Agenda - Work Session
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AGENDA
CITY COUNCIL WORK SESSION
Tuesday, February 11,2003
6:30 p.m.
Raspberry Room
6:30 pm City Council Work Session called to order
6:35 pm HC HRA Legislation Resolution; Mielke
6:50 pm Smallpox immunization update; Reid/Klocek
7:00 pm Update on NPDES, Phase II storm water program
application; J. Anderson
7:45 pm Qwest wireless right-of-way permit; Stadler
8:30 pm Flag display policies; Stadler
9: 00 pm Other
9:15 pm Adjourn
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Public Works Department
Memorandum
To:
Honorable Mayor and Members of the City Council
Steven J. Stadler, Public Works Director m
From:
Copy:
Steven C. Mielke, City Manager
Date:
February 6, 2003
Subject:
Qwest Wireless ROW Permit Application
Purpose: To review Qwest Wireless ROW permit request to install antenna and
ground support equipment in the 3rd Street North right of way near the north end of 20th
Avenue within Hilltop Park.
Backaround: Qwest Wireless is proposing to replace an existing street light pole and
attach an antenna on the top at the north end of 20th Avenue North. Qwest initially
requested the ROW permit in July 2002 but put that request on hold when city staff
expressed concerns about the ground equipment in the park and near the single-family
residential area. Qwest then investigated alternative locations. They also contacted
the property owner at 254 - 20th Avenue North seeking permission to install their ground
equipment on their private property. The property owner agreed but the location
required a front and side yard setback variance. City Council continued the variance
request at the December 3rd meeting, there was discussion regarding ground support
equipment in residential districts at the Dec 10 worksession and City Council ultimately
denied the variance request at the January 21 Council meeting. In January 2003 City
Council approved a moratorium on the installation of wireless communications facilities.
Qwest is once again seeking approval of its ROW permit to construct the antenna and
ground equipment in the unimproved 3rd Street North right of way. Prior to city staff
action on the ROW permit request, City Council requested to review the permit
application and the staff recommendation.
Discussion: The location of the Qwest Wireless ground equipment within the 3rd
Street North right of way is shown on the attached drawings. Hopkins City Code
Section 805, Right of Way Management imposes regulations regarding placement and
maintenance of facilities and equipment within the right of way. Other pertinent
regulations include the 1997 comprehensive right-of-way Minnesota legislation
(Minnesota Statutes 237.162 and 237.163) and the federal Telecommunications Act of
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1996. Generally, these regulations provide that "a telecommunication right-of-way user
may construct, maintain and operate conduit, cable, switches and related
appurtenances and facilities along, across, upon, above, and under any public right-of-
way." However, these right-of-way access rights are subject to a local government
unit's authority to manage its public right-of-way. The City Code and Minnesota Statute
state that ROW access may be denied if the city determines that denial is "necessary to
protect the health, safety and welfare or when necessary to protect the public ROWand
its current use." The City Code also allows the city to impose reasonable conditions
with any ROW permit to protect the public health, safety and welfare.
The Public Works Director believes that Qwest's request for installation of this ground
equipment is contrary to the public welfare in this residential area. However, according
to Qwest data, if this antenna and equipment installation is allowed there will be public
benefit to cellular phone users by eliminating "dead zones" in the Highway 7, northwest
Hopkins area. Additionally, the City Attorney does not believe the city could make the
case that the public welfare would be ill-served by placing this equipment in this single-
family residential/park area, as proposed.
Qwest's request is to install above ground equipment with the following dimensions:
3' wide x 6' long x 5.5' high. Additional future equipment could extend the overall length
of the equipment cabinets to 10 feet. Staff doesn't recommend the equipment be
installed in an underground vault. The vault would have to be quite large and there
would be a greater need for ventilation requiring above ground unit/so
Staff recommendation: Public Works Director approve the ROW permit application
provided Qwest Wireless meets the requirements of our right-of-way management
ordinance, i.e., registers with the city, provides certificate of insurance and Gopher
State One-Call registration. Other conditions would be the installation of a solid cedar
screen fence and landscaping around the equipment area and written agreement
regarding maintenance.
Note: Qwest will provide a photo rendering of their proposed equipment with
landscaping and a screen fence. This should be available at the work session.
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Q w e s t:--.~~;~.../
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Min526
20TH AVE N & 3RD ST N
HOPKINS, MN
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PRIVATE
Not for disclosure outsIde of Qwest Wireless, L.L.C.
Do not distribute or reproduce without permission fromQwest Wireless, L.L.C.
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Public Works Department
Memorandum
To:
Honorable Mayor and Members of the City Council
Steven J. Stadler, Public Works Director ~
From:
Copy:
Steven C. Mielke, City Manager
Date:
February 6, 2003
Subject:
City of Hopkins Flag Display Policy/Practices
Purpose: To review with City Council our current flag display practices.
Background: In September 2002 the city received a letter from Mr. Ollie Arlt, past
Hopkins VFW Commander, stating that he did not feel we were properly displaying the
US flag following presidential decree or on the Memorial Day observance holiday. (Mr
Arlt's letter and the city's response is attached) Following these letters, City Council
asked to discuss our flag display policy/practice at a future work session.
Flag Locations and Current Flag Display Practice: The attached Public Works
memo from Ray Vogtman includes the City's flag locations and a brief description of our
past practice on flag display.
Staff recommendation: Continue to display flags at current locations. Lower all flags
to half-staff upon decree of President or Minnesota Governor, per United States Code,
Title 36 (attached). Contact the VFW and American Legion prior to the Memorial Day
holiday to determine if there's a need to lower the Downtown Park or other City flag in
support of a ceremony.
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October 15, 2002
Ollie Arlt
223 18th Avenue North
Hopkins, MN 55343
Dear Mr. Arlt:
I received your letter regarding the flying of the American flag at the city's Downtown
Park. You are correct that on Memorial Day and on September 11th we did not fly the
Downtown Park flag at half-staff. The presidential declaration for Sept 11 th was to fly
flags at half-staff at all government buildings. We did fly the flag at half-staff at Hopkins
City Hall and at the Public Works building. We did not lower the flag to half-staff at
Downtown Park or Central Park or Maetzold Field. By flying the flag at half-staff at our
buildings, we believe that we complied with the presidential order.
Regarding Memorial Day, the United States Code, Title 36, Chapter 10 states that, "on
Memorial Day the flag should be displayed at half-staff until noon only, then raised to
the top of the staff." We have not been doing this. Additionally, it did not seem that this
was being done at other locations. I checked with Hennepin County and the Hopkins
Post Office and confirmed that neither agency lowers their flag on Memorial Day. Even
though the US Code seems clear, it appears that the half-staff display on Memorial Day
is rarely done. In addition to it not being common practice, there would be a city cost,
as it would involve holiday overtime pay. Just prior to this past Memorial Day we did
install a new flag at Downtown Park. However, the City does not intend to lower and
raise our flags each Memorial Day. That doesn't mean that we wouldn't support a
special Memorial Day ceremony at Downtown Park. In addition, we could perhaps
lower the lanyards to make them accessible so that anyone organizing or participating
in a special event could lower this flag.
Thank you for writing the City regarding this issue. It is important that we properly
maintain, handle and display our flags. Please feel free call me at 952-939-1338 if
you'd like to discuss this further.
Sincerely,
Steven J. Stadler
Public Works Director
PUBLIC WOR1(S DEPARTMENT
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Memorandllm
TO: Steve Stadler
FROM: fpi Ray VogLman
DATE: February 5,2003
SUBJECT: Flag Display
The U,S. flag is displayed at the following City buildings and park locations: City Hall, fire
station, Downtown Park, Maetzold Field, Central Park, Hopkins Public Works, and Shady
Oak Beach (seasonal). These flags are on occasion donated by the Hopkins VFW; at other
times purchased as needed. On permanent display, these flags are replaced as needed,
dictated by wear and fading.
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Concerns from the public generally surround the lowering of U.S. flags to half-staff.
Historically this practice was used in the death of a president, U.S. Senator or U.S.
Representative. This was widened to include state dignitaries. Most recently, this custom of
lowering the flag to honor national, regional or local heroes has been included. We have
also been requested to observe this practice for slain police officers and the death of fire
fighters. Veteran's Day observances also ask for the lowering and raising of flags for this
occasion.
Confusion over who calls for the observance (i.e., federal or state jurisdictions, or a [ocal
observance), the length of time for the flags to remain at half-staff and the timing of the
request has resulted in a limited number of public phone calls to the City on the practice.
Some flags are in highly visible locations, easy to get to. Others, as in Central Park or
Maetzold Field are in City parks. These two sites had to have City plows remove snow in
order to access them this week for the astronaut's recognition. This last event was actually
cal[ed on a Sunday, during a heavy snowfall event.
City staff has made an attempt to honor all requests for the lowering of U.S. flags at al[ of
these locations based on the observance of that used at the Minnesota capitol. If the state
honors an occasion, we try to do the same. To keep costs for this practice down, which is
becoming more common, we attempt to not use weekends or evening overtime to [ower the
flags. To avoid vandalism, most of these sites have ropes secured above the reach of area
youth, or have lockable access panels. These sites require a boom truck and/or keys to
access the ropes, Each event requires a minimum of two to four hours to [ower the flags.
Putting the flags back up takes about 2 hours, Total cost of about $180 to $270 if overtime
is to be used, about $120 to $180 for weekly events.
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The general practice on Veteran's Day has been to not lower all flags by most
municipalities, only the flag at the site of the ceremony.
Hopefully this memo helps to outline the flag display policy we use within the City of
Hopkins.
United States Code, Title 36, Chapter 10
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Page 4 of 15
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Source of document bela-w: CD-ROM prepared and published by the Office of the Law
Revision Counsel of the House of Representatives. It contains the lcrws in force on Jal1l101Y
4. 1993.
UNITED STATES CODE
TITLE 36
CHAPTER 10
PATRIOTIC CUSTOMS
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. ~ 170. National anthem; Star-Spangled Banner.
. ~. 17 [ . Conduct during playing.
. ~ 172. Pledge of allegiance to the nag; manner of delivery.
. ~ 1 n. Display and use of flag by civilians: codification of rules and customs; definition.
\..... ~ 174. Time and occasions for display.
-; ~] 75. Position and manner of display.
. ~ 176. Respect for t1ag.
. ~In. Conduct during hoisting, lowering or passing of flag.
. ~ 178. Modification of rules and customs by President.
. ~_ L7(~. Design for service flag; persons entitled to display llag.
. ~ 1 EO. Design for service lapel button; persons entitled to wear button.
. ~ 1 81. Approval of designs by Secretary of Defense; license tomanufacture and sell; penalties.
. ~ ] 8.2. Rules and regulations.
. S 182a to 184. Repealed.
. ~ 185. Transferred.
. ~ I gei. National motto.
. ~ I R7. National floral emblem.
. ~ 188. National march.
. SUN, Recognition ofNationaJ League of Families POW/MIA flag.
. ~170. National anthem; Star-Spangled Banner
The composition consisting of the words and music known as The Star-Spangled Banner is designated
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Unit~d States Code. Title 36. Chapter] 0
Page 7 of 15
· (e) The flag of the United States of America should be at the center and at the highest point of the
. group when a number of flags of States or localities or pennants of societies are grouped and
displayed ham staffs.
· (f) When flags of States, cities, or localities, or pennants of societies are flown on the same
halyard with the flag of the United States, the latter should always be at the peak, When the Hags
are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered
last. No such flag or pennant may be placed above the flag of the United States or to the United
States flag's right.
· (g) When nags of two or more nations are displayed, they are to be flown from separate staffs of
the same height. The flags should be of approximately equal size. International usage forbids the
display of the flag of one nation above that of another nation in time of peace.
· (h) When the nag orthe IJnited States is displaYl:d from a staff projecting horizontally or at an
angle from the window silL balcony, or front of a building, the union of the flag should be placed
at the peak oCthe staff unless the flag is at half staff. When the flag is suspended over a sidewalk
from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be
hoisted oue union first, from the building.
· (i) When displayed either horizontally or vertically against a walL the union should be uppermost
and to the flag's own right that is, to the observer's left. When displayed in a window, the flag
should be displayed in the same way, "vith the union or blue field to the left of the observer in the
street.
· (j) When the flag is displayed over the middle of the street, it should be suspended vertically with
the union to the north in an east and west street or to the cast in a north and south street.
· (k) When used on a speaker's platform, the flag. if displayed flat, should be displayed above and
behind the speaker. When displayed from a staff in a church or public audi tori um, the flag ofthe
. United States of America should hold the position of superior prominence, in advance of the
audience, and in the position of honor at the clergyman's or speaker's right as he faces the
audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or
to the right orthe audience.
. (1) The flag should Corm a distinctive feature or the ceremony of unveiling a statue or monument,
-1- but it should never be used as the covering for the statue or monument.
. (m) The flag, when flown at half-staff. should be first hoisted to the peak for an instant and then
lowered to the half-staITposition. The nag should be again raised to the peak before it is lowered
for the day. On Memorial Day the flag should be Jisplayed at half-staff until noon only, then
raised to the top of the stafr. By order of the President. the flag shall be f1O\vn at half-staff upon
the death of principal figures of the United States Government and the Governor of a State,
territory, or possession, as a mark ofrcspect to their memory. In the event of tl1e death of other
officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential
instructions or orders, or in accordance with recognized customs or practices not inconsistent with
1m". In the event of the death of a present or former official of the government of any State,
territory, or possession of the United States. the Governor of that State, territory, or possession
may proclaim that tIle National flag shall be flown at half-staff. The flag shall be flown at half-
staff thirty days from the death of the President or a former President; ten days from the day of
death of the Vice President. the Chief Justice or a retired Chief Justice of the United States, or the
Speaker of the House of Representatives; from the day of death unti 1 interment of an Assoc iate
Justice of the Supreme Court. a Secretary of an executive or military department. a former Vice
President. or the Governor of a State. territory, or possession; and on the day of death and the
following day for a Mem bel' of Congress. As Llsed in this Sll bsection -
. 0 (1) the term 'halr--stan' means the position of the flag when it is onc-half1he distance
bet ween the top and bottom of the staff:
o (2) the term 'executive or military department' means any agency listed under sections] IJ I
and 102 of title 5; and
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02/06/2003