5.h) Approve Ordinance No. 35 Utility Permit Approval Process � . ,
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SCANDIA
Staff Report
Date of Meeting: November 20, 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 is a copy of Ord. No. 135 which 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) Approve Ordinance No. 135
2) Amend and then Approve Ordinance No. 135
3) Make no changes to the current ordinance that requires Council approval before issuance
of a utility permit.
Recommendallon:
Option 1.
C .
CITY OF SCANDIA
ORDINANCE NO. 135
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 1.1
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
facilities. A permit shall be issued by the Maintenance Superintendent . A
nonrefundable fee of $150.00 shall be paid by the utility company with its
application for permit.
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 to the
City and in an amount established by the Maintenance Superintendent . The
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.
SecNon 3. EFFECTIVE DATE. This ordinance shall be in full force and effect upon its
adoption and publication according to law.
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Ordinance No. 113
Page 2 of 2
Passed and adopted by the City Council of the City of Scandia this 20th day of November
2012.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Clerk/Administrator