waste trap
or to clean out, repair, or alter the same, if one exists, for a period of five days, the
superintendent may cause such work to be done as deemed necessary at the expense of the
owner or person having charge of the premises.
59
SUB 13. In addition to any penalties that may be imposed for violation of any provision of this
chapter, the City may assess against any person the cost of repairing or restoring sewer or
associated facilities damaged as a result of the discharge of prohibited wastes by such person
and may collect such assessment as an additional charge for the use of the public sewer system
or in any other manner deemed appropriate by the City.
SUB 14. The owner or operator of any motor vehicle washing or servicing facility shall
provide and maintain in serviceable condition at all times a catch basin or waste trap in the
building drain system to prevent grease, oil, dirt, or any mineral deposit from entering the
public sewer system.
SUB 15. The owner of any property serviced by a building sewer carrying industrial wastes
may, at the discretion of the City, be required to provide laboratory measurements, tests, and
analyses of waters or wastes to illustrate compliance with this Ordinance and any special
condition for discharge established by the City or regulatory agencies having jurisdiction
over the discharge. The number, type, and frequency of sampling and laboratory analyses to
be performed by the owner shall be stipulated by the City. The industry must supply a
complete analysis of the constituents of the wastewater discharge to assure that compliance
with the Federal, State and local standards are being met. The Owner shall report the results
of measurements and laboratory analyses to the City at such times and in such manner as
prescribed by the City. The Owner shall bear the expense of all measurements, analyze and
reporting required by the City. At such times as deemed necessary, the City reserves the
right to take measurements and samples for analysis by an outside laboratory.
SECTION 3 USE OF PUBLIC SEWER REQUIRED
SUB 1. It shall be unlawful for any person to place, deposit, or permit to be deposited in
any unsanitary manner on public or private property within the City, or in any area under the
jurisdiction of said City, any human or animal excrement, garbage, or objectionable waste.
SUB 2. It shall be unlawful to discharge to any natural outlet within the City, or in any area
under the jurisdiction of said City, any wastewater or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent provisions of this ordinance
and the cities NPDES/SDS permit.
SUB 3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool, or other facility intended or used for the disposal of
wastewater.
SUB 4. Where a public sanitary sewer is within 300 feet of the structure generating wastewater
the owner shall make connection in a manner according to the City within 365 days after written
notice has been served on the owner or his authorized representative, or by mail sent to his last
known address. If the owner cannot be reached by mail so addressed, then the City may serve
the written notice upon the occupant. Failure to remedy these within the allotted time may
result in a penalty as established in Section 11 of this Chapter. The City has the right to wave
Section 3, Sub. 4 until change of ownership of said property.
60
•
SUB 5. Whenever the notice provided for in this section is not complied with, the City Council
shall by resolution direct the work to be done. The cost of the installation shall be paid initially
from the general fund and then assessed by the City against the property benefited. If the
assessment is not paid to the City Treasurer within 10 days after the clerk has served written
notice in the same manner as provided in Subdivision 4 above, the City Clerk shall then certify
the amount of the assessment to the County Auditor for collection in the same manner as other
special assessments. The City Council may, by resolution, provided that the assessment be
spread over a term of three years upon request of the property owner or his authorized
representative.
SUB 6. The City retains the exclusive right to furnish public sanitary sewer service to all
buildings within the City. No person, firm, corporation or other legal entity shall construct,
maintain or operate within the City, a public sanitary sewer system or serve any building with a
sanitary sewer system or gather waste or sewage therefrom.
SECTON 4. PRIVATE WASTEWATER DISPOSAL
SUB 1. Where a public sanitary sewer is not available, the building sewer shall be
connected to a private wastewater disposal system complying with the provision of
Ordinance Number 1993-7.
SECTON 5. BUILDING SEWERS AND CONNECTIONS
SUB 1. No unauthorized person(s) shall uncover, make any connections with or opening
into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a
building permit from the City. The provisions of this section shall also apply to connections
made indirectly through privately owned or privately constructed sewers.
SUB 2. Application for permits shall be made by the owner or authorized agent and the party
employed to do the work on forms prescribed by the City. The form shall state the location,
name of owner, street number of the building to be connected, and how occupied. The permit
shall be displayed at the site occupied. The permit shall be displayed at the site where the
connection is to be made. A permit and inspection fee (see fee schedule) shall be paid to the
City at the time the application is filed. No person shall extend any private drain beyond the
limits of the building or property for which the service connection permit has been given. Any
person who desires to construct, reconstruct, extend, or alter a service connection shall before
beginning work file with the City a plan showing the whole course of the service connection and
all branches, traps and fixtures connected therewith. If the City finds that the plans do not
conform to the requirements of this chapter, the City shall not issue a permit for such work.
f th b 'ld'
SUB 3. All costs and expenses incidental to the installation and connection o e ui mg
sewer shall be borne by the owner(s). The owner(s) shall indemnify the City from any loss or
damage that may directly or indirectly be occasioned by the installation of the building sewer.
61
SUB 4. A separate and independent building sewer shall be provided for every building;
exceptwhere one building stands at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining alley, court, yard, or
driveway, the front building sewer may be extended to the rear building and the whole
considered as one building sewer. But the City does not and will not assume any obligation or
responsibility for damage caused by or resulting from any such single connection
aforementioned.
SUB 5. Old building sewers may be used in connection with new buildings only when they are
found, on examination and test by the superintendent or his representative, to meet all
requirements of this ordinance.
SUB 6. The size, slope, alignment, materials of construction of a building sewer, and the
methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the
trench, shall all conform to the requirements of the State of Minnesota Building and Plumbing
Code or other applicable rules and regulations of the City.
SUB 7. Whenever possible, the building sewer shall be brought to the building at an elevation
below the basement floor. In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted
by an approved means and discharged to the building sewer.
SUB 8. No person(s) shall make connection of roof downspouts, foundations drains, areaway
idrains, or other sources of surface runoff or groundwater to a building sewer in accordance with
Ordinance 2004-07, Ordinance Regulating Sump Pumps.
SUB 9. The connection of the building sewer into the public sewer shall conform to the
requirements of the State of Minnesota Building and Plumbing Code or other applicable rules
and regulations of the City. All such connection shall be made gastight and watertight and
verified by proper testing. Any deviation from the prescribed procedures and materials must be
approved by the City before installation.
SUB 10. The applicant for the building sewer permit shall notify the City when the building
sewer is ready for inspection and connection to the public sewer. The connection and testing
shall be made under the supervision of the superintendent or his representative.
SUB 11. All excavations for building sewer installation shall be adequately guarded with
barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and
other public property disturbed in the course of the work shall be restored in a manner
satisfactory to the City representative.
SUB 12. No person shall make a service connection with any public sewer unless regularly
licensed under this chapter to perform such work, and no permit shall be granted to any person
except such regularly licensed person.
62
SUB 13. Any person desiring a license to make a service connection with public sewers shall
apply in writing to the City, and furnish the City satisfactory evidence that the applicant or
employer is a person trained or skilled in the business and qualified to receive a license. Such
license shall be issued by the City.
SUB 14. No license shall be issued to any person until the City receives a copy of State Bond or
Minnesota Master Plumber License. Public Liability insurance showing coverage of not less
than $1,000,000.00. Injuries including accidental death to anyone person and subject to the
same limit for each person in an amount not les than $300,000.00 on account of any one
accident. Property damage insurance in the amount of not less than $1,000,000.00. Workman's
Compensation insurance or letter from the insurance agent stating that you are self-employed
and choose not to carry insurance. The license will indemnify and save harmless the City from
all suits, accidents and damage that may arise by reason of any opening in any street, alley or
public ground, made by the licensee or by those in licensee's employment for any purpose
whatever, and that the licensee will replace and restore the street or ally over such opening to as
good a state and condition as the licensee found it, keep guard by day and adequate lights by
night and keep and maintain the same in good order, to the satisfaction of the superintendent and
shall conform in all respects to the rules and regulations of the Council relative thereto, and pay
all fines that may be imposed on the licensee by law.
SUB 15. In the event that licensee or owner damages any public utilities in the course of their
work hereunder, he/she/it must immediately notify the City and shall provide the City with a
written report of the incident.
SUB 16. The license fee for making service connections is $50.00 per year, with no pro ration
for a partial year. All licenses shall expire on December 31 of the license year unless sooner
suspended or revoked by the Council for cause.
SUB 17. The Council may suspend, revoke or refuse to renew any license issued under this
chapter for any of the following causes:
a. Giving false information in connection with the application for a license.
b. Incompetence of the license.
c. Willful violation of any provisions of this chapter or any rule or regulation pertaining
to the making of service conditions.
SUB 18. No person licensed under this chapter shall allow his or her name to be used by any
other person, either for the purpose of obtaining permits, or doing any work under his or her
license; and every licensee shall record in the building official office his or her place of
business, the name under which the business is transacted, and shall immediately notify the
Wastewater Superintendent or agents of any change.
63
SUB 19. Any new connection(s) to the sanitary sewer system shall be prohibited unless
ie sufficient capacity is available in all downstream facilities, including but no limited to capacity
for flow, BOD and suspended solids.
SECTION 6. RESPONSIBILITY FOR MAINTENANCE OF LINE
•
It shall be the duty and responsibility of every owner or occupant of property upon which a Building
Sewer is placed to maintain the sewer line on his/her or their property. This maintenance shall
include a responsibility of repairing any broken tile in said line and the responsibility for any
cleanout or maintenance caused by obstructions in said line. All repair and restoration costs
(including the street) shall be paid for by the owner. In addition, the owner or occupant will be
responsible for clean out or maintenance due to obstructions caused by said owner or occupant, in
the line from the main to the property line. In the event that the owner or occupant cause any City
main to become plugged, he/she/they shall be responsible for reimbursing the City for costs
incurred in clearing the obstruction.
SECTION 7. USE OF PUBLIC SERVICES
SUB 1. No person(s) shall discharge or cause to be discharged any unpolluted waters such as
stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary
sewer in accordance with Ordinance Number 2004-07 Ordinance Regulating Sump Pumps.
SUB 2. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are
specifically designed as storm sewers or to a natural outlet approved by the City and other
regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged
to a storm sewer or natural outlet on approval of the City and upon approval and issuance of a
discharge permit by the MPCA.
SUB 3. No person(s) shall discharge or cause to be discharged any of the following described
waters or wastes to any public sewers:
a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid,
solid, or gas which by reason of their nature or quantity are, or may be, sufficient
either alone or by interaction with other substances to cause fire or explosion, or be
injurious in any other way to the treatment facilities or to the operation of the system.
b. Any water containing toxic or poisonous solids, liquids, or gases in sufficient
quantity, either singly or by interaction with other wastes, to injure or interfere with
any waste treatment process, constitutes a hazard to humans or animals, create a
public nuisance, or create any hazard in the receiving wastes of the wastewater
treatment works. A toxic pollutant shall include by not be limited to any pollutant
identified pursuant to Section 307 (a) of the Clean Water Act and revisions thereof.
i
64
•
c. Any waters or wastes having a pH lower than 5.5 or greater than 9.5, or having any
other corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the wastewater facilities and/or wastewater treatment
works.
d. Solid or viscous substances in quantities or of such size capable of causing
obstruction to the flow in sewers, or other interference with the proper operation of
the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch
manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc.,
either whole or improperly ground garbage.
SUB 4. The following described substances, materials, water, or waste shall be limited in
discharges to municipal systems to concentrations or quantities which will not harm either
sewers, wastewater treatment works treatment process or equipment, will not have an adverse
effect on the receiving stream, and/or soil, vegetation and groundwater, or will not otherwise
endanger lives, limb, public property, or constitute a nuisance. The superintendent may set
limitations lower than limitations established in the regulations below if in his opinion such
more severe limitationsarenecessary to meet the above objectives. In forming his opinion as to
the acceptability, the superintendent will give consideration to such factors as the quantity of
subject waste in reaction to flows and velocities in the sewers, materials of construction of the
sewers, the wastewater treatment works, the City's NPDES and/or SDS Permits and other
pertinent factors. The limitations or restrictions on materials or characteristics of water or
wastewater discharged to the sanitary sewer which shall not be violated without approval of the
superintendent are as follows:
a. Wastewater having a temperature higher than 150 degrees Fahrenheit (65 degrees
Celsius):
b. Wastewater containing more than 25 milligrams per liter of petroleum oil, non -
biodegradable cutting oils, or product of mineral oil origin.
c. Any wastewater containing fats, wax, grease, or oils, whether emulsified or not, in
excess of 100 mg/1 or containing substances which may solidify or become viscous
at temperatures between 32 F and 150 F (O C and 65.6 Q.
d. Any garbage that has not been properly shredded (See Section 1, Subdivision 15).
Garbage grinders may be connected to sanitary sewers from homes, hotels,
institutions, restaurants, hospitals, catering establishments, or similar places where
garbage originates from the preparation of food in kitchens for the purposes of
consumption on the premises or when served by caterers.
e. Any waters or wastes containing lead, chromium, copper, zinc, mercury, boron, and
similar objectionable or toxic substances to such degree that any such material
received in the composite wastewater at the wastewater treatment works exceeds the
limits established by the superintendent for such materials.
65
f Any waters or wastes containing odor -producing substances, inert suspended solids,
wastes with objectionable colors or noxious waters exceeding limits which may be
established by the superintendents.
g. Any radioactive wastes or isotopes of such half --life or concentration as may exceed
limits established by the superintendent in compliance with applicable state or
federal regulations.
h. Quantities of flow, concentrations, or both which constitute a "slug" as defined
herein. (See Sectionl, Subdivision 21).
i. Waters or wastes containing substances which are not amenable to treatment or
reduction by the wastewater treatment processes employed.
j. Any waters or wastes containing BOD or suspended solids of such character and
quantity that unusual attention or expense is required to handle such materials at the
wastewater, treatment works, except as may be permitted by contract between the
city and any user it will provide for special charges, payment or provisions of
treating and testing equipment in accordance with this ordinance.
SUB 5. If any waters or wastes are discharged or are proposed to be discharged to the public
sewers, which waters contain the substances or possess the characteristics enumerated in Section
7; Subdivision 3 and 4, and which in the judgment of the superintendent, may have a deleterious
effect upon the wastewater facilities, processes, equipment, or receiving waters, or which
otherwise create a hazard to life or constitute a public nuisance, the City may:
a. Reject the wastes.
b. Require pretreatment to an acceptable condition for discharge to the public sewers.
c. Require control over the quantities and rates of discharge.
SECTION 8. PENALTY
SUB 1. No person(s) shall maliciously, willfully, or negligently break, damage, destroy,
uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of
the wastewater facilities or do any act obstructing or in any way interfering with the use of
any sewer, or the flow of wastewater through any sewer. Any person violating this provision
shall be subject to immediate arrest under charge of disorderly conduct.
SECTION 9. POWERS AND AUTHORITY OF INSPECTIONS
SUB 1. The superintendent or other duly authorized employees of the City bearing proper
credentials and identification shall be permitted to enter all properties for the purpose of
66
•
inspection, observations, measurement, sampling, and testing pertinent to discharge to the
community systems in accordance with the provisions of this ordinance.
SUB 2. The superintendent or other duly authorized employees are authorized to obtain
information concerning industrial process which have a direct bearing on the kind and source of
discharge to the wastewater collection system. The industry may withhold information
considered confidential. The industry must establish that the revelations to the public or f the
information in question might result in an advantage to competitors.
SUB 3. While performing the necessary work on private properties, the superintendent or duly
authorized employees of the City shall observe all safety rules applicable to the premises
established by the company, and the company shall be held harmless for injury or death to the
City employees and the City shall indemnify the company against loss or damage of its property
by City employees and against liability claims and demands for personal injury or property
damage asserted against the company and growing out of the gauging and sampling operation.
SUB 4. The superintendent or other duly authorized employees of the City bearing proper
credentials and identification shall be permitted to enter all private properties through which the
City holds a duly negotiated easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance of any portion of the wastewater
facilities lying within said easement. All entry and subsequent work, if any, on said easement,
shall be done in full accordance with the terms of the duly negotiated easement pertaining to the
private property involved.
SECTION 10. USER RATE SCHEDULE OF CHARGES
SUB 1. Each user of sewer service shall pay the charge(s) applicable to the User Class type of
service, and in accordance with Ordinance Number 2004-
SECTION 11. PENALTIES
SUB 1. Any person found to be violating any provision of this ordinance shall be served by the
City with written notice stating the nature of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The offender shall, within the period of time stated in
such notice, permanently cease all violations.
SUB 2. Any person who shall continue any violation beyond the time limit provided for in
Section 11, Subdivision 1, shall be guilty of a misdemeanor, and on conviction thereof shall
be fined in the amount of (see fee schedule) for each violation. Each day in which any such
violation occurs shall be deemed a separate offense. A conviction shall not bar a later
conviction for subsequent violations of this ordinance.
SUB 3. Any person violating any of the provisions of this ordinance shall become liable to the
City for any expense, loss, or damage occasioned the City by reason of such violation.
67
This ordinance shall be effective upon its passage and publication in the official newspaper of the
City.
Passes this day of 2004.
Don Peterson, Mayor
Bridget Miller, City Clerk
68
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
ORDINANCE 2004-
AN ORDINANCE ESTABLISHING CHARGES FOR USERS OF THE
CITY of ALBERTVILLE WASTEWATER TREATMENT FACILITIES
Section 1. Purpose
It is the purpose of this ordinance to recover
from users of city wastewater disposal system
facilities, on an equitable basis, the share of
the city facilities, costs attributable to such,
users, and to provide funds for the operation and
maintenance, debt service, replacement and
improvements by the city.
Section. 2. Definitions
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning. Terms defined in this section are incorporated by reference as part of this division.
Capital costs means all reasonable and necessary costs and expenses incurred by the city in
planning, designing, financing, and constructing disposal system facilities, including, but not
limited to, costs and expenses for obtaining necessary permits, licenses, approvals and grants
for design and construction costs, fees for legal and consulting services, or the acquisition of
such facilities.
Commercial user means all users of the system classified as industrial users in the Standard
Industrial Classification Manual, 1972, United States Office of Management and Budget, as
amended and supplemented, under divisions A, B, C, E and I, but who are excluded from
that definition for the purposes of this division because they discharge primarily segregated
domestic wastes, or wastes from sanitary conveniences. The classification shall not include
such exempted users who are otherwise classified in this division as domestic users,
governmental users, or institutional users.
Contract user means all users who have written contracts with the city to use the city sewer
system or city wastewater treatment plant.
Debt service means the principal and interest necessary to pay bonded indebtedness of
wastewater treatment facilities owned or operated by the city. Debt service is distinct from
annual operation, maintenance and replacement costs.
69
•
Debt service charge means the charge related to the principal and interest necessary to pay
bonded indebtedness of wastewater treatment facilities owned or operated by the city. The
debt service charge shall include a debt service connection charge and a debt service user
charge.
Domestic user means those establishments and related occupations, if any, which are
generally, considered domestic services and whose discharge consists solely of sanitary
wastes. This category indicates single-family homes, townhouses, duplex units,
condominiums, apartment units and mobile homes.
Equivalent residential unit means a unit of wastewater volume of 274 gallons per day at an
approximate strength of 250 milligrams per liter of BOD 5 and 250 milligrams per liter of
total, suspended solids.
Flow means the quantity of sewage expressed in gallons or cubic feet per 24 hours.
General municipal flow means the total sewage flow discharged to the wastewater treatment
facilities, including sanitary waste and infiltration, minus the flows from industrial users,
other municipalities and contract users. General municipal flow, based on the design of the
wastewater treatment facilities, is further defined as flow containing five-day BOD
concentrations not greater than 250 milligrams per liter and suspended solids concentrations
not greater than 250 milligrams per liter.
General municipal user means any user discharging sewage into the general municipal flow
other than industrial users, municipalities and other contract users. The term "general
municipal user" includes domestic users, commercial users, institutional users, and
governmental users, which are, not contract users.
Governmental user includes those establishments whose function is the administration
and/or execution of governmental programs, as well as the offices of executives, legislative
bodies and agencies which provide general support services for government.
Industrial user means any nongovernmental user of the wastewater treatment facilities
identified in the Federal Standard Industrial Classification Manual, 1972, Office of
Management and Budget, as amended and supplemented, under the following divisions:
(1) Agriculture, forestry and fishing
(2) Mining
(3) Manufacturing
(4) Transportation, communication, electric, gas and sanitary services
(5) Services
A user in a division listed in this definition may be excluded from the category of industrial
user and treated as a commercial user if the city determines it will primarily introduce
domestic wastes or wastes from sanitary conveniences. The BOD and suspended solids
loads from industrial users shall be based on the actual concentration of those constituents,
70
except that for industrial users with sewage containing BOD and suspended solids
concentrations less than the concentrations as defined for general municipal flow, the
charges shall be based on concentrations as defined for general municipal flow.
Institutional user means those establishments engaged in activities of a noneconomic nature,
frequently being the performance of services classified as a governmental or commercial
user in this division.
Load means quantities of sewage characteristics such as BOD, total suspended solids and
other constituents as expressed in milligrams per liter or pounds per 24 hours.
Operation and maintenance costs (O&M costs) means all labor, equipment, materials and
power required to operate and maintain the sewer utility sufficient for continuous, reliable
service to the city's users throughout the design or useful life, whichever is longer, of the
facilities. Maintenance includes cleaning, lubricating, repairing and overhauling of
wastewater equipment. Operation includes daily and other periodic control, inspection and
adjustments to wastewater equipment, and sampling and analysis of wastewater.
Replacement costs means costs related to expenditures for obtaining and installing
equipment, accessories, or appurtenances which are necessary to maintain the capacity and
performance during the service life of the city wastewater treatment facilities for which such
facilities were designed and constructed. The term "operation and maintenance" includes
replacement.
Sewer service charge means the aggregate of all the charges, including the user charges,
debt service charges,and other sewer -related charges, that are billed periodically to users of
city wastewater treatment facilities.
Significant industrial user means any industrial user which discharges sewage which
constitutes greater than ten percent of the design flow or design pollutant loading of the
wastewater treatment plant.
TSS, denoting total suspended solids, means solids that either float on the surface of, or are
in suspension in, water, sewage, or other liquid and which are removable by laboratory
filtering in accordance with the latest edition of Standard Methods for the Examination of
Water and Wastewater.
User charge means the charge levied on users of city wastewater disposal system facilities
for the cost of operation and maintenance of such facilities.
Section 3. Applicability of user charges
The user charges provided for in this division are hereby levied and assessed upon each
lodging, parcel of land, building or premises having any connection with, or discharging
either directly or indirectly into, the city sewer system.
Section 4. Establishment of unit costs
71
The council shall annually determine and fix the
unit costs for use of the city wastewater
treatment facilities on the basis of flow, BOD,-
TSS and any other pollutants, taking into
consideration the cost of treatment of such
sewage, and may increase or decrease such unit
cost as often and in such amounts as may
reasonably be required to accomplish the purposes
of this division.
Section 5. Administration generally
The city shall compute the amount due the city for sewer user charges and render a
statement thereof, at periodic intervals, as directed by the council, to the owner or occupant
of any premises using city wastewater disposal system facilities. All amounts due under this
division shall be payable at the office of the city administrator or other designated location.
Section 6. User categories
Users of the city sewer utility shall be
considered to belong to one of five categories:
(1) Domestic user
(2) Commercial user
(3) Institutional user
(4) Governmental user
(5) Industrial user
The allocation of users to categories for the purposes of assessment of sewer use and debt
service charges shall be the responsibility of the city administrator or designated
representative. Allocation of users to categories shall be based in part upon the substantive
intent of the definitions of these categories contained in this division.
Section 7. Determination of billable flow, loading and user charge
(a) Basis. Each user shall pay operation, maintenance and replacement costs in
proportion to the user's proportionate contribution of wastewater flows and
loadings to the treatment plant, with the minimum rate for loadings of BOD and
TSS being the rate established for a concentration of 250 milligrams per liter BOD
and 250 milligrams per liter TSS (i.e., normal domestic strength wastewater).
Those industrial users discharging segregated normal domestic strength
wastewater only can be classified as commercial users for the purpose of rate
determination.
(b) User charges for normal domestic strength users.
■
72
(1) Calculation of billable flows and loadings. The charges assessed domestic
users and those of other classes connected to the city's water utility and
discharging normal domestic strength wastewater shall be established
proportionately according to billable wastewater volume. Billable wastewater
volume shall be calculated as follows:
i. Measurement of wastewater volume for domestic users
1. Domestic users connected to city water utility. Except as provided
for in this division, billable wastewater volume for residential
users shall be calculated on the basis of metered water usage.
Metered water usage shall be determined by calculating a monthly
average based on water consumption for the months of November,
December, January, February and March. Usage in excess of the
minimum rate will be billed on a unit cost of 1,000 gallons per
month.
2. Domestic users not connected to city water utility. The charges
assessed to residential users who are not connected to the city's
water utility shall be established as a flat rate per month based on
the average water use of metered residential users in the
community. The city reserves the right to require residential
users to install water meters for the purpose of determining
billable wastewater volume.
ii. Measurement of wastewater volume for non -domestic users. The charges
assessed non -domestic users discharging normal domestic strength
wastewater shall be established proportionately according to billable
wastewater volume. Billable wastewater volume shall be calculated as
follows: The billable wastewater volume of non -domestic users may be
determined in the same manner as for residential users connected to the
city's water utility, except that if the city determines that there are
significant seasonal variations in the metered water usage of
nonresidential users resulting in a proportionate increase or decrease in
wastewater volume, then billable wastewater volume shall be calculated
on the basis of monthly metered water usage recorded throughout the
year, or calculated on the basis of wastewater flow meters. The city may,
at its discretion, require non -domestic users to install, at the user's
expense, a water meter, or such additional water meters or wastewater
flow meters as may be necessary to determine billable wastewater
volume.
73
iii. Determination of loadings for normal domestic strength users. The
billable amounts of BOD and TSS will be calculated from the volume of
metered water usage, as determined pursuant to this section, where the
billable quantities will be those attributable to wastewater at a
concentration of 250 milligrams per liter BOD and 250 milligrams per
liter TSS (i.e., normal domestic strength wastewater).
iv. Determination of loadings for non -domestic strength users. The city may,
at its discretion, require non -domestic users to install a sewage
monitoring facility. Each industrial user required by the city to install and
maintain sewage -monitoring facilities shall submit to the city a monthly
report of daily flow and BOD on a form approved by the city. This report
shall be used for billing purposes and shall be submitted prior to the 15th
day of the subsequent month. The city shall have the right to periodically
or continuously inspect the monitoring facilities to measure, sample and
analyze the industrial user's flow and to analyze the samples obtained by
such user. In the event of any discrepancy between the flows or loads
determined by the city and those determined by the industrial user, the
values determined by the city shall be used for billing purposes.
(2) Determination of user charges for normal domestic strength users. User
charges for normal domestic users shall be calculated on a unit charge for
each 1,000 gallons. However, under no circumstance will a user be billed less
than the minimum charge. Unmetered users shall be charged a flat fee
calculated from the average domestic usage throughout the community.
i. Metered water users. The per -month billable wastewater volume shall be
an average of the metered water usage during the months of November,
December, January, February, and March.
(3) Determination of user charges for nondomestic users.
i. Sewer service charges for users who discharge wastewater with
concentrations greater than normal domestic strength or wastes of unusual
character shall be calculated in proportion to the wastewater flow and
loading at the treatment plant. No user shall be charged at a rate less than
that of normal domestic strength wastewater.
ii. The measurements of such wastes shall be conducted according to the
latest edition of Standard Methods for the Examination of Water and
Wastewater, in a manner acceptable to the city, as provided for in
division 2 of this article.
iii. Units costs for Flow, BOD, TSS and P shall be calculated by
apportioning the Category B cost as follows, 20% to flow, 35% to BOD,
74
35% to TSS and 10% to P, then dividing each cost so apportioned by the
total estimated billing Flow, BOD, TSS, and P, to be received at the
Wastewater Treatment Plan in that year.
Unit Cost for
Flow per 1,000
0.20 (20%) x Annual Cost for O, M & R x 100C
Annual Wastewater Flow
Gallons
Unit Cost for
0.35 35%) x Annual Cost for O, M & R
BOD per lb.
Annual BOD to Facility
BOD
Unit Cost for
0.35 (35%) x Annual Cost for O, M & R
TSS per lb. TSS
Annual TSS to Facility
Unit Cost for P
0.10 (10%) x Annual Cost for O, M & R
per lb. P
Annual P to Facility
iv. In addition to the charges provided for in this section, the city may
impose a surcharge on any user based on some other pollutant -loading
factor, which exceeds general municipal flow standards. The City may
require a contract between the city and any user exceeding the general
municipal flow standard.
Section 8. Establishment of user charge rates.
The proposed user charge system shall be submitted to the council for review and approval.
Upon acceptance of the sewer utility budget by the council, the user charge rates shall be
established by council ordinance. The user charge rates shall be established to meet these
general requirements:
(1) Maintain the proportionate distribution of operation and maintenance and
replacement costs among users and user classes.
(2) Generate sufficient revenue to pay the total operation, maintenance and
replacement costs necessary for proper operation, maintenance and
replacement of the sewer utility.
(3) Apply excess revenues collected from a class of users to the costs of
operation, maintenance and replacement attributable to that class for the next
year and adjust the user charges accordingly.
(4) Calculate the user charge based on the flow and waste load estimated to be
discharged to the sewer utility in the succeeding year, including infiltration
and inflow.
75
ADOPTED by the City Council of the City of Albertville, Wright County, Minnesota this
day of 92004.
Don Peterson, Mayor
Bridget Miller, City Clerk
76