10.1 SR 02-21-2023Request for Action
To Item Number
Ma ror and Cinr Council 10.1
Agenda Section Meeting Date Prepared by
Work Session Februar�T 21, 2023 Ryan Sandhoefner, Engineer 1
Item Description Reviewed by
Street Disruption Permitting Process ustin Femrite P.E., Public Works Director
Reviewed by
Cal Portner, Ci r Administrator
Action Requested
Discuss proposed updates and modifications to the cityT's street disruption permit application and ordinance.
Background/Discussion
CityT staff, in consultation with the cityT attorneyT, have been working on updates to the cityT's street disruption
permitting process. This involves both the permit application and Chapter 66 of the cityT's ordinance, more
specificallyT regarding the delayT penaltyT in Sec. 66-62.
The goal of any changes would be to reduce permit noncompliance of street disruption permits which commonly
result in unnecessaryr inconvenience and hazaYd exposure to the public. To combat these trends, monetaryr delay
penalties are proposed for failing to meet basic guidelines of `vorking `vithin city right-of-wayT.
Staff is seeking direction on proposed updates to the permit application and Chapter 66 of the cityT's ordinance.
Financial Impact
None
Mission/Policy/Goal
■ Maintaining and improving the appearance of the communittT.
Attachments
Delay PenaltyT Ordinance Draft Amendments
Street Disruption Permit Draft Amendments
The Elk River Vision
A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional
se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty.
rowEREo ar
�I'1 ����
Up�iited.• August 2020
- CODE OF ORDINANCES
Chapter 66 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Chapter 66 STREETS, SIDEWALKS AND OTHER PUBLIC PLACE51
ARTICLE 1. IN GENERAL
Sec. 66-1. Definitions.
The definitions included in Minn. Stats. § 237.162 and Minnesota Rules 4819.0100 subps. 1 through 23 are
hereby adopted by reference and are incorporated into this chapter as if set out in full.
(Ord. No. 00-09, § 1(1200.02), 4-17-2000)
Cross reference(s)—Definitions generally, § 1-2.
Sec. 66-2. Rights of owners of facilities in vacated right-of-way.
If the city vacates a right-of-way which contains facilities, the facility owner's rights in the vacated right-of-
way are governed by Minnesota Rules 7819.3200.
(Ord. No. 00-09, § 1(1200.18), 4-17-2000)
State law reference(s)—Vacating property, Minn. Stats. § 462.358, subd. 7, 160.29.
Secs. 66-3-66-30. Reserved.
ARTICLE 11. OBSTRUCTIONS OR EXCAVATION51
DIVISION 1. GENERALLY
'Cross reference(s)—Any ordinance levying or imposing any special assessment saved from repeal, § 1-12(10); any
ordinance dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing or
vacating any street saved from repeal, § 1-12(11); any ordinance establishing the grade or any street or
sidewalk saved from repeal, § 1-12(12); consumption of alcoholic beverages in public places, § 6-3; land
development regulations, ch. 30; buildings and building regulations, § 30-61 et seq.; subdivisions, § 30-321 et
seq.; design standards for streets and alleys in subdivisions, § 30-441 et seq.; required improvements on
streets and alleys, § 30-534; required improvements on sidewalks, § 30-536; zoning, § 30-571 et seq.; signs, §
30-851 et seq.; vehicular and pedestrian circulation, § 30-906; peddlers and solicitors, § 38-381 et seq.;
natural resources, ch. 42; parks and recreation, ch. 54; special assessments, ch. 62; traffic and vehicles, ch.
74; designation of through streets and one-way streets, § 74-32; operation of snowmobiles on public streets,
§ 74-155; utilities, ch. 78; vegetation, ch. 82; waterways, ch. 86.
State law reference(s)—General authority relative to streets, Minn. Stats. § 412.221, subd. 6; roads generally,
Minn. Stats. ch. 160.
ZState law reference(s)—One call excavation notice system, Minn. Stats. ch. 216D.
Elk River, Minnesota, Code of Ordinances
(Supp. No. 56)
created: zezz-ie-v ia:az:zi �Esr7
Page 1 of 13
Sec. 66-31. Mapping data.
Each permittee under this article shall provide mapping information required by the city in accordance with
Minnesota Rules 7819.4000 and 7819.4100.
(Ord. No. 00-09, § 1(1200.15), 4-17-2000)
Sec. 66-32. Location of facilities.
(a) Placement, location and relocation of facilities must comply with 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) The city may assign specific corridors 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.
(c) To protect health, safety, and welfare or when necessary to protect the right-of-way and its current use, the
director shall have the power to prohibit or the director 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. 00-09, § 1(1200.16), 4-17-2000)
Sec. 66-33. Right-of-way patching and restoration.
(a) Time limit for completing work. The work to be done under a street disruption permit, and the patching and
restoration of the right-of-way as required in this article, 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 was prohibited as unseasonable or unreasonable.
(b) Responsibility for patching and restoration. The 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, the permittee shall pay the costs thereof within 30
days of billing. If, following such restoration, the pavement settles due to the permittee's improper
backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with having
to correct the defective work.
(2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application
for an street disruption permit post a letter of credit in the amount required by the city.
(3) Payment of 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 patching and restoration according to the standards and with the
materials specified by the city and shall comply with Minnesota Rules 7819.1100.
(Supp. No. 56)
created: zezz-ie-v ia:az:ze �esr7
Page 2 of 13
(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 director, shall correct all restoration work
to the extent necessary, using the method required by the director. The work shall be completed within five
calendar days of the receipt of the notice from the director, 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 director, or fails to satisfactorily and timely complete all restoration required by the director,
the director, at his 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 the permittee fails to pay as required, the city may exercise
its rights under the letter of credit.
(Ord. No. 00-09, § 1(1200.07), 4-17-2000)
Sec. 66-34. Standards for work in right-of-way.
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 other applicable local requirements, insofar as they
are not inconsistent with Minn. Stats. §§ 237.162 and 237.163. Utilities other than sewer, water, and high-pressure
gas transmission mains shall be installed at a depth less than 48 inches.
(Ord. No. 00-09, § 1(1200.10), 4-17-2000; Ord. No. 01-04, § 1(1200.10), 4-16-2001)
Secs. 66-35-66-50. Reserved.
DIVISION 2. PERMIT
Sec. 66-51. Street disruption permit required.
(a) Except as otherwise provided in this Code, no person, except an authorized city employee or a contractor
performing work under a contract with the city, may obstruct or excavate any right-of-way or utility
easement without first having obtained the appropriate permit from the city.
(b) A street disruption 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.
(c) A street disruption permit is required to hinder free and open passage over the specified portion of the 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.
(d) A street disruption permit is required to hook up individual buildings to utilities, such as gas, phone, cable,
etc. This work typically occurs perpendicular to the right-of-way.
(e) A street disruption permit will provide authority to the permittee to excavate and disrupt the right-of-way
for the same project.
(Ord. No. 00-09, § 1(1200.03(1)), 4-17-2000; Ord. No. 01-04, § 1(1200.03), 4-16-2001)
(Supp. No. 56)
created: zezz-ie-v ia:az:ze �esr7
Page 3 of 13
Sec. 66-52. Commencing work without permit.
(a) Emergency situations. Each person with facilities in the right-of-way shall immediately notify the city of any
event regarding its facilities which it considers to be an emergency. The owner of the facilities may proceed
to take whatever actions are necessary to respond to the emergency. 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 article 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) Nonemergency 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 the permit, pay double all the other fees required by this Code, 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 article.
(Ord. No. 00-09, § 1(1200.12), 4-17-2000)
Sec. 66-53. Application.
An application for a permit under this division shall contain the following and will be considered complete
only upon compliance with the requirements of the following provisions:
(1) Submission of a completed permit application form, including all required attachments, 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:
a. Each permittee's name, Gopher One-Call registration certificate number, address and e-mail
address, if applicable, and telephone and facsimile numbers shall be included.
b. The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a
local representative shall be included. The local representative or designee shall be available at
all times. Current information regarding how to contact the local representative in an emergency
shall be provided at the time of registration.
c. A certificate of insurance or self-insurance shall be included meeting the following requirements:
1. Verifying that an insurance policy has been issued to the permittee by an insurance
company licensed to do business in the state, or that the permittee has a form of self-
insurance acceptable to the director.
2. Verifying that the permittee is insured against claims for personal injury, including death,
as well as claims for property damage arising out of the use of the right-of-way by the
permittee and its officers, agents, employees and permittees, and placement and use of
facilities and equipment in the right-of-way by the permittee or 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.
3. Naming the city as an additional insured as to whom the coverages required in this section
are in force and applicable and for whom defense will be provided as to all such coverages.
(Supp. No. 56)
created: zezz-ie-v ia:az:ze �esr7
Page 4 of 13
4. Requiring that the director be notified 30 days in advance of cancellation of the policy or
material modification of a coverage term.
5. Indicating comprehensive liability coverage, automobile liability coverage, workers'
compensation and umbrella coverage established by the director in amounts sufficient to
protect the city and public and to carry out the purposes and policies of this article.
d. The city may require a copy of the actual insurance policies.
e. If the person is a corporation, a copy of the certificate required to be filed under Minn. Stats. §
300.06 as recorded and certified to by the secretary of state shall be submitted.
f. A copy of the person's order granting a certificate of authority from the state public utilities
commission or other applicable state or federal agency shall be submitted where the person is
lawfully required to have such certificate from the commission or other state or federal agency.
g. A letter of credit in favor of the city in the amount determined by the city shall be submitted. The
city will draw upon such letter of credit if the permittee fails to restore the right-of-way in
compliance with the permit as allowed in section 6633(e).
(2) Payment of money due the city for:
a. Permit fees, estimated restoration costs and other management costs.
b. Prior obstructions or excavations.
c. Any undisputed loss, damage, or expense suffered by the city because of the applicant's prior
excavations or obstructions of the right-of-way or any emergency actions taken by the city.
d. Franchise fees or other charges, if applicable.
(3) Permits will be limited to and issued for each quarter/quarter section (40 acres) of the city in which
work is being done. Larger work areas shall be divided into quarter/quarter section areas and permits
obtained for each.
(Ord. No. 00-09, § 1(1200.04), 4-17-2000; Ord. No. 01-04, § 1(1200.04), 4-16-2001)
Sec. 66-54. Indemnification of city.
By applying for and accepting a permit under this division, a permittee agrees to defend and indemnify the
city in accordance with the provisions of Minnesota Rules 7819.1250.
(Ord. No. 00-09, § 1(1200.19), 4-17-2000)
Sec. 66-55. Supplementary applications for additional area or dates.
(a) Additional area. A street disruption permit is valid only for the area of the right-of-way specified in the
permit. No permittee may do any work outside the area specified in the permit, except as provided in this
article. Any permittee who determines that an area greater than that specified in the permit needs to be
obstructed or excavated must, before working in that greater area:
(1) Make application for a permit extension and pay any additional fees required thereby; and
(2) Be granted a new permit or permit extension.
(b) Additional dates. A street disruption permit is valid only for the dates specified in the permit. No permittee
may begin his work before the permit start date or, except as provided in this article, continue working after
(Supp. No. 56)
created: zezz-ie-v ia:az:ze �esr7
Page 5 of 13
the end date. If a permittee does not finish the work by the permit end date, he must apply for a new permit
for the additional time he 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. 00-09, § 1(1200.08), 4-17-2000)
Sec. 66-56. Issuance.
If the applicant for a permit under this division has satisfied the requirements of this article, the director shall
issue a permit.
(Ord. No. 00-09, § 1(1200.05(1)), 4-17-2000)
Sec. 66-57. Denial.
The city may deny a permit required by this division for failure to meet the requirements and conditions of
this article 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.
(Ord. No. 00-09, § 1(1200.09), 4-17-2000)
Sec. 66-58. Conditions.
The director may impose reasonable conditions upon the issuance of a permit under this division 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.
(Ord. No. 00-09, § 1(1200.05(2)), 4-17-2000)
Sec. 66-59. Fees.
(a) Costs covered by fees. The fee for a permit issued under this division shall be in an amount sufficient to
recover the following costs:
(1) The city management costs.
(2) Degradation costs, if applicable.
(3) Emergency response costs. Persons working in the right-of-way with or without permits shall
reimburse the city for actual costs incurred while responding to an emergency call relating to damage
to a utility located within the right-of-way.
(b) Establishment. The city shall establish the obstruction permit fee, and the fee shall be in an amount sufficient
to recover the city management costs.
(c) Payment. No street disruption permit for excavation or obstruction shall be issued without payment of street
disruption permit fees in the amount established by resolution. The city may allow the applicant to pay such
fees within 30 days of billing.
(d) Refunds. Permit fees that were paid for a permit that the director has revoked for a breach as stated in
section 66-66 are not refundable.
(Supp. No. 56)
created: zezz-ie-v ia:az:ze �esr7
Page 6 of 13
(e) Fees additional to franchise fees. 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.
(f) Conformance with state rules. All permit fees shall be established consistent with the provisions of
Minnesota Rules 7819.100.
(Ord. No. 00-09, § 1(1200.06), 4-17-2000; Ord. No. OS-06, § 1, 3-21-2005)
Sec. 66-60. Extensions.
No person may excavate or obstruct the right-of-way beyond the date specified in the permit unless such
person makes a supplementary application for another right-of-way permit before the expiration of the initial
permit, and a new permit or permit extension is granted.
(Ord. No. 00-09, § 1(1200.03(2)), 4-17-2000)
Sec. 66-61. Rights reserved by city.
A permittee's rights under this article are subject to the regulatory and police powers of the city to adopt and
enforce general ordinances necessary to protect the health, safety and welfare of the public.
(Ord. No. 00-09, § 1(1200.22), 4-17-2000)
Sec. 66-62. Delay penalty.
In accordance with Minnesota Rules 7819.1000, subp. 3, and notwithstanding any provision of this article,
the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction,
patching, or restoration. T,TM� �'���'�'�," �� ��',"''�'���' "., ����'.�':^� q person shall be sublect to a fee or
penaltv for violation of this ordinance when an obstruction of the riaht-of-wav exists bevond the date specified in
the permit, is performin� non-emeraencv work in the riQht-of-wav without havinQ been issued a permit or when a
person causes the citv to incur costs as a result of actions or inactions of a qerson.
The citv herebv establishes a delav qenaltv for unreasonable delav in right-of-wav excavation, obstruction,
patchinQ, or restoration. A delav penaltv will not be imqosed for delays due to force maieure, includina inclement
weather, civil strife, acts of God, or other circumstances beyond the control of the permit holder.
The delav qenaltv for violation of this ordinance will be levied dailv for as IonQ as the violation occurs. The
amount of the delav qenaltv will be qassed uqon the followinQ for each circumstance, which reflects the
unnecessary inconvenience and hazard exqosure to the qublic.
Traffic Control. The qermit holder shall, within 1 calendar dav of comqletion of work, retrieve all traffic
control associated with the permit. Failure to remove any traffic control devices from riQht-of-way shall
result in a monetary penalty of $100 per day, up to seven days. If any obstruction remains in ri�ht-of-way
after seven days, city staff will remove the hazards and notify the permit holder of their new location.
Collection. The qermit holder will incur a fee for all staff and epuiqment hours utilized to retrieve the
hazards. calculated at a rate consistent with the most recent citv fee schedule.
Storape. The qermit holder will incur a fee of 5100 qer dav for anv hazards stored in citv facilities.
Restoration. The permit holder shall, within 1 calendar day of completion of work, perform any necessary t- -- Formatted: Indent: Left: 0.33", First line: 0"
patchins or restoration work as sqecified within the qermit. Failure to correct anv damased infrastructure
within the riaht-of-wav shall result in a monetary qenaltv of $200 per dav, uq to three days. If after three
(Supp. No. 56)
created: zezz-ie-v ia:az:zi �Esr7
Page 7 of 13
days the hazard still exists, the city shall initiate restoration. All staff hours used to procure a contractor,
facilitate restoration and inspection will result in a monetary penalty to the permit holder calculated at a rate
consistent with the most recent city fee schedule.
(Ord. No. 00-09, § 1(1200.03(3)), 4-17-2000)
Sec. 66-63. Notification of change in dates of work.
If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the
permit, the permittee shall notify the director of the accurate information as soon as this information is known.
(Ord. No. 00-09, § 1(1200.13), 4-17-2000)
Sec. 66-64. Inspections; authority to stop work.
(a) Notification of comp/etion of work. When work under any permit issued under this division is completed, the
permittee shall furnish a completion certificate in accordance with Minnesota Rules 7819.1300.
(b) Duty to permit inspection. The permittee shall make the work site available to city personnel and to all others
as authorized by law for inspection at all reasonable times during the execution of and upon completion of
the work.
(c) Authority to stop work.
(1) At the time of inspection, the director 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 director 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 permittee shall present proof to the director that the violation has been corrected. If such
proof has not been presented within the required time, the director may revoke the permit pursuant
to section 66-66.
(Ord. No. 00-09, § 1(1200.11), 4-17-2000)
Sec. 66-65. Posting.
Permits issued under this division shall be conspicuously displayed or otherwise available at all times at the
indicated work site and shall be available for inspection by the director.
(Ord. No. 00-09, § 1(1200.03(4)), 4-17-2000)
Sec. 66-66. Revocation authorized; grounds; procedure.
(a) Authorized; grounds. The city reserves its right, as provided in this article, to revoke any street disruption
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 the permittee
shall include, but shall not be limited to, the following:
(1) The violation of any material provision of the street disruption permit;
(Supp. No. 56)
created: zezz-ie-v ia:az:zi �esr7
Page 8 of 13
(2) An evasion or attempt to evade any material provision of the street disruption 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 street disruption 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 66-64.
(b) Notice. If the city determines that the permittee has committed a substantial breach of a term or condition
of any statute, ordinance, rule, or 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 in this section, 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. 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) Reimbursement of city's 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. 00-09, § 1(1200.14), 4-17-2000)
Sec. 66-67. Review of denial, revocation or fee imposition.
A right-of-way user that has been denied registration, has been denied a permit, has had permit revoked, or
believes that the fees imposed are invalid may have the denial, revocation, or fee imposition reviewed, upon
written request, by the city council. The city council shall act in a timely manner on a written 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. 00-09, § 1(1200.20), 4-17-2000)
Secs. 66-68-66-90. Reserved.
ARTICLE III. AWNINGS AND MARQUEES
DIVISION 1. GENERALLY
Sec. 66-91. Maintenance.
All marquees and fixed awnings shall be maintained in good repair and all exposed parts thereof requiring
such maintenance shall be painted, or other coating shall be regularly, and at least once every three years, applied.
Whenever in the opinion of the building and zoning administrator any such marquee or fixed awning shall have
become dangerous for any reason, the building and zoning administrator shall serve notice, in writing, upon the
owner or tenant of the premises involved, which notice shall specify the reasons for such danger, and which notice
(Supp. No. 56)
created: zezz-ie-v ia:az:zi �esr7
Page 9 of 13
shall order such owner or tenant, within 30 days thereafter, to repair or otherwise alter the marquee or fixed
awning, to correct such condition or to remove entirely any such marquee or awning.
(Code 1982, § 1202.06)
Secs. 66-92-66-110. Reserved.
DIVISION 2. PERMIT
Sec. 66-ili. Required.
No person shall install, construct or rebuild any awning or marquee on any structure or building in the city
when such awning or marquee projects onto any street, avenue, public right-of-way or public sidewalk without
first obtaining a permit therefor from the building and zoning administrator.
(Code 1982, § 1202.00)
Sec. 66-112. Application; fee.
(a) No permit shall be issued for the construction of any marquee or awning except upon submission of a
written application therefor, which application shall contain at least the following:
(1) The legal description of the premises involved.
(2) Plans and specifications for such proposed awning or marquee.
(3) The name and address of the person whom it is proposed will actually construct such awnings or
marquees.
(b) The permit application shall be accompanied by the payment of a fee as established by resolution.
(Code 1982, § 1202.02)
Sec. 66-113. Conditions.
Permits for construction of a marquee or awning shall be issued subject to at least the following conditions:
(1) No awning shall project into or over any public right-of-way or sidewalk a distance of more than six feet
when lowered for use. The lowest part or metal frame of such awning shall be not less than seven feet
above the level of the sidewalk, and no part of any awning shall be less than six feet six inches above
such sidewalk.
(2) Every marquee or fixed awning shall have its framework constructed of inetal and shall be so designed
as to sustain a load of at least 50 pounds per superFicial foot of its upper surface. Whenever glass is
used as the construction for any such marquee or fixed awning it shall be wire glass and not less than
three-eighths inch in thickness. No marquee or fixed awning shall be so erected as to project to within
less than 20 inches of the outer curbline on any street, avenue, or thoroughfare, and if the roadway of
any such street, avenue, or thoroughfare is at any time widened, all existing marquees of fixed awnings
extending or projecting over such adjacent street, avenue, or thoroughfare as thus widened shall be at
once either removed or altered in conformity with the requirements of this subsection. No marquee or
fixed awning shall be at any point constructed at a height less than eight feet above the sidewalk and
each marquee or fixed awning shall be provided with proper gutters and leaders to conduct water from
(Supp. No. 56)
created: zezz-ie-v ia:az:zi �esr7
Page 10 of 13
its roof, either directly into the gutter or into the building, and no such water shall be allowed to flow
onto any part of the public sidewalk. If it is proposed that any such marquee or fixed awning be
supported at its outer edge or side by columns or posts, they shall be of inetal and shall be placed 20
inches from the outer curbline.
(3) A marquee or fixed awning may be supported by properly designed and properly anchored cantilever
beams extended into the building, or by chains or steel rods properly fastened to the outside or front
of such building and extended from there at an angle of at least 40 degrees with the horizontal plane,
to the wall of such building, and there securely anchored to the wall, and to the floor or roof
construction or the columns of such building. Whenever any such marquee or fixed awning is
supported by chains or steel rods, as provided in this subsection, the diameter of the metal of the links
composing such chains or such rods shall be not less than seven-eighths inch. Supporting chains or rods
shall be not less than two in number, and more shall be provided whenever, in the opinion of the
building and zoning administrator, they are required to ensure the public safety and welfare.
(Code 1982, § 1202.04)
Secs. 66-114-66-140. Reserved.
ARTICLE IV. STREET NAMES AND BUILDING NUMBER53
Sec. 66-141. Uniform system continued; applicability.
There is hereby continued as heretofore established, and hereby instituted so far as practicable for the
future, a uniform house numbering and street naming system in those portions of the city which compose the pre-
consolidation City of Elk River (referred to in this article as the "former city") and a uniform street naming system
in those portions of the city which compose the pre-consolidation Township of Elk River (referred to in this article
as the "former township"), and all houses and other principal buildings therein shall be numbered and all public
streets and other public thoroughfares therein shall be named in accordance with the provisions of this article.
(Code 1982, § 1204.00)
Sec. 66-142. House numbering system.
(a) The section line along which the east former city limits line is located, being the east line of Section 34,
Township 33 North, Range 26 West, shall be the east baseline. House numbering on streets having an east-
west alignment shall start at the east baseline and continue progressively west from this baseline.
(b) The section line along which the south former city limits line is located, being the south line of Sections 33
and 34, Township 33 North, Range 26 West, shall be the south baseline. House numbering on streets having
a north-south alignment shall start at the south baseline and continue progressively north from this baseline.
(c) House numbering on each street shall begin at the baseline. Numbers shall be assigned on the basis of 1,000
possible numbers to each mile or between established section lines, and, where practical, a number on one
side of a street shall be assigned for every 20 feet of frontage area with a building assigned the number of
the 20-foot interval in which the main building entrance falls. Grid lines and existing blocks, as shown on the
3Cross reference(s)—Buildings and building regulations, § 30-61 et seq.
State law reference(s)—Authority to name streets and number buildings, Minn. Stats. § 412.221, subd. 18.
(Supp. No. 56)
created: zezz-ie-v ia:az:zi �esr7
Page 11 of 13
house numbering map established under section 66-143, shall indicate where numbering changes from one
"hundred" to the next higher "hundred."
(d) Each principal building shall bear the number assigned to the frontage on which the main front entrance is
located. For a building occupied by more than one business or dwelling unit, each separate front entrance
shall bear a separate number. Several entrances to nonresidential buildings may bear separate numbers if
approved by the building and zoning administrator.
(e) All buildings on the righthand side of each street, progressing from the baseline, shall bear even numbers. All
buildings on the lefthand side of each street, progressing from the baseline, shall bear odd numbers.
(Code 1982, § 1204.02)
Sec. 66-143. Assignment of numbers; house numbering maps; placement of numbers.
(a) It shall be the duty of the building and zoning administrator to enforce the provisions of this article, to assign
numbers to present and future buildings, and to keep current a house numbering map and other needed
maps or plats where assigned numbers are designated and future numbers are indicated. At least one copy
of the house numbering map shall be available at the offices of the city for inspection by all persons. The
building and zoning administrator shall cause the numbers so designated to be placed on the house
numbering map in such manner as to conform with the provisions of this article and shall further cause any
existing nonconforming numbers to be removed.
(b) Such numbers shall be placed on existing buildings within 20 days after the assigning of the proper numbers.
Such numbers, which shall be paid for by the owner of the building or his agent, may be obtained from the
city administrator at such price as shall be established by the city from time to time, or from any other
source offering suitable numbers for such purpose. Numbers shall not be less than three inches in height and
shall be made of a durable and readily visible material. Numbers shall be placed immediately above, on or at
the side of the proper door so as to be clearly visible from the street line. For a building set back more than
50 feet from the street property line, such numbers may be placed near the walk, driveway or entranceway
to such building, upon a post, fence, tree or other suitable place, so as to be clearly visible from the street
line.
(c) No building permit shall be issued for any building until the owner or his agent has first secured the assigned
number for such building. Final approval of any building erected, repaired, altered, enlarged or moved shall
be withheld by the building and zoning administrator until assigned numbers have been placed upon the
building as required by this article.
(d) The city council and all responsible city officials shall promote the continuation of the house numbering
system and street names established under this article and heretofore in all portions of the city.
(Code 1982, § 1204.04)
Sec. 66-144. Street naming system; street name map.
There is hereby established an official system of street names in the city, as shown on the map entitled
"Street Name Map, City of Elk River, Minnesota," dated 1982, copies of which are available for inspection at the
offices of the city. Names of public streets shall be as shown on the map, which shall supersede existing
nonconforming street names. Nonconforming street name signs shall be removed and replaced by conforming
signs of conforming size, lettering, height and mounting location.
(Code 1982, § 1204.06)
(Supp. No. 56)
created: zezz-ie-v ia:az:zi �esr7
Page 12 of 13
(Supp. No. 56)
created: zezz-ie-v ia:az:zi �esr7
Page 13 of 13
�
��� �
STREET DISRV PTION
Permit A��lication
City of Elk River
Building Sa fety Division
13065 Orono Parkway NW . Elk River, MN 55330
763.635.1060 . E-mail: Building�a ElkRiverMN.gov
Construction Type: ❑ New ❑ Repair ❑ Other
The Applicant Is: ❑ Utility Company ❑ Sub-Contractor ❑ Other
Utility Company:
Business Name Phone
Address City
Contact Name Contact Phone
Email
Sub-Contractor:
Business Name
Addiess
Phone
Email
Cit�r
Cell
Date:
Office Use Onlv
Notes ❑ - Scan
Permit Total:
�
Permit #•
State Zip
GSOC Registiation #
State Zip
Payment Options:
� Call me for credit card payment (If different than above, please note: Phone:
� Send Check (Please make checks payable to the Cit�r of Elk River�
❑ Pay in person via Credit Card, Check, ar Cash
Receipt of Permit Options:
� Email permit (If different than above, please note: Email : �
� Pick up in person (All permits with plans needs to be picked up�
"�!»�_F���Z•7'uI�A���•��:1�:��1�7�•7y_\»AC�1_r�C•7`►�
Office Use Onlv
�PProved U��: Date: Email �pp. & Streets � Log � Lasertiche � Org. to FiLe 1llaishal �
Called ❑ oi L/l-7 ❑ Date: Int. Lastb7odified 01/2018
Legal Description of Address and/Street:
Description of Start and End Point :
Detailed description of work:
Utility Type: ❑ Cable/Phone ❑ Gas ❑ Electric ❑ Other
Method of Construction: ❑ Trench ❑ Bore ❑ Aerial ❑ Hole ❑ Chamber ❑ Plow ❑ Other
Note: Installation of utilities deeper than 48 inches is prohibited without specific approval from the City of Elk River.
Will construction disrupt the street surface*: � Yes Q No
Will construction disrupt City sidewalks and/or trails*: Q Yes � No
*If yes, a Street Barricade Plan and/or Repair Plan must be attached
Construction Schedule:
Estimated Start Date: Estimated Ending Date: (Maximum 90 day window)
* iVlust call 2 business da�rs prior to beginiung construction *
*** If woik has not begun within 45 da�rs of estimated start date, this permit is null and void ***
Required Submittals for Permit:
■ Two sets of plans to scale
■ If applicable, Street Baericade and Street Repaie Plans
■ �5,000 Escrow in favor of the Citv of Elk River
■ Name(s) and proof of Gopher State Training (minimum one person per crew required)
If a Facility is Hit:
■ Evacuate the area if a dangerous situation has been created
■ Call 911 on all faciiinr hits
■ Call the utilitv vou hit
Special Provision Required by the City of Elk River:
Erosion control BMP's (inlet protecrion, etc) must be used during the project. Disiupted soils must be stabilized immediately upon
completion of the project.
---------------- This is an application for a permit — It is not valid until processed
I hereby appl� for a Street Disruption permit, and I acknowledge that the information above is complete and accurate. I understand tlus is not a permit
and work is not to start without a permit.
I herebp agree to conform strictl� to the provisions of the Citn of Elk River Code of Orclinances Section 1200 and applicable Nlinnesota State Statute,
whether or not specified in the perinit, together with special provisions required by the Cit� in the perinit issued.
I understand that failure to adhere to these provisions is grounds for re�ocation of the permit.
A copy of this permit shall be present on the job site whenever work is being conducted
Signature of Contractor/Responsible Party Print Name Date
Signature of Authorizing City Official & Title Print Name Date