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04.07.25 Work Session Packet
AGENDA Council Work Session Meeting 5:30 PM - Monday, April 7, 2025 Farmington City Hall, Conf Room 170 Page 1. CALL TO ORDER 2. APPROVE AGENDA 3. DISCUSSION ITEMS 3.1. Right-of-Way Management Discussion - 40 mins Discussion only. Agenda Item: Right-of-Way Management Discussion - 40 mins. - Pdf 2 - 21 3.2. GreenStep Cities Program Overview - 30 mins Staff will share more information about the GreenStep program and its process, highlight what the City has accomplished, and outline the best practices and actions the City can take to achieve Step 3 recognition. The complete list of best practices and actions can be found here: https://greenstep.pca.state.mn.us/ Attached is the most recent City of Farmington GreenStep Assessment. This assessment outlines all best practices and their actions, including what the City of Farmington has accomplished. Agenda Item: GreenStep Cities Program Overview - 30 mins - Pdf 22 - 55 4. CITY COUNCIL COMMITTEE UPDATE 5. CITY ADMINISTRATOR UPDATE 6. ADJOURN Page 1 of 55 COUNCIL WORK SESSION AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Right-of-Way Management Discussion - 40 mins Meeting: Council Work Session - Apr 07 2025 INTRODUCTION: (ROW) efficient to challenges several Right-of-Way has City the encountered Recently, Management. As there is potential for the ROW permit activity to increase even further, we are requesting policy guidance to ensure Staff's administration of this activity is efficient, fully considers the impact on property owners, and consistent with City Council expectations. DISCUSSION: Chapter 11 of the City Code discusses ROW Management and work in the City right-of-way; a copy of the current code is attached. A few key requirements include: Public Right-of-Way is defined as the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, or public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. Registration is required; it includes registrant's name, contact information, and Gopher One- Call registration certificate number, and insurance information. Every registrant has reporting obligations, including submittal by December 1 of each year: o The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year. o To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five (5) years following the next calendar year. o If these reports are not submitted, the City will not deny permits if the registrant has used commercially reasonable efforts to anticipate and plan for the project. When the work is completed, the permittee shall furnish a completion certificate showing the completion date for the work performed, identifying the installer and designer of record, and certifying that work was completed according to the requirements of the City. Within ninety (90) days following completion of the work, the permittee shall provide the City accurate maps and drawings certifying the "as-built" location of all equipment installed, owned, and maintained by the permittee. Definition of a Congested Right-of-Way: A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes section 216D.04, subd. 3, over a continuous length in excess of five hundred feet (500'). Page 2 of 55 The process for requesting and issuing a ROW Permit in the City is primarily electronic. The City uses the Dakota County "One Stop Roadway Permit Shop" for application submittals and issuance of right-of-way (ROW) permits. Many other Cities in Dakota County, including Apple Valley, Burnsville, Eagan, Hastings, Inver Grove Heights, Mendota Heights, Lakeville, Rosemount, South St. Paul, and West St. Paul all use the same One Stop Roadway Permit Shop. The vast majority of permit only City The permits. "Utility Right-of-Way" City the by received applications are occasionally receives applications for "Obstruction" permits which are for temporary use of the ROW. of permit ROW the preparation for outside use companies utility Many consultants submittals, with the work also being completed by an outside contractor. The City administered 131 Utility ROW Permits in 2024; the disturbance area covered by these permits varies: Company Permits Charter Communications 23 Dakota Electric Association 4 Frontier Communications 16 Hiawatha Broadband Communications 10 Metronet 1 Minnesota Energy Resources 73 Xcel Energy 4 The number of Utility ROW Permits has increased significantly over the past few years, including increasing by 35% from 2022-2024: Year Utility ROW Permits 2024 131 2023 129 2022 97 2021 66 2020 75 2019 49 2018 57 There is potential for the ROW permit activity to increase even further. We are requesting policy guidance to ensure Staff's administration of this activity is efficient and consistent with City Council expectations. Recently, the city has encountered several challenges to efficient ROW Management; including the following: 1. Permit applications have been submitted for properties outside of Farmington. 2. The communications companies are not installing the new facilities in the roadway area, which is good for the pavement conditions but further congests boulevard areas, making it that much more difficult to identify tree replanting locations. 3. Many new installations are taking place on private property in drainage and utility (D&U) easements. Property owners are generally unfamiliar with the presence and use of D&U easements for private utilities. 4. When new facilities are installed in the boulevard or D&U easements, it is highly disruptive to Page 3 of 55 property owners, most of whom have invested a significant quantity of time to maintain their lawns and landscaping. It also has the potential to damage existing nearby trees and creates obstacles for new tree planting. 5. Existing City underground sewer and water services have been hit by installers. 6. New above ground utility boxes create new obstacles to snow storage and turf maintenance. 7. Particularly for communication companies, the preparation and submittal of ROW permit applications is the responsibility of an outside vendor with little or no familiarity with local conditions and requirements, such as MS4 rules. 8. The contracted installers are not always familiar with the exact location of the easements. This has led to conduit being installed on private property. In older areas of the city, there are no easements along the front and sides of many lots. 9. Installers have altered run lines during construction. Last fall, an installer cut a large hole in a new concrete sidewalk installed as part of the 2024 Street Improvements. 10. Escrow deposits are required for all permits except installations in new subdivisions. The permits are approved with the escrow deposit as a condition; the escrows have not always been received in a timely manner. Space in the existing ROW and easements for new fiber is an ongoing concern. In some areas, the City has had two different fiber companies dig up the same boulevard area. The City needs to, and is allowed to, preserve ROW space for public use. Unfortunately, not all fiber installers have provided as-built information to the City, making it difficult to definitively identify congested areas. Fiber spacing requirements include: City Code Section 11 defines a Congested Right-of-Way and references Minnesota Statutes section 216D.04, subd. 3, over a continuous length in excess of five hundred feet (500'). Subdivision the of location the determine precise excavator the indicates 3 must underground facility, without damage, before excavating within two feet (2') of the marked location of the underground facility. A buried fiber facility, conditions permitting, must be placed at a minimum depth of 36 inches below the surface and at a maximum depth of 48 inches, unless otherwise altered by the local government unit on a case-by-case basis. (Minnesota Rules 7819.5000, subpart 1.F.). The City does not alter this requirement. Before permitting new fiber installations, there needs to be adequate space in City ROW and/or easements. Many boulevard areas, particularly on cul-de-sacs, have very limited space for new fiber due to previous installations and other City utilities. Per the City code, the City has a 90-day review wireless no but facilities" small for permit construction "utility for period application requirement for processing permit applications for non-small wireless facilities. To verify there is adequate space before issuing a permit, the City's review time will lengthen considerably unless the applicant provides this information as part of the application process as recommended below. The City's Engineering Staff resources are limited but, due to the increase in ROW permit activity, the City's one Engineering Technician has now been assigned to oversee all ROW permit administration. recommending ROW the improve to we several are Additionally, changes Management process: 1. More detailed Construction Specifications for work in City of Farmington right-of-way have been prepared and attached. o Clarifies that escrow deposits need to be received by the City before work commences. o Defines communication protocols. Notification must include a local project contact Page 4 of 55 (name, address, e-mail, telephone number) for both the contractor and the facility owner. Mailed notice must be provided three weeks in advance of the work and door hangers ten days in advance of the work. o Limits working hours from 7 am to 7 pm Monday through Friday. No work is permitted on Saturdays, Sundays, or Holidays. These restrictions do not apply to emergency work. o ambient the once fall the start in requirements season winter Includes which temperature drops below freezing and continues until the temperature warms and stays above freezing in the spring. This is typically between November 1st and April 15th, although the actual dates may vary based on weather conditions. During the winter season, no excavations will be allowed except for emergency repairs. 2. Permittees will be limited to three active permits at any given time, with a limit of 1500 feet of disturbance per permit. Disturbance is defined along the run-line of the facility, not the centerline of the roadway. For a permit to not be “active,” they will need to have completed all installation and restoration activities. 3. Historically, MERC and other utility companies have obtained ROW permits for service connections in the ROW. As the original installations were permitted, we recommend that ROW permits for service connections directly abutting the customer not be required. 4. Applicants must field locate all existing utilities, including other fiber, in their proposed work corridors and show them to scale on the application. For additional reference, an information memo on Regulating City Rights-of-Way is also attached. BUDGET IMPACT: Discussion only. ACTION REQUESTED: Discussion only. ATTACHMENTS: Right of Way Management City Code Chapter 11 LMC Regulating-City-Rights-of-Way Page 5 of 55 CHAPTER 11 RIGHT-OF-WAY MANAGEMENT SECTION: 8-11-1: Findings, Purpose, And Intent 8-11-2: Election To Manage The Public Rights-Of-Way 8-11-3: Definitions 8-11-4: Administration 8-11-5: Registration And Right-Of-Way Occupancy 8-11-6: Registration Information 8-11-7: Reporting Obligations 8-11-8: Permit Requirement 8-11-9: Permit Applications 8-11-10: Issuance Of Permit; Conditions 8-11-11: Action On Utility Construction Permit Applications 8-11-12: Permit Fees 8-11-13: Right-Of-Way Patching And Restoration 8-11-14: Joint Applications 8-11-15: Supplementary Applications 8-11-16: Other Obligations 8-11-17: Denial Of Permit 8-11-18: Installation Requirements 8-11-19: Inspection 8-11-20: Work Done Without A Permit 8-11-21: Supplementary Notification 8-11-22: Revocation Of Permits 8-11-23: Mapping Data 8-11-24: Location And Relocation Of Facilities 8-11-25: Pre-Excavation Facilities Location 8-11-26: Damage To Other Facilities 8-11-27: Right-Of-Way Vacation 8-11-28: Indemnification And Liability 8-11-29: Abandoned And Unusable Facilities 8-11-30: Appeal 8-11-31: Reservation Of Regulatory And Police Powers 8-11-32: Severability 8-11-1: 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 chapter 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. (Ord. 017-735, 12-18-2017) Page 6 of 55 8-11-2: 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 Minnesota Statutes 237.163 subd. 2(b), to manage rights-of-way within its jurisdiction. 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 2017 Minn. Laws, chapter 94, article 9, amending 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 Minn. R. 7819.0050 - 7819.9950 and Minn. R., chapter 7560 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public. (Ord. 017-735, 12-18-2017) 8-11-3: DEFINITIONS: The following definitions apply in this chapter. 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: 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. APPLICANT: Any person requesting permission to excavate or obstruct a right-of-way. CITY: The City of Farmington, Minnesota. For purposes of section 8-11-28 of this chapter, City also means the City's elected officials, officers, employees, and agents. COLLOCATE OR COLLOCATION: To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the City or other governmental unit. COMMISSION: The State Public Utilities Commission. CONGESTED RIGHT-OF-WAY: A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes section 216D.04, subd. 3, over a continuous length in excess of five hundred feet (500'). CONSTRUCTION PERFORMANCE BOND: Any of the following forms of security provided at permittee's option: Individual project bond; Cash deposit; Security of a form listed or approved under Minnesota Statutes section 15.73, subd. 3; Letter of credit, in a form acceptable to the City; Self-insurance, in a form acceptable to the City; 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. DEGRADATION: 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 Minn. R. 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 Minn. R., parts 7819.9900 to 7819.9950. DEGRADATION FEE: The estimated fee established at the time of permitting by the City to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. DELAY PENALTY: The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit. DEPARTMENT: The Department of Public Works of the City. DIRECTOR: The Director of the Department of Public Works of the City, or her or his designee. EMERGENCY: A condition that: a) poses a danger to life or health, or of a significant loss of property; or b) requires immediate repair or replacement of facilities in order to restore service to a customer. EQUIPMENT: Any tangible asset used to install, repair, or maintain facilities in any right-of-way. EXCAVATE: To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. FACILITY OR FACILITIES: Any tangible asset in the right-of-way required to provide utility service.Page 7 of 55 FIVE-YEAR PROJECT PLAN: Shows projects adopted by the City for construction within the next five (5) years. GENERAL EXCAVATION PERMIT: 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. GENERAL EXCAVATION PERMIT FEE: Money paid to the City by an applicant to cover the costs as provided in section 8- 11-12 of this chapter. HIGH DENSITY CORRIDOR: A designated portion of the public right- of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. HOLE: An excavation in the pavement, with the excavation having a length less than the width of the pavement. LOCAL REPRESENTATIVE: A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter. MANAGEMENT COSTS: The actual costs the City incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; 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 or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the City including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the City, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, chapter 123; Minnesota 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 8-11-30 of this chapter. MICRO WIRELESS FACILITY: A small wireless facility that is no larger than twenty four inches (24") long, fifteen inches (15") wide, and twelve inches (12") high, and whose exterior antenna, if any is no longer than eleven inches (11"). OBSTRUCT: To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right- of-way. OBSTRUCTION PERMIT: 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: Money paid to the City by a permittee to cover the costs as provided in section 8-11-12 of this chapter. PATCH OR PATCHING: A method of pavement replacement that is temporary in nature. A patch consists of: a) the compaction of the subbase and aggregate base, and b) the replacement, in kind, of the existing pavement for a minimum of two feet (2') beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the City's five-year project plan. PAVEMENT: Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. PERMIT: Has the meaning given "right-of-way permit" in Minnesota Statutes section 237.162. PERMITTEE: Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City under this chapter. PERSON: 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. PUBLIC RIGHT-OF-WAY: The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, or public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. REGISTRANT: Any person who: a) has or seeks to have its equipment or facilities located in any right-of-way, or b) 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. RESTORATION COST: 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. RESTORE OR RESTORATION: 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. RIGHT-OF-WAY PERMIT: Either the utility permit, excavation permit, or the obstruction permit, depending on the context, required by this chapter. RIGHT-OF-WAY USER: (A) A telecommunications right-of-way user as defined by Minnesota Statutes, section 237.162, Page 8 of 55 subd. 4; or (B) 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 UTILITY SERVICE: Includes: a) those services provided by a public utility as defined in Minnesota Statutes 216B.02, subds. 4 and 6; b) services of a telecommunications right-of-way user, including transporting of voice or data information; c) services of a cable communications systems as defined in Minnesota Statutes chapter 238; d) natural gas or electric energy or telecommunications services provided by the City; e) services provided by a cooperative electric association organized under Minnesota Statutes, chapter 308A; and f) water, and sewer, including service laterals, steam, cooling, or heating services. SMALL WIRELESS FACILITY: (A) A wireless facility that meets both of the following qualifications: 1. Each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or could fit within such an enclosure; and 2. All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than twenty eight (28) cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment; or (B) A micro wireless facility. SUPPLEMENTARY APPLICATION: An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. TELECOMMUNICATIONS RIGHT-OF-WAY USER: A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way that is used or is intended to be used for providing wireless service, or transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minnesota Statutes chapter 238, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in Minnesota Statutes section 216B.02, a municipality, a municipal gas or power agency organized under Minnesota Statutes chapter 453 and 453A, or a cooperative electric association organized under Minnesota Statutes chapter 308A, are not telecommunications right-of-way users for purposes of this chapter except to the extent such entity is offering wireless service. TEMPORARY SURFACE: The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the City's two-year plan, in which case it is considered full restoration. TRENCH: An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. TWO YEAR PROJECT PLAN: Shows projects adopted by the City for construction within the next two (2) years. UTILITY CONSTRUCTION PERMIT: The permit which, pursuant to this chapter, must be obtained before a person may install, repair, or relocate a facility, including small wireless facility, in the right-of-way as described in the permit. UTILITY CONSTRUCTION PERMIT FEE: Money paid to the City by a permittee to cover the costs as provided in section 8- 11-12 of this chapter. UTILITY POLE: A pole that is used in whole or in part to facilitate telecommunications or electric service. WIRELESS FACILITY: Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber- optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna. WIRELESS SERVICE: Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under title VI of the Communications Act of 1934, as amended, including cable service. WIRELESS SUPPORT STRUCTURE: A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the City. WIRELINE BACKHAUL FACILITY: A facility used to transport communications data by wire from a wireless facility to a communications network. (Ord. 017-735, 12-18-2017) 8-11-4: 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 the duties hereunder. (Ord. 017-735, 12-18-2017) 8-11-5: REGISTRATION AND RIGHT-OF-WAY OCCUPANCY: (A) Registration: Each person who occupies or uses, or seeks to occupy or use, the right-of-way or place any equipmentPage 9 of 55 or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease, or assignment, must register with the City. Registration will consist of providing application information. (B) Registration 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. (C) Exceptions: Nothing herein relieves a person from complying with the provisions of the Minnesota Statutes chapter 216D, Gopher One Call Law. (Ord. 017-735, 12-18-2017) 8-11-6: REGISTRATION INFORMATION: (A) Information Required: The information provided to the City at the time of registration shall include, but not be limited to: 1. Each registrant's name, Gopher One-Call registration certificate number, address and email address, if applicable, and telephone and facsimile numbers. 2. The name, address, and email address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. 3. A certificate of insurance or self-insurance: (a) 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; (b) Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the: 1) use and occupancy of the right-of- way by the registrant, its officers, agents, employees, and permittees, and 2) 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; (c) 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; (d) Requiring that the City be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; and (e) 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. (f) The City may require a copy of the actual insurance policies. (g) If the person is a corporation, a copy of the certificate is required to be filed under State law as recorded and certified to by the Secretary of State. (h) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other authorization or approval from the applicable State or Federal agency to lawfully operate, where the person is lawfully required to have such authorization or approval from said commission or other State or Federal agency. (B) Notice Of Changes: The registrant shall keep all of the information listed above current at all times by providing to the City information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. (Ord. 017-735, 12-18-2017) 8-11-7: REPORTING OBLIGATIONS: (A) 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: 1. The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this section, a "next-year project"); and 2. To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five (5) 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. (B) Additional Next-Year Projects: Notwithstanding the foregoing, the City will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the City if the registrant has used commercially reasonable efforts to anticipate and plan for the project. (Ord. 017-735, 12-18-2017) 8-11-8: PERMIT REQUIREMENT: (A) Permit Required: Except as otherwise provided in this Code, no person may obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained the appropriate right-of-way permit from the City to Page 10 of 55 do so. 1. Utility Construction Permit: A utility construction permit is required by a registrant to install, repair, or relocate a facility, erect or install a wireless support structure, collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of- way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. 2. General Excavation Permit: A general 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. A general excavation permit is not required if a person already possesses a valid utility construction permit for the same project. 3. 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 utility construction or general excavation permit for the same project. (B) Permit Extensions: No person may excavate, place a utility service, or obstruct the right-of-way beyond the date or dates specified in the permit unless: 1) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and 2) a new permit or permit extension is granted. (C) Delay Penalty: In accordance with Minn. Rule 7819.1000 subp. 3 and notwithstanding subsection (B) 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. (D) 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. (E) Routine Maintenance Activities: Persons performing maintenance activities that obstruct the right-of-way shall provide the City advance notification of these activities. An obstruction permit is required for any maintenance activity that obstructs the roadway or pedestrian facilities within the right- of-way. (F) Special Exception For Small Wireless Facilities: As required by State law, a person is not required to pay a permit fee, obtain a right-of-way permit, or enter into a small wireless facility collocation agreement solely in order to conduct any of the following activities: 1. Routine maintenance of a small wireless facility; 2. Replacement of a small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or 3. Installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes. Persons that perform these excepted activities shall provide the City advance notification of these activities if the work will obstruct a public right-of-way. An obstruction permit is required for any work that obstructs the roadway or pedestrian facilities. (Ord. 017-735, 12-18-2017) 8-11-9: PERMIT APPLICATIONS: (A) 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: 1. Registration with the City pursuant to this chapter. 2. Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. 3. Payment of money due the City for: (a) Permit fees, estimated restoration costs, and other management costs; (b) Prior obstructions or excavations; (c) 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; (d) Franchise fees or other charges, if applicable. 4. Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount equal to at least one hundred ten percent (110%) of the amount owing. (Ord. 017-735, 12-18-2017) 8-11-10: ISSUANCE OF PERMIT; CONDITIONS: (A) Permit Issuance: If the applicant has satisfied the requirements of this chapter, the City shall issue a permit. (B) Conditions: The City may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current Page 11 of 55 use. In addition, a permittee shall comply with all requirements of local, State, and Federal laws, including but not limited to Minnesota Statutes sections 216D.01 - .09 (Gopher One Call Excavation Notice System) and Minn. R., chapter 7560. (C) Small Wireless Facility Conditions: In addition to subsection (B) of this section, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right- of-way, shall be subject to the following conditions: 1. A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. 2. No new wireless support structure installed within the right- of-way shall exceed fifty feet (50') in height without the City's written authorization, provided that the City may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding fifty feet (50') in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. 3. No wireless facility may extend more than ten feet (10') above its wireless support structure. 4. Where an applicant proposes to install a new wireless support structure in the right-of-way, the City may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of- way. 5. Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the City may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure. 6. Where an applicant proposes to replace a wireless support structure, the City may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. (D) Small Wireless Facility Agreement: A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the City, or any other City asset in the right-of-way, after the applicant has executed a standard small wireless facility collocation agreement with the City. The standard collocation agreement may require payment of the following: 1. Up to one hundred fifty dollars ($150.00) per year for rent to collocate on the City structure; 2. Twenty five dollars ($25.00) per year for maintenance associated with the collocation; 3. A monthly fee for electrical service as follows: (a) Seventy three dollars ($73.00) per radio node less than or equal to one hundred (100) maximum watts; (b) One hundred eighty two dollars ($182.00) per radio node over one hundred (100) maximum watts; or (c) The actual costs of electricity, if the actual costs exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required utility construction permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a utility construction permit does not supersede, alter or affect any then-existing agreement between the City and applicant. (Ord. 017-735, 12-18-2017) 8-11-11: ACTION ON UTILITY CONSTRUCTION PERMIT APPLICATIONS: (A) Deadline For Action: The City shall approve or deny a utility construction permit application for small wireless facilities within ninety (90) days after filing of such application. The utility construction permit, and any associated building permit application, shall be deemed approved if the City fails to approve or deny the application within the review periods established in this section. (B) Consolidated Applications: An applicant may file a consolidated utility construction permit application for small wireless facilities addressing the proposed collocation of up to fifteen (15) small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application: 1. Are located within a two-mile radius; 2. Consist of substantially similar equipment; and 3. Are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the City may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (C) Tolling Of Deadline: The 90-day deadline for action on a utility construction permit application for small wireless facilities may be tolled if: 1. The City receives applications from one or more applicants seeking approval of permits for more than thirty (30) small wireless facilities within a seven-day period. In such case, the City may extend the deadline for all such applications by thirty (30) days by informing the affected applicants in writing of such extension. Page 12 of 55 2. The applicant fails to submit all required documents or information and the City provides written notice of incompleteness to the applicant within thirty (30) days of receipt of the application. Upon submission of additional documents or information, the City shall have ten (10) days to notify the applicant in writing of any still-missing information. 3. The City and a small wireless facility applicant agree in writing to toll the review period. (Ord. 017-735, 12-18-2017) 8-11-12: PERMIT FEES: (A) Utility Construction Permit Fee: The City shall impose a utility construction permit fee in an amount sufficient to recover: 1. Management costs; and 2. Degradation costs and City engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (B) General Excavation Permit Fee: The City shall impose a general excavation permit fee in an amount sufficient to recover the following costs: 1. The City management costs; 2. Degradation costs, if applicable. (C) Obstruction Permit Fee: The City shall impose an obstruction permit fee in an amount sufficient to recover the City management costs. (D) Payment Of Permit Fees: No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The City may allow applicant to pay such fees within thirty (30) days of billing. (E) Nonrefundable: Permit fees that were paid for a permit that the City has revoked for a breach as stated in section 8- 11-22 of this chapter are not refundable. (F) Application To Franchises: Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. (Ord. 017-735, 12-18-2017) 8-11-13: RIGHT-OF-WAY PATCHING AND RESTORATION: (A) Timing: The work to be done under the utility construction and general 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 8-11-16 of this chapter. (B) Patch And Restoration: Permittee shall patch its own work, restore the right-of-way and assume all costs therefor unless otherwise agreed upon. 1. City Restoration: If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, during the twenty four (24) months following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, all costs associated with correcting the defective work. 2. Permittee Restoration: If the permittee restores the right-of- way itself, it shall at the time of application for an excavation permit post a construction performance security specified by the City. If, within twenty four (24) months after completion of restoration of the right-of-way, the City determines that the right-of-way has been properly restored, the construction performance surety shall be released. (C) Standards: The permittee shall perform excavation, backfilling, patching, and restoration according to the standards and with the materials specified by the City and shall comply with Minn. Rule 7819.1100. (D) Duty To Correct Defects: The permittee shall guarantee its work and restoration of the right-of-way and maintain it for twenty four (24) months following its completion. The obligation is limited to twelve (12) months for plantings and turf establishment. During this twenty four (24) month period, the permittee shall, upon notification from the City, correct all defects in patching or restoration to the extent necessary, using the method required by the City. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under section 8-11-16 of this chapter. (E) Failure To Restore: If the permittee fails to restore the right-of-way in the manner and to the condition required by the City, or fails to satisfactorily and timely complete all restoration required by the City, the City at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the City may exercise its rights under the construction performance bond. (Ord. 017-735, 12-18-2017) 8-11-14: JOINT APPLICATIONS: (A) Joint Application: Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. (B) Shared Fees: Registrants who apply for permits for the same obstruction or excavation, which the City does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrantsPage 13 of 55 must agree among themselves as to the portion each will pay and indicate the same on their applications. (C) With City Projects: Registrants who join in a scheduled obstruction or excavation performed by the City, whether or not it is a joint application by two (2) 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. (Ord. 017-735, 12-18-2017) 8-11-15: SUPPLEMENTARY APPLICATIONS: (A) Limitation On Area: A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area: 1) make application for a permit extension and pay any additional fees required thereby, and 2) be granted a new permit or permit extension. (B) Limitation On Dates: A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. (Ord. 017-735, 12-18-2017) 8-11-16: OTHER OBLIGATIONS: (A) Compliance With Other Laws: Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the City or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, State and Federal laws, including but not limited to Minnesota Statutes sections 216D.01 - .09 (Gopher One Call Excavation Notice System) and Minn. R., chapter 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right- of-way pursuant to its permit, regardless of who does the work. (B) Prohibited Work: Except in an emergency, and with the approval of the City, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. (C) Interference With Right-Of-Way: A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may 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. Traffic control shall conform to the Minnesota Manual On Uniform Traffic Control Devices (MMUTCD), its field manual, and any written directions from the City. (D) Trenchless Excavation: As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to horizontal directional drilling, shall follow all requirements set forth in Minnesota Statutes chapter 216D and Minn. R., chapter 7560 and shall require potholing or open cutting over existing underground utilities before excavating. (Ord. 017-735, 12-18-2017) 8-11-17: DENIAL OF PERMIT: (A) Reasons For Denial: The City may deny a permit for failure to meet the requirements and conditions of this chapter or if the City determines that the denial is necessary to protect the health, safety, and welfare of the public or when necessary to protect the right-of-way and its current use. The City may withhold issuance of a permit until conditions of previous permit are complied with. (B) Procedural Requirements: The denial of a permit shall be made in writing documenting the basis for denial within three (3) business days of the decision to deny the permit. If a permit application is denied, the telecommunications right-of- way user may cure the deficiencies identified by the City and resubmit its application. If the telecommunications right-of-way user resubmits the application within thirty (30) days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The City must approve or deny the revised application within thirty (30) days after the revised application is submitted. (Ord. 017-735, 12-18-2017) 8-11-18: INSTALLATION REQUIREMENTS: The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minn. R. 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes, sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minn. R., chapter 7560 and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the City in the applicable permits and/or agreements referenced in subsection 8-11- 23(B) of this chapter. (Ord. 017-735, 12-18-2017) 8-11-19: INSPECTION: (A) Notice Of Completion: When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance with Minn. Rule 7819.1300. (B) Site Inspection: Permittee shall make the work site available to the City and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (C) Authority Of Director: 1. At the time of inspection, the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety, or well-being of the public.Page 14 of 55 2. The Director may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the Director that the violation has been corrected. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to section 8-11-22 of this chapter. 3. The cost of any action required by the City shall be paid by the permittee. (Ord. 017-735, 12-18-2017) 8-11-20: WORK DONE WITHOUT A PERMIT: (A) Emergency Situations: Each registrant shall immediately notify the Director of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two (2) business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. If the City becomes aware of an emergency regarding a registrant's facilities, the City will attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. (B) Non-Emergency Situations: Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all the other fees required by this 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. (Ord. 017-735, 12-18-2017) 8-11-21: 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. (Ord. 017-735, 12-18-2017) 8-11-22: REVOCATION OF PERMITS: (A) 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: 1. The violation of any material provision of the right-of-way permit. 2. 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. 3. Any material misrepresentation of fact in the application for a right-of-way permit. 4. 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. 5. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to section 8-11-19 of this chapter. 6. Failure to pay any required costs, fees, or charges billed by the City. (B) Written Notice Of Breach: If the City determines that the permittee has committed a substantial breach of a term 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. (C) Response To Notice Of Breach: Within twenty four (24) hours of receiving notification of the breach, permittee shall provide the City with a plan, acceptable to the City, that 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. (D) Revocation: Revocation of a permit shall be in writing documenting the basis for revocation. The City must notify a telecommunications right-of-way user in writing within three (3) business days of the decision to revoke a permit. (E) Reimbursement Of City Costs: If a permit 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. (F) Revoked Permit: If the City revokes a permit for breach of this chapter, the permittee will not be allowed to collocate, obstruct or excavate within the City right-of-way until the breach situation is corrected to the satisfaction of the City. (Ord. 017-735, 12-18-2017) 8-11-23: MAPPING DATA: (A) Information Required: Each registrant and permittee shall provide mapping information required by the City in accordance with Minn. R. 7819.4000 and 7819.4100. Within ninety (90) days following completion of any work pursuant to a Page 15 of 55 permit, the permittee shall provide the Director accurate maps and drawings certifying the "as-built" location of all equipment installed, owned, and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the City's electronic mapping system, when practical or as a condition imposed by the Director. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder's registration. (B) Service Laterals: All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minn. R. 7560.0150, subp. 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the Director reasonably requires it. Permittees or their subcontractors shall submit to the Director evidence satisfactory to the Director of the installed service lateral locations. Compliance with this subsection, subsection 8-11-24(B) of this chapter, and with applicable Gopher State One Call law and Minnesota Rules governing service laterals installed after Dec. 31, 2005, shall be a condition of any City approval necessary for: 1. Payments to contractors working on a public improvement project, including those under Minnesota Statutes chapter 429, and 2. City approval under development agreements or other subdivision or site plan approval under Minnesota Statutes chapter 462. The Director shall reasonably determine the appropriate method of providing such information to the City. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or future permits to the offending permittee or its subcontractors. (Ord. 017-735, 12-18-2017) 8-11-24: LOCATION AND RELOCATION OF FACILITIES: (A) Compliance: Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minn. R. 7819.3100, 7819.5000, and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. 1. Undergrounding: Unless otherwise agreed in a franchise or other agreement between the applicable right-of-way user and the City, facilities in the right-of-way must be located or relocated and maintained underground in accordance with this Code. (B) Corridors: The City may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facility that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the City involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the City shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs, and hardship to the registrant. (C) Limitation Of Space: To protect the health, safety, and welfare of the public, or when necessary to protect the right-of- way and its current use, the City shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of- way, and future City plans for public improvements and development projects which have been determined to be in the public interest. (Ord. 017-735, 12-18-2017) 8-11-25: PRE-EXCAVATION FACILITIES LOCATION: In addition to complying with the requirements of Minnesota Statutes 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 inches (20") 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. (Ord. 017-735, 12-18-2017) 8-11-26: 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 damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrant's facilities. (Ord. 017-735, 12-18-2017) 8-11-27: RIGHT-OF-WAY VACATION: If the City vacates a right-of-way that contains the facilities of a registrant, the registrant's rights in the vacated right-of- way are governed by Minn. R. 7819.3200. (Ord. 017-735, 12-18-2017) 8-11-28: INDEMNIFICATION AND LIABILITY: By registering with the City, or by accepting a permit under this chapter, a registrant or permittee agrees to defend and indemnify the City in accordance with the provisions of Minn. Rule 7819.1250. (Ord. 017-735, 12-18-2017) 8-11-29: ABANDONED AND UNUSABLE FACILITIES: (A) Discontinued Operations: A registrant who has determined to discontinue all or a portion of its operations in the City Page 16 of 55 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. (B) 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. (Ord. 017-735, 12-18-2017) 8-11-30: APPEAL: A right-of-way user that: a) has been denied registration; b) has been denied a permit; c) has had a permit revoked; d) believes that the fees imposed are not in conformity with Minnesota Statutes section 237.163, subd. 6; or e) disputes a determination of the Director regarding subsection 8-11-23(B) of this chapter may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. (Ord. 017- 735, 12-18-2017) 8-11-31: RESERVATION OF REGULATORY AND POLICE POWERS: A permittee's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances as necessary to protect the health, safety, and welfare of the public. (Ord. 017-735, 12-18-2017) 8-11-32: 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. (Ord. 017-735, 12-18-2017) FA192 8-12.txt Page 17 of 55 This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.lmc.org 10/22/2020 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2020 All Rights Reserved INFORMATION M EMO Regulating City Rights of Way Learn why cities should manage their streets and sidewalks, boulevards, and ditches by enacting a right-of-way ordinance. Understand the powers in state law cities can use by adopting an ordinance, including the authority to regulate utilities and others using rights of way and the ability to better meet utility service lateral locate responsibilities. RELEVANT LINKS: I. Why manage your rights-of-way Minn. Stat. § 237.162, subd. 3. The right-of-way (ROW) includes the street and area on either side of the street used to support the use of the street (for example, the sidewalks, shoulders, and ditches) and by statute includes cartways, bicycle lanes, other dedicated rights-of-way for travel purposes, and utility easements of local governments. It also includes the area below and above the roadway. Minn. Stat. § 237.163, subd. 2 (b). Minn. R. 7819.0050 Right of Way Regulation, LMC Model Ordinance. See Section 1.02. Cities hold rights-of-way as an asset in trust for its citizens. In order to properly care for and manage that important public asset, cities should adopt ordinances regulating the use of and access to the ROW. Adopting a comprehensive right-of-way management ordinance gives cities full authority to take advantage of powers granted to cities under state law (Minnesota ROW law). Many of the rights available to cities do not apply automatically. Cities must “opt in” by exercising the authority given to them in state law. A recital in the preamble of the ordinance is necessary, and is included in the model right-of-way ordinances provided. The adoption of a ROW ordinance affords cities significant ROW management rights, for instance: Right of Way Regulation, LMC Model Ordinance: §1.09 subd. 3 §1.10 (c) §1.13 subd. 6 §1.18 §1.20 subd. 3(a) • Imposing delay penalties for utility failure to meet deadlines. • Listing the range of fees chargeable. • Allowing both permit fees and franchise fees (see also Minn. Stat. § 216B.36). • Allowing the denial of a permit. • Ordering the immediate cessation of ROW work, in most instances. II. State statute and state agency rules Minn. Stat. §§. 237.162-.163. U.S. West Communications v. Redwood Falls, 558 N.W.2d 512 (Minn. App. 1997). Following litigation between U.S. West and the City of Redwood Falls in 1997, related to the authority of cities to regulate telecommunication companies using a city’s right-of-way, the Minnesota Legislature adopted comprehensive authority for cities to manage their ROWs (MN ROW law). Page 18 of 55 RELEVANT LINKS: League of Minnesota Cities Information Memo: 10/22/2020 Regulating City Rights of Way Page 2 That legislation resulted from extensive negotiations and discussion between the League of Minnesota Cities and representatives of the public utilities industry. Minn. R. ch.7819. One of the key elements of the legislation was a requirement for the Minnesota Public Utilities Commission (MPUC) to adopt ROW rules to help implement aspects of the legislation. The MPUC adopted those rules in 1998 and the model ordinances provided incorporate many key provisions of those rules. Minn. Stat. § 237.162. Minn. Stat. § 237.163. LMC information memo, Cell Towers, Small Cell Technologies & Distributed Antenna Systems. The Minnesota Legislature, in the 2017 regular session, amended Minnesota’s ROW law. The amendments made it clear that wireless providers fall within the definition of “telecommunications right-of-way users” entitled to access the right-of-way. The 2017 amendments also created a separate permitting structure for deployment of small wireless technology. III. Features and use of models A. Model ROW ordinance U.S. West Communications v. Redwood Falls, 558 N.W.2d 512 (Minn. Ct. App. 1997). A model ordinance originally was developed in 1996 as a cooperative effort between the League and the City Engineers Association of Minnesota. It was adopted, in part, in response to litigation arising from pressures being placed on ROWs by an increasing set of municipal utilities. Right of Way Regulation, LMC Model Ordinance Minn. Stat. § 237.162. Minn. Stat. § 237.163. In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Declaratory Ruling and Third Report and Order, WT Docket No. 17- 79, WC Docket No. 17-84, 2018 WL 4678555, (rel. September 27, 2018). The model imposed comprehensive reasonable regulations on the placement and maintenance of equipment currently within the ROW or to be placed there in the future. Under the regulatory scheme, persons disturbing and obstructing the ROW bear a fair share of the financial responsibility for its ongoing integrity. After the 2017 amendments, the ordinance underwent additional modifications to accommodate wireless providers and created a streamlined deployment process for the collocations of small wireless facilities on most structures deemed wireless support structures located within the ROW (an exemption exists for structures owned, operated or served by a municipal electric). Finally, the ordinance was amended an additional time to remain consistent with current FCC rulings. Because of the complexities of the Minnesota ROW law, and the specific exemption for collocations on structures owned, operated or served by municipal electrics, cities should work with their city attorneys in amending or drafting a ROW management ordinance, or a separate Telecom ROW user ordinance. Right of Way Regulation – Summary Publication, LMC Model Ordinance. Minn. Stat. § 412.191, subd. 4. The model ordinance is quite lengthy. The League and its partners also developed a summary form of the ordinance, which can be used when following statutory guidelines for summary publication. Page 19 of 55 RELEVANT LINKS: League of Minnesota Cities Information Memo: 10/22/2020 Regulating City Rights of Way Page 3 B. Mark and locate Minn. R. 7560.0375. The model ROW ordinance also complies with the rules, adopted in 2005, that require the locating and marking of utility service laterals located within a ROW. The Minnesota Office of Pipeline Safety adopted these rules in response to an increased use of “trenchless excavation” by utility installers. The combination of unmarked utility service laterals, combined with trenchless excavation technology, was thought to increase public safety risks. The adopted rules place a heightened burden on cities to make sure that new installations of sewer, water, and other municipal utilities are locatable. The rules further provide additional incentives for cities to adopt more rigorous regulation of contractors undertaking trenchless excavation in the ROW. C. Permits and fees Right of Way Regulation, LMC Model Ordinance, §§ 1.09 - .12. Minn. R. 7819.1000. Minn. Stat. §. 237.163, subd. 6. City of Roseville sample, Right of Way Permit Applications and Fee Schedule. City of LeSeuer sample, Right of Way Permit Application (general ROW permit). The model ordinance requires a permit to obstruct or excavate in any right- of-way. A city adopting this requirement also has to make its permit fee schedule available to the public. Cities must establish its fee schedule in advance and these fees allow for recovery of the city’s actual costs incurred in managing the public right-of-way. Other requirements exist concerning allocation of permit fees among users and the use of delay penalties. Additionally, before the 2017 legislative session, the law previously did not address or limit cities’ ability to charge rights-of-way users rent for placing equipment (called collocation) on city owned structures. Common practice involved cities charging rent at a negotiated rate. City of Bloomington sample, Small Cell Pole Attachment Application and Permit. With the 2017 amendments, cities can continue to charge rent; however, statutory caps now limit the amount of rent allowed for placing small wireless facilities on city owned “wireless support structures” (as defined in statute). In addition, recent FCC rulings have placed additional restrictions on rent and fees related to wireless communication permits. In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Declaratory Ruling and Third Report and Order, WT Docket No. 17- 79, WC Docket No. 17-84, 2018 WL 4678555, (rel. September 27, 2018). Again, if a municipal utility owns, operates or serves the structure upon which the requested collocation will go, a statutory exemption applies allowing rent to be negotiated and not capped. D. Undergrounding Right of Way Regulation, LMC Model Ordinance, Section 1.25. The League recommends cities discuss with their city attorneys how to best regulate the underground placement of facilities (amenable to undergrounding). Page 20 of 55 RELEVANT LINKS: League of Minnesota Cities Information Memo: 10/22/2020 Regulating City Rights of Way Page 4 Minn. Stat. § 237.162. Minn. Stat. § 237.163. Most often, undergrounding ordinances, if separate, assume that the city already has adopted a right-of-way ordinance, so definitions and introductory language from the right-of-way ordinance often are omitted. Much of the wireless providers’ equipment does not work underground, which could create issues in light of the 2017 Minnesota Right-of-Way law amendments that require access to and use of the right-of-way by wireless providers. As a result, cities should seek advice of its city attorney on how to approach small cell deployment in light of other undergrounding requirements. Undergrounding of Utility Facilities in the Right of Way, LMC Model Ordinance. One undergrounding ordinance option, in light of the changes to state law, generally requires undergrounding, but allows for exceptions, such as when the circumstances cause undergrounding to be impractical. This type of ordinance best accommodates small cell deployment in primarily undergrounded cities. E. High density corridor designation Minn. R. 7819.0200. The only provision in the ROW ordinance that has a record of non-use by any municipality is the “high density corridor” designation defined in the ROW ordinance. Because a Minnesota Rule requires an extensive hearing process before a ROW area can be designated as a high-density corridor, there has been no use of the rule to date. Right of Way Regulation, LMC Model Ordinance. See Section 1.18. With the anticipated significant demand for ROW space for redundant telecommunication, overcrowding may arise. Cities should first attempt to address overcrowding issues under a city’s general ROW management powers in a ROW or a Telecommunications ROW ordinance, if possible. IV. Further assistance Kyle Hartnett LMC Staff Attorney 651.215.4084 khartnett@lmc.org If explanation is needed for any provision, or if there are any questions on any of the provisions of these model ordinances, please contact the League of Minnesota Cities. Page 21 of 55 COUNCIL WORK SESSION AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Jared Johnson, Planning Coordinator Department: Community Development Subject: GreenStep Cities Program Overview - 30 mins Meeting: Council Work Session - Apr 07 2025 INTRODUCTION: The City of Farmington voluntarily joined the GreenStep program in 2011. The program is designed to help Cities and tribal nations achieve their sustainability and quality of life goals by implementing best environmental transportation, use, land lighting, buildings to: related practices and management, and resilient economic and community development. Each of the 29 best practices (seen below) come with specific actions. Cities meet a best practice once they achieve a number of their actions. DISCUSSION: There are (5) five steps within the program (as seen below) and, today, Farmington is at Step 2. Farmington received Step 1 recognition by joining the program in May of 2011 and then proceeded to report and implement 9 best practices to receive Step 2 recognition in June of 2012. Several actions were reported between 2012-2016, but the City of Farmington was deemed "inactive" in 2019 due to a lull in reporting of successful actions, Staffing changes, and a lack of dedicated resources. In April of 2023, Staff reached out to program leaders to reactivate our participation. Staff conducted an in-depth review to see if the City has met any actions since the last report in 2016. From this review, it was determined and reported that the City met seven additional best practices to bring the total to 16 out of the 29 best practices. The City, however, is still at Step 2 Page 22 of 55 even with the newly added best practices. For comparison, surrounding Cities such as Apple Valley, Burnsville, Eagan, and Inver Grove Heights are at Step 5. Lakeville is at Step 3, and Rosemount is at Step 2. One of the main sustainability goals in the 2040 Comprehensive Plan is for the City to achieve Step 3 recognition. Staff has been working to identify and prioritize what is needed for the City to receive Step 3 recognition and will be pursuing actions that will help us accomplish this goal. ACTION REQUESTED: Staff will share more information about the GreenStep program and its process, highlight what the City has accomplished, and outline the best practices and actions the City can take to achieve Step 3 here: found be can actions and best of list complete The recognition. practices https://greenstep.pca.state.mn.us/ Attached is the most recent City of Farmington GreenStep Assessment. This assessment outlines all best practices and their actions, including what the City of Farmington has accomplished. ATTACHMENTS: Farmington GreenStep Assessment Page 23 of 55 1 Assessment 2024 City of Farmington: Category A City Table of Contents About the Program .............................................................................................................................................................. 1 Information and GreenStep Status ...................................................................................................................................... 2 Notable Actions .......................................................................................................................................................... 2 Step Advancement Guidelines ............................................................................................................................................. 3 Best Practice Actions: .......................................................................................................................................................... 4 Buildings and Lighting (BPs 1-5) .................................................................................................................................. 4 Land Use (BPs 6-10) .................................................................................................................................................... 9 Transportation (BPs 11-14) ....................................................................................................................................... 14 Environmental Management (BPs 15-23) ................................................................................................................ 18 Resilient Economic and Community Development (BPs 24-29) ............................................................................... 27 About the Program The GreenStep Cities program is a five-step program for cities and tribal nations to work towards sustainability. There are 29 best practices which each provide required and recommended actions. Recommended actions are placed into the following categories: buildings and lighting, land use, transportation, environmental management, and resilient economic and community development. Each action submitted by a city receives a ranking based on a three-star system. Assessment Date: 12/20/2023 Assessment completed by: Kristin Mroz Page 24 of 55 2 Information and GreenStep Status Preliminary submission for city review: Yes Final April 1st recommendation to League of MN Cities: No All required BPs done for Step 3?: No Step 3 BP distribution requirement met?: No Recommend June 2024 recognition Step 3?: No Current Distribution of BP Categories: Star-Rating of Actions: Notable Actions ● Energy System Saver program from Xcel Energy allowed City Hall and Rambling River Center cooling systems to be cycled on and off every 15 minutes during peak demand times. ● City Comprehensive Plan updates occur every 2-3 years. ● Moved City Hall to downtown when building in 2006 to facilitate downtown business prosperity and create a walkable downtown. ● City Fleet fuel usage and costs monitored and reported monthly. ● Paperless city council meetings resulted in eliminating over 162,000 copies over five years. ● City-owned and -operated residential waste and recycling service includes volume-based pricing. ● Green Steps Committee formed to report to city council and community on implementation of program best practices. ● Recreational fires are not permitted when a burning ban or air quality alert is in effect and waste and yard waste are prohibited materials. ● Farmland is preserved through an Agricultural Zoning District and Agricultural Preserve Program. 18% 27% 12% 33% 10% Buildings & Lighting Land Use Transportation Environmental Management Resilient Economic & Community Development The star-rating system represents the rating of the city’s action, where Not Rated (NR) is an uncompleted action, 1- star represents basic completion, 2-star is full completion, and 3-star is the maximum completion of the given action. See all city-reported actions at https://greenstep.pca.state.m n.us/city-detail/12026 Joined: May 2011 Status: Step 2 Total Best Practices (BPs) Complete: 16 Total BP Actions Complete: 49 Farmington’s GreenStep Page 61%21% 18% ★ ★★ ★★★ Page 25 of 55 3 Step Advancement Guidelines Guidelines for Step 2: As a Category A city, to be recognized as a Step 2 GreenStep City, ANY 8 Best Practices must be reported. Any 8 Best Practices Guidelines for Step 3: As a Category A city, to be recognized as a Step 3 GreenStep City, the following must be reported, at minimum: Any 16 Best Practices Public Buildings: 1.1, 1.2, and any one additional action from 1.3-1.7 Buildings & Lighting: any one additional Buildings & Lighting BP (2-5) Comprehensive, Climate & Energy Plans: 6.1 and 6.2 Land Use: any one additional Land Use BP (7-10) Living & Complete Streets: 11.1 and any two additional actions from 11.1-11.6 Mobility Options: any two actions from 12.1-12.6 Sustainable Purchasing: 15.1 and any one additional action from 15.2-15.8 Community Forests & Soils: any two actions from 16.1-16.7 Stormwater Management: any one action from 17.1-17.6 Environmental Management : any one additional Environmental Management BP (18-23) Benchmarks & Community Engagement: 24.1 and 24.2 Green Business Development: any two actions from 25.1-25.7 Climate Adaptation & Community Resilience: 29.1 at a 2- or 3-star rating Guidelines for Steps 4 and 5: Steps 4 and 5 focus on metrics – what are the outcomes of all of the actions that the city has implemented over time? ● Step 4: Measure and report a minimum number of core and optional metrics for the previous calendar year or the most recent available data. o Category A communities: In addition to the CORE metrics, include 5 additional metrics of choice. ● Step 5: Demonstrate improvement three eligible metrics measured in Step 4, from one data year to the next. o Category A, B, and C communities: Improve upon 3 eligible metric elements. Learn more about Step 2 Learn more about Step 3 Learn more about Steps 4 & 5 Page 26 of 55 4 Best Practice Actions: Detailed Descriptions Buildings and Lighting BP 1: Efficient Existing Public Buildings BP 2: Efficient Existing Private Buildings BP 3: New Green Buildings BP 4: Efficient Outdoor Lighting and Signals BP 5: Building Redevelopment Best Practice 1: Efficient Existing Public Buildings BP 1 Completed? NO Total actions completed: 1 Actions to Complete BP 1: 1.1, 1.2, and any one additional action Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 1.1 Choose an item. Enter/update building information and monthly usage data into the MN B3 Benchmarking database. 1.2 ★★★ Make no/low cost indoor lighting and operational changes in city- owned/school buildings. T-8s (50% energy cut; 2.5 year payback); occupancy sensors; reprogramming HVAC; automatic setback thermostats; Xcel Energy System Saver program; LEDs at tennis courts, parking lot 7/15/2016 1.3 Choose an item. Invest in larger energy efficiency projects. 1.4 Choose an item. Implement IT efforts and city employee engagement to reduce plug loads, building energy use and workflow efficiency. 1.5 Choose an item. Meet the SB 2030 energy standard or qualify under a green building or energy framework. 1.6 Choose an item. Improve operations and maintenance of city-owned/school buildings and leased buildings. Page 27 of 55 5 1.7 Choose an item. Install one or more of the following: -A ground-source, closed loop geothermal system. -A district energy/microgrid system. -A rainwater harvesting system Best Practice 2: Efficient Existing Private Buildings BP 2 Completed? YES Total actions completed: 2 Actions to Complete BP 2: Any two actions Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 2.1 ★★★ Create or participate in a program to promote energy and water efficiency. Water conservation communications; Water Efficiency Rebate program started 2022 8/8/2023 2.2 Choose an item. Integrate green building and EV charging best practices information and assistance into the building permit process. 2.3 Choose an item. Implement an energy rating/disclosure policy for residential/commercial buildings. 2.4 Choose an item. Describe energy/water efficiency outcomes and other green building practices at local businesses and not- for-profit organizations. 2.5 ★★★ Create one of the following: -Water-wise landscaping ordinance/ guidance -WaterSense purchasing program -Guidance on rainwater harvesting and home water softener use Odd/even watering policy year round; no water between noon and 6pm; tiered rate system for water and sewer utilities; Water conservation communications; Water Efficiency Rebate program started 2022 8/8/2023 2.6 Choose an item. Provide a financial or other incentive to private parties who add energy/sustainability improvements, meet the SB 2030 energy standard, Page 28 of 55 6 or renovate using a green building or energy framework. 2.7 Choose an item. Customize a model sustainable building renovation policy that includes the SB 2030 energy standard and adopt the language to govern private renovation projects. Best Practice 3: New Green Buildings BP 3 Completed? NO Total actions completed: 0 Actions to Complete BP 3: Any one action from 3.1-3.2 and any one action from 3.3-3.5 Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 3.1 Choose an item. Require by city policy that new city- owned buildings be built using the SB 2030 energy standard and/or a green building framework. 3.2 Choose an item. Work with the local school district to ensure that future new schools are built using the SB 2030 energy standard and/or a green building framework. 3.3 Choose an item. Adopt a sustainable building policy for private buildings; include the SB 2030 energy standard; adopt language governing new development projects. 3.4 Choose an item. Provide a financial or other incentive to private parties who build new buildings that utilize the SB 2030 energy standard and/or a green building framework. 3.5 Choose an item. Adopt environmentally preferable covenant guidelines for new common interest communities addressing sustainability. Page 29 of 55 7 Best Practice 4: Efficient Outdoor Lighting and Signals BP 4 Completed? YES Total actions completed: 3 Actions to Complete BP 4: Any two actions (including one from 4.5-4.8) Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 4.1 Choose an item. Require energy efficient, Dark-Sky compliant new or replacement outdoor lighting fixtures on city- owned/private buildings/facilities. 4.2 ★ Purchase LEDs for all future street lighting and traffic signals. Traffic lights 100% LED, future traffic and street lights will be LED 11/9/2023 4.3 Choose an item. Replace city street lighting with Dark Sky-compliant LEDs, modifying any city franchise/utility agreement and adding smart grid attributes. 4.4 Choose an item. Coordinate traffic signals; optimize signal timing to minimize car idling at intersections yet maintain safe and publicly acceptable vehicle speeds. 4.5 Choose an item. Use LED/solar-powered lighting for a flashing sign or in a street/parking lot/park project. 4.6 ★★ Relamp/improve exterior building lighting for city-owned buildings/ facilities with energy efficient, Dark- Sky compliant lighting. LEDs replaced during maintenance; 100% LED at Fire Station 1 parking, Fire Station 2 exterior and parking, Police Station exterior and parking, Senior Center exterior 8/28/2023 4.7 Choose an item. Replace city-owned parking lot/ramp lighting with Dark-Sky compliant, energy efficient, automatic dimming lighting technologies. 4.8 ★★★ Replace city's existing traffic signal indications with LEDs. All traffic signals have been replaced with LED 8/15/2023 Page 30 of 55 8 Best Practice 5: Building Redevelopment BP 5 Completed? YES Total actions completed: 3 Actions to Complete BP 5: Any one action Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 5.1 ★ Adopt an historic preservation ordinance/ regulations and encourage adaptive reuse. Heritage Preservation ordinance adopted 1999 for buildings that are 50 years or older 3/14/2012 5.2 Choose an item. Implement the Minnesota Main Street model for commercial revitalization. 5.3 ★★ Plan for reuse of large-format retail buildings, or work with a local school, church or commercial building to either add-on space or repurpose space into new uses. 2022 charter school renovation in vacated 2019 Family Fresh 8/15/2023 5.4 Choose an item. Create/modify a green residential remodeling assistance/financing program to assist homeowners in adding space or sustainable features. 5.5 ★ Adopt development/design standards and programs that facilitate infill, redevelopment, and adaptable buildings. Immanuel Dental built on vacant lot in 2011 4/9/2012 Page 31 of 55 9 Land Use BP 6: Comprehensive, Climate and Energy Plans BP 7: Resilient City Growth BP 8: Mixed Uses BP 9: Efficient Highway and Auto-Oriented Development BP 10: Design for Natural Resource Conservation Best Practice 6: Comprehensive, Climate and Energy Plans BP 6 Completed? YES Total actions completed: 5 Actions to Complete BP 6: 6.1 and 6.2 Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 6.1 ★ Adopt a comprehensive plan or a future land use plan adopted by the county or a regional entity. 2040 plan updated in 2019; amendment scheduled for 2024 to prepare for rapid growth 5/15/2023 6.2 ★ Demonstrate that regulatory ordinances comply with the comprehensive plan. Updated to comply with 2030 Comprehensive Plan 8/4/2011 6.3 ★★ Include requirements in comprehensive and/or other plans for intergovernmental coordination. County road coordination; orderly annexation with neighboring towns; Vermillion River Watershed and DNR; City of Lakeville sewer extension; ALF Ambulance service; Active Living Campaign with County and MDH 3/14/2012 6.4 ★★★ Include ecological provisions in the comprehensive plan that explicitly aim to minimize open space fragmentation and/or establish a growth area with expansion criteria. Protect and conserve natural resources included in Comp Plan; land use plan includes parks and green space, 2011 NRI, woodland and tree preservation policies 10/16/2023 6.5 ★ Adopt climate mitigation and/or energy independence goals/objectives in the comprehensive plan or in a separate policy document; include transportation recommendations. Sustainability chapter in 2040 Comp Plan includes energy use and sources; Policy 4.1 sets goal to reduce GHG emissions 20% of 2015 baseline by 2050 10/16/2023 Page 32 of 55 10 Best Practice 7: Resilient City Growth BP 7 Completed? YES Total actions completed: 3 Actions to Complete BP 7: Any one action Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 7.1 ★ Eliminate barriers and actively encourage higher density housing in city zoning ordinance and map. R-2, R-3, R-4, R-5, B-2, and Mixed Use Commercial/Residential Districts allow for densities greater than 7 units per acre 10/16/2023 7.2 ★ Achieve higher density housing with one of the following: a. Flexible lot size/frontage requirement for infill development. b. Density and floor area ratio (FAR) bonuses in selected residential zoning districts. c. Clustered residential development. d. Allowing accessory dwelling units, single-room occupancy housing, senior housing, co-housing or tiny houses / apartments by right in selected zoning districts. e. Implement a vacation rental property registration policy and/or special tax. B-2 downtown business district requires min. lot size of 5,000 sf; Riste Lot infill variance; ADUs allowed in downtown single family residential district on lots of 6,000sf or more 8/5/2011 7.3 ★ Achieve higher intensity commercial/industrial land uses through at least one of the following strategies: a. Include a commercial district with zero-lot-line setbacks and a FAR minimum of 1. b. Set targets for the minimum number of employees/acre in different commercial zones. B-2 Downtown Business District has no setback and FAR requirements, no lot coverage maximum 11/9/2023 7.4 Choose an item. Provide incentives for affordable housing, workforce housing, infill projects, or for life-cycle housing at or Page 33 of 55 11 near job or retail centers, or for achieving an average net residential density of seven units per acre. 7.5 Choose an item. Use design to create social trust and interaction among neighbors and allow developments that meet the prerequisites for LEED for Neighborhood Development certification. Best Practice 8: Mixed Uses BP 8 Completed? YES Total actions completed: 2 Actions to Complete BP 8: Any two actions Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 8.1 Choose an item. Organize or participate in a community planning process for the city/a mixed-use district, including specific community engagement practices that engage cultural and income diverse community members. 8.2 ★ Locate or lease a property for use as a school, city building or other government facility that has at least two of these attributes: a. Adjacent to an existing employment or residential center. b. Designed to facilitate and encourage access by walking, biking, or other non-vehicle travel modes. c. Accessible by regular transit service. City Hall relocated to downtown in 2006 8/5/2011 8.3 Choose an item. Modify a planned unit development (PUD) ordinance to emphasize or require mixed-use development or affordable housing, to limit residential PUDs to areas adjacent to commercial development, and/or to add sustainability features. Page 34 of 55 12 8.4 Choose an item. Report that a (re)development meets a city/community-determined minimum point threshold under the Equitable Development Scorecard or LEED-Neighborhood Development. 8.5 ★★ Have a downtown zoning district that emphasizes small and destination business, entrepreneurial spaces, and allows or requires residential and residential-compatible commercial development. B-2 Downtown Business District includes variety of commercial and high density residential uses, residential allowed conditionally; Downtown Commercial Overlay District 11/13/2023 8.6 Choose an item. Incorporate form-based zoning approaches into the zoning code, in those areas where a diverse mix of uses is desired. 8.7 Choose an item. Create incentives for vertical mixed- use development in appropriate locations. Best Practice 9: Efficient Highway and Auto -Oriented Development BP 9 Completed? YES Total actions completed: 1 Actions to Complete BP 9: Any one action Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 9.1 ★★ Establish design goals for at least one highway/auto-oriented corridor/cluster. Highway 3 Overlay District adopted 2021, Small Area Plan 2019 11/28/2023 9.2 Choose an item. Participate in regional economic development planning with representatives from surrounding townships, cities, the county and business interests to: a. Estimate commercial/industrial needs among all jurisdictions. b. Jointly implement recommendations to stage highway/auto-oriented commercial development in order to avoid Page 35 of 55 13 overbuilding and expensive low- density development. 9.3 Choose an item. Adopt infrastructure design standards that protect the economic and ecologic functions of the highway corridor through clustering of development, native plantings and incorporating access management standards. 9.4 Choose an item. Adopt development policies for large- format developments, zoning for auto- oriented commercial districts at the sub-urban edge and/or in tightly defined and smaller urban development corridors/nodes that have some bike/walk/transit access. Best Practice 10: Design for Natural Resource Conservation BP 10 Completed? YES Total actions completed: 2 Actions to Complete BP 10: Any one action Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 10.1 ★ Conduct a Natural Resource Inventory or Assessment; incorporate protection of priority natural systems or resources such as groundwater through the subdivision or development process. NRI approved in 2011; incorporates landscape ordinance to preserve trees in subdivision developments 8/5/2011 10.2 Choose an item. For cities outside or on the fringe of metropolitan areas, conduct a build- out analysis, fiscal impact study, or adopt an urban growth boundary and a capital improvement plan that provides long-term protection of natural resources/systems, and agriculture outside the boundary. 10.3 ★ For cities within metropolitan areas, incorporate woodland best Woodland and Tree Preservation ordinance adopted 2011 protects 8/8/2011 Page 36 of 55 14 management practices addressing protection of wooded areas into zoning or development review. stands or trees and large specimen trees within development areas 10.4 Choose an item. Adopt a conservation design policy; use a conservation design tool for pre- design meetings with developers and for negotiating development agreements in cities with undeveloped natural resource areas. 10.5 Choose an item. Preserve environmentally sensitive, community-valued land by placing a conservation easement on city lands, and by encouraging/funding private landowners to place land in conservation easements. 10.6 Choose an item. Conserve natural, cultural, historic resources by adopting or amending city codes and ordinances to support sustainable sites, including roadsides, and environmentally protective land use development. 10.7 Choose an item. Support and protect wildlife through habitat rehabilitation, preservation and recognition programs. Transportation BP 11: Living & Complete Streets BP 12: Mobility Options BP 13: Efficient City Fleets BP 14: Demand-Side Travel Planning Best Practice 11: Living & Complete Streets BP 11 Completed? NO Total actions completed: 0 Actions to Complete BP 11: 11.1 and two additional actions Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: Page 37 of 55 15 11.1 Choose an item. Adopt a complete streets policy, or a living streets policy, which addresses landscaping and stormwater. 11.2 Choose an item. Adopt zoning language or approve a skinny street/development project that follows green street and/or walkable streets principles. 11.3 Choose an item. Modify a street in compliance with the city's complete streets policy. 11.4 Choose an item. Identify, prioritize and remedy complete streets gaps and lack of connectivity/safety within your road network. 11.5 Choose an item. Identify and remedy street-trail gaps between city streets and off-road trails/bike trails. 11.6 Choose an item. Implement traffic calming policy/measures in at least one street redevelopment project. Best Practice 12: Mobility Options BP 12 Completed? YES Total actions completed: 3 Actions to Complete BP 12: Any two actions Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 12.1 ★ Increase walking, biking and transit. Bike/Ped Plan adopted 2019 to address network and make recommendations for next 10 yrs 11/28/2023 12.2 ★ Conduct an Active Living campaign such as a Safe Routes to School program. SRTS plan for Boekman Middle School 2023; Great Oaks Academy plan developed in 2024 11/28/2023 12.3 Choose an item. Prominently identify mobility options: transit; paratransit/Dial-A-Ride; ridesharing/cab services; rental cars; bikes; airports. Page 38 of 55 16 12.4 Choose an item. Promote carpooling or ridesharing among community members, city employees, businesses, high schools and institutions of higher education. 12.5 ★ Implement workplace multi-modal transportation best management practices - including telework/ flexwork - in city government, businesses or at a local health care provider. City employees utilize hybrid work schedule to work remotely several days a week 11/14/2023 12.6 Choose an item. Add/expand transit service, or promote car/bike sharing. Best Practice 13: Efficient City Fleets BP 13 Completed? YES Total actions completed: 2 Actions to Complete BP 13: Any two actions Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 13.1 Choose an item. Efficiently use your existing fleet of city vehicles by encouraging trip bundling, video conferencing, carpooling, vehicle sharing and incentives/technology. 13.2 Choose an item. Right-size/down-size city fleet with the most fuel-efficient vehicles that are of an optimal size and capacity for their intended functions. 13.3 ★ Phase-in operational changes, equipment changes including electric vehicles, and no-idling practices for city or local transit fleets. Monthly monitoring and reporting fuel usage and cost program; maintenance schedule 8/5/2011 13.4 ★ Phase in bike, e-bike, foot or horseback modes for police, inspectors and other city staff. Phased in bike patrols for PD in downtown areas started in 2006 8/5/2011 13.5 Choose an item. Document that local school bus fleet has optimized routes, start times, boundaries, vehicle efficiency and Page 39 of 55 17 fuels, driver actions to cut costs including idling reduction, and shifting students from the bus to walking, biking and city transit. 13.6 Choose an item. Retrofit city diesel engines or install auxiliary power units and/or electrified parking spaces. Best Practice 14: Demand-Side Travel Planning BP 14 Completed? NO Total actions completed: 1 Actions to Complete BP 14: Any two one actions Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 14.1 ★ Reduce/eliminate parking minimums; add parking maximums; develop district parking; install meters and charge for parking at curb and city- owned lots/ramps. No parking minimums in B-2 District; allow joint parking facilities in all zoning districts 8/15/2023 14.2 Choose an item. For cities with regular transit service, require/provide incentives for the siting of retail services at transit/ density nodes. 14.3 Choose an item. For cities with regular transit service, require/provide incentives for the siting of higher density housing at transit/density nodes. 14.4 Choose an item. Require new (re)developments to prepare a travel demand management plan or transit-oriented development standards or LEED for Neighborhood Development certification. Page 40 of 55 18 Environmental Management BP 15: Sustainable Purchasing BP 16: Community Forests and Soil BP 17: Stormwater Management BP 18: Parks and Trails BP 19: Surface Water BP 20: Efficient Water and Wastewater Systems BP 21: Septic Systems BP 22: Sustainable Consumption and Waste BP 23: Local Air Quality Best Practice 15: Sustainable Purchasing BP 15 Completed? YES Total actions completed: 2 Actions to Complete BP 15: 15.1 and any one additional action Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 15.1 ★ Adopt a sustainable purchasing policy or administrative guidelines/practices directing the city purchase at least: a. EnergyStar and EPEAT certified equipment and appliances. b. Paper containing post-consumer recycled content. Only Energy Star computers purchased; paper containing at least 30% post-consumer recycled content 8/5/2011 15.2 Choose an item. Purchase energy used by city government with a higher renewable percentage than required by MN law. 15.3 Choose an item. Establish purchasing preferences that support local, Minority, Disability, and Women-Owned businesses and, working with a local business association, develop a list of locally- produced products and suppliers for common purchases. 15.4 Choose an item. Require purchase of U.S. EPA WaterSense-certified products. Page 41 of 55 19 15.5 Choose an item. Set minimum sustainability standards to reduce the impact of your concrete use, asphalt, roadbed aggregate, or other construction materials. 15.6 Choose an item. Require printing services to be purchased from companies using sustainable practices. 15.7 ★ Lower the environmental footprint of meetings and events in the city. Paperless council meetings eliminated over 162,000 copies from 2011-2016 7/15/2016 15.8 Choose an item. Use national green standards/ guidelines for purchasing/investments such as cleaning products, furniture, flooring/coatings. Best Practice 16: Community Forests and Soil BP 16 Completed? YES Total actions completed: 2 Actions to Complete BP 16: Any two actions Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 16.1 ★ Certify as a Tree City USA. Tree City USA since 1990 8/5/2011 16.2 Choose an item. Adopt best practices for urban tree planting/quality; require them in private developments and/or use them in at least one development project. 16.3 Choose an item. Budget for and achieve resilient urban canopy/tree planting goals. 16.4 Choose an item. Maximize tree planting along your main downtown street or throughout the city. 16.5 ★ Adopt a tree preservation or native landscaping ordinance. Revised landscape ordinance adopted 1998 includes tree planting requirements 8/5/2011 Page 42 of 55 20 16.6 Choose an item. Build community capacity to protect existing trees by one or more of: a. Having trained tree specialists. b. Supporting volunteer forestry efforts. c. Adopting an EAB/forest management plan or climate adaptation plan for the urban forest. 16.7 Choose an item. Conduct a tree inventory or canopy study for public and private trees. Best Practice 17: Stormwater Management BP 17 Completed? NO Total actions completed: 0 Actions to Complete BP 17: Any one action Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 17.1 Choose an item. Adopt and use Minnesota's Minimal Impact Design Standards (MIDS). 17.2 Choose an item. Complete the GreenStep Municipal Stormwater Management Assessment. 17.3 Choose an item. Adopt by ordinance one or more stormwater infiltration/management strategies to reduce impervious surface. 17.4 Choose an item. Create a stormwater utility that uses variable fees to incentivize and educate property owners. 17.5 Choose an item. Adopt and implement guidelines or design standards/incentives for stormwater infiltration/reuse practices. 17.6 Choose an item. Reduce de-icing and dust suppressant salt use to prevent permanent surface water and groundwater pollution. Page 43 of 55 21 Best Practice 18: Parks and Trails BP 18 Completed? YES Total actions completed: 3 Actions to Complete BP 18: Any three actions Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 18.1 ★ Make improvements within your city's system of parks, offroad trails and open spaces. 1.77 mile trail connection between 195th St. to CSAH 50 completed 8/5/2011 18.2 ★ Plan and budget for a network of parks, green spaces, water features and trails for areas where new development is planned. Existing and Proposed Parks, Trails, and Open Space Map on website; budget for proposed parks 3/26/2012 18.3 ★★★ Achieve minimum levels of city green space and maximize the percent within a ten-minute walk of community members. Average ½ mile from residents; standard in 2008 Comprehensive Plan 4/10/2012 18.4 Choose an item. Adopt low-impact design standards in parks and trails that infiltrate or retain all 2 inch, 24-hour stormwater events on site. 18.5 Choose an item. Create park/city land management standards/practices that maximize at least one of the following: a. Low maintenance turf management; native landscaping; organic or integrated pest management; pollinator/monarch- safe policies. b. Recycling/compostables collection; use of compost as a soil amendment. c. Sources of nonpotable water, or surface/rain water, for irrigation. 18.6 Choose an item. Certify at least one golf course in the Audubon Cooperative Sanctuary Program. Page 44 of 55 22 18.7 Choose an item. Document that the operation and maintenance, or construction / remodeling, of at least one park building used an asset management tool, the SB 2030 energy standard, or a green building framework. 18.8 Choose an item. Develop a program to involve community members in hands-on land restoration, invasive species management and stewardship projects. Best Practice 19: Surface Water BP 19 Completed? NO Total actions completed: 1 Actions to Complete BP 19: If the city has a State public water, 19.4 and any one additional action. If the city does not have a State public water, any one action. Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 19.1 Choose an item. Consistently monitor surface water quality/clarity and report findings to community members. 19.2 Choose an item. Conduct/support multi-party community conversations, assessments, plans, and actions to improve local water quality/quantity. 19.3 Choose an item. Adopt and publicly report on measurable surface water improvement targets for lake, river, wetland and ditches. 19.4 ★ Adopt a shoreland ordinance for all river and lake shoreland areas. Shoreland Ordinance adopted 2002 reviewed by DNR; State designated trout stream – Vermillion River 8/8/2011 19.5 Choose an item. Adopt goals to revegetate shoreland and create a local program or outreach effort to help property owners with revegetation. Page 45 of 55 23 19.6 Choose an item. Implement an existing TMDL implementation plan. 19.7 Choose an item. Create/assist a Lake Improvement District. 19.8 Choose an item. Reduce flooding damage and costs through the National Flood Insurance Programs and the NFIP’s Community Rating System. Best Practice 20: Efficient Water and Wastewater Systems BP 20 Completed? NO Total actions completed: 0 Actions to Complete BP 20: 20.1, 20.2, and any one additional action Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 20.1 Choose an item. Compare the energy use and financial performance of your facilities with other peer facilities. 20.2 Choose an item. Plan and budget for motor maintenance and upgrades. 20.3 Choose an item. Establish an on-going budget and program for decreasing inflow and infiltration into sewer lines and losses in drinking water systems. 20.4 Choose an item. Optimize energy and chemical use at drinking water/wastewater facilities and decrease chloride in wastewater discharges. 20.6 Choose an item. Implement a wastewater plant efficiency project or a program for local private business operations. 20.7 Choose an item. Create a demand-side pricing program. Page 46 of 55 24 Best Practice 21: Septic Systems BP 21 Completed? YES Total actions completed: 1 Actions to Complete BP 21: Any one action Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 21.1 Choose an item. Report to landowners suspected noncompliant or failing septic systems as part of an educational, informational and financial assistance and outreach program. 21.2 Choose an item. Use a community process to address failing septic systems. 21.3 Choose an item. Clarify/establish one or more responsible management entities for the proper design, siting, installation, operation, monitoring and maintenance of septic systems. 21.4 ★★ Adopt a subsurface sewage treatment system ordinance. Adopted Dakota County subsurface sewage treatment system ordinance in 2011 10/10/2023 21.5 ★★★ Create a program to finance septic system upgrades. Low income grant; Septic System Tax Assessment Program; Low interest loans; City water connections 10/10/2023 21.6 Choose an item. Work with homeowners/ businesses in environmentally sensitive areas to promote innovative waste water systems. 21.7 Choose an item. Arrange for assistance to commercial, retail and industrial businesses with water use reduction, pollution prevention and pretreatment prior to discharge to septics. Page 47 of 55 25 Best Practice 22: Sustainable Consumption and Waste BP 22 Completed? YES Total actions completed: 5 Actions to Complete BP 22: Any one action from 22.1-22.3 and any one action from 22.4-22.8 Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 22.1 ★ Improve city operations/ procurement to prevent/reuse/recycle/compost waste from all public facilities, and minimize use of toxics and generation of hazardous waste. Ordinance for city facilities addresses waste and recycling best practices; organics collection in breakrooms, kitchens, bathrooms 10/17/2023 22.2 ★ Address concerns over consumer products and packaging through education, reuse options, recycling/composting options, credits, fees, mandates or bans. Education & events: website, school activities, drop off locations, reuse swaps, mattress drop off, paper shredding, free organics drop off, business help 10/17/2023 22.3 Choose an item. Improve profitability, legal compliance and conserve resources through adoption of ordinance language, licensing and resource management contracts. 22.4 ★★★ Publicize, promote and use the varied businesses/services collecting and marketing used, repaired and rental consumer goods, especially electronics, in the city/county. Website information; County website search tool for reuse, donation, and disposal; Fix-It Clinics 10/17/2023 22.5 Choose an item. Arrange for a residential and/or business/institutional source- separated organics collection/ management program. 22.6 ★★★ Improve recycling services/expand to multi-unit housing and commercial businesses. City owned and operated residential waste and recycling service 4/10/2012 22.7 ★ Improve/organize residential trash/ recycling/organics collection by private/public operations and offer significant volume-based pricing on Volume based costs based on container sizes of 30, 60, or 90- gallon containers 4/10/2012 Page 48 of 55 26 residential garbage and/or incentives for recycling. 22.8 Choose an item. Adopt a construction and demolition ordinance governing demolition permits that requires a level of recycling and reuse for building materials and soil/land-clearing debris. Best Practice 23: Local Air Quality BP 23 Completed? NO Total actions completed: 1 Actions to Complete BP 23: Any two one actions Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 23.1 Choose an item. Replace small internal combustion engine lawn/garden equipment with lower polluting equipment. 23.2 ★★ Reduce residential burning of wood and yard waste and eliminate ‘backyard’ trash burning. Handout/website on recreational fires; ordinance bans burning yard waste, or when air quality alert 10/17/2023 23.3 Choose an item. Decrease air emissions from vehicle idling, business trucking, and pollutants/noise from stationary engines/back-up generators. 23.5 Choose an item. Install, assist with and promote publicly available EV charging stations or public fueling stations for alternative fuel vehicles. Page 49 of 55 27 Resilient Economic and Community Development BP 24: Benchmarks and Community Engagement BP 25: Green Business Development BP 26: Renewable Energy BP 27: Local Food BP 28: Business Synergies and Ecodistricts BP 29: Climate Adaptation and Community Resilience Best Practice 24: Benchmarks and Community Engagement BP 24 Completed? NO Total actions completed: 1 Actions to Complete BP 24: 24.1 and 24.2 Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 24.1 ★★ Use a city commission/committee to lead, coordinate, report and engage community members on sustainability best practices. Green Steps staff committee formed to report to City Council and community on implementation of program best practices 7/15/2016 24.2 Choose an item. Organize goals/outcome measures from all city plans and report to community members data that show progress toward meeting these goals. 24.3 Choose an item. Engage community members/ partners in identifying, measuring, and reporting progress on key sustainability and social indicators. 24.4 Choose an item. Conduct/support a broad sustainability education/action campaign. 24.5 Choose an item. Conduct a community visioning/ planning initiative that engages a diverse set of community members & stakeholders and uses a sustainability, resilience, or environmental justice framework. Page 50 of 55 28 24.6 Choose an item. Engage wide representation of community youth/students by creating opportunities to participate in city government. 24.7 Choose an item. Engage Black, Indigenous, People of Color (BIPOC), renters, low-income, new Americans, differently abled and other traditionally under-represented community members. Best Practice 25: Green Business Development BP 25 Completed? NO Total actions completed: 0 Actions to Complete BP 25: Any two actions Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 25.1 Choose an item. Grow new/emerging green businesses and green jobs through targeted assistance and new workforce development. 25.2 Choose an item. Create/participate in a marketing/ outreach program to connect businesses with assistance providers. 25.3 Choose an item. Promote sustainable tourism. 25.4 Choose an item. Strengthen value-added businesses utilizing local "waste" material. 25.5 Choose an item. Lower the environmental and health risk footprint of a brownfield remediation/redevelopment project; report brightfield projects. 25.6 Choose an item. Promote green businesses that are recognized under a local, regional or national program. 25.7 Choose an item. Conduct/ participate in a buy local campaign for community members and local businesses. Page 51 of 55 29 Best Practice 26: Renewable Energy BP 26 Completed? NO Total actions completed: 1 Actions to Complete BP 26: Any two one actions Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 26.1 Choose an item. Adopt wind/biomass ordinances that allow, enable, or encourage appropriate renewable energy installations. 26.2 Choose an item. Promote resident/business purchases and/or generation of clean energy. 26.3 Choose an item. Promote financing and incentive programs for clean energy. 26.4 Choose an item. Support a community solar garden or help community members participate in a community solar project. 26.5 Choose an item. Install a public sector/municipally- owned renewable energy technology. 26.6 Choose an item. Report installed private sector-owned renewable energy/energy efficient generation capacity. 26.7 ★ Become a solar-ready community, including adopting ordinance/zoning language and an expedited permit process for residents and businesses to install solar energy systems. Solar systems allowed by ordinance; community solar conditional in A-1 District; solar rooftop permitted accessory in R- 1, R-2, R-3, R-4, and R-D districts (conditional in others) 10/10/2023 Page 52 of 55 30 Best Practice 27: Local Food BP 27 Completed? YES Total actions completed: 3 Actions to Complete BP 27: Any one action Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 27.1 ★★ Incorporate working landscapes - agriculture and forestry - into the city by adopting an ordinance. Agricultural Zoning District to preserve farmland; Met Council Agricultural Preserve Program 10/10/2023 27.2 ★★ Facilitate creation of home/ community gardens, chicken & bee keeping, and incorporation of food growing areas/access in multifamily and residential developments. Urban chicken ordinance adopted in 2013 and updated in 2023 – allows chickens on any single-family lot with permit 10/10/2023 27.3 ★ Create, assist with and promote local food production/distribution within the city. City run farmers market for 3 years; community garden established in 2010 8/5/2011 27.4 Choose an item. Measurably increase institutional buying and sales of foods and fibers that are local, Minnesota-grown, organic, healthy, humanely raised, and grown by fairly compensated growers. 27.5 Choose an item. Assess, plan for, and enhance the community’s local food system. Best Practice 28: Business Synergies and Ecodistricts BP 28 Completed? NO Total actions completed: 0 Actions to Complete BP 28: Any one action Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 28.2 Choose an item. Document that at least one business/ building uses waste heat or water discharge from another business or Page 53 of 55 31 conducts materials exchange activities with another organization. 28.3 Choose an item. Require, build or facilitate at least four sustainability attributes in a business/industrial park project. 28.4 Choose an item. Use 21st century ecodistrict tools to structure, guide and link multiple green and sustainable projects together in a mixed-use neighborhood/development, or innovation district. Best Practice 29: Climate Adaptation and Community Resilience BP 29 Completed? NO Total actions completed: 0 Actions to Complete BP 29: 29.1 at 2- or 3-star level Best Practice Action: Completed: (Star Level out of three stars) Action Description: (View on GreenStep Website for full description) Action Summary: (Provided by GreenStep Staff) Date of Last Entry: 29.1 Choose an item. Prepare to maintain public health and safety during extreme weather and climate-change-related events, while also taking a preventive approach to reduce risk for community members. 29.2 Choose an item. Integrate climate resilience into city or tribal planning, policy, operations, and budgeting processes. 29.3 Choose an item. Increase social connectedness through engagement, capacity building, public investment, and opportunities for economically vulnerable residents. 29.4 Choose an item. Encourage private sector action and incentivize investment in preventive approaches that reduce risk and minimize impacts. 29.5 Choose an item. Protect public buildings and natural/ constructed infrastructure to reduce physical damage and sustain their Page 54 of 55 32 function during extreme weather events. 29.6 Choose an item. Reduce the urban heat impacts of public buildings/sites/infrastructure. 29.7 Choose an item. Protect water supply and wastewater treatment facilities to reduce physical damage and sustain their function during extreme weather events. 29.8 Choose an item. Improve local energy resilience. Page 55 of 55