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Chapter 8Legislative Policy Manual -- Chapter 8 LEGISLATIVE POLICY MANUAL CHAPTER VIII Policy 8-A Requests for Traffic Controls Policy 8-B Roadway Improvements Policy 8-C Other Local Improvements Policy 8-D Solid Waste Collection Policy 8-E Storm Water Utility Credits and/or Adjustments Policy 8-F Snow and Ice Control Policy 8-G Sidewalk Repair and Maintenance Policy 8-H Street Restoration Reimbursement for Private Utility Repairs Policy 8-I Complete Street Policy Policy 8-J Small Wireless Facility Design and Aesthetic Requirements Revised: April 2019 Legislative Policy Manual -- Chapter 8-A 1 POLICY 8-A REQUESTS FOR TRAFFIC CONTROLS 1. PURPOSE 1.01 The City receives requests from time to time for additional or modified traffic control measures. This policy is intended to outline policies and procedures dealing with those requests. 2. REQUESTS 2.01 Requests for traffic controls should be made in writing to the City of Hopkins. The requests should detail the types of controls desired, problems with the current controls, if any, and any additional information needed to explain or justify the request. 2.02 If the request is made to a staff member, the request should be forwarded to the Engineer. The Engineer shall prepare a memo to the Council indicating the request , if warranted. The Council should consider the request and authorize an Engineers study if desired. 2.03 The Engineer, if so authorized, shall prepare an Engineers Report to the Council indicating the current status of conditions. The level of justification of improvements, the cost of providing improvements and recommending action on the request. 2.04 The Council upon receiving the report shall have discretion to ultimately decide on the action to be taken and so instruct staff. 2.05 Upon Council action, an official response to the requester shall be drafted by the Engineer and forwarded to the requester. Established 8/18/87 City of Hopkins Legislative Policy Manual -- Chapter 8-B 1 POLICY 8-B ROADWAY IMPROVEMENTS INDEX 1. PURPOSE 2. GENERAL 3. DEFINITIONS 4. STATE HIGHWAYS 5. COUNTY ROADS 6. MUNICIPAL STATE AID STREETS 7. MAJOR STREETS 8. LOCAL STREETS 9. ALLEYS 10. ASSESSMENT POLICIES 11. ASSESSMENT FORMULAS 12. ASSESSMENT INTEREST RATE Revised: December 2012 Legislative Policy Manual -- Chapter 8-B 2 1. PURPOSE 1.01 The purpose of these policies is to establish guidelines and procedures for the improvement of roadways within the City of Hopkins. 2. GENERAL 2.01 This policy relates to roadway improvements eligible to be assessed under authorization of Minnesota State Statutes Chapter 429.021. 2.02 Assessable roadway improvement projects shall conform with the procedural requirements of Chapter 429 which generally are as follows: 1. Project Initiation by Petition or Council Resolution 2. Resolution Ordering Preparation of Engineers Report 3. Resolution Approving Engineers Report & Ordering a Hearing 4. Publication and Individual Notification of Hearing 5. Public Hearing 6. Resolution Ordering Improvement 7. Resolution Ordering the Preparation of Assessment Roll 8. Public Notice of Hearing on Assessments 9. Assessment Hearing 10. Resolution Adopting Assessment Roll 11. Filing of Assessments with Hennepin County 2.03 In addition to special assessments, other sources of funds are available to the City for street purposes depending on the type of project involved. 3. DEFINITIONS 3.01 The City of Hopkins contains various types of roadways. Descriptions of the City's street classifications are outlined as follows: State Highways This category includes highways with various designs and traffic capacities. Rights of way are from 150' to 400'. These highways are intended for national or regional service. All of the highways in this category have been designated as principle, intermediate, or minor arterials by the Metropolitan Council. Thoroughfares These are important traffic routes which provide community continuity and interconnect the City with neighboring communities. They are usually spaced at one mile intervals, although they may be closer in more heavily developed areas. When upgraded these roadways will generally have 100' rights-of-way and be of sufficient design to handle anticipated traffic. Collectors Streets which are designed to collect traffic from individual properties and feed into thoroughfares. They have 60-80' rights-of-way with 7 or 9 ton capacity and are generally spaced at one-half mile intervals. Local Relatively short streets which provide access to individual lots in interior areas of development. Minimum right of way is 50-60'. Legislative Policy Manual -- Chapter 8-B 3 Cul-de-sac Dead-end streets usually designed with a maximum length of 500' and a turn around area of 120' diameter at the property line. They generally are constructed in interior residential developments. Service Road Streets which run parallel and adjacent to a high volume roadway. They are designed to serve individual properties along streets where it is desirable to control access. Alley Roadways which are generally 12-20 feet in right-of-way width which service properties on the rear property line. 4. STATE HIGHWAYS 4.01 The State Highways within the City of Hopkins are Highway No. 7 and Highway No. 169. State highway projects generally do not directly involve city funds. However, associated improvements such as storm sewer or water trunks may be initiated so that future construction under these highways will not be needed. 5. COUNTY ROADS 5.01 Hennepin County roads in Hopkins are: Blake Road (#20) Excelsior Avenue (#3) Hopkins Crossroad (#73) Minnetonka Boulevard (#5) Shady Oak Road (#61) 1. These roads were originally designed as part of the county's highway system and were meant to link rural areas with the urban centers. As Hopkins developed, these roads have become an important part of t he network of city streets. However many of these county roads need to be upgraded in order to facilitate present and future traffic demand. Since this type of improvement is needed in part because of increased urban use it has been the county policy to share the cost of the project with the city. Costs shared in this manner shall adhere to the current version of the Hennepin County Public Works Business Line Transportation Department Policies for Cost Participation Between Hennepin County and Other Agencies for Cooperative Highway Projects. 5.02 Payment of the City portion of projects may be assessed and/or paid by City funds. 6. MUNICIPAL STATE AID (MSA) STREETS 6.01 Recent regulations allow a municipality to designate up to 20% of its existing street mile age, excluding county state aid highways and state trunk highways as MSA streets. The City of Hopkins currently has approximately 9.6 miles designated as MSA streets. The City receives MSA funds on an annual basis and are allotted for maintenance and const ruction of MSA streets. This money is part of the gasoline tax collected in Minnesota and is apportioned to the community according to state guidelines based on population and construction needs. Maintenance funds are sent automatically to the City each year while Legislative Policy Manual -- Chapter 8-B 4 the construction funds are held in an account by the state until the time construction contracts are awarded. 6.02 The following are MSA streets: Street From To Mainstreet Co. Rd. #61 5th Ave. (Shady Oak Rd.) St. Louis St . County Road #3 Tyler Ave. No. (Excelsior Blvd.) Tyler Ave. No. St. Louis Street 2nd St. N.E. 1st St. No. 8th Avenue 12th Avenue. 1st St. So. 11th Ave. So. 8th Ave. So. 5th St. So. 16th Ave. So. 11th Ave. So. 5th St. So. 10th Ave. So. State Highway No. 169 6th St. So. 11th Ave. So. 10th Ave. So. 7th St. So. 9th Ave. So. Alley W of 14th Ave. So. Oakridge Rd. City Limits State Highway No. 7 5th Ave. No. State Highway No. 7 Mainstreet 5th Ave. So. Mainstreet 3rd St. So. 6th Ave. So. 3rd Street So. 5th St. So. 8th Ave. No. 1st St. No. Mainstreet 8th Ave. So. Mainstreet Co. Rd. #3 11th Ave. No. 1st Street No. Mainstreet 11th Ave. So. Mainstreet Smetana Rd. 12th Ave. No. State Highway No. 7 1st St. No. 17th Ave. No. State Highway No. 7 Mainstreet 17th Ave. So. Mainstreet Co. Rd. #3 Smetana Rd. West City Limits .38 Mi. E of 11th Ave. So. Minnetonka Mills Road 5th Avenue North Washington Avenue 2nd Street North Washington Avenue Tyler Avenue North Blake Road Excelsior Boulevard South City Limits 6.03 It is not the intent of the State Aid Funding Program to totally finance the MSA system. Rather, it is designed to assist communities with street construction projects in an effort to improve t he roadway system state wide. Therefore, when an MSA street is constructed or upgraded, assessments will be levied in accordance with city policies for major streets. 7. MAJOR STREETS 7.01 Major streets are considered by the City of Hopkins to be collecto r and thoroughfare streets. Streets of this variety generally service local traffic as well as traffic from other areas and therefore are designed in accordance with standards of a higher road capacity. Major streets within the City of Hopkins are constr ucted with a minimum capacity of 9 ton per axle. The primary source of funding for major roadways is special assessments and MSA funds. 7.02 Major new and reconstructed streets shall be constructed with curb and gutter. Street width shall be determined by existing conditions, traffic counts and patterns, and, if applicable, MSA standards. Legislative Policy Manual -- Chapter 8-B 5 8. LOCAL STREETS 8.01 Local Streets are generally streets which service a small area and do not typically involve a movement of traffic between areas. Streets of this t ype include local streets, cul-de-sacs, and service roads. Local streets within the City of Hopkins are constructed with a minimum capacity of 7 tons per axle. The primary source of funding of local streets is special assessments. 8.02 New local streets shall be constructed with curb and gutter. When reconstructing streets concrete curb and gutter shall be installed. 8.03 New local street minimum unobstructed street width, (face to face of curb) is 30 feet. The standard minimum unobstructed street width for reconstructed streets shall be 26 feet. Streets which do not meet this requirement shall be reconstructed to meet the minimum requirement unless the Council finds that: Reconstruction to the minimum width would adversely affect trees or other significant or desirable physical features; and A reduced unobstructed street width would not constitute a distinct hazard to life or property. Factors to be considered shall include, but not be limited to, safe access of emergency vehicles, snow storage requirements, availability of parking, and aesthetics. 8.04 Streets which are twenty-six feet (26') or more in width will have parking allowed on both sides, unless it is determined by City Staff that parking restrictions are necessary. Streets less than twenty-six feet (26') in width may be subject to parking restrictions on an as- needed basis. Factors influencing parking restrictions may include, but not be limited to, safety concerns, emergency vehicle access, sight distance problems, neighborhood input, or street maintenance needs. Parking restrictions could be established at the time of street projects or at any future date based upon general City parking requirements. 9. ALLEYS 9.01 Alleys are minor roadways which service parcels of property along the rear pr operty line. The primary source of funding of alleys is special assessments. 9.02 All alleys shall be concrete construction. Alley width is generally 10 feet in residential areas and 12 feet in commercial areas. 10. ASSESSMENT POLICIES 10.01 When assessments are levied for roadway improvements, the assessment will be calculated in accordance with the formulas set forth in the section on Assessment Formulas, using either the adjusted front foot method or per lot unit method. The adjusted front foot method will be used for assessment purposes unless it is determined that the affected lots have received equal benefits. The City Council shall have final authority on the type of formula to be used. 10.02 The total project cost for streets constructed or reconstru cted in any given project shall be equal to the actual construction cost, plus associated costs such as legal, bonds, administrative and engineering. 10.03 When the city CONSTRUCTS A NEW LOCAL OR MAJOR STREET, 100% of the total Legislative Policy Manual -- Chapter 8-B 6 project cost, including all utilities, will be recovered by assessing the benefiting property for actual benefit received. A new street shall be defined as a roadway which had not previously existed. 10.04 When the city RECONSTRUCTS AN EXISTING LOCAL OR MAJOR STREET, 70% of the total project cost will be recovered by assessing the benefiting property for benefit received. The remaining 30% shall be absorbed by the city. A reconstructed street shall be defined as a roadway which existed previously. 10.05 When the city CONSTRUCTS OR RECONSTRUCTS AN ALLEY, 80% of the total project cost will be recovered by assessing the benefiting property for benefit received. The remaining 20% shall be absorbed by the city. 10.06 When major street construction or reconstruction is partially financed by State Aid Funds, the adjoining properties will be charged an assessment as prescribed in this policy. The remainder of the street costs shall be paid by State Aid Funds or General Funds. 10.07 Lots which are split subsequent to a roadway improvement project shall be assessed as if in existence at the time the assessment was adopted, using the formula used at the time of assessment plus interest as per current City policy from date of assessment. 10.08 The following items are to be assessable as part of a r econstruction project cost: 1. Remove concrete curb and gutter 2. Remove pavement 3. Remove/replace concrete steps 4. Construct and reinforce concrete steps 5. Remove concrete driveway pavement 6. Remove/construct apron 6" thick concrete pavement (residential) 7. Remove/construct apron 8" thick concrete pavement (commercial) 8. Common excavation 9. Core excavation 10. Concrete curb and gutter 11. Bituminous pavement 12. Concrete Pavement 13. Saw joint 14. Adjust manholes 15. Adjust catch basin 16. Adjust gate valves 17. Retaining wall 18. Electric conduit 19. Construct 4' x 8" thick valley cone gutter 20. Surfacing aggr. Cl. 2 100% crushed 21. Cultured sod with 4" thick topsoil in place 22. Clearing 23. Grubbing 24. Aggregate backfill 25. Replacement of driveway aprons 26. Construct concrete pedestrian ramps 27. Full-depth asphalt milling and overlay Legislative Policy Manual -- Chapter 8-B 7 28. Pavement reclamation 10.09 The following items are to be assessable, at 50% for single family or duplex properties and 100% for commercial properties, of the actual cost as part of a reconstruction project: 1. Sanitary sewer service line replacement from the main to the property line 2. Water service line replacement from the main to the property line 10.10 The following items would not be included in a reconstruction project cost. The items will be billed directly or assessed to the benefited property: 1. Sewer and water service line repairs 2. Random 6-8" concrete pavement 3. Random concrete sidewalk 4. Random sod 10.11 The following items will be paid at city expense when part of a reconstruction project: 1. Remove, replace or relocate hydrants 2. Install hydrants and/or gate valves 3. Sanitary sewer and water mains repair and replacement 4. Storm sewer reconstruction or construction 11. ASSESSMENT FORMULAS 11.01 The adjusted front foot method of assessment uses the actual frontage or adjusts lots to an average frontage by using area ratios or the average lot frontage in the project area. When the adjusted front foot method is used, the individual lot assessment shall be calculated as follows: Assessment = Total Project Cost X Assessable Adjusted Front Total Adjusted Fo otage of Lot Front Footage 11.02 The per lot/unit method of assessment is intended to simplify the assessment process by assuming that all properties to be assessed will receive equal benefits. When the per lot/unit method is used, the individual lot assessment shall be calculated as follows: Assessment = Total Project Cost Number of Lots 11.03 The adjusted front foot is calculated using the following methods: 1. In the RECTANGULAR BLOCK AREAS of the city the adjusted front footage for street or alley construction is the actual footage of the lot abutting the improvement. Side streets in these areas are assessed to the entire block on an adjusted front foot basis. See Figure A. East-West alleys, north or south of Mainstreet are assessed 7 feet to Mainstreet properties and 5 feet to the balance of the block on an adjusted front foot basis. 2. In the ODD-SHAPE LOT AREAS the following methods are used: Legislative Policy Manual -- Chapter 8-B 8 a. In areas where the MAJORITY of lots are odd-shaped, the adjusted front footage of a lot is determined as follows: Area of Lot Project Adjusted Front Footage = Total Area X Centerline of Assessable Footage Lots Adjusted front footage minimum is 100 feet and maximum is 150 feet using this me thod. b. In areas where the MINORITY of lots are odd-shaped, the adjusted front footage for the odd-shaped lots is determined by the average actual front footage of the rectangular lots assessed. Adjusted front footage maximum is 150 feet using this metho d. 11.04 Assessment Caps 1. Maximum per foot assessment. The maximum per foot assessment amount to single family residential properties (single unit or duplex unit) may not exceed the assessment cap.. This cap applies only to total street reconstruction co sts (public improvements) and the associated assessments. It does not apply to partial reconstruction, i.e. curb replacement and asphalt overlay or full-depth milling/overlay or other assessable roadway improvements. The cost of special neighborhood requests which are non- standard construction items are excluded when comparing the current project assessment to the assessment cap amount. Properties subject to the front foot assessment cap during an improvement project shall not be charged assessments for side street or alley work completed as part of the project. The project feasibility report will include the per foot assessment cap amount. The assessment cap will increase at a rate of three percent (3%) per year to account for inflation. 2. Multiple Assessments. There shall be a maximum of two (2) concurrent special assessments for street or alley improvement to any single family residential properties (single unit or duplex unit) within any 10-year period. Volunteer assessment, i.e. assessments petitioned by property owners, do not apply to the maximum. Assessments created by road/alley construction or reconstruction deemed as emergency work by the City Council do not apply to the maximum. 11.05 In certain unusual cases assessments may be determined by a fair comparison to other assessed property or through an independent benefit appraisal. This will be determined by the Engineering Division of Public Works and can be appealed to the City Council. 12. ASSESSMENT INTEREST RATE 12.01 Following approval of the assessment roll by the City Council, assessments not paid within the timeframe established by the City Council plus 30 days shall bear interest at 2% over the True Interest Cost (TIC) of the bonds sold to finance the project. 12.02 If bonds are not sold in a timely enough fashion to establish the TIC, the assessments shall bear interest at 2% over the anticipated TIC of the bonds sold to finance the project . Legislative Policy Manual -- Chapter 8-B 9 Established 11/03/87 Revised 04/15/97 Revised 12/15/1998 Revised 04/20/2004 Revised 12/18/2012 City of Hopkins Legislative Policy Manual -- Chapter 8-B 10 FIGURE A ASSESSING POLICIES FOR IMPROVEMENTS IN RECTANGULAR BLOCK AREAS Improvements in this block assessed to abutting properties on the basis of adjusted front footage Improvements on side streets assessed to abutting blocks on the basis of adjusted front footage Legislative Policy Manual -- Chapter 8-C 1 POLICY 8-C OTHER LOCAL IMPROVEMENTS 1. PURPOSE 1.01 The purpose of these policies is to establish guidelines and procedures for improvements within the City of Hopkins. 2. GENERAL 2.01 This policy relates to improvements eligible to be assessed under authorization of Minnesota State Statutes Chapter 429.021. 2.02 Assessable improvement projects shall conform to the procedural requirements of Chapter 429 which generally are as follows: a. Project initiation by petition or Council resolution b. Resolution ordering preparation of Engineers Report c. Resolution Approving Engineers Report & Ordering a Hearing d. Publication and individual notification of hearing e. Public Hearing f. Resolution Ordering Improvement g. Resolution Ordering the Preparation of Assessment Roll h. Public Notice of Hearing on assessments i. Assessment Hearing j. Resolution Adopting Assessment Roll k. Filing of Assessments with Hennepin County 3. SEWER AND WATER 3.01 The following method shall be used in distributing costs on sewer and water improvements: a. Connections are charged to parcels where they are actually located. Costs of work done in front of properties (laterals) are charged to the abutting property either on a front foot basis, or an average width of lot basis, or an equal division basis. Costs of installations which are "shared" such as ends of blocks, necessary mains, lift stations, manholes, etc., are charged to all benefiting property on an area basis. Sometimes areas which lie close to the improvement are charged on a higher basis than more remote areas. Legislative Policy Manual -- Chapter 8-C 2 4. DRAINAGE IMPROVEMENTS 4.01 The following method shall be used in distributing costs on drainage improvements: a. The City policy is to pay for all street and alley storm sewers from the general fund. Any new surface or reconstruction of existing surface would be assessed as otherwise herein defined. 5. FIRE PROTECTION SYSTEMS 5.01 Definition: "Fire protection system" means pipes, standpipes, sprinklers, control systems, hydrants, and other devices and equipment installed in or outside a building for the primary purpose of eliminating or reducing the spread of fire in the building or providing for safe evacuation of the building, whether the devices and equipment are publicly or privately owned. 5.02 Policy: The City of Hopkins, at its sole discretion, may honor petitions to construct, reconstruct, alter, extend, operate, maintain and promote fire prot ection systems in existing buildings under the following conditions: 1. The project meets the requirements of Minnesota State Statute 429.031. 2. The total amount of petitions honored for a given calendar year do not exceed $200,000.00. 5.03 Petitions will be honored on a first come, first serve basis. If the amounts requested exceed dollars allocated for that year the petitions will be placed on a list and honored the following year in order of greatest need using the following criteria: 1. Orders issued by the City requiring the work or its' equivalency be done. 2. Financial hardship by the requesting company such as not being able to qualify for a loan to do the work. 5.04 Procedures: 1. A petition or letter of application shall be submitted and signed by all owners of the property. 2. The petition shall also contain the plans and specifications for the improvement, the estimated cost of the improvement and a statement indicating whether the City or the owner will contract for the construction of the impro vement. 3. If the owner is contracting for the construction of the improvement, the City shall not approve the petition until it has reviewed and approved the plans, specifications, and cost estimates contained in the petition. 4. The construction cost financed under Section 429.091 shall not exceed the amount of the cost estimate contained in the petition. 5. The petitioner may request abandonment of the improvement at any time after it has been ordered pursuant to Section 429.041 Subdivision 1 and before contracts have been awarded for the construction of the improvement under Section 429.041, Subdivision 2. If such a request is received, the City Council shall abandon the proceedings but in such case the petitioner shall reimburse the City for any and all expenses incurred by the City in connection with the improvement. Legislative Policy Manual -- Chapter 8-C 3 6. The cost of the improvements plus an administrative fee of 5% or $100.00, whichever is greater, will be assessed to the petitioning property owner under the provisions of Section 429. The length of the assessment shall not exceed 10 years and the interest rate shall not exceed 8%. 6. RESIDENTIAL STREET LIGHTING 6.01 General: This policy applies to residential street lighting erected within the public right -of- way for the purpose of lighting public streets. 6.02 Residential street lighting should, by definition, provide adequate illumination for information relative to the street geometry, to objects or activities within the street, and to objects or activities in areas immediately adjacent to the street. 6.03 Due to the inability of street lights to provide good security illumination and due to public funding limitations, personal or neighborhood security lighting requests shall be reviewed as to conformance to the warrants made a part of t his policy. In a case where a request for personal or neighborhood security lighting does not meet the warrants, it shall be recommended that those persons desiring that lighting should purchase such lighting from the local power utility. Such lighting may be installed on public right-of-way or on private property. All such installations on the public right -of-way shall require a permit from the City. Any lights that may overlap proposed or existing lighting, are too close per the City standards or are deemed hazardous or unnecessary for traffic safety will not be recommended for installation. Traffic safety shall mean both vehicle and pedestrian safety. 6.04 Warrants: Upon receiving a request or petition to install residential street lighting, an engineering evaluation shall be made of the subject location to determine whether that location warrants installation of such lighting. Such additional residential lighting is warranted when any of the following conditions are present: - Existing at grade intersection - Existing crosswalk or trail intersection with street - Cul-de-sac or dead end street more than 300 feet long - Where the luminare spacing using 100 watt high pressure sodium lighting is more than + tolerance 200 to 225 feet (provides 0.4 foot candle recommended average illumination). - Where hazardous conditions exist due to limited sight distance caused by vertical and/or horizontal alignment of the roadway and/or other roadway environment conditions. 6.05 Street Light Request : Street lights will be considered upon receipt of a petition from property owners on the affected street, or upon recommendation of the City Council or of the engineer. Consideration will be given only when such petition, and thereafter review by the City, demonstrates a specific need warranted, due to traffic safety. 6.06 A petition requesting residential street lights shall be signed by 35% of the abutting property owners. The petition and signatures shall mean the consent of the affected owners to locate a light near their property. Such consent will be deemed effective if a light is located within 200 feet in any street direction from the proposed location on either side of the street. Legislative Policy Manual -- Chapter 8-C 4 6.07 Payment for Street Lights: Costs for the furnishing and installation of residential street lights plus engineering and administrative costs will be assessed to the benefited properties. Costs to be assessed will be established by the City Council at public hearing after all the costs are known. All electricity and maintenance for residential street lights will be paid for by the City out of the general fund. Established 8/18/87 City of Hopkins Legislative Policy Manual -- Chapter 8-D 1 LEGISLATIVE POLICY 8-D SOLID WASTE COLLECTION PROCEDURES 1. PURPOSE 1.01 The purpose of this Policy is to outline policies regarding all solid waste collection methods and administrative procedures. 2. REFUSE COLLECTION 2.01 Residential refuse collection in the City service area is provided by the City for a fee established by Council Resolution, on a once a week basis with an automated system using containers provided by the city. 2.02 The general location for containers in areas without alleys is in the street boulevard one (1) to three (3) feet behind the curb line with handle positioned away from the street (arrows toward truck). 2.03 When alleys are present, and conditions allow, containers are to be located in the alley. The proper container location is one (1) to three (3) feet behind the alley edge line with the handle away from the alley. 2.04 The container should be placed a minimum of four (4) feet from any building or other obstacle and a minimum of four (4) feet from any other container. 2.05 The Public Works Department reserves the right to designate location of containers to maintain an efficient pattern of collection and/or allow safe operations. 2.06 Cans in alley locations that require trucks to be backed will only be collected from the street side of the residence. 2.07 Automated refuse truck operators DO NOT leave the vehicle to move cans or put extra bags into cans. 2.08 Container accessibility is the responsibility of the resident. This includes snow removal to allow pick up during the winter months. Special care should be taken to place the containers where a vehicle will not block pick up. 2.09 The container may remain at the pick up location only on the pick up day or until it is collected if normal pick up is delayed. Containers can remain out at the pick up site continuously only by approval of the Public Works Department. 2.10 Containers will be stenciled with the home address for identification. 2.11 The resident is responsible for cleaning the container and any repairs caused by negligence. 2.12 The City will repair damage caused by collection equipment or conditions beyond the resident's control. Residents may be charged for repairs or lost containers if negligence is determined by the Public Works Dept. (subject to City Manager review). 2.13 Items not accepted in the container include but are not limited to; tires, junk cars, car parts, waste oil, paint products, lead batteries, all household batteries (i.e. nickel cadmium batteries, mercury batteries, button batteries etc.), brush, yard waste, leaves, fluorescent tubes, metal barrels or drums, major appliances, or hazardous wastes. In addition to these items, any material banned from disposal through the Minnesota Waste Management Act will not be accepted inside the container. Legislative Policy Manual -- Chapter 8-D 2 2.14 Only refuse which is contained within the refuse container(s) will be collected. If the resident is present when the container is being collected, extra refuse equal to two (2) additional containers full, placed in the container by the resident, will be accepted for an extra charge based on the size of the container at the property. Fees are set by Council resolution. 2.15 Collection will be performed weekly. In the event of a holiday during the collection schedule, in most cases normal collection for the balance of the holiday week will be one day later. However, because of the two day Thanksgiving Holiday, refuse collection for residents in Thursday's route, during this holiday, will be collected one day early, on Wednesday. 2.16 Refuse containers must be set out by 6:00 a.m. of the collection day or the night before. 2.17 The City provides a choice of three different container sizes; 30 gallon, 60 gallon and 90 gallon. Containers selected by residents must be large enough to contain the household refuse generated each week. The city reserves the right to designate container size if necessary in cases where refuse is found to overflow the co ntainer or accumulate on the property. Multiple container requests that equal a larger single size container will not be allowed. 2.18 Extra refuse containers for weekly picks up (City Service Area) are available at an additional monthly charge for each co ntainer. 2.19 Lids must be closed (not flopped back). All refuse must be confined to inside the container and not protruding. A protrusion of refuse out of the container is unsanitary and reason for non-collection. 2.20 Changes in number of containers and container sizes are limited to one change for each three month period. 2.21 Each occupied residential dwelling unit is required to have refuse services provided by the city and to pay for that service. 3. EXTRA REFUSE SERVICES 3.01 Carry out service a. Available (City Service Area) at an additional monthly charge to disabled residents only. (Doctor letter required). b. The resident must use a city supplied container and have it in an outside location that is accessible. 3.02 Call Back Service a. If time allows and under special circumstances, the city may offer to return to a property on a day other than their regular refuse day for an additional pick up of refuse. An additional fee will be charged for this service. Fees are established by Council Resolution. 3.04 Special Bulk Item Pick-up (City Service Area). a. Conducted weekly (Thursdays) during the year on a call-in basis ONLY. Call before 2:00 p.m. on Wednesday for collection on Thursdays. Legislative Policy Manual -- Chapter 8-D 3 b. The pick-up charges are established by council resolutio n and are based on a per stop and/or bulk item charge schedule. For loose volume material the fee is based on each 3/4 cubic yard of material set out for pick-up. c. Items accepted are those too large for normal refuse container pick up and MUST be liftable by 2 men. Maximum item size is 4' X 6'. d. Place all items at the normal refuse collection site. All small items MUST be boxed or bagged. e. Keep all items must be at least four (4) feet from the refuse container. f. See section 3.06, for items NOT accepted. Major appliances are accepted through this service. g. BULK ITEM DEFINITION: Bulk items include furniture, sofas, stuffed chairs, mattresses, box springs, carpets, major appliances (excluding gas refrigerators and gas air conditioners), etc. 3.05 Bulk Item Drop Off (City Service Area) a. A drop off for bulk items will be conducted at a city designated location twice a year. Fees are established by Council Resolution. b. Material brought by residents to the site will be collected in 30 cu. yd. roll off containers (licenses will be checked to establish residency). c. Amount not to exceed three (3) cubic yards [approx. one (1) pick -up truck load] per household. d. See section 3.06 for items NOT accepted. 3.06 Items NOT included in these extra pick up services. a. Hazardous Wastes; should be taken to a Hennepin County drop off facility. Call Hennepin County for more information. b. Other items not accepted include, but are not limited to; brush, yard waste, leaves, tires, junk cars, waste oil, paint pro ducts, car (lead) batteries, fluorescent bulbs, HID lamp bulbs, mercury switches, thermostats, button (mercury type) batteries, nickel cadmium batteries, gas air conditioners and refrigerators, and metal barrels or drums. c. Brush; No Brush. Keep brush separate from items set out during these scheduled bulk item pickups and do not bring brush to the bulk item drop off. See Section 4.02 and 4.03 for more information on brush disposal. d. Yard Waste; No yard waste/leaves are accepted as part of these scheduled bulk item pickups and do not bring yard waste to the bulk item drop off. See Section 4.03 and 4.04 for more information on Yard Waste disposal. 4. SPECIAL COLLECTIONS 4.01 Recycling a. Curbside/Alleyway Collection 1. The City provides contracted curbside/alleyway single stream recycling collection every other week to residents within the City Service Area and by special contract . Legislative Policy Manual -- Chapter 8-D 4 2. Recycle materials collected are; newspapers; cereal, cake, cracker, and chip cartons; metal food and beverage containers (aluminum, bimetal, "tin" cans); glass jars and bottles (any color); Plastic container (#1 through #7) excluding those that previously contained motor oil or hazardous materials, mixed paper; and corrugated cardboard. Refer to current contract language for the most up to date information on materials collected. 3. All recycle materials are to be placed in the single stream cart and then the cart should be placed at the designated curb or alley location. Corrugated Cardboard that does not fit into the single stream cart should be flattened into 3’ X 3’ pieces, bundled with string and placed next to the single stream cart. 4. In most cases, recycling containers are to be placed at the normal refuse container site, at least four (4) feet from the refuse container. The Public Works Department reserves the right to designate location of recycling containers to maintain an efficient pattern of collection and/or allow safe operations. 5. Recycle materials must be set out by 6:00 a.m. every other week on the same day as regular refuse. The container may remain at the pick up location only on the pick up day or until it is collected if normal pick up is delayed. A calendar with recycle weeks designated will be sent to residential refuse customers annually. 6. Call back service is available, provided that the recyclables were set out by 6:00 a.m., properly prepared and placed into the acceptable containers. Missed collections called into the Contractor by 12:00 p.m. on the day following pick -up will have recycle material collected before 12:00 the next day. Missed collections called in after 12:00 p.m. will not be serviced at the earliest possible date. 7. Items not recyclable at this time include but are not limited to; window panes, oven proof glass (Pyrex), light bulbs, mirrors, paint cans, aerosol cans, building materials, and any other materials listed in the current recycling collection contract or defined by the MPCA as being non-recyclable. b. Recycling Drop Off Center 1. The City provides a free recycling drop off center as an extra service. The drop off is available to all residents and small businesses of Hopkins. 2. The drop off center is located at the City of Minnetonka's Operations and Maintenance Facility at 11522 Minnetonka Boulevard. 3. Residents/businesses may drop off recyclable items 24 hours a day. The items accepted at the drop off are the same as those collected curbside/alley side. c. Materials are to be prepared as follows: 1. Glass jars and bottles -- Rinsed to remove remaining food substances. Remove lids and rings. Labels do not need to be removed. 2. Metal Food Cans -- Rinsed to remove remaining food substances. It is not necessary to remove labels or flatten cans. 3. Corrugated Cardboard – Flatten and cut into 3’ X 3’ pieces. 4. Plastic -- Rinsed to remove remaining food/detergent substances. Labels do not need to be removed. Flattened. Plastic caps do not need to be removed. Legislative Policy Manual -- Chapter 8-D 5 5. Cereal, Cake, Chip and Cracker boxes. Remove food and liner, flatten box. 6. Refer to collection contract for the most up to date information regarding materials accepted. 4.02 Brush Pick Up a. The City provides brush pick up free (City Service Area ONLY) on a call in basis for a designated period of time in the spring and one Tuesday in the fall. Dates are determined by Public Works Staff. During all other Tuesdays a fee per pick-up is charged. Fees are established by Council Resolution. b. BRUSH DEFINITION: Tree limbs and branches up to a maximum of 6 inch diameter and 15 foot length..includes t wigs and other tree parts within size definition. c. Brush is picked up from the boulevard side of the residence ONLY due to height restrictions for equipment in alleys. d. Brush must be stacked on the boulevard in a neat pile, parallel to the street. Small twigs can be placed in cardboard boxes, but not in plastic bags. Keep brush far enough away from containers (4 feet) to allow regular automated refuse pick up. Keep brush at least 5 feet away from utility poles and parked cars. Do not pile brush und er trees and shrubs, behind fences or under overhead wires. e. Normally, brush pick up is completed every Tuesday, except for holidays and during un- usual conditions such as snowstorms. f. Calls are taken through Monday before 2:00 p.m. for scheduled pick up that Tuesday. g. State Law prohibits mixing brush in the same container with regular household waste. DO NOT put brush in your refuse container. h. Only brush that is generated on Hopkins properties will be picked up. Brush from land clearing operatio ns will not be accepted. 4.03. Brush and Yard Waste Drop Off a. The city provides a free Brush and Yard Waste drop off site. The site is open Monday, Wednesday and Saturday. The site is located at 3100 Hopkins Crossroads. Dates and hours of operation are determined by Public Works Staff. b. All material brought to the site must be separated according to brush and yard waste definitions in sections 4.02 and 4.04 and all material must have been generated within the city of Hopkins boundaries. c. Materials will not be accepted from lawn services. 4.04 Spring/Summer Yard Waste Program a. The City provides a free yard waste pick up (City Service Area) for a designated period of time in the spring. Dates are determined by Public Works Staff. b. A per bag fee is charged during the non-free pick-up period. Fees will be collected by the sale of yard waste stickers. Yard Waste Stickers must be affixed to each bag as payment for pick up during this time period. Stickers may be obtained by stopping at City Hall or Public Works. They may also be obtained by calling Public Works, and ordering a minimum of ten stickers which will be mailed out, and the charge placed on the utility bill. Legislative Policy Manual -- Chapter 8-D 6 c. Yard waste is picked up with a rear load refuse truck by a City crew on the same day as regular refuse pick-up in the city service area. d. YARD WASTE DEFINITION: Leaves (with twig stems no longer than 4 inches), grass clippings and similar garden waste will be accepted. Items not accepted include: No animal feces (please clean up aft er pets before raking your lawn), branches, vines, long twigs, sod waste, shrub clippings, and no garden products such as melons, pumpkin, squash, potatoes, apples, tomatoes, etc. Place unused garden products, such as these, into your regular refuse container. e. Yard waste must be placed in compostable bags that meet the ASTM D6400 standards or in a 30 gallon or smaller container (maximum weight -40 lbs.) and placed at the normal refuse container collection site the same day as scheduled refuse pick up. Keep yard waste materials far enough away (4 feet) to allow regular automated pick up. f. State Law prohibits mixing yard waste in the same container with regular household waste. DO NOT put yard waste in your refuse container. 4.05 Fall Leaf/Yard Waste Collection a. Area 1 - Belgrove, Hobby Acres, Park Ridge, Interlachen Park 1. The City provides street pick-up of leaves/yard waste in the Belgrove, Hobby Acres, Park Ridge, and Interlachen Park areas using front -end loaders and dump trucks. This is done because of: the amount and type of trees in these areas; the cooperation of the neighborhood associations; and the cost savings to the City due to the large concentrations of leaves in these areas. Residents of these areas are encouraged to place all leaves at the curb area and avoid bagging due to this clean-up procedure. Leaves may not be placed in the street until the day before the street pick up. Placing leaves in the street prior to one day before pick up is a violation of City Code 615.02 and 800.07. 2. Residents in these areas are charged a per bag fee for bags generated in the fall. Stickers will be sold and must be affixed to each bag as payment for pick up during this time period. Stickers may be obtained by stopping at City Hall or Public Works. They may also be obtained by calling Public Works, and ordering a minimum of ten stickers which will be mailed out, and the charge placed on the utility bill. 3. Yard Waste must be placed in compostable bags that meet the ASTM D64 Standards or in a 30 gallon or smaller container (maximum weight-40 lbs.) and placed at the normal refuse container collection site the same day as scheduled refuse pick up. Keep yard waste materials far enough away (4 feet) to allow regular automated pick up. 4. State Law prohibits mixing yard waste in the same container with regular household waste. DO NOT put yard waste in your refuse container. 5. Residents in these neighborhoods who live on 5th Ave N., Minnetonka Mills Road, Washington Ave N., County Roads 73 and 5, and Blake Road will receive free bag pick up as defined in 4.05, B. Area 2 – All other areas of the City Service Area. This is due to county restrictions and high traffic levels. b. Area 2 - All other areas of the City Service Area Legislative Policy Manual -- Chapter 8-D 7 1. The city provides free bagged leaf/yard waste pick up in the fall for all residential refuse customers who do not live in the areas where street pick up takes place. Dates for the free fall bagged leaf/yard waste pick up are determined by Public Works staff. 2. A per bag fee is charged during the non-free pick-up period. Stickers will be sold and must be affixed to each bag as payment for pick up during this time period. Stickers may be obtained by stopping at City Hall or Public Works. They may also be obtained by calling Public Works, and requesting that they be mailed out, and the cost placed on the utility bill. 3. Yard Waste Definition: See section 4.04 d. 4. Leaves must be bagged in compostable bags that meet the ASTM D6400 standards, or in a 30 gallon or smaller container (maximum weight -40 lbs.) and placed at the normal refuse container collection site (leaf/yard waste bags, etc., must be a minimum of 4 feet from the refuse container). 5. Weather conditions may delay the pick up and/or cause changes in the scheduling. All efforts will be made to complete the pick up as scheduled. 6. Yard Waste is picked up with a rear load refuse truck by a City crew on the same day as regular refuse pick-up in the defined area. c. Yard Waste Definition: See Section 4.04 d. 1. Yard Waste must be bagged in compostable bags that meet the ASTM D6400 Standards or in a 30 gallon or smaller container (maximum weight -40 lbs.) and placed at the normal refuse container collection site the same day as scheduled refuse pick up. Keep yard waste materials far enough away (4 feet) to allow regular automated pick up. 2. State Law prohibits mixing yard waste in the same container with regular household waste. DO NOT put yard waste in your refuse container. 4.06 Christmas Tree Pick Up a. The City provides pick up of Christmas Trees for residential refuse customers period expires residents must call in to schedule a brush pick up for a Christmas Tree and will be charged a fee. Established 8/18/87 Revised 7/1/97 Revised 2/17/09 Revised 12/18/12 City of Hopkins Legislative Policy Manual -- Chapter 8-E 1 POLICY 8-E STORM WATER UTILITY FEE CREDITS AND/OR ADJUSTMENTS 1. PURPOSE 1.01 To establish guidelines and procedures for the review of credits and/or adjustments of municipal storm water drainage fees. 2. GENERAL 2.01 The municipal storm water drainage utility utilizes a fee structure based on the anticipated relative contribution of storm drainage runoff volumes to the storm water drainage system. A parcel's contribution is determined by that parcel's size and its land use, u nder the principal that more intensively developed land uses typically have a larger percentage of impervious surface and contribute a much greater volume of water and/or sediment/nutrient loadings to the system. It is recognized that some parcels, due either to their unique topographic, vegetative, geologic and other characteristics, or the existence and maintenance of on-site storm drainage control, detention, or retention facilities have a hydrologic and sediment/nutrient loading response substantially different from that of similarly sized parcels of the same land use. To provide for an equitable assessment of storm drainage fees, based on reasonable expected contribution of flows and sediment/nutrients, provisions need to be made to permit adjustments or credits to the storm drainages fees for all parcel classes except Class 1 (single family and duplex residential). 3. POLICY 3.01 The basis of the City of Hopkins' storm water drainage fees is the anticipated relative contribution of storm water volumes and sediment/nutrient loadings to the storm drainage system from a given parcel. Where unique or unusual conditions exist where the actual contributions of water volume and sediment/nutrient loadings from a given parcel are substantially different from those anticipated by the storm drainage fee structure, the Public Works Director or his designate may adjust or credit the storm drainage fee for said parcel to an appropriate level in accordance with the guidelines and procedures specified herein. 4. PROCEDURES 4.01 It is the responsibility of the property owner or his agent to present to the Public Works Director or his designate, sufficient information concerning a parcel's hydrologic characteristics to permit an accurate assessment of the conditions that exist. This information may include, but is not limited to: a. Site plan and certified survey showing locations of all property lines, buildings and other development relative to lot lines. b. The total lot area and area of impervious surfaces. c. Site topography or contours of sufficient detail to ascertain flow directions, rates and volumes. d. Size, details and/or volumetric characteristics of any drainage control facilities. e. Hydraulic calculations specifying outflow volumes and rates for various rainfall events. Legislative Policy Manual -- Chapter 8-E 2 4.02 Where the unit runoff generated by a parcel differs from the assigned amount for that land use category by more than 20%, the Public Works Director or his designate may adjust the parcel's storm water drainage fee in accordance with the following procedure: a. Calculations of unit runoff for the parcel shall be determined by the methods outlined in the Soil Conservation Service Technical Release No. 55, utilizing a 2" total rainfall amount and antecedent moisture condition II. b. If calculated unit runoff is shown to differ from the assigned amount for that land use category by 20% or more, than the number of assigned REF's for that parcel shall be adjusted by multiplying by the ratio of the calculated unit runoff to the standard unit runoff. c. A parcel's storm water drainage fee shall be subject to increases as well as decreases by this procedure. d. Because single family and duplex fees are not based upon actual parcel acreage, no adjustments for unit runoff differences will be made for t hose land uses. 4.03 Wet pond credits are calculated using the following methods. A parcel may be credited for up to 40% of the storm water drainage fee for on-site measures which are owned and maintained by the applicant which effectively reduce the outflow of sediment/nutrients from the site. Credit percentage shall be based on 40% of the actual percentage of sediment removal efficiency, as determined by the following procedure, rounded to the nearest 5%; except that no credit will be given for sediment removal efficiencies of less than 20%. a. Determine a total site acreage and percent of site that has an improved or impervious surface. b. Calculate the annual depth of runoff from the following equation: D = 0.9 P (0.05 + 0.9 I) Where: D = annual dept h of runoff in inches. I = percent of site impervious area, expressed as a decimal P = annual depth of precipitation = 29 inches c. Calculate annual volume of runoff in acre-feet: V = site acreage X (D/12) d. Determine pond capacity below outlet elevation in acre-feet. e. Calculate capacity inflow ratio (CIR), where: CIR = pond capacity /V f. Read sediment removal efficiency from the Brune's Trap Efficiency Curve. g. Credit = 0.4 (percent sediment removal efficiency). h. Round credit to the nearest 5% and multiply by the original storm sewer utility rate. This will be the fee deduction for having a wet pond. Legislative Policy Manual -- Chapter 8-E 3 4.04 Storm water detention credits are established by using the following methods. A parcel may be credited for up to 35% of the storm water drainage fee for on-site measures which limit storm water outflow rates from the site in accordance with the following procedure: a. 15% credit for parcels which limit peak outflow rates during a 5-year rainfall event to pre-development rates. b. 20% credit for parcels which limit peak outflow rates during a 10-year rainfall event to pre-development rates. c. 25% credit for parcels which limit peak outflow rates during a 25-year rainfall event to pre-development rates. d. 30% credit for parcels which limit peak outflow rates during a 50-year rainfall event to pre-development rates. e. 35% credit for parcels which limit peak outflow rates during a 100-year rainfall event to pre-development rates. f. No detention credits will be given for parcels which do not limit 5-year events to pre- development rates. Pre-development runoff rates shall be determined using the Rational Method of runoff prediction with a "C" value of 0.2. Time of concentration shall be no shorter than 30 minutes. Only one of the above credits (a-f) may be applied to each parcel. Detention ponds which operate between the steps described above will receive the lower credit. 4.05 Credits shown in 4.03 and 4.04 above may be cumulative. Legislative Policy Manual -- Chapter 8-E 4 4.06 The Public Works Director reserves the right to inspect periodically all storm drainage control facilities to ascertain that they are operating properly. If such a system, due to improper maintenance or other reason, fails to detain or cleanse storm water runoff in an effective manner, the Public Works Director may eliminate or reduce water quality or detention credits to an appropriate level. Any such facility shall not be eligible to apply for storm drainage fee adjustments for a period of 12 months following any credit adjustment. Credit adjustments shall not be made retroactively. The issuance of any building permit or other action which changes or intensifies an existing land use shall be cause for an adjustment of storm water drainage fees to an appropriate level. 5. AUTHORITY 5.01 City of Hopkins Ordinance No. 89-640, City Code Section 720, an ordinance establishing a storm water drainage utility. Established 10/12/89 City of Hopkins Legislative Policy Manual -- Chapter 8-F 1 POLICY 8-F SNOW AND ICE CONTROL POLICIES AND PROCEDURES 1. PURPOSE 1.01 The City of Hopkins believes that it is in the best interest of the residents for the city to assume basic responsibility for control of snow and ice on city streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The city will provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns. The city will use city employees, equipment and/or private contractors to provide this service. 2. CITY CODES 2.01 Hopkins City Codes 1305.31 and 1305.33 are referenced and provide the basis for this policy. 3. POLICY 3.01 The Hopkins Public Works Department shall endeavor to maintain the city's street system in a safe and travelable condition. Snowplowing and sanding operations will be accomplished by subdividing the city's transportation system into a number of snowplowing routes equal to the number of snowplowing vehicles available. Within each of the areas, the collector and thoroughfare streets are defined as well as areas of steep grades and hazardous alignments that need extra care. Equipment is assigned to these zones based on the amount of effort required. The call out of equipment is dependent upon the time and severity of the snowfall. The most critical times are morning and evening rush hour periods. The plan is designed, it at all feasible, to have the snow removed from collectors, thoroughfares, and hazardous areas prior to the beginning of these rush hour periods. Subsequent to the priorities of the rush hour period, the remaining streets in residential and commercial areas are plowed. Snow and ice control operations are expensive and involve the use of limited personnel and equipment. Consequently, snowplowing operations will not generally be conducted for snowfall of less than two inches. 4. SNOW EMERGENCIES 4.01 Hopkins City Code prohibits parking on any public street or parking lot, including the parking ramp, after a snowfall of two (2) inches or more until the street has been plowed to the curb or removed from the street. The depth of the snow is determined by city monitoring device(s). 4.02 Cars normally parked on the street should be relocated to a parking area off the street when there is a snowfall of two (2) inches or more. The city offers two locations for parking during this time: 1) Lot 300 north of Downtown Park, and 2) Railroad right -of-way between 9th and 20th Avenues. Cars parked on the street or in a municipal parking lot (other than the two mentioned above) may be ticketed and towed to allow for efficient snowplowing. Legislative Policy Manual -- Chapter 8-F 2 4.03 Snow emergencies may be declared by the Public Works Department whenever a snow accumulation is two inches or greater. Snow emergencies declared after 10 p.m. will result in towing operations beginning at 8 a.m. on the following day. 4.04 If a snow emergency is declared, the Police Department will initiate notification procedures and will coordinate with public works on the removal of illegally parked vehicles. 4.05 Notification of snow emergencies will be accomplished in two ways: a. Police Department will place a recorded message on the Police Department's "SNOW LINE" detailing local snow plowing/towing regulations, whether or not a "snow emergency" has been declared, and procedures to follow when claiming a vehicle that has been towed. The snow line may be accessed by dialing 939-1399. b. Police Department will notify WCCO AM radio and WCCO TV to request public notification of a snow emergency and to outline the regulations stated in Section 4.01 and 4.02. 4.06 Coordination of the towing and retrieving of vehicles shall be the responsibility of the Police Department. 5. PROCEDURE 5.01 How snow will be plowed. Snow will be plowed in a manner so as to minimize any traffic obstructions. In most situations, the center of the roadway will be plowed first. The snow shall then be pushed from left to right. The discharge shall go onto the boulevard area of the street. When a plow goes on a bridge, the driver shall slow down so that snow does not go over the bridge if possible. In times of extreme snowfall, streets will not always immediately be able to be completely cleared of snow. 5.02 Snow Removal. The Public Works Department will determine when snow will be removed by truck from an area. Such snow removal will occur in areas where there is no room on the boulevard for snow storage and in areas where accumulated piles of snow create a hazardous condition. Snow removal operations will not commence until other snowplowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, personnel and budget availability. The snow will be removed and hauled to a snow storage area. The snow storage area will be located so as to minimize environmental problems. 5.03 Priorities and schedule for which streets will be plowed. The city has classified city streets based on the street function, traffic volume, and importance to the welfare of the community. Those streets having high priority will be plowed first. These are high volume streets which connect major sections of the city and provide access for emergency fire, police and medical services. The second priority streets are those streets providing access to schools and commercial businesses. The third priority streets are low volume residential streets. The fourth priority area are alleys and city parking lots. As mentioned in the policy statement, the snowplowing and sanding operations will be accomplished by subdividing the city's transportation system into a number of snowplowing routes equal to the number of snowplowing vehicles available. Legislative Policy Manual -- Chapter 8-F 3 5.04 Work schedule for snowplow operators. Snowplow operators will be expected to work eight-hour shifts. In severe snow emergencies, operators sometimes have to work in excess of eight-hour shifts. However, because of budget and safety concerns, the city will try not to work operators more than 12 hours in any 24-hour period. 5.05 Weather conditions. Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of city employees and equipment. Facto rs that may delay snow and ice control operations include: severe cold, significant winds and limited visibility. 5.06 Use of sand, salt and other chemicals. The city will use sand, salt, and other chemicals when there are hazardous ice or slippery conditions. The city is concerned about the effect of such chemicals on the environment and will limit its use for that reason. 6. SIDEWALKS 6.01 Sidewalks - Hopkins City Code requires an owner or the occupant of any property adjacent to a public sidewalk to remo ve snow or ice within 12 hours of its deposit. If this is not done, the city may remove the snow or ice and bill the property owner. Compliance with this ordinance requirement will help ensure the safety of all. 7. REFUSE CONTAINERS 7.01 Hopkins legislative policies require that refuse containers be accessible for pick-up and placed off street or alley to allow snow removal. This container may have to be placed in the driveway to meet both of these requirements. It is the responsibility of the resident to see that the container is not in the way of the snowplow and is also in a spot accessible to the garbage truck. Whenever possible, the Public Works Department will attempt to plow the refuse pick-up route early. 8. MAILBOXES 8.01 Mailboxes damaged during snow removal will not be replaced by the city, unless there is physical evidence that the snow removal vehicle actually hit the mailbox. If, due to snow build-up on the boulevards, mailboxes are tipped or knocked over from the weight of the snow, it shall be the responsibility of the property owner to repair or replace the mailbox. If the city is responsible, the mailbox will be replaced with comparable quality items. Residents are responsible for keeping the mailbox cleared for Post Office deliveries. 9. FIRE HYDRANTS 9.01 Fire hydrants are critical to minimize the potential losses involved in any fire. The Public Works and Fire Departments attempt to clear access to hydrants as quickly as possible after a storm. Residents are encouraged to assist the city by clearing hydrants near their property. If possible, they should be cleared five feet on each side to allow Fire Department access. 10. SAFETY 10.1 Minnesota statute and Hopkins City Code prohibit plowing, shoveling, blowing, or placing snow onto public roadways and boulevards. Placing snow on a public roadway can subject a person to civil liability if a road hazard, such as a slippery area, frozen rut, or bump occurs and causes a traffic accident. Established 10/17/91 City of Hopkins Legislative Policy Manual -- Chapter 8-G 1 POLICY 8-G SIDEWALK REPAIR AND MAINTENANCE 1. PURPOSE 1.01 The purpose of this policy is to ensure that all sidewalks along the streets in the City of Hopkins are kept and maintained in a safe condition for use by the public. 1.02 This policy relates to repairs of sidewalks as outlined in Section 820.07 of the Hopkins City Code. The repair of sidewalks outlined in this section are eligible to be assessed under authorization of Minnesota State Statutes Chapter 429. 2. POLICY 2.01 It shall be the policy of the City to inspect sidewalks along city streets once every six years in accordance with the zones designated on the Sidewalk and Alley Repair Zone Map. Following sidewalk inspection, recommendations for repair will be made to the City Engineer. 2.02 Sidewalks shall be repaired in accordance with the most current version of the Minnesota Department of Transportation Standard Specifications for Construction. 3. RESPONSIBILITY 3.01 It shall be the responsibility of the City Engineering division to perform sidewalk inspections on all such sidewalks designated for inspection during each given year. 4. PROCEDURES 4.01 By reason of the fact that the following sidewalk conditions endanger life, limb, and property, they are hereby declared to be nuisances, to wit: (a) Any crack fissure, 1/2 inch or greater raise between panels, hump, unevenness or condition therein of such width, height, depth or form that pedestrians lawfully using such walk might catch their shoes, feet, canes, crutches or other proper implements thereon or therein; or which might cause pedestrians using such walk to trip, stumble, or fall; or which endanger the use of such walks for travel with wheelchairs, perambulators or similar conveyances. (b) Sags or depressions which are considered hazardous by the City Engineer. (c) Accumulations of sod, vegetation or other materials creating hazardous conditions on such sidewalks, and any such accumulations extending more than three (3) inches over the edge of the sidewalk. (d) Water service valve covers on the sidewalk which are not flush with the walk. Any such conditions noted during a sidewalk inspection or otherwise observed by city employees will be recommended for repair to the City Engineer. 4.02 Complaints regarding sidewalks shall be forwarded to the City Engineer. Following receipt of a complaint, the City Engineering division will inspect the problem area and determine if repairs are necessary under this policy. Such repairs will then be recommended by the City Engineer. Legislative Policy Manual -- Chapter 8-G 2 Established 4/21/92 City of Hopkins Legislative Policy Manual -- Chapter 8-H 1 POLICY 8-H STREET RESTORATION REIMBURSEMENT FOR PRIVATE UTILITY SERVICE REPAIRS 1. PURPOSE 1.01 The Hopkins City Council recognizes that from time to time property owners experience very expensive street restoration costs when they are required to repair their water or sewer service within the city right -of-way. The City Council furthermore recognizes that some property owners may experience a situation where they may be paying an amount that is substantially higher than the average street restoration cost. 1.02 The purpose of this policy is to outline policies and procedures for reimbursing property owners who experience extremely high street restoration costs when performing repairs to their private water and sanitary sewer service within the city right -of-way. 2. ELIGIBILITY FOR REIMBURSEMENT 2.01 Property owners of homesteaded single family or duplex properties are eligible for street restoration reimbursement under this policy. All other property owners are ineligible. 3. REIMBURSEMENT CONDITIONS 3.01 Property owners may request reimbursement for all street restoration costs that exceed One Thousand Two Hundred Fifty Dollars ($1,250) for each service repair they experience. 3.02 The only street restoration costs eligible for reimbursement are those costs associated with removing and replacing the pavement section and public sidewalk. These items include: bituminous or concrete pavement, curb and gutter, pavement base course, and the public sidewalk. Items not included are: backfilling, grading, sod, private walks, carriage walks, disposal fees, hauling costs, traffic control, or any other work not directly related to replacing the roadway pavement or public sidewalk. 3.03 Property owners shall be ineligible for street restoration reimbursement when falsifying information requested by the city in processing the reimbursement. City staff shall have the authority to deny any such claims. Claims may be denied completely, or in portions. 3.04 Property owners may appeal reimbursement denials to the Hopkins City Council after submitting their appeal in writing to the Hopkins City Manager. The appeal shall contain the reason for the appeal as well as all pertinent information that may be needed by the City Council in reviewing the appeal. 4. REIMBURSEMENT NOTIFICATION 4.01 Notification of the City's reimbursement policy will be distributed to both the person applying for the plumbing permit, and to the property owner. 4.02 The plumbing permit applicant will receive notice of the city's reimbursement policy when applying for the plumbing permit. 4.03 The property owner will be mailed notice of the city's reimbursement policy subsequent to the plumbing permit being approved by the city's Inspection division. Legislative Policy Manual -- Chapter 8-H 2 5. REIMBURSEMENT PROCEDURE 5.01 Street restoration reimbursement requests shall be submitted to the Engineering Superintendent or his designee, after full payment has been made by the property owner to the plumbing contractor. 5.02 The reimbursement shall be in writing by the property owner and contain itemized costs submitted by the plumbing contractor for the entire repair. The information required includes repairs to the utility service and to the city right -of-way. 5.03 The reimbursement amount will be the lowest of: 5.03.1 The quantities submitted and verified in the reimbursement request at t he current unit prices paid by the City to its general street restoration contractor x 1.2 or 5.03.2 The actual prices paid by the property owner The difference between this amount and $1,250 will be paid as a reimbur sement to the property owner. The city shall have full authority to request additional information from the property owner, or the plumbing contractor, when verifying requests. 5.04 Any repair not acceptable to the city shall be corrected to the city's sat isfaction prior to any reimbursement being made by the city. 5.05 After the Engineering Superintendent or his designee has approved the street repair and the reimbursement information, the reimbursement shall be forwarded to the city's Finance department for issuance of a reimbursement check. 5.06 The city's Finance department shall follow all established policies and procedures when issuing the reimbursement. 6. REIMBURSEMENT FUNDING 6.01 The funds for reimbursements shall be provided by the city's water and sanitary sewer funds. The water fund shall provide funds for reimbursements associated with water service repairs, and the sanitary sewer fund for reimbursements associated with sanitary sewer service repairs. In the event that repairs are made to both the water and sanitary sewer services the reimbursements shall be funded 50% from the water fund, and 50% from the sanitary sewer fund. 7. REIMBURSEMENT DEADLINES 7.01 Reimbursement must be submitted in writing to the city's Engineering Superintendent or his designee within 60 days of issuance of the plumbing permit. Reimbursement requests submitted after this date shall be ineligible for reimbursement. The only exception to this rule will be in cases where restoration must be delayed due to weather conditions. 8. EFFECTIVE DATE 8.01 This policy shall be effective as of January 1, 1994. All private service repairs made after this date shall be eligible for reimbursement. Service repair dates shall be determined by the date of plumbing permit issuance. The 60-day reimbursement deadline contained in section 6.01 shall be waived for all service repairs made between January 1, 1994 and the adoption date of this policy. Established 7/19/94 Revised 12/18/2012 City of Hopkins 2 POLICY 8-I COMPLETE STREETS POLICY 1. VISION This Complete Streets Policy incorporates the City of Hopkins’ belief that streets and roadways should be designed and operated to be safe and accessible for all transportation users whether they are pedestrians, bicyclists, transit riders or vehicular motorists. Transportation shall include all multi-modal users regardless of age or ability. 2. PURPOSE/BENEFIT Complete streets will create transportation corridors that are safe, functional and aesthetically attractive for all users as supported by the following principles: 1. Safety a. The guiding principle of Complete Streets is to provide safety for all road users. 2. Public Health a. The City of Hopkins can promote public health and physical activity through the constructed environment. 3. Access and Transportation Equity a. Not all residents of the City drive a vehicle and rely on safe alternative modes of transportation such as walking or biking. 4. Affordable Transportation Choices a. Gas prices are constantly fluctuating and alternative modes of transportation should be supported. 5. Economic Development a. Walking and biking offer additional means to access businesses and encourage economic development. 6. Environment a. Complete Streets supports many transportation options that help lessen dependence on oil and promote cleaner air. 7. Cost Effectiveness a. Designing roads with all users in mind from the beginning reduces costly retrofits. 8. Quality of Life/Social Capital a. Walkable neighborhoods increase community interaction and promote a small town feel. B. COMPLETE STREETS ELEMENTS: a. Transportation improvements will include facilities and amenities that are recognized as contributing to Complete Streets, which may include street and sidewalk lighting; sidewalks and pedestrian safety improvements such as median refuges or crosswalk improvements; improvements that provide ADA (Americans with Disabilities Act) compliant accessibility; transit accommodations including improved pedestrian access to the Light Rail Stations; bicycle accommodations, shared-use lanes, wide travel lanes or 3 bike lanes as appropriate; and street trees, boulevard landscaping, street furniture and adequate drainage facilities. C. PLANNING AND DESIGN: a. Early consideration of all modes for all users will be important to the success of this Policy. Those planning and designing street projects will give due consideration to bicyclists and pedestrians, from the very start of planning and design work. This will apply to all roadway projects, including those involving new construction, reconstruction, or changes in the allocation of pavement space on an existing roadway. b. It will be important to the success of the Complete Streets policy to ensure that the project development process includes early consideration of the land use and transportation context of the project, the identification of gaps or deficiencies in the network for various user groups that could be addressed by the project, and an assessment of the tradeoffs to balance the needs of all users. The context factors that should be given high priority include the following: i. Whether the corridor provides a primary access to a significant destination such as a community or regional park or recreational area, a school, a shopping / commercial area, or an employment center; ii. Whether the corridor provides access across a natural or man-made barrier such as a river or freeway; iii. Whether the corridor is in an area where a relatively high number of users of non- motorized transportation modes can be anticipated; iv. Whether a road corridor provides important continuity or connectivity links for an existing trail or path network; or v. Whether nearby routes that provide a similar level of convenience and connectivity already exist. c. The design of new or reconstructed facilities should anticipate likely future demand for bicycling and walking and should not preclude the provision of future improvements. [For example, under most circumstances bridges (which last for 75 years or more) should be built with sufficient width for safe bicycle and pedestrian use in anticipation of a future need for such facilities]. d. The City will generally follow accepted or adopted design standards when implementing improvements intended to fulfill this Complete Streets policy but will consider innovative or non-traditional design options where a comparable level of safety for users is present. D. POLICY EXEMPTIONS: a. Consideration of bicyclist and pedestrian transportation users shall be included in street construction, re-construction, re-paving, and re-habilitation projects, except under one or more of the following conditions: i. A project involves only ordinary maintenance activities designed to keep assets in serviceable condition, such as mowing, cleaning, sweeping, spot repair, concrete 4 joint repair, or pothole filling, or when interim measures are implemented on temporary detour or haul routes. ii. The Public Works Director, City Engineer, and City Planner determine there is insufficient space to safely accommodate new facilities. iii. The Public Works Director, City Engineer, and City Planner determine there are relatively high safety risks. iv. The City Council exempts a project due to the excessive and disproportionate cost of establishing a bikeway, walkway or transit enhancement as part of a project. v. The Public Works Director, City Engineer, and City Planner jointly determine that the construction is not practically feasible or cost effective because of significant or adverse environmental impacts to streams, flood plains, remnants of native vegetation, wetlands, steep slopes or other critical areas, or due to impacts on neighboring land uses, including impact from right of way acquisition. 4. IMPLEMENTATION The Complete Streets Policy will become effective upon approval of the City Council and will be implemented through the following practices: 1. City street construction and reconstruction projects shall be reviewed at staff level by the City Engineer, Public Works Director and City Planner to determine appropriate level of complete street implementation. Greater attention will be made to those projects within the Downtown and Transit Oriented Development Districts. 2. The City will work with governmental agencies such as Hennepin County and Minnesota Department of Transportation to encourage incorporation of the City’s Complete Street policy into street and road projects under their jurisdiction. 3. Update City’s Comprehensive Plan to include Complete Streets policy. 4. The City will maintain a comprehensive inventory of the pedestrian and bicycling facility infrastructure integrated with the Capital Improvements Plan and will carry out projects to eliminate gaps in the sidewalk and trail networks where feasible. 5. Complete Streets may be achieved through single projects or incrementally through a series of smaller improvements or maintenance activities over time. 6. The City will develop implementation strategies that may include evaluating and revising manuals and practices, developing and adopting network plans, identifying goals and targets, and tracking measures such as safety and modal shifts to gauge success. 7. Staff will continuously educate themselves, Council and Planning Commission members about best practices and cost -effective measures to design and construct Complete Streets. Revised 05/2013 City of Hopkins 5 POLICY 8-J SMALL WIRELESS FACILITY DESIGN AND AESTHETIC REQUIREMENTS I. PURPOSE AND COMPLIANCE In implementing City Code, Section 805, Right-of-Way Management, the City Council of the City of Hopkins (the “City”) finds that in order to protect the public health, safety and welfare of its citizens and to reasonably manage and protect the public rights-of-way (the “ROW”) and its uses in the City, it is in the best interest of the City and its residents and businesses to establish Small Wireless Facility Design Guidelines (the “Guidelines”) to provide the aesthetic requirements and other specifications and reasonable conditions that small wireless facilities and wireless support structures installed within the public ROW must meet prior to and following installation. The guidelines apply to either the use of an existing pole or a new replacement pole. The objective of these Guidelines is t o strike a balance between preserving and protecting the character of the City through careful design, siting, and camouflaging techniques to blend these facilities into their surrounding environment and provide other reasonable conditions upon such placement and use of the ROW, while enhancing the ability of small wireless facilities carriers to deploy small wireless facilities and wireless support structures in the City effectively and efficiently so that residents, businesses, and visitors benefit from ubiquitous and robust wireless service availability. These Guidelines apply to requests to locate small wireless facilities in the ROW and ongoing use of the ROW for such purposes. These Guidelines are established pursuant to City Code, Section 805 and applicable law. These Guidelines are administered through the permitting process contained therein as conducted by the Department of Public Works. These guidelines apply to small wireless facilities and wireless support structures installed within the public ROW and are in addition to the requirements contained within City Code, Section 805 and the Standard Small Wireless Facility Colocation Agreement and the individual Supplemental Agreement for each small wireless facility. Placement or modificat ion of a small wireless facilities and/or wireless support structures shall comply with these Guidelines at the time the permit for installation or modification is approved and as amended from time to time. Wireless service providers and permittees are required to comply with City Code, Section 805. 6 II. DEFINITIONS The definitions contained in Minn. Stat. § 237.162 are incorporated into this policy by reference as though fully set forth herein. III. APPLICATION REQUIREMENTS Prior to placing, installing, modifying, relocating or removing a small wireless facility or wireless support structure in the ROW, or to collocating a wireless facility on an existing wireless support structure in the ROW, the operator shall apply for and receive a permit from the City. In addition to the application requirements established in City Code Section 805, the information identified in this Section III must be included for the application to be considered complete, except that where such information is already in the City’s possession from previous applications, or where the applicant previously filed information and specifications for standard materials that are being utilized in the new application, such information shall be referenced but need not be resubmitted. The City may require additional information as reasonably necessary to evaluate the application and the impact of the proposed installation(s) on the public health, safety and welfare or on use or management of the ROW. A. PROOF OF AGENT DESIGNATION (IF APPLICABLE): If the applicant is serving as an agent of a small wireless operator, the applicant must provide written documentation of the agent designation signed by the operator. B. MAP The applicant must include an aerial map showing the location of the proposed or existing support structure to which the small wireless facility is proposed to be attached, or from which a small wireless facility is proposed to be removed. C. PHOTO SIMULATIONS For all applications to locate small wireless facilities in the ROW, the applicant shall provide photo simulations from at least two reasonable line-of-site locations near the proposed project site. The photo simulations must be taken from the viewpoints of the greatest pedestrian or vehicular traffic. 7 D. CONSOLIDATED APPLICATIONS An applicant seeking to construct, modify, collocate or replace more than one small wireless facility or more than one wireless support structure within the City may file a consolidated application for multiple small wireless facility requests or wireless support structure requests provided the requests grouped on a consolidated application only address substantially the same type of small wireless facilities or substantially the same type of wireless support structures. (Note: The City may treat each request individually during application review and processing and when issuing a determination or applying these guidelines.) E. SITE AND OTHER PLANS AND STRUCTURAL CALCULATIONS The applicant must include fully dimensioned site plans, elevation drawings and structural calculations that depict any known existing wireless facilities with all existing transmission equipment and other improvements, the proposed facility with all proposed transmission equipment and ot her improvements, and the legal boundaries of the existing right -of-way and any associated access and utility easements. Fully dimensioned site plans shall indicate the spacing from existing curb, driveways, sidewalks, light poles and any other poles or appurtenances. F. FULL DESCRIPTION OF NUMBER AND DIMENSIONS OF FACILITIES AND/OR STRUCTURES TO BE INSTALLED The applicant must include a full description of the number and dimensions of all small wireless facilities proposed to be installed and the wireless support structure, either new or existing, to be utilized for each small wireless facility. For all equipment proposed to be installed, the applicant must include: (1) the manufacturer’s name and model number; (2) physical dimensions, including without limitation, height, width, depth and weight with mounts and other necessary hardware; and (3) the ambient noise level generated from the equipment, if any. G. OWNER’S AUTHORIZATION For any application to attach a small wireless facility to a wireless support structure that is not owned by the City, the applicant must submit evidence sufficient to show that either: (1) applicant owns the proposed support structure; or (2) applicant has obtained the owner’s written authorization to file the application. 8 IV. AESTHETIC REQUIREMENTS FOR SMALL WIRELESS FACILITIES A. ANTENNAS AND POLES 1. Each small wireless antenna shall be located entirely within a shroud or canister type enclosure. 2. The diameter of the antenna enclosure at its widest point should not be wider than the top of the wireless support structure pole, and to the maximum extent practical, should appear as a seamless vertical extension of the pole. In no case shall the maximum diameter of the shroud be wider than one and a half times the diameter of the top of the pole. The enclosure shall not exceed six cubic feet in volume. 3. All antenna enclosures shall be mounted to the top of the wireless support structure pole and aligned with the centerline of the wireless support structure . 4. The wireless equipment is not permitted to protrude more than five (5) feet above the streetlight luminaire or mast arm itself. 5. The mounting height of the luminaire on the streetlight pole or replacement pole shall conform to all surrounding poles of the same use and the mast arm length of a replacement pole shall match the existing streetlight pole being replaced. 6. The City reserves the right to require one spare replacement pole be provided by Licensee to the City for each individual pole type or style used in order to allow for prompt replacement in the event of a knockdown. 7. All pole attached wireless equipment must be a minimum 10 feet above sidewalk elevation or at least 10 feet above ground level at its lowest point. 8. Tree “topping” or the improper pruning of trees is prohibited. Any proposed pruning or removal of trees, shrubs or other landscaping already existing in the ROW must be noted in the application and must be approved by the City. B. CABLES AND WIRES All cables, wires and connectors related to the small wireless facility must be located inside the pole except where such cables or wires attach to the ports in the antenna. C. COLORS All colors shall match the background of any wireless support structure that the facilities are located upon, including equipment cabinets. Notwithstanding the foregoing, in the case of existing wood utility poles, finishes of conduit shall be zinc, 9 aluminum or stainless steel, or colored to match those metal finishes, and equipment cabinets shall be the color of brushed aluminum. D. EQUIPMENT ENCLOSURES/CONCEALMENT 1. Equipment enclosures, including electric meters, shall be as small as possible, but in no event larger than 28 cubic feet in volume. Ground-mounted equipment shall incorporate concealment elements into the proposed design matching color and materials of the wireless support structure, unless other materials or colors are approved by the City. Concealment may include, but shall not be limited to, landscaping, strategic placement in less obtrusive locations and placement within existing or replacement street furniture. 2. Radio equipment shall be fully enclosed within an equipment cabinet or concealed within the antenna shroud enclosure matching the color and materials of the wireless support structure, unless other materials or colors are approved by the City. 3. Landscaping concealing equipment enclosures shall be planted in such quantity and size such that 100% screening is achieved within two years of installation. E. SIGNAGE/LOGOS/LIGHTS/DECALS/COOLING FANS 1. Signage: The small wireless facility permittee shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the small wireless facility that is visible to the public. Signage required under this section shall not exceed 4 inches by 6 inches, unless otherwise required by law (e.g. radio- frequency (RF) ground notification signs) or the City. If no cabinet exists, the signage shall be placed at the base of the pole. 2. Lights: New small wireless facilities and wireless support structures shall not be illuminated, except in accord with state or federal regulations, or unless illumination is integral to the camouflaging strategy such as design intended to look like a street light pole. 3. Logos/Decals: The small wireless facility operator/permittee shall remove or paint over unnecessary equipment manufacturer decals. The color shall match or shall be as approved by the City. Small wireless facilities and wireless support structures shall not include advertisements and may only display information required by a federal, state or local agency. The small wireless facility operator/permittee shall 1 0 utilize the smallest and lowest visibility RF warning sticker required by government or electric utility regulations. Placement of the RF st icker shall be as close to the antenna as possible. 4. Cooling Fans: In residential areas, the small wireless facility operator/permittee shall use a passive cooling system. In the event that a fan is needed, the small wireless facility operator/permittee shall use a cooling fan with a low noise profile. V. LOCATION REQUIREMENTS A. MOST PREFERABLE LOCATIONS The following are the most preferred areas for new small wireless facilities in the order of preference (1 being most preferable): 1. Industrial Districts if not adjacent to a park, residential district or historic district. 2. Highway Rights of Way areas if not adjacent to a park, or residential district. 3. Retail and Commercial Districts if not adjacent to a park, or residential district. B. COLLOCATION PREFERENCE It is the City’s strong preference that whenever an applicant proposes to place a new small wireless facility that the applicant collocate the same on existing wireless support structures. LEAST PREFERABLE LOCATIONS The following are the least preferred areas for new small wireless facilities in the order of preference (2 being least preferable). 1. Residential Districts 2. Parks 1 1 C. CONSIDERATION OF ALTERNATE LOCATIONS The City reserves the right to propose an alternate location for a small wireless facility and/or wireless support structure to the location proposed in the application within one hundred feet of the proposed location or within a distance that is equivalent to the width of the ROW in or on which the small wireless facility and/or wireless support structure is proposed, whichever is greater, which the operator shall use if it has the right to use the alternate location on reasonable terms and conditions and the alternate location does not impose technical limits or additional costs. D. GUIDELINES ON PLACEMENT The City desires to promote cleanly organized and streamlined facilities using the smallest and least intrusive means available to provide wireless services to the community. Generally, a small wireless facility and/or wireless support structure shall match and be consistent with the materials and finish of the wireless support structure, adjacent City poles, and of the surrounding area adjacent to their location. In the absence of adjacent City poles, the wireless support structure shall match the materials and finish of the adjacent utility poles. The following additional guidelines on placement shall apply: 1. Small wireless facilities and wireless support structures shall be located no closer than 150 feet away, radially, from another small wireless facility and wireless support structure. 2. A combination wireless support structure and streetlight pole should only be located where an existing pole (either Xcel Energy or City-owned) can be removed and replaced, or at a new lo cation where it has been identified that a streetlight is necessary. 3. Small wireless facilities and wireless support structures shall be located in a manner that does not impede, obstruct, or hinder usual public pedestrian or vehicular travel or public safety on a ROW. 4. Small wireless facilities and wireless support structures shall be located in a manner that does not obstruct the legal use of a ROW by a utility provider.Small wireless facilities and wireless support structures shall be located in a manner that does not violate or conflict with the City Code, Section 805 or these Guidelines. 1 2 5. Small wireless facilities and wireless support structures shall be located in a manner that does not violate the federal Americans with Disabilities Act. 6. Small wireless facilities and wireless support structures shall be located in a manner that does not negatively impact the structural integrity of the associated wireless support structure. 7. Small wireless facilities and wireless support structures shall be located in alignment with existing trees, utility poles, and streetlights. 8. Small wireless facilities and wireless support structures shall be located equal distance between trees when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree. 9. Small wireless facilities and wireless support structures shall be located with appropriate clearance from existing utilities. 10. Small wireless facilities and wireless support structures shall be located so as not to be located along the frontage of any building deemed to be of historic significance on a federal, state, or local level. 11. Small wireless facilities and wireless support structures shall be located not within sight triangles at street intersections. 12. New wireless support structures shall not be located directly in front of any existing residential, commercial or industrial structure. 13. To the greatest extent possible, new wireless support structures shall be located in line with existing lot lines or an equidistance from any two existing structures. In areas of the City where multiple structures abut each other and/or where no side lot setback requirements exist, new wireless support structures shall not be located directly in front of an entrance or window of any existing structure. Legislative Policy Manual -- Chapter 8-I 1 Figure 1 – Example of Acceptable Location Between Residential Homes: Figure 2 – Example of Acceptable Location Between Commercial Buildings: VI. LIMITATIONS While the City fully intends to apply the guidelines established in this policy uniformly to all small wireless facility applications, there may be circumstances where not every specific guideline may be met. In these case, City staff will use its reasonable discretion in approving Legislative Policy Manual -- Chapter 8-I 2 small wireless facilities permit applications that deviate from the strict application of this policy. VII. EFFECTIVE DATE OF POLICY This Policy will be effective as of April 10, 2019. Modifications of the Policy will be effective on the date said modifications are approved by the City Council. Established April 10, 2019