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ITEM 3.6 Amending City CodeTy or ot C1 fgo MIF-SOTA Request for City Council Action DEPARTMENT INFORMATION h —6 ...................... ........... ........ . ..... ..... . . . I. . ........... . ... ......... ............... : . . ....... - ----- . ........ . ........ I' DEPARTMENP. REQUESTOR: MEETI4 Mx n..n....Nnrr.,. . ... . ............. . .... ........ .. Planning City Planner Licht 28 January 2013 PRE SENTER(s): REVIEWED BYITEM #: Consent Agenda City Ad m In istrator Johnson Item — 3.6 AGENDA ITEM DETAILS . ....................... .. . . .............. . . ...... .... .............. ...... ......... ...... ... .... .... .... .......... .. .. ...... ...... ....... ......... .... . ....... . ....... ..... ........ ... . ...... ... .. . ..... . ... . ........ ............. ... ............. ... . .. ..... .............. ....... ..... .............. ........ .............. . ...... 11 ...... ........................ ..... ......... . . . ..... . . .... I . .... .. . . ...... RECOMMENDATION: City staff recommends approval of an ordinance amending the City Code to clarify the existing on moving snow across public rights-of-way. -prohibition ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No. No. BACKG ROU N D/J USTIF [CATION: Otsego, like most cities, enforces a ban on moving snow across a public street and depositing it in the ditch or boulevard on the opposite side of the roadway. The purpose of this restriction is to prevent obstruction of the public right-of-way, including the use of the public right-of-way for the City's snow removal operations. Pushing now across a public street most often occurs when a property owner plows a driveway rather than use a snow blower or shovel. This regulation is established as a public nuisance by Section 5-8-S.B of the City Code. The existing language is not specific and does lead to questions from property owners when the City takes action to enforce the restriction. To this end, City staff is recommending that Section 5-7-2.B of the City Code be revised to address removal of snow in this manner as a property maintenance issue as well as a public nuisance. City staff has drafted the proposed language for review at the Public Works Subcommittee meeting on 1.6 January 2013. The Public Works Subcommittee recommended approval and forwarded the proposed amendment to the City Code for action, SUPPORTING DOCUMENTS: ATTACHED NONE A. Draft Ordinance amendment B. Ordinance 2013-02 POSSIBLE MOTION v.. .. ..,..,.. -.......... _ ..... .... ..I.......,.................. v.... .... .......... ......... 11 ........... - .... _..._.__... - .-... .-..-..... . I hasa word motion as you would like it to appear Motion t r v Ordinance 2013-02 amending the City Code related to snowremoval. BUDGET INFORMATION FUNDING: BUDGETED; ❑YES Li NO kCTION TAKEN ❑APPROVED AS REQUESTED a DENIED TABLED tj OTHER (List changes) g COMMENTS: ORDINANCE NO.: 2013-02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE SNOW REMOVAL, THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 5-7-23 of the City Code is hereby amended to read as fo I I oars : irl ti � Ili I " v r+ it r r ri i n�ni _ seen r , 1h1p .. ar_�*nn"no + 1 '1=0 � rr ftar mi ca rnh mnitar bnm oo � r,�onnrzi�� Wean r r� inr ._._ r *r I cibi Marko .No person shall troy deposit. lace or dump any snow ice dirt or rubbish or an other material or substance that may inure an person or �r I [e or otherwise obstruct travel on any City street includ.ing movement of such materials or substances across the roadway for the purpQse of de sltrn i ritlIn boulevard or ditchportion the public right-of-way Section 2. Chapter 5-8-5.1B of the City Code is hereby amended to read as follows: E. Depositing, or causing to be deposited, any snow or ice on or against any fire hydrant or on n sidewalk or roadway, including -the movement of snow across the street surface. Section 3. This ordinance shall become effective immediately upon its passage and publication. MOTION B: SECOND 1: 1 ALL. IN FAVOR: THOSE OPPOSED: ADOPTED by the City council of the City of Otsego this 28th day of January, 2013. ATTEST: Tari Loff, City Clerk 2 CITY of OTSEGO Jessica L. Stockam , Mayor ORDINANCE NO.: 2013-02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA N ORDINANCE AMENDING THE CITY CODE RELATED TO SNOW f EI i Ls THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: I[ . Section 1. Chapter 5-7-2.13 of the City Code is hereby amended to read as follows: B. No person shall throw, deposit, place or dump any snow, ice, dirt or rubbish or any other material or substance that may injure any person or Vehicle or otherwise obstruct travel upon any City street, including movement of such materials or substances across the roadway for the purpose of depositing it Titin boulevard or ditch porton the public right-of#gray, Section 2, Chapter 5-8-5.13 of the City Code is hereby amended to read as follows: B. Depositing, or causing to be deposited, any snow or ice on or against any fire hydrant or on any sidewalk or roadway, including the movement hent of snow across the street surface. Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION Y: SECOND BY: ALL IN FAVOR: THOSE OPPOSE: 1 ADOPTED the City Council f the City of Otsego this 28th day of January, 2013 ATTEST: Tam! Leff, City Clerk 2 CITY OF OTSEGO M Jessica Lr Strap, Magor