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5.h) Revise Utility Permit Aproval Process i . � � /� � �' .� (���� SCANDIA Staff Report Date of Meeting: November 13, 2012 To: City Council From: Kristina Handt, City Administrator Re: Update Utility Permit Ordinance Agenda Item#: S.h) Background: Currently, Ordinance No. 113 (which amends Ord. No. 39)requires that the City Council vote on utility permits before they can be issued. This has caused problems for some property owners by delaying their project since the Council only meets once a month. Issue: Should the Maintenance Superintendent be able to approve a utility permit without City Council action? Proposal Details: Included in your packet are draft amendments that would allow the Maintenance Superintendent to issue the utility permit. It is very common in other cities for this type of permit to be issued by staff. Our Maintenance Superintendent has the knowledge, skill and expertise to be able to handle issuing these permits without prior Council approval. Options: 1) Direct staff to place the ordinance, as amended, on the consent agenda for the November regular meeting. 2) Amend the proposal and the direct staff to place it on the consent agenda. 3) Make no changes to the current ordinance that requires Council approval before issuance of a utility permit. Recommendation: Option 1. CITY OF SCANDIA ORDINANCE NO. XXX AN ORDINANCE AMENDING SECTION 1.1 OF ORDINANCE NO. 39 REGULATING THE CONSTRUCTION OF PUBLIC UTILITIES ON OR UNDER THE PUBLIC GROUNDS AND RIGHTS OF WAY IN THE CITY AND PROVIDING FOR PERMITS FOR THE INSTALLATION THEREOF The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. AMENDMENT. Section 1.1 of Ordinance No. 39 is hereby amended to read as follows: Section l.l No utility company shall open or disturb the surface of any public ground, right of way or easement for any purpose without first having obtained a permit from the City. The permit application shall describe the type of facility to be installed and the proposed location and depth of installation within the right of way or easement. The facilities are to be installed pursuant to such permit and shall be located as directed by the City, taking into account existing and planned for installation of services or repairs and maintenance of previously installed I facilities. A permit shall be issued by the Maintenance Superintendent � n�'��:�, , �� ��� +�,� �';+�� �'�„r^=�. A nonrefundable fee of$150.00 shall be paid by the utility company with its application for permit. I The � ' Maintenance Superintendent may, as a condition of issuance of a permit, require a financial guarantee for restoration of all disturbed areas to the standards provided by this ordinance. The guarantee shall be in a form acceptable I to the City and in an amount established by th�Maintenance Superintendent '�,,:'�';„R n{��;n' The '����'�'����T �'�����' Maintenance Superintendent shall , inspect the site 12 months following completion of the restoration, and if the restoration has been completed and maintained according to city requirements may release the guarantee. Section 2. REPEAL. Ordinance No. 113 adopted December 16, 2008 is hereby repealed. Section 3. EFFECTIVE DATE. This ordinance shall be in full force and effect on January 1, 2013, after publication according to law. Ordina�ice No. 113 Page 2 of 2 Passed and adopted by the City Council of the City of Scandia this _th day of , 2012. Randall Simonson, Mayor ATTEST: Kristina Handt, Clerk/Adi��inistratar