3.5 Revised Water TowerP
0tCITYo o
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Public Utilities
Utility Manager Neidermeier
July 26, 2021
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
3.5 Revised Water Tower
Access Policy
STRATEGIC VISION
MEETS:
I THE CITY OF OTSEGO:
Access policy.
Is a strong organization that is committed to leading the community through innovative
communication.
IS A PUBLIC HEARING REQUIRED?
Has proactively expanded infrastructure to responsibly provide core services.
X
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
A water tower access policy was developed in 2015 defining water tower access; incorporating a
Is a social community with diverse housing, service options, and employment opportunities.
commonly impacts cell antenna contractors. The proposed policy and attachments streamline preapproval
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff is recommending that the City Council adopt a resolution approving the revised Water Tower
Access policy.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROUND/J U STI FI CATI O N :
A water tower access policy was developed in 2015 defining water tower access; incorporating a
background check, escrows, project review and onsite monitoring. The policy guides access and most
commonly impacts cell antenna contractors. The proposed policy and attachments streamline preapproval
for requesters. Additionally, continuous onsite monitoring by staff is removed, replaced with an
identification verification process.
This draft policy was presented and reviewed with the Public Works Sub -Committee on June 16, 2021 and
again on July 21, 2021. There was concurrence for the draft revised water tower access policy to be placed
on the consent agenda for a future City Council meeting.
SUPPORTING DOCUMENTS ATTACHED:
• Water Tower Access Policy (Redlined)
• Resolution 2021-54
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2021-54 approving the revised water tower access policy.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A N/A
0
CITY OF 0
Ot
MINNESOTA
WATER TOWER ACCESS POLICY
ADOPTED: Mareh'3,' Draft Amendments
1. POLICY
The purpose of this Policy is to set forth the City of Otsego's requirements and process for allowing
access to t4i-- City Water Towers (the Towers) for those not employed or contracting directly with the
City.
the Water T,,,,,Pr fa4r--iU e-& These procedures are necessary to protect and maintain the Water
Storage Elevated T'^l(sthe Towers and Public Drinking Water Supply and to maintain the health,
safety and welfare of the City's residents.
2. ACCESS APPROVAL
Prior to the City allowing individual(s) access to a Gity ` ateF TeweFthe Towers, all of the following
issues to need to be addressed:
A. Escrow:
Prior to providing access to a ` ateF T-owerthe Towers the requesting entity must post an
escrow deposit with the City in an amount to be determined by the City Finanee.
DepartmentFinance Director in consultation with the City Engineer and City o„hl;c Utility
&ta€fUtility Operations Manager. The escrow is for the purpose of insuring that all City
related expenses including, but not limited to background checks, site monitoring,
inspections and repairs, communications, plan review, engineering costs, and staff costs.
Escrow accounts will be billed monthly for engineering costs and City staff time based upon
the City of Otsego's fee schedule and this Policy. In the event that costs exceed the amount
placed in escrow, applicant shall immediately upon notification of the same post additional
escrow to cover any deficit.
B. Waiver:
Prior to accessing the WateF Tewer f ^;';+;^Towers, the individuals allowed access shall sign
on behalf of themselves and the entity or entities they represent a waiver of claims against
the City and Agreement to indemnify and hold harmless the City in a form approved by the
City, and is attached to this policy as Exhibit A.
C. Background Checks:
For the safety of the City residents and the public in general, access to the Wy-Aner Towers
requires successful completion of a Background Check as per the City Background Check
Policy. Background checks are coordinated by the City FiRanee Dopar+pAeP+Human
Resources department. The process is paid for by the applicant and can take up to several
days. The City will not schedule access to the `"Towers until the background check has
been successfully completed. The City will,_at its sole discretion, determine whether or not
the results of a background check are acceptable. The C4,9 -Utility Department will contact
responsible
parties when background checks are successfully completed and request scheduling
proposals.
Updated background checks will be required periodically as set forth in the adopted City
Background
Check Policy.
In no instance will any individual not successfully completing the background check be
allowed access to a City W@teF T, weFthe Towers.
The information necessary for the City to initiate the background check is attached to this
policy as Exhibit B.
3. SCHEDULING
Tower access for applicants successfully completing the Background Check is normally available
Monday through Thursday Bates 8am to 3pm. The Utility Department requires a forty-eight (48) hour
advance notification for scheduling purposes to ensure staff availability for onsite monitoring. If
access occurs outside of a normal scheduling time the rate for onsite monitoring is doubled. In the
event of a request for emergency access to the Wates Towers, the applicant shall comply with all
aspects of this policy except that the Utility Department may, at its sole discretion, waive the forty-
eight (48) hour advance notification requirement.
The Utility Department shall coordinate scheduling. For the safety, health, welfare and security of the
City residents, a designated Utility Department employee &ha4— Ay be on site at all times that
anyone other than a City employee or contractor is on the site. The designated '#�= lity
Department employeemea r_observe the work being undertaken and the individual(s)
performing the work shall comply with directives of the Q%y Utility Department representative. The
designated employee may deny access or remove an individual or individuals from the site.
4. IDENTIFICATION
Prior to access to the facility, any individual or individuals seeking access and having successfully
completed a background check must provide acceptable identification and contact information to
the City and/er the CityUtility Department representative on site. Failure to provide acceptable
identification will result in denial of access to the Water T-oweJowers. The City reserves the right to
deny access to the `^ ateF T-owerTowers at any time and for any reason.
5. SAFETY
All work completed on the ` ateF T-eweFTowers ^F upen City IaFepert y shall be completed in a
workmanlike and safe manner in compliance with all applicable OSHA regulations and other
applicable safety rules, regulations and statutes. It is the responsibility of the persons requesting
access to assure property safety procedures are followed and to provide proper, well maintained
equipment for its workers, employees and contractors. The City is only providing access to the
faeili%-Towers and is not responsible for any accidents, claims or causes of action arising from work
undertaken on City premises. The applicant must provide adequate supervision of its employees,
contractors or workers at all times when they are on City property.
6. POLICY HISTORY
This is the current and most recent version of the Uniform Policy. Previously:
Adopted March, 2015
Revised Draft Amendments for Review
WATER TOWER ACCESS POLICY - EXHIBIT A
RELEASE AND WAIVER OF LIABILITY
I wish to access one or more of the City of Otsego's water towers to install, maintain, remove
and/or replace telecommunications equipment including but not limited to antennas, radios, remote
radio units remote radio heads diplexers raycaps, cabinets and/or conduit (the "Work").
understand that performing Work on water towers involves certain inherent risks including but
not limited to falling electrocution radiation exposure, drowning, bodily injury and death.
I hereby release and forever discharge and hold harmless the City of Otsego, its officials,
employees and agents from and against any and all liability claims, and demands of whatever kind or
nature either in law or in equity which arise or may hereafter arise from my Work on or around the City
of Otsego's water towers. I understand and acknowledge that this Release discharges from any liability
or claim that I may have with respect to bodily injury personal injury, illness, death, or property damage
that may result from the Work that I perform on or around the City of Otsego's water towers.
I understand that Work on the City of Otsego's water towers involves activities that may be
harmful to me including but not limited to involving inherently dangerous activities. I hereby expressly
assume the risk of iniury or harm from the Work.
expressly agree that this release is intended to be as broad and inclusive as permitted by the
laws of the State of Minnesota and that this release shall be governed by and interpreted in accordance
with the laws of the State of Minnesota. I agree that in the event any clause or provision of this Release
is deemed invalid the enforceability of the remaining provisions of this Release shall not be affected.
By signing below, I express my understanding and intent to enter into this Release and Waiver
of Liability willingly and voluntarily.
Signature Date
WATER TOWER ACCESS POLICY - EXHIBIT B
INFORMATION NEEDED FOR BACKGROUND CHECK
Last Name: (please print):
First Name: (please print):
Middle Name: (please print):
Phone Num
Email Address:
Signature of Applicant Date
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2021-54
APPROVING REVISED WATER TOWER ACCESS POLICY
WHEREAS, the City previously adopted a water tower access policy on March 23, 2015; and
WHEREAS, the City has made certain revisions within the water tower access policy; and
WHEREAS, the City Council has met to discuss and review the revised policy; and
WHEREAS, the City Council has determined that the revised policy shall be in force and effect upon the date
of adoption of this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:
1. That the revised Water Tower Access Policy as attached hereto is hereby adopted effective
immediately.
2. That the Water Tower Access Policy previously adopted on March 23, 2015 is no longer in force and
effect.
ADOPTED by the Otsego City Council this 26th day of July, 2021.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk