HomeMy WebLinkAbout01-22-2024 CC Agenda Packet - work sessionAgenda
City Council Work Session
Monday, January 22, 2024, 5:00 PM
City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 /https://www.oronomn.gov/
1. Recodification - Streets, Utilities, and Parks
Roll Call
Work Session Item
Adjournment
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1
Item No.: 1 Date: January 22, 2024
Presenter: Adam Edwards
Presenter: City Administrator / Engineer
Section:Work Session Item
Title: Recodification - Streets, Utilities, and Parks
1.Purpose:
The purpose of this item is to review the draft changes proposed for Title III, Chapter 18 Streets
and Parks as part of the recodification efforts.
2.Background:
Recodification is a process that includes a full legal and thorough review of the City’s municipal
code that helps ensure that provisions are comprehensive, lawful and enforceable. In addition, it is
recommended that a legal review be conducted every 10-15 years for municipal codes to address
the needs of the City's stakeholders. The City Code was last republished in 2003. In 2022 the city
initiated a project to recodify the City Code. Municode, the city’s code publication vendor,
completed an initial chapter by chapter review. Orono staff took that review and has over the past
18 months have been reviewing chapter by chapter of the city code for updates. Staff reviews
were then followed by review by the City Attorney.
3.Summary:
The following summarizes the proposed updates. The complete list of changes is at Exhibit A.
Section Updates / Proposed Changes
18-1
Definitions
- Moved some driveway definitions to Section 78.
- Added a series of definitions that are pertinent to the section.
18-2
Obstruction - Simplified Language
18-3
Visibility
Triangle
Added this section. transportation safety best practice. Included figure.
18-6
Roadway
Tampering
Renamed.
18-9
Encroachment
in Public
Easements
Added section to reflect the city process.
8-10 Public
ROW
vacation
Added section to reflect best practice.
18-77 to 80 Removed. Duplicated in Article IV
18-106 to 111 Removed. Duplicated in Article IV
AGENDA ITEM
2
18-136
Residential
Driveway
Connections
Removed sections that are best covered in the Land Use sections of the code.
Added visibility requirement for driveway connections following best practices.
18-137
Business
driveway
connections
Updates section to current best practices
removed sections that are best covered in the Land Use section of the code.
18-173 Permit
requirement Added curb cut connection right of way permit requirement.
18-238 Duty
of abutting
property
owners
Adjusted grass height requirement. Updated titles.
Added language to allow managed natural landscapes in accordance withe State
Statute 412.925
COUNCIL ACTION REQUESTED
Questions and discussion on proposed changes.
Exhibits
Exhibit A. Chapter 18 STREETS SIDEWALKS AND OTHER PUBLIC PLACES
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Title III - STREETS, PARKS AND OTHER PUBLIC PROPERTY
Chapter 18 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Orono, Minnesota, Code of Ordinances Created: 2022-07-19 16:12:33 [EST]
(Supp. No. 20, Update 2)
Page 1 of 29
Chapter 18 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
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ARTICLE I. IN GENERAL
Sec. 18-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Corner means the point of intersection of the extension of lines of two public or private curb faces or the
edges of the street pavement or shoulders.
Curb cut means the opening along a street curb line or pavement edge for the purpose of motor vehicle
ingress and egress from a roadway. Curb cut width shall include the width of the driveway approach and of the
curb returns, if any.
Curb return means that portion of a curb next to a driveway approach which includes the radius or curvature
or the ramp-type lug on commercial or industrial type pavements and which connects the driveway approach to
the public or private road curb.
Driveway means a paved or otherwise delineated area on private property for the operation of automobiles
and other vehicles.
Driveway approach means a paved or otherwise delineated area on the right-of-way between the roadway
of a public or private road and private property, intended to provide ingress and egress for vehicles from a private
or public road to private property. A driveway approach must provide access to a parking area, a driveway, a door
intended and used for the entrance of vehicles, or other similar structure or facility. Driveway approaches shall be
of two classes:
(1)Business driveway approach means a driveway approach from any public right-of-way providing motor
vehicles with ingress and egress from the public or private road to any property other than a single-
family dwelling.
(2)Resident driveway approach means a driveway approach from any public or private right-of-way
providing ingress and egress for motor vehicles from the public or private road to a single-family
residential dwelling.
Driveway turnaround means a paved or otherwise clearly delineated area which is part of or connected to a
driveway or driveway approach, on private property, sufficient in size for an automobile or other vehicle to turn
180 degrees without leaving the paved or delineated area.
1Cross reference(s)—Any ordinance dedicating, establishing, naming, locating, relocating, opening, paving,
widening, repairing or vacating any street saved from repeal, § 1-12(a)(11); any ordinance establishing the
grade of any street or sidewalk saved from repeal, § 1-12(a)(12); utilities, ch. 14; parks and recreation, ch. 22;
peddlers and solicitors, ch. 30; environment, ch. 58; traffic and vehicles, ch. 66; parades and special events, §
66-191 et seq.; planning commission, ch. 74; zoning regulations, ch. 78; subdivision regulations, ch. 82;
buildings and building regulations, ch. 86; manufactured homes and trailers, ch. 90; waterways, ch. 94.
State law reference(s)—General powers as to streets, Minn. Stat. § 412.221, subds. 6, 7, 18.
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Degradation means a decrease in the useful life of the right-of-way caused by excavation in
or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier
than would be required if the excavation or disturbance did not occur.
Encroachment Agreement means an agreement between the City and a property owner that
allows placement of an obstruction or structure in public right-of-way, as defined in this Section.
Excavate or Excavation means to dig into or in any way remove or physically disturb or
penetrate any public right-of-way paved or ground surface, or any portion thereof.
Facility or Facilities means anything tangible, including equipment, which is required to
provide utility services.
Frontage means the lot line abutting a public or private street.
Obstruct or Obstruction means to place or the placement of any object in a public right-of-
way, or to remove or the removal of an existing structure, or any portion thereof, from a public
right-of-way that interferes with the free use of the public right-of-way.
Parcel of land means a lot or contiguous lots or a tract officially registered under one ownership.
Patch or Patching means a method of roadway surface replacement or restoration that
consists of: (1) the compaction of the sub-base and aggregate base; and (2) the replacement, in
kind, of the existing roadway surface for a minimum of two feet beyond the edges of the defined
excavation in all directions.
Private road means the entire area dedicated to private use or contained in a plat, an easement or other
conveyance, grant or by adverse possession and includes but is not limited to roadways, boulevards, sidewalks,
trails and other property between lateral property lines in which a private roadway lies.
Public road means the entire area dedicated to public use, or contained in a plat, an easement or other
conveyance, grant or by adverse possession, to the city or other governmental body, and shall include but is not
limited to roadways, boulevards, sidewalks, trails, alleys and other public property between lateral property lines
in which a public roadway lies. Where traveled public roadways exist in a location not shown on the platting map,
the right-of-way shall not be less than ten feet wide on each side of the actual paved or traveled roadway surface.
Public Right-of-Way or Public Rights-of-Way means the surface, air space above the surface
and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail,
avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway,
dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or
under control of the City, or dedicated or otherwise conveyed to the City for general public use. No
reference herein to a "public right-of-way" shall be deemed to be a representation or guarantee by
the City that its interest or other right to control or use such property is sufficient to permit its use
for the purpose of installing, operating and maintaining utility service facilities
Utility Service means services provided by: (1) a public utility as defined in Minnesota
Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm
communications, water, sewer, electricity, light, heat, cooling energy, or power services including
wind generation; (3) a corporation organized for the purposes set forth in Minnesota Statutes; (4) a
district heating or cooling system; or (5) a cable communication system as defined in Minnesota
Statutes.
(Code 1984, § 6.01; Ord. No. 77 2nd series, § 1, 1-8-1990)
Cross reference(s)—Definitions generally, § 1-2.
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Sec. 18-2. Obstructions.
It is a misdemeanor for any person to place, deposit, display or offer for sale any obstructions upon any
street or private road without first having obtained a written permit from the city, and then only in compliance in
all respects with the terms and conditions of such permit, and taking precautionary measures for the protection of
the public. An electrical cord or device of any kind is included, but not by way of limitation, within the definition of
an obstruction. This shall not apply to the actions of any city, county, or state road authorities, their agents,
employees, contractors, and utilities in carrying out their duties imposed by law or contract.
(Code 1984, § 6.07(1))
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Sec 18-3.Visibility Triangle—Street/Roadway Intersections.
Except for a governmental agency for the purposes of screening or noise attenuation,
visibility at corner lots where two or more streets/roadways intersect shall be
unobstructed between a height of three and one-half feet and eight feet above grade (as
measured along the elevation of the lowest abutting segment of street/roadway), within a
triangular area described as beginning at a point where the projected curb lines (or
projected road bed lines including any shoulder in the absence of curbing) intersect,
thence 30 feet along one street/roadway, thence diagonally to a point 30 feet from the
point of beginning along the other street/roadway. The exception to the regulations in
this subsection shall be where there are plantings and/or other features within the
visibility triangle that do not result in obstructions totaling more than three feet in width.
Nothing in this subsection authorizes the use of public right-of-way for installation of
fencing, walls, plantings, or other features. The regulations contained in this Section
shall not apply to conditions that legally existed prior to the effective date of this Chapter
unless the City, or the County or State transportation department, determines that such
conditions constitute a traffic safety hazard.
Sec. 18-4. Fires.
It is a misdemeanor for any person to build or maintain a fire upon a street or private road.
(Code 1984, § 6.07(2))
Cross reference(s)—Fire prevention and protection, ch. 46.
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Sec. 18-5. Signs and other structures.
It is a misdemeanor for any person to place or maintain a sign, advertisement or other structure in any street
or the right-of-way of any city road.
(Code 1984, § 6.07(4))
Sec. 18-6. Placing snow or ice in a roadway.
It is a misdemeanor for any person, not acting under a specific contract with the city or without special
permission from the city, to remove snow or ice from private property and place it in the roadway of any street or
private road.
(Code 1984, § 6.07(5))
Sec. 18-7. Roadway tampering.
It is a misdemeanor for any person to deface, paint, mar, damage, or tamper with any structure, work,
material, equipment, tools, signs, markers, signals, paving, guardrails, drains or any other highway appurtenance
on or along any street, sidewalk or right-of-way, except as such work may be done by city employees acting within
the course or scope of their employment. This provision shall not apply to sidewalk maintenance and repair
activities under section 18-7, uniformly coloring concrete or other surfacing, or uniformly painted house numbers,
as such coloring may be approved by the city.
(Code 1984, § 6.12)
Sec. 18-8. Public sidewalk maintenance and repair.
(a)Primary responsibility.It is the primary responsibility of the owner of property upon which there is abutting
any public sidewalk to keep and maintain such sidewalk in safe and serviceable condition.
(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)
Sec. 18-8. Numbering of houses and buildings.
(a)Duty of owner or occupant.
(1)The owner or occupant of every occupied property and every house or other building shall place on
such building the proper street number as required by the building code.
(b)Assignment of numbers.The city shall assign numbers in accordance with the standard plan adopted by the
city and shall approve and assign all street names by action of the council.
(c)Unlawful act.It is a misdemeanor for any person to fail to comply with the provisions of subsection (a) of this
section or to post numbers other than the correct city-assigned numbers. If the property owner fails to
comply with the requirements of this section, the city may erect a sign adjacent to the street on which the
number is stated or affixed, and upon completion ascertain the cost and certify the cost to the county
auditor to be collected as any other special assessment.
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(Code 1984, § 6.40; Ord. No. 183 3rd series, § 1, 1-9-2017)
Cross reference(s)—Buildings and building regulations, ch. 86.
State law reference(s)—Authority to number buildings and lots, Minn. Stat. § 412.221, subd. 86.
18.9. Encroachment in Public Easements.
Placement of any structure in public rights-of-way or on City property must comply with Section
78 of the Zoning Ordinance. Placement of structures that have a foundation is prohibited in a
public easement, unless the structure is exempted under Section 78 of the Zoning Ordinance. 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(s), a description of the proposed structure or obstruction, a
plan, drawing, or sketch that shows the proposed structure of obstruction, as well as the location
of the easement(s) affected, and payment of an application fee as specified in Fee Schedule of the
City Code. Applications shall be submitted to the City Engineer. Upon receipt of a completed
application, the City Engineer will review the application and will consider factors such as the type
and use of the existing easement(s), 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 Agreement, 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.
18.10 Public Right of Way Vacation.
A. Reservation of Right.If the City vacates a public right-of-way which contains the equipment 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, maintaining or repairing the same, in accordance with Minnesota Rule 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 or persons other than the public right-of-way user
or the City, the initiating person or persons 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.
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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 properties directly abutting the right-of-way to be vacated; and
d. For requests involving the vacation of an easement, the applicant shall submit a legal
description of the area to be vacated.
3. Public Hearing Required.
a. Upon receipt of a complete vacation request, the City shall set a public hearing following proper
notification.
b. Notice of said hearing shall be published once in the official newspaper at least fourteen
calendar days prior to the hearing, and shall be mailed at least ten calendar days prior to the
hearing to all landowners of property directly abutting the area to be vacated and to all utility
companies serving the area. When platted streets are vacated, notice must be sent to all owners
or occupants of the land within the platted area. The notice will contain, at minimum, a copy of the
petition or proposed resolution as well as the time, place, and date of the hearing.
c. If a street is to be vacated and any part of it terminates at, abuts on, or is adjacent to any
public water, written notice will be served by certified mail upon the Commissioner of Natural
resources at least 60 days before the public hearing. The City will consult with the commissioner
at least 15 days prior to convening the public hearing to review the proposed vacation and will
document the consultation. The City will address the concerns raised in the commissioner’s
evaluation in its formal findings of fact granting or denying the vacation.
d. The City Staff shall prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation of the action to the Council.
4. Council Action.
a. The Council shall consider possible adverse effects of the requested vacation. In order to grant
a vacation, the Council must find that the vacation is in the interest of the public. A determination
that the vacation is in the interest of the public shall be based upon (but not limited to) the
following factors:
1. The proposed action has been considered in relation to the specific policies and provisions of
and has been found to be consistent with the City's Comprehensive Plan, including public facilities
and capital improvement plans.
2. The proposed action meets the purpose and intent of this Chapter.
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3. The proposed action has been considered in relation to the future needs of the City, utility
companies and surrounding property owners.
b. The Council and City staff shall have the authority to request additional information from the
applicant or to retain expert testimony with the consent and at the expense of the applicant, said
information to be declared necessary to establish performance conditions in relation to all pertinent
sections of this Chapter.
c. The applicant or a representative thereof may appear before the Council in order to present
information and answer questions concerning the proposed request.
d. Upon receiving the report and recommendation of the City staff, the Council shall conduct the
public hearing in a manner that allows members of the public a chance to speak and be heard.
e. The Council shall render its decision by adopting a resolution either granting or denying the
vacation. The resolution shall include the city’s reasons for granting or denying the vacation and
include detailed findings of fact. The staff recommendation shall be entered in and made part of
the permanent written record of the Council meeting.
f. When there has been a petition for vacation, approval of a right-of-way or easement vacation
shall require passage by a majority vote of the entire Council. When there has been no petition,
the resolution must be adopted by a vote of four-fifths of all members of the City Council.
g. Whenever an application for a right-of-way or easement vacation has been considered and
denied by the Council, a similar application for a vacation shall not be considered again by the
Council for at least six months from the date of its denial.
5. Notice of Completion. After a resolution granting a vacation is adopted, the City Clerk shall
prepare a notice of completion of the proceedings in accordance with the requirements under
Minn. Stat. § 412.851.
Secs. 18-11—18-40. Reserved.
ARTICLE II. FRANCHISES
Sec. 18-41. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Franchise means any special privilege granted to any person in, over, upon or under any of the streets or
public places of the city, whether such privilege has heretofore been granted by it or by the state or shall hereafter
be granted by the city or by the state.
(Code 1984, § 2.60(1))
Cross reference(s)—Definitions generally, § 1-2.
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Sec. 18-42. Franchise ordinances.
The council may grant franchises by ordinance. Franchise rights shall always be subject to the superior right
of the public to the use of streets and public places. All persons desiring to make any burdensome use of the
streets or public places, inconsistent with the public's right in such places, or desiring the privilege of placing in,
over, upon or under any street or public place any permanent or semipermanent fixtures for the purpose of
constructing or operating railways, telegraphing or transmitting electricity, or transporting by pneumatic tubes, or
for furnishing to the city or its inhabitants transportation facilities, water, light, heat, power, gas or any other such
utility, or for any other purpose, shall be required to obtain a franchise before proceeding to make such use of the
streets or public places or before proceeding to place such fixtures in such places.
(Code 1984, § 2.60(2))
State law reference(s)—When franchise required, Minn. Stat. § 300.05.
Sec. 18-43. Power of regulation reserved.
The city shall have the right and power to regulate and control the exercise by any person, of any franchise,
however acquired, and whether such franchise has been heretofore granted by it or by the state.
(Code 1984, § 2.60(3))
State law reference(s)—Local control of franchisees, Minn. Stat. § 300.04.
Sec. 18-44. Conditions in every franchise.
All conditions specified in this section shall be a part of every franchise even though they may not be
expressly contained in the franchise:
(1)The grantee shall be subject to and will perform on its part all the terms of this section and will comply
with all pertinent provisions of this Code.
(2)The grantee shall in no case claim or pretend to exercise any power to fix fares, rates and charges; but
such fares, rates and charges shall at all times be just, fair and reasonable for the services rendered and
shall in all cases be fixed and from time to time changed, unless regulated by an agency of the state, in
the manner following:
a.A reasonable rate shall be construed to be one which will, with efficient management, normally
yield, above all operating expenses and depreciation, a fair return upon all money invested.
b.If possible, maximum rates and charges shall be arrived at by direct negotiation with the council.
c.If direct negotiations fail to produce agreement, the council shall, not less than 30 days before
the expiration of any existing rate schedule or agreement, appoint an expert as its
representative; the franchisee shall likewise appoint an expert as its representative; and the two
of them shall appoint a third person, preferably an expert; and the three of them shall constitute
a board of arbitration. The board shall report its findings as soon as possible, and the rates and
charges it shall agree upon by majority vote shall be legal and binding, subject only to review by a
court of competent jurisdiction upon application of one of the parties.
(3)The council shall have the right to require reasonable extensions of any public service system and to
make such rules and regulations as may be required to secure adequate and proper service and to
provide sufficient accommodations for the public.
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(4)The grantee shall not issue any capital stock on account of the franchise or the value of the franchise,
and the grantee shall have no right to receive, upon condemnation proceedings brought by the city to
acquire the public utility exercising such franchise, any return on account of the franchise or its value.
(5)No sale or lease of the franchise shall be effective until the assignee or lessee shall have filed with the
city an instrument, duly executed, reciting the facts of such sale or lease, accepting the terms of the
franchise, and agreeing to perform all the conditions required of the grantee under the franchise.
(6)Every grant in the franchise which includes permission for the erection of poles, masts or other fixtures
in the streets and for the attachment of wires, or for the laying of tracks in, or of pipes or conduits
under the streets or public places, or for the placing in the streets or other public places of any
permanent or semipermanent fixtures whatsoever, shall be subject to the condition that the council
shall have the power to require such alterations or relocation or rerouting as the council may at any
time deem necessary for the safety, health or convenience of the public, and particularly that it shall
have the power to require the removal of poles, masts and other fixtures bearing wires and the placing
underground of all facilities for whatsoever purpose used.
(7)Every franchise shall contain a provision granting the city the right to acquire the franchise in
accordance with statute.
(8)The franchisee may be obligated by the city to pay the city fees to raise revenue or defray increased
costs accruing as a result of utility operations, or both, including but not limited to a sum of money
based upon gross operating revenues or gross earnings from its operations in the city.
(Code 1984, § 2.60(4))
Sec. 18-45. Further provisions of franchises.
The enumeration and specification of particular matters which must be included in every franchise or
renewal or extension shall not be construed as impairing the right of the city to insert in any such franchise or
renewal or extension such other and further conditions and restrictions as the council may deem proper to protect
the city's interests, nor shall anything contained in this article limit any right or power possessed by the city over
existing franchises.
(Code 1984, § 2.60(5))
Secs. 18-46—18-75. Reserved.
ARTICLE III. CONSTRUCTION, REPAIR AND IMPROVEMENTS OF PUBLIC
ROADWAY SURFACING, SIDEWALKS, CURB AND GUTTER, DRIVEWAY APRONS
OR CURB CUTS
DIVISION 1. GENERALLY
Sec. 18-76. Methods of procedure.
Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk
or curb and gutter, driveway, driveway turnaround, driveway approaches or curb cuts in accordance with this
article.
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(Code 1984, §§ 6.05(1), 6.06(1))
Sec. 18-77. Inspection.
The city shall inspect such improvements as deemed necessary or advisable. Any work not done according to
the applicable specifications and standards shall be removed and corrected at the expense of the permit holder.
Any work done under this article may be stopped by the city if found to be unsatisfactory or not in accordance with
the specifications and standards, but this shall not place a continuing burden upon the city to inspect or supervise
such work.
(Code 1984, §§ 6.05(14), 6.06(14))
Sec. 18-78. Specifications and standards.
All construction and reconstruction of roadway surfacing, sidewalk, driveway, driveway turnaround, curb and
gutter improvements, including curb cuts and driveway approaches, shall be strictly in accordance with
specifications and standards on file in the office of the city, and open to inspection and copying there. Such
specifications and standards may be amended by the city but shall be uniformly enforced.
(Code 1984, §§ 6.05(13), 6.06(13))
Sec. 18-79. Authority of public services director.
All work done under a permit issued in compliance with this article shall be under the direction and
supervision of the public services director, who is authorized to make the necessary rules, regulations and
specifications with respect to materials for and method of construction of a sidewalk, curb and gutter, driveway,
driveway approach, driveway turnaround, curb cut, roadway surfacing or private improvement in any road or
other public property in the city that are necessary to preserve public safety and private and public property. A
copy of such rules and regulations shall be kept on file with the city clerk.
(Code 1984, §§ 6.05(6)(A), 6.06(6)(A))
Sec. 18-80. Submission of plans to public services director.
All plans submitted to the building inspector for his approval which include or involve a sidewalk, curb and
gutter, driveway, driveway turnaround, driveway approach, curb cuts, roadway surfacing or private improvement
in any road or public property in the city shall be referred by the building inspector to the public services director
for his approval before a building permit shall be issued.
(Code 1984, §§ 6.05(7), 6.06(7))
Sec. 18-77. Construction requirements generally.
In addition to the rules, regulations and specifications as outlined in this article by the public services director
with respect to the improvements listed in this article, the following requirements shall be complied with when
work is done under the provisions of this article:
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(1)All driveway approaches shall intersect the road pavement at an angle to be approved by the public
services director based upon the physical characteristics of the public road, driveway approach and the
parcel of land being accessed. Such angle shall be as close as is reasonably practical, in the judgment of
the public services director, to a right angle to the pavement of the public road.
(2)No curb cuts shall be made in such a way that the curb return extends beyond any property line as
projected, except when consented to, in writing, by the adjoining property owner involved. This
consent, if necessary, shall be submitted to the public services director prior to the issuance of a
permit.
(3)The top of the paving of the driveway approach slab at the curbline shall be 1⅝ inches above the
flowline of the gutter, and shall not extend into the gutter beyond the face of the curb or beyond the
gutter line, and shall not be constructed in a manner that will in any way interfere with the use of the
road for the purpose of travel or maintenance. The constructed road shall not be excavated in the
process of constructing the driveway unless previous approval, in writing, has been granted by the
public services director.
(4)Driveway culverts shall be provided and installed by the owner as required by the Public Works
Superintendent or City Engineer.
(5)Driveways shall not be constructed over curb stops, catchbasins or other structures, if at all possible. If
there is no other feasible location for the driveway, it shall be the responsibility of the applicant to set
the curb stop, catchbasin cover, or any other structures flush with the final driveway surface.
(6)The owner and contractor shall protect the public from injury or damage during the construction of the
sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cuts, roadway
surfacing or private improvement in any street or public property in the city; and any permit issued
pursuant to this article shall contain the agreement of the applicant that the city shall not be liable for
damage which may arise from the result of work, and that the applicant will hold the city harmless for
any liability incurred by the city as a result of such activity.
(7)Trees or shrubs shall not be placed adjacent to a driveway so as to constitute a sight distance problem.
(8)If a parcel of land has frontage on both a cul-de-sac portion and a lead-in portion of the public road,
the driveway shall be constructed off the lead-in portion of the road and not the cul-de-sac.
(Code 1984, §§ 6.05(8), 6.06(8))
Secs. 18-82—18-105. Reserved.
DIVISION 2. PERMIT
Sec. 18-106. Required.
It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, driveway approach,
driveway turnaround, curb cut, roadway surfacing or any other private improvement in any road or other property
in the city without a permit in writing from the city.
(Code 1984, §§ 6.05(2), 6.06(2))
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Sec. 18-107. Application.
Application for a permit required in this division shall be made on forms approved and provided by the city
and shall sufficiently describe the contemplated improvements, the contemplated date of beginning of work, and
the length of time required to complete the improvement, provided that no permit shall be required for any such
improvement ordered installed by the council. Such application shall also contain information showing the type of
construction, the width and the location of an improvement on the parcel of land, and the lot and block number or
the parcel number and the street and house number and a profile of the proposed improvement, if necessary, and
other such information as may be required by the public services director. The application shall be filed by the
property owners desiring to construct such a driveway approach, driveway turnaround, sidewalk, curb and gutter,
driveway, curb cut, roadway surfacing or private improvements in any road or any property in the city, or by his
duly authorized agent. All such applications shall contain an agreement by the applicant to be bound by this article.
(Code 1984, §§ 6.05(2), 6.06(2))
Sec. 18-108. Responsibility for damages.
A permit from the city under this division shall not relieve the holder from damages to the person or
property of another caused by such work.
(Code 1984, §§ 6.05(2), 6.06(2))
Sec. 18-109. Issuance.
A permit required in this division shall be issued by the public services director, if he has determined that the
applicant has complied with the terms of this article, the permit fee has been paid and the public services director
has approved the driveway, driveway approach, driveway turnaround, sidewalk, curb and gutter, curb cuts,
roadway surfacing or private improvement in any road or public property in the city as requested or with
stipulated changes. The public services director shall have the authority to refuse to issue a permit when, in the
judgment of the public services director, the requested construction would impose an unreasonable hazard to the
public. There is no administrative appeal from the decision of the director.
(Code 1984, §§ 6.05(3), 6.06(3))
Sec. 18-110. Permit fees.
The fees for permits for the construction of improvements as outlined in this division shall be as set forth by
resolution.
(Code 1984, §§ 6.05(4), 6.06(4))
Sec. 18-111. Revocation.
(a)A permit issued under the provisions of this division may be revoked by the public services director when he
determines that the construction or activity authorized by the permit is not being performed according to
the terms of the permit or this division.
(b)In addition to the provisions of subsection (a) of this section, a permit may be revoked by the city council;
and the city shall have the right to revise, relocate or close any sidewalk, curb and gutter, driveway, driveway
approach, driveway turnaround, curb cut or private improvement in any road or other property in the city as
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the result of the reconstruction of any road, a change in land use, or a major change in the traffic pattern of
an existing land use.
(c)Notice of such revocation, with a description of the facts supporting such revocation, shall be mailed or
delivered to the person named in the permit at the address listed in the permit.
(d)All work shall cease upon receipt of the notice of revocation.
(e)[Reserved.]
(Code 1984, §§ 6.05(5), (6), 6.06(5), (6); Ord. No. 178 3rd series, § 2, 10-10-2016)
Secs. 18-112—18-135. Reserved.
DIVISION 3. DRIVEWAY CONNECTIONS STANDARDS
Sec. 18-136. Residential driveway Connections, approaches and turnaround.
(a)
(a)Residential driveway approach shall not exceed 20 feet in width at the intersected right-of-way line.
(b)A curb cut shall not exceed the width of the driveway approach at the property line by more than ten feet.
(c)No portion of a driveway approach, except the curb return, shall be constructed within 30 feet of a corner
where feesible.
(d)For residences constructed after July 25, 1986, the Driveway approachs and that part of the driveway and
turnarounds which drain to the road shall be paved with bituminous concrete blacktop or equivalent paving.
Where it has been determined by the city's public service director that driveway and/or driveway approach
existing on July 25, 1986, is causing a maintenance problem on the road, including but not limited to the
washing of dirt and gravel into the road, the public services director shall order that the property owner pave
such portion of the driveway and/or driveway approach as is necessary to remove the maintenance problem.
Portland cement concrete will only be allowed from the driveway up to the public right-of-way. This
requirement shall not be construed to reduce paving otherwise required by performance standards in
chapter 78 or required as a condition to the granting of a conditional use permit, lot division, subdivision or
as designated in the approved site plan.
(g)
(e) Visibility from driveways to a local or collector street shall be unobstructed between a height of
three and one-half feet and eight feet above grade (as measured along the driveway elevation),
within triangular areas described as beginning at the point where driveway edges meet the street
curb (or street pavement in the absence of a curb), thence 15 feet along the driveway edge,
thence diagonally to a point 15 feet from the point of beginning along the street curb (or edge of
street pavement in the absence of a curb). The owner of the property where any fence, wall, tree,
shrubbery, vegetation, or other feature is proposed shall keep such obstructions out of the visibility
triangles for their driveway and out of the visibility triangle for driveways on directly-abutting
properties. The exception to the regulations in this subsection shall be where there is a mailbox
and/or plantings within the visibility triangle that do not result in obstructions totaling more than
three feet in width. Nothing in this subsection authorizes the use of public right-of-way for
installation of fencing, walls, or plantings. The regulations contained in this Section shall not apply
to conditions that legally existed prior to the effective date of this Chapter unless the City
determines that such conditions constitute a traffic safety hazard.
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(Code 1984, §§ 6.05(9), 6.06(9))
Sec. 18-137. Business driveways connections, approaches and turnarounds.
(a)The curb cut shall not exceed the width of the driveway approach at the property line by more than 20 feet
unless approved as part of a site plan. In a residential district, the curb cut shall not exceed the width of the
driveway approach at the property line by more than ten feet unless approved as part of the site plan.
(b)All business driveways and driveway approaches shall be paved with asphaltic, concrete or equivalent
material.
(c)
(d)No portion of a driveway approach, except the curb return, shall be constructed within 100 feet of a corner
in a business, commercial , or residential district where feesible.
(e
(Code 1984, §§ 6.05(10), 6.06(10))
Sec. 18-138. Maintenance and removal.
(a)Every driveway approach or entrance to abutting property shall be maintained and kept in a safe condition
by the owner of the abutting property or by the homeowners' association; and any such driveway approach
which shall not be so maintained and kept in a safe condition or which shall interfere with or obstruct the
drainage carried by the adjoining road or interfere with or obstruct the use of the adjoining road for
purposes of travel shall be repaired to conform with the specifications of this article and the city's
requirements, or it shall be removed by the owner of the abutting property or the homeowners' association.
(b)Upon removal of such driveway approach, that portion of the street or right-of-way occupied by the owner
or homeowners' association shall be restored to its former condition; and all curbing shall be replaced to its
former condition by the owner or homeowners' association of the abutting property at their expense. If such
removal and restoration is not accomplished within ten days of the receipt by the abutting property owner of
written notice of the city to remove the driveway approach and restore the road, curbing and right-of-way to
its former condition, the city shall remove the driveway approach and restore the road, curbing and right-of-
way and assess the cost of such removal and restoration against the abutting property. Such order shall not
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be subject to any administrative appeal. Further time for removal and restoration may be authorized in
writing by the public services director.
(Code 1984, §§ 6.05(11), 6.06(11))
Sec. 18-139. Regulatory signs.
The city shall require the erection of regulatory signs adjacent to a driveway serving two or more parcels of
land, at its intersection with a road. The sign shall be purchased, erected and maintained by the property owner. If
the property owner does not have the sign erected within a reasonable length of time, the city shall erect the sign
and bill the property owner for all costs.
(Code 1984, §§ 6.05(12), 6.06(12))
Secs. 18-140—18-170. Reserved.
ARTICLE IV. RIGHT-OF-WAY MANAGEMENT
2
Sec. 18-171. Election to manage the public right-of-way.
Pursuant to the authority granted to the city under state and federal statutory, administrative and common
law, the city hereby elects, pursuant to Minnesota Statutes Section 237.163 to manage the right-of-way within its
jurisdiction.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-172. Definitions.
The definitions included in Minnesota Statutes Section 237.162 and Minnesota Rules 7810.0100 subparts 1
through 25 are hereby adopted by reference and are incorporated into this chapter as if set out in full.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-173. Permit requirement.
(a)Permit required.Except as otherwise provided in this code, no person may obstruct, excavate or install or
place any facilities in any right-of-way without first having obtained the appropriate right-of-way permit from
the city to do so.
(1)Excavation permit.An excavation permit is required to excavate that part of the right-of-way described
in such permit and to hinder free and open passage over the specified portion of the right-of-way by
placing facilities described therein to the extent and for the duration specified therein.
2Editor's note(s)—Ord. No. 207 3rd series, § 1, adopted May 29, 2018, repealed the former Art. IV, §§ 18-171—18-
173, 18-196—18-201, and enacted a new Art. IV as set out herein. The former Art. IV pertained to
excavations and derived from Code 1984, § 6.15.
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(2)Obstruction permit.An obstruction permit is required to hinder free and open passage over the
specified portion of right-of-way by placing equipment described therein on the right-of-way, to the
extent and for the duration specified therein. An obstruction permit is not required if a person already
possesses a valid excavation permit for the same project.
(3)Small wireless facility permit.A small wireless facility permit is required to erect or install a wireless
support structure or collocate a small wireless facility, or to otherwise install a small wireless facility in
the specified portion of the right-of-way, to the extent specified therein, provided that such permit
shall remain in effect for the length of time the facility is in use unless lawfully revoked.
(4) Curb cut/driveway connection. A Curb cut permit is required for any new or alteration to an existing
curbcut/driveway approach. If the curb cut is part of a building permit a separate Right of way permit
is not required.
(b)Permit extension.No person may excavate or obstruct or install or place any facilities in the right-of-way
beyond the date or dates specified in the permit unless (i) such person makes a supplementary application
for another right-of-way permit before the expiration of the initial permit, and (ii) the new permit or permit
extension is granted.
(c)Delay penalty.In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding subd. b of this
section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration and in placing new wireless support structures and small
wireless facilities.
(d)Permit display.Permits issued under this chapter shall be conspicuously displayed or otherwise available at
all times at the indicated work site and shall be available for inspection by the city.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-174. Permit applications.
Application for a permit is made to the city. Right-of-way permit applications shall contain, and will be
considered complete only upon compliance with the requirements of the following provisions:
(a)Submission of a completed permit application form including all required attachments, and scaled
drawings showing the location and area of the proposed project and the location of all known existing
and proposed facilities, and the following information:
(1)Each permittee's name, Gopher One-Call registration certificate number, address and email
address, if applicable, and telephone and facsimile numbers.
(2)The name, address, and email address, if applicable, and telephone and facsimile numbers of a
local representative or designee shall be available at all times.
(3)A certificate of insurance or self-insurance:
i.Verifying that an insurance policy has been issued to the permittee by an insurance
company licensed to do business in the State of Minnesota, or a form of self-insurance
acceptable to the city.
ii.Verifying that the permittee is insured against claims for personal injury, including death,
as well as claims for property damage arising out of the
a)Use and occupancy of the right-of-way by the permittee, its officers, agents,
employees and permittees, and
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b)Placement and use of facilities and equipment in the right-of-way by permittee,
its officers, agents, employees and permittees including, but not limited to,
protection against liability arising from completed operations, damage of
underground facilities and collapse of property;
iii.Naming the city as an additional insured as to whom the coverages required herein are in
force and applicable and for whom defense will be provided as to all such coverages;
iv.Requiring that the city be notified 30 days in advance of cancelation of the policy or
material modification of a coverage term;
v.Indicating comprehensive liability coverage, automobile liability coverage, workers
compensation and umbrella coverage established by the city in amounts sufficient to
protect the city and the public and to carry out the purposes and policies of this chapter;
vi.The city may require a copy of the actual insurance policies;
vii.If the person is a corporation, a copy of the certificate required to be filed with the
Secretary of State as recorded and certified to by the Secretary of State.
viii. A copy of the person's order granting a certificate of authority from the Minnesota Public
Utilities Commission or other authorization or approval from the applicable state or federal
agency to lawfully operate, where the person is lawfully required to have such certificates
from said commission or other state or federal agency.
(b)Payment due the city for:
(1)Permit fees, estimated restoration fees and other management costs;
(2)Prior obstructions, excavations, and installations and placements of wireless support structures
and small wireless facilities.
(3)Any undisputed loss, damage, or expense suffered by the city because of applicant's prior
excavations or obstructions of the right-of-way or installation of new wireless support structures
or collocation of small wireless facilities;
(4)Franchise fees or other charges, if applicable.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-175. Issuance of permit; conditions.
(a)Permit issuance.If the applicant has satisfied the requirements of this chapter, the city shall issue a permit.
(b)Conditions.The following conditions shall apply to all permits:
(1)Barricades, warning signs and warning lights on all street excavations shall be placed in accordance
with the Minnesota Uniform Traffic Control Service Manual.
(2)A permittee shall take precautions to avoid creating unsafe or unsanitary conditions.
(3)A permittee shall not obstruct a public right-of-way, except as expressly authorized by a permit, so as
to hinder the natural, free and clear passage of water through the gutters or other waterways.
(4)A permittee shall provide owners of property abutting the right-of-way where work will occur written
notice 48 hours in advance of such work.
(5)A permittee shall provide proper trench protection as required by O.S.H.A. to prevent any cave-in,
injury to property or persons, or enlargement of the excavation.
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(6)Excavations, trenches and jacking pits off the roadway surface area or adjacent to the roadway or
curbing shall be sheathed and braced. When unattended, all excavations, trenches and jacking pits
shall be protected to prevent erosion from surface drainage.
(7)A permittee shall protect the root growth of significant trees and shrubbery located within the public
right-of-way and adjacent thereto. A permittee shall protect sprinkler systems, pet containment
systems, and sod located adjacent to the public right-of-way.
(8)A permittee shall coordinate project work and installation of facilities in co-locations with other public
right-of-way users.
(9)A permittee shall maintain access to all properties and cross streets during project work, including
emergency vehicle access.
(10) A permittee shall physically locate property lines abutting the project work. The permittee shall
replace, with the services of a Minnesota licensed surveyor, any property corners or monuments
disturbed as a result of the project.
(11) A permittee shall remove daily all dirt from sidewalks, trails, public and private roadway surfaces and
curbs and gutters during project work.
(12) Fiber facilities shall be buried in a proper conduit and at a depth of no less than three feet deep and no
more than four feet deep; copper facilities below concrete or bituminous paved roadway surfaces shall
be buried no less than three feet deep and no more than four feet deep, and all other copper facilities
shall be buried no less than 30 inches deep and no more than four feet deep.
(13) All underground facilities which cross streets or hard surfaced driveways shall be bored and installed in
conduit when requested by the city. Gas mains and services do not need to be installed in conduit.
(14) When using trenchless installation methods to cross an area where an existing utility is located or when
directed by the city, the permittee shall excavate an observation hole to expose the existing utility prior
to crossing such utility to ensure that existing utilities are not damaged. When an observation hole
must be excavated in an existing pavement section, the pavement must be cut using the coring
method. Saw cutting, jack hammering or any other means of excavating the observation hole shall be
strictly prohibited without prior approval from the city engineer.
(15) Unless approved by the city engineer, all above ground appurtenances: shall be located no closer than
ten feet to city hydrants, waterline valves, manholes, lift stations, catch basins; shall be located no
closer than two feet from sidewalks or trails; and shall not be located in front of any city or private sign,
monument or amenity for facilities or parks.
(16) Underground facilities shall not be installed within five feet of hydrants, waterline valves, lift stations,
manholes or catch basins unless approved by the city engineer.
(17) The city may impose reasonable conditions upon the issuance of the permit and the performance of
the applicant thereunder to protect the health, safety and welfare or when necessary to protect the
right-of-way and its current use.
(18) A permittee shall comply with all requirements of local, state and federal laws, including but not
limited to Minnesota Statutes §§ 216D.01—.09 (Gopher One Call Excavation Notice System) and
Minnesota Rules Chapter 7560.
(c)Trenchless excavation.As a condition of all applicable permits, permittees employing trenchless excavation
methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in
Minnesota Statutes, Chapter 216D and Minnesota Rules Chapter 7560, and shall require potholing or open
cutting over existing underground utilities before excavating as determined by the city.
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(d)Small wireless facility conditions.In addition to subdivisions (b) and (c), the erection or installation of a
wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless
facility in the right-of-way, shall be subject to the following conditions:
(1)A small wireless facility shall only be collocated on the particular wireless support structure, under
those attachment specifications, and at the height indicated in the applicable permit application.
(2)No new wireless support structure installed within the right-of-way shall exceed 50 feet above ground
level in height without the city's written authorization, provided that a wireless support structure that
replaces an existing wireless support structure in the public right-of-way that is greater than 50 feet
above ground level in height may be placed at the height of the existing wireless support structure,
subject to such conditions or requirements as may be imposed in the applicable permit.
(3)No wireless facility may extend more than ten feet above its wireless support structure.
(4)Where an applicant proposes to install a new wireless support structure in the right-of-way, the city
may impose separation requirements between such structure and any existing wireless support
structure.
(5)Where an applicant proposes collocation on a decorative wireless support structure, sign, or other
structure not intended to support small wireless facilities, the city may impose reasonable
requirements to accommodate the particular design, appearance, or intended purpose of such
structure.
(6)Where an applicant proposes to replace a wireless support structure, the city may impose reasonable
restocking, replacement, or relocation requirements on the replacement of such structure.
(e)Small wireless facility agreement.A small wireless facility shall only be collocated on a wireless support
structure owned or controlled by the city, or any other city asset in the right-of-way, after applicant has
executed a standard small wireless facility collocation agreement with the city. The standard collocation
agreement may require payment of the following:
(1)Management costs;
(2)Rent on the city structure as provided in Minnesota Statutes § 237.163 subd. 6(g);
(3)Maintenance associated with the collocation as provided in Minnesota Statutes § 237.163 subd. 6(g);
(4)A monthly fee for electrical service as provided in Minnesota Statutes § 237.163 subd. 6(g).
The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless
facility permit provided, however, that the applicant shall not be additionally required to obtain a license or
franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect
any then-existing agreement between the city and applicant.
(f)Deadline for action.The city shall approve or deny a small wireless facility permit application within 90 days
after receiving a complete application. The small wireless facility permit, and any associated encroachment
or building permit shall be deemed approved if the city fails to approve or deny the application within the
review periods established in this section.
(g)Consolidated applications.An applicant may file a consolidated small wireless facility permit application
addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed by the
city, provided that all small wireless facilities in an application:
(1)are located within a two-mile radius;
(2)consist of substantially similar equipment; and
(3)are to be placed on similar types of wireless support structures.
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In rendering a decision on a consolidated permit application, the city may approve some small wireless
facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless
facilities in the application.
(h)Tolling of deadline for action.The 90 day deadline for action may be tolled if:
(1)The city receives applications within a single seven-day period from one or more applicants seeking
approval of permits for more than 30 small wireless facilities. In such case, the city may extend the 90
day deadline for all such applications by an additional 30 days by informing the affected applicants in
writing of such extension.
(2)The applicant fails to submit all required documents or information and the city provides written notice
of incompleteness to the applicant within 30 business days of receipt of the application, clearly and
specifically delineating all missing documents or information. Information delineated in the notice is
limited to documents or information publicly required as of the date of application and reasonably
related to the city's determination whether the proposed equipment falls within the definition of a
small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare
regulations applicable to the small wireless facility permit request. Upon applicant's submittal of
additional information in response to a notice of incompleteness, the city has ten days to notify the
applicant in writing of any information requested in the initial notice of incompleteness that is still
missing. Second or subsequent notices of incompleteness may not specify documents or information
that were delineated in the original notice of incompleteness. Requests for information not requested
in the initial notice of incompleteness do not toll the 90 day deadline for action.
(3)The city and applicant may agree in writing to toll the review period.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-176. Permit fees.
(a)Excavation permit fee.The city shall establish an excavation permit fee in an amount sufficient to recover the
following costs:
(1)City management costs;
(2)Degradation costs, if applicable.
(b)Obstruction permit fee.The city shall establish the obstruction permit fee and shall be in an amount sufficient
to recover city management costs.
(c)Small wireless facility permit fee.The city shall impose a small wireless facility permit fee for the placement
of small wireless facilities and wireless support structures in the public right-of-way in an amount sufficient
to recover:
(1)management costs; and
(2)city engineering, make-ready, and construction costs associated with collocation of small wireless
facilities.
(d)Cost of initial work associated with collocation.Any initial engineering survey and preparatory construction
work associated with collocation must be paid by the cost causer in the form of a onetime, nonrecurring,
commercially reasonable, nondiscriminatory, and competitively neutral charge to recover costs associated
with a proposed attachment.
(e)Payment of permit fees.No excavation permit, obstruction permit or small wireless facility permit shall be
issued without payment of excavation, obstruction, or small wireless facility permit fees. The city may allow
applicant to pay such fees within 30 days of billing.
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(f)Nonrefundable.Permit fees that were paid for a permit that the city has revoked for a breach as stated in
section 18-184 are not refundable.
(g)Application to franchises.Unless otherwise agreed to in a franchise, management costs may be charged
separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-177. Right-of-way patching and restoration.
(a)Timing.The work to be done under the excavation permit, and the patching and restoration of the right-of-
way as required herein, must be completed within the dates specified in the permit, increased by as many
days as work could not be done because of circumstances beyond the control of the permittee or when work
is prohibited as unseasonal or unreasonable.
(b)Patch and restoration.Permittee shall patch its own work. The city may choose either to have the permittee
restore the right-of-way or to restore the right-of-way itself.
(1)City restoration.If the city restores the right-of-way, permittee shall pay the costs thereof within 30
days of billing. If, following such restoration, the pavement settles due to permittee's improper
backfilling, the permittee shall pay to the city within 30 days of billing, all costs associated with
correcting the defective work.
(2)Permittee restoration.If the permittee restores the right-of-way itself, it shall at the time of application
for an excavation permit, post a construction performance bond in accordance with the provisions of
Minnesota Rule 7819.3000.
(3)Degradation fee in lieu of restoration.In lieu of right-of-way restoration, a right-of-way user may elect
to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the
degradation fee shall not include the cost to accomplish these responsibilities.
(c)Standards.The permittee shall perform excavation, backfilling, patching and restoration according to the
standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100.
(d)Duty to correct defects.The permittee shall correct defects in patching or restoration performed by
permittee or its agents. The permittee upon notification from the city shall correct all restoration work to the
extent necessary, using the method required by the city. Said work shall be completed within five calendar
days of receipt of the notice from the city, not including days during which work cannot be done because of
circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable.
(e)Failure to restore.If the permittee fails to restore the right-of-way in the manner and to the condition
required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city
at its option may do such work. In that event, the permittee shall pay to the city, within 30 days of billing, the
cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under
the construction performance bond.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-178. Supplementary applications.
(a)Limitations on area.A right-of-way permit is valid only for the area of the right-of-way specified in the
permit. No permittee may do work outside the area specified in the permit, except as provided herein. Any
permittee which determines that an area greater than that specified in the permit must be obstructed or
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excavated must, before working in that greater area, make application for a permit extension and pay any
additional fees required thereby, and be granted a new permit or permit extension.
(b)Limitation on dates.A right-of-way permit is valid only for the dates specified in the permit. No permittee
may begin its work before the permit start date or, except as provided herein, continue working after the
end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for
the additional time it needs, and receive the new permit or an extension of the old permit before working
after the end date of the previous permit. This supplementary application must be submitted before the
permit end date.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-179. Denial of permit.
The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city
determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the
right-of-way and its current use. Any denial of a right-of-way or small wireless facility permit shall be in writing and
must document the basis for the denial. The city must notify the telecommunications right-of-way user within
three business days of the decision to deny the permit. If the permit application is denied, the telecommunications
right-of-way user may cure the deficiencies identified by the city and resubmit its application. If the
telecommunications right-of-way user resubmits the application within 30 days of receiving written notice of the
denial, it may not be charged an additional filing or processing fee. The city must approve or deny the revised
application within 30 days after the revised application is submitted.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-180. Installation requirements.
The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall
be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements,
in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163. Installation of
service laterals shall be performed in accordance with Minnesota Rules Chapter 7560 and these ordinances.
Service lateral installation is further subject to those requirements and conditions set forth by the city in applicable
permits and/or agreements referenced in section 18-185(b) of this article.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-181. Inspection.
(a)Notice of completion.When the work under any permit hereunder is completed, the permittee shall furnish a
completion certificate in accordance with Minnesota Rule 7819.1300.
(b)Site inspection.Permittee shall make the work-site available to the city and to all others authorized by law
for inspection at all reasonable times during the execution of and upon completion of the work.
(c)Authority of city.
(1)At the time of inspection, the city may order the immediate cessation of any work which poses a
serious threat to the life, health, safety or well-being of the public.
(2)The city may issue an order to the permittee for any work that does not conform to the terms of the
permit or other applicable standards, conditions, or codes. The order shall state that failure to correct
the violation will be cause for revocation of the permit. Within ten days after issuance of the order, the
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permittee shall present proof to the city that the violation has been corrected. If such proof has not
been presented within the required time, the city may revoke the permit pursuant to section 18-184.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-182. Work done without a permit.
(a)Emergency situations.Each permittee shall immediately notify the city of any event regarding its facilities
that it considers to be an emergency. The owner of the facilities may proceed to take whatever actions are
necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an
emergency situation does not fulfill this requirement. Within two business days after the occurrence of the
emergency, the owner shall apply for the necessary permits, pay the fees associated therewith, and fulfill the
rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in
response to the emergency.
If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local
representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may
take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the
person whose facilities occasioned the emergency.
(b)Non-emergency situations.Except in an emergency, any person who, without first having obtained the
necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty,
pay double the normal fee for said permit, pay double all other fees required by the city ordinance, deposit
with the city the fees necessary to correct any damage to the right-of-way, and comply with all of the
requirements of this chapter.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-183. Supplementary notification.
If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the
permit, permittee shall notify the city of the accurate information as soon as this information is known.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-184. Revocation of permits.
(a)Substantial breach.The city reserves its right, as provided herein, to revoke any right-of-way permit without
a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or
regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall
not be limited to, the following:
(1)The violation of any material provision of the right-of-way permit;
(2)An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration
or attempt to perpetrate any fraud or deceit upon the city or its citizens.
(3)Any material misrepresentation of fact in the application for a right-of-way permit;
(4)The failure to complete the work in a timely manner, unless a permit extension is obtained or unless
the failure to complete work is due to reasons beyond the permittee's control; or
(5)The failure to correct, in a timely manner, work that does not conform to a condition indicated on an
order issued pursuant to section 18-181.
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(b)Written notice of breach.If the city determines that the permittee has committed a substantial breach of a
term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the city shall
make a written demand upon the permittee to remedy such violation. The demand shall state that continued
violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the
city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the
breach.
(c)Response to notice of breach.Within 24 hours of receiving notification of the breach, the permittee shall
provide the city with a plan acceptable to the city that will cure the breach. The permittee's failure to so
contact the city, or the permittee's failure to submit an acceptable plan, or the permittee's failure to
reasonably implement the approved plan, shall be cause for immediate revocation of the permit.
(d)Revocation.Revocation of a right-of-way permit or small wireless facility permit shall be made in writing
within three business days of the decision to revoke the permit and shall document the basis for the
revocation.
(e)Reimbursement of city costs.If a permit is revoked, the permittee shall also reimburse the city for the city's
reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees
incurred in connection with such revocation.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-185. Mapping data.
(a)Information required.Each permittee shall provide mapping information required by the city in accordance
with Minnesota Rules 7819.4000 and 7819.4100. Within 90 days following completion of any work pursuant
to a permit, the permittee shall provide the city accurate maps and drawings certifying the "as-built" location
of all equipment installed, owned and maintained by the permittee. Such maps and drawings shall be
provided consistent with the city's electronic mapping system. Failure to provide maps and drawings
pursuant to this subsection shall be grounds for revoking the permit.
(b)Service laterals.All permits issued for the installation or repair of service laterals, other than minor repairs as
defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate means of
establishing the horizontal locations of installed service laterals and the service lateral vertical locations in
those cases where the city reasonably requires it. Permittees or their subcontractors shall submit to the city
evidence satisfactory to the city of the installed service lateral locations.
Compliance with this subdivision (b) and with applicable Gopher State One Call law and Minnesota Rules
governing service laterals installed after December 31, 2005 shall be a condition of any city approval necessary for
(1)Payments to contractors working on a public improvement project including those under Minnesota
Statutes Chapter 429; and
(2)City approval under development agreements or other subdivision or site plan approval under
Minnesota Statutes Chapter 462. The city shall reasonably determine the appropriate method of
providing such information. Failure to provide prompt and accurate information on the service laterals
installed may result in the revocation of the permit issued for the work or future permits to the
offending permittee or its subcontractors.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
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Sec. 18-186. Location facilities.
(a)Placement, location, relocation.Placement, location, and relocation of facilities must comply with the Act,
with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the
rules do not limit authority otherwise available to cities.
(b)Corridors.The city may assign a specific area within the right-of-way, or any particular segment thereof as
may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will
someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city
involving the installation or replacement of facilities shall designate the proper corridor for the facilities at
issue.
Any permittee who has facilities in the right-of-way in a position at variance with the corridors established by
the city shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are
located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by
the city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities,
public safety, customer service needs and hardship to the registrant.
(c)Nuisance.One year after the passage of this chapter, any facilities found in the right-of-way that have not
been registered shall be deemed a nuisance. The city may exercise any remedies or rights it has at law or in
equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring
the right-of-way to a useable condition.
(d)Limitation of space.To protect health, safety, and welfare, or when necessary to protect the right-of-way and
its current use, the city shall have the power or prohibit or limit the placement of new or additional facilities
within the right-of-way. In making such decisions, the city shall strive to the extent possible to accommodate
all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the
public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time
of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future
city plans for public improvements and development projects which have been determined to be in the
public interest.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-187. Pre-excavation facilities location.
In addition to complying with the requirements of Minnesota Statutes Sections 216D.01—.09 ("One Call
Excavation Notice System") before the start date of any right-of-way excavation, each permittee who has facilities
or equipment in the area to be excavated shall mark the horizontal and vertical placement of said facilities. Any
permittee whose facilities are less than 20 inches below a concrete or asphalt surface shall notify and work closely
with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-188. Damage to other facilities.
When the city does work in the right-of-way and finds it necessary to maintain, support, or move a
permittee's facilities to protect it, the city shall notify the local representative as early as is reasonably possible.
The costs associated therewith will be billed to the facility owner and must be paid within 30 days from the date of
billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or
its facilities damage. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of
another permittee caused during the city's response to an emergency occasioned by the permittee's facilities.
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(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-189. Right-of-way vacation.
If the city vacates a right-of-way that contains facilities, the facility owner's rights in the vacated right-of-way
are governed by Minnesota Rules 7819.3200.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-190. Indemnification and liability.
By applying for and accepting a permit under this article, a permittee agrees to defend and indemnify the city
in accordance with the provisions of Minnesota Rule 7819.1250.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-191. Abandoned and unusable facilities.
(a)Discontinued operations.A permittee who has determined to discontinue all or a portion of its operations in
the city must provide information satisfactory to the city that the permittee's obligations for its facilities in
the right-of-way under this article have been lawfully assumed by another permittee.
(b)Removal.Any person who has abandoned facilities in any right-of-way shall remove them from the right-of-
way if required in conjunction with other right-of-way repair, excavation, or construction, unless this
requirement is waived by the city.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-192. Appeal.
A right-of-way user that has been denied a permit; has had a permit revoked; believes that the fees imposed
are invalid; or disputes any determination of the city under this article may have the denial, revocation, fee
imposition, or decision reviewed, upon written request, by the city council. The city council shall act on a timely
request at its next regularly scheduled meeting. A decision by the city council affirming the denial, revocation, or
fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-193. Reservation of regulatory and police powers.
A permittee's rights are subject to the regulatory and police powers of the city to adopt and enforce general
ordinances as necessary to protect the health, safety and welfare of the public.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Sec. 18-194. Severability.
If any portion of this article is for any reason held invalid by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of
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the remaining portions thereof. Nothing in this article precludes the city from requiring a franchise agreement with
the applicant, as allowed by law, in addition to requirements set forth herein.
(Ord. No. 207 3rd series, § 1, 5-29-2018)
Secs. 18-195—18-235. Reserved.
ARTICLE V. VEGETATION
Sec. 18-236. City to control tree planting (standards).
The city shall have control and supervision of planting shrubs and trees upon or overhanging all streets or
other public property. The city may establish and enforce uniform standards relating to the species and types of
trees to be planted, their placement, maintenance and removal. Such standards shall be kept on file in the office of
the city administrator and may be revised by action of the council upon the recommendation of the public works
superintendent.
(Code 1984, § 6.09(1))
Sec. 18-237. Permit to plant or remove trees.
It is a misdemeanor for any person to plant or remove any tree with in the city right of way or overhanging
streets without first procuring from the city a permit in writing to do so.
(Code 1984, § 6.09(2))
Sec. 18-238. Duty of property owners to cut grass and weeds and maintain trees and shrubs.
(a)Every owner of property abutting on any street shall cause the grass and weeds to be maintained cut from
the line of such property nearest to such street to the center of such street. If the turf grass or weeds in such
a place attain a height in excess of eight inches, it shall be prima facie evidence of a failure to comply with
this section. Every owner of property abutting on any street shall, subject to the provisions in this article
requiring a permit, trim, cut, remove and otherwise maintain all trees and shrubs in unhazardous and healthy
condition, from the line of such property nearest to such street to the center of the street.
(b)Managed natural landscapes are allowed in accordance with state statute 412.925. They are defined as a
planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns,
shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants.
Managed natural landscapes do not include turf-grass lawns left unattended for the purpose of returning to
a natural state
(c) The city may in cases of failure to comply with this article, perform such work, keeping an accurate account of
the cost for each lot, piece or parcel of land abutting upon such street.
(d)If maintenance work described in subsection (b) of this section is performed by the city, the public works
superintendent forthwith upon completion of the work ascertain the cost attributable to each lot, piece or
parcel of abutting land. The city shall send a statement to the abutting property owner and, if the amount
remains unpaid for 15 days, present a certificate to the council and obtain its approval. When such certificate
has been approved, it shall be extended as to the cost as a special assessment against such abutting land;
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and such special assessment shall at the time of certifying taxes to the county auditor be certified for
collection as other special assessments are certified and collected.
(Code 1984, § 6.09(3)—(5))
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