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MEMORANDUM
TO: Todd Gerhardt, City Manger
FROM: Bob Generous, Senior Planner
DATE: December 8, 2003
SUB J:
Adoption of Ordinance, Chapter 17, Chanhassen City Code, Streets and
Sidewalks; Approval of Summary Ordinance for Publication Purposes
ACTION REQUIRED
A simple majority vote of City Council members present is required to adopt the
amendment; however, a 4/5ths vote is required for approval of the summary ordinance
for publication purposes.
BACKGROUND
Over the past two years, the city has been reviewing proposed changes to City Code.
Our overall intent is to try to make the code easier to understand and use by addressing
problems in the code, overlapping code requirements, clarifying ordinance language,
procedures or processes and consolidating the City Code. The proposed changes to
Chapter 17 have been reviewed previously by the Chanhassen Planning Commission
and City Council.
SUMMARY
This chapter deals with permitting for construction within the street right-of-way.
Moving of buildings is covered by this chapter. Staff is proposing that moving of
buildings be approved administratively, rather than by city council action. The moving
of structures is permitted pursuant to compliance with city code and state building code.
Additionally, Article IV is being proposed addressing removal of snow and ice from
sidewalks as a responsibility of abutting property owners.
Staff is recommending approval of the amendment.
RECOMMENDATION
Staff is recommending that the City Council adopt the attached ordinance for
Chapter 17 of the Chanhassen City Code; and approve the summary ordinance for
publication purposes.
ATTACHMENT
1. Ordinance Amending Chapter 17, Chanhassen City Code
The City 0f Chanhassen · a c]rowir,g ,S0rTX3L il u,' ,,'J!h :l~<~ :,?:~; :i[,~ '~ :,' r,: ; '
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCENO.
AN ORDINANCE AMENDING CHAPTER 17
CHANHASSEN CITY CODE,
STREETS AND SIDEWALKS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 17-17 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) No person shall excavate, dig, tunnel or ditch in or under any street, alley, public
ground or public easement without first obtaining a permit from the city and paying
the fee established by resolution for the permit. An excavation permit is not required
of a licensed plumber who has secured a permit for the installation of water or
sanitary sewer services or an individual sewage treatment system.
(b) Each application for permit shall be made in writing on a form furnished by the city.
(c) Each permit for an excavation shall be issued in writing and shall be kept on the site
of the work while it is in progress, in the custody of the individual in charge of the
work. The permit shall be exhibited to any city official upon request.
(d) Unless the applicant has in force the bond required of licensed plumbers, or unless
otherwise waived by the city council, a surety bond in the amount of two thousand
dollars ($2,000.00) shall be required from each permit applicant. Such bond shall be
conditioned that the applicant_shall perform the work in accordance with this article
and all applicable regulations.
Section 2. Section 17-22 (a) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Precautions shall be exercised at all times for the protection of persons and property. The
safety provisions of applicable laws and building and construction codes shall be
observed; machinery, equipment and all hazards shall be guarded or eliminated in
accordance with the safety provisions of the OSHA 29 CFR Safety Program published by
the Library Specifications Book to the extent that such provisions are not in conflict with
applicable law.
Section 3. Section 17-23 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Installation of pipe and utility conductors under Portland cement concrete, asphalt
concrete, or other high-type bituminous pavements shall be done by jacking, augering or
tunneling as directed by the city engineer unless otherwise authorized by the city council.
When this type of installation is made, a city-approved casing of larger dimension shall
be used to sleeve or encase the service pipe or conductor.
(b) When excavating in an improved road, each class of excavated material shall be piled
separately. When removing pavement of Portland cement concrete, asphalt concrete or
high-type built-up bituminous surfacing, the pavement shall be removed a distance of
nine (9) inches beyond the trench width and length, in order to provide a shoulder and
solid foundation for surface restoration.
(c) For minor utility (individual gas, electric, phone, cable, etc.) no open cutting of the
street will be allowed.
(d) Excavations and jacking pits shall be bermed when unattended to prevent entrance of
surface drainage.
(e) All back-filling shall be placed in six-inch layers at optimum moisture and compacted
to achieve one hundred (100) percent of AASHTO density. Compaction shall be
accomplished with hand, pneumatic or vibrating compactors as appropriate. Backfill
material shall be class 5 as per state highway department specifications, or better if
required by the city. Compacted backfill shall be brought to street grade and crowned not
more than one (1) inch at the center. If settlement occurs or excavation fails within two
(2) years from completion date requiring replacement of the roadway surface, the
excavation backfill material and the surfacing shall be replaced by the city at the expense
of the permittee.
(f) City approval shall be required for any construction anchors or braces within the
boulevard or on the shoulders. Vehicular driving onto the boulevard or shoulders from
the roadway shall be regulated as required by circumstances. The method of construction
and type of machine excavation shall receive prior approval of the city.
(g) Excavations wider than four (4) feet shall not be permitted without special
authorization. Street traffic shall be maintained unless provided otherwise by the permit
provisions. No lugs damaging to roadway surfaces shall be used on equipment. Dirt or
debris tracked or spilled onto the street surfacing shall be periodically removed during
construction to prevent accumulation.
(h) Street surface and roadside shall be cleaned after completion of construction and
shall be left in a neat and presentable condition.
(i) After all construction and clean-up has been completed, the permittee shall notify the
city within twenty-four (24) hours to this effect and shall request inspection and
preliminary acceptance of the work. Proper "As built" plans, as required by the city
engineer, shall be submitted prior to acceptance.
Section 4. Section 17-31 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
General standards.
All buildings moved into or within the city shall comply with the following:
(1) Minnesota State Building Code.
(2) The building is well maintained and in a good state of repair as determined by
the Building Official.
(3) Chapter 20 of the City Code, City of Chanhassen, Minnesota.
Section 5. Section 17-41 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
No one may move a building into or within the city except upon issuance of a permit
issued by the city and from all regulating agencies.
Section 6. Section 17-42 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) A person required to obtain a permit by this division shall file an application with
the city, accompanied by a fee in the amount established by resolution.
(b) The application shall be referred to the city building official for approval.
Section 7. Chapter 17, Article III, Section 17-43 of the City Code, City of Chanhassen,
Minnesota, is hereby repealed.
Section 8. Section 17-44 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The city shall approve a permit pursuant to this division subject to such
reasonable conditions as may be appropriate if the standards set forth above are met. If
the building does not satisfy the requirements for a permit, the city may issue a permit on
condition that the building is brought into compliance within a reasonable period of time
as determined by the city. The city may further condition approval upon the applicant
furnishing a letter of credit satisfactory to the city sufficient to cover the necessary work
to bring the building into compliance.
Section 9. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
an Article to be numbered Chapter 17, Article IV, which shall read as follows:
Snow and Ice Removal
Sec. 17-50. Snow and ice removal from sidewalks.
Purpose. The purpose of this section is to require the owners or occupants of real
property to maintain public sidewalks abutting their property to prevent a public
nuisance affecting the safety of the general public.
bo
Responsibility for Removal of Snow and Ice. It shall be unlawful for the owner or
occupant of real property to fail to remove snow and ice from sidewalks abutting their
property within twelve (12) hours after the snow and ice has been deposited.
C°
Special Assessments: After giving the owner or occupant of real property not in
compliance with this section two (2) days advanced written notice of noncompliance,
the may cause the snow or ice to be removed and may assess the cost against the
property owner in accordance with Minnesota Statutes Section 429.101.
d. Penalties:
1) Any person who violates this section shall be guilty of a petty misdemeanor
and shall be punishable by a fine of up to one hundred dollars ($100.00).
2) A separate violation occurs each day that a violation hereunder continues.
Section 10. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 8th day of December, 2003, by the City Council
of the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. __, AN ORDINANCE
AMENDING CHAPTER 17 OF THE CHANHASSEN CITY CODE
STREETS AND SIDEWALKS.
The purpose of this code amendment is to permit the moving of administratively,
rather than by city council action and add Article IV addressing the responsibility of
adjacent property owners for the removal of snow and ice from sidewalks..
A printed copy of Ordinance No. __ is available for inspection by any person
during regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 8th day of
December 2003, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager/Clerk
(Published in the Chanhassen Villager on