94. STREETS AND SIDEWALKS

CHAPTER 94: STREETS AND SIDEWALKS

Section

General Provisions

94.01 Street designation

94.02 Property address renumbering

94.03 Heavy vehicle routes

94.04 Parking on public right-of-way

94.05 Street excavations

94.06 Removal of snow and ice on alleys, streets, avenues, or other public property

94.07 Election to manage the public right-of-way

Curbs, Curb Cuts, and Driveways

94.20 Permit required

94.21 Application for permit

94.22 Permit fees

94.23 Standards for permit issuance

94.24 Permit denial

94.25 Supervision

94.26 Alterations

94.27 Maximum driveway width

94.28 Appeals to Council

94.29 Intent

GENERAL PROVISIONS

§ 94.01 STREET DESIGNATION.

(A) Streets within the city limits shall be designated in accordance with this chapter. The City Council shall issue street names; names shall not duplicate the names of other streets. All street names shall be in conformance with the current system.

(B) The creation of any new street within the city, or annexation or addition thereto, shall bear a designation consistent with the street designation system established by this chapter with reference to the following rules.

(1) Center reference point. The intersection of Minnesota Avenue and Center Street is hereby declared to be the center reference point of the street designation system.

(2) Avenues and streets. All roads running north and south shall be designated avenues. All roads running east and west shall be designated streets. All streets and avenues are to be designed so that they run perpendicular to each other.

(3) Numerical sequence. All streets or avenues shall be designated in numerical sequence from the center reference point as defined above so far as is practical and consistent with existing numerical designations.

(4) Directional designation. All streets and avenues shall bear the directional designation: northeast (NE), southeast (SE), northwest (NW), or southwest (SW), in accordance with the direction the street or avenue lies from the center reference point.

(Prior Code, Ch. 301)

§ 94.02 PROPERTY ADDRESS RENUMBERING.

A uniform system of numbering properties and principal buildings is hereby adopted for the use in the city in order to provide for the health, safety, and general welfare of the residents.

(A) Posting numbers required. All property owners of parcels containing buildings within the city limits shall post the official numbers for each principal building on the front of the building in a manner as to be visible from the street on which the property is located.

(1) Multiple front entrances. In case a principal building is occupied by more than one business or family dwelling unit, each separate front entrance of a building shall bear a separate number.

(2) View obscured. If a house or principal building is obscured from view of the street of an address by accessory buildings, trees, shrubbery, or other visual obstruction, or is otherwise not visible from the street; the numbers must be displayed from a permanent mounting on the property so they are clearly visible from the street of address.

(3) Final determination. A final determination as to the visibility will be made by the County Sheriff’s Department.

(Prior Code, § 302.1)

(B) Specifications for posting numbers. All property owners shall post the address numbers on the buildings in accordance with the following requirements.

(1) All numbers shall be a minimum of three inches in height, but four inches in height is preferred.

(2) Numbers shall be visible from the street.

(3) Within 60 days of notification of assigned numbers, owner shall permanently place the assigned number on the structure.

(4) The numbers shall be made of metal, glass, plastic, or other durable material, preferably reflective.

(Prior Code, § 302.2)

(C) City Clerk/Treasurer‑implement system. The City Clerk/Treasurer is hereby authorized to implement this section by disseminating information regarding number designations by any appropriate means.

(Prior Code, § 302.3)

(D) Violation. It shall be unlawful for any person to violate this chapter by failing to affix proper numbering system or affixing unauthorized numbers or to fail to maintain the required visibility of address numbers.

(Prior Code, § 302.4)

Penalty, see § 10.99

§ 94.03 HEAVY VEHICLE ROUTES.

(A) Heavy traffic streets.

(1) The following streets and avenues and portions thereof in the city are hereby designated as heavy traffic streets:

(a) Minnesota Avenue;

(b) Lake Shady Avenue; and

(2) The city is directed to post signs upon those streets and avenues herein designated as heavy vehicle streets and avenues at appropriate places indicating the character of the streets and avenues. The Council, by resolution, may designate additional streets and avenues for heavy vehicles and direct the city to post appropriate signs thereon.

(Prior Code, § 303.1)

(B) Traffic restricted. Whenever possible, all heavy vehicles carrying a weight of four tons or more per axle shall travel in the city only upon the streets, avenues, and routes designated for heavy vehicles.

(Prior Code, § 303.2)

(C) Heavy vehicle parking. All heavy vehicles carrying a weight of four tons or more per axle shall be allowed to park overnight from 8:00 p.m. to 6:00 a.m. only on designated heavy vehicle routes, unless specifically signed or marked as no parking. All heavy vehicles carrying a weight of four ton or more per axle are not allowed to park on non‑designated heavy vehicle routes, or alley and public parking lots at any time, other than to load or unload products or goods. It shall be unlawful for any owner or operator to park any heavy vehicle on any city street at any time not specifically authorized in this ordinance. All vehicles must be removed from streets during snow removal operations.

(Prior Code, § 303.3)

(D) Special permit. In case of emergency or necessity, the City Council, upon written application setting forth all pertinent facts as to weight of load, time, and streets, avenues, and routes to be traveled, may issue a special permit for a single trip or for a limited period, for the moving of vehicles, or buildings, equipment, contrivance on any of the streets, avenues, and all alleys of the city under the terms and restrictions as the Council in the permit shall specify.

(Prior Code, § 303.4)

(E) Damages. Any person(s) driving or moving any vehicle, building, object, or conveyance upon any street, avenue, or alley in the city is liable for damages incurred to the street, avenue, or alley whether used legally or illegally.

(Prior Code, § 303.5)

(F) Seasonal weight restrictions. The city may prohibit the operation of vehicles upon any public roadway under this jurisdiction or impose weight restrictions on vehicles to be operated on the public roadway, whenever the public roadway, by reason of deterioration, rain, snow, or other climatic conditions, will be seriously damaged or destroyed unless the use of vehicles on the street is prohibited or the permissible weights thereof reduced. The city shall erect and maintain signs plainly indicating the prohibition or restriction at each end of that portion of the public roadway affected. No person shall operate a vehicle on a posted public roadway in violation of the prohibition or restriction.

(Prior Code, § 303.6)

Penalty, see § 10.99

§ 94.04 PARKING ON PUBLIC RIGHT-OF-WAY.

(A) Minnesota Avenue. No person shall park or leave unattended a truck‑tractor, farm tractor, road tractor, trailer, semi‑trailer, or implement of husbandry upon Minnesota Avenue between the hours of 2:00 a.m. and 6:00 a.m. daily. For purposes of this chapter, the terms TRUCK‑TRACTOR, FARM TRACTOR, ROAD TRACTOR, TRAILER, SEMI‑TRAILER, and IMPLEMENT OF HUSBANDRY shall mean those terms as defined under M.S. § 169.011, as it may be amended from time to time.

(Prior Code, § 304.1)

(B) Winter parking. During snow removal operations from November 1 to April 1, no person shall park or leave unattended any vehicle or equipment upon any street, avenue, or alley in the city until the roadway has been cleared of snow.

(Prior Code, § 304.2)

(C) Establishment of traffic control measures. The City Council may establish safety zones, lanes of traffic, and stop intersections, to assist in the direction and control of traffic to improve safe driving conditions at any intersection or dangerous location and to warn pedestrians or drivers of motor vehicles of dangerous conditions or other hazards. The Council may order installation of stop signs, yield signs, warning signs, signals, pavement markings, or other devices. No regulation may be established on a trunk highway unless the consent of the MnDOT is first secured. No regulation may be established on a County Highway unless the consent of the County Highway Engineer is first secured.

(Prior Code, § 304.3)

(D) Time limit parking. The City Council may, by resolution, designate certain areas where the right to park is limited during hours specified. The city shall mark by appropriate signs, each zone so designated. During the hours specified on the sign, no person shall park a vehicle in any limited parking zone for a longer period than is so specified.

(Prior Code, § 304.4)

(E) Angle and parallel parking. All parking shall be parallel, except where the City Council provides for angle parking by resolution. Where angle parking is allowed, the city shall erect and maintain signs plainly indicating the angle parking.

(Prior Code, § 304.5)

(F) No parking, stopping, or standing zones. The City Council may, by resolution, designate certain streets or portion of streets as no parking or no stopping or standing zones and may limit the hours in which the restrictions apply. The city shall mark by appropriate signs each zone so designated. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a County Sheriff’s Department or a traffic control device, no person shall stop or park a vehicle in an established no stopping or standing zone when stopping or standing is prohibited. No vehicles shall be parked in the no parking zone during hours when parking is prohibited except that a vehicle may be parked temporarily in the zone for the purpose of forming a funeral procession and a truck may be parked temporarily between the hours of 6:00 a.m. and 8:00 p.m. of any business day for the purpose of loading or unloading where access to the premises is not otherwise available.

(Prior Code, § 304.6)

(G) Impoundment. Any County Sheriff’s Department may remove a vehicle from a street to a garage or other place of safety when the vehicle is left unattended and constitutes an obstruction to traffic or hinders snow removal or street improvement or maintenance operation. The vehicle shall not be released until the fees for towing and storage are paid in addition to any fine imposed for a violation of this chapter.

(Prior Code, § 304.7)

(H) Violations. Violations of this chapter shall constitute petty misdemeanors. The County Sheriff’s Department shall enforce the provisions of this chapter and shall issue a notice of violation to offenders on such form as the city may prescribe. If the fine for the violations is not paid within 48 hours of issuance of a notice of violation, the city shall issue a uniform traffic citation and certify the violation to county district court as a petty misdemeanor. Fines for violations shall be established by resolution of the City Council. This division (H) is not intended to limit the authority of the city to remove vehicles as authorized in division (G) above.

(Prior Code, § 304.8)

Penalty, see § 10.99

§ 94.05 STREET EXCAVATIONS.

All excavations in public streets in the city, except when done by city employees or contractor performing work under a contract with the city, shall be done in accordance with this chapter.

(A) Permit required for excavation. No person, except as hereinafter provided, shall make any excavation in a street, alley, sidewalk, or public ground without first having secured a building permit from the city. The city may require that the applicant to fully restore the street to its pre-existing condition.

(Prior Code, § 305.1)

(B) Application and regulations. Application for permits shall be made in writing on the form provided for that purpose by the city. The forms shall set forth the permanent regulations applicable to the permit as prepared by the City Council and as modified with respect to the particular work covered by the permit. The City Council shall prepare the rules and regulations with the respect to excavations as they find necessary to protect the public from injury, prevent damage to public or private property, and minimize interference with the public use of streets, alleys, sidewalks, and public grounds. Any person making an excavation covered by this chapter shall comply with the minimum safety standards established by OSHA.

(Prior Code, § 305.2)

(C) Refilling excavations. Any permittee, except a public utility corporation, shall file with the City Clerk/Treasurer a corporate surety bond in the amount of $500,000, conditioned that the permittee will:

(1) Perform the work in accordance with the applicable ordinances and regulations;

(2) Indemnify the city and hold it harmless from all damage caused in the execution of the work;

(3) Pay all costs and damages suffered by the city by reason of the failure of the permittee to observe the terms of applicable ordinances and regulations or because of negligence in execution of the work; and

(4) The bond shall be approved as to form and legality by the City Attorney. Any permittee, except a public utility corporation, shall furnish proof that the permittee has in existence, an insurance policy protecting her or him from liability to the public, including the city, to an amount equal to the maximum claim the city might be required to pay under M.S. Ch. 466, as it may be amended from time to time.

(Prior Code, § 305.3)

(D) General regulations for excavations. Street excavations shall be made in a manner that will cause the least inconvenience to the public. Provisions shall be made for the passage of water along the gutters and at least one‑half of the traveled portion of the street shall be left open and in good condition for the safe passage of vehicles, unless otherwise provided in the permit. Open excavations shall be guarded with substantial barriers and marked with amber lights or flashing devices and six inches by four inches reflective tape and cones. Pipes or mains exposed to freezing temperatures shall be protected so as to prevent freezing. Any person responsible for exposing a city main or pipe and damages occur related to shall be liable to the city for all damages caused by this freezing and all damages sustained to others entities for which the city may be liable.

(Prior Code, § 305.4)

(E) Refilling excavation. Every street excavation shall be refilled as soon as possible after the work is completed and paving sidewalks and appurtenances shall be replaced in at least as good condition as before the excavation to the satisfaction of the City Engineer. All dirt and debris shall be removed immediately. Any person who fails to comply with these requirements within 24 hours after notice from the city shall be liable to the city for the full cost incurred by the city in remedying the violation and restoring the street, sidewalk, alley, or public ground to its proper condition. The cost shall be an obligation of the surety on the bond of the permittee.

(Prior Code, § 305.5)

(F) Emergency excavations. In case of an emergency or on Sundays or legal holidays, when an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the city which shall grant permission to make the necessary excavation upon the express condition that an application be made in the manner herein provided on or before noon of the following business day.

(Prior Code, § 305.6)

Penalty, see § 10.99

§ 94.06 REMOVAL OF SNOW AND ICE ON ALLEYS, STREETS, AVENUES, OR OTHER PUBLIC PROPERTY.

(A) Restrictions. It shall be unlawful for any private property owner or occupant to push, pile, or otherwise deposit snow or ice from his or her property onto the city’s alleys, streets, avenues, or other public property.

(Prior Code, § 306)

(B) City to remove snow and ice. The city shall give written or oral notice to any property owner or occupant found to be pushing, piling, or depositing snow and ice onto the city streets or alleys or other public property, to remove the ice or snow from the street or alley within 24 hours after the time of notice. After the 24-hour period, the city staff shall remove from the alley or street all snow and ice which may be discovered thereon and which has been determined to have come from adjacent private property. The city shall keep a record of the time necessary for the removal and legal description of the lot or lots adjacent to which the accumulations were found and removed, and shall deliver the information to the Clerk/Treasurer as soon as the work of removal is completed.

(Prior Code, § 306.1)

(C) Cost of removal to be assessed. The city shall calculate the cost of the removal of snow or ice against the lot or parcels of ground abutting on alleys or streets or other public property which were cleared. The sum is to be billed to the appropriate property owner(s). If the bill is not paid within 60 days, the City Clerk/Treasurer shall, upon direction of the Council, certify with the County Auditor the amount for collection as other special taxes are certified and collected. For purposes of this section, the Council shall annually establish by resolution the hourly rate to be applied for removal of the ice and snow by the city staff.

(Prior Code, § 306.2)

(D) Civil suit for cost of removal. The Clerk/Treasurer shall, upon direction of the Council, bring suit in any court of competent jurisdiction to recover from the person owning or occupying land adjacent to which alleys or streets were cleared the cost of the clearing and the cost of suit in a civil action.

(Prior Code, § 306.3)

Penalty, see § 10.99

§ 94.07 ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY.

In accordance with the authority granted to the city under state and federal statutory, administrative, and common law, the city hereby elects pursuant to this section to manage rights‑of‑way within its jurisdiction. A permit is required to work in or alter the right-of-way.

(Prior Code Ch. 310)

CURBS, CURB CUTS, AND DRIVEWAYS

§ 94.20 PERMIT REQUIRED.

All property shall be entitled to at least one driveway access. Single-family uses shall be limited to one driveway access per property unless a variance is approved to allow for a second curb cut. No person shall locate, establish, begin to construct, construct, or alter any curb, curb cut, or driveway on the public streets of the city without first obtaining a permit from the City Engineer as provided by this subchapter; provided, however, that no person doing work for the city under contract with the city on approved plans and specifications shall be required to obtain a permit.

(Prior Code, § 513.01) Penalty, see § 10.99

§ 94.21 APPLICATION FOR PERMIT.

An applicant for a permit hereunder shall file with the City Engineer an application setting forth:

(A) The name and address of the owner and person in charge or possession of the property abutting the proposed work area;

(B) The name and address of the person who will do the work;

(D) Detailed plans of the work proposed to be done;

(E) The estimated cost of the work; and

(F) The other information as the City Engineer shall find reasonably necessary to the determination of whether a permit should be issued.

(Prior Code, § 513.02)

§ 94.22 PERMIT FEES.

Each application shall be accompanied by a permit fee as established by resolution of the City Council. When curbs, curb cuts, or driveways are to be located, established, constructed, or altered simultaneously, only one permit and one permit fee shall be required.

(Prior Code, § 513.03)

§ 94.23 STANDARDS FOR PERMIT ISSUANCE.

The City Engineer shall issue a permit hereunder when the City Engineer finds:

(A) The work will be done according to the standard specifications of the city for the same or similar public work and in accordance with specifications established by the City Engineer for the type of work covered by this chapter;

(B) The curb, curb cut, or driveway proposed will not constitute a traffic hazard or unreasonably impair or interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of ingress to and from adjacent properties;

(D) The person doing the work is properly qualified;

(E) Drainage under and around the proposed driveway is perpetuated in accordance with the subdivision grading plans or matching existing conditions deemed appropriate by the City Engineer; and

(F) Drainage improvements are designed to provide a 25-year storm frequency conveyance capacity or greater with culverts meeting the following requirements:

(1) Minimum diameter of 18 inches;

(2) All culverts require an apron; and

(3) Culvert and apron materials meeting the following requirements:

(a) Reinforced concrete pipe (RCP) and fittings.

1. General requirement. ASTM C76, Wall B with circular reinforcing;

2. Materials. Conform to the requirements of ASTM C76, Wall B with circular reinforcing. O‑ring gaskets shall be synthetic rubber, circular reinforcing in cross-section, and shall conform to ASTM C361;

3. Pipe joints. Bell and spigot ASTM C361;

4. Pipe class. Three or higher; and

5. Marking. Each pipe shall be identified with the name of the manufacturer trade name or trademark and code, identification of the plant, date of manufacture, and the pipe class and specification design.

(b) Corrugated high-density polyethylene pipe (12 inches through 36 inches).

1. General requirement. ASTM F894;

2. Materials. PE plastic compound meeting the requirements of Type III, Class C, Category 5, Grade P‑34 as defined in ASTM D1248 with an established hydrostatic design basis (HDB) of not less than 1,250 psi for water at 73.48EF determined in accordance with ASTM D2837;

3. Pipe joints. Pipe shallhaveintegral wall bell and spigot and elastomeric seal joints. Joints shall conform to ASTM D3212. Joints shall be push‑on type only with the bell end grooved to receive a gasket. Elastomeric seal (gasket) shall have a basic polymer of synthetic rubber conforming to ASTM F477 and be factory installed and chemically bonded to the bell end of the pipe. Natural rubber gaskets will not be accepted;

4. Marking. Each pipe shall be identified with the manufacturer's name, trade name, or trademark, and code from plant location, machine, and date of manufacture; nominal pipe size in inches; the ring stiffness constant classification, and ASTM F894.

1. General requirement. Conform to MnDOT Spec. 3226;

2. Materials.

a. Galvanized Steel: ASTM A929; and

b. Aluminized Steel: ASTM A929.

3. Coating. Asphalt: ASTM A849;

4. Nominal sheet thickness. Twelve gauge; and

5. End sections. Conform with MnDOT Spec. 3226 and MnDOT Spec. 3351.

(Prior Code, § 513.04)

§ 94.24 PERMIT DENIAL.

If a permit is denied, the City Engineer shall forthwith notify the applicant in writing and shall set forth in the notice the reason for denying the permit.

(Prior Code, § 513.04)

§ 94.25 SUPERVISION.

All work for which a permit is granted hereunder shall be subject to the inspection, direction, and supervision of the City Engineer.

(Prior Code, § 513.05)

§ 94.26 ALTERATIONS.

(A) Whenever the safety, movement, or accommodation of vehicular and pedestrian traffic or the use, convenience, and necessity of the public require, the City Engineer may order the owners or persons in possession of abutting property to alter, relocate, close, or discontinue the use of any curb cut or driveway in such manner as the City Engineer finds reasonably necessary under the circumstances.

(B) Notice to alter, relocate, close, or discontinue the use of any curb cut or driveway shall be in writing, shall specify the change to be made, shall state the reasons for the change, shall require compliance within a reasonable time to be specified in the order, and shall be served personally or by registered mail on the owner or person in possession of the abutting property.

(C) Upon failure of the owner or person in possession of the abutting property to comply with the order within the time specified or any authorized extension thereof, the City Engineer shall take such action as deemed necessary with city or other forces to accomplish the purpose of the order.

(Prior Code, § 513.06)

§ 94.27 MAXIMUM DRIVEWAY WIDTH.

(A) No driveway shall be constructed in the city wider than 32 feet at the sidewalk line, the width being measured perpendicular to the direction of travel on the driveway. Adjacent driveways on the same lot or property shall be separated by a distance of at least ten feet.

(B) Notwithstanding the provisions of division (A) (1) above, the Common Council may permit an applicant to construct a driveway wider than 32 feet upon a favorable recommendation from the Director of Public Services. The construction of a driveway wider than 32 feet may be approved by the Council upon the determination that the wider width can safely accommodate entrance and egress of large vehicles or heavy volumes of traffic.

(Prior Code, § 513.07)

§ 94.28 APPEALS TO COUNCIL.

(A) Any person aggrieved by any action taken by the City Engineer, in granting or denying a permit or in ordering the alteration, relocation, closing, or discontinuance of the use of any curb cut or driveway, may appeal to the Council by filing in the office of the Clerk/Treasurer a notice of appeal specifying the rounds thereof.

(B) An appeal shall stay all proceedings in furtherance of the action appealed from. The appeal shall be taken within 30 days of the date of the written notice of the City Engineer denying a permit.

(C) The person appealing shall be given an opportunity to be heard before the Council or before a committee of the Council to which the matter has been referred for review and recommendation. Thereafter, the Council may affirm, reverse, or modify the action of the City Engineer.

(Prior Code, § 513.08)

§ 94.29 INTENT.

It is the intent of this subchapter reasonably to regulate access of abutting property to and from the public streets in order to protect and promote the welfare and safety of the public and the movement of traffic on the public streets and to eliminate unreasonable traffic hazards.

(Prior Code, § 513.09)