9.1. SR 03-20-2017 - Laserfiche WebLink

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City of Elk — River Request for Action To Item Number Mayor and City Council 9.1 Agenda Section Meeting Date Prepared by Work Session March 20, 2017 Chris Leeseberg, Senior Planner Item Description Reviewed by Ordinance Amendment Relating to Dumpsters and Zack Carlton, Planning Manager Portable Storage Containers in Public Right -of -Way Reviewed by Cal Portner, City Administrator Action Requested Review, discuss, and provide direction to staff regarding obstructions within public right-of-way (ROW). Why Amend the Ordinance? The planning staff and the police department receive numerous calls each year regarding the placement of moving containers/PODS, dumpsters, rock, soil, and pallets on public streets and sidewalks. State law prohibits the obstruction of ROW. Staff has further concerns including damage to city infrastructure and safe movement of vehicles and pedestrians. The council will need to approve a permitting process to allow the obstruction of ROW. Public Benefit of an Amendment By regulating obstructions within the ROW, public safety is preserved by ensuring the road/sidewalk is safely obstructed and infrastructure damage is repaired at the expense of the perpetrators, not taxpayers. Background/Discussion State statue X609.74 (2) states it is a misdemeanor to interfere with, obstruct, or render dangerous for passage, any public highway or right-of-way, or waters used by the public. Public Nuisances Section 46- 31 (2) of the city code echoes the state statue. As it is today, no obstructions are allowed in highway or city right-of-ways. The city has the ability to grant permits allowing temporary obstructions. At the September 19, 2016, Work Session, the City Council directed staff to draft an ordinance addressing staff concerns. During the February 21, 2017, City Council meeting, the council questioned the need and costs for a permit, enforcement, escrows, and duration. The council directed staff to research this further. Staff contacted Andover, Big Lake, Cottage Grove, Inver Grove Heights, Maple Grove, Plymouth, Ramsey, Red Wing, Rogers, Rosemount, and Shakopee. Of the 11 cities contacted, 8 responded. Of those 8, 6 do not allow obstructions. The remaining two have some form of a "permit" to allow right-of- way obstructions. The following chart summarizes the regulations for each of these cities. P a w E A E U s r NaA f RE]