Agenda - Council - 05/09/2000 - Laserfiche WebLink

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I /I I I I I I I I I I I I I I Sec. 4.10,09 Permit Rec The permit extension tee the utility. The City or it,~ C~t, USe, Sec 4.10.10 Permit_Appl The requirement to pay drements uirement is overly burdensome on both the director and designate should be able to waive the requirements for cations ~ny loss, damages or expenses from prior circumstances should by limited to undisputed amounts, disputed amounts could be handled through an escrow arrangement. Any / Sec, 4.10.12 Permit Fe~s The inclusion of costs associated with "degradation of the right-of-way" and "Restoration" within the Excavation Permit fee is inconsistent with applicable Minnesota law. Under "management costs," a Both Minn. Stat, {}237.1 4,10.13 require the per existed before the exca "degradation" fee. Ho~ ordinance all permit th~ circumstance, the pern Stat. §237.163, Subd.; Rules Pt. 7819.1100, ~ "degradation fee," Min that a "right-of-way us( Minn. Rules Pt. 7819.1 options: (1) the permitl "management costs"). (2) the permitee may [ "management costs"); City to accomplish the the Excavation Permit duplicative charge, Sec, 10.13 Riqht-ofrw; Subd. 2. MediaOne prefers to 1 restore the right-of-we consistent with the stl description of the de§ definition in Minn. Ru] /linn. Stat. {}237.163, Subd, 2(b), the City may recover its '~d that term is defined in Minn. Stat. {}237,162, Subd. 9. 63, Subd. 3, and the proposed ordinance at Section nittee to restore the right-of-way to the condition that ration. A proper restoration obviates the need for a lever, the statute, the MPUC's Rules and the proposed . restoration work to be performed by the City. In this ittee will pay for the cost of the restoration. See Minn, l; proposed ordinance Section 4.10,13, Subd 2; Minn. ~ubp. 3. The Rules define "degradation cost" and 3. Rules Pt. 7819.0100. Subp. 7 and Subp. 8, and state may elect to pay a degradation fee in lieu of restoration." 00, Subp. 3. Thus, the statute and rules provide for two ee may pay a permit fee (which is limited to the City's lnd also restore the right-of-way to its former condition; or ay a permit fee (which is limited to the City's lnd pay the degradation fee (which'equals the cost to the restoration work). If a degradation costs were included in Fee, the City would be assessing an unauthorized and ~y _R. esto_r, ation erform the restoration of its excavations. We intend to y to the condition which existed prior to our excavation ndards set forth by the City or in the MPUC's Rules. The · adation fee in this section appears inconsistent with the es Pt. 7819,0100, Subp. 7 and Subp.'8. in addition, the