7.5 SR 05-15-2023
Request for Action
To Item Number
Mayor and City Council 7.5
Agenda Section Meeting Date Prepared by
Public Hearings May 15, 2023 Ryan Sandhoefner, Engineer 1
Item Description Reviewed by
Ordinance Amendment: Delay Penalty for Justin Femrite P.E., Public Works Director
Right-of-Way Excavation, Obstruction,
Reviewed by
Patching, or Restoration
Cal Portner, City Administrator
Action Requested
1. Mayor Dietz to open and close the public hearing.
2. Adopt, by motion, the ordinance amendments to Section 66-62, Delay Penalty.
Background/Discussion
The goal of the proposed changes is to reduce non-compliance of street disruption permits which commonly result
in unnecessary inconvenience and hazard exposure to the public. To combat these trends, monetary delay penalties
are proposed for failing to meet basic guidelines of working within the city rights-of-way.
Financial Impact
N/A
Mission/Policy/Goal
Responsible for every dollar – good stewards, ethical, efficient, and responsible.
Attachments
Ordinance Amendment: Delay Penalty
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
Strikethroughs to be removed
Underlines to be added
Ordinance 23 - ____
An Ordinance Amending Chapter, Section 66-62, Streets, Sidewalks and Other
Public Places – Right-of-Way Delay Penalty of the City of Elk River, Minnesota, City
Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 66-62, Delay Penalty of the City of Elk River Code of Ordinances shall be
amended to read as follows:
In accordance with Minnesota Rules 7819.1000, subp. 3, and notwithstanding any provision of
this article, the city establishes a delay penalty for unreasonable delays in right-of-way excavation,
obstruction, patching, or restoration. A person shall be subject to a fee or penalty for violation of
this ordinance when an obstruction of the right-of-way exists beyond the date specified in the
permit, is performing non-emergency work in the right-of-way without having been issued a permit
or when a person causes the city to incur costs as a result of actions or inactions of a person.
A delay penalty will not be imposed in the discretion of the director for delays due to force
majeure, including inclement weather, civil strife, acts of God, or other circumstances beyond the
control of the permit holder.
The delay penalty for violation of this ordinance may be levied daily for as long as the violation
occurs. The amount of the delay penalty will be determined by the applicability of each specified
circumstance, which reflect unnecessary inconvenience and hazard exposure to the public:
Traffic Control. The permit holder shall, within 1 calendar day of completion of work, retrieve
all traffic control associated with the permit. Failure to remove any traffic control devices
from right-of-way shall result in a monetary penalty of $100 per day, up to seven days. If any
obstruction remains in right-of-way after seven days, city staff will remove the hazards and
notify the permit holder of their new location.
Collection. The permit holder will incur a fee for all staff and equipment hours utilized to
retrieve the hazards, calculated at a rate consistent with the most recent city fee schedule.
Storage. The permit holder will incur a fee of $100 per day for any hazards stored in city
facilities.
Restoration. The permit holder shall, within 1 calendar day of completion of work, perform
any necessary patching or restoration work as specified within the permit. Failure to correct
any damaged infrastructure within the right-of-way shall result in a monetary penalty of $200
per day, up to three days. If after three days the hazard still exists, the city shall initiate
Last Updated January 2023
Strikethroughs to be removed
Underlines to be added
restoration. All staff hours used to procure a contractor, facilitate restoration and inspection
will result in a monetary penalty to the permit holder calculated at a rate consistent with the
most recent city fee schedule, and the actual costs to the City to engage the contractor to
perform the work.
(Ord. No. 00-09, § 1(1200.03(3)), 4-17-2000)
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 15th day of May, 2023.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated January 2023