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Home My WebLink About1998-09-16 PACKET 12.A.REQUEST OF ClTY GOUNCIC. ACTICTN COUNCIL AGEPVDA 6UIEET6RIG 17ENi #� DATE 9/16/98 , p� • PREPARED BY: Community Development Kim Lindquist ORIGINATING DEPARTMENT STAFF AUTHOR .m.ae�.g�.e4.e>.�eemat..�a�.aQb.aa..aa...�4«��Q« • , � - +� Vilorkshop discussion on privafe utilify location ordinance. ; � • � t • � ADVISORY COMMISSION ACTIO(V ■ '^ . ■ ; � �� . • - ■ �•- � � - • � . . ■ • + . •- ,� ...- .. _� . � - � • : �• REVIEWED ❑ ❑ O O ❑ ❑ Memo from 6Cim Lindquist dated 9/19/98 �1 �'� • � , ■ ' • �• • ■ , ' • •, � ■ •; . ,� �� , . DENIED ❑ ❑ ❑ ❑ ❑ � 1 (� ��t0 «.�sm�a.a��wa«e�.a�dma��ffi��,aemm�e�o.�:.<a��mw�.a �t�u�ciL ,acTio� �r��: (� ��ov�� ❑ ��i�� C� c��r�� N/A ACTUAL AMOUIdT APPROVED ❑ ❑ ❑ ❑ ❑ O .. . . . .:,- � . . .. 1! tl �i�1 � TO: Honorable Mayor and City Gouncil Ryan Schroeder, City Administrator FROM: Kim �indquist, Community Development Director DATE: September 11, 1998 RE: Workshop Discussion on Private Utility Location Ordinance Introduction The City currently regulates installation of private utilities in new developments through the subdivision ordinance. However, a lot split or subdivision needs to occur to trigger undergrounding lines. The proposed text amendment would require all new transmis- sion lines for electrical utilities, except those over 15,000 volts or more, or those con- structed within state trunk highway right-of-way to be placed underground. Additionaliy, lines that are relocated, replaced, or reconstructed (more than 400 yards) must be installed underground during street paving, widening, or other projects. Discussion The Council has expressed a desire to assist in upgrading the aesthetics of the community. This discussion occurred when overhead power lines were relocated on Hadley Avenue. My understanding of that situation is that the draft ordinance language would have prompted undergrounding of the relocated line. The reason this issue is before the Council for discussion is d�e to the construction of 97�' Street in the Industrial Park. The City had requested that the electrical wires on 97"' be located underground and the presence of an ordinance to that affect would aid in convincing NSP. The language of the draft amendment is consistent with the language adopted by Oakdale. Council may have heard that Oakdale is currently in litigation over this te�ct amendment. It is my understanding that Oakdale "won" the first round and that NSP has appealed. I wili try to get more information to the Councii regarding this matter in the Monday packet. At this time staff is requesting Council discussion on the item. Section 22-39. Purpose. The City Council finds that it is in the public interest and desirable in order to promote and preserve the general welfare, assure the wderly development of the city, and provide for the safety and convenience of its inhabitants, that new transmission lines of electrical utilities and communication systems be placed, constructed, and installed underground. This requirement does rwt apply to high voltage transmission lines of 15,000 volts or more, or electricai utilities constructed within state trunk highway rights- of-way created pursuant to Articie XIV of the Minnesota Consfitution. Section 22-40. Underground Electric Wire Instailations. In addition to any other requirements of this code, the following shall be applicable to the installation of electric distribution systems of all electrical utilities excluding high voltage circuits and transmission lines of 15,000 volts or more. 1. Every permanent extension of any distribution lines, circuits and systems and any service lateral providing permanent electric power service shall be installed underground when for: (a) Any new installation of buildings, signs, streetlights, or other structures where the service lateral is street fed; (b) Any new subdivision (c) Any new development or industrial park containing new commerciai or industriai buildings. 2. Any permanent replacement, relocation, or reconstruction of more than 400 yards of any distribution line, circuit, or system of any such utility and any service lateral shail be instalied underground when for or made in connection with street paving, street widening, public utility instailation, and other such projects. Such requirements may be waived by the City Engineer when it is not technically or economicaliy feasible. 3. Wherever any part or portion of the distribution system of any such utilities in the municipality is now located underground, such part or portion shall remain underground and any replacement, relocation, reconstruction, repair, and extension thereof shall be installed underground. 4. All high voitage circuits and transmission lines of 15,000 volts or more which are constructed within the corporate limits of this municipality after obtaining approvai of the City Engineer, if, however, not feasible to be placed underground, shall be placed whenever possible on twalegged or single-pole structures of inetal or wood unless the City Engineer approves of other structural techniques. Section 22-41. Exception, Emergency, or Unusual Circumstances. Notwithstanding the provision of this Ordinance, the City Engineer may grant special permission on such terms as he may deem appropriate in cases of emergency or other unusuai circumstances, without discrimination as to any person or utility, to temporarily erect, construct, instali, maintain, use or operate poles, overhead wires, and associated overhead structures for periods up to nine (8) months. Said permits may be renewed for additional six-month periods upon good cause shown. Upon a showing of unusual circumstances of a permanent nature which cause extreme hardship, the Council may grant special permission to a person or utility to erect, construct, install, maintain, use, or operate poles, overhead wires, and associated structures within the corporate limits of this municipality. Section 22-42. Liability and Claims. All persons and companies providing electricai distribution and communications services under this Ordinance shalf at ali times save the City harmless from ali damages arising from all accidents, injuries, or any damage whatsoever that may be caused to any person or property due to the instal4ation or use of any underground wiring, conduit, or cables instailed pursuant to the terms of this Ordinance and upon a ten-day (10) notice from the City shall appear and defend all suits for damages against the City as a result of any such accident, injury, or damage. Section 22-43. Application for Underground Space. Persons or companies making application for spaces for underground facilities shall present their application and location drawings to the City Engineer cieariy indicating the type of underground system to be used, whether the system is to be a joint system to include electric supp�y and communications facilities, and specifying the proposed start and duration of the construction and the part of the street needed for construction. When such system, plans, and specifications have been approved by the City Engineer, appiicants who are unable to show financiai responsibility to the satisfaction of the City Engineer may be required to deposit with the City a sufficient sum to defray the cost of repaving that portion of the street used by them in case such paving is required. Section 22-44. Issuance of Permit. The City Engineer shall then issue a permit for such applicant granting the right to enter upon such streets as may be necessary, designating that portion that such app�icant may be permitted to use and the location of their underground facilities. Any question arising regarding the amount of space to be allowed any applicant or the location of their underground facility shall be determined by the City Engineer, and where a disagreement arises with reference to the City Engineer's decision, the said decision may be appealed to the Council for final determination. Section 22-45. Instalfation of Underground Facilities. 1. Underground facilities shall be located in the designated space as approved by the Gity Engineer. All excavations for tfie purpose of placing facilities underground shali be made in accordance with specifications as approved by the City Engineer. Periodic inspections of excavations and back-filling procedures wiii be conducted by representatives of the Engineer to insure adherence and compliance to specifications. 2. The top of all duct and cable system structures shall be located at a sufficient depth, in accordance with the National Electric Safety Code, to protect the system from injury. 3. All utility companies shall keep current records and plats of all underground facilities they own and operate. Such plats shall be available to a(i other utility companies and this municipality immediately upon the request of the Engineering Department. 4. In the repair, addition, or change of any underground facilities, no person or company shall be permitted to interfere with the underground facilities of any person or company, except so far as shall be necessary to make such repairs, additions, or changes. Ali such repairs, additions, or changes shall be made in accordance with specifications as approved by the Engineer and the Engineer shail be notified before work tnereon is commenced. 5. Conditions requiring emergency street opening and for repair may be handled at the discretion of the Engineer. 6. All companies laying underground facilities under provisions of this Ordinance shall begin such work at a time fixed by the Engineer and shall proceed with the construction of the same foilowing the time scheduling as ordered by the Engineer. Section 22-46. Authorized Servicemen. Those employees designated or authorized by any utility to enter any building, areaway, or other private piace, for the purpose of placing, extending, or repairing any wires, cables, conduits, or other fi�ures pertaining to the underground electric service, shall be furnished appropriate identification which shall be disp�ayed upon request. No person except those designated shall seek to enter any private place under pretense of being employed on such service and no authorized servicemen shali in any way aiter, remove, or interfere with the wires, cabies, conduits, or fixtures of any person or company other than that in whose employ he may be, without proper authority from the owners or agents thereof. Section 22-47. Existing Poles, Wires. Nothing in this Ordinance shall be construed as prohibiting necessary repairs to any poles or wires properly in use within the corporate limits of this municipality. F:IGROUPSWLANNING\1998�ORDINANCWnderground installaUww 9-t0.doc