5.2. SR 04-09-2001River
13065 Orono Parkway
Elk River, MN 55330
TO:
FROM:
DATE:
Item
Memorandum
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
April 9, 2001
SUBJECT:
CONSIDER CHANGES TO
REGULATING WORK IN CITY
RIGHTS-OF-WAY
In an attempt to control the unprecedented volume of work being conducted by various
utilities in our rights-of-way, the city, for the first time, started requiring permits for this
work last year. Permits for working in city right-of-way fall into three categories:
Street Disruption Permits for installing utilities mains, usually parallel to a
street (new permit).
> Utility Hook-up Permits for connecting a building to a utility such as gas, phone,
etc. (new permit)
~ Sewer and Water Hook-up Permits for connecting a building to sewer and
water (existing permit)
More than 40 (forty) gas line hits were reported by utilities doing work in rights-of-way
within the city limits during 2000. Whereas, some of the gas line hits were probably
unavoidable accidents, others were because of not having existing utilities located,
missed located existing utilities or not following safety requirements when digging. This
severe safety issue has prompted staff to recommend changes to the city's regulations on
working in rights-of-way. These changes fall into the following categories:
Education - To ensure that all crews are aware of proper safety procedures, staff
is recommending that at least one person per crew that has had training within the
last year regarding Gopher State regulations be on the job at all times. The city
will look into hosting a training session each spring.
Additionally, pre-construction meetings will be encouraged on larger jobs and a
main meeting will be hosted by the city each March. Various city departments as
well as affected utilities will be represented at these meetings. These meetings
will hopefully identify potential problems so they can be avoided.
Permits - Several changes to the language in the city's permit application will be
made to emphasize regulations. Identifying subcontractors and the crewmember
with Gopher State training will be required information on the applications.
Reference to Gopher State rules and the 911 protocol that is to be used when a
Phone: 763.441.7420
763 441 7425
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www. ci .elk-fiver. mn .us
5.2.
utility is hit will be specifically emphasized on the city's permits. A revised
permit application is attached to this memo.
Other regulation changes that will be identified on the revised city permit
application such as:
· utilities other than sewer, water and high pressure gas mains (small
utilities) being buried at a maximum of 48 (forty-eight) inches;
· maximum land area covered by a permit being a quarter/quarter section;
· permits being req. uired in utility easements as well as rights-of-way;
and blanket permits for utility hook-ups
will require an ordinance amendment. Attached is a proposed ordinance
amendment reflecting these changes.
The maximum forty-eight inch depth for "small" utilities is currently state law for
telecommunications. Placing utilities deeper than this creates problems. An
ordinance amendment is needed to make the forty-eight inch requirement apply
to small utilities other than telecommunications.
Permits being for a maximum of a quarter/quarter section (40 acres) is an attempt
to get a better handle on some of the extremely large citywide projects and better
recoup that cost of regulating these j obs.
Permit Fees - Staff is recommending that Sewer and Water Hook-up Permits
remain at $45 (forty-five) and that Street Disruption Permits remain at $100 (one
hundred). However, staff is recommending that Utility Hook-up Permits be
blanket permits covering the entire city for the year and their fee be increased
from $45 (forty-five) to $1,000 (one thousand). Each utility getting an individual
permit for each structure, they hook-up would account for well over an additional
1,000 permits. The administration of this bulk of permits would overwhelm staff
and be a needless burden on the utilities. The blanket permit will still bring this
activity under the city's regulations and cover the restoration of public facilities
under a letter of credit. The utilities will be required to do a monthly accounting
of the locations of their hook-ups. A resolution establishing the new Utility
Hook-up Permit fee is attached.
Inspections - Currently, the Street Department inspects work in the right-of-way
after it is completed to ensure the restoration of streets and boulevards has been
accomplished satisfactory. It is being proposed that the Fire Department also
inspect this work as it is being conducted in right-of-way to ensure compliance
with Gopher State rules.
The Fire Department is proposing to hire a part time employee to inspect utility
work in the right-of-way under Utility Hook-up Permits and Street Disruption
Permits. Sewer & Water Hook-up Permits are already being inspected by the
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Waste Water Treatment Department and Elk River Municipal Utilities. A memo
from the Fire Chief is attached.
It is a little hard to estimate, but based on the number of permits issued last year
and the new proposed fees, approximately $12,000 in revenue will be generated
from Utility Hook-up and Street Disruption Permits. This revenue needs to cover
the Building and Zoning Department's time spent issuing these permits, the
Street Department's time inspecting restoration, and the fire Departments time
inspecting the work as it is being conducted. Emergency response to incidents is
charged back to the offender.
Incidents - The city's procedure for responding to incidents (when a utility is hit
whether or not it is a gas line) will be as follows:
· All work immediately stops when a utility is hit, the area is to be evacuated if
a hazardous condition is created and 911 is to be called (on all utility hits,
dangerous or not). The Fire Department will take the lead in determining if
the incident is:
· a substantial breach of the terms and conditions of any state statute,
ordinance, rule or regulation, or any material condition of the permit,
· or the result of a missed locate,
· or an accident'.
· The Fire Department may call upon other's expertise as needed to make their
determination.
· For a substantial breach, the Fire Department will order that all work remains
stopped until the permittee provides an acceptable written plan to respond to
how the breach will be avoided in the future.
· Failure to follow the written plan will result in the revocation of the permit.
· The Fire Department will provide the Office of Pipeline Safety written notice
of substantial breaches and missed locates.
A proposed "Facility Incident Report" is attached to this memo.
In conclusion, staff has hosted a meeting with the various utilities conducting work
within the city's rights-of-way and the Office of Pipeline Safety to gain their opinions on
the proposed changes contained in this memo. Staff does not feel these changes are
excessive, but the utilities have been given notice of the council meeting so they will
have another opportunity to respond.
Summary. of Proposed Changes to Regulations on Working in Right-of-Way
A person per crew with Gopher State training within the last year on the job at all
times. Responsible crewmember identified on permit application.
~ Preconstruction meetings as needed.
~ City permit spelling out 911 protocol.
> Subcontractors identified on permit application.
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Small utilities no deeper than 48 inches.
Street Disruption Permits required per quarter/quarter section.
Permits required for work in utility easements as well as rights-of-way.
Blanket citywide yearlong Utility Hook-up Permits at $1,000 each and monthly
reporting of locations.
Inspection as work is being conducted.
Protocol for when a utility is hit.
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City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Telephone: 763/441-7420
Fax: 763/441-7425
City Permit Number:
Parcel Identification Number: 75-
13065 Orono Parkway
Elk River, MN 55330
APPLICATION FOR STREET DISRUPTION/UTILITY HOOK-UP PERMITS
Street Disruption Permit
($100)
[~] Utility Hook-up Permit
($1 ,ooo)
Note: A separate application and Street Disruption Permit (installing main facilities) is required for each
quarter/quarter section. Only one Utility Hook-up Permit (connecting services to a building) is required
each year with monthly reporting to the c!ty of where hook-ups have occurred.
Applicant and/or Utility Company:
Address:
City: State: Zip:
Contact Person' Phone #:
i
GSOC Registration #: Plan #: [ Project #:
~.gal Description of Street Disruption Permit (QuartedQuarter, Section, Township, Range):
From and To (Address/Street):
Sub Contractor:
GSOC Registration #:
Contact Person:
Phone #:
Note: Add additional sheets if more than one subcontractor.
Note: A minimum of one person trained regarding Gopher State Regulations within the last year shall be
at each job site while work is being performed. Proof of said training shall be submitted with permit
application.
Name of Person(s) with said training:
L~st l ype ot Ut,~ty: Maximum cieptn ot Installation
Note: Installation of utilities deeper than 48 inches is prohibited without specific city approval
inches
Phone: 763.441.7420
Fax: 763.441.7425
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www. ci.elk-river, mn.us
I' -'-vpe of Construction: __ Trench __ Bore __ Aerial __ Hole __ Chamber __ Plow
Construction Schedule:
Estimated Starting Date:
Estimated Ending Date:
Weekend Dates:
After Hour Dates:
List Streets that will be Blocked for Construction and Duration of Blockage:
Required Submittals for Permit:
> Three sets of plans to scale
> $5,000 Letter of Credit in favor of the City of Elk River
> Name(s) and proof of Gopher State training (minimum one person per crew required).
Note: If a Facility is Hit:
> Evacuate the area if a dangerous situation has been created
~ Call 911 on all facility hits
> Call the utility you hit
Special Provision Required by the City of Elk River:
A copy of this permit shall be present on the job sites whenever work is being conducted.
Applicant's Signature:
Date:
The applicant and/or its subcontractors, in carrying on any and all work accomplished under the permit
requested herein, agrees to conform strictly to the provisions of the City of Elk River Code of Ordinance
Section 1200 and applicable Minnesota State Statute, whether or not specified in the permit, together
with special provisions required by the City in the permit issued. Failure to adhere to these provisions is
grounds for revocation of the permit.
Authorizing City Official & Title
Date:
ORDINANCE 01-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 1200 OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 1200.3 titled, Streets and Sidewalks - Permit
Requirement, of the City of Elk River Code of Ordinances shall be amended read as
follows:
1200.03 - PERMIT REQUIBF_A~ENT
Street Disruption Permit Required. Except as otherwise
provided in this code, no person, except an authorized City
employee or a contractor performing work under a contract
with the City, may obstruct or excavate any right of way or
utility easement without first having obtained the
appropriate permit from the City.
C. Utility Hook-Up. A street disruption permit is required
to hook up individual buildings to utilities such as gas,
phone, cable, etc. This work typically occurs perpendicular
to the right of way.
1200.04 - PEP~4IT APPLICATIONS
Application for a permit shall contain, and will be considered
complete only upon compliance with the requirements of the
following provisions:
2. Permits will be limited to and issued for each
Quarter/Quarter Section (forty (40) acres) of the city in which
work is being done. Larger work areas shall be divided into
Quarter/Quarter Section areas and permits obtained for each.
1200.10 - INSTALLATION REQUIRF/~ENTS
The excavation, backfilling, patching and restoration, and all
other work performed in the right-of-way shall be done in
conformance with Minnesota Rules 7819.1100 and other applicable
local requirements, in so far as they are not inconsistent with
the Minnesota Statutes Secs. 237.162 and 237.163. Utilities
other than sewer, water, and high pressure gas transmission mains
shall be installed at a depth less than forty-eight (48) inches.
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Section 2. That this ordinance shall take effect upon publication as
provided by law.
Passed and adopted by the City Council of the City of Elk River this __
April, 2001.
day of
Attest:
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk
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RESOLUTION 01-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING FEE FOR UTILITY HOOK-UP PERMIT FOR
2001
WHEREAS,
fees for this and other services are reviewed annually to ensure
that they are sufficient to cover the services rendered; and,
WHEREAS,
the Council has reviewed the proposed fee for a Utility Hook-
up Permit; and,
WHEREAS,
$1,000 reflects the cost to administer Utility Hook-up Permit
by the City of Elk River in the year 2001.
NOW, THEREFORE, BE IT RESOLVED, that $1,000 for Utility Hook-up Permit
is effective for the year 2001.
Passed and adopted by the City Council of the City of Elk River this 9th day of
April, 2001.
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Bruce a. West, Fire Chief ~:~~
April 9, 2001
SUBJECT: Part Time Facility Inspector
The City of Elk River staff has been meeting to discuss the situation regarding gas line right-
of-way breeches within our community. The Elk River Fire Department responded to over
40 gas line hits within our community during the year 2000. On March 12, 2001 the City of
Elk River staff held a company and contractor meeting to address the issue of right-of-way
management issues during the construction season of 2001.
One of the changes to be implemented in 2001 is a proposal for the hiring of a part-time
Facility Inspector to randomly investigate and inspect underground crews to ensure each crew
has a permit and are following the Gopher State One Call rules and regulations for digging
safety. Gopher State One Call and state statute identifies a facility as any of the following
underground utility lines: electric, gas, oil, steam, communications, water, sewer, etc. The
proposed part-time facility inspector will periodically visit permitted right-of-way underground
construction and also assist the fire department in determination of courses of action if a
facility is hit.
For a substantial breech the fire department and/or the part-time facility inspector shall order
that all work remains stopped until the permitee provides an acceptable written plan to
respond to how the breech will be avoided in the future. Failure to follow the permitees
written plan will result in revocation of the permitees permit. Mike McGrath from the Office
of Pipeline Safety recommends the use of a facility inspector throughout the City of Elk River
for adherence of the Gopher State One Call rules and regulations referencing underground
utility work. The proposal for the part-time facility inspector has been discussed with City
Administrator Pat I~laers. The part-time facility inspector would be employed approximately
April 15 - November 15 and up to 20 hours per week. The part-time facility inspector may
also be called out to a gas line hit to assist the f~re department in accident determination. It is
anticipated that the cost of the part time Facility Inspector will be approximately $7,000.
I will be in attendance at the April 9, 2001 meeting to discuss this issue. If you have any
questions prior to the City Council Meeting please feel free to call me at the Elk River Fire
Department at 763-441-4919.
FACILITY INCIDENT REPORT
ALL WORK AUTHORIZED UNDER PERMIT NO. SHALL CEASE
IMMEDIATELY UNTIL FURT-HER NOTICE BY THE CITY OF ELK RIVER.
Contractor
Address
Phone Number
Responsible Person on the Job Site
Time of Incident
Facility(s) Damaged
, Time Reported
Cause of Incident: Missed Locate
Notes:
, Date of Incident
Accident
Substantial Breach
The incident has been determined to be a substantial breach of the terms and
conditions of a state statute, ordinance, rule or regulation, or a material
condition of the permit.
You shall provide a written plan acceptable to the city that will cure
the breach.
> All work authorized under your permit shall cease until this plan is
approved by the city.
~ Failure to reasonably implement the approved plan shall be cause for
immediate revocation of the permit.
The incident has been determined to be an accident that was not your fault.
Work authorized under the permit may resume.
City Agent and Title
Date
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