Proposed Ordinances

ORDINANCE 219,9d (1st Reading)

Introduced by Councilor Brooks

AN ORDINANCE REPEALING ALBERT LEA CITY CODE OF ORDINANCES ARTICLE III, DIVISION I SECTION 50-66 THROUGH 50-69 AND DIVISION II SECTIONS 50-96 THROUGH 50-101 AND ENACTING A NEW ARTICLE III, DIVISION I SECTIONS 50-66 THROUGH 50-87 TO ADMINISTER AND REGULATE THE PUBLIC RIGHT-OF-WAY, AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS

THE CITY COUNCIL OF ALBERT LEA, MINNESOTA ORDAINS:

Right-of-Way Management

Sec. 50-66. Election to Manage the Public Rights of Way.

To ensure the health, safety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights of way, the city intends to keep its rights of way in a state of good repair and free from unnecessary encumbrances. In accordance with the authority granted to the city under state and federal statutory, administrative, and common law, the city hereby elects, pursuant to this chapter to manage rights of way within its jurisdiction. This chapter shall be interpreted consistently with Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 and other amendments to these sections. It shall also be interpreted consistently with Minn.R. 7819.0050-7819.9950 and Minn.R. 7560 where possible. This chapter shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public.

Sec. 50-67. Definitions.

These definitions apply to this chapter of the code. Defined terms remain defined terms, whether or not capitalized.

Abandoned Facility. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility that is still in use or carries service. A facility is not abandoned unless declared so by the right-of-way user.

Applicant. Any person requesting to use, excavate or obstruct a public right-of-way.

Attachment. On a pole, aerial cable, together with its associated messenger cable, guy wire, anchors and other appurtenant and accessory structures. In a conduit, each linear foot of occupancy of a city owned conduit or duct by each cable or other attachment. Alternatively, each antenna, transceiver, amplifier or other device or equipment of a user supported by, affixed to or contained in, or placed on or in a unit of city-owned infrastructure or in a wireless support structure.

City. The City of Albert Lea, Minnesota.

Collocate or Collocation. To install, mount, maintain, modify, operate or replace a small wireless support structure that is owned privately or by a local government unit.

Construction Performance Bond. Any of the following forms of security provided at permittee’s option.
1) Individual project bond;
2) Cash deposit;
3) Security of a form listed in Minnesota Statute 15.73, subd. 3 and as it may be amended;
4) Letter of credit, in a form acceptable to the city;
5) Self-insurance, in a form acceptable to the city;
6) A blanket bond for projects in the city, or other form of construction bond, for a time specified and in a form acceptable to the city.

Degradation. The decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur.

Degradation cost. Subject to Minn. Rules 7810.110 means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in Minn. Rules 7819.9900 to 7819.9950.

Degradation Fee. The estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by excavation, and which equals the degradation cost.

Department. The department of public works for the city.

Department Inspector. Any person authorized by the city to carry out inspections related to the provisions of this chapter.

Director. The director of public works for the city, or his or her designee.

Delay Penalty. The penalty imposed due to unreasonable delays in right-of-way obstruction, excavation, patching or restoration as established by permit.

Emergency. A condition that 1) imposes a danger to life or health, or of a significant loss of property or 2) requires an immediate repair or replacement of facilities in order to restore service to a customer.

Equipment. Any tangible asset used to install, repair, or maintain facilities in any right-of-way.

Excavate. To dig into or in any way remove or physically disturb any part of a right-of-way.

Excavation Permit. The permit which must be obtained before a person may excavate in a public right of way.

Excavation Permit Fee. The money paid by the applicant to cover the costs associated with excavating in the public right-of-way.

Facility or Facilities. Any tangible asset in the right of way required to provide utility service.

Hole. An excavation in the pavement, with the excavation having a length less than the width of the pavement.

Management Costs. The actual costs the city incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and opportunity to correct the work; and revoking right-of-way permits. These costs do not include costs of a telecommunications right-of-way user for the use of the right of way, the fees and cost of litigation relating to the interpretation of Minnesota Statutes, or the city fees related to appeals taken.

Micro Wireless Facility. Means a small wireless facility that is no larger than 24 inches long, 15 inches high, and whose exterior antenna, if any, is longer than 11 inches.

Permit. The meaning given “right-of-way permit” in Minnesota Statute 237.162 as it may be amended from time to time, including for a small cell wireless facility.

Permittee. Any person to whom a permit to use, excavate or obstruct a right-of-way has been granted by the city under this chapter.

Person. An individual or entity subject to the laws and rules of this state, however organized, whether private or public, whether domestic or foreign, profit or non-profit, and whether natural, corporate or political.

Probation. The status of a person that has not complied with the conditions of this chapter.

Public Right-of-Way. The area on, below, or above a public roadway, highway, street, cartway, alley, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city.

Registrant. Any person who (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way.

Restoration cost. The amount of money paid to the city by the permittee to achieve the level of restoration according to plates 1 to 13 of the Minnesota Public Utilities Commission Rules.

Restore or Restoration. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before the excavation.

Right-of-Way Permit. The meaning given “right-of-way permit” in Minn. Stat. Section 237.162, as it may be amended from time to time, including for a small cell wireless facility.

Small Wireless Facility.

(1) A wireless facility that meets both the following qualifications:
(i) Each antenna is located in an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and
(ii) All other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunication demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from the public view within or behind an existing structure or concealment, is aggregate no more than 28 cubic feet in volume; or
(2) A micro wireless facility.

Wireless Facility. Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including:

(1) Equipment associated with wireless service;
(2) A radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and
(3) A small wireless facility.

A “wireless facility” does not include:

(1) Wireless support structures;
(2) Wireline backhaul facilities; or
(3) Coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) that are not immediately adjacent to or directly associated with a specific antenna.

Wireless Service. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under USC, title 47, section 522, clause (6).

Wireless Support Structure. A new or existing structure in public right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by a local governmental unit.

Wireline Backhaul Facility. A facility used to transport data by wire from a wireless facility to a communications network.

Sec. 50-68. Permit Requirement.

(a). Permit Required. Except as otherwise provided in this code, no person may obstruct or excavate any right of way or install or place facilities in the right of way without first having obtained the appropriate permit from the city.

(1) Excavation Permit. An excavation permit is required to excavate that part of the right of way described in such permit and to hinder free and open passage over the specified portion of the right of way by placing facilities described therein, to the extent and for the duration specified therein.

(2) Obstruction Permit. An obstruction permit is required to hinder free and open passage over the specified portion of right of way by placing equipment described therein on the right of way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project.

(3) Small Wireless Facility Permit. A small wireless facility permit is required to place a new wireless support structure (collocate) in the right-of-way managed, with the exception that a permit is not required for the installation, placement, maintenance, operation, or replacement of micro wireless facilities suspended on cables strung between existing utility poles in compliance with national safety codes.

(4) Small Wireless Special or Conditional Land Use Permit. A special or conditional land use permit is required to install a new wireless support structure in a right-of-way where the underlying district or area is zoned for single-family residential use or is in a historic district established by federal or state law or city ordinance.

(b). Permit Extensions. No person may excavate or obstruct the right of way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted.

(c). Delay Penalty. In accordance with Minnesota Rule 7819.1000, Subd. 3 and notwithstanding Subd. 2 of this section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by city council resolution.

(d). Permit Display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city.

Sec. 50-69. Permit Applications. Application for a permit shall contain, and will be considered complete only upon compliance with the requirements of the following provisions:

(a) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information:

(1) Each permittee’s name, Gopher One-Call registration certificate number, address and email address, if applicable, and telephone and facsimile numbers.

(2) The name, address and email address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of Application.

(3) A certificate of insurance or self-insurance:

i. Verifying that an insurance policy has been issued to the permittee by an insurance company licensed to do business in the state of Minnesota, or a form of self-insurance acceptable to the city.

ii. Verifying that the permittee is insured against claims for personal injury, including death, as well as claims for property damage arising out of the:
a) Use and occupancy of the right of way by the permittee, its officers, agents, employees, and permittees, and
b) Placement and use of facilities and equipment in the right of way by the permittee, its officers, agents, employees, and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities, and collapse of property;

iii. Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages;

iv. Requiring that the city be notified thirty (30) days in advance of cancelation of the policy or material modification of a coverage term;

v. Indicating comprehensive liability coverage, automobile liability coverage, workers’ compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter.

(4) A copy of the actual insurance policies.

(b) A Small Wireless Facility Permit applicant may file a consolidated Small Wireless Permit Application to collocate up to 15 small wireless facilities provided that all the small wireless facilities in the application:
(1) are located within a two-mile radius;
(2) consist of substantially similar equipment; and
are to be placed on similar types of wireless support structures.
(c) Payment of money due the city for

(1) permit fees, estimated restoration costs and other management costs,
(2) any undisputed loss, damage, or expense suffered by the city because of applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city;
(3) franchise fees, or other charges, if applicable.
(4) inspection fees, if applicable and if not included in the permit fee.

Sec. 50-70. Issuance of Permit; Conditions.

(a). Permit Issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit.

(b). Permit Conditions Generally. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety, and welfare or when necessary to protect the right of way and its current use. In addition, a permittee shall comply with all requirements of local, state, and federal laws, including but not limited to Minnesota Statutes Section 216D.01 – .09 (Gopher One Call Excavation Notice System) and Minnesota Rules, Chapter 7560.

(c). Additional Small Wireless Facility Conditions. In addition to subdivision 2, the erection or installation of a wireless support structure, or the collocation of a small wireless facility, shall be subject to the following conditions:

(1) A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application.

(2) No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the city’s written authorization, and further provided that an applicant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit.

(3) No wireless facility may extend more than 10 feet above its wireless support structure.

(4) Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separation requirements between such support structures and any existing wireless support structure or other facilities in and around the right-of-way.

(5) Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure.

(6) Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure.

(7) The execution of a Small Wireless Facility Collocation Agreement that incorporates any additional terms and conditions mutually agreed upon by the city and the applicant. A small wireless facility collocation agreement is considered public data not on individuals and is accessible to the public under section 13.03. Issuance of a small wireless facility permit does not supersede, alter or affect any then-existing agreement between the city and applicant.

(d). Payment of Rent.
(1) For collocations of small wireless facilities, the city can, either in its permit or in a standard collocation agreement, require annual rental payments for the small wireless collocations of up to:
a. $150 per year for rent to collocate on the city structure.
b. $25 per year for maintenance associated with the collocation.
c. A monthly fee for electrical service as follows:
i. $73 per radio node less than or equal to 100 maximum watts;
ii. $182 per radio node over 100 maximum watts; or
iii. The actual cost of electricity if the actual cost exceeds the foregoing
(e). For collocations or placements, other than of small wireless facilities, the city can charge a mutually agreed upon rent reached between the city and the applicant.

(f). Trenchless Excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to horizontal directional drilling, shall follow all requirements set forth in Minnesota Statutes, Chapter. 216D and Minnesota Rules Chapter 7560, and shall require potholing or open cutting over existing underground utilities before excavating as determined by the city.

Sec. 50-71. Timeline for Action on Permit Applications.

(a). Denial in General. The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use.

(b). Procedure for Denial on Permits other than Small Wireless Facilities Permits. The denial of a permit must be made in writing and must document the basis for the denial. The city must notify the applicant or right-of-way user in writing within three business days of the decision to deny a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the city and resubmit its application. If the application is resubmitted within 30 days of receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the resubmitted application within 30 days after submission.

(c). Procedure for Denial on Small Wireless Facilities Permits. The city shall approve or deny a small wireless facility permit application within 90 days after filing of such application, unless the collocation is on a support structure that already qualifies as an existing wireless tower or base station under Section 6409(a), codified at 47 U.S.C. 1455(a), which, in those instances, the city shall approve or deny the small wireless facility permit within 60 days. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section.

(d). Tolling of Deadline on Small Wireless Facility Permit. The deadline for action on a small wireless facility permit application may be tolled if:

(1) The city receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case, the city may extend the deadline for all such applications by 30 days and shall inform the affected applicant in writing of such extension.

(2) The applicant fails to submit all required documents or information and the city provides written notice of incompleteness to the applicant within 30 days of receipt the application. Upon submission of additional documents or information, the city shall have ten days to notify the applicant in writing of any still-missing information.

(3) The city and a small wireless facility applicant agree in writing to toll the review period.

Sec. 50-72. Permit Fees.

(a). Excavation Permit Fee. The city shall establish an excavation permit fee in an amount sufficient to recover the following costs:

(1). the city management costs;
(2). degradation costs, if applicable.

(b). Obstruction Permit Fee. The city shall establish an obstruction permit fee in an amount sufficient to recover the city management costs.

(c). Small Wireless Facility Permit Fee. The city shall impose a one-time small wireless facility permit fee at the time of approval of the collocation application in an amount sufficient to recover:
(1). management costs;

(2). restoration costs or degradation fee, if applicable,

(3). inspection fees, if applicable,

(4). city engineering, make-ready, and construction costs associated with collocation of small wireless facilities.
The city will not impose a small wireless facility permit fee for any of the following activities:
(1) routine maintenance of a small wireless facility;
(2) replacement of a small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or
(3) installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes

(d). Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees within thirty (30) days of billing.

(e). Non-Refundable. Permit fees that were paid for a permit that the city has revoked for a breach are not refundable.

(f). Application to Franchises. For right-of-way users subject to a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise, unless otherwise agreed to in the franchise.

Subd. 7. Rules. All permit fees shall be established consistent with the provisions of Minnesota Rule 7819.1000, when applicable.

Sec. 50-73. Right-of-Way Patching and Restoration.

(a). Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonable or unreasonable.

(b). Patch and Restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself.

(1). City Restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If following such restoration, the pavement settles due to permittee’s improper backfilling, the permittee shall pay to the city, within thirty (30) days of billing, all costs associated with having to correct the defective work.

(2) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rules 7819.3000.

(3) Degradation Fee In lieu of Restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities.

(c). Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100

(d). Duty to correct defects. The permittee shall correct defects in patching, or restoration performed by permittee or its agents. Permittee, upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five (5) calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable.

(e). Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In that event the permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond.

Section 50-74. Permit Limitations.

(a) 1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area
(1) apply for a permit extension and pay any additional fees required thereby, and

(2) be granted a new permit or permit extension.

(b). Obstruction from Small Wireless Facility Work. City will not require an additional small wireless facility permit fee or require a new collocation agreement for routine maintenance of a small wireless facility, for replacement of a small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or for installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes. The city may require advance notification, however, of these activities if the work will obstruct the public right-of-way.

(c). Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. For a Small Wireless Facility Permit, the term of the permit is equal to the length of time that the small wireless facility is in use, unless the permit is revoked under this section. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date.

Section 50-75. Installation Requirements.
The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100, when applicable, and other local requirements, when applicable, and in so far as they are not inconsistent with the Minnesota Statutes Sections 237.162 and 237.163.

Section 50-76. Inspection

(a). Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minnesota Rules 7819.1300.

(b). Site Inspection. Permittee shall make the work-site available to city personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work.

(c). Authority of City.
(1) At the time of inspection, the city may order the immediate cessation of any work, which poses a serious threat to the life, health, safety, or well-being of the public.

(2) The city may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the city that the violation has been corrected. If such proof has not been presented within the required time, the city may revoke the permit pursuant to Sec. 50-79.

(3) The City may require right-of-way users to promptly and at their own expense, permanently remove and relocate facilities in the right-of way pursuant to Minn.R. 7819.3100.

Sec. 50-77. Work Done Without a permit.

(a). Emergency Situations. Each person with facilities in the right-of-way shall immediately notify the city of any event regarding its facilities that it considers being an emergency. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency the owner shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency.

If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency.

(b). Non-Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by this code, deposit with the city the fees necessary to correct any damage to the right-of-way and comply with all the requirements of this chapter.

Sec. 50-78. Supplementary Notification.

If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known.

Sec. 50-79. Revocation of Permit

(a). Substantial Breach. The city reserves its right, as provided herein, to revoke any right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following:

(1) The violation of any material provision of the right-of-way permit;

(2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;

(3) Any material misrepresentation of fact in the application for a right-of-way permit;

(4) The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittees control; or

(5) The failure to correct, in a timely manner, work that does not conform to a condition of the permit

(b). Written Notice of Breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations might be cause for revocation of the permit.

(c). Procedural Requirements. If the city decides to revoke the permit, the revocation must be made in writing and must document the basis for the revocation. The city must notify the right-of-way user in writing within three business days of the decision to revoke a permit.

(d). Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the city for the city’s reasonable costs, including restoration costs and the costs of collection and reasonable attorneys’ fees incurred in connection with such revocation.

Sec. 50-80. Mapping Data.

(a). Information Required. If allowed by statute, each permittee shall provide mapping information required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100

(b) Service Laterals. Permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee’s use of appropriate means of establishing the horizontal locations of installed service laterals, and the service lateral vertical locations in those cases where the city reasonably requires it. Permittees or their subcontractors shall submit to the city evidence of the installed service lateral locations. Compliance with this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules governing service laterals install after December 31, 2005, shall be a condition of any city approval necessary for:

(1) payments to contractors working on a public improvement project including those under Minnesota Statutes, Chapter 429, and
(2) City approval of performance under development agreements, or other subdivision or site plan approval under Minnesota Statutes, Chapter 462. The city shall reasonably determine the appropriate method of providing such information. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or for future permits to the offending permittee or its subcontractors.

Sec. 50-81. Location of Facilities.

(a). Placement. Placement, location, and relocation of facilities must comply with the Minn. Stat. §§237.162, 237.163, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities.

(b). Corridors. The city may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue.

(c). Limitation of Space. Subject to Minnesota Statutes Section 237.163, to protect health, safety, and welfare or when necessary to protect the right-of-way and its current use, the city shall have the power to deny permits and the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest.

Sec. 50-82. Damage to Other Facilities.

When the city does work in the right-of-way and finds it necessary to maintain, support, or move facilities to protect it, the city shall notify the local representative as early as is reasonably possible and placed as required. The costs associated therewith will be billed to that facility owner and must be paid within thirty (30) days from the date of billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the city’s response to an emergency occasioned by that owner’s facilities.

Sec. 50-83. Right-of-Way Vacation.

Reservation of Right. If the city vacates a right-of-way that contains facilities, the facility owner’s rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200.

Sec. 50-84. Indemnification and Liability.
By applying for and accepting a permit under this chapter, a permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250.

Sec. 50-85. Abandoned Facilities.

Removal of Abandoned Facilities. Any person who has abandoned facilities in any right-of-way shall remove them from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless the city waives this requirement.

Sec. 50-86. Appeal.

A right-of-way user that: (1) has been denied a permit; (2) has had permit revoked; or (3) believes that the fees imposed are invalid may have the denial, revocation, or fee imposition reviewed, upon written request, by the City council. The city council shall act on a timely written request at its next regularly scheduled meeting. A decision by the city council affirming the denial, revocation, or fee imposition will be writing and supported by written findings establishing the reasonableness of the decision.

50-87. Reservation of Regulatory and Police Powers.

A permittee’s rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public.

That the motion for the adoption of the foregoing ordinance was duly seconded by Councilor Baker, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Vern Rasmussen Jr.

And, the following voted against the same: None

Introduced the first time on the 20th day of December, 2018

__/s/_________________________
Mayor Vern Rasmussen Jr.

Filed and attested this 21st day of December, 2018

__/s/_________________________
Secretary of the Council


ORDINANCE 213,7d

Introduced by Councilor Brooks

AN ORDINANCE OF THE CITY OF ALBERT LEA, MINNESOTA AMENDING CHAPTER 74, ARTICLE 1, SEC. 74-2 – DEFINITIONS AND AMENDING CHAPTER 74, ARTICLE 1, SEC. 74-18 – ACCESSORY STRUCTURES, FENCES AND SITE APPURTENANCES

THE CITY COUNCIL OF THE CITY OF ALBERT LEA ORDAINS:

Sec. 1. That Chapter 74, Article 1, Sec. 74-2 of the Code of Ordinance for the City of Albert Lea, Minnesota is hereby amended by adding the following definitions:

Sec. 74-2. – Definitions.

Cargo container means any device creating a partially or fully enclosed space that can be used to contain, store, and transport objects or materials. It includes any receptacle or enclosure for holding a product used in packaging and shipping, and intermodal containers.

Carport means any open-sided automobile shelter that is open on more than one side:

Gazebo means a roofed accessory structure that offers an open view of the surrounding area, typically used for relaxation or entertainment.

Pergola means an accessory structure garden feature forming a shaded walkway, passageway, or sitting area of vertical posts or pillars that usually support cross-beams and a sturdy open lattice.

Shed means a simple roofed accessory structure, typically made of wood or metal, used as a storage space.

Temporary accessory structure means any construction trailer, cargo container, tent, canvas, cloth, wood, or plastic covered framed structures, any other enclosure of any type that does not meet Minnesota State Building Code.

Sec. 2. That Chapter 74, Article 1, Sec. 74-18 of the Code of Ordinance of the City of Albert Lea, Minnesota is hereby amended to read as follows:

Sec. 74 –18. – Accessory Structures, Fences and Site Appurtenances.

(a) Fences and Walls.

(1) No fence or wall shall be permitted which materially impedes vision across a required front yard between the heights of 3 and 10 feet above ground level.
(2) In Residential zones, no fence shall be more than 6 feet in height in any side yard or rear yard or more than 3 feet in height in any front yard.
(3) In Commercial and Industrial districts, fences may be taller than 6 feet in height but all fences over 7 feet are required to have a building permit.
(4) Retaining walls over 4 feet in height require a building permit.
(5) Fences shall be required to meet the visibility sight triangle requirement of Sec. 74-13(e) but no additional setback requirements apply.

(b) Accessory Structures in all Residential Districts, Agricultural Districts, and residential uses within a PD District unless specifically addressed in the accepted PD Plan or CUP shall meet the following requirements.

(1) The height of all accessory structures shall meet the requirements of Sec. 74- 219 with the following exceptions:

a. Accessory buildings containing a dwelling unit for servants’ quarters or for private guests on a second story may have a height not exceeding 25 feet.
b. Where the principal structure is a residence and is two stories or taller, one accessory structure may be taller than the maximum height specified in Sec. 74-219, but shall be no taller than the principal structure.

(2) All accessory buildings or structures shall be no less than three feet from a side or rear lot line or less than 60 feet from a front lot line, or less than 5 feet from any alley property line.
(3) An accessory building or structure attached to or part of the main building or located within the ten feet of the rear or side wall of the main or principal building shall maintain the same side yard or rear yard as is required for the main or principal building.
(4) Individual private residential accessory structures shall meet the following standards based on lot sizes and other limitations found in City Code.

Lot Size Maximum size for each accessory structure Maximum total square footage of carports, garages and sheds per lot
Under 1.5 acres 1,080 square feet or 80% of the size of the footprint of the principal structure (including attached garages and covered porches) 1,400 square feet
1.5 to 2 acres 1,280 square feet 1,600 square feet
2 acres or larger 1,480 square feet 2,000 square feet

(5) No more than 2 accessory structures (carports, garages or sheds) shall be allowed per lot or parcel in Residential and Agricultural Districts. The size of any accessory structures shall not exceed 80% of the size of the footprint of the principal structure (which would include any attached garages, carports, or covered porches.)
(6) Detached carports may be allowed as an accessory structure (garage or shed) in a back yard only. Attached carports may be located in the side or front yard subject to all setbacks.
(7) The dimensions of any accessory structure shall not exceed a 3 to 1 ratio between width and depth.
(8) All development on a lot including principal and accessory structures shall not exceed more than 40 percent of total lot area.
(9) This subsection shall not prevent the construction or use of a private garage for joint storage of automobiles by two owners built upon the dividing lot lines when no more than the total size, number and area of accessory structures is met for each lot.
(10) Temporary accessory structures may be allowed for 30 days within any given calendar year or up to 6 months within any calendar year with a permit issued by the inspection department. Conditions of a 6 month approval shall relate to public safety, visibility of the structure from neighboring private or public property, general site conditions, limits on period of use, and the general health, safety, and well-being of the neighborhood. Additional time will be considered under the application for an Interim Use Permit (per Sec. 74-60). Temporary structures shall not be allowed in any side or front yard for longer than 30 days.

(c) Accessory building and structures in Business and Industrial Districts may occupy any of the ground area which the principal building is permitted to occupy.

(1) Accessory buildings such as buildings for parking attendants, guard shelters, gate houses and transformer buildings may be located in the front or side yard in I-2 district.
(2) Temporary accessory structures allowed in B-1, B-2, B-3, B-4, IDD, I-1, I-2, I-3, and DCD Districts.

a. Tents over 400 square feet in size require a permit issued by the City Fire Department. Conditions of approval shall relate to public safety, visibility of the tent from neighboring private or public property, general site conditions and limits on period of use and the general health, safety, and well-being of the neighborhood.
b. Cargo containers are permitted as temporary accessory structures only. (Subject to applicable building and structure setbacks.)
c. Temporary accessory structures shall be allowed for 30 days within any given calendar year or up to 6 months within any calendar year with a permit issued by the Inspection Department. Conditions of a 6 month approval shall relate to public safety, visibility of the structure from neighboring private or public property, general site conditions, limits on period of use, and the general health, safety, and well-being of the neighborhood. An extended period of use may be granted if an applicant seeks an Interim Use Permit pursuant to Sec. 74-60.
d. In all zoning districts accessory structures including fences and walls and associated landscaping shall meet the requirements of Sec. 74-13(e) for vision clearance.

Residential Districts PD** Business Districts Industrial Districts
Accessory structures R-1 R-2 R-3 R-O R-P DCD B-2 B-3 I-1 I-2 I-3
Maximum Heights * 15’ 25’ 25’ 25’ 25’ 25’ 25’ 25’ 50’ 25’ 25’ 25’
Minimum front setback *** 60’ 60’ 60’ 60’ 60’ 60’ Same as principal structure
Minimum side setback (interior lot) 3’ 3’ 3’ 3’ 3’ 3’ Same as principal structure
Minimum side setback (corner lot street line) 12.5‘ 12.5’ 12.5’ 12.5’ 12.5’ 12.5’
Same as principal structure

Minimum rear setback (no alley) 3’ 3’ 3’ 3’ 3’ 3’ Same as principal structure
Minimum rear setback from center of alley 5’ 5’ 5’ 5’ 5’ 5’ Same as principal structure
Fences & walls
Maximum Height front yard*** 3’ 3’ 3’ 3’ 3’ 3’ 3’ No maximum height. All fences over 7’ tall require a building permit. See Sec. 74-13(a) for additional requirements for fence opacity in front yards
Maximum Height side and rear yards 6’ 6’ 6’ 6’ 6’ 6’ 6’
Minimum setback interior lot lines (side and rear) 0’ 0’ 0’ 0’ 0’ 0’ 0’ 0’ 0’ 0’ 0’ 0’
Other structures or appurtenances – side setback Nothing over 2’ in height shall be constructed or placed in a permanent manner within 1.5’ from any side property line.
* See Sec. 74-18(b)(1) for exemptions on height requirements for accessory structures.
**Dimensional Standards in the PD zone apply to those situations only where the standard is not otherwise established in the PD site plan or CUP.
***See Sec. 74-18(c) for exemptions on front yard setbacks for accessory structures on properties with steep slopes.
**** See Sec. 74-18(a) for additional requirements for fences in front yards.

That the motion for the adoption of the foregoing ordinances was duly seconded by Councilor Murray, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen, Jr.

And, the following voted against the same: None

Introduced the first time on the 26th day of March, 2018

__________s/s_______________________
Mayor Vern Rasmussen, Jr.

Filed and attested to on the 27th day of March, 2018

__________s/s________________
Secretary of the Council


ORDINANCE 212, 6d

Introduced by Councilor Baker

AN ORDINANCE ESTABLISHING SECTION 4.05 OF THE CITY CODE REGARDING FILING FEE FOR CITY ELECTIONS (1st reading)

THE CITY COUNCIL OF THE CITY OF ALBERT LEA ORDAINS:

Sec. 1. That Chapter 4, Part 1, Sec. 4.05 of the Code of Ordinances, City of Albert Lea, Minnesota is hereby amended to read as follows:

Sec. 4.05. – Filing for Office
a) Affidavit of candidacy. A candidate’s name appears on the ballot if the candidate files an affidavit of candidacy as prescribed by Minnesota Statute 204B.06 with the City Clerk within the prescribed filing period and;

1. Pays to the clerk the filing fee for which Section 4.05 provides, or

2. Presents to the clerk a petition in place of the filing fee with the number of signatures as prescribed by Minnesota Statute 204B.11, Subd. 2(d).

b) Filing Fee. The filing fee as prescribed in MN Statute 205.13, Subd. 3(b) can be found in the City’s annual Fee Schedule.
c) This ordinance shall be in full force and effect from and after its passage and publication according to law.

That the motion for the adoption of the foregoing ordinance was duly seconded by Councilor Howland, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, Brooks and Mayor Rasmussen, Jr.

And, the following voted against the same: None

Councilors Olson and Rasmussen were absent.
Introduced the first time on December 26, 2017

_________/s/________________________
Mayor Vern Rasmussen, Jr.

Filed and attested to on December 27, 2017

___/s/_______________________
Secretary of the Council


ORDINANCE 211,6d

Introduced by Councilor Baker

AN ORDINANCE APPROVING A REZONING FROM THE R-2 ZONING DISTRICT TO THE DCD ZONING DISTRICT FOR THE PROPERTY DESCRIBED AS THE SOUTH 80 FEET OF LOT 15, JOHNSON & FENTONS ADDITION (1st Reading)

WHEREAS, Courtney Drescher is requesting a change in zoning classification from R-2 to DCD for property located at 726 Fountain Street which is described as the South 80 feet of Lot 15 Johnson & Fentons Addition; and

WHEREAS, the Planning Commission has held a public hearing on November 7th 2017 and made recommendation to change the zoning classification as requested and provide the following findings of fact:
1. The property is currently zoned R-2 residential.
2. The Land Use designation in the City comprehensive plan is residential which allows for commercial uses at key intersections.
3. The Land Use map shows the property at an intersection of a minor arterial and a collector street with the downtown commercial land use designation directly across the street.
4. The rezoning of the property to the DCD zone will allow for various commercial uses in the future helping to encourage the use of this historic structure and likely encouraging its preservation which is a goal of the City.
5. Limiting the rezoning to this parcel will keep commercial activity from further encroaching into the residential area to the north and provide this property as a commercial node encouraging walkability and promoting active living which is a goal of the City; and

WHEREAS, the City Council has reviewed the proceedings and recommendation of the Planning Commission; now, therefore

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ALBERT LEA, MINNESOTA:

Sec. 1. That the property be changed from R 2, One to Four Family Residence District to Diversified Central District.

Sec.2. That reading of this ordinance is waived by Council consent.

That the motion for the adoption of the foregoing ordinance was duly seconded by Councilor Brooks, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen Jr.;

And, the following voted against the same: None.

Introduced and read the first time November 27th, 2017.

/S/
__________________________________
Mayor Vern Rasmussen Jr.

Filed and attested.
/S/
_______________________________
Secretary of the Council

ORDINANCE 210,6d

Introduced by Councilor Baker

AN ORDINANCE AMENDING CHAPTER 2, ARTICLE V, DIVISION 2, SEC. 2-183 – QUALIFICATIONS OF MEMBERS

THE CITY COUNCIL OF THE CITY OF ALBERT LEA ORDAINS:

Sec. 1. That Chapter 2, Article V, Division 2, Sec. 2-183 of the Code of Ordinances, City of Albert Lea, Minnesota is hereby amended to read as follows:

Sec. 2-183. – Qualifications of members.
With the exception up to two members of the airport advisory board and one member of the library advisory board, all members of boards and commissions shall be residents of the city. One of the members of each board and commission may be a councilmember. No appointed board or commission member shall be an employee of the city except a person who is a member by virtue of his office. Council members on each board or commission shall be a nonvoting member.

That the motion for the adoption of the foregoing ordinance was duly seconded by Councilor Howland, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen, Jr.

And, the following voted against the same: None

Introduced the first time on the 23rd day of October, 2017

/s/ __________________________________
Mayor Vern Rasmussen, Jr.

Filed and attested to on the 24th day of October, 2017

/s/
__________________________
Secretary to the Council


ORDINANCE 209,6d

Introduced by Councilor Brooks

AN ORDINANCE AMENDING CHAPTER 74, ARTICLE III, DIVISION 2, SEC. 74-253(1) – CONDITIONAL PERMITTED USES

THE CITY COUNCIL OF THE CITY OF ALBERT LEA ORDAINS:

Sec. 1. That Chapter 74, Article III, Division 2, Sec. 74-253(1) of the Code of Ordinances, City of Albert Lea, Minnesota is hereby amended to read as follows:

Sec. 74-253. – Conditional permitted uses.
The following uses shall be permitted in an R-1 single-family residence district only if specifically approved by the planning commission and authorized by the council:
(1) Religious and cultural. Churches, synagogues, and other places of worship, Sunday school buildings, schools for academic instruction, public libraries, museums, cemeteries, art galleries and similar public cultural uses.
That the motion for the adoption of the foregoing ordinance was duly seconded by Councilor Baker, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen, Jr.

And, the following voted against the same: None

Introduced the first time on the 23rd day of October, 2017

/s/ __________________________________
Mayor Vern Rasmussen, Jr.

Filed and attested to on the 24th day of October, 2017

/s/
__________________________
Secretary to the Council


August 14, 2017

ORDINANCE 208,6d (1st Reading)

Introduced by Councilor Baker

AN ORDINANCE ENACTING AUTHORIZATION FOR EXTENDING A LOCAL OPTION SALES AND USE TAX

WHEREAS, the City Council of Albert Lea currently imposes a one-half of one percent sales and use tax for water quality projects outlined in the Shell Rock River Watershed Plan; and

WHEREAS, the authority for the sales tax stems from the 2005 Minnesota State Legislature law enacted First Special Session, Chapter, 3, Article 5, Section 38 (as amended in 2006) and as amended in 2014 Sessions Laws 2014, Chapter 308, Article 3, Section 23 (extending the expiration of the tax); and

WHEREAS, the tax is set to expire once fifteen million dollars ($15,000,000) are raised and it appears that sum will be collected around October of 2017; and

WHEREAS, the voters in the City of Albert Lea voted in favor of a referendum on November 8, 2016 to extend the tax for another period of up to fifteen (15) years or an additional fifteen million dollars ($15,000,000), whichever comes first; and

WHEREAS, the Minnesota State Legislature approved the 2017 Minnesota Special Session Law, Chapter 1, which under Chapter 1, Article 5, Sections 12 and 13, which permits the existing sales tax to expire thirty (30) years after it was first imposed or the revenues collected exceed thirty million dollars ($30,000,000); and

WHEREAS, the tax shall be extended pursuant to the vote of the people and Legislature upon compliance with Minnesota Statute 645.021, subd. 2 and 3.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ALBERT LEA, MINNESOTA:

Sec. 1. That a new ordinance extending authorization for a local option sales and use tax is hereby enacted.

Sec. 2. Authority and Termination. The Legislature has enacted Laws of Minnesota, 2017, Chapter 1, Article 5, Sections 12 and 13 (see attached Exhibit), authorizing the City to extend the sales and use tax of 0.5% within the City to provide revenues to pay certain costs related to the funding of water quality projects. The tax expires at the earlier of 1) thirty (30) years after the taxes were first imposed, or 2) when the city council first determines that the amount of revenues raised to pay for applicable projects meet or exceed the sum of thirty million dollars ($30,000,000) total.

Sec. 3. Definitions. The words, terms and phrases used in this ordinance shall have the meaning ascribed to them in Minnesota Statutes, except where the context clearly indicates otherwise. In addition, the following definitions shall apply:

A. “Act” means Laws of Minnesota, 2017.

B. “City” means the City of Albert Lea.

C. “Commissioner” means the Commissioner of Revenue for the State of Minnesota, acting under the authority of an agreement entered into between the City and the State of Minnesota pursuant to the Act, or such other person designated to administer and collect the Albert Lea Sales Tax.

Sec. 4. Sales and Use Tax. Except as otherwise provided in this Article, there is hereby extended the excise tax in the amount of one-half of one percent on the gross receipts from sales at retail and the storage, use, distribution or consumption of goods or services which are taxable pursuant to Minnesota Statutes, Chapter 297A and occur within the City of Albert Lea, Minnesota.

Sec. 5. Application to State General Sales Tax. The tax imposed under this Article is intended to be collected for the most part on the same, items as the state general sales and use tax imposed by Minnesota Statutes, Chapter 297A and consequently the application and administration of the City sales tax shall be construed consistent with the State general sales and use tax and the imposition of the City tax shall be construed so that any subsequent amendment to Minnesota Statutes, Chapter 297A affecting the sales or uses taxable under Chapter 297A shall also apply to the City tax and effect in the same manner the sales taxable under this ordinance.

Sec. 6. Exemptions. All goods and services which are otherwise exempt from taxation under Minnesota Statute § 297A are exempt from this tax.

All mobile transportation equipment and parts and accessories attached to or to be attached to such equipment are exempt, if purchased by a holder of a motor carrier direct pay permit under Section 297A.90.

Sec. 7. Separate Statement; Collection from Purchaser; Advertising No Tax; Minimum; Uniform Tax Collection Methods. The tax shall be stated and charged separately from the sales price or charge for service insofar as practicable and shall be a debt from the purchaser to the seller recoverable at law in the same manner as other debts.

In computing the tax to be collected as the result of any transaction amounts of tax less than one-half of one cent may be disregarded and amounts of tax one-half cent or more may be considered an additional cent. If the sale price of any sale at retail is ninety-nine cents ($.99) or less, no tax shall be collected.

Sec. 8. Permit.

A. Every person desiring to engage in or who is conducting the business of making retail sales within Albert Lea shall file with the Commissioner an application for a separate Albert Lea permit and if such person has more than one place of business in Albert Lea, an application for each place of business must be filed. A vending machine operator who has more than one vending machine location shall nevertheless be considered to have only one place of business for purposes of this section. An applicant who has no regular place of doing business and who moves from place to place shall be considered to have only one place of business and shall attach such permit to his cart, stand, truck, or other merchandising device.

B. The Commissioner will issue to each applicant a separate permit for each place of business within the City. The permit shall be conspicuously displayed at the place for which it is issued. The permit shall not be assignable and shall be valid only for the person in whose name it is issued and for the transaction of business at the place designated therein.

Sec. 9. Exemption Certificate. A fully completed exemption certificate taken from a purchaser to the effect that the property purchased is for resale or that the sale is otherwise exempt from the application of the tax imposed by this Article will conclusively relieve the retailer from collecting and remitting the tax. A person who has obtained from the Commissioner an exemption certificate pursuant to Minnesota Statutes Section 297A.89 may use such exemption certificate for the purposes of the sales tax imposed by the City.

Sec. 10. Presumption of Purpose of Sale. For the purpose of the proper administration and enforcement of this ordinance, it shall be presumed that all retail sales for delivery in the City are for storage, use, or other consumption in the City until the contrary is established.

Sec. 11. Collection of Sales Tax at Time of Sale.

A. Any retailer regularly making deliveries within the City, any retailer maintaining a place of business in the City, or any other retailer otherwise doing business within the City, upon making sales of any items which are not exempted from the sales tax imposed under that section and which are to be delivered within the City to the purchaser, shall at the time of making such sales collect the sales tax from the purchaser. The tax collected by such retailer shall be remitted to the Commissioner.

B. Any retailer required to collect the sales tax and remit such tax to the Commissioner pursuant to this section shall file with the Commissioner an application for a permit and provide such other information as the Commissioner may require.

C. “Retailer maintaining a place of business in the City,” or any like term, shall mean any retailer having or maintaining within this City, directly or by a subsidiary, an office, place of distribution, sales or sample room or place, warehouse, or other place of business, or having any affiliate, agent, salesperson, canvasser, or solicitor operating in this City under the authority or the retailer or its subsidiary, for any purpose, including the repairing, selling, delivering, installing, or soliciting of orders of the retailer’s goods or services, or the leasing of tangible personal property located in this City, whether the place of business or agent representative, affiliate, salesperson, canvasser, or solicitor is located in the City permanently or temporarily, or whether or not the retailer, subsidiary, or affiliate is authorized to do business within this City.

Sec. 12. Agent of Retailer. When, in the opinion of the Commissioner, it is necessary for the efficient administration of the tax, the Commissioner may regard any salesman, representative, trucker, peddler, or canvasser as the agent of the dealer, distributor, supervisor, employer, or other person under whom such salesman, representative, trucker, peddler, or canvasser operates or from whom the tangible personal property being sold is obtained, and may regard the dealer, distributor, supervisor, employer, or other person as a retailer for the purposes of this Article.

Sec. 13. Effective Date; Transitional Sales. Except as otherwise provided herein, the taxes authorized by this Article shall apply to sales made on or after April 1, 2006, and shall be in addition to all other taxes now in effect.

The City sales tax shall not apply to:

A. The gross receipts from retail sales or leases of tangible personal property made pursuant to a bona fide written contract which unconditionally vests the rights and obligations of the parties thereto, provided that such contracts were enforceable prior to April 1, 2006, and that delivery of the tangible personal property subject thereto is made on or before June 30, 2006.

B. The gross receipts from retail sales made pursuant to a bona fide lump sum or fixed price construction contract which unconditionally vests the rights and obligations of the parties thereto and which does not make provision for allocation of future taxes, provided that such contract was enforceable prior to April 1, 2006. And that delivery of the tangible personal property used in performing the Construction Contract is made before January 1, 2007.

C. Payments made for April and May, 2006, for contracts to provide taxable services, provided that such contracts were enforceable prior to April 1, 2006; however, the City sales tax shall apply to payments made on and after June 1, 2006.

D. Utility bills that include charges for services for any date before April 1, 2006; however, the Albert Lea Sales and Use Tax shall apply to all utility bills for services provided after April 1, 2006.

Sec. 14. Collection and Enforcement. The taxes imposed by the City hereunder shall be subject to the same interest, penalties, and other rules as are applicable to the State general sales and use tax imposed by Minnesota Statutes, Chapter 297A. The taxes imposed by the City hereunder may be collected by the State on behalf of the City as provided by an appropriate agreement with the Minnesota Commissioner of Revenue.

That the motion for the adoption of the foregoing resolution was duly seconded by Councilor and upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen, Jr.

And the following voted against the same: None.

That the motion for the adoption of the foregoing resolution was duly seconded by Councilor Olson and upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen, Jr.

And the following voted against the same: None.

Introduced and passed this 14th day of August, 2017

/s/
Mayor Vern Rasmussen Jr.

Filed and attested this 15th day of August, 2017

/s/
Secretary of the Council


Minnesota state law (Chapter 156 of the Session Laws of 2005) requires that "a city or county with a population of more than 15,000 must annually notify its residents of the positions and base salaries of its three highest-paid employees." For the City of Albert Lea, titles and salaries as of Jan. 1, 2019, are: City Manager, $138,375.12; Director of Public Works/City Engineer $110,780.80; and Director of Public Safety $103,646.40. Date of publication: January 23, 2019.