Planning Commission Agenda Packet 05-10-1988IN
AGENDA
REGULAR MEWING - MONfICELLO PLANNING COMMISSION
Tuesday, May 10, 1988 - 7:30 p.m.
Members: Richard Carlson, Joyce Dowling, Richard Martie, Cindy Leann,
Daniel McConnon
7:30 p.m. 1. Call to Order.
7:32 p.m. 2. Approval of Minutes of the Regular Meeting Held AFril 12,
1988.
7:34 p.m.
3. Public Hearing - A conditional use request to allow
construction of more than one apartment building on an
unplatted lots a conditional use request to allow
construction of two apartment buildings in excess of the
maximum number of units allowed; a conditional use request to
allow construction of five apartment buildings in two
phases. Applicant, David Hornig.
7:54 p.m.
4. Public Hearing - A variance request to allow construction of
an attached garage within the front yard setback
requirement. Applicant, Tadd Theisen.
8:14 p.m.
S. Public Hearing - A preliminary plat request, proposed
expansion of East Rjellberg Mobile Home Parkr and
consideration of amendments to the City of Monticello zoning
map. Applicant, Rent Rjellberg.
ADDITIONAL
INFORMATION ITEMS
9:14 p.m.
1. A variance request to allow a loading berth to be constructed
in the public right-of-way setback requirement. Applicant,
Automatic Garage Door Company. Council action: Denied
variance request as per Planning Commission recommendation.
Approved a variance request with the unloading berth to be
constructed in part of the building.
9:16 p.m.
2. A variance request to allow construction of a garage addition
within the sideyard setback requirement. Applicant, Harvey
Rendall. Council action: Planning Commission's
recommendation stands approved, as there was no variance
appeal.
9:18 p.m.
3. Zoning Seminar Information.
9:23 p.m.
4. 7Ae Municipal Board final hearing information.
9:28 p.m.
5. Set the next tentative date for the Monticello Planning
Commission meeting for June 14, 1988, 7:30 p.m.
9:30 p.m.
6. Adjournment.
MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, April 12, 1988 - 7:30 p.m.
Members Present: Richard Carlson, Richard Martie, Cindy Lemm, Dan McConnon
Members Absent: Joyce Dowling
Staff Present: Gary Anderson, Jeff O'Neill
1. The meeting was called to order by Chairperson Richard Carlson at
7:30 p.m.
2. Motion was made by Cindy Lemmn, seconded by Richard Martie, to approve the
minutes of the regular meeting held February 9, 1988. Motion carried
unanimously with Dan McConnon abstaining and Joyce Dowling absent.
3. Public Hearing - A variance request to allow a loading berth to be
constructed in the public right-ot-way setoacx requirement. Applicant,
Automatic Garage Door Company.
Gary Anderson, Zoning Administrator, explained to Planning Cmmnission
members the applicant's proposed variance request. The main concern in
the explanation of the applicant's proposed building addition was that of
semi -truck tractors loading and unloading up to the existing unloading
dock. The semi -truck tractor would encroach onto the Cedar Street public
right-of-way and actually, when backed up to the loading dock, the
semi -tractor would be parked on the public right-of-way.
Zoning Administrator Anderson also indicated to Planning Commission
members that in their agenda supplement were two other alternatives that
the City staff had come up with on the Automatic Garage Door Company's
variance request. The first option was to place the loading dock area
into a portion of the building. Therefore, the semi -truck tractor, when
backed up to the loading dock, would not be parked on the public
right-of-way; however, it would need to enter onto the Cedar Street
public right-of-way to accommodate the maneuvering of the semi -trailer up
to the unloading dock.
The second option showed where another addition would be constructed onto
their proposed addition where the semi -truck tractor would enter from the
southeast driveway and proceed along the driving portion of the parking
lot, therefore backing in along side of the building up to the loading
dock addition.
Mr. Greg Tobias, Manager of the Automatic Garage Door Company, was
present to explain to Planning Commission membere some of the operations
of his business and the circulation of the products within the existing
building and within the proposed additions. He indicated he would like
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Planning Commission Minutes - 4/12/88
1 the Planning Commission members to consider his request as submitted in
that approximately one-third of the 52 weeks in the year of which would
be once a week, a semi -truck tractor with a trailer does come to drop off
part of or an entire load of doors at their facility. This truck when at
the unloading dock may be there from a minimum of probably 20 minutes to
a maximum of approximately 2 hours to unload the entire trailer. of the
two options shown by the City staff, Mr. Tobias had not had a chance to
check into the pricing as to what it would cost to renovate their plans;
but the second option would clearly not be workable within their project,
and the first option could be a possibility but would be more expensive
than their original project.
Commission members felt uncomfortable with the semi -truck tractor and
trailer actually driving up onto probably the entire portion of Cedar
Street and then backing up to the unloading dock. Commission members
also questioned that the amount of traffic that is on that road right now
may be minimal; however, as the city grows and development occurs, this
could become, part of an arterial road which could possibly hook up with
the proposed Kent Kjellberg development immediately south of this.
IN
Chairperson Richard Carlson then asked for any input from the public, and
there was none. He turned it back to the Planning Commission members for
any further input. With no further input from the Planning Commission
members, motion was made by Richard Martie, seconded by Dan McConnon, to
deny the variance request to allow a loading berth to be constructed in
the public right-of-way setback requirement. Motion carried unanimously
with Joyce Dowling absent. Reason for denial: Pirst, the semi -truck
tractor would have to drive up onto the entire portion of Cedar Street
and then back the semi -truck tractor trailer up to the unloading dock;
and secondly, when parked at the unloading dock, the tractor itself would
be sitting on the Cedar Street public right-of-way. Both of these are
safety concerns of the Planning Commission.
4. Public Hearing - A variance request to allow construction of a garage
addition within the sideya[d setback requirement. Applicant, Harvey
Kendall.
Zoning Administrator, Gary Anderson, explained to Planning Commission
members the applicant's proposed variance request. The applicant would
like to construct a 6' x 26' addition onto his existing garage. If the
addition is allowed to be constructed, at the front portion of the garage
it would be within 6 feet of the aide lot line, and to the rear of the
proposed garage addition it would be within 11 feet of the aide lot
line. The separation between structures with the proposed addition we
would have 18 feet of area in the front portion of the garage between
structures and in the rear portion we would have 28 feet of land area
between the rear portion of the garage and the rear of the adjoining
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Planning Commission Minutes - 4/12/88
0
property house. There also being 6 -foot utility easements on each side
of the property line, the proposed garage addition would come up to the
easement in the front most portion of the garage addition. With the
configuration of the lots being pie -shaped, the lots get wider as we get
to the rear of the property.
With no input from the public, Chairperson Richard Carlson asked for any
input from the Planning Commission members. With no input from the
Planning Commission members, motion was made by Cindy Lemm, seconded by
Dan McConnon, to approve the variance request to allow construction of a
garage addition within the sideyard setback requirement. Motion carried
unanimously with Joyce Dowling absent.
ADDITIONAL INFORMATION ITEMS
1.
Planning Commission member applicant interviews. Council action:
Appointed one of the Planning Commission members' recommendations.
2.
Tabled request for a final plat review of a proposed new subdivision
plat. Applicant, City of Monticello. Council action: Approved as per
Planning Commission recommendation.
3.
Sketch plan review of a proposed new subdivision plat. Applicant, Rent
Rjellberg. Council action: No Council action needed, as the request was
tabled by the Planning Commission. Mr. Jeff O'Neill, Assistant City
Administrator, updated the Planning Commission members on the progress of
Mr. Rjellberg's subdivision preliminary plat. He indicated to Planning
Commission members that if the information is received by this Thursday
and upon favorable review by the City staff members, the preliminary plat
for Mr. Rjellberg's residential subdivision will be coming back before
them at their next regularly scheduled meeting. Flanning Commission
member, Mr. Dan McConnon, questioned if he could meet with City staff
members to go over Mr. Rjellberg's proposed plat. Gary Anderson
suggested to Mr. McConnon that he wait until after the City staff has a
chance to most with the developer sometime after Thursday, and then he
can look at the proposed preliminary plat as well as the original
drawings which led up to the preliminary plat.
4.
Additional discussion on an upcoming zoning seminar.
Gary Anderson indicated to Planning Commission members he felt it would
be a worthwhile seminar for the new Planning Commission member ao well as
the existing Planning Commission members present. If they would like to
attend, please fill out the application submitted as soon as possible.
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Planning Commission Minutes - 4/12/88
f
14 5. It was the consensus of the four Planning Commission members present to
set the next tentative date for the Monticello Planning Commission
meeting for May 10, 1988, 7:30 p.m.
6. Before the adjournment, Zoning Administrator, Gary Anderson, indicated to
the Planning Commission members that Mr. David Hornig's proposed
subsidized elderly and subsidized family project has been asked to be
revised to accommodate family subsidized housing only. He indicated to
the Planning Commission members that the City staff will be meeting with
Mr. Hornig to go over his new site plan for that. If there are any
changes which need any type of Planning Commission action, it would have
to come back before them at their next regularly scheduled meeting if it
was done in its entirety. one way or another, the site plan would come
back to the Planning Commission members for their review at the next
regularly scheduled meeting if it is ready.
7. Motion by Richard Martie, seconded by Dan McConnon, to adjourn. The
meeting adjourned at 8:56 p.m.
Respectfully submitted,
Gary Anderson
Zoning Administrator
OO -L
Planning Commission Agenda - 5/10/88
Q. 3. Public Hearin - A conditional use rest to allow construction of more
than one apartment building on an unplatted lot; a conditional use
request to allow construction of two apartment buildings in excess of the
maximum number of units allowed, a conditional use request to allow
construction of five apartment buildings in two phases. Applicant, David
Hornig. (G.A. 6 J.O.)
A. REFERENCE AND BACKGROUND:
Mr. David Hornig, Hornig Properties, is back before you with a new site
plan of the previously approved site plan. Mr. Hornig's request will be
a new request in that Farmers Home has requested him to redo his plans to
include all family subsidized buildings instead of one elderly building
with that. From what was previously approved of 48 total units at
maximum development in Phase I has now been scaled down to 44 units total
maximum development in Phase I.
Mr. Hornig is proposing to develop this unplatted tract of land into two
phases, with the first phase being construction of two 16 -unit family
subsidized buildings and one 12 -unit family subsidized building. The
second phase of the development of this unplatted land is the
construction of two 12 -unit family subsidized buildings. To develop this
unplatted land into two phases requires first, a conditional use request
to allow more than one building to be constructed on an unplatted piece
of land. The second conditional use request is that two of these
buildings proposed to be constructed In Phase I are proposed to be
16 -unit buildings, which is 4 units more than the 12 -unit number maximum
allowed.
This proposed development with it being phased in two projects does meet
all of the minimum square footage, setback requirements, and off-street
and enclosed parking spaces as required by ordinance. Also as a
condition to the conditional use request, we are requesting that the
developer dedicate the area shown on the south portion of the enclosed
site plan the area for the public right-of-way for the extension of West
7th street. Also a suggested condition is to allow this unplatted tract
of land to be developed into two phases. The third condition would be
requiring that an approved site plan be oubmitted prior to building
permit application.
SELECTED COMPREHENSIVE PLAN GOALS AND OBJECTIVES
The proposal generally complies with all of the general housing policies
which are attached. There is one oection of the general housing policies
regarding multi -family housing which relates to the proper housing mix in
the community. Item 03 on page 46 states that "multiple dwelling
projects should not cause the number of existing or approved public and
private dwelling unite in the community to exceed 45 percent of the
existing single family building sites located within the city of
CSC
Planning Commission Agenda - 5/10/88
Monticello." As a point of clarification, it should be noted that single
family building sites include all of developed single family building
sites. At the present time, there are 176 single family building sites
which are ready for development of a residence. Multiple family dwelling
units are counted as every housing unit that is not a single family
unit. This would include town homes and mobile homes as well. Table B
of the attached housing mix summary reveals the present housing mix based
on the above definitions of single family housing units and multiple
family housing units. Table B figures are based on the development of
the proposed 42 -unit multi -family project and also includes a senior
housing project plan for later on this summer. As you can see, the city
is coming very close to reaching its maximum number of multi -family
housing units allowed by the Comprehensive Plan, as 44 percent of housing
stock will become multi -family housing units with the completion of the
housing units as projected during this building season.
Table A indicates the housing mix if one does not consider the single
family building sites as part of the calculation. As you can see,
multiple family dwellings make up 48 percent of the existing housing
stock if one does not consider the 176 buildable lots in the calculation.
in summary, the proposal does comply with the portion of the
Comprehensive Plan pertaining to the proper percentage of housing stock
in Monticello. The Planning Oommission may wish to go on record as
supporting the existing policy with reference to future projects and with
a reference to Phase II of this development.
B. ALTERNATIVE ACTIONS:
1. Approve the conditional use request to allow construction of more
than one building on an unplatted lot, and to approve the conditional
use request to allow construction of two apartment buildings in
excess of the maximum number of unite allowed.
2. Deny the conditional use request to allow construction of more than
one building on an unplatted lot, and to deny the conditional use
request to allow construction of two apartment buildings in excess of
the maximum number of unite allowed.
3. Approve the conditional use request to allow construction of more
than one building on an unplatted lot, and to approve the conditional
use request to allow construction of an apartment building in excess
of the maximum number of unite allowed with the following conditions:
a. The buildings be allowed to be constructed in two phases.
b. A portion of this unplatted property be dedicated to the city for
the proposed extension of Hest 7th Street prior to building
permit application.
c. An approved landscaping plan be submitted prior to building
n permit application.
s
l
C. STAPP RDCOMENDATION:
M
Planning Commission Agenda - 5/10/88
Staff recommends approval of the conditional use request to allow
construction of more than one building on this unplatted lot, and also
recommend approval of the conditional use request to allow construction
of two apartment buildings in excess of the maximum number of units
allowed. We also recommend approval of the construction of these
proposed apartment buildings in two phases. We recommend as a condition
to the conditional use request that the developer dedicate to the City
the necessary easement needed for the construction of the extension of
West 7th Street, and the approved landscaping plan be submitted prior to
building permit application.
D. SUPPORTING DATA:
Copy of the location of the proposed conditional use request] Copy of the
site plan for the proposed apartment buildings in Phase I and Phase II.
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MOUSING MIX SUMMARY -'1987 AND 1988 PROJECTED
MAY 6. 1988
TABLE A
EXISTING HOMES AND PERM APPS
MULTIPLE FAM DWELLINGS
AND PERMIT APPLICATIONS # I
TOTAL EXISTING HOUSING UNITS
1987 PERCENT 1988 PERCENT
TOTAL OF TOTAL TOTAL OF TOTAL
883 55% 893 52%
736 45% 838 48%
1619 1731
TABLE B 1987 PERCENT 1988 PERCENT
I
TOTAL OF TOTAL TOTAL OF TOTAL
I
I
EXISTING HOMES/PERMIT APPS I 1060 89% 1060 56%
AND SINGLE FAM BLOND SITES
I
MULTIPLE FAM DWELLINGS
AND PERMIT APPLICATION I 736 41% 838 44%
I
TOTAL EXISTING HOUSING UNITS I 1798 1898
AND SINGLE FAM BLOND SITES
W INCLUDES PROPOSED SENIOR MOUSING PROJECT.
ALSO INCLUDES PROPOSED 42 UNIT MULTI FAMILY DEVELOPMENT.
COMPREHENSIVE PLAN LIMITS MULTI -FAMILY HOUSING TO 45% OF TOTAL
MOUSING STOCK. WITH CONSTRUCTION AS PLANNED HOUSING STOCK +
BUILDABLE SINGLE FAMILY SITES. CURRENT PROPOSALS COMPLY WITH MOUSING
MIX ORALS. FURTHER MULTI -HOUSING DEVELOPMENT DEPENDENT ON
DEVELOPMENT OF SINGLE FAMILY LOTS.
IF
GENERAL HOUSING POLICIES
In Monticello, urban planning should be designed to promote high
standards for residential development and help to assure the best
possible living environment.
1. The Planning Commission, in coordination with the Housing and
Redevelopment Authority, will be advocates for reform of land
use controls, increased housing funding, governmental and
legislative changes, and in general, act to increase public
awareness of housing problems and solutions. The Commission
will evaluate the City's regulatory codes and ordinances to
insure that these regulations provide maximum opportunity to
develop a range of housing types at various income levels and
permit utilization of innovative site development and
construction techniques.
2. Attempts will be made to develop and implement affirmative % S
programs for open housing. Open housing is housing that is Cool
available to all persons without regard to race, creed, color,
sex, or ethnic background.
3. New housing areas shall be provided utilities as they expand/ o MP 'se S
toward the perimeter of the City. V
4. Residential uses should ba permitted to mix with commercial or /� s
Industrial uses unless it can be demonstrated that the (I
5.
residential and non-reeidential uses will be in conflict.
S. Developments shall be designed to respect the natural features L 1 I;e S
O 1
of the site to the maximum extent Leasable.
6. Development proposals will be evaluated with respect to their
potential effect upon adjacent and nearby developments and their
effect upon the public welfare of the City and adjacent
communitieo.
7. Developments must be developed according to well conceived plane e s
that tend to unify and relate to each othetl developments that GO I"�
are a hodge-podge and ill-conceived will be disapproved.
6. Within the OAA, a density of 10,000 to 12,000 square feet of lot
area per dwelling unit will be promoted in the areas of utility �1
service contiguous to the present city and in those areas where I�
central utility service construction is contemplated within five
years. ,
9. Although anticipated densities in areae capable of utility
service within five years may be designed at 10,000 to 12,000
square feet of lot area per dwelling unit, building permits
shall not be issued for a density of more than one dwelling unit
per 2.5 acres with on-site sewer systems based upon percolation
tests.
-44- • t. %
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10.
The existing density requirement (land ace& per dwelling units)
as outlined in the coning ordinance shall be continually
1
reviewed to determine their appropriateness for adoption to
changing times and conditions.
1` 11.
Appropriate urban renewal measures will be taken to assuce
maintenance of the existing housing supply in good to excellent ! S
condition. Suitable standards for structure and yard
maintenance will be developed and enforced to help assure
maintenance of residential neighborhoods in a sound condition.
s
12.
All types of housing will be
yp g permitted including apartment
structures, townhouses, and others, provided each is properly ��/hs
located according to the Comprehensive Plan, the site plans and
1i
structural quality (materials, workmanship, and design) are in
accordance with the highest feasible standards, and each is in
conformance with the provisions of the zoning ordinance.
i
f 11.
where provisions for sanitacy sewer are not contemplated in the
near future (within five years), the density shall not exceed
one dwelling unit per forty acres. The actual lot: size pec
unit, however, may be as small as 2.5 acres subject to the
provision of an approved individual on-site sewage system based
upon percolation testa.
Sinqle Family Housinq Policies
1. Home occupations will be permitted provided such activities are
conducted in a manner which assumes that evidence of such u
occupation is not present.
2. Single family housing should not be allowed individual access toA
major thoroughfares but will orient toward minor residential N K
streets.
Multiple Family Housinq Policies
1. Multiple Family Wellings are recognized as being a worthwhile
addition to the urban environment and tax base under conditions
as established in the Comprehensive Plan and by zoning, �t s
subdivision, and othac codes and ordinances.
However, the Planning Commission will look with diofrvor upon
projects with design features that ace eoneideced inappropriate,
such as architectural designs that are Incompatible with
existing and proposed developments and unimaginative site
designs.
i 2. Multiple Welling projects shall be encouraged to develop as
*Planned Units* with specific plans submitted for structures,
architectural design, landscaping, circulation, open space,
c&creation facilities, and any other features that may be
proposed. CQ
�r. 7
3. Multiple dwelling projects should not cause the number of
existing and/or approved public and private dwelling unite in
the community to exceed forty-five percent (451) of the existing
single family building sites located within the City of
Monticello.
4. Aesthetic considerations such as the architectural style and
general appearance of any proposed multiple dwelling project
will be a major consideration but will not be the sole V
justification for approval or denial of any proposed apartment
building.
5. The Planning Commission will recommend denial of any proposed 0 Aft
multiple dwelling project that falls within any of the following
conditionsi
tll
a. There is tactual evidence to indicate that there will be a
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definite and significant depreciation of property values or
detriment to single family residential living in the
as parks,
surrounding area directly attributable to the proposed
multiple dwelling structures.
this, the
b. There is factuel evidence to indicate a potential hazard to
the public safety or health that would not be present if
the land were to be utilized for any other permitted land
use.
C. The proposed multiple dwelling project is of such pact
-46-
quality and/or design that there is reason to believe that
vacancies may be extensive in the future due to competition
from more properly designed projects and such poor quality
in structure and/or design will eventually lead to urban
blight in the form of dilapidation, health hazards, fire,
and safety hazards, and other threats to the public health,
safety, and general welfare.
6. Multiple family dwelling developments shall access only to �� S
collector* or thoroughfares to prevent an excess amount of
vehicular traffic on minor residential streets.
7. Where multiple family dwelling projects serve as a `buffer*
between single family homes and non-residential uses, on -sato Cwt
buffers or other design elements shall be considered as a part C
of the project to ensure a quality living environment for future `f oA
residents of the project.
8. Multiple family dwelling projects will not be allowed to �$
constitute a "Spot zone'. M example of such a spot cone is a 0
single apartment structure located immediately adjacent to
single family homes and completely surrounded by single family
dwellings.
9. Multiple family dwellings
should be
locatO in close proximity
to public open space such
as parks,
playgrounds, schools. and 0
similar uses. In lieu of
this, the
multiple dwelling project
should lnolude adequate open recreational space on the site.
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Planning Commission Agenda - 5/10/88
4. Public Hearing - A variance request to allow construction of an attached
2arase within the front yard setback requirement. Applicant, Todd
Tneisen. (G.A.)
A. REFERENCE AND BACKGROUND:
Mr. Theisen is proposing to be allowed to construct an addition onto the
existing front porch of the house to accommodate a 2 -car garage. With
the placement of this proposed garage addition, the front most portion of
the garage would be within 85 feet of the front property line. The
adjacent house to the west of Mr. Theisen's property is the Fair's
property, which the front most portion of their house is within 127 feet
of their front property line and the existing front porch on the house to
the east of them, the Dahlheimer's, is 113 feet from the front property
line.
By ordinance, a structure can be placed up to a maximum of 66 percent of
the difference from the average front yard setback of the two adjacent
structures, the Pair's and the Dahlheimer's houses, from the minimum
setback requirement, which is 30 feet. The average setback distance from
the Fair's 127 feet to the Dahlheimer's 113 feet is an average of
120 feet of setback. If we subtract the 30 -foot minimum front yard
setback, we would have 90 feet of setback distance of which we can take
66 percent. Sixty-six percent of the 90 feet is 59.40 feet, which we
would add to the minimum 30 -foot setback, so the closest this proposed
garage addition could be from the front property line would be
89.4 feet. Mr. Theisen is proposing to be allowed to be within 85 feet
of the front property line. Also, Mr. Theisen is proposing to be allowed
to place the garage to within 5 feet of the side property line. The
minimum setback requirement on a sideyard setback is 10 feet.
B. ALTERNATIVE ACTIONS:
1. Approve the variance request to allow construction of a garage
addition within the front yard and side yard setback requirements.
2. Deny the variance request to allow construction of a garage addition
within the front yard and aide yard setback requirements.
C. STAPP RECOl4lERDATION:
City staff has no recommendation in this variance request. However, we
will again state the footage which the applicant to short in distance in
tho minimum front yard setback, which is 89 feet, to the maximum front
yard setback, which Mr. Theisen is proposing an 85 -foot front yard
setback. The sideyard setback on the west aide of his property is a
10 -foot setback, and Mr. Theisen to proposing to come within 5 feet of
the side property line, a 5 -foot variance.
D. SUPPORTING DATA:
Copy of the location of the proposed variance request, Copy of the Otte
plan for the variance request, Copy of the Zoning Ordinance which states
the minimum front yard setback.
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'•a•:•' •. - . _ 3-3 : Y*D REQUIREAfL'NTS: .. - .
(A) PURPOSE: This section identities minimus yard
spaces and -areas to be provided for in each
zoning district.
(B) No lot, yard or other open space shall be reduced
in area or dimension so as to make such lot,
yard or open space less than the minimum required
by this Ordinance, and it the aciating yard
or other open space as existing is less than
the minimum required it shall not be further
reduced. tai required open apace provided around
any building or structure shall be included
as a part of any open space required for another
structure.
(C) All setback distances, as listed in the table
below, shall be measured from the appropriate
lot line, and ahall be required m+m+^ distances.
Front Yard Side yard Rear Yard -
A-0 90
R-1 30 �nl' 30
R-2 30 10 ' 30 -
2-3 30
20 30
R-6 30 30 30
PZ -R See Chapter 10 for specific regulations.
Z. PZ -M See Chapter 10 for specific regulations. -
i S-1 30 ; 13 - 20 ..-..
In addition, each condominium unit shall
t� have the minimum lot area for the type
of housing unit and usable open space
as specified in the Area and Building
Sirs Regulations of this Ordinance. Such
Lot areas may be controlled by an individual
or joint ownership.
(r) In residential districts, where the adjacent
structures exceed the minimum setbacks
established in Subsection (C) above, the
minimum setback shall be thirty (30) feat
plus two-thirds (2/3) of the diffarenee,
between thirty (30) feet and the setback
or average setback of adjacent structures
within the same block.
M
3-4: AREA AND BUILDING SIZE REG=TIONSi
(A) PURPOSE: This section identifiee tLai a -
area and building size requirements to
be provided in each zoning dlgtrict as
listed is the table below.:
.......
a DISTRICT LOT AREA LOT MZDTB BU== Sz:=2 'w �-_•
A-0•" 2 acres 200 •+;.c .,"::1VA ',.' :o' ::-:
-�,i''' 1.t�,.
t ,:,.
c ,•�_. _, •_a-1 a.n13.000 %'! 80 =._t•• -' 2y
,:. `a `.
9-2 12,000 ,..'SO •..= ti .. r.
-3 eotr
i
2Niwi
ir
-{ �200tR �B OOO r a;.
•- -
v3-►. Mem0 em -�
M
Planning Commiasion Agenda - 5/10/88
Public Hearin - A Qceliminaq plat request, proposed expansion of Fast
R ellberg Moble Home Park; and consideration or amendments to the City
o Monticello zoning map. Applicant, Kent R7ellberg. (J.O.)
For consideration is a preliminary plat application, proposed expansion
of Kjellberg Park East Mobile Home Park, and consideration of amendments
to the City of Monticello zoning map. items under consideration are
associated with the proposed subdivision entitled "The Evergreens."
Subject property is described as southwest 1/4 of Section 14, TWP 131,
RGE 25. Following the discussion regarding the preliminary plat
application, the Planning Commission will be asked to make a
recommendation on the preliminary plat, the zoning, and expansion of the
mobile home court. Please note that the Planning Commission has 60 days
from April 20, 1988, in which to make its recommendation regarding
Evergreens subdivision. Following is a review of the proposed
subdivision and also included are staff recommendations.
Also included as Exhibit C is a review of the Evergreen proposal
completed by Consulting Planner, John Uban, of Dahlgren, Shardlw, and
Uban. Hie gents regarding the subdivision have been incorporated into
this document.
A. REFERENCE AND BACKGROUND:
As you recall, at the regular meeting of the Planning Commission held in
March 1988, Planning Commission reviewed a sketch plan submitted by
Rjellberg which was referred back to staff for further review. Staff and
Rjellberg met on numerous occasions to work through issues brought forth
at the March meeting, and staff has also been working with Kjellberg on
resolving other issues associated with this plat.
As you know, the property in question is not officially part of the City
of Monticello. It, therefore, appears that this review is premature.
However, in light of the preliminary decision by the Municipal Board and
in light of the fact that Mr. Kjellberg accepts all risks associated with
the review of his plat prior to its annexation, staff felt comfortable in
proceeding with the preliminary plat review stage of the review process.
Please note, however, that the City Council will not address the Planning
Commission's recommendations until the property io part of the city of
Monticello. As stated above, staff has been working closely with
Kjellberg in developing a site plan that meets the requirements of the
City. Despite our beat efforts, there are still some differences that
the Planning Commisolon will be addresoing in the discussion at the
May 10 meeting.
DEVELOPMENT SUMMARY
The Evergreen Subdivision proposes the development of 236 lots zoned R-1
or R-2. The proposal also calls for development of multi -family housing
along Highway 25 and also includes the development of 28 mobile homeo as
an extension to the existing Kjellberg Park East Mobile Park. Kjellberg
proposes three phases to the overall development of the Evergreen
Subdivision. The first phase consists of 13.7 acres and includes
development of 75 residential Iota.
-5-
Planning Commission Agenda - 5/10/88
Phase I will be reviewed within the context of the entire evergreens
development in terms of engineering and land use planning. In order to
conduct such a review, the City requires that couplete engineering
feasibility studies addressing sanitary sewer, water, and storm sewer
systems be submitted by the developer which clearly integrate the three
phases of the project. The City will not approve this project based on
feasibility studies for Phase I only. To date, the engineering
information provided by the developer is insufficient to warrant Council
action on this plat. However, the developer has provided enough
information for the City Engineer to conclude that the development of
utilities associated with this plat design is feasible. Therefore,
review of this plat by the Planning Commission is appropriate at this
time.
The Planning Commission will be reviewing all three phases of the
Evergreens plat in anticipation of the development of Phase II and Phase
III sometime in the future. At this times, however, only Phase I is under
formal consideration. Phases II and III will be reviewed via the
preliminary plat process prior to construction of those phases.
Following are some issues that twat be resolved prior to Planning
Commission approval of this plat. Staff comments are as follows.
BLOCK WIDTH
The Subdivision Ordinance states that "the width of the block shall
normally be sufficient to allow two tiers of loto of appropriate depth."
As you can see on the eastern boundary of the subdivision, there is a
single tier of lots throughout much of the length of County Road 117.
Although the Subdivision Ordinance does not specifically prohibit single
tier development as shown, however, such a configuration does represent
poor design.
BUILDING L0T DESCRIPTIONS, STANDARDS, AND REQUIREMERM
There are a number of lots that border the three major utility company
easements. These lots have a reduced buildable area because of their
proximity to an easement. I have checked each one of the lots and found
that it is possible to place a 1,000 sq ft building on all but one of the
lots that fall into this category. The exception is Lot 8, Block 3, of
Phase I. A house that is 1,000 aq ft in size meets the standards as
established by the covenants, a copy of which is attached as Exhibit �.
Tbere are other issues associated with lots neighboring the Amoco
pipeline which are addressed later in this memo.
-6-
`t STREETS AND ALLEYS
u
Planning Commission Agenda - 5/10/88
Staff recommends that temporary cul -0e -sacs be established where roads
end at the perimeter of the development area. Such roads include Kirk
Lane, Thomas Lane, and Marty Drive. Such cul-de-sacs are necessary for
the proper maintenance of streets. This item can also be included in the
developer agreement.
Staff also recommends that Marty Drive be extended southward through the
Northern States Power easement to the existing mobile home court frontage
road.
The angle of the turns shown for Thomas Lane, Robert Drive, and Kathy
Lane are at a radius of 75 feet, which complies with the Subdivision
Ordinance.
COMPREHENSIVE PLAN
The Evergreens Subdivision proposal complies with the Comprehensive
Plan. As you may recall, at issue earlier was the need for a major
east/west road through this subdivision which would connect to pointe
east. According to the City Planner and City Engineer, the presence of
Mae Drive acting as the major eaet/west arterial road brings the plat in
compliance with the thoroughfare section of the Comprehensive Plan.
In terms of compliance with land use requirements noted in the
Comprehensive Plan, the subject property is earmarked in the
Comprehensive plan for development as residential property. Therefore,
the subdivision is basically in compliance with the comprehensive Plan.
However, it is proposed that a small retail node be established at the
corner of Highway 25 and Mae Drive. This development proposal, though,
at odds with the general plans for area, is not at variance with sound
land use planning and to appropriate for this site.
Attached for your review as Exhibit 8 is an excerpt from the
Comprehensive Plan which outlines the subdivision policies of the City of
Monticello. It is the view of staff that this proposal complies with all
subdivision policies except for policy ie which states that street names
should be in accordance with the uniform street naming and numbering
system adopted by the City. It is staff's view that the minor streets in
the subdivision be named in keeping with the Evergreen theme. The
preponderance of names beginning with the letter "K" may caUoe confusion
in the future.
-7-
Planning Omission Agenda - 5/10/88
PARRS
At the March meeting of the Planning Commission, Planning Commission gave
staff direction to work out an agreement with Rjellberg regarding the
park dedication and design associated with the Evergreen Subdivision.
Despite staff's repeated discussions with Rjellberg, an agreement on the
final configuration of the park area was not established. The proposal
that Rjellberg submitted was his last best offer to staff. Staff
submitted its last best offer to Kjellberg, which was not incorporated
into Rjellberg's final plan. Please note that Planning Commission has
the leeway to abandon staff's last best offer as well as Rjellberg's last
best offer and suggest another area for the park. Please also remember
that Rjellberg is required by ordinance to dedicate 10 percent of his
plat as park land or provide the City with a cash equivalent. This
option is at the City's discretion.
Staff Recommendation on Park Design
The last beat offer that staff made to Rjellberg regarding park design is
similar to the design that Rjellberg submitted except that the City's
proposal included Lot 1, Block 3, and Lot 4, Block 3, as part of the
park. In addition, the City's proposal did not include any of the
property south of the walkway which lies in the power line easement as
part of the park area. Please see the attached Exhibitp for more
information pertaining to the distribution of park land n and outside of
the easement. Exhibit g includes an outline of Rjellberg's proposal,
staff's last best offer, and also attached is a proposal that the
Planning Commission has the prerogative to review which includes Lots 1,
2, 3, and 4, Block 4, being included in the park area.
If the Planning Commission is not satisfied with either of these options,
there is always the option of establishing a park area in the center of
the development or in another location as desired by the Planning
Commission. Also, please see John Uban's review of the park dedication
situation. Uban suggested that the Planning Commission could establish a
reasonable ratio between property that is encumbered by existing
easements versus that which is unencumbered. Since 80 percent of the
property is unencumbered by easements, it could be reasonable to assert
that 80 percent of the park should be unencumbered by easements as well
with the remaining 20 percent existing within an easement.
Impact of Phased Approach on Park Development
Staff is concerned about the impact of the phased approach of this
project with respect to the City's ability to develop the park as
outlined on the preliminary plat and as diecuosed prior to the
development of the preliminary plat. Since the phased approach to thio
development does not call for park development until Phase III of the
overall project, the City needs assurances that park development will
actually occur. It is proposed by staff that the developer pay one-tenth
u
-B-
Planning Commission Agenda - 5/10/88
the value of land developed in Phase I when Phase I is constructed. This
money would be deposited in a park fund. At such time that Phase II is
developed, 10 percent of the value of that land would also be deposited
in the park fund. At such time that Phase III is developed, the
developer would dedicate the property as outlined in the plan with the
City paying the developer for the cost of the land. The developer would
pay cash in lieu of land if park dedication area is less than 10 percent
of the subdivision area.
ISSUES PERTAINING TO THE AMOCO PIPELINE
The materials that flow through this pipeline include gasoline, home
heating oil, jet fuel, diesel fuel, and other petroleum products. This
particular line has never experienced a failure. However, there was a
spill in 1986 which was caused by an individual doing excavation work.
The line that runs through Rjellberg's property has a seamless design
which differs from the line that broke in the City of Moundsview. The
Moundsview pipeline has numerous joints which can be prone to failure.
Recently I spoke with Mr. Peterson of Amoco Oil Company, and I asked him
a number of questions regarding development restrictions near the
pipeline that now runs through the proposed development area.
Mr. Peterson indicated that construction is allowable up to 25 feet from
the pipeline. The subdivision plan does show the 25 -foot easement, and
It would appear that the construction can occur on all but one of the
lots that contain this easement.
It should be noted, however, that the state legislature recently passed a
law which stated that local units of government should pass their awn
requirements regarding setbacks from pipelines such as the one that
paasee through Rjellberg's property. The State will be establishing an
ordinance in the future for those cities or counties that do not
establish minimum setbacks. Please note that the future State Ordinance
will supersede any local ordinances. Therefore, the local ordinance must
meet or exceed State guidelines for setbacks along pipelines.
Unfortunately, it's very difficult to estimate what the State guidelines
will be for setback requirements along the pipeline. The possible range
is anywhere between a 25 -foot and a 200 -foot setback requirement. Prior
to adoption of this setback requirement, previous laws pertaining to
setbacks along pipelines remain in force. I am concerned, however, that
future laws may restrict development of structures near the pipelinew and
therefore, many of the lots, if not developed immediately along the
pipeline, could be rendered unbuildable.
If the setback requirements are increased from 25 feet to 50 feet, only a
few lots will become unbuildable. Any new setback requirements greater
than 50 feet could create many unbuildable lots.
I have discussed this matter with the City Attorney, and he has provided
information regarding this situation to the developer. The developer has
determined that he will proceed with the plat as it now exists with full
knowledge of the risks involved.
-9-
Planning Commission Agenda - 5/10/88
The Planning Commission may want to discuss whether or not it views the
presence of the pipeline so close to so many homes as a problem.
Mr. Peterson of Amoco 011 indicated that a 50 -foot building setback is
appropriate for homes along a pipeline such as the one that runs through
the property.
One of the charges of the Planning Commission is to promote land
development that is in the best interest of the safety and welfare of the
cammmunity. The Planning Commission does have the option of recommending
denial of approval of this plan based on the proposed close proximity of
homes to the pipeline. Planning Commission may wish to defer approval of
this plat pending further investigation of the dangers associated with
this pipeline. Approval of this plan as submitted exposes the City to
liabilities associated with the pipeline. It is very difficult, however,
to determine the level of risk that the City is exposing itself to by
allowing the development as proposed. Attached for your review as
Exhibit E is a section of the statutes pertaining to the rules regulating
pipelines in the state of Minnesota.
Following are items that are related to this development which will be
included in the developer agreement, which must be established prior to
approval of final plat.
1. Developer must complete sewer, water, and storm ewer feasibility
studies which address all phases of the project. Such studios must
be signed by registered engineer and signed by the City Engineer.
If, after further engineering study, it is determined that the plat
must be altered, such alterations must be reviewed by the Planning
Commission.
- Tree planting plan.
`
- Cluster mailbox plan and sod establishment plan.
- Specifications for turn -grounds.
- Provisions for City acquisition by warranty deed of all park property
and walkways.
- Financial guarantees and security bond relating to or integrated with
the timing of completion of iuprovemente.
- Paying for and installation of street signs.
- Development of landscaping and buffer between outlets A and B from
Highway 25 and also plans for grading and seeding of park land and
buffering of park land from adjacent lots.
- Provisions for full-time inspection of all work and clear understanding
that City will not accept dedication of utilities until such
improvements are completely inspected and approved.
- Provision of an easement for extension of sewer and water to Phase I of
J��•^•I >
the project which crosses outlet that will someday became Phase II.
tri l,trt
ALTERNATIVE 01
Planning Commission may recommend approval of this application subject to
the following conditions.
1. Developer must complete sewer, water, and storm ewer feasibility
studies which address all phases of the project. Such studios must
be signed by registered engineer and signed by the City Engineer.
If, after further engineering study, it is determined that the plat
must be altered, such alterations must be reviewed by the Planning
Commission.
7
Planning Commission Agenda - 5/10/88
2. Plat park plan must be redesigned based on input from the Planning
Commission at the May 10 meeting.
3. Preliminary plat street names to be amended to match Evergreens
theme.
4. Covenance must be amended through deletion of Section 26 which
references septic systems on subject property. Each deed must refer
to presence of the Amoco pipeline if said pipeline is within 100 feet
of any portion of deeded property.
5. Developer to complete Environmental Assessment Worksheet and receive
approvals from the Minnesota Pollution Control Agency.
ALTERNATIVE #2
As stated earlier, the Planning Commission does have until around June 20
to make a recommendation regarding this plat. Planning commission can
discuss this plat and table it pending further investigation regarding
the hazards associated with the Amoco pipeline. �• -s o.. n c/:. d y
ALTERNATIVE +3
The Planning Commission could recommend denial of this plat based on a
finding that a public safety hazard would be created by the proposed
establishment of building sites so near the Amoco pipeline. The Planning
Commission could direct the developer to redesign his plat and
incorporate a setback requirement along the pipeline that the Planning
Commission would be more comfortable with.
Staff Recommendations Regarding zoning Issues
Staff recommends that the Planning Commission act to recommend to the
City Council that the subdivision area be zoned as follows. Points north
of Kirk Lane to be zoned as R-2 residential diatrictt Outlets A and B to
be zoned R-3 with the exception of the corner lots to be created at the
intersection of Highway 25 and Mae Drive. The two corner lots at this
site to be zoned for highway commercial activity. The balance of the
property now being subdivided should be zoned as R-1 residential
district.
fSin
CxA,A,tn
• nrry R nr nnrrrrr nir e�nvr•••rrr uln nrr•►rrl.I lIJNJ
UCLLMRNITIuI%,' lnur rmul cl.l Ivc l.uvcll lI a NI�N RCa1 R1
• OF ?HE EVERGREENS'
KNOW ALL MEN BY THESE PRESENTS, that KENT KJELLBERG, a single
person, owner of all the following described premises, situated in the
County of Wright, State of Minnesota, to -wit:
Lots One (1) through Five (5) , Block One (1); Lots one (1) through Six
(6) , Block Two (2); Lots One (1) through Eight (8), Block Three (3); Lots
One (1) and Two (2), Block Four (4); Lots One (1) through Ten (10), Block
Five (5); and Lots One (1) through Nineteen (19), Block Six (6) , THE
EVERGREENS.
and desiring to establish the nature of the use and enjoyment thereof, do
hereby declare said premises subject to the following expressed
covenants, stipulations and restrictions as to the use and enjoyment
thereof, all of which are to be construed as protective covenants and
restrictions running with the title to said premises and with each and
every part and parcel thereof, to -wit:
1. LAND USE All lots hereinbefore described shall be known and
classified as single family residential lots, subject to all appropriate
city, county and state regulations.
2. GENERAL PROTECTIVE COVENANTS AND RESTRICTIONS COVERING
SINGLE FAMILY RESIDENTIAL LOTS.
A. Buildings. No structure shall be erected, altered, placed or
permitted to remain in any of the sold tots other than one (1) detached
single family dwelling not to exceed two (2) stories in height and a
private garage not to exceed two (2) stories in height for not more than
four (4) cars. No tent, shack or other portable or temporary structure
shalt be placed upon said lots, whether used for residential purposes or to
any other manner. No mobile home, except a recreational vehicle mobile
home, or trailer house may be stored upon the lot nor used thereon for
residential purposes, either temporary or permanent. No single family
dwelling house having less than one thousand (1000) square feet of livable
area shall be erected; permitted or maintained on any of said lots. No
'earth home' shall be permitted. All houses shall have either attached
garages or detached garages, shingled and sided the same as the house. No
garage or other building whatsoever shall be erected on any of said lots
until a dwelling house shall have been erected or until a contract with a
s reliable and responsible contractor shall be been entered into for the
construction of a dwelling which shall comply with the restrictions as
herein contained.
& ti, 6,'f A
Page 2
Declaration of Protective Covenants and
Restrictions of "The Evergreens'
Prior to the erection or after the erection of such dwelling house, no
garage or other buildings shall be used for residential purposes. No
portion of the premises shall be occupied until the exterior of the dwelling
is completed and no used lumber shall be used on the exterior. Any and all
fenced must be maintained and kept in good repair and also painted to
match the exterior of the dwelling.
D. Use of Premises. No livestock, horses, fowl or poultry or animals of
any type shall be kept on any of said lots, except that no more than two (2)
dogs or two (2) cats over three (3) months old may be kept upon the
premises provided the same are properly kenneled or tied when not
attended, and no business of any kind or character whatsoever, for
commercial use shall be conducted from or in any residence on said lots.
E. Trash, Garbage and Other Debris. No trash, garbage or other debris
shall be kept on these premises and each lot owner shall promptly carry
away or cause to be carried away, all such trash, garbage or debris, so that
the premises belonging to each owner shall be kept clear and orderly. No
motor vehicles shall be kept or stored upon the premises except those that
are being driven and currently licensed or registered.
BSewage
Disposal. None of said lots shall be used for residential
purposes prior to the installation thereon of water flush toilets, and all
bathrooms, toilets or sanitary conveniences shall be inside the buildings
b
permitted hereunder. Until such time as sewer hookups may be available,
0 t
811 bathrooms, toilets or sanitary conveniences shall be connected to
c�
septic tanks and cesspools constructed according to standard FHA, VA and
county or state specifications.'
I�b�
w. a �cte�
fI r���'e p+� (A�
O.W-
C. Subdivision. None of the said lots shall be subdivided into smaller
VW1I S`
lots nor conveyed or encumbered In less than the full original dimensions
G.
of such lot, as shown by the plot of THE EVERGREENS, except for public
utilities, provided that this restriction shall not prevent the conveyance
or encumbrance of adjoining or contiguous lots or parts of lots in such a
manner to create parcels of land in common ownership having the same or
a greater street frontage than originally shown. Thereafter, such parts of
adjoining or contiguous lots in common ownership shall, for the purpose of
these restrictions be considered as one lot. Nothing herein contained shall
prevent the dedication or conveyance of portions of lots for public
a
utilities, in which event, the remaining portion of any such lot shall, for
the purposes of this provision, be treated as a whole lot.
D. Use of Premises. No livestock, horses, fowl or poultry or animals of
any type shall be kept on any of said lots, except that no more than two (2)
dogs or two (2) cats over three (3) months old may be kept upon the
premises provided the same are properly kenneled or tied when not
attended, and no business of any kind or character whatsoever, for
commercial use shall be conducted from or in any residence on said lots.
E. Trash, Garbage and Other Debris. No trash, garbage or other debris
shall be kept on these premises and each lot owner shall promptly carry
away or cause to be carried away, all such trash, garbage or debris, so that
the premises belonging to each owner shall be kept clear and orderly. No
motor vehicles shall be kept or stored upon the premises except those that
are being driven and currently licensed or registered.
e—, 1., b,1 H
Page 3
Declaration of Protective Covenants and
Restrictions of ?he Evergreens'
The foregoing restrictions and covenants run with the tend and shall be
binding on ail persons owning any of the lots herein described until twenty
(20) years from date, at which time said covenants shall automatically
extend for successive periods of ten (10) years each, unless by a vote of a
majority of then owners of the said lots in this subdivision it is agreed to
change the sold covenants in whole or in part.
Deeds of conveyance of said property, or any part thereof, may contain
the above restrictive covenants by reference to this document, but
whether or not such reference is made in such deeds, or any part thereof,
each and all of such restrictive covenants shall be valid and binding upon
the respective grantees. Violation of any one or more of such covenants
my be restrained by any court of competent jurisdiction end damages
awarded against such violator; provided, however, that a violation of these
restrictive covenants or any one of them shall not affect the lien of any
mortgage now of record, or which hereafter may be placed of record upon
said lots or any part thereof.
Invalidation of any one of these covenants or restrictions by judgement
or court order shall In no wise affect any of the other provisions, which
shall remain In full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
1988.
�• iour�e.t —
KENT KJELLBERG
lie.
G/ `'0
dtic.40, /10,...;r� t�
4. All subdivisions, no matter how small, should be planned in such
a manner as to allow proper subdivision of surrounding land at a
future dotal a preliminary plan for the potential subdivision of
the surrounding sites should be prepared cegardleas of ownership Af S
involved to assure that the smaller subdivision will not Co.?
conflict with future development potential. where a subdivision
is surrounded by previously platted land, said subdivision
should be related to the existing conditions.
S. rand platted into larger lots should be so planned and developed
as to permit proper re -subdivision in the future even in L e.fk a f
situations where further re -subdivision may not appear likely.
6. The subdivision requlations should contain adequate provisions
for deviation from the strict application of the regulations to ht S
allow reasonable flexibility and imaginative site design within 40-f
the intent and purpose of zoning and subdivision regulations.
7. All lots should abut on a public streets access via private
streets or easements should not be permitted except where Gea"P /;s !
absolutely essential to the enjoyment of property rights.
9. street names should be in.accoedance with a uniform street
naming and numbering system adopted by the City. Sslfl
9. All lots and streets should be arranged so as to avoid
inefficient land shapes (such as triangle) and @Laos (such as 4CO A1. 1 e f
very narrow outlots).
10. All subdivision proposals should be complete$ that Ls, they
should have paved streets, curb and gutter, all utilities, and Cosy t f
public areas such as packs and playgrounds.
11. Overhead utility lines and poles should not be permitted. All
utilities should be placed underground and should be along rear
or side lot linos when feasible.
J.:.c:..'�r�sr-�as'w�taY:ri•.-_ .. ..� - _ r •�-ry a�-r�;
SUBDIVISION POLICIES
1. ' All subdivisions -should conform to the Comprehensive Plan (land
r
use, transportation, and community facilities) of the community,
2. All land developments should be controlled in a logical and
A
practical way through the planning process so as to gradually
N
develop the land utilizing its advantages yet being sensitive to
existing natural features worth saving for the future.
3. Emphasis shall be given to contiguous development accentuating
the homogenous nature of the community rather than a patchwork
•t s
Of localized and unrelated projects, and discourage the Ga
extension of public utilities to this non-contiguous
development, thereby discouraging *leap frog' development.
4. All subdivisions, no matter how small, should be planned in such
a manner as to allow proper subdivision of surrounding land at a
future dotal a preliminary plan for the potential subdivision of
the surrounding sites should be prepared cegardleas of ownership Af S
involved to assure that the smaller subdivision will not Co.?
conflict with future development potential. where a subdivision
is surrounded by previously platted land, said subdivision
should be related to the existing conditions.
S. rand platted into larger lots should be so planned and developed
as to permit proper re -subdivision in the future even in L e.fk a f
situations where further re -subdivision may not appear likely.
6. The subdivision requlations should contain adequate provisions
for deviation from the strict application of the regulations to ht S
allow reasonable flexibility and imaginative site design within 40-f
the intent and purpose of zoning and subdivision regulations.
7. All lots should abut on a public streets access via private
streets or easements should not be permitted except where Gea"P /;s !
absolutely essential to the enjoyment of property rights.
9. street names should be in.accoedance with a uniform street
naming and numbering system adopted by the City. Sslfl
9. All lots and streets should be arranged so as to avoid
inefficient land shapes (such as triangle) and @Laos (such as 4CO A1. 1 e f
very narrow outlots).
10. All subdivision proposals should be complete$ that Ls, they
should have paved streets, curb and gutter, all utilities, and Cosy t f
public areas such as packs and playgrounds.
11. Overhead utility lines and poles should not be permitted. All
utilities should be placed underground and should be along rear
or side lot linos when feasible.
J.:.c:..'�r�sr-�as'w�taY:ri•.-_ .. ..� - _ r •�-ry a�-r�;
11. Subdivisions should be physically developed in Lull, urban
density areas should be provided sanitary sever, paved streets
curb and gutter, public water and other improvements deemed&o
necessary.
13. in the case of small subdivisions or multiple ownerships, the
��� complete subdividers or developers may not be required to
Install complete facilities provided it is demonstrated that
this is clearly not feasible or practicable. Prior to final
approval of all subdivisions, however, it shall be determined NA
what improvements may be added by the community. When
substantially developed, full facilities (sanitary sewer, public
water, paved streets, etc.) should be added through action
Initiated by the community and assessed against the benefited
properties.
14. Future subdivisions, whether residential, commercial, or
industrial, shall be required to set aside public green apace
(parks, playgrounds, etc.) or cash in lieu of land for public
recreation in accordance with a uniform set of standards.
1
I� r
E,G,6'f C
CONSULTING PLA:?:ERS
L A ND SC.\PE ARCM rEC'. S
5111 FIPST N:ENUE i:ORTFI
SUITE -1,
,,71`:;: E.1 VOUS %IN :;1111
••1: I :u t UMI
PLANNING REPORT
DATE: 2 May 1988
TO: Jeff O'Nea11, City Administrator and Planning Commission
FROM: John Uban, Dahlgren, Shardlow, and Uban, Inc.
RE: Review of the Evergreens Preliminary Plat Dated April 15,
1988, Revised April 22,1988
We have reviewed the submitted preliminary plat drawing and have been asked to review
pertinent elements of the plan as it reflects overall planning and design.
1. PARK PLAN
The City may require a 10 percent dedication of the gross area for public park.
Dedication could not include areas for ponding or similar easement restriction
areas. By ordinance the City Council has the right to determine a geographic
location and configuration of said dedication. The City should look at that
dedication in light of usable land safety, and the overall relationship of the park
to the public it will serve.
It is important that the park have a regular, efficient shape so that the uses an
be successfully placed on the property and maintained in a reasonable fashion.
The plan must also encourage those activities in a good design that will be safe
and meet the needs of the public. In reviewing the proposed park plan which
offers 83 acres of dedication representing about a 7 percent land dedication, the
park has over half of the area located on land encumbered by utility easements
which restricts the desirability and usability of the site.
We thought that rather than to totally eWude such property from all park
dedication that itis reaaonable to look at the Evergreen property as a whole and
include some of the encumbered property in the same percentage as it cdsts on
the overall parcel.
t'�-6'f c
Encumbered Land
22 Acres for Utility Easements 18 percent
100 Acres Unencumbered Land 82 percent
122 Acres Gross Acres of Plat
100 percent
Based on the analysis of the condition of the property, we think a reasonable
ratio between property that is encumbered by existing easements versus that which
is unencumbered would be 20 peromt/80 peroent. This would mean that of an
overall dedication of 8.3 acres, 6.8 acres of it should be unencumbered by
easements.
Park property also should have adequate public access and visibility to the public
so it will be truly used by the citizens of the City. We generally use a
minimum of 400 feet of frontage along a public street for a neighborhood park.
Having only 20 feet of access on the end of Cherry Lane cul-de-sac is very poor
park planning. 'There needs to be greater exposure of the park to the overall
subdivision. Often times these pants are made into a center point of the
development to add a visible amenity for everyone who drives by. Turning this
park into an amenity and placing it on one of the curves of May Drive in the
center of the subdivision might be a more unique and a more marketable method
of adding open space to the overall plan.
The park should be graded with the rest of the progeny to City standards
topsonled, and seeded for general park use at the time roads and utilities are
installed. The trail system should be coordinated with the sidewalk plan with
sidewalks along collector streets. The etisting pauem of walkways is inadequate
and unsafe. They do not provide for good street crossing on collector streets.
The area would be better served by a more direct north -south street with
sidewalks linking the park to the northem undeveloped properties. The minimum
10 foot wide walkways as shown on the plat will become merely a nuisance as
designed to the adjacent properties. Sensitive areas of use change such as
trailways and certain areas of park land should be buffered from adjacent
single-family with plantings and berms. IMese details should be worked out prior
to final platting.
• /- :: •71:T•1i1�1��T1
We recommend that sidewalks be placed along the major east -west collector and
north -south collector. The main east -west collector labeled May Drive is a bit
circuitous and should realign itself using portions of Thomas Lane to have a more
direct linkage east and west.
The overall road "em Is confusing and tangled and does not offer a dear
understandable pattern which is needed for cafe circulation through the community.
We recommend a clearly aligned collector system with loop roads and cutdesam
coming off of it for development of individual neighborhoods.
rX.1,6.fC
The size of groupings of large blocks of homes on the plat ranges from about
forty homes in a single bloc[ to a block of only seven lots totally surrounded by
Thomas Lane and Robert Drive. The street names also get confusing with so
many first names starting with W. Perhaps naming of streets consistent with
the Evergreen theme of the subdivision would be more appropriate.
A design option that may be considered to create better neighborhoods is to allow
cul -de -sats and small loop streets which serve a minimum number of lots to have
roads designed with a 50 foot right-of-way and a 32 foot pavement width
3. ZONING
The proposed overall zoning is R-1 except for a portion labeled R-2 located in
the northeast portion of the site where all of the homes back up to the United
Power Association easement. The change of land use along this power line from
R-1 to R-2 is reasonable because of the larger than normal rear yard setbacks.
Outlot A and Outlot B as labeled show B-3 zoning. The subdivision is not
designed properly to accommodate this zoning because the lot depth is only 220
to 230 feet. Both of these outlots have double frontage on both the front and
rear as they sit along Highway, 25 and are served by the frontage road labeled
Marty Drive. Direct access would not be allowed to Highway 25, so Marty Drive
would provide the entrance points to the outlots. For commercial purposes this
will create rear yards exposed to the public which might be unsightly without
proper berming of screening.
Outlets A and B with aocess off of Marty Drive are better suited for multiple
housing. Townhouse or quadriminium type development would work well on the
outlots as they are presently designed There would be ample room for screening
along the highway and the rear lots with driveways fronting onto Marty Drive.
The east side of Marry Drive is all single-family homes fronting directly out onto
the road which should not happen with commercial development in either one of
the outlom This is not a good transition of land uses where commercial access
is shared by single-family on the same road. Multiple -family would be a better
transition of land uses on these two outlom
4. LOT ARRANGEMENT
The plat indicates that all of the lots meet the minimum square footage and
minimum frontage for single-family los. There are some lots, however, because
they are encumbered by utility easements that are of concern on whether or not
they are buildable. These lots aro Lot 8. Block 3; and Lou l l and 12, Block 5;
Phase n. Block 5; Lou 11 and 12, Block 3; Lot 10 and Phase M; Block 5, Lot 1.
These lots according to the deed restrictions which accompany the proposal must
have a 1,000 square foot house minimum with a two ear garage. This would not
be possible on some of these lou I suggest mora specific building plans be
explored on theso difficult lou or redesign the plat. The need for variances
should not be created in this plat.
The portion of the F4clberg Park East that is the extension of the trailer park
also has several lots that do not provide enough room. Lou 1, 3, and 7 In Block
2 appear noticeably smaller than the rest of the lots.
sY
I believe the submitted plat could be significantly improved by incorporating in a
creative manner a consolidated private open space for pondin* and exposing the public
park to more public street thus creating a high degree of identity for the subdivision.
Subdivision Plans that shown imaginative design and forethought and provide extensive
amenities well ensure residential development of greater value for the City. A creative,
planned subdivision will sell lots even in the softest of markets With a good design,
these Iota can be much more competitive and attractive and possrbl even worth more
to the consumer. Such lots can also sell quicker and minimize holding costs for the
developer. Creative design will benefit the developer and the City with a superior
product.
1)
EXHIBIT
OPTION 1
PARK DEDICATION CALCULATION - PRELIMINARY
PLAT PROPOSAL
DEVELOPMENT AREAS ACRES
9 OF
TOTAL
OUTLOT A
5.0
49
OUTLOT 8
3.4
39
PHASE 1
13.7
129
PHASE 2
34.0
309
PHASE 3
28.9
259
ROADS
8.2
59
ROADS
9.2
89
ROADS
S.9
59
PARK IN EASEMENT (INCLUDING WALKWAY)
5.1
49
PARK OUT OF EASEMENT (INCLUDING WALKWAY)
3.3
39
TOTAL DEVLPMNT AREA
114.7
OEVELOPMIFNT AREA ENCUMBERED BY EASEMENT -
APDROX 209
PARK LEWD REWIRED
11.5
PROPOSED
8.4
DEFICIENCY
3.0 (REWIRES CASH IN
LIEU OF LAND)
PERCENT IN EASEMENT
819
PERCENT OUT OF EASEMENT
399
OPTION 2
PARK DEDICATION CALCULATION - LAST BEST OFFER TO DEVELOPER
CALLS FOR INCLUDING LOT 1 BLOCK 3 AND
LOT 4 BLOCK 2 AS PARK AREA
DOES NOT INCLUDE 1.4 ACRES OF LAND SOUTH OF OUTFIELD
WALKWAY AS VIABLE PARK AREA - THIS AREA ALLOCATED TO PHASE III
DEVELOPMENT AREAS ACRES
9 OF
TOTAL
OUTLOT A
5.0
49
OUTLOT 8
3.4
39
PHASE 1
13.7
129
PHASE 2
34.0
309
PHASE 3
29.5
269
ROADS
5.2
59
ROADS
9.2
89
ROADS
5.9
59
PARK IN EASEMENT (INCLUDING WALKWAY)
3.7
3%
PARK OUT OF EASEMENT (INCLUDING WALKWAY)
4.2
49
TOTAL DEVLPMNT AREA
114.7
DEVELOPMENT AREA ENCUMBERED BY EAS04ENT -
APPROX 209
PARK LAND REQUIRED
11.5
PROPOSED
7.9
DEFICIENCY
3.5 (REQUIRES CASH IN
LIEU OF LAND)
PERCENT IN EASEMENT
479
PERCENT OUT OF EASETENT
539
1)
OPTION 3
PARK DEDICATION CALCULATION - PANNING COMMISSION ALTERNATIVE
CALLS FOR INCLUDING LOT 1 BLOCK 3 AND
LOT 4 BLOCK 2 AS PARK AREA
IN ADDITION - LATS 1.2.3.4 TO BEC0ME PARK LAID
DOES NOT INCLUDE 1.4 ACRES OF LAND SOUTH OF OUTFIELD
WALKWAY AS VIABLE PARK AREA - THIS AREA ALLOCATED TO PHASE III
DEVELOPMENT AREAS ACRES % OF
TOTAL
CUTLOT A
5.0
4%
OUTLOT 8
3.4
3%
PHASE 1
13.7
12%
PHASE 2
34.0
30%
PHASE 3
28.2
25%
ROADS
8.2
5%
ROADS
9.2
8%
ROADS
8.0
5%
PARK IN EASEIAENT (INCLUDING WALKWAY)
3.7
3%
PARK OUT OF EASEMENT (INCLUDING WALKWAY)
5.4
5%
TOTAL DEVLPMNT AREA
114.7
DEVELOPMENT AREA ENCUMBERED BY EASEMENT -
APPR0X 20%
PARK LAND REQUIRED
11.3
PROPOSED
9.1
DEFICIENCY
2.4
(REQUIRES CASH IN
LIEU OF LAID)
PERCENT IN EASEMENT
41%
PERCENT OUT OF EASEMENT
59%
tion Cf2Y CL6AMLINE SAFETY
1staye the
stain fuw maesW for fiaud�' *scum SO* Volume, mor W� �� See, also, Derivation under Ij 76.01 to 76.8
cy rule 4w 'AOp the muA�+�-do-
y
provided for the coodrL 1967, 1 7AS&
91.28. Enfoee'meat
ee. so, e. 478.1 8 Subdivision 1. The state fire marshal or the state fire marshal's depu ' d assist -
the state
K• we*, Dnivatioo If 18.01 to 76.Imes weroand authorpiro-aspunder the provisions o aha chapters to 1 I have the
odder
W Y P P
April 6, 1978 Subd. 2. They shall administer and enforce the laws relating to a construction,
gulation, safety, and operation of dry cleaning and dry dyeing es ishments; investi-
de, ascertain, declare and prescribe what reasonable stan for the adoption of
oproveatmt& or other means or methods ineludkeg the p bing, modifying and
rforeement of reasonable orders pertaining there., neees to Prevent fires and
cplosiom and for W protection and safety of employees the public in dry cleaning
ad dry dyeing establishments, not inconsistent with this a ter, but these requirements
remodeled, complete deatvings shall bind rules
and dry dyeing equired of establishme alterations and than undertaken by existing dry
m
and approval l � ds.
rsw1ng8'hal Subd. 9. No local government shall enact any gulation or ordinance which is
pions of
tanks for solvents g building, bojletncoonistent with the state law or with the rules standards adopted by the ata. fire
.ndPlpmg
ore' rstaaks. t, etc ps' lvaaheronarshalhow Ipnahower of any local government when so aursuant to this section. utho • by law, in thi tion shall
regulate the use of (ect land by
chi sprat and de
rulpsm VIMioning.
Ig"edAmended by taws 1986, a 218,1 10, laws 19 , c. 414.
e I95S, e. 47H, I"' AmendatreL laws 1988, e. 111, 1, that W amendments not change the sub.
1 10. readied gender specific reference* appl' to stance of the statutes amended.,,
a4o, D auOO und- 11 76At to 71111. mg�refoerence propposed anu man orsu,ch Derlvatlow
1 20, err. April .12 pncpar•d Dr the revisor of tutee put SL 1987, 1 76.61.
6. 1978 quant to laws It1H4, c. 480, 121 certified laws 1966, a 478. 28.
t 1�• a. 476, and filed with Ur secretary of s Leon Jam 24, 1
11 11 to 10. 1086. Section 2 of laws 1986 444, pr kik See, also, Derivation under 11 76.01 . 76.81.
we*• Denvatk, anger 11 76.01 to 76.81. 2991.2/. Money colt paid into general fund
All fees, penalties forfeitures collected by the state tiro marshal or the state fire
1066, t: /78 / �, marshal's deputies assistant& under the provisions of this chapter, shall be paid in. the
t 19 state treasury, ited to the general fund.
tiOO under 11 78.01 to 78.81. Amended by is 1978, a 717, 1 18, off. April 6, 1978; Laws 1986, a UI.
1056, - 178, 1 21.
1 Derlvauon under 1/ 76.01 to 76.81.
sage or ant. who shall viola
Iwjth, at who shall viola a to any
Or Dplaro i
4 299J.01 PIpE1.INE SAFM
PIPELIME SAFETY
Section Sectbs
(1) pipe with a nominal diameter o.
2641.0& Pipeline sethaelt ordinance. 29A1.11. Adoption of federal pipeliw inspection
to transport hazardous liquids, but
29W.06. Pipelur safety advisory ceuntaL ruin.
liquid by gravity, and pipe used to tr'
2641.07. Penalties for failing to report emer 2991.12 Pipeline inspection fn.
storage, or manufacturing facility:
gener release. ZMA& Aetxss to information: classification
of data.
(2) pipe operated at a pressure of
29W.0& Commissioner to report rebase: ad.
vies and coordination. 299J.14. line markers required; vandalism pro-
9113.
2941.09. Pigliw operators to fie information 499J.15. bibited; penal Disposal of pipeline prohibited: penal.
Subd. 12 Pipeline operator.
and give notice.ty. enforcement
operates a pipeline.
294).10. Incl government emergency response 4641.16. Civil penalty. injunctive relief.
place 2941.17. Other remedies preserved
Subd. 1& Rekaae. "Release" n.
IOWA& Plpelms aaff"y aoeuot
emptying, discharging, injecting, It
uncontrolled escape of • hazardous
WZM AW ®ecuonk Research
laws 1687, a 851, 1 2s.
Sw WEMAW golds Maui&( the Protons of
w anpplweat.
299J.t11 Offlea of pipettes safety
nW.01. Authority of ORke of plpeUne safety
Subdivision 1. FsuWhhment.'.
The commissioner of public safety shall, to the extent authorized by agreement with the
director appointed by the eommissior
service' The coinmiadi
United States Secretary of Transportation, act as agent for the United States Secretary of
unclassified
inspectors and other professional an
Transportation to implement the federal Hasaedous Liquid Pipeline Safety Act. United
States Code, title 49, sections 2001 to 2014, the federal Natural Gas Pipeline Safety Act,
Subd. 2. Qualaffetlona. (a) The
United States Code, title e9, sections 1671 to 1686, and federal pipeline safety regulations
operation and safety aspects of pipe.
with respect to interstate pipelines located within this state. an necessary to obtain annual
(b) inspectors meet have scientific ,
federal certification. The eommiesiomr shall, to the extent authorized by federal law,
dge of pipeline engin
t° depth knowledge
regulate pipelines in the state as authorised by sections 299,1.01 to 299J.17 aid 299F.86 to299F
inspectors IW plete cow
died as
lAws 11
Ian I9B7, e. 959.122.
by the Institute am as !
Laws 1987. e. llti9,1 2L
29 JAL Detinttbna
Strhd vWm 1. AppHeabdUy. The definitions in this teeUcn apply to sections 299J.01
nw.04L . Duties of the office of pip.
to 29W.17.
subdivision 1. General duties. T
Subd L Commissioner. "Commissioner" means the commissioner of public safety.
(1) promote the use of the 911 eme:
Subd. 8. Director. "Director" mean the director of the office of pipeline safety.
for the public to notify emergency re
Subd. e. Emergency. "Emergency" means a condition that poses a Clear and immedim
(2) provide training on a regular L
ate danger to Ufa or health or that threatens a significant less of property.
units in pipeline incident contingency
Sabd L Emergency releeae. "Emergency release" means a release that poses a
eouperation with pipeline operators,
clear and Immediate danger to life or health or that throatera a significant Was of
(3) require local governmental units
property
of continuing public education on the
Suhd. • Emergency responder. "Emergency responder" means a rim department or
(4) monitor and gather information ,
company, a law enforcement official or office, an ambulance or other emergency rescue
capable of detecting and geognphia
service. or the division of emergency services created by section 1204, subdivision 1.
gathered in the development of rub
Subd. 7. Gu. "Gas" has the meaning given it in Cods of Federal Regulations. title
legislature every two years in the m
the office under this clatnas
49, section 1928.
(5) maintain a data baa of all pipeli
Subd. & Hazardous liquid. "Hazardous liquid" means ••hazardous liquid" and ,high,
ly volatile liquid" as defined In Code of Federal Regulations, tWo 49, &action 195.2
from 118 pipeline operatom
Subd. 9. Local goversuwmal unit. "Local governments] unit" means a county,
(6) Inspect• as necessary, any roeot
299J.01 to 2691.17 to be kept by a Pip
town, or statutory or home rule charter city.
and the eomuuemenn. testing
cm
Subid. 10. Person. "Person" mom an Individual, rah assoeia-
IP,
pt mks
(� adopt nlles to Implement section
.o r per nal re
lion, or cher buafow entity a .trustee. receiver, ttazigaea, m personal representative of
any of them
TM rules adopted under clause r
Subd 11. Ptpolw "PiPdfer" masa:
hazardous liquid and ga piped
868
�� t
soction apply to sections 299!.01
the commissioner of public safety.
r of the office of pipeline safety.
Lion that poses a clear and immedio
cant loss of property.
e" mans a release that poses a
,t threatens a significant loss of
order" means a fire department or
dunce or other emergency rescue
1 by section 12.01, subdivision 1.
lode of Federal Regulations, title
sans "hazardous liquid" and "high.
lulations, title 49, section 195.2.
rmental unit" mew ■ county,
corporation, partnership. tssocis•
nee. or personal representative of
299!.04. Dulles of the office of plpellss safety
Subdlvlslon I. General dutles. 77e commissioner shall:
(I) promote the wis of the 911 emergency telephone system u an appropriate method
for the public to notify emergency responders of an emergency release;
(2) provide training on a regular basis to all potentially affected local govemmental
units in pipeline incident contingency planning and emergency response by itself or in
cooperation with pipeline operators, other state offices, or local governmental units;
(3) esquire local governmental units to work with pipeline owners to provido a program
of continuing public education an the subject of pipeline opersdon
auto
(4) monitor sod gather information on the development of reliable pipeline technologies
capable of detecting and geographically locating pipeline releases, use the information
VQaLhered in the development of rules u provided in this section, and report to the
Mg isture every two years in the manner provided by lection 3.195 on the activities of
the office under this clause.;
(5) maintain a data base of all pipeline relessea. which must be hued on annual reports
from all pipeline operators;
(6) inspect, as necessary. any record, map, or written procedure required bsection
299!.01 to 29W.17 to be kept by a pipeline opanter, concerning the reporting of sleazes,
and the design, construction, testing, or operation and maintenance of pipelines; and
M adopt rules to implement sections 299!.01 to 299!.17.
The Hiles adopted under clam (7) must toast separately and distinguish between
hazardous liquid and gas pipelines.
,;tz:]
t. �: v 11 •. i
�:^
v
PIPELINE SAFE7'If
PEPELIINE SAFM 2"J.04
(1) pipe with a nominal diameter of six inches or more, located in the state. that is used
Adoption of federal pipeline impeetm
to transport hazardous liquids. but does not include pipe used to transport a hazardous
ruin.
Pipeline inspection in.
liquid by gravity, and pipe used to transport or stare a hazardous liquid within a refining,
Access to udormatioo; Classification
storage, or manufacturing facility; or
'
of data.
(2) pipe operated at a pressure of more than 275 pounds per square inch that tarries
Line markers required; v,odatiem pro-
gas.
hibited; penalty.
Disposal of pgelme prohibited; pens4
Subd. 1L Pipeline operator. "Pipeline operator' means a person who owns or
ty: enforcement.
Ci il Rif'
operates a pipeline.
Other rremedes��re
preserved.
Subd. IL Release. "Release" means a spilling, leakin6. pumping, B. pouring, emitting,
Pipeline safety account.
emptying, discharging, injecting, Meshing, dumping, disposing, flowing, or any other
uncontrolled escape of a hazardous liquid or gas from a pipeline.
lawn 1987, C. W 12s.
299!.03. Office of pipeline safety
Subdivision 1. Establishment. 77te office of pipeline safety is under the control of a
it authnrized by agreement with the
director appointed by the commissioner and serving at the commissioner's pleasure in the
it for the United States Secretary of
unclassified service. The commissioner shall employ in the office of pipeline safety
Uqukl Pipeline Safety Act. United
inspectors and other professional and clerical staff who serve in the classified service.
al Natural Gose Pipeline Safety Act,
1 federal pipeline safety regulations
Subel. L Quali lattoas. (a) 77e director of the office must be knowledgeable in the
state, as necessary to obtain annual
extent authorized by federal law,
operation and safety aspects of pipelines.
(b) Inspectors must have scientific or technical training or experience that demonstrates
921 1 to 299!.17 and 29917.$6 to
in-depth knowledge of pipeline engineering technology and pipeline safety.
(c) Inspectors shall complete courses at the transportation safety institute and be
certified by the institute as soon an possible following appointment
Lawn 198f, e, ebs. I K
soction apply to sections 299!.01
the commissioner of public safety.
r of the office of pipeline safety.
Lion that poses a clear and immedio
cant loss of property.
e" mans a release that poses a
,t threatens a significant loss of
order" means a fire department or
dunce or other emergency rescue
1 by section 12.01, subdivision 1.
lode of Federal Regulations, title
sans "hazardous liquid" and "high.
lulations, title 49, section 195.2.
rmental unit" mew ■ county,
corporation, partnership. tssocis•
nee. or personal representative of
299!.04. Dulles of the office of plpellss safety
Subdlvlslon I. General dutles. 77e commissioner shall:
(I) promote the wis of the 911 emergency telephone system u an appropriate method
for the public to notify emergency responders of an emergency release;
(2) provide training on a regular basis to all potentially affected local govemmental
units in pipeline incident contingency planning and emergency response by itself or in
cooperation with pipeline operators, other state offices, or local governmental units;
(3) esquire local governmental units to work with pipeline owners to provido a program
of continuing public education an the subject of pipeline opersdon
auto
(4) monitor sod gather information on the development of reliable pipeline technologies
capable of detecting and geographically locating pipeline releases, use the information
VQaLhered in the development of rules u provided in this section, and report to the
Mg isture every two years in the manner provided by lection 3.195 on the activities of
the office under this clause.;
(5) maintain a data base of all pipeline relessea. which must be hued on annual reports
from all pipeline operators;
(6) inspect, as necessary. any record, map, or written procedure required bsection
299!.01 to 29W.17 to be kept by a pipeline opanter, concerning the reporting of sleazes,
and the design, construction, testing, or operation and maintenance of pipelines; and
M adopt rules to implement sections 299!.01 to 299!.17.
The Hiles adopted under clam (7) must toast separately and distinguish between
hazardous liquid and gas pipelines.
,;tz:]
2W.04 PIPUMIi SHIM
PIPBI.IPi6 SAFM
Subd. L Delegated duties. The commissioner shall seek and accept federal designs-
tion for
(b) By August 1, 1989, as& staWWr,
has and zoning authority unfit
of the office's pipeline inspectors Y federal agents the purposes of enforcement
of the federal Hazardous Liquid Pipeline Safety Act, United States Godo, title 49, sections
planning
462.351 to 662385, and in which a pil
001 to 2014, the federal Natural Gas Pipeline Safety Act, United Stales Code, title 19,
ordinance that meets or exceeds the mi
sections 1671 to 1686, and federal rules adopted W implement those acts. If the United
States Secretary of Transportation delegates inspection authority W the state Y provided
approved by the commissioner. The m'
local governmental unit does not adol
in this subdivision, the commissioner shall do the following W carry out the delegated
commissioner by August 1. 1989.
federal authority:
Vin 1987, e. 262, 1 2s.
(1) inspect pipelines periodically at times determined by nils of the commissioner,
(2) collect inspection fen: and
2991.00. Pipeline safety advise" eau
(8) order and oversee the tes• of Imes Y in rules
� � . provided adopted under this
embers app I. b theecom 'Rte
members appointed, b(vy the eammiaaion
section
Ous liquid pipeline iadnstry, one from
Subd. L Rulemaking contingent on federal authority. (a) The commissioner shall
if law
who design or eomtruet Pipeline. T.
aid three members must 1
consider adoption of rules on subjects in this subdivision federal authorizes the
state regulation. The IUCD must treat separately and distinguish between hazardous
emp=
government or the pipehne or "Hty le
Liquid and gas pipelines.
Subd. L Powe and datles The
(b) The commissioner shall consider higher safety margin requirements for operating
now appropriate federal. state, and 1,
relating to pipeline safety and opera
pressures on pipeline located in populated or environmentally sensitive areas.
quality board on
eionero of x
(c) The commissioner shall consider having pipeline operato 1 submit
l y
Oommimp
director and commissioner on th.
cone wive its to the office on the condition of their li requiring
Prete rep° pwe rc9 g
299F.56 to 299F.61, and 2991.01 W 2:
29
appropriate pipeline testing baled on concerns identified in these reports. The testing
rules and on the operation of the offs
requirements must apply more str(edy to pipelines in populated or environmentally
Subd. 11. Adminhtrative assist&
sensitive areae
administrative assistance necessary
(d) Thin commissioner shall consider methods for Line o
pipeline operators W Improve Heir
isolate
S.W. a. Terms; compewetloa;
ability W rapidly locate and releases. The methods must include:
members aro governed by section lb
(1) remote control shutoff valves an all sew pipelines, with the distance between the i
Laws 1927, a 262,171. aff. June 2, 1987
valves dependent on the type and density of development, the presence of environmental-
ly sensitive areae, and the application of appropriate engineering standards;
2811.07, Penalties for faW&g W re
(2) remotely monitored pressure gauges and flow meter iaatalled at each pump station
Subdivision 1. Duty to repom
and remote valve location
telephone to the emergency respons
(8) specific emergency response procedures and training requirements for shutting
safety an emergency release from N
down pumps; and
Subd. L ComhW liability. (s) /
(4) use of reliable technology for detecting and geographically locating releases, and for
bility W make the TWA under sub
shutting appropriate valva Y rapidly Y possible.
(1) the employee knows or has
(e) The commissioner shall consider standards for the manufacture of pipe used In
(2) the employee don not immedis
pipelines, pipeline construction, and pipeline operation. Hest available technology in pipe
safety; and
manufacture, pipeline construction, and pipeline reconstruction must be required sad
l31 the emergency release muses
developed in consultation with the commissioner of Labor and Industry.
defined in section 009.02, auldivisio
Rubel f. Relation to other law. Rules adopted to implement sections 299J.01 W
(b) A person convicted under this
299J.17 must be consistent with sections 299F.60 W 209F.6d to the extent that the rules
more than seven
or poy,>'A.1
deal with pipelines governed by those sections.
1&ws 1987, a. 26i. 3yeah
. Aug.Acca• 1, f
anIt
I&wa 1987. a, a64 1 M
i
2991.08. Cams(sslone+ to report
2991.06. Pipeline setback "runnes
Upon mailing notice of an oma
(a) The commissioner shall adopt s model ordinance under chapter 11 requiriaR •
1%:
immediately report the emergency ,
local unit, W the poll
reas
setback from pipelines In awhen rasldeatial or other development Is allowed
development development that his
government
roquired by section 115.061, and W
modal ordinance must applonly to saw and not to
sve=occurred, or for which dt permits have been Issued, before the effective date of •
procedure of the office of pipeline
the orddnsan. ,is
release to the commissioner anuli
$60'
"aim
P1 n=n SAFETY
PIPELINE SAMT 0299J.08
%hall seek and accept federal designs.
(b) By August 1, 1889, each statutory or home rule charter city, town, or county that
enta for th p of enforcement
-has planning and toning authority under sections 966.10 to 366.19, 394.21 to 894.97, or
, United States Code, title 49, sections
462.351 to 662965, and in which a pipeline is located, shall adopt a pipeline setback
ety Act, United States Code, title 49,
ordinance that meets or exceeds the minimum standards of the model ordinance and is
implement Nose acts. If the United
approved D the commissioner. The model ordinance applies in a jurisdiction where the
don authority to the erste as provided
local governmental wit does not adopt a setback ordinance that is approved by the
following to carry out the delegated
commissioner by August 1, 1989.
DY rales of the commissioner,
Laws 1887, e. 969, 1 2Ltined
29W.01L Pipeline safety advisory eouneil
provided in rules adopted under this
Subdivision 1. Membmhip. The pipeline safety advisory council consists of nine
members appointed Dy the commissioner. One member must be chosen from the hazard-
sus liquid pipeline industry, one from the gas pipeline industry, and one from personnel
uthority. (a) 7%e commissioner shall
who design or construct pipelines. Three members must be stale or local government
ivision if federal law authorizes the
employees and three members must be state residents unaffiliated with state or local
and distinguish between hazardous
government or the pipeline or utility industries. 'floe members serve on a part-time basis.
Sind i Powers and doll— The council shall advise the commissioner, director, and
margin requirements for operating
other appropriate federal, state, and local government agencies and officials on mature
mmentally sensitive arms,
relating to pipeline safety and operation. The council shall advise the environmental
eline oyemton Periodically submit
quality board on implementation of sections 1161.016, 1161.0'2 subdivisions 2 and 9, and
the director std commissioner an the implementation of sections 216D.01 to 216D.07,
m of their pipehnea, anA requiring
,`led In there refines. The leering
ortI
299F.56 to 299F.64, and 299J.01 to 299J.17, and shall review and comment on proposed
in "pulated or environmentally
nuke and on the operation of the office of pipeline safety.
Subd 2 Administrative assistance. The commissioner shall provide offices and
pitheirnecessary
ntora to Improve
administrative assistance necessfor the performance of the council's duties.
for
Abode mustust include:
Subd e; 4. Termcompensation; removed. Tho terms, compensation, and removal of
sea, with the the
members an governed by section 15.0676.
tent, the presennceee oof cnvironmenenvironmental-between
of environmental-
laws 1947, e. 762, 1 tat, off. June 7, 1947.
engineering standards;
295.1.O7. Penaltles for failing to report eeaergeney release
eters installed at each pump station
Subdivision 1. Duty to report A pipeline operator shall immediately report by
telephone to the emergency response center established by the commissioner of public
raining requirements for shutting
safety an emergency release from the operator's pipeline.
Subd t Criminal liability. (a) An employee of a pipeline operator who has responal-
raphieall teles
Y ting releases, and for
bllity to make the report under subdivision 1 Is guilty of a felony if:
(1) the employee knows or has reason to know that an emergency release exists;
the manufacture of pipe used in
(2) the employee does not Immediately report the release to the commissioner of public
Best available technology in pipe
safety; and
mn must be tequtred and
Dorr and
and industry.
(8) the emergency release causes the death of an individual or great bodily harm as
defined in section 609.02, subdivision 8.
99F.84 to the extent to Implement ent th 299.1.01 to
Nat the
(b) A person convicted under this subdivision may be sentenced to imprisonment for not
(b)
ruin
than seven years or payment of a fine of not more than 114,000, or both.
Laws 1997. e. 761, 1 77, off. Aug. 1. 197T.
799.1.07. Commissioner to report releases advice sad coordination
Upon receiving notice of an emergency release, the commissioner or a designee -tall
fire under chapter 14 requiring a
they development Is The
Immediately report the offhey rein" to the emergency responder of the appropriate
If the notice of the mksu is
allowed.
Znd not to development that has
local government unit, tpollution control agency
o the
required by section 116.061, and to any other person or office, as provided by the rules or
U. eforo the effective date of
procedure of the office of pipelka safety. A pipeline operator's report of an emergency
release to the emninl slmer sathfles the notification requirements of section 117.071.
881
2991.08 PIPBWNB SMETY
PIPBLINB SAFM
The commissioner shall advise the emergency responder concerning appropriate emergen•
(b) Authorized representatives of the
cy procedures and coordinate the procedures.
may observe the UML
Laws 1987, c. 863. 129.
(e) The results of a hydrostatic test
F.. . ,
testing company must be sent to th
9J.09. Pipeline operators to file Information and give notice
traversed by the tested portion of the
Subdivision I. Map required. (a) The operator of every pipeline in operation stall file
The test rvsulta must include:
a detailed pipeline map in the scale required by the rules:
(1) the date of the test
(1) with the director and the commissioner of transportation, showing the location and
(2) the specific lootma of the pipe
approximate depth of the pipelines and appurtenances operated by that operator within
map of the route of the pipeline;
the state; and
(3) the results of the test; and
(2) with the recorder and with the director of emergency services or the sheriff of every
(4).other information required by n
county traversed by the pipeline, showing the location and approximate depth of the
Sued. Notice of product. (a) R
pipelines and appurtenances operated by that operator within the county.
i lin
beginning operation of the. pd
(b) The maps required under h (a) must be filed b the operator of a newt
P"agrsP y Pe Y
th,
information with the director sail the
in
constructed pipeline before it is operational, and by the operator of a pipeline for which
the types of products Nat will be can
the route has been changed after the original filing of a map under this section. The
filing to sheriffs a matmial safety da
maps required by this paragraph must be filed at least 30 days before a hazardous liquid
to carry In the pipeline. The sherd:
or gas is tint pumped into the pipeline.
&heats to the appropriate emergency
Subd. L Emergency response plan. (a) At least 30 days before a hazardous liquid or
(b) After filing the information req
gas is pumped into a pipeline, the pipeline operator shall file an emergency response plan
the director and with the direetar
file information in the same mann"
last three .
with of emergency services or the sheriff of every
county traversed by the pipeline. The emergency response plan must describe the
carried in the pipeline at
law 1887, a 363 130.
operator's procedures for responding to sad containing releases, including.
(1) an identifestion of specific actions that will be taken by the operator on discovery of
299J.im laical government emerges
a reieaee
(al A local unit haul:
(2) the tar's liaison procedure with ems responders;
op"a Procell emergency Po
a emergency
pipeline release emergency tespots11 I
(3) the uperauWs meson of communication with the responders; and
the pipeline owner or operator when I
coordinated county traversed b
(d) the operators means of preventing Ignition of vapors resulting from a release.
withinm that ccoounty. The commission.
co
(b) An operator must file significant changes made to an emsrgrnry response plan in
The plan must be completed and ado)
• same manna as the original response plan within ten days of Ute effective date of the
after the effective data of the rules I
—Ange'
(b) AIwal governmental unit sial
Subd. 3. Procedural manual. At least 30 days before a hazardous liquid or gas is
changes in the operation of the local p
pumped into a pipeline, the pipeline opar itm must file with the director its procedural
manual as required under Code of Federal Regulations, title e9, part 192, subparts L and
other matt+rrs relating to pipeline e
examine o response plan required by
M, and 195, subpart F. as may be required by rules of the commissioner.
laws 1967. a 354. I.M.
Subd. 4. Notice of Ming and test results. (a) At least 48 hours before conducting a
hydrostatic test, whether or not the fest is required by sections 2991.01 to 29W.17 or the
t99h.11. Adoption of federal pipel:
rules of the commissioner. a pipeline operator shall give notice of the teat to the director
To enable the state to quality for
and the local governmental units traversed by the portion of pipeline to be tested.
Advance notice is not required if the operator dotermirwa that an emergency exists
pipeline inspection program wthrm.
requiring Iromadista testing of the pipeline. The notion must Muds:
United Sates Code, title 49, sectio,
Safety Act, United Saw Code, title
(1) the name, address, and telephone numbers of the pipeline operator,
those, sets, the federal pipeline in.
(2) the specific location of the pipeline or pipeline section to be tested, including a
laws 1997. a. 363. 181
suitable map of the route of the pipeline, and the location of the tact equipment;
(3) the date and time the wt Is to be conducted;
I 2M.IL Pipeline insPrcUOR 1911
(4) the method by which the tat will be accomplished and the type of test medium to be
subdivision 1. Asraasent and
tion to the state of the iu=' wt
used; and
,ball same tad collect [rvm even
te
(6) the nacos and telephone number of W independent tasting firm or other person
calculated under subdivision L If a
responsible for certification of number
the asaeesmant was tasiled. Use a
BU
F.. . ,
PIPELINE SAFETY
PIPELINE SAFETY 299J.12
kr concerning appropriate emerge,
(b) Authorities representatives of the director and any affected Local governmental unit
may observe the tent.
(c) The results of a hydrostatic teat conducted by the operator or by an independent
1 eotice
testing company must be sent to the director and to every loot governmental unit
give
traversed by the tested portion of the pipeline within ten days of completion of the test
every pipeline in operation shall hue
The test results must include:
ules:
(l) the date of the test:
Donation, showing the Location and
(2) the specific location of the pipeline or pipeline section tented, including a suitable
s operated by that operator within
map of the route of the pipeline;
(3) the results of the test; and
'racy services or the sheriff of every
on and approximate depth of the
(4) other information required by rule.
r within the county.
Subd. 6. Notice of product (a) Within ten days after July 1, 1987, or within ten days
e filed by the operator of a Bawlr
of beginning operation of the pipeline, whichever is later, a pipeline operator shall file
It operator of a pipeline for which
information with the director and the sheriff of every county traversed by a pipeline of
of a map under this section. The
the types of products that will be carried in the pipeline. The operator shall include in its
30 days before a hazardous liquid
filing to sheriffs a material safety data sheet for each product that the operator expects
q
to carry in the pipeline. The sheriff shall transmit copies of the material safety data
sheets to the appropriate emergency responders.
1 days before a hazardous liquid or
11 fele an emergency response plan
(b) After filing the information required by paragraph (a). the pipeline operator shall
I servioea or the sheriff of every
file infartnstion in the same manner of any additional types of sub+tanees that will be
must describe the
carried Lo the pipeline at kart three days before the change.
j re 0. Including.
re nc ltrdiag:
fan r. 1997. 363, 130.
an by the operator on discovery of
299J.10. Local government emergency response plan
responders:
(a) A local governmental unit having apprytpeefine within its jurindiction shall s
t
responders; and
pipelinelocal governmental unit must consult iah
pipeline release emergency response plan.
the pipeline owner or operator when preparing the plan. Preparation of the plan must be
vapors resulting from s release.
coordinated by the county traversed by the pipeline for the other local governmental units
within that county. The commissioner shall prescribe rules for the content of the plan.
,a an a response plan in
n days of effX!e date
The plan must be completed and adopted by local governmental units within six months
of the
after the effective data of the rules prescribing the contents of the plan.
rdous
fon • hazardous aid or u
(b) A local governmental unit shall review its plan annually and amend it to reflect
in
t with the it V da s
procedural
changes the operation of the Local governmental unit, in the operation of the pipeline, or
other matters relating to pipeline safety. The director may at any reasonable time
title 49, part 19$ sub parts Land
examine a response plan required by this section.
the commissioner.
Lairs 1987, a 367. 131.
t 48 hours before eooducuM a
sections 2981.01 to 2981.17 or the
notice of the teat to the director
299J.11. Adoption of federal pipellas Inspection rules
,tion of pipeline to be tested,
To enable the stats to qualify for annual federal certification to enforce the federal
muss that an emergeeey exists
pipeline inspection program authorised by the Hazardous Liquid Pipeline Safety Act,
must include:
United Slates Code, title 49, sections 2001 to 2014, the federal Natural Gas Pipeline
Safety Act, United Stales Code, title 49, seetiou 1871 to 1848, and the rules Implementing
pipeline operator,
those acts. the federal pipeline inspection ruin and safety standards are
eetlon to be fated. Including a
fan 199. e. 369. 131
lineation of the tat equipment;
291IAL Pipeline Inspection fns
and the type of tat medium to be
Subdivides 1. Aessoent and deposit of fee. For each year following the delegr
tion to the stats of the Inspection authority described in section 29W.04. the commissioner
sot ' ' ug firm car other parson
shall assew end collect from easy pipeline operator an inspection fee in an amount
calculated under subdivision 1 If an operator don not pay the be within GO days after
the assessment was mailK the dmmmhaiaua any impose a delinquency fee of ba
sea
290J.12 PIPELINE SAFM
PUT"NE SAFM
percent of the annual inspection fee and interest at the rate of lb percent per year on the
Subd L Yandaltrm prohibited:
portion of the annual fee not paid Fen collected by the commissioner under this section
remove, injure, displace, destroy, or
must be deposited in the pipeline safety account.
location of a pipeline. A person vi-
uSubd
Subd.L Cdealallon of fee. Fees for pipelines governed by section 299F.65, subdivi-
law 1987, e. 569, I Walt. Aug. 1, 1W
s Bion d must be established as provided in the rules adopted under that section. For other
pipelines, for each calendar year that an inspection fee is to be usessed, the commissioner
289J•IS Disposal of pipeline prop
shall calculate the total number of miles of pipeline to be inspected, the total cost of
inspection, and the percentage of the total mike to be inspected that aro or will be
Subdivision 1. Disposal probib
operated by each pipeline operator. Each pipeline operator must be ancased a portion of
pipeline operator, or its employee or
the total inspection costs equal to the percentage of the total miles of pipeline to be
of • pipeline that war involved in tha
operated by the pipeline operator, but the total fee may not exceed $5 for each mile of the
commissioner. 771s authority of the
operator's pipeline.
ed
Lw 1987, e. 555, 11 SL
(b) This subdivision does not prm
approval of the commissioner, or V
teel.i& Access to Information. classification of data
pipeline or part of a pipelios withou
pipeline may not be altered with the
Subdivision I. Duty to provide Information. A person who the director has reason
Subdivision
cause of the emergency release.
to believe is responsible for an emergency release shall, when requested by the office or
Subd L Criminal pedally A per.
an authorised agent of the office, furnish to the director any information that the person
denies the direcctortor or the director's de
may have or may reasonably obtain that is relevant to the emergency release.
me
los is guilty of a felony and
ane Subd L Access to Information . The director or m authorized agent,
five yeah ar to payment of ►fine off L
five y
upon presentation of erodentlals, may:
law 1987, C. ill& 115, dL Aug. 1. 1587.
(1) e=n—tn• and copy any boob. papers, records, memoranda, or data of any person
who has ► duty to provide information under subdivision 1; and
298J.IL Civil patalq, lajasetivs ex
(2) enter upon any property, public or private, for the purpose of taking any action
Subdivision I. Civil peaslty. (a)
authorized by sections 299J.O1 to 299!.17, including obtaining information from any
subdivision 1, 299J.O9, or 299!.16, or
parson who has a duty to provide the information under subdivision 1 and conducting
sections, shall forfeit and pry to the It
surveys or investigations.
the Court AS follow:
Subd. L GmuUkation of data. Euept as otherwise provided in this subdivision,
(l) for a violation of section 2991.
aceta obtained from any person under subdivision 1 or 2 is public data as defiled in section
remains is violation; and
N
02 Upon certification by the subject of the data at the data relates to sales figures,
`processes or methods of production unique to that person, or information that would tend
(2) for a violation of section 2991.0
to affect adversely the competitive position of that person, the director shall classify the
vii1stion.
data as private or nonpublic data as defied in section 18.02. Notwithstanding any other
(b) The penalty provided under this
law to the contrary, data classified as private or nonpublic under this subdivision may be
by the attorney general in the risme 4
disclosed when relevant in any proceeding under sections 298J.O1 to 299J.11, or to other
expenses of the director under section
public agencies concerned with the Implementation of sections 298!.01 to 299J.17.
the district court of Ramsey couoq
Subd. 0. Recovery of expenses. Reasonable and necessary expenses incurred by the
Subd. L Action, to compel pert
director under this section, including administrative and legal expenses, may be recovered
perform an act required by section
from a person who has been found liable under section 2M.07, 288!.15, or 299J. 16, or Lay
commissionsr implementing these r
other law relating to the operation of a pipeline, in a separate action brought by the
district court brought by tis stoma
attorney general or 1n connection with an action under section 2981.18. 77a directors
certification of expanses is prima fads evidence that the expanses an reasonable and
law 1097, e. 850. 1 n•
necessary.
Law 1887. 6858. Itil /
� 2M.17.IJaLer ramedb pry
Sectioro 288!.01 to 299!.11 do net
tm.m Llan mwken required: vandallem puohlbitedi penalty
legal action or use a remedy Lvailab
Including common law, le 1
FecSubdivision
1. Llns marker required. A y�psline operator shall plus and maintain
ft
eau arising out of a release
tine markers over —h Pipeline as required by Cade of Federal Rrgulstio u, title 019, para
192.707 and 19fi, M
LAWS to. a 861, I IL
I
g 299J.17
e rate of 16 percent per year on the
he Commissioner under this
Subd_ i Vandalism prohibited: penalty. A penton may not deface, mar, damage.
sectio.
remove, injure, displace, destroy, or tamper with any sign or line marker marking the
location of a pipeline. A person violating this subdivision is guilty of a misdemeanor.
versed by section 299F.6s, sub"
pted under that section. For other
laws 1931, e. d59, 1 36. aft. Aug. 1, 1931.
is to be assessed, the commissionertatof
b be inapetted, the total cast of
11KJ.16. Disposal of pipeline prohibited: penally: enforcement
be imPeeted that are or w01 be
abr must be assessed a
Subdivision I. Disposal prohibited. (a) After an emergency release has occurred, a
portion of
the total miles of to be
pipeline operator, or its employee or agent, may not dispose of, destroy, or alter the part
pipeline
• not exceed $6 for each mile of the
of a pipeline that was involved in the emergency release until approval is granted by the
commissioner. 77te authority of the commissioner to grant approval may not be delegat,
ed
(b) We subdivision does not prevent the repair of a pipeline in the ground without the
approval of the commissioner, or the excavation and removal from the ground of a
to
pipeline or part of a pipeline without the approval of the commissioner. However, the
erson who the director has reason
Pipeline may not be altered with the intent to prevent or hinder a determination of the
I, when requested by the office or
cause of the emergency release.
n any information that the person
Subd i Criminal penalty. A person who knowingly violates subdivision 1, or who
the emergency release.
denies the director or the director's designee access to the pipeline for the purposes of
e director or an authorizedinspection,
agent
is guilty of a felony and may be sentenced to imprisonment for not more than
five years or to psyment of a fine of not more than $10,000, or both.
amt a, or data of any person
law 1931, e. 34 136. aft Aug. 1, 1031.
in 1; and
the"MIL
purpose of laking any action
am penally. wuwuva rew
ob
obtaining information from any
SubdlvIalon 1. Civil penalty. (a) A pipeline operator who violates section 2D9J.07,
der subdivision I and conducting
subdivision 1, 299J.09, or 2DSJ.16, or the rules of the commissioner implementing those
sections, shall forfeit and pay to the state a civil penalty in an amount to be determined by
''foe provided in this subdivision,
the Court as follows:
s public data as defined in section
(1) for a violation of section 299J.09, up to 110,000 for each day that the operator
t the data relates to sales figures,
remain in violation; and
m, or information that would tend
on, the director shall Classify the
(2) for a violation of section 219JA7, subdivision 1, or 299J.16, up to 3100,000 for each
any other
violation.
die u erNotwithstandingsubdivision
die under this subdivision may be
(b) Tisa penalty provided under this subdivision may be recovered by an action brought
.s 299J.01 to 2991.17, or to other
by the attorney general in the name of the stab In connection with an action to recover
actions 299J.01 to 299).17.
expenses of the director under section 2D9J.Ig, subdivision t, or by a separate action in
eaearjoxpenaes Incurred by the
the district court of Ramsey county or In the county of the defendant's residence.
legal expenses, may be recovered
Subd. ! Action to compel performance: Injunctive relief. A person who fails to
D9J.07, 2991.16, or 2991.10, or any
perform an act required by section 299J.09, 299J.13. or 2DW.16, or the rules of the
separate action brought by the
commissioner implementing those sections. may be compelled 10 do to by an action In
' section 29W.10. 7U dleseto/s
district court brought by the attorney general In the name of the stab.
he expenses are reasonable and
law 11131, s :lip, 131.
/
MAT. Otter rem.dIn preserved
d;
Sections 2991.01 to 299J.17 do not abolish or diminish the right of a parson to bring a
penalty
legal action or on a remedy available under any other provision of state or federal law.
tperstor shall place sad maintain
including common law. to recover for personal Injury, disease, scoamfe loss, or other
Wer Tgulations, title 49, parts
costs arising out of a release.
r
taw 1111117, e. a616 1 Os
U5
$ 299J.18 PIPEUNE 8"Vff
299J.1& Pipeline safety account
The pipeline safety account is established as an account in the state treasury. All fees
and penalties collected under sections 299J.01 to 299J.17 shall be deposited in the state
tremury and credited to the pipeline safety account
!Money received by the office in the form of gifts, grants, reimbursements, or appropria-
tions from any source shall be credited to the pipeline safety account
40 1887, o. M 1 39.
MEX
CONSULT GENERAL INDEX POCKET PART
t
888