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HomeMy WebLinkAboutOrdinance - 14-2006 - Amending City Code Chapter 6, Relating to Streets & Sidewalks - 05/16/2006 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESTOA ORDINANCE NO. 14-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 6 RELATING TO STREETS AND SIDEWALKS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: City Code Chapter 6 entitled"Streets and Sidewalks generally" is amended as follows: Section 1. Section 6.01 is amended as follows: Reference to 1990, immediately following "Minnesota Statutes," and immediately preceding "Chapter 169," is deleted; The number"5"referencing Chapter 5 of the City Code,is inserted immediately following the word "Chapters"and immediately preceding the number"6,"referencing Chapter 6 of the City Code;and Immediately following the first sentence of Section 6.01, which ends with the number "8." referencing Chapter 8 of the City Code,the following sentence is inserted: "Wherever reference is made to an individual or position in this Chapter, it shall mean the individual or person or his/her designee." Section 2. Section 6.02 is amended as follows: In the heading of Section 6.02,the words"AND SCOPE"are added immediately following the word "APPLICATION"; The words"City Code,"in 6.02,which immediately follow the word"of'and immediately precede the word"Chapters" are deleted; The number "5" referencing Chapter 5 of the City Code, is inserted immediately after the word "Chapters" and immediately preceding the number"6,"referencing Chapter 6 of the City Code; The words "the drivers of in Section 6.02, which immediately follow the word "to" and immediately precede the word"all" are deleted; The words "vehicles and animals upon," which appear in the existing Section 6.02, immediately following the word"to" and immediately preceding the word"streets"are deleted; The words "users of the" are inserted immediately after the word"all" and immediately preceding the word"streets," as they appear in Section 6.02; The words "public ways, right of ways, and roadways within the City (herein after referred to as "streets")," are inserted immediately after the word"streets" and immediately preceding the word 6-1 "including" as they appear in Section 6.02; and The words"located wholly or partially within the corporate limits of the City of Eden Prairie."are inserted immediately after the last word, "subdivision" of Section 6.02. Section 3. Section 6.03 is amended in its entirety as follows: Section 6.03. PERMIT APPLICATON. It is a misdemeanor to perform any work/activity defined in this Chapter and within a street in the City without a permit in writing from the Director of Public Works,except that parade permits shall be authorized by the City Council through the Chief of Police in accordance with subsequent provisions of this Chapter. Subd. 1. Permit Application Required. No permit required under any provision of this Chapter shall be issued except after submission by the requesting party(Applicant)of a written application on a form as provided by the City. The permit application shall sufficiently describe the contemplated improvements or requested activity or use of the street, the contemplated date of beginning of the work/activity, and the length of time required to complete the work/activity. All such applications shall be consistent with the provisions of this Chapter and good engineering,safety and maintenance practices shall be followed for the work/activity conducted under the permit. The permit from the City shall not relieve the Applicant from damages to the person or property of another caused by such work/activity. Such application shall be completed and submitted to the Public Works Department no later than two (2)weeks prior to the projected date that any such work shall occur. Subd. 2. Permit Application Fee. A permit application fee shall be submitted along with the permit application. No permit application shall be considered for approval until such time as the required application fee is submitted. The permit application fee required pursuant hereto shall be fixed and determined by the City Council,adopted by resolution and uniformly enforced,except that franchised utilities shall be allowed to negotiate a unique payment schedule due to the volume of permits being issued. Subd. 3. Condition. Before granting any permit under any of the provisions of this Chapter, the Director of Public Works may impose such insurance,bonding,letter of credit,cash deposit or other financial security requirements thereon as deemed necessary to properly safeguard persons or property exposed to the work/activity. Such insurance shall also protect the City and its employees from any suit, action or cause of action arising by reason of such work/activity. Subd.4. Issuance of Permit. Upon decision by the Director of Public Works that the Applicant has satisfied all applicable requirements,the requested permit shall be issued subject to the terms of this Chapter and such other terms as are specified by the Director of Public Works. Section 4. Section 6.04, Subd. 1 is amended as follows: The heading for Subd. 1 is deleted and replaced by the words "Traffic Control Devices."; The words"City Manager"which appear immediately after the words"unless the"and immediately preceding the words"shall first,"as they appear in Section 6.04 of the City Code,are deleted and are 6-2 , replaced by the words "Director of Public Worksff, and The word"approved,"which appears immediately after the word"have"and immediately preceding the words "and directed" as they appear in Section 6.04, is deleted and is replaced by the words "given written approval"; Section 5. Section 6.04, Subd. 2 is amended as follows: The words"or Director of Public Works"are inserted immediately following the word"Police"and immediately preceding the word",may". Section 6. Section 6.04, Subd. 4 is amended as follows: The words "or public agency vehicle carrying out official work or activities" are inserted immediately following the word"vehicle" and immediately preceding the word", contrary". Section 7. Section 6.04, Subd. 5 is amended as follows: The word"public"is inserted immediately following the word"other"and immediately preceding the final word of Section 6.04, "authority"; and The words "acting within its proper scope and jurisdiction" are added immediately after the final word, and immediately preceding the period at the end of, Subd. 5, of Section 6.04 of City Code. Section 8. Section 6.05, Subd. 1 is amended as follows: The heading is amended in its entirety as follows: "Methods." Section 9. Section 6.05, Subd. 1, A is amended as follows: The words"advance payment is made therefore or arrangements for payment considered adequate" which immediately follow the word"if'and immediately precede the word"by"are deleted and are replaced by the words"a permit and appropriate bonding or other financial security, as approved"; The word"City"which immediately follows the words"by the"and immediately precedes the word "completed" is deleted and is replaced by the words"Director of Public Works,"; The word "completed"which immediately follows the word "and" and immediately precedes the word"in" is deleted; and The final word of subpart A of Subd. 1 advance which immediate) follows the word m and p Y immediately precedes the period at the end of subpart A, is deleted and is replaced by the words "place prior to commencement of work". Section 10. Section 6.05, Subd. 1, B is amended as follows: The date"1990,"which immediately followed the word"Statutes,"and immediately preceded the word"Chapter"is deleted. 6-3 Section 11. Section 6.05 Subd. 2 is deleted and the existing Subd. 3 is renamed as Subd.2 with the new title"Specifications and Standards." The word "performed" is added immediately following the words "shall be" and immediately preceding the word"strictly"therein. Section 12. Section 6.05 Subd. 3 is deleted and the existing Subd.4 is renamed as Subd. 3 with the heading"Subd. 3. Inspection." Section 13. Section 6.06, Subd 1 is amended as follows: The words "electrical cord, dumpsters, roll off containers, storage units, building construction materials,demolition or landscaping materials,"are inserted immediately following the word"lines," and immediately preceding the word"goods"; The words ", right of way, public way, sidewalk" are inserted immediately following the words "under any street" and immediately preceding the words"or other public property"; The word "Council" which immediately follows the words "permit from the" and immediately precedes the words "and then only" is deleted and is replaced by the words "Director of Public Works"; and The final sentence of the existing Subd. 1 of Section 6.06 of the City Code is deleted and is replaced by the following language: "A permit will be granted when the Director of Public Works has determined that completion of the project or activity necessitating such obstruction is not feasible without reasonable, temporary obstruction thereof. This Section shall not apply to mailboxes erected in accordance with US Post Office and any applicable City requirements or to containers temporarily placed adjacent to streets and being used for the weekly collection of solid waste or recyclables in accordance with the provisions of City Code Sections 5.36 and 9.01." Section 14. Section 6.06, Subd. 3 is amended as follows: The words"solid, recyclable or yard waste, including but not limited to"are inserted immediately following the words "street any" and immediately preceding the word"nails,"; and The words "or other"which immediately follow the word"grease," and immediately precedes the word"petroleum"is deleted; The words"other automotive fluids or"are inserted immediately following the words"products or" and immediately preceding the words "to empty"; and The final sentence of the existing Subd. 3. of Section 6.06 of the City Code is deleted. Section 15. Section 6.06, Subd. 4 is amended as follows: 6-4 The words"or right of way"are inserted immediately following the word"street'and immediately preceding the word"without." Section 16. Section 6.06, Subd. 5, A is amended as follows: The word "special"which immediately follows the word"without' and immediately precedes the word "permission" is deleted and is replaced by the word"written"; The words "or private driveway" are inserted immediately following the words"private property" and immediately preceding the words "and cause"; The words"street, sidewalk,"are inserted immediately following the words"public roadway,"and immediately preceding the word"walkway"; The word"trailway"which immediately follows the words"bike or"and immediately precedes the words "easement, park"is deleted and is replaced by the words "trail way"; and The final sentence of Subd. 5, A is deleted. Section 6.06, Subd. 5, B is amended in its entirety as follows: "Where permission is not granted by the Director of Public Works, the City may remove any such obstruction and the person shall be initially responsible for payment of all direct and indirect costs of removing the snow or ice from the street. If not paid, collection shall be by civil action or assessment against the property as any other special assessment." Section 17. Section 6.06, Subd. 7 is deleted. Section 18. Section 6.07 is amended as follows: The heading of Section 6.07 of the City Code is deleted and is replaced by the words"GENERAL REQUIREMENTS." The language immediately following the heading of the existing Section 6.07 is deleted; Section 19. Section 6.07, is deleted and replaced in its entirety as follows: Subd. 1. Exemptions. A City employee acting within the course and scope of his employment or a contractor acting within the course and scope of a contract with the City,to make any excavation, opening or tunnel in, over, across or upon a street or other public property is exempt from the requirements of this Section. Subd. 2 Protection of the City and the Public. A. Non-Completion or Abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance 6-5 therewith or shall cease or be abandoned without due cause,the City may, after six (6)hours notice in writing or by electronic notification to the holder of the permit of its intention to do so, correct the work, fill the excavation and repair the public property in a manner as it deems necessary to protect the safety and welfare of the public. All temporary and permanent repairs including back-filling,compacting and resurfacing shall be made or contracted for by the City in a manner prescribed by the Director of Public Works; and an accurate account of costs thereof shall be kept. The permit holder shall reimburse the City for these costs or the proceeds from the cash deposit, letter of credit or bond shall be used to reimburse the City for the cost of the repairs. B. Insurance. Prior to commencement of the work described in the application, the applicant shall furnish the City satisfactory evidence in writing that the applicant will keep in effect public liability insurance issued by an insurance company authorized to do business in the State of Minnesota on which the City and its employees are named as a co-insured. The amount of insurance shall be in accordance with standards and specifications on file in the office of the Director of Public Works as revised from time to time. C. Indemnification. Before issuance of a permit,the Applicant shall,in writing, agree to indemnify and hold the City harmless from any liability for injury or damage arising out of the action of the Applicant in performance of the work or any expense whatsoever incurred by the City incident to a claim or action brought or commenced by any person arising therefrom. Subd.3. Final Completion. Within 60 days(upon request by the Applicant)of completion to the satisfaction of the Director of Public Works the work/activity performed under the permit, the City shall release any unused bond, letter of credit or cash deposit to the Applicant. Section 20. Section 6.08 is amended as follows: The words"the streets"which appear immediately after the word"all"and immediately preceding the word"such"in the first sentence are deleted and are replaced by the words"any City street";and The word "City" is inserted immediately after the word "any" and immediately before the word "street"in the third sentence. Section 21. Section 6.20, Subd. 1 is amended as follows: The words "if such movement is without a permit hereunder" are deleted. � Section 22. Section 6.20, Subd. 2 is amended by changing the heading to. "Para de Permit Application Requirements." The words "City Manager" which immediately follow the words "made to the" and immediately precede the words"at least thirty"in the second sentence of Subd.2 are deleted and are replaced by the words Chief of Police"; 6-6 At the end of the second-to-last sentence of Subd. 2 the semicolon and the words "and such" are deleted and are replaced by a period and a new sentence begins with the word"Such"inserted after the period inserted and immediately preceding the word"application"; and The word"therefore"which immediately follows the word"applying"and immediately precedes the word"or" in the final sentence of Subd. 2 is deleted and is replaced by the word"therefore". Section 23. Section 6.20, Subd. 3 is amended as follows: The first sentence of Subd. 3, is deleted and is replaced by the following sentence: "The Chief of Police shall investigate the merits and impacts of the permit application."; The word"return"which immediately follows the words"acceptance and"and immediately precedes the word "application" in the third sentence of Subd. 3, is deleted and is replaced by the word "forward"; The word"application"which immediate) follows the words"return the"and immediate) recedes pP Y Y p the words "to the City" in the third sentence of Subd. 3 is deleted and is replaced by the word "recommendation"; The word "Manager" which is the last word of the third sentence of Subd. 3 is deleted and is replaced by the following language: "Council at its next regular meeting,including any recommended reimbursement for costs anticipated to be incurred by the City" The words "return the same" which immediately follow the words "he shall" and immediately precede the words "to the City" in the last sentence of Subd. 3 are deleted and are replaced by the words "forward the recommendation to the City"; and The words "Manager with his finding"which immediately follow the word"City"and are the last words of the last sentence of Subd. 3 of are deleted and are replaced by the words "Council at its next regular meeting". Section 24. Section 6.20, Subd. 5 is amended as follows: The first sentence of Subd. 4 is deleted; The word "applicant" which immediately follows the words "acceptable to" and immediately precedes the word"which"in the second sentence of Subd. 4 is deleted and is replaced by the word "Applicant"; The words "City Manager" which immediately follow the words "to the" and which are the last words of the third and last sentence of Subd. 4 are deleted and are replaced by the words"Chief of Police"; and 6-7 The following sentence is inserted after the last sentence of Subd. 4: "The Council may impose such fees as may be necessary to reimburse the City for costs incurred with managing traffic, performing road closures and other activities necessitated to properly provide for the safety and welfare of the community and its citizens." Section 25. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety,by reference,as though repeated verbatim herein. Section 26. Effective Date. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18`h day of April, 2006 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 10h day of May, 2006. Kat Teen Porta, City Clerk Ron Case, Acting Mayor PUBLISHED in the Eden Prairie Sun Current on , 2006 6-8 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 14- 2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 6 RELATING TO REGULATIONS RELATING TO STREETS AND SIDEWALKS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISONS. The following is only a summary of Ordinance No. 14-2006. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. The Ordinance amends City Code Chapter 6 to clarify and expand the requirements for placement of obstructions in streets, such as dumpsters or roll-off containers and to provide a consistent application process for other activities that are within streets, sidewalks and rights-of-way. A process for obtaining a permit from the Director of Public Works and language to allow inspections and financial security requirements were added. Parade permit applications are to be directed to the Chief of Police for review and City Council approval. The revisions include the following: • Submission of a permit application fee with the application. • Ability to impose insurance or financial security requirements to properly safeguard persons or property exposed to the work or activity. • Expanded the definition of Obstructions in Streets to include dumpsters, roll off containers, storage units, demolition debris, electrical cords and landscaping materials. Restrictions on placement of obstructions was expanded to include not only streets or other public property,but also rights of way,public ways and sidewalks. • Requirement to allow inspections of the premises. • Requirement that the Director of Public Works or designee must determine that completion of the project is not feasible without a reasonable, temporary obstruction. The application must be submitted a minimum of two(2)weeks prior to starting work to allow City staff time to evaluate the site conditions and determine if the work is necessary. All applicants are required to take precautionary measures for protection of the public during the obstruction. This Ordinance incorporates,by reference,City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. Effective Date. This Ordinance shall take effect upon publication. ATTEST: 4-&-2 Kath en Porta, City Clerk Ron Case, Acting Mayor PUBLISHED in the Eden Prairie Sun Current on May 25, 2006. 10- 3•V� v � newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current , and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,as provided by Minn.Stat.§331 A.02,§331 A.07,and other applic- able laws,as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 25 day LEGAL NOTICES Of May , 2006,and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2006;and printed below is City of Eden Prairie fOffielal PubllaaUOn) CrrrrYY OF EDEN PRAIRIE a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- HENNEPN COUNTY,MINNESOTA SUMMARY OF ORDNANCE NO.14-2t106 edged as being the size and kind of type used in the composition and publication of the AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CRY CODE CHAPTER 6 RE- notice: LATNG TO REGULATIONS RELATING TO STREETS AND SIDEWALKS,AND ADOPTING BY REFERENCE abcdefghijkimnopgrstuvwxyz CITY MOONG TMpp THINGS,CONTAIN PENALTY PROV1I AND SECTION 549 - SONS. The following is only a summary of Ordinance No. 14 '2006.The full text is available for public inspection by any. person during regular office hours at the Office of the City BY: clerk. The Ordinance amends City Code Chapter 6 to clarify and FO expand the requirements for placement of obstructions in streets,such as dumpsters or roll-off containers and to provide a consistent_application process for other acttvi- ties that are within streets,sidewalks and rights-of-way. A process for obtaining a permit from the Director of Public Works and language to allow Inspections and financial se- Subscribed and sworn to or affirmed before me curity requirements were added. Parade permit applica- tions are to be directed to the Chief of Police for review and City Council approval.The revisions include the following: on this 25 'day of May 2006. Submission of a permit application fee with the appii- cation. • Ability to impose insurance or financial security re- quirements to properly safeguard persons or proper- ty exposed to the work or activity. • Expanded the definition of Obstructions in Streets to NOtary lIC include dumpsters,roll off containers,storage units, demolition debris, electrical cords and landscaping materials. Restrictions on placement of obstructions was expanded to include not only streets or other pub- lic property,but also rights of way,public ways and MARY ANN CARLSON sidewalks. NOTARY PUBLIC—MNN�OTA • Requirement to allow inspections of the premises. N TARY PUSU EttPIRE3 OTA • Requirement that the Director of Public Works or de- signee must determine that completion of the project Is not feasible without a reasonable,temporary ob- 'POP PPPPPP#lo struction. The application must be submitted a minimum of two(2) RATE INFORMATION weeks prior to starting work to allow City staff time to eval- uate the site conditions and determine if the work Is nec- esswy.'All applicants are required to take precautionary (1)Lowest classified rate paid by commercial users $ 2.85 per line measures for protection of the public during the obstruc- for comparable space tion. This Ordinance incorporates, by reference, City Code Chapter 1 and.Ctty Code Section 5.99,which contain pro- (2)Maximum rate allowed by law $ 6.20 per line visions relating to penalties. Effective Date.This Ordinance shall take effect upon pub- lication. (3)Rate actually charged $ 1.30 per line Ron Case,Acting Mayor Attest Kathleen Ports,City Clerk Published in the Eden Prairie Sun Current on May 25, 2006. (May 25,2006)d4/ord 14-2006 Summary