HomeMy WebLinkAboutA001 - Council Action Form dated March 27, 2007 390,O
ITEM # S�
DATE 03/27/07
COUNCIL ACTION FORM
SUBJECT: AMENDMENT TO MUNICIPAL CODE SECTION 22.3 REGARDING
INSURANCE REQUIREMENTS FOR AN ENCROACHMENT PERMIT
BACKGROUND:
An encroachment permit allows a structure to extend into the limits of a City street, alley, or
sidewalk. Municipal Code Section 22.3 sets out the requirements for encroachment permits. It
specifically requires an insurance certificate, which helps protect the City from financial risk.
Iowa State University, like many state agencies, is self-insured and thus cannot provide an
insurance certificate. These agencies would provide a letter confirming their self-insurance.
The following code amendment would allow City Council to approve encroachment permits for
self-insured state agencies by adding the following at the end of the paragraph 22.3(3)(a):
The Council may waive the requirement of an insurance certificate as described herein if
the applicant is an agency of the State of Iowa.
Section 22.3(4) would also be amended by following insertion:
Upon approval of an application for an encroachment permit by the city council or city
traffic engineer, the city clerk shall, upon receipt of the Certificate of Insurance, unless
waived as provided in this section, . . .
ALTERNATIVES:
1. The City Council can approve on first reading amendments to Municipal Code
Section 22.3 to allow the City Council to waive the insurance certificate requirement
for encroachment permits for agencies of the State of Iowa.
2. The City Council can deny the amendments Municipal Code Section 22.3 to allow
the City Council to waive the insurance certificate requirement for encroachment
permits for agencies of the State of Iowa.
3. The City Council can direct staff to make changes to the proposed Municipal Code
amendment and hold another public hearing.
MANAGER'S RECOMMENDED ACTION:
The proposed amendments to the Municipal Code sections for encroachment permits
maintains the City Council's ability to determine when an encroachment is in the public
interest, while still protecting the City from financial risk. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No.
1, thereby approving on first reading amendments to Municipal Code Section 22.3
to allow the City Council to waive the insurance certificate requirement for
encroachment permits for agencies of the State of Iowa.