07-28-2025 - Agenda Packet City Council - regular meeting

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§ 3.04.080 ORONO CODE (b) Construction, reconstruction and repair specifications. All construction, reconstruction or repair of public sidewalks shall be done in strict accordance with specifications on file in the city offices. (Code 1984, § 6.16; Code 2003, § 18-7; Ord. No. 296(3rd series), § 1(18-8), 2-26-2024) Sec. 3.04.090. Encroachment in public easements. Placement of any structure in public rights -of - way or on city property must comply with chapter 6.12. Placement of structures that have a founda- tion is prohibited in a public easement, unless the structure is exempted under chapter 6.12. The erection or placement of a structure without a foundation in a public easement requires an encroachment agreement application together with council approval. The application shall include a written request for the encroachment, a description of the proposed structure or obstruc- tion, a plan, drawing, or sketch that shows the proposed structure of obstruction, as well as the location of the easements affected, and payment of an application fee as specified in the city fee schedule. Applications shall be submitted to the city engineer. Upon receipt of a completed applica- tion, the city engineer will review the application and will consider factors such as the type and use of the existing easements, as well as the type and use of the proposed structure or obstruction, when making a decision to recommend approval or denial of the requested encroachment. If an approval recommendation is made, the applicant will be required to sign an encroachment agree- ment, prepared by the city, before the city engineer's recommendation is forwarded to the council for consideration. If the encroachment agreement is approved by the council, the encroachment agreement will be executed and recorded against the subject property of record. (Ord. No. 296(3rd series), § 1(18-9), 2-26-2024) Sec. 3.04.100. Public right-of-way vaca- tion. (a) Reservation of right. If the city vacates a public right-of-way which contains the equip- ment or facilities of a public right-of-way user and the vacation does not require the relocation of the equipment or facilities, the city shall reserve, to and for itself and the public right-of- way user, the right to install, maintain and operate any equipment and facilities in the vacated public right-of-way and to enter upon such public right-of-way at any time for the purpose of reconstruction, inspecting, maintain- ing or repairing the same, in accordance with Minn. R. 7819.3200. (b) Relocation of facilities. If the vacation requires the relocation of the public right-of-way user's equipment or facility, and the vacation proceedings are initiated by the public right-of- way user or the city for a public project, the public right-of-way user shall pay the relocation costs. If the vacation proceedings are initiated by a person other than the public right-of-way user or the city, the initiating person shall pay the relocation costs. (c) Administration; vacation of right-of-way and easements. The city council may vacate the easement by resolution on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, easement, or part thereof to be vacated. (1) Procedure. A request for vacation of a right-of-way or easement shall be filed in writing with the city. In the case of a request for vacation of a right-of-way or easement, the written request shall be signed by a majority of the landowners directly abutting such right-of-way or easement. (2) Filing. A written request to vacate a right-of-way or an easement shall be accompanied by the following: a. Information, both written and graphic, that describe the reason for, and location of, the proposed vacation; b. A fee as set forth in the fee schedule; C. For requests involving the vacation of right-of-way, the applicant shall submit the addresses of all proper- ties directly abutting the right-of- way to be vacated; and CD3:8