City of Red Wing Resolution 6353

RESOLUTION NO. 6353[RR1]

A Resolution Approving a Summary of Exhibit A to

Ordinance No. 25, Fourth Series for Publication

BE IT RESOLVED by the City Council for the City of Red Wing as follows:

1.The City Council hereby approves the following summary of Exhibit A to Ordinance No. 25, Fourth Series:

The above referenced Ordinance No. 25 was adopted by the City Council on December 12, 2011 and will go into effect 14 days after its publication. In addition to the amendments to Chapter 7 of the City Code described above, the Ordinance creates a new Chapter 14 (Right-of-Way Management) of the City Code. The purpose of these changes is to create a comprehensive right-of-way management ordinance in order to provide for the health, safety and welfare of the citizens of the City of Red Wing, and to ensure the integrity of the City’s streets and the appropriate use of the rights-of-way such that the City is able to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. The new Chapter 14 relates to right-of-way permits and administration. The new chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way or to be placed therein at some future time.

Chapter 14 is a new Chapter to the City Code and includes the following key sections:

* Sec. 14.02. Election to Manage the Public Rights-of-Way – Clarifies the intent of the Council to manage the public rights-of-way pursuant to and in accordance with the authority given by the State Legislature in Minn. Stat. Secs. 237.162 and 163.

* Sec. 14.06. Registration and Right-of-Way Occupancy and Sec. 14.07. Registration Information – Requires those using and occupying the public rights-of-way to register with the City and provide basic essential information.

* Sec. 14.08. Reporting Obligations – Imposes minimum reporting obligations for utilities planning to do work in the public rights-of-way, including schedules for anticipated work.

* Sec. 14.09. Permit Requirement, Sec. 14.10. Permit Applications, Sec. 14.11. Issuance of Permit; Special Provisions and Conditions; and Sec. 14.12. Permit Fees – Describes the requirements for obtaining a permit and paying applicable permit fees before excavating or in any way obstructing the public rights-of-way.

* Sec. 14.13. Right-of-Way Restoration – Contains requirements for restoring the public rights-of-way after excavation.

* Sec. 14.15. Supplementary Applications – Describes supplementary application process applicable when work in the right-of-way exceeds the area or time limitations outlined in a permit.

* Sec. 14.17. Denial of Permit – Specifies the grounds for denying a right-of-way permit.

* Sec. 14.18. Installation Requirements – Specifies that the installation of utility facilities in the public rights-of-way shall comply with City requirements and applicable rules of the Minnesota Public Utilities Commission.

* Sec. 14.19. Inspection – Discusses inspection requirements for work in the right-of-way and describes the authority of the City’s Engineering Director to order cessation of work in the right-of-way or to order the correction of a violation of a permit or other applicable standard, condition or code.

* Sec. 14.22. Revocation of Permits – Describes the grounds and procedures for revoking right-of-way permits.

* Sec. 14.23. Mapping Data – Adopts rules of the Minnesota Public Utilities Commission describing the mapping information that must be provided by those placing utility facilities in the public rights-of-way.

* Sec. 14.24. Location and Relocation of Facilities – Describes requirements and notification standards regarding location and relocation of utilities.

* Sec. 14.28. Indemnification and Liability – Specifies the circumstances in which those placing facilities in the public rights-of-way will be required to defend and indemnify the City for actions brought against the City.

* Sec. 14.30. Appeal – Describes the process for challenging a City decision involving application of this ordinance.

2.The Council further determines that publication of Ordinance No. 25, Fourth Series and a summary of Exhibit A would clearly inform the public of the intent and effect of the Ordinance.

3.Accordingly the Council hereby resolves and directs that:

a.Ordinance No. 25, Fourth Series and only this summary of Exhibit A to the Ordinance shall be published, along with notice that a printed copy of the Ordinance and Exhibit A is available for inspection by any person;

b.A full and complete copy of the entire text of the Ordinance and Exhibit A is available for inspection at the City Clerk’s office at City Hall, 315 West 4th Street in Red Wing. A full and complete copy of the entire text of the Ordinance and Exhibit A shall be posted in the community library between December 17, 2011 and January 17, 2012.

Adopted this _12__ day of December, 2011.

s Ralph Rauterkus_____________

Ralph Rauterkus, Council President

ATTEST:

s Kathy Seymour Johnson_

Kathy Seymour Johnson, MCMC, City Clerk

(seal)

Presented to the Mayor at _9:48 p.m._ on this _12th__ day of Dece,ber, 2011.

Approved this _12th__ day of December, 2011.

s Dennis Egan_______________

Dennis Egan, Honorable Mayor

[RR1]Council adopted Res. 6353 by a 7-0 vote.

8E

12/17

Tags: public notices, meetings