Loading...
HomeMy WebLinkAbout5.D.2. Amendments to City Code Chapter 7, Section 7.17 Regarding Right-of-Way Management-Ord. No. 760 S.D.1- . CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor & City Council Mark McNeill, City Administrator FROM: Jeff Weyandt, Assistant City Engineer SUBJECT: Amendment to City Code Chapter 7, Section 7.17 Regarding Right-of-Way Management DATE: May 16,2006 INTRODUCTION: The Minnesota Office of Pipeline Safety has adopted a new rule requiring cities. to locate and mark private sewer and water service laterals located within City right...of-way.. As a result the League of Minnesota Cities is recommending specific revisions to the City's current right-of-way ordinance. The proposed revisions consist of defining service laterals, requiring additional mapping data and clarification of state law regarding trenchless excavations. The revised Ordinance No. 760, an ordinance amending Section 7.17 Right-Of-Way Management is attached. Text proposed to be deleted has a line through it and new text is bold and underlined so the revisions can be identified easier. The revisions will clarify City requirements and help ensure current standards are being met. ALTERNATIVES: 1. Approve Ordinance No. 760, approving the proposed amendment to City Code Sec. 7.17 as presented. 2. Approve Ordinance No. 760, approving the proposed amendment to City Code Sec. 7.17 with revisions. 3. Do not approve the proposed amendment. 4. Table the item for additional information or revisions. RECOMMENDATION: Staff recommends Alternative No.1, to approve Ordinance No. 760, approving the proposed amendment to City Code Sec. 717 as presented. ACTION REQUESTED: Approve Ordinance No. 760, Approving the Proposed Amendment to City Code Sec. 7.l7 as presented. ~~ Jeff Weyandt Assistant City Engineer JW/pmp ENGRlEF/JOESWENTEKlROWIWORDIMEM-ORDINANCE760 ORDINANCE NO. 760, FOURTH SERIES, AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING CHAPTER 7.17 RIGHT -OF- WAY MANAGEMENT THE CITY COUNCIL OF THE CITY OF SHAKOPEE MINNESOTA ORDAINS: Section 1. City Code Chapter 7.17, Subdivision 3 is amended by adding the following definition: "Service Lateral" means an underground facility that is used to transmit. distribute. or furnish gas. electricity. communications. or water from a common source to an end-use customer.' A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. Section 2. City Code Chapter 7.17, Subdivision 16, is amended to read as follows: Subd. 16. Other Oblie:ations. A. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law or regulation. 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. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work. B. Prohibited Work. Except in an emergency, and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. C. Interference witb Right-of-Way. A permittee shall not so obstruct a right-of- way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with, unless otherwise approved by the Director. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. D. 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 director. Trerichless excavations deeper than 4 feet will not be permitted without written approval from the director. E. Traffic Control. A permittee shall implement traffic control measures in the area of the work and shall use traffic control procedures in accordance with the most recent manuals on uniform traffic control, traffic control devices and traffic zone layouts published by the State of Minnesota. Section 3. City Code Chapter 7.17, Subdivision 18, is amended to read as follows: Subd. 18. 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 Rule 7819.1100 andother applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in',accordance with Minnesota Rules Chapter 7560 and this Section.. Service lateral installation is further subiect to those requirements and conditions set forth by the city in the applicable permits. City Specifications. City Design Criteria. and agreements referenced in Subd. 23 of this Section. Section 4. City Code Chapter 7.17, Subdivision 20, Paragraph A is amended to read as follows: Subd.20. Work Done Without a Permit. A. Emergency Situations. Each registrant shall immediately notify ,the director of any event regarding its facilities that the registrant considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two (2) business days after the occurrence of the emergency the registrant 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 Section for the actions it took in response to the Emergency. If the city becomes aware of an emergency regarding a registrant's facilities, the city will attempt to contact the local representative of each registrant 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 registrant whose facilities occasioned the emergency. Section 5. City Code Chapter 7.17, Subdivision 23, is amended to read as follows: Subd. 23. Mappilll! Data. A. Information Required. Each registrant and permittee shall provide mapping information in a form required by the city in accordance with Minnesota Rules 2 7819.4000 and 7819.4100. Withiuninety (90) days following completion of any work pursuant to a permit. the permittee shall provide the director accurate maps and drawin~s certifying the "as-built" location of all equipment installed. owed and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical' location of all facilities and equipment and shall be provided consistent with the city's electronic mapping system. when practical or as a condition imposed by the director. Failure to provide maps and drawings pursuant to this paragraph shall be grounds for revoking the permit holder's registration. B. Service Laterals. All permits issued for the. installation or repair of service laterals. other than minor repairs as defined in Minnesota Rilles 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 director reasonably requires it. Permittees or their' subcontractors shall submit to the director evidence satisfactory to the director of the installed service lateral locations. Compliance with this paragraph and with applicable Gopher State One Call law and Minnesota Rules governing service laterals installed after December 31. 2005 shall be a condition of any city approval necessary for 1 ) payments to contractors working' on 'a public improvement proiectincluding 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 director shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed mav result in the revocation of the permit issued for the work orfor future permits to the offending permittee or its subcontractors. Section 6. City Code Chapter 7.17, 'Subdivision 30, is amended to read as follows: Subd. .30. . Anneal. A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had permit revoked; or (4) believes that the fees imposed are notin conformity with Minn. Stat. ~237.163, Subd. 6; or (5) disputes a decision of the director regarding the mapping data required by Subdivision 23 of this Section may have the denial, revocation, decision. 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 in writing and supported by written findings establishing the reasonableness of the decision. Section 7. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shako pee, Minnesota, held this day of , 2006. 3 Mayor of the City of Shakopee Attest: City Clerk Published in the Shakopee Valley News on the day of , 2006. 4