06-823Council File # �6 —��
Green Sheet # 3 03oZ. 3 3 Z�
ORDINANCE
SAlNT PAUL, MINNESOTA
Presented by
d�}
2 An ordinance amending Chapter 134 of the Legislauve Code pertaining to projections and
3 encroachment permits for use of the public right-of-way, to eliminate the requirement
a that the permits shall be filed in the Office of the Ramsey County Recorder.
6 THE COUNCIL OF THE CTI'Y OF SAINT PAUL DOES ORDAIN:
8 Section 1
io That Section 134.04 of the Saint Paul L,egislauve Code be and is hereby amended to read as
11 follows:
t2
13 Sec. 134.04. Public worizs director to issue permit
14
15 The director is authorized to grant permission to owners of abutting property to construct and
1e maintain a projection or encroachment subject to the following conditions, restrictions and payment
17 of fees set forth in this chapter. ^ ^°�*'fi°,� ^ ^F *"° ^ .,,,;* °,,^" h° F;'°a ;� *,.° ^ff;^° ^f *,,�
18
19
20
21
22
23
. .
Section 2
This Ordinance shall take effea and be in force thirty (30) days from and after its passage,
approval and publication.
�
� 1 ` 1r
Yeas Na s Absent
B enanav
Bostrom �/
Hatris r
Helgen �
Lantry ,i
Montgomery y
Thune ,/
�
Adopted by Council: Date � �ODG
Adopfion Ceatified b� Council Secretazy
B � ,'
Approv b yo Date f0—�-
By:
Requested by:
of Public Works
i �
� !I � �i✓
�`l,+��i ���
;p :l•
Form Ap�rg�le, by ayo f r Sub 'ssion to Council
iL�
By: U�
� Green Sheet Green Sheef Green Sheet Green Sheet Green Sheet Green Sheet �
�� � ��_3
p\11/ — Publicworks
Contact Person & Phane:
Bruce Engelb2lct
266-8854
Must Be on Council Agenda 6y (Date):
06SEP-06
Doc.Type; ORDINANCE
E-DocumentRequiretl: Y
DocumentCOntact: Bn,ceEngelbrekt
ContaM Phone: 26E8854
Dffie Initiated:
24-AUG96
�
Assign
Number
For
Routing
Order
7otal # of Signature Pages _(Cpp All Lowtions for Signature)
Green Sheet NO: 3032330
Deoartnent
2 ttornev Lisa V�th
3 avor's Office _ Mavor/ASSistant
4 uncil
5 ' - Cle - �1 eri:
ApprovaJ of ordinance amendment to Secfion 134.04 of the Saint Paul Legislative Code to eluninate the requirement for filing
encroachment permits with Ramsey County.
idaGons: Apprae (A) w R
Planning Commission
CIB Committee
Ciul Ser.ice Commissior.
1. Has this persoNfirtn e�er worked under a contract for this department?
Yes No
2. Has this persoNSrtn e�er been a city employee?
Yes No
3. Dces this personlflRn possess a skili not nortnally pc�ssessed by any
currani city employee?
Yes No
Explain alI yes answers on separate sheet and attach to green sheet
Initiating Problem, tssues, Opportunity (YVho, What, When, Where, Why):
Legi;lative Code Ch. 134, Projecfions and Encroachments, requires that a certified copy of encroachment pemuts be filed with the
Ramsey County Recorder. This requirement has caused problems for city staff as the County often has refused to record the
documents, especially as they affect Tonens property. The City Attomey has informed staff that encroachment pemrits do not convey
a propercy interesf and fherefore Iegally should not be recorded against privace property. Ciry Attorney has recommended removal of
the recording requirement from the ordinance.
AdvanWges If qpproved:
A unworkable requ'sement can be removed from city ordinances,
Oisadvantages IfApprovetl:
None
, i .
� � �
Disadvanpges If Not Approved:
City ordinances will include a requirement to record documenu that wiIl not be accepted by Ramsey County and aze not recordable per
advice of city attomeys.
--~ Transacfron: �
Fundinq Source:
Financial lnformation:
(Explain)
CosURevenue Budgeted:
ActiviN Number.
August 24, 2006 4:53 PM Page i
D�� ���
SUMMARX OF RECONiMENDATIONS
Public Works Department
Amendment to Encroachment Pernut Ordinance
Report Prepared August 25, 2006
Public Hearing on Ordinance Proposed September 20, 200fi
INITTATING ACTIOI�
Legislative Code Chapter 134, Projections and Encroachments, has as its stated purpose, "to allow use of
the public right-of -way by adjacent property owners for purposes that cannot be reasonably satisfied on
private property", and where the area of encroachment or projection cumot be vacated under Chapter 130.
Secuon 134.04 has a requirement that a certified copy of the permit be filed with the County Recorder.
This requirement has caused pzoblems for city staff, especialiy when deating with Torrens property.
The City Attorney has informed staff that, while easements convey a property interest and must be
recarded, encroachment and projection permits do nat convey a property interest.
RECOMMENDATION
The City Attorney thus has advised that the ordinance be amended to remove the filing requirement. Staff
recommends the ordinance be amended as such.
COSTS AND FUNDING
There is no financiai impact to the City as a result of this ordinance amendment. The City wi1l no longer
charge a fee to peutioners for filing encraachment permits because filing will be discontinued.
CONTACT FOR ADDITIONAL INFORMATION:
Colleen Paavola, PW/Technical Services — Maps & Records (266-6104}
Bruce En�elbrekt, PW/Technicat Services — City Real Estate (266-8854)
G.Uieal AsGEelEs:roachrzgnt Petrtuu�Encroachm.vt O�duunce.Staff Repo2doc