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ITEM 3.7 Water tower Access PolicyRequest for City Council Actior ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Utilities Kurt Neidermeier March 23rd, 2015 PRESENTER(s): REVIEWED BY: ITEM #. Consent Agenda Lori Johnson 3.7 — Water Tower Access Policy RECOMMENDATION: Staff recommends approval of the Water Tower Access Policy. The policy was reviewed at the March 17, 2015 Public Works Subcommittee with recommendation of approval. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? NO No BACKGROUND/JUSTIFICATION: A policy for Water Tower Access has been developed to provide protection to the City of Otsego's Public Drinking Water Supply and Elevated Water Storage Tanks. The document provides the necessary steps and staff direction to allow for tower access, most commonly requested for cellular antennas and wireless internet. Included are provisions for normal access times with availability of emergency access, required on-site monitoring, escrow deposits and associated costs, background checks and safety requirements. SUPPORTING DOCUMENTS: (X) ATTACHED Water Tower Access Policy MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve the Water Tower Access Policy. i 1•- 111 i, FUNDING: BUDGETED: NA I NA ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA WATER TOWER ACCESS POLICY Purpose: The purpose of this Policy is to set forth the City of Otsego's requirements and process for allowing access to the City Water Towers for those not employed or contracting directly with the City. This policy includes requirements for access for all employees or contractors of entities leasing the Water Tower facilities. These procedures are necessary to protect and maintain the Water Storage Elevated Tanks and Public Drinking Water Supply and to maintain the health, safety and welfare of the City residents. Access Approval: Prior to the City allowing individual(s) access to a City Water Tower all of the following issues need to be addressed: Escrow and Waiver: Prior to providing access to a Water Tower the requesting entity must post an escrow deposit with the City in an amount to be determined by the City Finance Department in consultation with the City Engineer and City Public Utility staff. 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. Prior to accessing the Water Tower facilities 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. Background Checks: For the safety of the City residents and the public in general, access to the Water Towers requires successful completion of a Background Check as per the City Background Check Policy. Background checks are coordinated by the City Finance Department. The process is paid for by the applicant and can take up to several days. The City will not schedule access to the Water 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 City 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 Water Tower. Scheduling: Tower access for applicants successfully completing the Background Check is normally available Monday through Thursday 8am to 3pm. The Utility Department requires a forty eight (48) hour advance notification for scheduling purposes tom 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 Water 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 coordinated scheduling. For the safety, health, welfare and security of the City residents, a designated Utility Department employee shall be on site at all times that anyone other than a City employee or contractor is on the site. The designated City employee shall observe the work being undertaken and the individual(s) performing the work shall comply with directives of the City representative. The designated employee may deny access or remove an individual or individuals from the site. 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/or the City representative on site. Failure to provide acceptable identification will result in denial of access to the Water Tower. The City reserves the right to deny access to the Water Tower at any time and for any reason. Safety: All work completed on the Water Tower or upon City property 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 facility 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. ADOPTED- March 23, 2015 2