6.13. SR 03-21-2005
Item #;. 6.13.
MEMORANDUM
TO:
FROM:
Mayor and City co~
Michele McPherson, Director of Planning
DATE:
March 21, 2005
SUBJECT:
Case No. OA 05-06
Amendment to the Right of way Ordinance Relating to Fees _
Public Hearing
Attachments
Ordinance No. 05-_
Background
In 2000, the City adopted a Right of way Ordinance regulating underground work within the
City's rights of way. Underground work typically includes the installation of underground
cables and/or pipes. The purpose of this ordinance was to ensure that the City was aware of
who was working within the right of way and to hold those accountable for proper
restoration of the boulevard and the City streets.
From time to time, companies working in the right of way will disrupt underground utilities
such as gas, phones or electrical lines. If this occurs, the Fire Department is typically called
to respond to this mishap. The cost for the Fire Department's response is typically billed
back to the contractor. While the language in the ordinance does allow for this charge back,
staff feels it is appropriate to clarify the ordinance so that there is no misinformation or
misinterpretation of the ordinance language. Attached is the ordinance adding the following
language to Section 66-59 relating to fees:
(3) Emergency response costs. Persons working in the right of way with or without
permits shall reimburse the city for actual costs incurred while responding to an
emergency relating to damage to a utility located within the right of way.
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
Case No. OA 05-06
March 21, 2005
Page 2
Request
The City Council is asked to conduct a public hearing regarding this ordinance change and to
adopt the attached ordinance.
Information
The City will be conducting right of way training for contractors working within the rights of
way on Thursday, March 24th in the Emergency Operations Center. This training is being
conducted at no charge to the contractors and will review the City's ordinance relating to
work in the right of way, obtaining permits, inspections of restoration and fees charged. It
will also include a presentation by the Office of Pipeline Safety.
S:\pLANNING\Case Files\2005\OA 05-06 Fees R-O-W\03 21 05 CC memo. doc
ORDINANCE 05-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 66-59 OF THE CITY CODE OF ORDINANCES
CASE NO. OA 05-06
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 66-59 titled, Fees, of the City of Elk River Code of Ordinances shall
be amended to read as follows:
(3) Emergency response costs. Persons working in the right of way with or without
permits shall reimburse the city for actual costs incurred while responding to an
emergency relating to damage to a utility located within the right of way.
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 21st day of
March, 2005.
Stephanie Klinzing
Mayor
ArrEST:
Joan Schmidt
City Clerk
S:\PLANNING\Case Files\2005\OA 05-06 Fees R-O-W\Ordinance.doc