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1988-09-19 CC Agenda/Packetn CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 CITY COUNCIL AGENDA SEPTEMBER 19, 1988 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA * III. APPROVAL OF THE MINUTES IV. COMMUNITY FORUM 7:05 Jaycees --Limited 3.2 Beer Licenses for: October 21 Firemen's Fun Night November 12 Fall Dance 7:30 Joint Power's Update 7:45 David Wolf and Ken Barthel --Apartment Complex Update 8:00 Public Hearing on Bruce Zachman Subdivision (Please note that the Savitski hearing needed to be cancelled since information is not available) V. DEPARTMENT BUSINESS a. MAINTENANCE ITEMS Project Updates - Heater for Wastewater Treatment Facility b. LEGAL * - Amendment To Sign Ordinance * - Approval of Subdivision Regulation - Approval of Other Resolutions C. ENGINEERING - Project Updates d. ADMINISTRATION * - Income Received and Bills to be Paid - Purchase of Office Furniture --Computer Furniture Filing Cabinet Make our City ........ Your City We invite Home, /ndustrv, Business t COUNCIL AGENDA PAGE 2 - Change the Date of Public Hearing on Special Assessment for: Barthel Manor 2nd Addition Westwind Braun"s Addition - Change Public Hearing on Other Types of Assessments - Change the Public Hearing on Budget - Approval of Building Permits PERMIT f TYPE OF NAME CONSTRUCTION ADDRESS AMOUNT OF _ PERMIT * 33 MARK BAUER DECK 11422 54 1/2 $ 36.00 * 34 JOHN RADEMACHER ALTERATIONS 11564 57TH ST. 43.50 * 35 ROBERT WACKER'' DECK 5289 LANNON AVE. 43.50 36 PARTICLE CONTROL ADDITION 6062 LAMBERT AVE. 137.80 37 CLEM MARX CHIMNEY 5479 MAIN AVE. 18.00 38 BARTHEL CONST. NEW HOME 5697 LANNON AVE. 1,276.45 * 39 ST. MICHAEL OIL GAS STATION BID & LARGE AVE. 2,121.95 40 HOUCK ADV. SIGN PERKINS SIGN 136.30 41 ST. MICHAEL OIL MISC. BID & LARGE AVE. 208.00 42 GARDNER BROS. ON -SITE SIGN DARKENWALD SITE 218.30 - Other Business VI. MEMBERS REPORTS VII. OTHER BUSINESS VIII. ADJOURNMENT t CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 OOUNCIL MINWES SEPTEMBER 19, 1988 The regt.alar meeting of Albertville City Council was called to order by Mayor Loretta Roden. Members present included Bob Braun, IXin Cornelius and Gary Schwenzfeier. Council member Donatus Vetsch was absent. Others present included Maureen Andrews, Bob Miller, Thore Meyer, Ken Lindsay and Lorie Villareal. The =.*.enda for the evening's meeting was reviewed by the Council. Ion Cornelius made a motion and Bob Braun seconded it to approve the agenda. All were in favor and the motion carried. Prior to the approval of the September 6th Council minutes, a correction needed to be made. The minutes stated that when doing the sewer line cleaning, the two lift stations had been cleaned at no charge. The minutes should have stated that one lift station and one catch basin were cleaned at no charge. Bob Braun then made a motion to approve the September 6th Council minutes with corrections. Don'Cornelius seconded the motion. All were in favor and the motion carried. The Albertville Jaycees are requesting a limited 3.2 beer license for the Fireman's Fun Night on October 21st and for the Fall Dance on November 12th. Gary Schwenzfeier made a motion and Don Cornelius seconded it to approve the license for the Fireman's Fun Night on October 21st pending application and payment. All were in favor and the motion carried. -1 Don Cornelius made a motion and Bob Braun seconded it to approve the license for the Fall Dance on November 12th pending application and payment. Make our Citv ........ Your Cit v We invite Home, /ndustrv, Business All were in favor and the motion carried. As an update item the Council again discussed the capping of the abandoned water well in Albertville. At an earlier meeting, there had been some -� discussion about Joint Power's legal ability to sell the equipment from the well when they currently hold a 99 year lease on the land, water tower and all the appertances. In an effort to resolve the ownership issue of the pumps so that Joint Power's can complete the capping process, the City agreed to sell the equipment from the wells for a nominal fee. Don Cornelius made a motion to sell the pumps to Joint Power's for $1.00. Gary Schwenzfeier seconded this motion. All were in favor and the motion carried. David Wulf and Ken Barthel, of Barthel Construction, were not present at the meeting to present to the Council a courtesy update on the apartment complex because of a conflict with the architect. However, Rod and Geri Ulen and Sandy Bongaarts, residents of LaSalle Circle, were present to voice their feelings on the construction of this apartment complex. They do not like the idea of having to look at apartment buildings across their backyards. Mr. Ulen expressed his concern as to why apartments were being built in an area of more expensive homes and why wasn't the developers phasing down the structures (ie: apartments, townhomes). He felt that duplexes would instead be more suitable for the area. Other concerns expressed by the residents were: what would apartments do to the value of their homes? Where are the kids going to play? What about the 51st Street Park? Are these aparmtents going to be low income? And what, if anything, can they as residents do to prohibit the construction? The Council pointed out to the residents present that the type of housing being proposed in the multiple housing district is appropriate, in fact, multiple housing usually serves as a buffer between industrial development and single family housing. It was also pointed out to the residents that the project in question is being located on a parcel of land that has been zoned for multiple housing since the City accepted the plat of Barthel Industrial Park subdivision. The Council also addressed the concerns of the residents about what can be done to prohibit the development. The Council explained that because the property is zoned correctly and that the developer is meeting the requirements of the City ordinances in that project, there is nothing the City can do to deny the issuing of the permit. i The City attorney addressed the issupof neighbors preferring townhomes to an apartment buildino and why the City/could not require the construction of those. Bob explained that the duplex is a form of multiple housing which would be allowed but pointed out that the construction of these is not very feasible at this time because of recent tax changes. Todays market trends are making the apartment more desirable for a developer to build. It was again pointed out that the developer is following the process prescribed by the City and that the apartments are an acceptable use in the zoning district. PAGE 2 To address the question regarding whether or not the apartments are going to be "low income" it was pointed out that the apartments were being financed with Farmer's Home Administration (FmHA) money which means that the construction loan .is subsidized, which differs from earlier programs where rents were subsidized. Under the current program the developer of the project receives financing which has a lower interest rate and requires a smaller down payment which may or may not impact the rent charge for a unit. It should also be pointed out that in order to qualify for these apartment an applicant's income must fall between minimum and maximum guidelines. This provides for a more moderate priced building which gives the builder more opportunity to keep rents more marketable. There was also some discussion about screening and some type of seperation between the multiple family lot and the single family lots. It was pointed out that the developer had agreed to provide trees on the property to provide some screening. It was suggested that the City could request some type of fencing along the back property line to seperate the parcels. This will be further discussed with the developer at the next meeting of the Council. The development of the 51st Street Park, though not related to the development of the apartments, was discussed. The residents were informed that plans have been established for the park but that the Park Board is attempting to generate the funds needed to complete the development. It was pointed out that funds will be expended yet this year for site grading. As there were no other comments at this time, it was decided to continue the discussion at the next regular Council meeting when the developers would be present. The Council next heard from the Maintenance Department. Ken informed the Council that the ditch by the railroad tracks was dug out by Meiny's Diggers last week. Burlington Northern Railroad will come in and clean out the brush and pile it up. Meiny did a good job of cleaning out the ditch and the area will look even better once the brush is out. The minutes should note that Mrs. Sobrack, a resident of 57th Street, is concerned that when the ditch was dug out, her corner stakes were either buried or ripped out. Also, possibly one of the trees on her property was taken down. She just wanted the City to be aware of what happened. Ken and Council member Don Cornelius will look at the area and will discuss with the property owner. f,oren Merges has agreed to take the wood from the dead trees in town if Ken will help to load. The poplar trees by the watertower and the Menzel property need to be either topped or cut down. (NSP will top if they are in the area, but PAGE 3 won"t cut them down). The Council agreed that the trees are at least 20 years old and need to be cut down. Ken will have Loren take a look at the trees. He probably will take down for the wood. The City will wait until later in the fall to take down the tree on Gary Barthel`s property. Loren will again be taking the wood. T & S Trucking will be out to clean the streets next week. They have been busy but will be out as soon as they can. Ken next addressed the Council about the heater for the building out at the Wastewater Treatment Facility. A quote from Federated Coop called for a 75 thousand BTU 110 Volt heater with a propane tank for $625.00 which would include complete hookup, vent and thermostat. Ken informed the Concil that LP gas cost .62/gallon and the lease of the tank is $1.00 the first two years and $10.00 every year after that. It was the feeling of the Council that a 75 thousand BTU unit might riot be big enough to heat the building to at least 50 degrees in order to keep the chemical alum from freezing. Even with the circulation from a possible ceiling fan, the unit may not be serviceable enough . The Council suggested that Ken have DJ"s go out and look at the building and give an estimate on how large of a unit would be needed t:) heat the building properly. Let the minutes show that this is not a 1988 budget item and the City cannot continue to keep taking out of operations to pay for these items. The heater should be a 1989 expense budget item. PAGE 4 -7//elg,? Ken next informed the Council that tie had been approached by someone wanting to know if the City would be interested in purchasing solid waste compost to use for fertilizing top soil. He, personally, was not impressed and did not feel it was a good investment. Ken again brought the issue of Mikes wages before the Council but was told that wage increases had not yet been discusses at budget meetings. Don Cornelius proposed giving Mike .50 more per hour but it was decided that no decision would be made until after budget meetings. Thore updated the Council on the construction progress within the City. Things are winding down on the Westwind project. The final punch list will be prepared and the work scheduled to be completed. The last lift of blacktop is scheduled to be put on the right turn lane. A temporary flushing hydrant was put at the end of the construction location in order to flush the main line. This hydrant has now disappeared and nobody seems to know what happened to it. Barthel Manor, 1st Addition, will be cleaned and finished. A retaining wall should have been put up in Barthel Manor, 2nd Addition, on the south side of the bank that comes off the street by Dennis Fehn. It was on the original proposal but was never built. Meyer-Rohl.in will require Barthel to install a wood timber two section retaining wall 10 to 12 feet high since the area is quite steep. It is Barthel's problem, however, they have requested Meyer-Rohlin to look in to it. The wall will be 5 1/2 x 5 1/2 , 44 inches high and will cost $10,547.00. Thore expressed that it is a requirement and it has to go in one way or the other and that they would like to get started as soon as possible. There was some discussion that the sewer and water project has not yet been assessed so it has not been determined whether or not there are any contingency funds left. This will be determined at budget meetings. If the PAGE 5 money is there and the Council agrees the work can be started. A motion was made by Bob Braun and seconded by Don Cornelius to open the public hearing on the Bruce Zachman subdivision. All were in favor and the hearing opened. Maureen Andrews then read the Notice of Public Hearing on the Bruce Zachman subdivision. The sign up sheet was passed around. Brian Bebeau called the Planning Commission members to order. Members present included Don Berning, Kevin Mealhouse and Brian Bebeau. Members absent included Mark Daleiden and Donatus Vetsch. There was a general discussion amongst all the members concerning the fact that when sewer and water becomes available, the City will require the area to be hooked up. This should be noticed to the future purchasers which can be done by a protective covenance which stays with the property. In addition, parkland dedication money was discussed. The property owner will be required to pay to the City $340.00 for park development. It was suggested that a requirement be made in resolution form to approve the Zachman preliminary plat. Don Berning made a motion and Kevin Mealhouse seconded it to adjourn the Planning Commisiion. All were in favor and the motion carried. Don Cornelius made a motion and Gary Schwenzfeier seconded it to close the public hearing. All were in favor and the motion carried. Planning Commission member Kevein Mealhouse made amotion to recommend to the Council that the preliminary plat for the Bruce Zachman subdivision be approved subject to the stipulations of the protective covenant on the sewer and water hookup and the payment of $340.00 for parkland. Don Berning seconded the motion. All were in favor and the motion carried. Gary Schwenzfeier made a motion and Bob Braun seconded it to apprve the preliminary plat for the Bruce Zachman subdivision subject to the stipulations of the protective covenants on the sewer and water hookup and the payment of parkland dedication money. All were in favor and the motion carried. The Council was informed that the Savitski project was not ready for public hearing and that the hearing should be continued to a later date. It was pointed out that a motion was needed to continue the hearing and approval of the preliminary plat until the October 3rd meeting. I Bob Braun made *otion and Don Cornelius seconded it to continue the public hearing on the Savitski project until the October 3rd meeting at 8:00 p.m. All were in favor and the motion carried. A motion was made by Don Cornelius and seconded by Gary Schwenzfeier to approve Resolution 1988-7. (A RESOLUTION ON PUBLIC HEARING ON PROPOSED WATER, SANITARY SEWER, STREET AND STORM SEWER IMPROVEMENT NO. 1988-7). All were in favor and the motion carried. PAGE 6 A motion was made by Don Cornelius and seconded by Bob Braun to approve the amendment to the Sign Ordinance 1988-8. All were in favor and the motion carried. The approval of the Subdivision Regulations was tabled until the October 3rd meeting. A notion was then needed to approve these resolutions: RESOLUTION DETERMINING TOTAL ESTIMATED COST AND ORDERING PREPARATION OF ASSESSMENT ROLLS FOR STREET IMPROVEMENT NO 1988-1A. RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR STREET IMPROVEMENT NO 1988-1A. RESOLUTION DETERMINING TOTAL ESTIMATED COST AND ORDERING PREPARATION OF ASSESSMENT ROLLS FOR SEWER, WATER AND STORM SEWER IMPROVEMENT NO. 1988-3A. RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR SEWER, WATER AND STORM SEWER IMPROVEMENT NO. 1988-3A. RESOLUTION DETERMINING TOTAL ESTIMATED COST AND ORDERING PREPARATION OF ASSESSMENT ROLLS FOR STREET AND UTILITY IMPROVEMENT PROJECT NO. 1987-A. RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR STREET AND UTILITY IMPROVEMENT PROJECT NO. 1987-A. A motion was made by Gary Schwenzfeier and seconded by Don Cornelius to approve these 6 resolutions. All were in favor and the motion carried. A motion was made by Don Cornelius and seconded by Bob Braun to change the informational public hearing on the budget to October 17th at 8 p.m. All were in favor and the motion carried. Bob Braun made amotion and Gary Schwenzfeier seconded it to change thepublic hearing on the delinquent sewer assessments (RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT SEWER SERVICE CHARGES (1988) to October 17th at 8:00 p.m. All were in favor and the motion carried. The income received and the bills to be paid were reviewed by the Council next. The Charles Axelson bill, the Kilian Hardware bill and the New Brighton Lumber bill were all questioned. After hearing satisfactory answers, Don C.,orneli.us made a motion and Gary Schwenzfeier seconded it to approve the bills. All were in favor and checks 9007 through 9038 were paid. PAGE 7 The discussion of office furniture will be held off until the next meeting because of a major problem with the computer right now. The Council next reviewed the building permits. Bob Braun made a motion and Gary Schwenzfeier seconded it to approve building permits number 33 through 42 pending payment on permits 40 and 42. All were in favor and the motion carried. A resident of 57th and Lannon Avenue is interested in having the City consider installing a STOP sign there to slow down the traffic. The Engineer and Ken will take a look at the area. The City doesn't want to overload on STOP signs - people won't pay attention anyway if there is too many. The vacant lot on Lannon Avenue next to the Meyer residence needs to be cleaned up. This is Barthel's property and Maureen will see that they are asked to clean up this area. Prior to the meeting being adjourned, Mike Potter, representing the Park Board, stated that they are in the process of getting bids for the 51st Street Park so that construction could start this fall. Also, once again, there are complaints coming in that the bathrooms at the Park are not being cleaned. Ken claims that he is keeping the areas clean and invites anyone to use the facilities anytix)e. The bathrooms have been in better condition since the softball season has ended and the Jaycees are not in the concession area. The (council suggested that the complaints need to be substantiated and to go ahead and put up some odor killers to at least make the bathrooms smell better. There were no other comments so a motion to adjourn the meeting was made by Gary Schwenzfeier and seconded by Don Cornelius. All were in favor and the meeting ad j oii rned . PAGE 8 ,-�OAV-LQ� DVA� SEPTEMBER 8, 1988 APPENDI`•: A SUBDIVISION PEGULATIONS G NEPAL SUBDIVISION PROVISIONS SECT 101-J : A-100.1 :short Title A-100.2 Purpose A-1OO.3 Approvals Necessary for Acceptance of Subdivisions or Plats A-100.4 Conditions for Recording A-100.5 Building Permits A-100.6 Conflict A-100.7 Measured Distances -100.8 Definition A-100.1. Short Title. This Chapter may be known, cited and reterred to as the Albertville Subdivision Ordinance. (1) A-100.2. Purpose. This Chapter is adopted for the following purposes: (a) To encourage well planned, efficient and attractive subdivisions, by establishing adequate and impartial standards for design and construction; (b) To provide for the health and safety of residents, by requiring properly designed streets and adequate sewer, and water service; (c) To place the cost of improvements against those benefitting from their construction; (d) To secure the rights of the public with respect to public lands and waters; and (e) To set the minimum requirements necessary to protect the public health, safety, comfort, convenience and general welfare. A-100.3. Approvals Necessary for Acceptance of Subdivision Plats. Before any plat shall be recorded or be of any validity, it shall be referred to the City Planning Commission and approved by the City Council as having fulfilled the requirements of this Chapter. (1) For general State law provisions relating to the subdivision of land and the platting thereof, see M.S.A. Chapter 429. M.S.A. 462.351, M.S.A. 462.358, M.S.A. 505.01 et. seq. A- 1[] (1 .=i CC) n i i It i o n.^-. f n t Re r_" n t r-i 1 n U. No i p I at or C^ an y subdivision shall be entitled to record in the Wright County Recorder's office or have any validity until the plat or subdivision has been prepared, approved and acknowledged in the manner prescribed by this Chapter. A-100.5. Building Permits. No building permits shall be considered for issuance by the City for the construction of any building, structure or improvement to the land or to any lot in a subdivision as defined herein, until all requirements of this Chapter have been fully complied with. A-100.6. Conflict. Whenever there is a difference between minimum standards or dimensions specified herein and those contained in other official regulations, resolutions or City Code provisions, the most restrictive standards shall apply. A-100.7. Measured Distances. All measured distances expressed in feet shall be the nearest tenth of a foot. A-100.8. Definitions. Except for those words and phrases defined below, the words and phrases used in this Chapter shall be interpreted to be given the meaning in common usage, and as may be commonly defined in dictionairies so as to give this Chapter its most reasonable application. (a) Alley: A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street. (b) Applicant: The owner, his agent or person having legal control and/or an interest in the land proposed to be subdivided. (c) Attorney: The attorney employed by the City, unless otherwise stated. (d) Base Lot: A lot meeting all the specifications within its zoning district prior to being divided into a subdivision of single family attached units. (e) Block: An area of land within a subdivision that is entirely bounded by streets, or by streets and the entire boundary or boundaries of the subdivision, or a combination of the above with a river, lake, railroad, or unsubdivided acreage. K (f) Boulevard: The portion of the street right-of-way between the curb line and the property line. (g) Building: Any structure built for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind. (h) Butt Lot: A lot at the end of a block, located between two corner lots. (i) City: The City of Albertville. (j) Cluster Development: A subdivision development planned and constructed so as to group housing units into relatively tight patterns, while providing a unified network of open space and wooded areas, meeting the overall density regulation of this Chapter and the Zoning Ordinance. (k) Comprehensive Plan: A comprehensive plan prepared by the City, including a compilation of policy statement goals, standards and maps indicating the general locations recommended for the various functional classes of land use, places and structures, and for the general physical development of the City, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. (1) Contour Map: A map on which irregularities of land surface are shown by lines connecting points of equal elevations. "Contour interval" shall mean the vertical height between contour lines. (m) Copy: A print or reproduction made from a tracing. (n) County: Wright County, Minnesota. (o) Design Standards: The specifications to landowners or those proposing to subdivide land for the preparation of plats, both preliminary and final, indicating among other things, the optimum, minimum or maximum dimensions of such items as rights -of -way, blocks, easements and lots. (p) Development: The act of building structures and installing site improvements. (q) Double Frontage Lot: A lot which has a property line abutting on one street and an opposite property line abutting on another non -intersecting street. 3 (r) Drainage Course: A water course or indentation for the drainage of surface water. (s) Easement: A grant by a property owner for the use of a strip of land and for the purpose of constructing and maintaining drives, utilities, including, but not limited to, wetlands, ponding areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines. (t) Engineer: The registered engineer employed by the City, unless otherwise stated. (u) Final Plat: A drawing or map of a subdivision, meeting all of the requirements of the City and in such form as required by Wright County for the purpose of recording. (v) Governing Body: The Albertville City Council. (w) Key Map: A map drawn to comparatively small scale which definitively shows the area proposed to -be platted in relation to known geographical features (e.g., town centers, lakes and roads). (x) Lot: A parcel or portion of land in a subdivision or plat of land separated from other parcels or portions by description, as on a subdivision or record of survey map, for the purpose of sale or lease or separate use thereof and having its principal frontage on a public street. (y) Lot, Corner: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five degrees (135 degrees). (z) Lot Improvement: Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain proposed lot improvements shall be properly bonded for as provided in these regulations. (aa) Metes and Bounds Description: A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof. n (bb) Natural Water Way: A natural passageway in the surface of the earth, so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area. The term also shall include all drainage structures that have been constructed or placed for the purpose of conducting water from one place to another. (cc) Outlot: A lot remnant or parcel of land left over after platting, which is intended as open space or other future use, for which no building permit shall be issued. (dd) Owner: An individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interest in the land sought to be subdivided. (ee) Parks: Playgrounds, trails, parks or open spaces within the City, owned, leased or used, wholly or in part, by the City for park and recreational purposes or of which is designated by the City Council asa park. (ff) Pedestrian Way: A public right-of-way or private easement across a block or within a block to provide access for pedestrians and which may be used for the installation of paths or trails. (gg) Percentage of Grade: Along a center line of a street, the change in vertical elevation in feet and tenths of a foot for each one hundred feet (100') of horizontal distance, expressed as a percentage. (hh) Planning Commission: The Planning Commission of the City. (ii) Preliminary Plat: A drawing or map of a proposed subdivision meeting the requirements herein enumerated submitted to the Planning Commission and governing body for their consideration, in compliance with the Comprehensive Plan, along with required supporting data. (JJ) Private Street: A street serving as vehicular access to two (2) or more parcels of land which is not dedicated to the public and is owned by one or more private parties. (kk) Protective Covenants: Contracts entered into between all owners and holders of mortgage constituting a restriction on the use of all private property within a subdivision for the benefit of the property owners, and providing mutual protection against undesirable aspects of development which would tend to impair the stale.}ilir.y of property value and economic Integrity of any given area. (11) Public Improvement: Any drainage ditch, roadway, parkway, street, sanitary sewer, storm sewer, water system, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the City may ultimately assume ownership, responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. (mm) Quadraminiums: Single structures which contain four (4) subdivided dwelling units all of which have individually separate entrances from the exterior of the structure. (nn) Reserve Strips: A narrow strip of land placed between lot lines and streets to control access. (oo) Right -of -Way: The land covered by a public road, otherwise dedicated for public use, or land for certain private uses, such as land over which a power line passes. (pp) Setback: The distance between a building and the property line nearest thereto. (qq) Street: A public right-of-way for vehicular traffic, whether designated as highway, thoroughfare, parkway, through -way, road, avenue, boulevard, lane, place, drive, court or otherwise designated. (rr) Streets, Arterial: Those streets carrying larger volumes of traffic and serving as links between various subareas of the City. Arterial streets are intended to provide for collection and distribution of traffic between highways and collector streets; hence regulation of direct access to property is critical. (ss) Streets, Collector: Those streets which carry traffic from local streets to the major system of arterials and highways. Collector streets primarily provide principal access to residential neighborhoods, including, to a lesser degree direct land access. (tt) Streets, Local: Those streets which are used primarily for access to abutting properties and for local traffic movement. (uu) Streets, Marginal Access (Service Road): Those local streets which are parallel and adjacent to high volume arterial streets and highways; and which provide A access to abutting properties and protection from through traffic. (vv) Streets, Cul-De-Sac: A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. (ww) Street Width: The shortest distance between the lines delineating the right-of-way of a street. (xx) Subdivision: The division of a parcel of land into two (2) or more lots or parcels for the purpose of transfer or ownership or building development. This term includes resubdivision and, where appropriate to the context, shall relate to the process of subdividing or to the land subdivided. (yy) Surveyor: A land surveyor registered under Minnesota State laws. (zz) Tracing: A plat or map drawn on transparent paper, film, or cloth which can be reproduced_by using regular reproduction procedure. (aaa) Two -Family Dwelling: A dwelling designed exclusively for occupancy by two (2) families living independently of each other. (bbb) Unit Lots: Lots created from the subdivision of single family attached dwellings having different minimum lot size requirements than the conventional base lot within the zoning district. (ccc) Zoning Ordinance: The Zoning Ordinance or resolution controlling the use of land as adopted by the City. 7 MINOR SUBDIVISIONS SECTION: A-200.1. Qualification A-200.2. Content and Data Requirements A-200.3. Design Standards A-200.4. Processing A-200.1. Qualification. This Section shall apply to the following applications: (a) In the case of a request to divide a portion of a lot where the division is to permit the adding of a parcel of land to an abutting lot so that no additional lots are created and both new lots conform to Zoning Ordinance lot size minimum standards. (b) In the case of a request to combine two (2) existing platted lots. (c) In the case of a request to divide a lot from a.larger tract of land and thereby creating no more than two lots. To qualify, the parcel of land shall not have been part of a minor subdivision within the last five (5) years. (d) In the case of a request to divide a base lot which is a part of a recorded plat upon which has been constructed a two-family dwelling, townhouse or quadraminium, where the division is to permit individual private ownership of a single dwelling unit within such a structure and the newly created property lines will not cause any of the unit lots or the structure to be in violation of this Chapter, the Zoning Ordinance, or the State Building Code. A is .I. I. . •-. (a) Certificate of Survey. The requested minor division shall be prepared by a registered land surveyor in the form of a Certificate of Survey. (b) Property Description and Submission Information. The data and supportive information detailing the proposed subdivision shall be the same as required for a preliminary plat as described in Section A-300.2 of this Chapter. Exceptions, as stipulated in writing, may be granted by the City Administrator. A-200.3. Design Standards. The minor subdivision shall conform to all design standards as specified in this Chapter. Any proposed deviation from said standards shall require the processing of a variance request. r• 00 1 mmm (a) If the land division Involves property which has been previously platted, or the total property area involved is greater than ten (10) acres, the City Administrator shall have the authority to approve the subdivision, provided that it complies with applicable provisions of this Chapter. (b) In the case of applications involving property not previously platted, and is less than ten (10) acres in total area, applicable processing provisions of Section A-300.2 of this Chapter, Preliminary Platting, shall be followed. PROCEDURES FOR FILING AND REVIEW SECTION: A-300.1 Sketch Plan A-300.2 Preliminary Plat A-300.3 Final Plat A-300.1, Sketch Plan. In order to insure that all applicants are informed of the procedural requirements and minimum standards of this Chapter and the requirements or limitations imposed by other City Code provisions or plans, prior to the development of a preliminary plat, all applicants shall present a sketch plan to the City Administrator prior to filing a preliminary plat. The City Administrator may refer said sketch plan to City Staff, the Planning Commission and/or the City Council for review or comments. (a) Filing: (1) The applicant or his surveyor or his planner or another designated agent, shall prepare and file a plat which is In conformity with the requirements of this Chapter. The applicant must demonstrate to the City, ownership of the land in question or show the legal and written power to file a preliminary plat application for the land in question. (2) The applicant also shall complete an "Application for Consideration of Planning Request", and/or such other application form as may be required, and shall submit any additional information, plans or studies as are required by this Chapter, and shall furnish the City Administrator with ten (10) copies of the plat and one (1) reduced copy of the plat no larger than eleven by seventeen (11 x 17) inches. (3) The applicant shall submit a list of property owners located within three hundred fifty (350) feet of the subject property. The records of the County Recorder shall be deemed sufficient for determining the location and ownership of all such properties. (4) The applicant shall submit any necessary applications and information for variances from the provisions of this Chapter, as set out in Section A-900.4. Such a request may be heard during the review of the proposed subdivision. (5) Prior to consideration of the proposed plat by the City, the applicant shall pay the required filing fee as established by City Council resolution. (6) The plat shall be considered as being officially submitted when all of the information requirements are complied with and the appropriate fees paid. 10 (b) Hearing: Upon receipt of the completed application as outlined in (a) above, the City Administrator shall set a public hearing for public review of the preliminary plat. The hearing shall be held after adequate time has been allowed for staff and Planning Commission review of the plat, but within forty-five (45) days of the completed filing of the application. The applicant and/or his representative(s) shall appear at the public hearing before the Planning Commission in order to answer questions concerning the proposal. Notice of the hearing shall consist of a legal property description, description of request and shall be published in the official newspaper at least ten (10) days prior to the hearing. Written notification of the hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty (350) feet of the boundary of the property in question. Failure of any property owner to receive said notice shall not invalidate the public hearing. (c) Technical Assistance Reports: The City Administrator may instruct the appropriate staff to prepare technical reports and provide general assistance in preparing a recommendation on the action to the City Council. This may include the City Planner, City Engineer, City Building Official or the City Attorney, among others. (d) Review by Other Commissions or Jurisdictions: The City Administrator shall refer copies of the preliminary plat to County, State or other public jurisdictions for their review and comment, where appropriate and when required. This may include the State Commissioner of Natural Resources and the Watershed District Board. (e) Planning Commission Action: The Planning Commission shall report its findings and make its recommendations to the City Council no later than thirty (30) days after the close of public hearing described in (b) above. If the Planning Commission has not acted upon the preliminary plat within thirty (30) days following the close of public hearing on such and in compliance with this Chapter, the Council may act on the preliminary plat without the Planning Commission's recommendation. (f) City Council Action: (1) The Council shall approve or disapprove the preliminary plat within one hundred twenty (120) days following delivery of an application completed In compliance with this Chapter unless an extension of the review period has been agreed to by the applicant. (2) If the preliminary plat is not approved by the City Council, the reasons for such action shall be recorded in the proceedings of the Council and shall be transmitted to the applicant. If the preliminary plat is approved, such approval shall not constitute final acceptance of the layout. Subsequent approval will be required of the OR 1 , engineering proposals and other features and requirements as specified by this Chapter to be indicated on the final plat. The City Council may impose such conditions and restrictions as it deems appropriate or require such revisions or modifications in the preliminary plat or final plat as it deems necessary to protect the health, safety, comfort, general welfare and convenience of the City. (3) The City Council reserves the right to decline approval of a subdivision if due regard is not shown for the preservation of all natural features, such as topography, trees, water courses, scenic points, historical spots and similar community assets which, if preserved, will add attractiveness and stability to the proposed development of the property. (4) Following City Council approval of a Preliminary Plat, the applicant must submit a final plat to the City Administrator within one hundred (100) days of preliminary approval unless otherwise specified as part of a Development Agreement. If this procedure is not followed, then approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council. (5) Should the applicant desire to amend a preliminary plat as approved, the applicant may submit an amended preliminary plat. The applicant shall follow the same procedure as a new preliminary plat. No public hearing or fee will be required unless the amendment, in the opinion of the City Council, is of such scope as to constitute a new preliminary plat. A-300.3. Final Plat. (a) Filing: After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in the subsections which follow. The City may agree to review the preliminary and final plat simultaneously. The final plat shall incorporate all changes, modifications and revisions required by the City. Otherwise, it shall conform to the approved preliminary plat. (b) Except as provided as specified as part of a Development Contract, the submission of a final plat application shall be no later than one hundred (100) days after the date of approval of the preliminary plat for distribution to the City Council and appropriate City staff. Ten (10) copies of the final plat and one (1) reduced copy no larger than eleven by seventeen (11 x 17) inches shall be submitted to the City Administrator for City review. (c) All final plats shall comply with the provisions of Minnesota State Statutes and requirements of this Chapter. 12 (d) An zpplshall submit with the final plat a current Abstract of Ti:ie or a Registered Property Certificate, along with any unrecorded documents, and an Opinion of Title. (e) Review of a Final Plat: (1) Upon receipt of a final plat, the City Administrator shall refer one copy each to the City Council, appropriate City staff, the County Surveyor, and the Watershed District Board, if applicable, and to all applicable utility companies, and one copy, with Abstract of Title or Registered Property Certificate and Opinion Title, to the City Attorney. (2) The City Council may refer the final plat to the Planning Commission for recommendation if they feel the proposed final plat is substantially different from the approved preliminary plat. The Planning Commission shall submit a report thereon to the City Council within forty-five (45) days. (3) The City staff receiving final plat copies shall submit reports through the City Administrator to the City Council within fifteen (15) days, expressing their recommendation on the final plat. (4) The County Surveyor shall review the final plat and notify the subdivider's surveyor or final plat preparer of corrections that are to be made to the final plat. (5) Prior to approval of a final plat, the applicant shall have executed an agreement with the City controlling the installation of all required improvements. Said agreement will require all improvements to comply with approved engineering standards and applicable regulations. (6) The City Council shall take action on a final plat not more than sixty (60) days after the plat is filed with the City Administrator. If the final plat is not approved, the reasons for such action shall be recorded in the official proceedings of the City and shall be transmitted to the applicant. (7) Upon receiving an approved final plat in conformance with the requirements of the County Surveyor, representatives of the City shall sign the plat and the applicant, as a condition of approval, shall record it with the County Registrar of Titles within one hundred twenty (120) days, or the approved final plat shall be considered void. If recording is not accomplished according to these procedures, the City may require another review of the proposed subdivision according to these regulations and state law. 13 (8) The applicant, immediately upon recording, shall furnish the City Administrator with a reproducible copy of the recorded final plat, either chronoflex or its equivalent, and two (2) prints. Failure to furnish such copies shall be grounds for refusal to issue building permits for the lots within a plat. (9) Upon receiving approval of a final plat for a portion of an approved preliminary plat, a continuation of the recognition of the preliminary plat is not required to maintain its approval. In the event an amendment to the zoning regulations is adopted which requires a larger minimum lot size for land not yet platted and recorded, the larger minimum lot size may be required for any additional platting. If the applicant is unable to file a final plat application within the required one hundred (100) days, such person shall file a written request for an extension of the preliminary plat approval with the City Administrator and receive City Council approval prior to the end of the one hundred (100) days. Said request shall specify and the City shall approve the length of time the preliminary plat shall remain in full force and effect. 14 SECTION: A-400.1 Qualification A-400.2 Condition Establishing Premature Subdivisions A-400.3 Burden of Establishing A-400.1. Qualification Any preliminary plat of a proposed subdivision deemed premature for development shall be denied by the City Council. A-400 2 Condition Establishing Pr mature Subdivisions A subdivision may be deemed premature should any of the conditions set forth in the following provisions exist. (a) Lack of Adequate Drainage: A condition of inadequate drainage shall be deemed to exist if: (1) Surface or subsurface water retention and runoff is such that it constitutes a danger to the structural security of the proposed structures. (2) The proposed subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land. (3) The proposed site grading and development will clause harmful and irreparable damage from erosion and siltation on downstream land. Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the land to flood plains; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect on effluents; and the presence of streams as related to effluent disposal. (b) Lack of Adequate Water Supply: A proposed subdivision shall be deemed to lack an adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas. (c) Lack of Adequate Roads or Highways to Serve the Subdivision: A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when: (1) Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that an increase in traffic volume generated by the proposed 1F subdivision would create a hazard to public safety and general welfare, or aggravate an already hazardous condition, and when, with due regard to the advice of Wright County and/or the Minnesota Department of Transportation, said roads are inadequate for the intended use, or (2) The traffic volume generated by the proposed subdivision would create unreasonable highway congestion or unsafe conditions on highways existing at the time of the application or proposed for completion within the next two (2) years. (d) Lack of Adequate Waste Disposal Systems: A proposed subdivision shall be deemed to lack adequate waste disposal systems if in subdivisions for which sewer lines are proposed, there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density indicated in the Albertville Comprehensive Plan, as may be amended. (e) Inconsistency with Comprehensive Plan: The proposed subdivision is inconsistent with the purposes, objectives and recommendations of the duly adopted Comprehensive Plan of Albertville, as may be amended. (f) Providing Public Improvements: If public improvements, such as recreational facilities, streets and utilities, reasonably necessitated by the subdivision, which must be provided at public expense, cannot be provided for within the next two (2) fiscal years. (g) MEQB Policies: The proposed subdivision is inconsistent with the policies fo the Minnesota Environmental Quality Board (MEQB), as may be amended, and could adversely impact critical environmental areas or potentially disrupt or destroy historic areas which are designated or officially recognized by the City Council in violation of Federal and State historical preservation laws. A-400.3. Burden of Establishin4. The burden shall be upon the applicant to show that the proposed subdivision is not premature. PLAT AND DATA PEQUIREMENTS SECTION: A-500.1 Sketch Plan A-500.2 Preliminary Plat A-500.3 Final Plat A-500.4 Certification Required A-500.1. Sketch Plan Sketch plans shall contain, at a minimum, the following information: (a) Plat boundary. (b) North arrow. (c) Scale. (d) Street layout on and adjacent to plat. (e) Designation of land use and current and proposed zoning. (f) Significant topographical or physical features. (g) General lot locations and layout. (h) Preliminary evaluation by the applicant that the subdivision is not classified as premature based upon criteria established in Section A-400.2 of this Chapter. A-500 2 Preliminary Plat The applicant shall prepare and submit a preliminary plat, together with any necessary supplementary information. The preliminary plat shall contain the information set forth in the subsections which follow: (a) General Requirements: (1) The proposed name of subdivision; names shall not duplicate or be alike in pronounciation to the name of any Plat theretofore recorded in the County. (2) Location of boundary lines in relation to a known section, quarter section or quarter -quarter section lines comprising a legal description of the property. (3) Name, address and phone number of the record owner, any agent having control of the land, the applicant, land surveyor, engineer and designer of the plan. (4) Graphic scale not less than one (1) inch to one hundred (100) feet. (5) North point and key map of the area, showing well-known geographical points for orientation within a one-half (1/2) mile radius. (6) Date of preparation. 17 Q) E. iwing Conclition_.: (1) Boundary line and total acreage of proposed plat, clearly indicated. (2) Existing zoning classifications for land in and abutting the subdivision. (3) Approximate total acreage. (4) Location, right-of-way width and names of existing or platted streets or other publicways. parks and other public lands, permanent buildings and structures, easements and section, corporate and school district lines within the plan, to a distance one hundred (100) feet beyond the plat. (5) Location and size of existing sewers, water mains, culverts or other underground facilities within the preliminary plat area and to a distance of one hundred (100) feet beyond. Such data as grades and locations of catch basins, manholes, hydrants and street pavement width and type also shall be shown. (6) Boundary lines of adjoining unsubdivided or subdivided land. within one hundred (100) feet, identified by name and ownership, including all contiguous land owned or controlled by the subdivider. (7) Topographic data, including contours at vertical intervals of not more than two (2) feet shown on a contourztopographic map. Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features also shall be shown. U.S.G.S. datum shall be used for all topographic mapping ;';here feasible. (8) A statement certifying the environmental condition of the site including the presence of any hazardous substance as defined in Minnesota Statutes 115B.02, Subd. 8. Such statement may be required to be based upon an environmental assessment of the site by a qualified environmental engineering firm which is acceptable to the City. (c) Proposed Resign Features: (1) Layout of proposed streets showing the right-of-way widths, centerline gradients, typical cross -sections, ana proposed names of streets in conformance with City and County street identification policies. The name of any street heretofore used in the City or its environs shall not be used unless the proposed street is a logical extension of an already named street, in ,which event the same name shall be used. (2) Locations and widths of proposed pedestrian ways. (3) Loc3tions and size of proposed sewer lines and water mains. (Design work to be completed by City Engineer if a City project) (4) Gradients of proposed streets, sewer lines and water mains, as requested. (Design work to be completed by City Engineer if a City project) (S) Location, dimension and purpose of all easements. (6) Layout, numbers, lot areas and preliminary dimensions of lots and blocks. (7) Minimum front and side street building setback line. (8) When lots are located on a curve, the width of the lot at the building setback line. (9) Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas .in acres. (10) Water Supply. Water mains shall be provided to serve the subdivision by extension of the existing City water -- system. Service connections shall be stubbed to the property line and all necessary fire hydrants shall also be provided. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the standards of the City. (11) Sewage Disposal. Sanitary sewer mains and service connections shall be installed in accordance with the standards of the City. (12) Grading plan which shall include the proposed grading and drainage of the site. Also to be stipulated are the garage floor and basement elevations of all structures. (13) Provisions for surface water ponding, drainage and flood control. (d) The items listed in this section shall be in conformance with all other applicable sections of this Chapter. (e) Supplementary Information: Any or all of the supplementary information requirements set forth in this subsection shall be submitted when deemed necessary by the City staff, consultants, advisory bodies and/or City Council. (1) Proposed protective covenants or private restrictions. 19 ( )L a-j1CVp,, pcepaceCl f_?J _. qi%.9.! ; f ieCl pet =oit :Cunt 1 f;'liig tree coverage in the proposed st.tbdivisiori in teems of type, veakness, maturity, potential hazard, infestation, vigor, density and spacing. A vegetation preservation and protection plan that shows those trees proposed to be removed, those to remain, the types and locations of trees and other vegetation that are to be planted may also be required. (3) Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the development on traffic, fire hazards, and congestion of population. The City may require the applicant or developer to have formal traffic or other studies performed to the Citv's satisfaction which shoe,, the effect of the proposed development, on traffic, fire hazards and congestion. (!i If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights in the applicant. (5) Whece the applicant owns property adjacent to that which is being proposed for the subdivision, it shall be reauired that the applicant submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be required to relate well with existing or potential adjacent subdivisions and land uses. (6) Where structures are to be placed on large or excessively deep lots which are subject to potential replat, the preliminary plat shall indicate a logical way in which the lots could possibly be rest.ibdivided in the future. (7) A plan for soil erosion and sediment control both during construction and after development has been completed. The plan shall include gradients of waterways, design of velocity and erosion control measures, design of sediment control measures, and landscaping of the erosion and sediment control system. Such plans are to be in accordance with the technical standards and specifications of the Soil Conservation Service, .as provided by the Wright County Soil and Water Conservation District Office. (8) When the City has agreed to install improvements in a development, the developer may be required to furnish a financial statement satisfactory to the City indicating the developers ability to develop the plat. (9) An environmental assessment woricsheet shall be submitted if the City, City consultants, Minnesota Environmental 20 Ouality Board or other groups or agencies determine that one is required by law. (10) Statements and supporting documentation and plans for variances, conditional use permits or planned unit development approvals being sought for the subdivision. (11) Such other information as may be required by City staff. A-500.3. Final Plat The owner or applicant shall submit a final plat together with any necessary supplementary information. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of Minnesota State Statutes (1) and Wright County regulations, and such final plat shall contain the following information: (a) Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing plat theretofore recorded in the County. (b) Location by section, township, range, County and State, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions. (c) The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments. (d) Location of lots, outlots, streets, public highways, and parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines. (e) Lots shall be numbered clearly, blocks are to be numbered, with numbers shown clearly in the center of the block. (f) The exact locations, widths and names of all streets to be dedicated. (1) See State law provisions M.S.A. 462.358, M.S.A. 501.01 et seq. 21 (g� LO ,,t101-1, pUCpo_;e .and �ridth of a.II easement.._. t � �. .G be de:=1t=_-..tee . ( h ) Name and address of surveyor preparing the plat. (i) Scale of plat. (the scale to be shown graphically on a bar scale), date and north arrow. (j) Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the strips marked "utility easements". (k) Statement dedicating ail streets, and other public areas not previously dedicated as follows: Streets, and other public areas shown on this plat and not heretofore aedicated to public use are hereby so dedicated. A-500.4. Certification Peguired (a) Certification by registered surveyor in the form required by Section 505.03, Minnesota Statutes, as amended. (b) Execution of all owners of any interest in the land and holders of a mortgage thereon of the certificates required by Section 505.03, Minnesota Statutes, as amended. and which certificate shall include a dedication of the utility easements and other public areas in such form as approved by the City Council. (c) Space for certificates of approval and review to be filled in by the signatures of the Mayor and City Administrator in the form: For Approval of the City: This plat of (name of plat) was approved and :accepted by the City Council of Albertville, Minnesota, at a regular meeting thereof held this day of , A.D. 19 CITY COUNCIL OF ALBEP.TVILLE, MINNESOTA BY: Mayor BY: City Administrator 22 DESIGN STANDARDS SECTION: A-600.1 Conformity with the Comprehensive Ordinance A-600.2 Land Requirements A-600.3 Blocks A-600.4 Lots A-600.5 Streets A-600.6 Cul-De-Sac Streets A-600.7 Street Design A-600.8 Sidewalks A-600.9 Public Utilities A-600.10 Drainage A-600.11 Easements A-600.12 Street Names A-600.13 Erosion and Sediment Control A-600.14 Protected Areas A-600.15 Park Land Dedication Requirements A-600.16 Minimum Design Features Plan and Zoning A-600.1. Conformity with the Comprehensive Plan and Zoning Ordinance. A proposed subdivision shall conform to the Comprehensive Plan and related policies adopted by the City and to the official Zoning Ordinance of the City. .11 •SW. (a) Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if the site is not suitable for the purposes proposed by reason of potential flooding, topography, wetlands, or adverse soil or rock formation. (b) Land subject to hazards to life, health or property shall not be subdivided until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the subdivision plan. (c) Proposed subdivisions shall be coordinated with existing nearby municipalities or neighborhoods, so that the City as a whole may develop efficiently and harmoniously. A-600.3. Blocks. (a) Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lots required in the area by the Zoning Ordinance and to provide for convenient access, circulation control and safety of street traffic. (b) Block Length. In general, intersecting streets shall be provided at such intervals so as to serve cross -traffic adequately 23 and to meet existing streets. Where no existing plats control, ^ the blocks in residential subdivisions other than, those with lake frontage, should not exceed one thousand two hundred (1,2'00') feet nor be less than six hundred (600') feet in length, except where topography or other conditions ,Justify .a departuce from this maximum. In blocks longer than nine hundred (900') feet, ten (10) foot wide pedestrian rights -of -Way and/or easements through the block may be required in locations deemed necessary for the public health, convenience and necessity. Suitable surfacing and fencing shall be provided in pedestrian ways and shall be subject to City review. (c) Block 'Width. The width of the block shall normally be sufficient to allow two (2) tiers of lots of minimum depth as required by the Zoning Ordinance except adjoining a lake, stream, railroad or arterial or where one tier or lot is necessary because of topographic conditions. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking, deliveries and loading. Such facilities shall be provided with safe and convenient limited access to the street system. A-600.4, Lots. (a) Area. The minimum lot area, width and depth shall not be less than that established by the City Zoning Ordinance in effect - at the time of adoption of the final plat. (b) Side Lot Lines. Side lines of lots shall be at right angles to street lines, radial to curved street lines, or radial to lake or stream shores unless topographic conditions necessitate a different arrangement. (c) Building Sites. Each lot shall provide an adequate building site excluding drainage courses and wetlands and said building site shall be at least one and one-half (1 1:2) feet above the street grade. (d) Butt Lots. Butt lots in any subdivision are to be discouraged. Where such lots must be used to fit a particular type of design, they shall be platted at least twenty (20) feet wider than the average width of interior lots in the block. (e) Frontage. Every lot must have the minimum frontage on a City approved public street other than an alley, as required in the City Zoning Ordinance. (f) Setback Lines. Setback or building lines shall be shown on all lots and shall not be lees than the setback required by the City Zoning Ordinance, as may be amended. (g) Dr.ainagecourses. Lots ponoing area, drainageway, epth .anci , abutting a drainagecourse, wetland, channel, or stream shall have ?s r e(jii i r :'Cj llf1clrr the i-' o`.' 1 =;i inn o' 24 the City lonin,) Ordinance to assure building sites that are not subject to f I on(__1i ng. (h) Lots with lakeshore frontage shall be designed so that the lot lines extended shall maintain the closest approximation to riparian rights. (i) Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and stability to the proposed development. (j) Lot Remnants. All remnants of lots below minimum size for the respective zoning district -in which they are located must be added to abutting lots or lots immediately adjoining, separated only by a public right-of-way. In those cases where parcels are separated by a public right-of-way, the lot remnant shall be designated an outlot. Lot remnants may be allowed if a plan for future use is found acceptable by the City Council. (k) Political Boundaries. No singular plat shall extend over a political boundary or school district line. (1) Frontage on Two Streets. Double -frontage, or lots with frontage on two (2) parallel or non -intersecting streets shall not be permitted except: where lots back on arterial streets or highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double -frontage lots shall have an additional depth of at least ten (10) feet in order to allow space for screen planting along the rear lot line. (m) Turn -Around Access. Where proposed residential lots abut a collector street, they should be platted in such a manner as to encourage turn -around access and egress on each lot and discourage direct access onto such streets. (n) Access to Arterial Streets. In the case where a proposed plat is adjacent to a limited access highway, other major highway, or other arterial street, there shall be no direct vehicular access from individual lots to such streets and roads. In the platting of small tracts of land fronting on limited access highways or where there is no other alternative, a temporary entrance may be granted. As neighboring land becomes subdivided and more preferable access arrangements become possible, such temporary access permits shall become void. (o) Outlots. The creation of outlots is to be discouraged. In such cases where outlots are created or exist, their area shall not be utilized in calculating minimums for buildable lot area requirements. Said outlots are also prohibited from qualifying for building permits except for public uses and private recreational uses accessory to allowable uses within the respective zoning district and which are properties under common �5 ownership. In those cases where outlots are located within a Shoreland Overlay District, they sh._ilI comply with the minimum Shorelana Overlay District requirements. A-600.5, `itreets. (a) Proposed streets shall conform to State and County highway plans which have been prepared, adopted and/or filed as prescribed cy l ace. (b) Streets shall be logically related to the topography, so as to produce usable lots and reasonable grades. (c) Access shall be given to all lots and portions of the tract in a subdivision and to adjacent unsubdivided parcels, unless the topography clearly indicates that such connection is not feasible. Reserved strips and land -locked areas shall not be created. (d) The arrangement of streets in new subdivisions shall make provision for the appropriate continuation of existing streets in adjoining :areas. (e) Where adjoining areas are not subdivided, but may be subdivided, the arrangement of streets in a new subdivision shall make provision for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations. A temporary turn -around facility may be required at the closed end, in conformance with cul-de-sac requirements. (f) Local streets shall be laid out to discourage their use by through traffic. The arrangement of .arterial and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. (g) Provisions for Resubdivision of Large Lots and Parcels. When a tract is subdivided into larger than normal building lots or Parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. (h) Half or partial streets will not be permitted, except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these regulations and where, in addition, satisfactory assurance for dedication of the remaining pact of the street can be secured. (i) Wherever a tract to be subdivided •adjoins an existing half or partial srcl et, the pact, of the street ;within such tract shall be platted. 26 (j) Dead-end atreets shall be prohibited, except as stubs to permit future street extension Into adjoining tracts with possible temporary cul-de-sacs, as determined by the City, or when designed as cul-de-sac streets. (k) Private streets and reserve strips, except in the case of planned unit developments, shall be prohibited and no public improvements shall be approved for any private street. All streets shall be dedicated for public use. If any person applies to subdivide or replat any land or parcels adjoining an existing private street, the private street shall be required to be dedicated for public use and scheduled for improvement to public street standards at the time of final plat. (1) Where a subdivision abuts or contains an existing or planned major arterial street or a railroad right-of-way, a street approximately parallel to and on each side of such arterial and right-of-way may be required for adequate protection of residential properties and separation of through and local traffic. Such service streets shall be located at a distance from the major arterial or railroad right-of-way suitable for appropriate use of the intervening land, as for park purposes in residential districts, or for commercial and industrial purposes in appropriate districts. Such distances also shall be determined with due regard for the requirements of approach grades and future grade separations. (m) The street design shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. A-600.6. Cul-De-Sac Streets. (a) Cul-de-sac streets, permanently designed as such, shall not exceed six hundred (600) feet in length, including a terminal turn around which shall be provided at the closed end, with a right-of-way radius of not less than sixty (60) feet. The length shall be measured along the centerline from the nearest intersection to the center point of the cul-de-sac. (b) Where a temporary cul-de-sac is required, the turnaround right-of-way shall be placed adjacent to a plat boundary line and a right-of-way of the same width as the street shall be carried to said property line in such a way as to permit future extension of the street into the adjoining tract. At such time as such a street is extended, the acreage covered by the turnaround outside the boundaries of the extended street shall revert in ownership to the property owner fronting on the temporary turnaround. ?-7 A-601). Street Design. (a) Minimum right-of-way widths and pavement widths (face to face of curb) for each type of public street or road shall be as follows: Right -of -Way Tune of Street Width Pavement Width Arterial 100 feet 44 feet, or as determined by traffic needs Collector Street 80 feet 44 feet Commercial or Industrial Service Street 80 feet 44 feet Local Street 60 feet 36 feet Marginal Access Street 50 feet 28 feet Cul-de-sac 60 feet 48 feet turnaround turnaround radI(Is radius (b) Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width shall be provided to meet the above standards. (c) Additional right-of-way and roadway widths may be required to promote public safety and convenience when special conditions require i t . (d) Restriction of Access. Access of local streets onto arterial and collector streets shall be discouraged at intervals of less than five hundred (500) feet. (e) Street Jog. Street ,jogs with centerline offsets of less than one hundred fifty (150) feet shall not be allowed. (f) Deflection. When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius of not less than one hundred (100) feet. (g) Grades. Centecline gradients shall be at least 0.4 percent and shall not exceed the following: Classification Gradient (In Percent) Arterial and Collector Streets 5 Local :Streets and Marginal Access Streets 8 (h) Vertical Curves. Different connecting street gradients shall be connected with vertical curves. Minimum length, in feet, of 90 these curves shall be twenty (20) times the algebraic difference in the percent of grade of the two adjacent slopes. (i) Angle of Intersection. The angle formed by intersecting streets shall not be less than seventy-five (75) degrees, with ninety (90) degree intersections preferred. (J) Size of Intersection. Intersections of more than four (4) corners shall be prohibited. (k) Corner Radii. Roadways of street intersections shall be rounded by a radius of not less than fifteen (15) feet. Corners at entrances to the turn -around portions of cul-de-sacs shall be rounded by a radius of not less than fifteen (15) feet. (1) Curb and Gutter. Concrete curb and gutter shall be included as part of the required street surface improvement and shall be designed for installation along both sides of all roadways. (a) Widths. In subdivisions or areas where sidewalks are deemed necessary by the City Council, the sidewalk widths shall conform to the following standards: Zoning District Land Use Sidewalk Width Single Family 4 feet Residential Multiple Family 6 feet Residential and Public Buildings Commercial Areas 8 feet Industrial Areas 6 feet A-600.9. Public (a) Water Supply. Extensions of the public water supply system, when available, shall be designed so as to provide public water service to each lot. (b) Sewage disposal. Extension of the public sanitary sewer system, when available, shall be designed so as to provide public sewer service to each lot. A-600.10. Drainage. A complete and adequate drainage system design shall be required for the subdivision and may include a storm 29 sewer system or system of open ditches, culverts, pipes, catch basins ^ and ponding areas, or a combination thereof. A-600.11. Easements. (a) Provided for Utilities. Easements for drainage and utlities of at least ten (10) feet %,ide, shall be provided on all lot lines. In the case of side or rear lot lines, these may be centered on the lot line. (b) Providea for Drainage. Easements shall be provided along each side of the center line of any water course or drainage channel, whether or not shown on the Comprehensive Plan, to a sufficient width to provide proper maintenance and protection, to provide for storm water runoff and to provide for installation and maintenance of storm sewers. (c) Continuous Utility Easement Locations. Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council after a public hearing. (d) Dedication. All easements shall be dedicated for the required use and shall be shown on the final plat. (e) Lake Access Easements. The platting granting of private easements across private property or property lines for the purpose of providing private lakeshore access is prohibited. n-600.1�. street Names. Names of new streets shall not duplicate existing or platted street names, unless a new street is a continuation of or in alignment with the existing or platted street. In that event, it shall bear the same name of the existing or platted street. Street names shall conform to the City's Street Naming and Property Numbering System as •applicab le. A-E00.13. Erosion and Sediment Control (a) The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. (b) Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion,. (c) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 30 (d) When soil is exposed, the eyposure shall be for the shortest feasible period of time, as specified in the development agreement. (e) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. Top soil shall be restored or provided to a depth of four inches (4) and shall be of a quality at least equal to the soil quality prior to development. (f) natural vegetation shall be protected wherever possible. (g) Runoff water shall be diverted to a sedimentation basin before being allowed to enter the natural drainage system. Stormwater runoff from the developed site shall not, at any time, exceed the existing runoff level. A-600.14. Protected Areas. Where land proposed for subdivision is deemed environmentally sensitive by the City, due to the existence of wetlands, drainageways, watercourses, floodable areas or steep slopes, the design of said subdivision shall clearly reflect all necessary measures of protection to ensure against adverse environmental impact. Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of outlots. In general, measures of protection shall include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the applicant shall be required to demonstrate that the proposed design will not require construction on slopes over eighteen (18) percent, or result in significant alteration to the natural drainage system such that adverse impacts cannot be contained within the plat boundary. 11 ._�• 1 • •� • .RANU-111NIJAM (a) Applicants for the subdivision of land and developers of land within the City of Albertville shall be requied to dedicate to the City of Albertville for park, playground, trail and public open space purposes the following minimum amounts of land or cash, or both, whichever the City, at its option, shall require. The required dedication shall be made prior to the City's release of the final plat for filing. The amount of any required cash contribution shall be calculated based upon rates established by the City and in effect as of the date of the release of the final plat for filing. (b) Land to be dedicated for public use shall be reasonably suitable for its intended use as determined by the City and shall be at a location convenient to the public to be served. Factors used in evaluating the adequacy of proposed park and recreation I areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. (c) The applicant shall consult with the Planning Commission, at the time his preliminary plat is under consideration, to secure their recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The preliminary plat shall show the location and dimensions of all areas to be dedicated in this manner. :'uch contribution requirement recommendation(s) will be sent to the City Council for their approval. (d) When a proposed park, playground, recreational area, or other public ground has been indicated in the City's official map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the appropriate governmental unit. If the applicant elects not to dedicate an area in excess of the land required hereunder for a proposed public site that the City feels is in the public interest to acquire, the City may consider acquiring the excess land through purchase or condemnation. (e) Land area conveyed oc dedicated to the City shall not be used in calculating density requirements of the City Zoning Ordinance ,and shall be in addition to and not in lieu of open space requirements for planned unit developments. (f) Where private open space for park, playground, trail, open space or other recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for purposes described in this Chaptec provided the City Council finds it is in the public interest to do so and that the following standards are met: (i) That yards, court areas, setbacks and other open space required to be maintained by the Zoning and Building Regulations shall not be included in the computation of such private open space; and (2) That the private ownership and maintenance of the open space is adequately provided for by written agreement; and (3) That the private open space is restricted for park, playground, trail, open space or recreatinal purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council, and (4) That the proposed private open space is reasonably adaptable for use for such purposes, taking into consideration such factors as size, shape, topography, 32 geology, access and location of the private open space land; and (5) That facilities proposed for such purposes are in substantial accordance with the provisions of the recreational element of the comprehensive plan, and are approved by the City Council; and (6) That where such credit is granted, the amount of credit shall not exceed twenty-five percent (25%) of the amount of dedication as calculated herein. (g) The City, upon consideration of the particular type of development, may require larger or lesser parcels of land to be dedicated if the City determines that present or future residents would require greater or lesser land for park and playground purposes. In addition, the City Council may also require lots within the subdivision be held in escrow for future sale or development. The moneys derived from the sale of escrowed lots will be used to develop facilities or to purchase parkland in the future. (h) Residential Dedications. (1) Land shall be dedicated pursuant to the following schedule wherein density is calculated by considering the total acreage of the entire plat, subdivision or development being considered: Dwelling Units Per Gross Acre (A) less than 9 (B) 9 and more 5% of subdivision area 5-1/2% of subdivision area + an additional 1/2% for each additional dwelling unit per acre over 9 (2) A cash contribution in lieu of land dedication may be required pursuant to a standard formula established by the City, which formula takes into consideration such things as, but not necessarily limited to, the fair market value of the property in the plat, subdivision or development. The City Council shall establish from time to time by Resolution the amount of required cash contribution, and until changed by Resolution hereafter adopted, the amount of cash contribution shall be $170.00 per dwelling unit. (3) Combination land and cash dedication. The City may require the applicant or developer to make a combination cash and land dedication pursuant to the following formula: .11 (a) The amount of land which could be required in accordance with this ordinance shall be calculated. (b) From the total calculated in subparagraph 3(a) above, the actual amount of land the City determines to be needed to fulfill the purposes of this Chapter shall be subtracted. (c) The balance arrived at in subparagraph (3) (b) above shall be converted into a cash contribution in lieu of land dedicated pursuant to a standard formula established by the City, which formula takes into consideration such things as, but not necessarily limited to, the fair market value of the property in the plat, subdivision or development ana the percentage of the total park dedication obligation represented by the said balance. (i) Commercial and industrial dedication requirements. (1) Land dedication, if required, shall be five percent (5%) of the subdivision or development. (2) if the City requires payment of fees in lieu of land --� dedication, that the fee shall equal five percent (5%) of the City's calculated fair market value for the property as if Toned in the classification requested by the applicant or developer. (3) Where a combination land and cash dedication is made, the lands dedicated will be deducted from the total park dedication land requirement and the balance of acreage will be multiplied by the current per acre dedication rate. (,j) The City may elect to receive a combination of cash, land and development of the land for park use. The fair market value of the land the City wants and the value of the development of land shall be calculated. That amount shall be subtracted from the cash contribution required by applicable subsection above. (k) "Fair market value" shall be determined as of the time of the final plat approval in accordance with the following: (!) The City and the applicant may agree as to the fair market value based upon a current appraisal. (2) The market value of the property as determined by a recent selling price of the parcels) in question. I (1) Planned unit developments with mixed land uses cash and/or land contributions in accordance with this based upon the percentage of land devoted to the various (m) The City Council shall establish a separate fund Into u all cash contributions received from owners and developers In of conveyance or dedication of land for park, playground, trail and open space purposes shall be deposited. The City Council shall establish separate budgeting and accounting procedures for such fund and shall make from time to time appropriations for such purposes, for developing existing parks, or the development of new park facilities. (n) If an applicapt is unable to make a commitment to the City as to the type of building that will be constructed on lots in the proposed plat, then the land and cash contribution requirement will be a reasonable amount as determined by the City Council. (o) Wetlands, ponding areas and drainageways accepted by the City may not be considered in the parkland and/or cash contribution to the City. (p) Property being divided with the same number of lots shall be exempt from all park land dedication requirements. If the number of lots is increased or if land outside the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the plat. If the additional land does not create additional lots, then each one-third (1/3) acre added shall be considered a new lot for purposes of calculating the dedication requirements. (q) Cash payment. A cash contribution required by the City shall be made at the time of final plat approval by the City Council or as specified by the applicable development contract. (r) The following requirements apply to all dedications or conveyances for park, playground, trail or public open space purposes. (1) Land conveyed or dedicated pursuant to the provisions of this Section must be located outside of drainage ways, flood plains and ponding areas after the site has been developed. (2) As part of their development contract or site plan approval responsibilities, applicants and developers shall be responsible for making certain improvements to the developments for park, playground, trail and public open space purposes including, but not limited to, finished grading and ground cover for all park, playground, trail and public open spaces within their developments. 35 (3) Dedication credit shall not be granted for the construction of recreational facilities unless a specific agreement granting credit is approved by the City Council. This paragraph does not affect the requirements of subparagraph (2) above. (s) Areas to be dedicated for public park, trail, or ponding shall be brought to a suitable condition by the subdivider prior to acceptance by the City. This shall include the following: All dead tree, trash, junk, unwanted structures or similar undesirable elements shall be removed by the owner at his expense; On grades or exposed areas which are not sodded, lawn grass seed shall be sown at not less than four (4) pounds to each one thousand (1,000) square feet of land area; Seeding and germination testing shall take place on a schedule set forth by the City at the time of the conveyance; Seeding shall consist of a maximum of ten (10) percent rye grass by weight and aminimum of ninety (90) percent of permanent bluegrass and./or fescue grass by weight. The applicant shall submit an agreement in writing signed by the developer that respreading of soil and seeding of lawn will be done during the immediately following planting season as set forth in this section and provide a performance bond to guarantee said seeding. Said condition shall also be in accordance with the City•s resolution on condition of acceptance of public parks in Albertville. (t) Title and Survey Requirements. (1) Lands dedicated for public park, trail or ponding shall be accompanied by a certificate of survey oc shall be designated as a park, trail or ponding area on the plat as determined by the City. Lands dedicated for public parks shall be dedicated as a legal lot of record and not as an outlot. (2) Further, such lands shall be free and clear of all liens and encumbrances including special assessments as evidenced by an up-to-date abstract of title or registered property abstract to be submitted at the applicants cost to the City for its examination. (3) Such dedication shall be in the form and manner as prescribed by the City. (u) adhere fees are not specifically stated in this ordinance, said fees shall be established by resolution of the City Council which may be revised from time to time. (v) in the event the City waives the requirement that an applicant or developer proposing to subdivide land plat the same, the City Council may require the applicant or developer, as a condition of granting such waiver, to dedicate parks (or pay cash in lieu thereof) and ponding areas in a manner consistent with the provisions of this ordinance. 36 _ A-6QO.ir�. Min:mum Destgn Features. The design features set forth in this Chapter are minimum requirements. The City may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided based upon site considerations and the Albertville Comprehensive Plan. Z7 CONSTRUCTION 3I'Al'1DAPD5 SECTION: A-700.1 Streets A-700.2 Sidewalks A-700.3 Public Utilities A-700.4 Sanitation A-700.5 ;Dater Supply A-700.6 Drainage A-700.7 Street Signs A-700.8 Utilities Location A-700.9 Street Lighting Requirements A-700.10 Inspection A-700.1. Streets. (a) Street Grading. Streets shall be graded in accordance with a plan approved by the City Engineer. The grading shall include the entire width of the right-of-way and shall provide a boulevard section, in addition to the minimum pavement width. (b) Street Pavement. The design of street pavement for all streets covered by this regulation shall be in accordance with the State of Minnesota Department of Transportation Road Design Manual for flexible pavements. The designed thickness of the surfacing elements shall be in accordance with the flexible pavement design standard for road classifications as follows: Classification Arterial, Collector Streets and Commercial or Industrial Service Streets Local Streets Pavement Design; Axle Load As determined by traffic needs 7 ton minimum (c) Soil Tests. To determine subgrade soil classifications, soil samples shall be collected and analyzed by a reputable testing laboratory. Reports of the soil analysis shall be submitted to the City Engineer with the pavement plans. Soil samples shall be taken along the center line of the proposed road at intervals not exceeding three hundred (300) feet. (d) Curb and Gutter. Concrete curb and gutter, in accordance with the following provisions, shall be constructed on both sides of all streets. (1) In residential zoning districts, surmountable concrete curb and gutter of a City approved type and design shall be used. (2) In commercial or industrial zoning districts curb and gutter cross- sections shall be either MN. concrete rDesign No. B618 or MN. D.O.T. Design No. 5518. (e) Boulevards. All boulevards shall have four (4) inches of SO!] (black dirt) placed on them and then shall be seeded or top sodded. A-700 2 Sid wall« (a) All required sidewalks shall be concrete, four (4) inches thick, placed on a four (4) inch gravel base. (b) Sidewalks shall slope one -quarter (1/4) inch per foot away from the property line and the Profile grade shall not exceed eight (8) percent. All grades shall be constructed as approved by the City Engineer. (c) Sidewalks shall be placed in the public right-of-way. 6-700 3 Publir Utilities (a) Water Main. A minimum water main of six (6) inch ductile iron pipe or other approved pipe shall be required. Mains over six (6) inches in size may be required, and the additional cost shall be allocated pursuant to established City Council policies. (b) Sanitary Sewer. Unless otherwise required, a sanitary sewer of eight (8) inch pipe shall be installed as the minimum size, placed at grades approved by the City Engineer. Mains over eight (8) inches in size may be required, and the additional cost shall be allocated pursuant to established City Council Service wyes shall be four (4) inches. policies. (c) House Services. Each house service shall be run from the main to the property line, where a cap or plug shall be placed until the service is extended to the structure. A one (1) inch Type K copper water service, or approved equal; corporation cock, curb box and stop; and four (4) inch extra heavy cast iron soil Pipe, or approved equal, sewer service shall be the minimum requirements, and they may be placed in a common trench. (d) Reproducible "as -built" drawings showing all utilities and improvements shall be furnished to the City by the applicant of all required improvements. Such "as -built" drawings shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements. ,A-700.4_ Sanitation, Water and sewer lines shall be installed and connected to the public system to serve all lots within the subdivision under the Proposed papplicable The City Council shall require nthe finstallation softwaterutesaaadordisewernces. mains, at the applicant's expense or under the provisions of applicable statutes and ordinances, unless said applicant can prove to the City Cciuncil that &vten51101) of the existing water system is not economically feasible in the development of the subdivision and that adequate water .� facilities will be otherwise provided, in which case the Council may permit the installation of individual wells. A-700.5. Water Supply. An individual well, if permitted by the City Council, shall be constructed in accordance with the Minnesota State Well Code. A-700.6. Drainage. All surface and underground drainage systems shall be installed to adequately remove all natural drainage that accumulates on the developed property. All such systems shall provide complete removal and a permanent solution for the removal of drainage water. A-700.7. Street Signs. All street signs shall be provided and installed by the City, at the expense of the applicant. A-700.8. Utilities Location. When feasible, all utilities shall be placed underground. All underground work shall be completed prior to street surfacing. All utility lines for telephone and electrical service shall be placed in rear line easements when carried on overhead poles. A-700.9. Street Lighting Requirements The minimum requirement for street lighting facilities shall be one (1) two thousand five hundred (2,500) lumen light, or equal, at each street intersection within or abutting the subdivision. Light standards shall be approved by the City. A-700.10. Inspection. All required improvements shall be inspected by the City Engineer or City -approved consultant during construction, at the expense of the applicant. 4n PEQUIRED IMPPOVEM h11rS AND FINANCIAL ARRANGEMENTS SECTION: A-800.1 Improvements Required A-800.2 Construction Plans and Inspection A-800.3 Payment for Installation of Improvements A-800.4 Agreement Providing for the Installation Improvements A-800.5 Financial Guarantee A-800.6 Improvements Completed Prior to Approval Final Plat A-800.7 Trunk Facilities A-800.8 Alternate Installation of of the A-800 1 Improvemen Required Prior to the approval of a plat by the governing body, the applicant shall have agreed, in the manner set forth below, to install the following improvements on the site, in conformity with approved construction plans and in conformity with all applicable standards and ordinances: (a) Survey Monuments. All subdivision boundary corners, block and lot corners, road intersection corners and points of tangency and curvature shall be marked with survey monuments meeting the minimum requirements of State law. All U.S., State, County and other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise Position, unless a relocation is approved by the controlling agency. All lot corner pipes or iron rods shall be a minimum of one-half inch in diameter, eighteen (18) inches in length, and shall be inscribed with the registration number of the land surveyor making the survey as prescribed in Minnesota Statutes, Chapter 505. (b) Grading. The full width of the right-of-way of each street dedicated in the plat shall be graded as outlined in Section A-700 (a) of this Chapter. (c) Pavement. All streets and alleys shall be improved with concrete or bituminous surface, except as may be approved by action of the governing body. Pavement standards are outlined in Section A-700 (b) of this Chapter. (d) Curb and Gutter. There shall be concrete curb and gutter installed along both sides of all streets and alleys to the standards listed In Section A-700 (d) of this Chapter. (e) Water Mains. In the case where mains from a public water system are available, the applicant shall be required to install water mains in the plat and connect the same to the public water system. 41 f ) PuI:)I I c Tani i: -a r y _'ewer . In -all cases where trunk line sanitary sewer facilities are available, the .applicant, shall be required to install sanitary sewers in the plat, and connect the same to the trunk line sewers. (g) Drainage Facilities. Such facilities and easements shall be installed as will adequately provide for the drainage of Surface waters, and a storm sewer system may be required. Drainage way easements or land dedication may be required when such easements or land is needed in the public interest for purposes of flood plain management, proper drainage, prevention of erosion, pedestrian access to water bodies, or other public purpose. All surface water drainage must be approved by the Wright County Watershed District. (h) [Miscellaneous Facilities. Tree planting, street name signs, traffic control signs, oversized utility trunk lines, pedestrian ways and other, improvements may be required to be furnished and installed by the applicant. A=800.2. Construction Plans and Inspection. (a) Construction plans for the required improvements conforming in all respects with the standards and ordinances of the City shay be prepared at the applicant's expense by a. professional engineer who is registered in the State of Minnesota, and said plans shall contain his certificate. Such plans together with the quantities of construction items shall be submitted to the City Engineer for his approval and for his estimate of the total costs of the required improvemments. Upon approval, such plans shall become a part of the required contract. The tracings of the plans approved by the Engineer, plus two (2) prints, shall be furnished to the City to be filed as a public record. (o) All required improvements on the site that are to be installed under the provisions of these regulations shall be inspected during the course of construction by the City Engineer at the applicant's expense, and acceptance by the City shall be subject to the City Engineer's certificate of compliance with the contract. A-800.3. P3.7ment for Installation of Improvements The required improvements as listed elsewhere are to be furnished and installed at the sole expense of the applicant. If any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement, representing the benefit to such lands. to be assessed :against the same. In such a situation the applicant will be required only to pay for such portion of the whole cost of said improvement as will represent the benefit to the property within the subdivision. 42 fl-B00,4_ Agreemen Providing for the Installation of Improvements, prior to the installation of any required improvements by the applicant and prior to approval of the plat, the applicant shall enter into a contract in writing with the City requiring the applicant to furnish and construct said improvements at his sole cost and in accordance with plans and specifications and usual contract conditions. This shall include provision for supervision of details of construction by the City Engineer and shall grant to the City Engineer authority to coordinate the work and improvements to be done under said contract by any subcontractor authorized to proceed thereunder and with any other work being done or contracted by the City in the vicinity. The agreement shall require the applicant to make an escrow deposit or furnish an irrevocable letter of credit or a certified check as is determined by the City Attorney, City Engineer and City Administrator. The amount of the deposit or security is to be based upon the City Engineer's estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection. The deposit or security shall equal sixty (60) percent of the City Engineer's estimate. This amount may be reduced upon Council approval based upon such consideration as the size of the project, past performance by the applicant and/or financial credibility of the applicant, but in no case shall the amount be less than thirty (30) percent of the City Engineer's estimate. On request of the applicant, the contract may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat. In such event, and if evidence is presented that the described work and improvements have been paid for, the amount of the deposit or bond may be reduced in a sum equal to the estimated cost of the Improvements so completed prior to the acceptance of the plat. The time for completion of the work and the several parts thereof shall be determined by the City Council, upon recommendation of the Engineer after consultation with the applicant. It shall be reasonable with relation to the work to be done, the seasons of the year, and proper coordination with construction activities in the plat and subdivision. No applicant shall be permitted to start work on any other subdivision without special approval of the governing body, if he has previously defaulted on work or commitments. Guara,j� (a) The contract provided for in Section A-800.4 of this Chapter shall require the applicant to make an escrow deposit or provide a certified check or irrevocable letter of credit as determined by the City Attorney, City Engineer and City Administrator. The escrow deposit, certified check or irrevocable letter of credit shall conform to the requirements of this Section. (b) Escrow Deposit, Certified Check. If an escrow deposit or certified check is required, the escrow deposit or certified check -� shall be made with the City Treasurer in a sum equal to one hundred twenty-five (125%) percent of the total cost, as estimated by the City Engineer, of all the improvements to be furnished and inst.a.I Ier_1 ny the applicant pu =.,uant to the C:Ontr-act, 4%hIch have •-• not r_,ern completed prior to approval of the plat. The total costs shall include costs of inspection by the City. The City shall be entitled to reimburse itself out of said deposit or check for any cost and expense incurred by the City for completion of the work in case of default of the applicant under said contract, and for any damages sustained on account of any breach thereof. Upon completion of the work and termination of any liability, the balance remaining in said deposit or check shall be refunded to the applicant. (c) Irrevocable Letter of Credit. If the applicant is required to furnish an Irrevocable Letter of Credit, the penal sum shall be equal to one hundred twenty-five (125o) percent of the total cost as estimated by the City Engineer of all the improvements to be furnished and installed by applicant pursuant to the contract, which have not been completed prior to the approval of the plat. The total costs shall include costs of inspection by the City. The Irrevocable Letter of Credit shall be approved as to form by the City Attorney and filed with the City Administrator. 6-800.6. Improvements Completed Prior to Approval of the Final Plat. Improvements within a subdivision which have been completed prior to application for approval of the final plat, or execution of the contract for installation of the required improvements, shall be accepted as equivalent improvements in compliance with these requirements only if the City Engineer shall certify that he is satisfied that the existing improvements conform to applicable standards and if evidence of payment for the work that has been completed is presented in such form as the City reasonably requires. A-800.7. Trunk Facilities. Where a larger size water main, sanitary sewer, storm drain or similar facility is required to serve areas outside the subdivision, the larger facility required shall be constructed. Additional costs shall be allocated pursuant to established City policies. Alternate Installation The City Council may elect to install any or, all of the required improvements pursuant to a cash escrow agreement or other financial arrangements with the applicant. 44 ADMINISTRATION AND ENFORCEMENT SECT I Otl : A-900.1 Registered Land Surveys A-900.2 Metes and Bounds A-900.3 Unapproved Subdivisions A-900.4 Variances, City Council Approval, Standards A-900.4a Findings A-900.4b Procedures A-900.5 Building Permits A-900.6 Violations and Penalty A-900.6a Sale of Lots from Unrecorded Plats A-900.6b Receiving or Recording Unapproved Plats A-900.6c Misrepresentations A-900.6d Penalty A_-900.1. Registered Land Surveys All registered land surveys shall be filed subject to the same procedure as required for the filing of a preliminary plat for platting purposes. The standards and requirements set forth in these regulations shall apply to all registered land surveys. Unless the City Council approves,.a registered land survey shall not be used to divide a parcel of land into lots for the purpose of transfer of ownership or building development, if any of the tracts do not have the required frontage on a dedicated public street. (a) Conveyances by metes and bounds shall be prohibited where any lots or parcels involved are less than five (5) acres in area or have a width of less than three hundred (300) feet at the building setback line. (b) No building permit shall be issued for any structure on any parcel of land less than five (5) acres in area or having a width of less than three hundred (300) feet on an improved public street, at a building setback line which is described by metes and bounds until a plat describing such parcel of land is filed with the Wright County Recorder's Office and proof thereof is furnished to the City. (c) When a conveyance by metes and bounds is made and the parcels involved are between five (5) acres and twenty (20) acres in size, a survey of the parcels involved shall be submitted to the City Administrator before any building permits will be issued for those Parcels, and a copy of the survey should be attached to the deed when it is submitted to the Wright County Recorder's Office for recording. I ( a ) No conveyance of 1 and; to c:h i ch the_.e regu 1 at i ons a.re applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat. The foregoing provision does not apply to a conveyance if the land described: (1) Was a separate parcel of record January 1, 1988 (2) Was the subject of a written agreement to convey entered into prior to such time. (3) Was a separate parcel of not less than two and one-half (2 1.'2) acres in area and one hundred fifty (150) feet in width on January 1, 1966. (4) Was a separate parcel of not less than five (5) acres in area and three hundred (300) feet in width on July 1, 1980. (5) Is a single parcel of commercial or industrial land of not less than five (5) acres and has a width of not less than three (300) feet, and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than five (5) acres in area or three hundred (300) feet in width. (6) is a single parcel of residential or agricultural land of not less than twenty (20) acres and having a width of not less than five hundred (500) feet, and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than twenty (20) acres in area or five hundred (500) feet in width. h-900.4. Variances City COUnci1 Approval Standards (a) Findings. The City Council may approve a variance from the minimum standards of this Chapter (not procedural provisions) when,, in its opinion, undue hardship may result from strict compliance. In approving any variance, the City Council shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its approval, the City Council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be approved when the City Council finds: A (1) That there are special circumstances or highly unique conditions affecting the property such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of his land. (2) That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated. (3) That the variance is to correct inequities resulting from an unusual physical hardship such as topography. (4) Hardships relating to economic difficulties shall not be considered for the purpose of granting a variance. (5) That the hardship is not a result of an action or actions by the owner, applicant or any agent thereof. (b) Procedures. (1) Requests for a variance or appeal shall be filed with the City Administrator on an official application form. Such application shall be accompanied by a fee as established by City Council resolution. Such application shall also be accompanied by four (4) copies of detailed written and graphic materials including one plan no larger than eleven by seventeen (11 x 17) inches necessary for the explanation of the request. (2) Upon receiving said application, the City Administrator shall refer the application, along with all related information, to the City Planning Commission for a report and recommendation to the City Council as outlined in Section A-300 of this Chapter. (3) The Planning Commission shall consider the variance at its next regular meeting unless the filing date falls within fifteen (15) days of said meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The City Administrator shall refer said application, along with all related information, to the City Planning Commission for consideration and a report and recommendation to the City Council. (4) The variance application shall be referred to the City staff for a report and recommendation to be presented to the Planning Commission. (5) The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning the variance or to retain expert testimony at the expense of the applicant concerning said A7 vac i ance where -a i =_a i n format ion i Is dec l aced necessary y to ensure preservation, of health, safety and general welfare of the City. (6) The City Administrator shall set a date for a public hearing. Notice of such hearing shall be published in the official newspaper at least ten (10) days prior to said hearing, and individual notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within three hundred fifty (350) feet of the parcel included in the request. (7) Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within. this Chapter. (B) The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed variance request. (9) The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the 'intent and purpose of this Chapter. (10) The City Council shall not grant a variance until they have received a report and recommendation from the Planning Commission and the City staff or until thirty (30) days after the first regular Planning Commission meeting at which the request was considered. (11) Upon receiving the report and recommendation of the Planning Commission and City staff, the City Council shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. (12) Upon receiving the report and recommendation of the Planning Commission and City staff, the City Council shall make a recorded finding of fact and impose any condition it considers necessary to protect the public health, safety and welfare of the City. (13) The City Council shall decide whether to approve or deny a request for a variance or an appeal within thirty (30) days after the public hearing on said request. (14) A variance of this Chapter or grant of an appeal shall be by a four -fifths (4/5) vote of the full City Council. A-900.5. Building Permits No building permit shall be issued for any construction, enlargement, alteration, repair, demolition or moving of any building or structure on any lot or parcel until all the requirements of these regulations have been fully met. MUMMINMEMMe 01 .F• •-M (a) Sale of Lots from Unrecorded Plats. It shall be a misdemeanor to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in conformity with, any plan, plat or replat of any subdivision or area located within the jurisdiction of this Chapter unless said plan, plat or replat shall have first been recorded in the office of the Recorder of Wright County. (b) Receiving or Recording Unapproved Plats. It shall be unlawful for a private individual to receive or record in any Public office any plans, plats of land laid out in building lots and streets, alleys or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting on or adjacent thereto, and located within the jurisdiction of this Chapter, unless the same shall bear thereon, by endorsement or otherwise, the approval of the City Council. (c) Misreprentations. It shall be a misdemeanor for any person owning an addition or subdivision of land within the City to represent that any improvement upon any of the streets, alleys or avenues of said addition or subdivision or any sewer In said addition or subdivision has been constructed according to the plans and specifications approved by the City Council, or has been supervised or inspected by the City, when such improvements have not been so constructed, supervised or inspected. (d) Penalty. Anyone violating any of the provisions of this Chapter shall be guilty of a misdemeanor. Each month during which compliance is delayed shall constitute a separate offense. n APPENDIX A SUBDIVISION REGULATIONS GENERAL SUBDIVISION PROVISIONS...................................A-100 MINOR SUBDIVISIONS...............................................A-200 PROCEDURES FOR FILING AND REVIEW.................................A-300 PREMATURE SUBDIVISIONS...........................................A-400 PLAT AND DATA REQUIREMENTS.......................................A-500 DESIGN STANDARDS.................................................A-600 CONSTRUCTION STANDARDS...........................................A-700 REQUIRED IMPROVEMENTS AND FINANCIAL ARRANGEMENTS .................A-800 ADMINISTRATION AND ENFORCEMENT...................................A-900 I N(X-)ME RECEIVED SEPTEMBER 19, 1988 SEWER AXOUNTS MEINY"S DIGGERS HEALTH CENTRAL OF BULLFALO JOHN RADEMACHF.R (Building Permit) FIRST SECURITY TITLE AUDITOR'S WARRANT REGISTERED CLOSERS, INC. D.A. SCHROEPPEL <JERRY BARON (Dog License) FRIENDLY CITY DAYS T-SHIRT & CAPS SALES TOTAL 324.46 50.00 13,491.88 43. bO 20.00 2,615.24 6,668.88 7,539.01 6.00 50.00 $30, 808.97 BILLS TO BE PAID SE TEMBER 19, 1988 CHECK NO. 9007 CHARLES AXELSON 155.00 9008 MAUREEN ANDREWS 593.12 9009 MAUREEN ANDREWS 85.00 9010 KEN LINDSAY 671.00 9011 KEN LINDSAY 85.00 9012 MIKE RUTKOWSKI 286.36 9013 LORIE VIL AREAL 378.20 9014 AKONA 61.50 9015 KEN LINDSAY (Mileage, 1 Bill) 18.69 9016 MIKE RUTKOWSKI 2.00 9017 LORIE VILLAREAL (Mileage) 27.06 9018 MEYER-ROHLIN, INC. 2,091.95 9019 CROW RIVER NEWS 38,20 BILLS TO BE PAID PAGE 2 9020 NORTHWEST ASSOCIATED CONSULTANTS 1,832.00 9021 PERA 146.44 9022 PERA 9.00 9023 ROBERT J. MILLER 1,385.00 9024 POSTMASTER (Box Fee) 10.00 9025 MTI DISTRIBUTING CO. 65.00 9026 H.G. WEBER OIL (30. 6.99 9027 ROTO-ROOTER 3,649.80 9028 KILIAN HARDWARE HANK 107.40 9029 NEW BRIGHTON LUMBER CO. 85.77 9030 CROW RIVER NEWS 114.56 9031 HACKENMUELLER'S - 34.09 9032 CHOUINARD'S 154.74 9033 MONTICELLO ANIMAL CONTROL 25.00 9034 MEYER-ROHLIN, INC. 12,620.20 TOTAL $24,739.07