HomeMy WebLinkAbout3.d. Snow Removal ComplaintsCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: February 4, 1992
AGENDA ITEM:
Snow Removal Complaint
AGENDA SECTION:
Department Head Report
PREPARED BY:
Ron Wasmund
Official
AGENDtffM # 3p
tt
Public Works
Director/Building
ATTACMdENTS:
Letters of Complaint
APP R D :
Public Works
Directors Written Response
Council has received a letter of complaint and a request from the
complainant to appear before the Council regarding his complaint. He
has been acknowledged and scheduled to appear before you on February
4, 1992.
In an attempt to resolve the matter I have responded to the
complainant's letter in written form. I have attached copies of both
his letter and my response.
Both Steve Jilk and myself have spoken with the complainants spouse
and have obviously not satisfied their questions.
The conditions the complainant is referring to are no greater nor any
less than what exists anywhere in our City and neighboring
communities. The County Engineer and one County Commissioner have
complimented our crew on the snowplowing quality.
Also attached are letters of complaint the City received this week
from residents who indicated they would be at the February 4, 1992
meeting.
I will be available to address any questions you have.
RECOMMENDED ACTION: None
COUNCIL ACTION:
1
SALVATORE A. GAROFALO
3960 137th ST W
ROSEMOUNT, MN. 55068
423-4068
ROSEMOUNT CITY COUNCIL
ROSEMOUNT, MN. 55068
Council Members:
I would like to address the subject of snow removal in the
City of Rosemount, specifically Country Hills subdivision.
This subdivision was built with the approval of the City
of Rosemount and according to your building codes. Yet, each
time my street is plowed I have to dig out my mail box to
receive my mail. The problem seems to be the snowplow drivers
do not go any closer than 4 feet to the curb. This results
in all of the snow and ice from the middle of the street
towards my property to piles 4-5 feet high and 5-6 feet
out from the curb. I have had to stop mail delivery until
I was able to remove this very heavy snow and ice. (Mostly
ice)
The second issue is the driveway. I am responsible to maintain
my properties safety. Everytime I clean my snow along comes
your snowplow drivers and once again place 3-4 feet of snow,
5-6 feet out across the access to my property. Why can't
you be conciencious enough to clean up your mess. If I throw
a shovel full of snow in the street I may be fines, however ,
if you place a barrier with your 10 ton machine, I must
clean up your mess.
The third issue is the sidewalks. I have made several calls
beginning on December 23rd, to get the sidewalk accross
from my home cleared. I have been told it would be taken
care of and it is still untouched causing pedestrians to
continue to walk in the street causing a safety hazard.
I would appreciate the opportunity to speak to the City Council
regarding this matter. I know there is a better and cost
elf,ective way to handle this situation, not only for the
Country Hills, but for the entire community.
SALVATORE A. GA�OFALO
January 13, 1992
RECEIVED
JAN 219 1992
3898 154th street West
CLERK'S OFFICE Rosemount, MN 55068
CITY OFROSEMOUNT Wed. Jan. 29, 1992
City Council
Rosemount City Hall
2875 West 145th Street
Rosemount, MN 55068
Dear Council Members,
On Saturday January 25, 1992, snow fell in the Rosemount area. The
end of my driveway was covered with more snow than most of my neighbors
when the plow went by. On Monday January 27, the plow came by again to
"wing back" the snow on the streets. I arrived home from work to find
snow, three feet deep, at the end of my driveway. Most of my neighbors
only had three inches of snow from the plow at the end of their drive-
ways. Most of them did not bother to shovel. I had to, unless I
wanted to park in the street.
This is not a one time occurrence. It has happened almost every
time the plow has come through this winter. Why? Because I live on
the corner of 154th Street West and Columbia Way. The plow blade comes
three feet into my yard and all this is then dropped into my driveway.
I realize people need to see at the intersection, however, this plowing
poses problems for me as I live alone and do not have a snow blower.
plus, I suffer from lower back problems. I had to go to my doctor on
Tuesday January 28 from the pain I was suffering from shoveling the
three feet of snow on the 27th.
One of the other, and there have been many, times that the plow
came through was to scrape up the three inches of ice on the street.
There again I had to shovel my driveway. But the chunks of ice were so
big and clumsy that I had to pick them up and throw them into a pile.
I can not afford to hire a service to clean out my driveway every time
the plow comes through. And I do not believe I should have to. Nor
can I afford the doctor bills after every plowing. Is there nothing
that can be done? ror instance, couldn't the snow be plowed around the
side street where I so would not have to do so much shoveling?
One other comment I would like to make is why is my corner winged
back so well? 154th Street West comes to a dead end cul-de-sac right
after the intersection with .Columbia Way and the streets do not have
that much traffic. One corner that needs work is 155th Street West
when turning onto Chippendale. I have had two near accidents there
because of high snow banks.
Sincerely,
Xz�)
Mary Jo Robbins
Michael G. Ryan
RECEIVED
3726 148th Street West
Rosemount, Minnesota 55068 JAN 2 9 1992
CLERK'S OFFICE
January 28, 1992 CITY OF ROSEMOUNT
Rosemount City Council
Rosemount City Hall
2875 West 145th Street
Rosemount, Minnesota 55068
Dear Council Members:
This letter was prompted by a phone conversation today with
Mr. Mike Widstrom in regards to city snow plowing.
I live on the southeast corner of 148th Street and Cimmaron Ave-
nue, when the city plow operator clears the cul-de-sac and corner
he pushes all the snow into my yard and driveway. I understand
he does this to eliminate the high pile at the corner so the drivers
can see other traffic. This creates a great problem for me, I
too work his shift, so after plowing for 12 hours for MN DOT I
must come home and shovel my driveway with a windrow at the end
at least 3 to 4 times the height and depth of any other on the
block.
Previous years this has not been a problem as I have owned snow
removal equipment of my own, so after plowing I would stop home
with a loader and remove,:the snow; but this year I sold the
business. This year we have had very few snow falls, the Halloween
Day storm I hired a bobcat to come clear it, Thanksgiving Day I
used my snow blower and the one foot diameter ice balls that were
buried in the windrow ripped the auger off the blower. Now I'm
forced to shovel the snow by hand, what God puts their I can handle,
but what the city puts their is impossible to keep up with.
It's obvious that after dumping the extra snow in my drive he should
clow the end of the driveway open. I'm sure that would appear
unfair to the rest of the residents, but what he does now certainly
is not fair to me.
Please get this resolved at your next board meeting and send me
a determination as to what you intend to do about this matter.
Sincerely,
Michael G. yan
423-3361
�ity of (Rosemount
PHONE (612) 4231411 2875 - 145th Street West, Rosemount, Minns30ta MAYOR
FAX .(812) 4235203 Mailing Address:
Edward S. McMenomy
P.O. Box 510, Rosemount, Minnesota 550680510 GOUNOILMEMBERS
January 28, 1992 SheftKissm
.tames (Red) slants
Harry Wflk*x
Dennis Wippemtarm
ADMINISTRATOR
Mr. Salvatore Garofalo Stephan ail
3960 137th Street West
Rosemount, MN 55068
Dear Mr. Garofalo:
I have received a copy of your letter to the City Council dated
January 13, 1992. I would like to respond to your questions of
snow removal.
The City is responsible for keeping its streets clean, safe and
free from ice and snow as is reasonably practical. After a snow
fall of 2 or more inches our Maintenance Crews plow all streets
pushing the snow out from the center of the street to the curb line
and boulevard on each side. The amount of accumulation and
frequency of snow falls impact the ability to clear streets to
their full width. In all cases, we plow the streets as wide as
possible. This year's back to back snows in October and November
created hardships and limited our abilities. Not only was the snow
deep, but it was also very heavy and wet in consistency making it
very difficult to move. We were fully prepared and ready for the
first snow inOctoberbut because of the unusual conditions, it
took exactly twice as long to plow all streets as it does under
normal snowfall conditions. The twenty-seven inches of snow in
that snowfall alone did result in piles along the sides of streets
approximately four feet high and approximately three feet out in
front of the curb. These conditions existed in any city in the
Metro area. I personally visited four other cities and witnessed
them. Those cities were Bloomington, St. Paul, Golden Valley and
Eagan.
We realize that large snowfalls create inconveniences for all
property owners as it affects driveways and curbside mailboxes.
The same amount of snow that gets piled along the curb also gets
piled along the ends of driveways and around mailboxes. It is not
practical or even possible to have City crews clean out each
driveway. First, there is a time and cost factor to deal with.
The snow removal budget would have to be greatly increased which
affects taxes. Secondly, there is a liability issue. Since
property owners are responsible for their lawns and landscaping the
City would end up defending or repairing damage caused by
equipment. The same applies for the driveways themselves. They
are not constructed to bear the weight of our snow removal
Sverylkings (90ming UP (osemounly
LI N YCIM OiM'
equipment. This also would add to the budget and cause inequitable
increases in property taxes.
The third and final question of your letter relates to sidewalks,
particularly the one on the north side of 137th Street across from
your home. From your previous phone calls and mailed information
we've provided, you should be aware of our policy. Sidewalks are
the responsibility of the adjacent property owners. After a
snowfall those owners are required to remove the ice and snow. The
characteristics of the first snows this season again created
difficulties in getting walks cleaned down to bare surfaces. In
high pedestrian traffic areas or along streets with high vehicular
traffic the City has issued written orders for compliance In
other less traveled areas, such as your street, the City has made
contact via telephone and asked the owners to clean the walks. In
most cases this is effective and cost efficient.
In this situation the property owner, U. S. Homes, has made
attempts to clear the walk. Even with relatively small amounts of
ice on the walk some people will walk in a less traveled street
that is clear of ice and snow.
We apologize for the inconvenience you feel. There is no malicious
intent to create hardships for individuals.
The City has very qualified equipment operators some of which have
been plowing snow for the City for over 15 years. We use proven
equipment and practices that are employed throughout the State and
Midwest.
Sincerely,
Ron Wasmund
Public Works Director/Building Official
4-4-1
CHAPTER 4
4-SN01N REMOVAL"ONzt;lbtVNALKS
4-4-2-1
4-4-2: NOTICE If the snow and ice are not removed as required in
`..1 Section 4-4-1, the City may serve upon the owner or
occupant a notice ordering removal of the snow and ice within twenty four
(24) hours.
4-4-2-1: SERVICE OF NOTICE: Service of notice may be accomplished
by personal service upon the owner or occupant, or by leaving
such notice with a person of suitable age and discretion on the
premises.
785
SECTION:
4-4-1:
Snow Removal
4-4-1-1:
Violation
4-4-2:
Notice
4-4-2-1:
Service of Notice
4-4-3:
Nuisance
4-4-3-1:
Assessment of Costs
.4-4-4:
Penalty
7
4-4-1::
SNOW REMOVAL: Removal of snow and ice from concrete
sidewalks in the City shall be the responsibility of the abutting
-property owners,
or occupants. Snow and ice shall be removed within twenty
four (24) hours after the snow or ice has accumulated.
4-4-1-1:
VIOLATION: It shall be unlawful for any person to deposit snow
from private property upon any public street or public right of way
within the City.
4-4-2: NOTICE If the snow and ice are not removed as required in
`..1 Section 4-4-1, the City may serve upon the owner or
occupant a notice ordering removal of the snow and ice within twenty four
(24) hours.
4-4-2-1: SERVICE OF NOTICE: Service of notice may be accomplished
by personal service upon the owner or occupant, or by leaving
such notice with a person of suitable age and discretion on the
premises.
785
4-4-3 4-4-4
4-4-3: NUISANCE: Snow and ice which is allowed to remain on a con-
crete sidewalk within the City for a longer period of time than
twenty four (24) hours after the same falls, gathers or accumulates is hereby
declared to be a nuisance, and the City may remove the snow and ice and
charge the cost .of the removal against the abutting property.
4-4-3-1: ASSESSMENT OF COSTS: Following such snow and ice removal,
the cost of removal shall be calculated. In accordance with
Minnesota Statutes §429.101, the City Council shall assess the cost against
the abutting property owner.
4-4-4: PENALTY: Any person who violates Section 4-4-1-1 shall be
guilty of a misdemeanor. (Ord. 4, 12-4-84)
8-1-1
'~ CHAPTER 1
TRAFFIC CODE
SECTION:
8-1-1: State Law Adopted
8-1-2: Unreasonable Acceleration of Motor Vehicle
8-1-3: Penalty
8-1-3
8-1-1: STATE LAW ADOPTED: The regulatory provisions of
Minnesota Statutes, chapter 169 as amended, are hereby
adopted as the Traffic Code regulating the use of highways, streets and alleys
within the City and are incorporated in and made a part of this Chapter as
completely as if set out here in full. (Ord. XI1.1, 9-28-72)
8-1--2: UNREASONABLE ACCELERATION OF MOTOR
VEHICLE: No person shall start or accelerate a motor vehicle
with an unnecessary exhibition of speed on any public or private way within the
City limits. Prima facie evidence of such unnecessary exhibition of speed shall
be unreasonable squealing or screeching sounds emitted by tires, or the
throwing of sand, gravel or rocks by the tires, or fishtailing by the vehicle. 0983
Code)
8-1-3: PENALTY; Any violation of the Statute adopted by reference
herein is a violation of this Chapter when it occurs within the City.
Any person thus violating any provision of this Chapter shall be guilty of a
misdemeanor and shall be punished by a fine of not to exceed five hundred
dollars ($500.00) or by imprisonment in the City or County jail for a period of not
to exceed ninety (90) days, or both. If a minimum fine or imprisonment is
prescribed by the State Highway Traffic Act for an offense, such penalty shall
apply to a person convicted of the same offense under this Chapter. (Ord.
XII -1, 9-28-72; amd. 1983 Code)
388
B-2-1
CHAPTER 2
DRIVING AND PARKING REGULATIONS
SECTION:
8--2-1: Definitions
8-2-2: Parking Provisions
8-2-3: Towing and Storage of Illegally Parked Vehicles
8-2-4: Driving Near Fires Restricted
8-2-1
8-2--1: DEFINITIONS: For the purpose of this Chapter, certain words
and phrases are defined as follows:
JUNKED VEHICLE Any vehicle, as defined in this Section, which does
not have lawfully affixed or attached thereto an u
unexpired state registration or license plate or plates,
or the condition of which is wrecked, dismantled,
partially dismantled, inoperative, abandoned or
discarded.
OPERATOR Includes every individual who shall operate a vehicle
as the owner thereof, or as the agent, employee,
or permittee of the owner or any individual who is
in actual physical control of a vehicle.
PARKING The standing of a vehicle, whether occupied or not,
upon a street, otherwise than temporarily for the
purpose of, and while actually engaged in, receiving
or discharging passengers or loading or unloading
merchandise, or in obedience to traffic regulations,
signs or signals or an involuntary stopping of the
vehicle by reason of causes beyond the control of
the operator of the vehicle.
PASSENGER VEHICLE A vehicle which meets the criteria for "passenger"
class registration and license plate as established
by the Minnesota Department of Public Safety, and
licensed motorcycles.
8-2-1
8-2-2
} PRIVATE PROPERTY
I
Any real property within the City which is privately
owned and which is not public property as defined
in this Section.
PUBLIC PROPERTY
Any street or highway and includes the entire width
between the boundary lines of every way publicly
: j!:
7 wi
maintained for the purposes of vehicular travel, and
shall also mean any other publicly owned property
or facility.
RECREATION
VEHICLE
A vehicle which meets the criteria for "recreation"
class registration and license plate as established
by the Minnesota
Department of Public Safety.
RESIDENTIAL
ZONING DISTRICT
Residential zoning districts mean zoning districts
R-1, RR and RM.
SEMITRAILER-
Any vehicle of the trailer type so designed and used
in conjunction with truck -tractor that a considerable
part of its own weight or that of its load rests upon
and is carried by the truck -tractor and includes a
trailer drawn by a truck -tractor semitrailer
combination.
STREET
Any public street, avenue, road, alley or highway
located in the City and established for the use of
vehicles. -
TRUCK
Any vehicle designed and used for carrying things
other than passengers, except pickup trucks and
vans included within the definition of passenger
automobile.
TRUCK -TRACTOR
Any vehicle designed or used for drawing other
vehicles and not constructed to carry a load other
than a part of the weight of the vehicle and load
drawn.
VEHICLE
Any device which is self-propelled or designed to
be pushed or pulled and shall include, but not be
limited to, automobiles, buses, motorbikes,
motorcycles, motor scooters, trucks, tractors, go-
carts, golf carts, campers, trailers, boats, planes and
gliders.
8-2-2: PARKING PROVISIONS:
A. Parking Designated By Council: The City Council is authorized to
designate parking and restrict the length of time parking shall be permitted
at any place within the City. In establishing or changing parking zones
J�
388
B-2-2
8-2-2
A) or parking restrictions, the Council shall pass a resolution at a meeting
adequately describing and defining said parking zones or parking
restrictions. The Chief of Pace is authorized to erect signs prohibiting
or limiting parking at locations he deems appropriate.
B. Parking Generally: No owner of a vehicle shall leave, park or permit the
same to stand on any City street or alley for more than twenty four (24)
hours.
C. Parking After Snowfall: No owner of a motor vehicle shall leave, park
or permit the same to stand on any street or alley for a period longer
than four (4) hours after a snowfall of two inches (2") or more in depth
or of such amount which necessitates the plowing and clearing of City
streets and alleys of snow by the City, until such time that the streets
or alleys in question are actually plowed and cleared of snow.
D. Parking Near Fires: No person except Fire Department members shall
park a car within three hundred feet (300') of a fire.
E. Violating Parking Signs: No person shall park a vehicle in such a manner
or location as to disobey or violate a parking sign which was posted by
the City. The registered owner of a vehicle shall be deemed responsible
for the parking of a vehicle under this subsection, along with the person
who actually parks the vehicle.
F. Storing or Parking Junked Vehicle Prohibited: It is unlawful for any person
to park, store or leave any junked vehicle, whether attended or not, upon
any public or private property within the City, or for any person, as an
owner of or an occupant having control of private property within the
City to permit the parking, storing or leaving of any junked vehicle upon
such private property, unless such junked vehicle is within an enclosed
building or structure lawfully situated upon private property or is so
parked, stored or left upon private property lawfully zoned and operated
as a junk yard.
G. Unauthorized Parking of Vehicles: Unauthorized parking of vehicles or
display of vehicles for sale shall not be permitted on public property or
publicly zoned property.
H. Residential Streets: No trucks, truck -tractor or semitrailer combination
are permitted to be parked on public streets in residential zoning districts,
except to load or unload or do repair to streets or property.
I . Residential Neighborhoods: No truck -tractor or .semitrailer combination
are permitted to be parked on private property in residential zoning
districts, except if parked in a fully enclosed authorized structure.
J. Public Nuisance Declared: The presence of a junked vehicle upon private
or public property within the City, except as permitted by the provisions
of paragraph F of this Section, or the violation of any of the provisions
of this Chapter, is hereby declared to be a hazard to the public health
and safety and a public nuisance which may be abated by the City as
such.
1. See Section 8-2-4 of this Code.
8-2-2
8-2-3
_ 8-2-2: PARKING PROVISIONS:
A. Parking Designated By Council: The City Council is authorized to
designate parking and restrict the length of time parking shall be
at any place within the City. In establishingor changing ng zones
or parking restrictions, the Council shall pas a resolution tion at parking
ng
adequatelydescribing and definingsaid
parking zones or parking
restrictions. The Chief of Police is authorized to erect signs prohibiting
or limiting parking at locations he deems appropriate. (Ord. X11.4, 2-1-72;
amd. 1983 Code)
B. Parking Generally: No owner of a vehicle shall leave, park or permit the
same to stand on any City street or alley for more than twenty four (24)
hours. (Ord. X11.10, 7-7-87)
C. Parking After Snowfall: No owner of a motor vehicle shall leave, park
or permit the same to stand on any street or alley for a period longer
than four (4) hours after a snowfall of two inches (2") or more in depth
or of such amount which necessitates the plowing and clearing of City
streets and alleys of snow by the City, until such time that the streets
or alleys in question are actually plowed and cleared of snow.
D. Parking Near Fires: No person except Fire Department members shall
park a car within three hundred feet (300') of a fire.'
E. Violating Parking Signs: No person shall park a vehicle in such a manner
or location as to disobey or violate a parking sign which was posted by
the City. The registered owner of a vehicle shall be deemed responsible
for the parking of a vehicle under this subsection, along with the person
who actually parks the vehicle. (Ord. XIl.4, 2-1-72; amd. 1983 Code)
8-2-3: TOWING AND STORAGE OF ILLEGALLY PARKED
VEHICLES:
A. Removal and Storage: Members of the Police Department are hereby
authorized and empowered to have removed any vehicle on any street
or alley in violation of Section 8 — 2 — 2 or stalled thereon and to have
such vehicle placed in a garage or outdoor area by any person engaged
in the general garage or filling station business.
.� B . Redemption, Charge: Such uch vehicle shall not be removed therefrom until
reasonable costs of storing and towing the same have been fully paid.
The police shall have the further authority to direct employees of the
City to remove any such vehicle and to that event the Police Chief may
impose a charge to be paid to the City Clerk before the said vehicle may
be taken or recovered by the owner thereof.
C. Lien Provided: In the event that any vehicle held or stored by the direction
of the Chief of Police upon which there are charges for storage
1. See Section 8-2-4 of this Code.
987
8-2-5
8-2-3
the
C) or towing or both, shall not
eemed t be imposedrecovered
upon such vehicle a
owner thereof, there shall be d
possessory lien in the amount so charged and unpaid andshould
u Ythbee
owner thereof fail to pay the same, the the possessory
foreclosed in the manner provided for by law.
8_2_4: DRIVING NEAR
hundredFIRES
feet 13001 of�e apparaED: No tus going to a fireerson shall ;
within three . apparatus or fire officers' cars
immediately, upon the approach of any fire app
sounding proper signals and responding to an alarm, all other vehicles
shall
draw as near as possible to the curb and remain standing until such app
aratus
or vehicle shall have passed.' (Ord. X11.4, 2-1-72)
of
8_2.5: PENALTY: Any person
conviction, l'bey of the punished by �anfine toot
his
Chapter shall, upon
exceeding five hundred dollars ($500.00) or by imprisonment for a period not
exceeding ninety (90) days. (Ord. X11.4, 2-1-72; amd. 1983 Code)
1. See Section 8-2-2D of this Chapter.
987
8-2-3
T
8-2-3: TOWING AND STORAGE OF ILLEGALLY PARKED
VEHICLES:
A. Removal and Storage: Members of the Police Department are hereby
authorized and empowered to have removed any vehicle on any street
or alley in violation of Section 8 — 2 — 2 or stalled thereon and to have
such vehicle placed in a garage or outdoor area by any person engaged
in the general garage or filling station business.
B. Redemption, Charge: Such vehicle shall not be removed therefrom until
reasonable costs of storing and towing the same have been fully paid.
The police shall have the further authority to direct employees of the
City to remove any such vehicle and to that event the Police Chief
may
impose a charge to be paid to the City Clerk before the said vehicle may
be taken or recovered by the owner thereof.
C. Lien Provided: In the event that any vehicle held or stored by the direction
of the Chief of Police upon which there are charges for storage
or towing
or both, shall not be reclaimed, recovered or taken by the owner thereof,
there shall be deemed to be imposed upon
such vehicle a possessory
lien in the amount so charged and unpaid and should the owner thereof
fail to the same,
pay the possessory lien may be foreclosed in the manner
provided for by law.
8-2-4: DRIVING NEAR FIRES RESTRICTED: No person shall come
il
f�, within three hundred feet (300') of fire apparatus going to a fire;
��� immediately upon the approach of any fire apparatus or fire officers' cars
sounding proper signals and responding to an alarm, all other vehicles shall draw
as near as possible to the curb and remain standing until such apparatus or
vehicle shall have passed.' (Ord. X11.11, 11-3-87)
1. See Section 8-2--2D of this Chapter.
388