City Council Ordinance 5711:.7:.1 i1=7-I
CHAP TER 7'
RE ,iU 1 ~EIl BAS 1 C I i~iPROVEMEiVTS
S;=~T 10;1:
i)~-7'12 GENERAL
I'i=7w2: STREET IMPROVEMENTS `
_-
11-7-•~: SANITARY SEWER ANO WATER DISTRIBUTION IMPROVEMENTS
I1~7- PUBLIC UTILITIES '
31-7 I: GENERAL.:' - -
(A) BEFORE A FINAL-PLAT IS APPkOVEp'BY THE'CITY CbUNCiL~ THE OWNER OR
SUBDIVIDER OF THE LAND COVERED BY THE SAID' PLAT SHALL EXECUTE AND
SUBMIT TO THE COUNClL`AN AGREEMEN'I's WHICH SHALL 8E`BINDING ON HIS OR
THEIR HEIRSi PERSONAL REPRESENTATIVES AND ASSIGNS THAT HE WILL CAUSE
NO PRIVATE CONSTRUCTION TO BE MADE ON SAID PLAT OR'FILE OR CAUSE TO
BE F1LE0 ANY APPLICATION~FOR BUILDING"PERMItS FOR SUCH CONSTRUCTION
' UNTIL AlL IMPROVEMENTS`'REQUIRED UNDEk THIS ORDINANCE HAVE BEEN
MADE OR ARRANGED FOR IN THE MANNER FOLLOWING. AS RESPECTS THE STREETS
TO WHICH THE LOTS SOUGHT TO BE CONSTRUCTED HAVE ACCESS.
{BJ PRIOR TO THE MAKING OF 'SUCH REQUIRED IMPROVEMENTS tHE CITY COUNCIL
SHALL REQUIRE THE OWNER OR StyBDIVidER Td-PAY Td THl: CITY AN AMOUNT
' EQUAL TO A MfNIMUM OF 2~~ AND UP TO 100,6 OF THE ESTIMATED TOTAL COST
OF SUCH IMPROVEMENTSi INCLUDING.-NOT ONLY CONSTRUCTION BUT AlL INDIRECT
' ~ CdSTS• THE ACTUAL PERCENTAGE tO~eE DETERMINE6 BY 'SHE C}TY IN EACH
CASE BASSO ON ITS REVIEW'OF:
1• THE 'FINANCIAL BACKGI~'OUND OF THE OEVt*LOPER•
2• THE NORMALCY OF THE 'UNIT CHARGE FOR PUTTING IN THE IMPROVEMENT.
3• AN EVALUATION OF THE COST RECOVERY POTENTIAL ,.THROUGH THE SALE
5• HASTTHEEDEVELOPER DEFAULTEOFdNHANYEOUTSTAENT,
• LADING ASSESSMENT
PAYMENTS IN THE PAST TWELVE,{12) MONTHS....
THIS PAYMENT MUST BE' MADE TO THE CITY PR101~ 'tO THE CITY COUNCIL
ADOPTING THE RE30LUTIOiV'-OF2dER{NG THE"-PROJECT. ^THE_BALANCE OF THE
TOTAL PROJECT COST WiLL'BE ASSESSED'IC!O~ AGAINST THE BENEFITED PRO.
PERTY~ PAYABLE IN NOT MORE THAN FIVE {5J ANNUAL INSTALLMENTS WITH
INTEREST AT A RATE OF AT'LEA3T 1.5~ (ROUNDED UP_TO,THE NEAREST •2~j~)
OVER THE RATE PAID"ON `BONDS ISSUED Td FINANCE THE IMPROVEMENTSi OR, IF
FINANCED INTERNALLYi OVER THE THEN EQUIVALENT RATE THE CITY DETERMINES
' IT WOULD HAYE TO 'PAY 'ON 'BONDS'1$SUEO AT-THAT TtMEf PROVIDED HOWEVERi
THAT 'THE ENTI'RE'ASSESSMENT BALANCE OUTlITANDING AGAINST A GIVEN PARCEL
IS TO BE PAID IN FULL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR
NEW CONSTRUCTION ON THAT PARCEL. IN THE EVENT A BUILDING PERMIT 13
APPLIED FOR PRIOR TO COMPLETION OF INSTALLATION OF THE IMPROVEMENTS
THE PAYMENT TO THE CITY SHALL BE IN AN AMOUNT EQUAL TO 12596 OF THE
ESTIMATED TOTAL ASSESSMENT. UPON COMPLETION OF THE PROJECT AND
DETERMINATION OF THE ACTUAL COST TO BE ASSESSED ANY OVERCHARGE WILL
BE REFUNDED AND ANY ADDITIONAL COST WILL BE DUE TIRE CITY WITHIN 3O
GAYS OF NOTIFICATION OF SUCH ADDITIONAL COST. IF. FOR ANY REASON,
SUBSEQUENT TO HAVING MADE SUCH ADVANCE PAYMENT TO THE CITY THE
DEVELOPER SHOULD WITHDRAW FROM THE PROJECTS THE CITY IS ENTITLED TO
RETAIN AN AMOUNT EQUAL TO THE CITYIS COST RELATED TO THE PROJECT
TO THAT TIMES AND THE BALANCE SHALL BE REFUNDED TO THE DEVELOPER.
(C) NO FINAL PLAT SHALL BE APPROVED BY THE CITY COUNCIL WITHOUT FIRST
RECEIVING A REPORT FROM THE CITY ENGINEER CERTIFYING THAT THE IM.
PROVEMENTS pESCRIBED HEREIN TOGETHER WITH THE AGREEMENTS AND DOCUMENTS
REQUIRED HEREIN MEET THE MINfMVM REQUIREMENTS OF ALL APPLICABLE
ORDINANCES. DRAWINGS SHOWING AlL IMPROVEMENTS AS BUILT SHALL BE
FILED WITH THE CITY CLERK.
~5~1
i l~7"'1 11.r7erl
(D) NO FINAL PLAT SHALL BE APPROVED BY THE CITY COUNCIL ON LAND SUBJECT
TO FLOODING OR CONTAINING POOR DRAINAGE FAC{CITIES AND ON LAND
WHICH WOULD MAKE ADEQUATE ORA{NAGE OF THE STREETS AND LOTS IMPOSSIBLE.
HOWEVERi IF THE SUBDIVIDER AGREES TO MAKE IMPROVEMENTS WHICH WILL
IN THE OPINION OF THE CITY ENGINEERS MAKE THE AREA COMPLETELY SAFE
FOR RESIDEdiT1AL OCCUPANCY AND PROVIDE ADEQUATE STREET AND LOT ORAINAGEi
AND CONFORM TO APPLICABLE REGULATIONS OF OTHER AGENCIES SUCH AS THE
U• S• CORPS OF ENGINEERS OR THE DEPARTMENT OF NATURAL RESOURCES THE
FINAL PLAT OF THE SUBDIVISION MAY BE APPROVEDr iN ADpITION~ SUCH
PLATS MAY NOT BE APPROVED IF THE C03T OF PROVIDING MUNICIPAL SERVICES
_TO PROTECT THE-.FLOOD. PLAIN AREA WOULD IMPOSE AN UNREA80NABLE ECONOMIC
BURDEN UPON THE CITY. -
(E) ALL OF THE REQUIRED IMPROVEMENTS TO BE INSTALLED UNDER, THE,rROVISIONS
OF THt3 ORDINANCE SHALL BE INSPECTED DURING THE COURSE OF THEIR CONS
STRUCTION_BY THE-C.iTY ENGINEER. ALl -0F THE INSPECTION COSTS PURSUANT
THERETO SHALL-BE PAID BY THE OWNER OR SUBDiV10ER IN THE MANNER PREP
SCRIBED IN PARAGRARH (B~ ABOVE. - -
(F) WATER, SANITARY SEWER AND STORM SEWERS LATERAL LINES SHALL BE ASSESSED
_ IOO,~ AGAINST THE B~NEFITER PROPERTY WITHIN THE PROPOSED SUBbIVIS10N•
THESE ASSESSMENTS SHALL BE MADE-ON A RESIDENTIAL HOUSING UNIT BASIS.
(G) WATERS SANITARY AND STORM SEWER, TRUNK LINES 8MALL eE ASSESSED 100
AGAINST THE BENEFITED PROPERTY. WHETHER OR NOT THE SERVICES ARE MADE
_ LMMEDIATELY AV~IILAB4E TO THE PROPERTY, ON A NET R4ATTED AREA BASIS.
_ TNE_ASSESSMENTS WILL UTILIZE A PER ACRE UNLT FOR ..LARGE UNDEVELOPED
_ _ _ _ AREAS ANO A PER SQUARE FOOT UNIT FOR PLATTED PROPERTIES.
(H~ _THE C03T OF CQNSTRUCT-NG PERMANENT.STREETS~ INCLk101NG CURB AND GUTTER
WILL BE IDO96 ASSESSED AGAINST BENEFITED PROPERTY-BASED ON FRONT
FOOTAGE. CORNER LOTS SHALL BE ASSESSED FOR FRONTAGE ONLY WITH NO
CHARGE MADE. .FOR THE_LONG SIDE LOT FOOTACTE•. COSTS RESULTING FROM
_ _ INTERSECTIONS ANO $IDE LOT FOOTAGE SHALL BE INCLUDED IN THE TOTAL
AMpVNT TO BE ASSESSED AND APPORTIONED OVER THE NET ASSESSABLE FOOTAGE.
IN THE CASE OF 000-~3HAPED LOTSi THE FOOTAGE SHALL BE AS MEASURED AT
THE BUILDING 5ET•B~CK LLNEp HOWEVER IN NO EVENT SHALL THE AS3ESSABBE
~QOTAGE .BE LESS THAN_THE MINIMUM LOT WiOTH AS REQUIRED BY THE CITY.
(~) AT THlr REQUEST OF THE OWNER OR SUBDIViDER~ THE CITY MAY AGREE TO
__ SPREAD ALL OF_THE,ASSESSMENTS. AGAINST THE SUBDIVISION ON A PER LOT
OR RESIDENTIAL IiOUSiNG UNIT BASIS RATHER,THAN ON THE VARIOUS METHODS
SET FORTH IN (F),, (-Gj AND (H) ABOVE.. _, - _
(J) LN ALL CASESt THE PROCEDURE FOR LOCAL IMPROVEMENTS PRESCRIBED IN
MINNESOTA STATUTES CHAPTER ~F29i SHALl.BE FOLLOWED.
(K) THE REQUIREMENTS OF THIS ORDINANCE-ARE- INTENDED TO BE COMPATIBLE WITH
.THE ASSE33MENT_ POLICY .ORDINANCE 131-1 THROUGH.-13-1-3. ((..i2_78 #57)
11-7-2
11-7-2: STREET IMPROVEMENTS:
II-7-4
(A} THE i"DLL WIDTH.OFTHE RIGHT-OF-WKY SHALL 8E GRADED, INCI-DOING THE SUBGRADE OF. THE
AREAS. TO BE PAVED IN ACCORDANCE WITH S"iANDAROS AND SPECIFICATIONS FOR STREET CON-
. STRUC~f10N AS REQUIRED ®Y THE CITY COUMCiI.
(B} ALL STREETS SHALL BE IMPROVED WITH PAVEMENT IN ACCORDANCE WITH THE STANDARDS ANO
SPECIFiCATfUN3 FOR STREET CONSTRUCTION AS RECUIREO BY THE CITY COUNCIL
(C} ALL STREETS TO BE PAVED SHALL BE OF AN OVERALL WIDTH IN ACCORDANCE WITH THE
STANCARDS AND SPECIFICATIONS FOR STREET CONSTRUCTION AS REOUIRED BY THE CITY COUNCIL.
(D} CURB AND GUTTER MILL BE CONSTRUCTED AS REQUIREp Br THE STANDARDS AMD SPECIFICATION!
FOR STREET CONSTRUCTION A5 RE4UIRE0 oY THE CITY COUNCIL.
(E) STORM SEWERS, CULVERTS, STORM WATER INLETS, AND OTHER DRAINAGE FACIliT1E3 WILL
BE REQUIRED WHERE THEY ARE NECESSARY TO INSURE`ADEQUATLSTORM.WATER DRAINAGE FOR
THE SUBDIVISION. WMERE REQUIRED. SUCH DRAINAGE FAG ILITIES SHALL BE CONSTRVCTEO IN
ACCORDANCE WITH THE STANDARDS AND SPECIFICATIONS FOR STREET CONSTRUCTION AS REQUIRED
8` THE C 1 TY COUNC { L.
(F) STREET TRCES AND BOUIEV#RO SODDING SHALL BC PLANTED IN CONFORMANCE WITH THE
STANDARDS ANO 8PEGIFICATIONS AS REQUIRED BY THE CITY COUNCIL.
(G) STREET SIGNS OF .THE STANDARD DESIGN AS NAY BE REOUIREO BY THE CITY COUNCIL SMALL
BE INSTALLED AT EACH STREET INTERSECTION.
(H} SIDEWALKS OF STANDARp DESIGN AS MAY BE REQUIRED 8Y THE CITY COUNCIL.
(i-7-?: SANITARY SEWER AND WATER DISTRIBUTION IMPROVEMENTS:
(A) SANITARY SEWERS SNALL BE INSTALLED AS MAY BE REQUIRED dY STANDARDS AND SPECIFICATIONS
AP-ROYED BY THE CITY COUNCIL.
(B} CITY WATER FACILITIES. INCLUDING /IPE FITTINGS. HYDRANTS, ETC., SMALL BE INSTALLED
AS MAY BE REQUIRED Br STANDARDS ANp SPECIFfCAT10N3 APPROVED 8Y THE C1Tr COUNCIL.
WMERE CITY wATER FACILITIES ARE NOT AVAILABLE FOR E%TENSION INTO THE PROPOSED SUB-
OIVISION, THE CITY COUNCIL MAY BY ORDINANCE GRANT A FRANCHISE FOR SUCH WATER FACILITIES,
TO SERVE •lL PROPERTIES W6TNIN A SUBDIVISION MHERE A COMPLETE AND ADEQUATE NEIGM86RH060
wATER DISTRIBUTION SYSTEM IS DESIGNED IN CONJUNCTION WITH THE 9UBDIVISION,ANO
COMPLETE PLANS FOR THE SYSTEM ARE SUBMITTED FOR APPROVAL OF THE CITY COUNCIL.
(C} WMERE CITY SEWER AND WATER FACIIITIE3 ARE NOT AVAILABLE FOR E%TENSION INTO PROPOSEp
SUBOIvISION, THE COUNCIL MAY PERMIT THE USE OF INDIVIDUAL WATER AND SEWER SYSTEMS
IN ACCORDANCE WITH APPROPRIATE STATE REGULATIONS.
II-7-4: PUBLIC UTILITIES:
(A} WHERE FEASIBI[, IN THE OPINION OF THE ENGINEER, ALL UTILITIES LINES FOR TELEPHONE
AND ELECTRIC SERVICE SHALL BE PLACED IN REAR LINE EASEMENTS WHEN CARRIED ON OVER-
HEAD POLES.
(B} WHERE TELEPHONE, ELECTRIC AND~Ok GAS SERVICE LINES ARE TO BE PLACED UNDERGROUND
ENi1RELv, CONDUITS OR CABLES SHAH ee PLACED WITHIN EASEMENTS OR DEDICATED PUBLIC
WAYS, IN SUCH A MANNER SO AS NOT TO CONFLICT MITN OTHER UNDERGROUND SERVICES. ALL
DRAINAGE AND OTHER UNDERGROUND UTILITY INSTALLATIONS WHICH TRAVERSE PRIVATELY OWNED
PROPERTv SMALL BE -ROTEGTED Br EASEMENTS FURNISHED BY THE SUBDIVIDER,
(C) EACH PUBLIC UTILITY COMPANY INSTALLING UNDERGROUND FACp,I,IITIE3 MUST FILE WITH THE
CITY AN AS BUILT DRAWING MITHIN ONE HUNDRED EIGHTY (ISO DAYS OF INSTALLATION,
INDICATING THE LOCATION. OF THE UTIIITT iN RELATION TO THE PROPERTr LINES, ELEVATION
OF THE FACILITY, AND THE GROUND ELEVATION AT EACH SE RVtGE OR AT EACH ONE HUNDRED (100}
FOOT INTERVAL. THE TYPE, SIZE, VOLTAGE, OR PRESSURC OF THIS FACIl17Y INCLUDLNG
LOCATION OF APPURTENANCES ALONG~TNE LINES POR 9NUT OFF CONTROL SHALL ALSO BE
INCLUDED,