Loading...
HomeMy WebLinkAboutSeptember 5, 1978 TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA SEPTEMBER 5, 1978 Mayor Harbeck presiding. 1 . Roll Call at 5 :00 P.M. 2 . Joint Meeting with Shakopee Planning Commission 3 . Adjourn (about 6 : 30 for dinner) REGULAR SESSION I . Roll Call and invocation at 7 : 30 P.M. 2 . Approval of Minutes of August 15 , 1978. 3. Communications% 4. RECOGNITION BY THE CITY COUNCIL OF ANYONE PRESENT IN THE AUDIENCE WHO DESIRES TO SPEAK ON ANY ITEM NOT ON THE AGENDA! 5 . Old Business : 6. Planning Commission Recommendations : a] Preliminary and Final Plat of Hall ' s 1st Addition - a 13 ac plat lying S of Hwy 101 , E of Stagecoach Museum Inc. , N of RR tracks and W of the Easterly Corporate limits of Shakopee Developer: Wm. F. Hall , 6309 Westwood Court , Edina Action: 1) Variance Res . No. 184, from Platting Moratorium 2) Approval of Preliminary Plat 3) Res . No . 1304, Approving Final Plat Planning Comm. Recommendations : Approval w/conditions b] Request for Conditional Use Permit for a new and used truck and auto sales and service operation in a B-5 zone on a triangular piece of property lying W of Hwy 169 and S of Chicago, St. Paul , Mpls . and Omaha RR tracks Applicant : Steven M. Hentges , 906 East 1st Avenue Action: Conditional Use Permit No. CC-182 Planning Comm. Recommendations : Approval w/conditions 7 . Routine Resolutions and Ordinances : 8. New business : a] Award bid for Civil Defense Warning System b] Award bid for 1978 Seal Coat Program c ] Authorize payment of tennis court construction d] Engr ' s status report on public improvement projects e ] Approval of Change Order #1 on 78-2 JEJ 2nd Add'n. - change in overlay at a reduced price of $23732 .00 f ] 1979 General Fund Budget 9. Consent Business : a] Approve transfer of 383450. 68 from Revenue Sharing Fund to General Fund and 283833. 88 from Park Reserve Fund to General Fund b] Approve transfer of 17 ,000 from Sewer Fund to General Fund and 20,000 from Sewer Fund to Debt Service Fund 10. Other business : 11 . Adjourn to Thursday, September 7th, 1978 at 7 : 30 P.M. Douglas S . Reeder , City Administrator MEMORANDUM TO : Shakopee FROM: Chuck Riesenberg , Planner RE : September 5 Joint Meeting With Planning Commission At the September 5 meeting we would like to take the oppor- tunity of updating the Council on how the planning program is progressing. Comments on the program direction and major policies will be reviewed and open for comment, along with a discussion on the major policies still needing reso- lution. I . Land Use Plan Progress The preliminary land use/zoning districts have been laid-out and consist of the following : Highlights of Districts (Refer to Preliminary zoning Map) 1 . AG - Agricultural Preservation Generally containing the upper valley and presently under cultivation, the AG district is established with strict development control allowing only low density homesite construction at a net density equal to one house per 40 acres . The key regulation will either be a large lot minimum of, for example , 40 acres or density control zoning . 2 . R- 1 - Rural Residential Aside from the AG area and existing commercial/industrial areas , the remaining rural area outside of the urban service district is designated R-1 . This same land area in the existing Shakopee zoning ordinance is a 22 acre minimum lot size . Discussions to date have focused on retaining the existing Z acre minimum lot size , increasing it to 5 or 10 acres or going to a density control system of a net 5 acres per homesite . 3. R- 2 - Urban Residential Identical to the existing ordinance district of R- 2 with minimum lot sizes of 9 ,000 square feet and duplex construction with a Conditional Use Permit , the new R- 1 combines the two existing districts of R- 1 and R- 2 into one consolidated district. 4 . R-3 - Two-Family Residential Used as a transitional area between the Shakopee downtown area and First Avenue shopping district , and the single-family neighborhoods , the R- 3 district will be mid-density type developments with duplexes as a permitted use and multi- family structures up to 6 units per building as conditional uses . S . R-4 - Multi-Family Residential By consolidating the old two apartment districts of R-3A and R-3B , the new R-4 district provides future apartment development opportunities in areas previously zoned for such along with new areas on the east side of town. 6 . B- 1 - Community Business Provides retailing/office space development for center oriented uses and on-site parking . This district is located at the Valley Mall and an extensive area centered around C.R. 17 south of Fourth Avenue . 7 . B- 2 - Highway Business Consolidating most of the old B-1 district and a good portion of the old B-S district , the new B- 2 area focuses around direct access onto First Avenue and down Marshall Road to Fourth Avenue . This district shall function as a provider of drive- in businesses needing good access and frontage such as fast food restaurants , open sales lots , etc. 8 . B-3 - Central Business This district is very similar to the existing Central Business District area and is unique in its parking requirements and relaxation of building height regulations . 9 . I- 1 - Heavy Industrial In the existing code , only one industrial district is present. This new heavy industrial district is coincidental with sewer and water services and makes up a majority of the Valley Industrial Park and Ruhr Malting property. 10 . I- 2 - Light Industrial The new light industrial district will act as a buffer between the Valley Industrial Park and downtown Shakopee and expand development opportunities for warehousing/office developments wanting a less intense atmosphere or in the rural service area. 11 . Floodplain/Shoreland Areas These two overlay districts which in most part are state and federally mandated are very similar to existing code but expanded in language to meet D.N.R. and H.U.D. approval . II . Subdivision Code The revised code is complete in preliminary form with key new provisions on park dedication (page 18) , application filing fees (page 5) , site evaluation in rural areas before platting to insure good soils (page 9 , Section 9) , and a road naming/street numbering system (page 20) . III . On-Site Septic Ordinance Following pollution control standards , a new on-site sewage disposal and treatment code is in revised form drafted with new provisions on innovative system installations and site evaluation criteria. IV. Major Policies Unresolved or Upcoming a. Future sewer staging alternative - expanding of the VIP or not. b . Rural development control - stay with existing 22 acre minimum lot size , increase the size to 5 or 10 acres , or enact a density control zoning approach . C. Transportation and park plan - waiting on future urban staging selection . L' CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA SUBDIVISION REGULATIONS (PLATTING) from SHAKOPEE CITY CODE Draft Copy July, 1978 CMPTER 12 SUB-ANI NL,YSY,S Title Page CHAPTER l SUBDIVISION'( REGULATIONS (PLATTING) Section 12.01 Purpose and Jurisdiction. 1 12.02 ]Dafinitions . . . . . . . . . . 2 12 .113 Procedures . . . . . . . 4 12.04 Data Required for Preliminary 7 Plat. . . . . . . . . . . . . . . 12.05 Data Required for Final Plat. . . 9 12.05 Design Standards. . . ► . . . . . 12 Subd. 1 Streets and Alleys . . . . . . . 12 Subd. 2 Baseln�nts . . . . . . . . . . . 16 S ubd. 3 Blocks . . . . . . . . . . . . . 16 Subd. 4 Lot Standards . . . . . . . 17 Subd. 5 Public Sites and Open Spaces . . 18 12 .07 Required xrrr-ar ovemen•cs . . . . . . 19 12.08 Registered Land Surveys and 25 Convayance by Mates and Bounds . 12.09 Variations and Exceptions 26 12.10 Appaals . . . . . . . . . . . . 26 12.11 Axr endrreen ts . 28 12.12 Bnforcer i-L% . . . . . . . . . . 28 12.13 Violations . . . . . . . . . . . . . 28 12 .141-12 -98 1:eserved 29 12.99 Vio?at:1-on a Petty Misdemeanor 29 CHAPR 12 SUEDIVISTON REGULATIONS (PLATTING) SECRION 12.01. PURPOSE AND JURISDICTION. i Subd. 1. Purpose. In order to safeguard the best in- terests of the City and to assist the subdivider in harmonizing his -interests with those of the City at large, this Chapter is adopted in order that adherence to same will bring results bane- fici-al to both parties. Because each new subdivision-becomes a_ permanent unit in the basic unit structure of the expanding com- munity, •and to which the community will be forced to adhere, and because piecemeal planning of subdivisions will bring on undesir- able' dis conne c ted patchwork of pattern and poor circulation of traffic unless its design and arrangement is correlated to a Com- prehensive Plan of the City aiming at a unified scheme of commu- nity interests , all subdivision of land hereafter submitted for approval to the Planning Commission shall, in all respects, fully comply with the regulations hereinafter set forth in this Chap- ter. It is the purpose of this Chapter to make certain regula- tions and requirements for the platting of land within the City i pursuant to the authority contained in Minnesota Statutes Annota- ted, Chapters 429, 471 and 505 , which regulations the Council i deems necessary for the health, safety and general welfare of this community. Subd. 2. Jursidiction. This Chapter shall apply to land within the City and to such land outside as extraterritorial rights are conferred upon the City by Statute. Except in case of a resubdivision, these regulations shall not apply to any lot or lots forming a part of subdivision plats recorded in the office of the County recorder/Register of Deeds of Scott County prior to I the effective date of these regulations, (August 9, 1972) , nor is it intended by these regulations to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances except those in conflict with these regulations, or with private restrictions placed upon property by deed, covenant, i of, other private agreement which are equal to or more restrictive, or with restrictive covenants _._ running with the land to which the City is a party. i Subd. 3. Application. Any plat, hereafter made, for each subdivision or each part thereof lying within the jurisdic- tion of this Chapter, shall be prepared, presented for approval, and recorded as herein prescribed. The regulations contained herein shall apply to the subdivision of a lot, -tract or parcel of land into two or more lots, tracts or other division of land for the purpose of sale or of building development, whether imme- diate or future, including the resubdivision or replatting of land or lots. Division of residential land in tracts larger than five acres in area and 300 feet in width shall be exempt - 1 - from the requirements of this Chapter. All industrial and com- mercial developments shall be subject to the provisions of this Chapter unless application is made under the Planned Unit Devel- opment concept. Subd. 4. Approvals Necessary for Acceptance of subdi- vision Plats . Before any plat shall be recorded or be of any va- lidity, it shall have been reviewed by the Planning CoTnmis!.ion and approved by the Council as having fulfilled the requirements of this Section. SEC. 12.02. DEFINITIONS. For the purpose of this Chapter, . the following terms , phrases , words and their derivatives shall have the meaning given in this Section. When not inconsistent with the context, words used in the present tense include the fu- ture, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory. - , Subd. 1. The term "Administrative Official" means the City Administrator. Subd. 2. The term "alley" means a public right-of-way which affords a secondary means of access to abutting property. Subd. 3. The term "block" means an area of land within a subdivision that is entirely bounded by streets, or by street, and -the exterior boundary or boundaries of the subdivision, or a combination of the above with a river or lake. Subd. 4. The term "City Engineer ' is the professional Engineer designated by the Council. Subd. 5 The term "Comprehensive Plan" means a formal expression of a community's social and economic goals portrayed graphically and/or in writing, showing the community's desirable future development, the projected .uses of private land, and the general location and extent of proposed public facilities. Subd. 6. The term "deflection angle" means the angle between a line and the prolongation of the preceding line. Subd. 7. The term "design standards" means the speci- fications to land owners or subdividers for the preparation of plats, both preliminary and final, indicating among other things, the optimum, minimum or maximum, dimensions of such items as right-of-way, blocks , easements and lots . Subd. £3. The term "easement" means a grant by a prop- erty owner for the use of a strip of land for the purpose of con- structing and maintaining any public utilities , storm drainage, ways or ponding areas . Subd. 9. 'Me term "final plat" means a drawing or map of a subdivision, rneeting all the requiremenL-s of the City -and in such f-orin as required by the County for purposes of recording. 2 Subd. 10. The term "lot" means a portion of a subdi- vision or other parcel of land .intended for building development or for transfer of ownership. Subd. 11. The term "parks and playgrounds" mans pub- lic lands and open spaces in the City dedicated or reserved for recreational purposes . Subd. 12. The term "percentage of grade" means the distance vertically (up or down) from the horizontal in feet and decimals of a foot for each 100 feet of horizontal distance. Subd. 13. The term "pedestrian way" means a public or private right-of-way across a block or within a block -to provide access, to be used by pedestrians and which may be used for the installation of utilities where approved by the Planning Comrais-- sion and Council, Subd. 14. The term "Planning Commission" ' is the Planning Commission of the City.. -Subd. 15. The term "preliminary reliminar Y P lat" means the pre liminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission for its consideration. Subd. 16. The term ".protective covenants" means con- tracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical, social and economic integrity of any given area. Subd. 17. The term "street" means a. public. right-of- way affording primary access by pedestrians and vehicles to abut- ting properties , whether designated as a street, highway; thor- oughfare, parkway, throughway, road, avenue, boulevard, lane, place , or however otherwise designated. Subd. 18: The terms"major thoroughfare streets" or "arterial streets" mean those used primarily for heavy traffic, and serving as an arterial trafficway between the various dis- tricts of the community, including the Municipal-State Aid Sys- tem, as shown on the master plan. Subd. 19.' The term ."collector streets" means those that carry traffic from minor 'streets to the major system of ar- terial streets and highways , including the principal. entrance streets of residential neighborhoods . Subd. 20. The term "street grade" means the center line grade of the street which shall be related to the property line. grades as shown on standard street cr_oss--sections on file in the City Engineer's office . Subd. 21. 'line terra "minor streets" means those which are used pr_iaiar:ily for access to abutting properties - 3 - Subd. 22. The term "marginal access streets" mans streets which are parallel and adjacent to arterial streets and highways ; and which provide access to abutting properties and protection from through traffic. Subd. 23. The term "cul- de-sac street" means a minor street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. Subd. 24. The term "street width" means the shortest distance between lines of lots delineatinq the street. . Subd. 25. The term "subdivision" means a described tract of land which is to be or has been divided into two or more lots or parcels, any of which resultant parcels is less than five acres in area for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a parcel of land. The term includes resubdivision and, where it is appropriate to context, relates either to the process of sub- dividing or to the 1: knd subdivided. Subd. 26. The term "tangent" means a straight line which is perpendicular to the radius of a curve where a tangent I'leets a curve. Subd. 27. The term "U.S.G.S. Datum" means the United States Geodatic Survey Datum. (1929 adjustment) . Subd. 28. The term "vertical curve" means the surface curvature connecting lines of different percentage of grade. SEC. 12.03. PROCEDURES. Subd. 1. The procedure hereinafter described entails submission of a preliminary plat for conditional approval and a final plat for final approval. Subd. 2. Pre-Application and Sketch Plan Meeting. A. Prior to the submission of any plat for' consi..- deration to the Planning Commission under the provisions of this Chapter, the subdivider shall prepare a sketch plan and meet with the Planning Commission, or any individual to whom the Commission may delegate this responsibility, to introduce himself as a po- tential subdivider and learn what shall be expected of him in such capacity. B. Such sketch plan shall show. 1. Tract boundaries . 2. North point. 3. Streets on and adjacent to the tract. 4. Significant topographical and physical features 5. Proposed general street- layout. 6. PropoBed general road layout. - .4 - - Subd. 3. Preliminary Plat. A. The subdivider shall submit to the City Administrative office eighteen (18) copies of a preliminary plat of his proposed subdivision, the requirements of which are as set forth in this Chapter. Said preliminary plat shall be submitted not less than three (3) weeks prior to the next scheduled Planning Commission meeting for which a public hearing may be set. At the time of submission of the Preliminary Plat, the subdivider shall deposit twenty-five ($25) dollars per lot platted with a maximum of one thousand ($1,000) dollars. This deposit shall be held in a special Subdivider' s Escrow Account and shall be credited to the said subdivider, owner or developer. Engineering adminis- trative legal expenses incurred by the City shall be paid by the developer. The Administrator shall promulgate and adopt a set of rules , regulations and fees for services rendered by City personnel and said rules , regulations and fee schedules shall be on file with the City Clerk for inspection , and a copy thereof shall be furnished the subdivider , owner or developer. The City staff shall itemize all time , services and materials billed to any Subdivider' s Escrow Account and said time, services and materials shall be in accordance with the rules , regulations and fees as promulgated and adopted by the Council. The sub- divider, owner or developer making the deposit (s) in the Sub- divider ' s Escrow Account shall be furnished a copy of said itemized charges and any balance remaining in the account shall be returned to the depositer by the Clerk after all claims and charges thereto have been paid. - 5 - B. The City Administrator shall submit one (1) copy of the preliminary plat to the City Engineer, the Utilities Manager, and the City Planner. The City Engineer and the City Planner shall present their reaction to said plat to the Plan- ning Commission at the Commission' s next regularly scheduled meeting or as soon thereafter as is practical. C. The Planning Commission shall review the pre- liminary plat considering the opinions of the City Engineer, Vie Utilities Manager, and the Planner, if any, from the standpoint of public health and welfare and community planning. The Planning Commission shall hold a public hearing within sixty (60) days of filing and after the publication of a notice of said hearing in the official newspaper for the City. Said notice shall not be less than ten (10) days nor more than thirty (30) days prior to said hearing. The Commission shall notify the owner or sub- divider as to the time and place of the hearing at which he will be afforded an opportunity to be heard. D. If approved, the Planning Commission shall ex press its approval or conditional approval and state the condi- tions of such approval, if any, of if disapproved shall express its disapproval and its reasons therefor. Such approval or dis- approval shall be transmitted to the Council. E. After the Council receives the report of the Planning Commission, the Council shall act to approve or dis- approve the plat. Approval shall mean the acceptance of the design as a basis for preparation of the final plat. The Council may, before tbiay act upon the preliminary plat, submit it to any em- ployee of the City they may designate for further review and study. If the Council shall disapprove said plat the grounds for any such refusal shall be set forth by resolution by the Council and reported to the person or persons applying for such approval. F. At the time of filing the preliminary plat, the owner or owners of the land covered by such plat shall submit to the City Administrator a petition for rezoning to the precise ,proposed future use of said land if the land is not already so zoned. Subd. 4. A. The subdivider shall file with the Planning Commission through the City Administrator (within one year from the date of approval of the preliminary plat) a final plat con- forming substantially to the preliminary plat as approved; such approval shall be come null and void on plats which are not filed within the time herein specified. If requested by the subdivider, - 6 - the Council may extend the time limit on a yearly basis. The subdivider may withdraw the preliminary plat at any time within the year at which time approval shall become null and void on the plat. B. The subdivider may file a final plat limited to such portion of the preliminary plat which he proposes to re- cord and develop at the time, provided that such portion must conform to all requirements of this Chapter. If some portion of the final p14t has not been submitted for approval within this period, a preliminary plat for the remaining portion must again be submitted to the Planning Commission and the Council for approval. C. The final plat shall be filed with the City Administrator at least two (2) weeks before a regularly sched- uled monthly Planning Commission meeting. D. The City Administrator will refer the final plat to the Planning Commission and one (1) copy each to the City Engineer, the Utilities Manager, and the City Planner, if any, for their review and report. F. The Planning Commission, with assistance of the City Engineer and the City Planner, if any, shall check the final plat to see that it is in substantial agree- ment with the preliminary plat as approved and that it meets all ordinances and regulations of the City. F. When a final plat meets all of the conditions of this Chapter, the Planning Commission shall recommend approval to the Council and the Council shall act thereon. Following fi- nal plat approval or disapproval by -the Council, the City Admin- istrator shall notify the owner or subdivider of the Council ' s action. If the plat is not filed within ninety (90) days after approval by the Council, the Council may rescind its approval and shall notify the Scott County Recorder/Registrar of Titles. A reproducible copy and four (4) paper prints of the final plat af- ter the plat has been recorded with the County Recorder/Registrar of Titles of Scott County shall be filed with the City Adminis- trator. SEC. 12. 04. DATA REQUIRED FOR PRELIMINARY PLAT. Subd. l. The preliminary plat shall be clearly and legibly drawn. The size of the map shall not be less than 12 inches by 18 inches. All residential and commercial subdivision maps shall be drawn at a scale not smaller than a scale of 1 inch equals 100 feet, unless otherwise required by the Administrator. Industrial subdivision maps may be drawn at a scale of 1 inch equals 200 feet. - 7 - Subd. 2. The preliminary plat of the proposed subdivi- sion shall contain or have attached thereto tLe following informa- tion: A. Identification and description. 1. Proposed naine of subdivision, which name shall not duplicate or be alike in pronunciation of the name of any plat ther3tto recorded in the County. 2. Legal description of property to be platted .and a survey prepared and certified by a surveyor regis- tered in the State of Minnesota. 3. Key map at small scale showing location of the tract and property for at least 660 feet adjacent. 4. Names and addresses of the owner, subdi- vider, surveyor and designer of the plan. 5. North point. 6. Date of preparation. 7. Approval by the property owner. B. Existing Conditions. 1. Boundary line of proposed subdivision, clearly indicated. . 2. Existing zoning classification. 3. Total approximate acreage . 4. Location, widths and names of all exist- ing or previously platted .streets or other public ways , showing type , width and condition of improvements , if .any, railroad and utility rights-of-way, parks and other public open spaces , per- manent buildings and structures , easements, and section and cor- porate lines within the tract and to a distance of 100 feet be- yond the tract. 5. Location and size of existing sewers, wa- ter mains, culverts or other underground facilities within the tract and to a distance of 100 feet beyond the tract. Such data as grades , invert elevations and locations of catch basins, man- holes and hydrants , shall be sho.an only on request. 6. Identify by name and ownership boundary lines of adjoining unsubdivided or subdivided land, within 100 feet. 7. Topographic data maybe required out to :300 feet beyond the boundaries of the proposed plat including contours at vertical intervals of not more than 2 feet. Where the horizontal contour intervals is 100 feet or more, a one foot vertical interval shall be shown. Water courses , marshes , wooded areas , rock outcrops , power transmi-ssi.on poles and lines , and other significant features shall also be shown. C. Subdivision Design Features . 1. Layout of proposed streets , showing r.i_ght--of-way widths and proposed names of streets . The name of any street heretofore used in the City or its environs shall not be used, unless the proposed street is an extension of an already named street, in which event the name shall be used. - 8 - 2 . Locations and widths of proposed alleys , pedestrian ways and utility easements . 3. Proposed street and alley centerline pro- file grades showing approximately both existing and proposed centerline profile grade lines. 4. Proposed location and size of storm and sani- tary sewer lines and water mains and proposed gradient of sewer lines . 5. Proposed storm and sanitary sewer point of discharge or connection to existing systems and water main connec- tion or source of supply. 6 . Layout, numbers and preliminary dimensions of lots and blocks . 7. Minimum front, side and rear building set- back lines, indicating dimensions. 8 . Areas, other than streets , alleys, pedestrian ways and utility easements intended to be dedicated or preserved for public use, including the size of such area or areas in acres . 9. Soil percolation tests may be required by the City Engineer especially in rural service areas , and other perti- nent subsurface information including soil borings . Soil perco- lation and boring tests shall conform to the testing procedures of the Shakopee Sewage Disposal and Treatment Code. 10. A separate draft of all proposed restrictive covenants, if they are to be used, for the preliminary plat. D. Qualification. No plat will be approved for a sub- division which covers an area subject to periodic flooding or which contains extremely poor drainage facilities and which would make adequate drainage of the streets and lots impossible, unless the subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area completely safe for occupancy, and provide adequate street and lot drainage . The surface drain- age rate of runoff from a particular area shall not be increased by the development of that area. SEC. 12 . 05. DATA REQUIRED FOR FINAL PLAT. Subd. 1. Final Plat. The owner or subdivider shall sub- mit a final plat together with any necessary supplementary information. A. Filing. Eighteen (18) copies of a final plat shall be filed with the Planning Commission together with addi- tional copies as required by Scott County. B. At the same time, the owner or subdivider shall submit an abstract of title continued to date or an Owner 's Duplicate Certificate of Title and Registered Property abstract to the City Attorney for his examination and approval of title in the developer. Once title is approved, then the supporting document may be returned to the owner or developer. 9 - C. Contents. 1. The final plat prepared for recording . purposes shall be prepared in accordance with provisions of Min_ ne,ota State Statutes, Section 505.03 and 505 .08 and any amend- ment.-, thereof and thereto. 2. Name of subdivision; names shall not du- .plicate or -Loo clo-.ely approximate the name of any existing subdi- vision. 3. Location by section, township, range, county and state, and including- descriptive boundaries of the sub- division, based on an accurate traverse, giving angular and lira--- ear dimensions which must mathematically close. The allowable er- ror of closure on any portion of a final plat shall br one foot in 7,500. 4. The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments or the nearest established street lines, including -true angles and di.s-- tances to such reference points or monuments . Permanent markers shall be placed at each corner of every block or portion of a block, points of curvature and points of tangency on street lines, and at each angle point on the boundary of the subdivision. A permanent marker shall. be deemed to be a steel rod or pipe, one- half inch or larger in diameter extending at least 18 inches be-- low the finished grade. In situations where conditions prohibit the placing of markers in the locations prescribed above, offset markers will he permitted. The exact location of all markers shall be shown on the final plat, together with accurate interior { angles, bearings and distances . Permanent monuments shall by placed at all quarter section points within -the subdivision or on its perimeter,. 5. Location of lots , streets , public high- ways , alleys , parks and other features , with accurate dimension in feet and decimals of feet, with the length of radii and/or arcs of all curves , and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and points of curve to lot lines . 6. Lots shall be numbered clearly. If blocks are to be numbered or lettered, these should be shown clearly in the center of the block. 7. The exact locations , widths , and names of all streets to be dedicated. 8. Location and width of all. easements to be 'dedicated. 9. Boundary lines and description of boundary lines of any areas other than streets and alleys which are to be dedicated or reserved for public use. 10. Name and address of developer and sur- veyor making the plat. 11. Scale of plat (the scale to be shown gra- phically and in feet per inch) , date and nor t.1-1 point. 12. Statement dedicating all easements as f ollcras : Easements for ins tall aLion and mai.nt-enance of utilities and drainage., fac:i l itie.s arc, reserved over, und.�r and along the strip.-3 marl:.ed "utility easement:;" . 13 . Statement dedicating all. . streets , alleys 10 = and other public areas not previously dedicated as follows: Streets , alleys and other_ public areas shoran on this plat and not heretofore dedicated to public use are hereby so dedicated. D. Filing Fee. The final plat shall be accom- panied by a fee as established by the Council, such fees to be used for the expense of the City in connection with the review, inspection, approval or disapproval of said plat which may there- after be :.ubmitted. E. Certifications required on final plats.- 1. Notarized certification by owner, and by any mortgage holder of record, of the adoption of the plat and the dedication of streets and other public areas . 2. Notarized certification by a registered ' land surveyor, to "the effect that the plat represents -a survey made by him and that- monuments and markers shown therein exist as located and that all dimensional and geodetic details are cor- rect. 3. Certification by the City Attorney that the plat conforms to all the legal requirements of the City. 4. Space for certificates of -approval to be filled in by the signatures of the Chairman of the Planning Com- mission, the Mayor and City Administrator. (a) The form of approval by the Plan- ning Commission is as follows : Approved by the Planning Co;rmissian of the City of Shakopee, this day of 19 Chairman (b) The form of approval by the Council is as follows : Approved by the City of Shakopee, Minnesota, this day of 19 Mayor ATTEST: City Administrator_ F. Supplementary documents and information. 1. A complete set of street profiles showing grade lines as proposed. 2. Copies of all private restrictions affect- ing the subd:ivISion or any part thereof. - 11 - SEC . 12 .06 . DESIGN STANDARDS. Subd. 1. Streets and Alleys . A. General. I. The arrangen�ent of thoroughfares and col- lector streets shall conform as nearly as possible to the V. mpre hensive Plan. Except for cul-de-sacs , streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions , or provide for future connections to adjoining un- subdivided tracts, or shall be reasonable projection of strccts in the nearest subdivided tracts . The arrangement of thorough-- fares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic condi- tions , to run-off of storm water,. to public convenience and safe- ty, and .in their appropriate relation to the proposed uses of the area to be served. 2. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider at the sanr_ scale as set forth herein. 3. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdi�vision, with provision for adequate utility connections for such resubdivision. B. Specific. l. Streets . . (a) Widths. All right--of-way widths and pavement widths (face to face of curb) shall conform to the following minimum dimensions: Classification Right-of--wav Roadwax Major Thoroughfares 80 feet 44 feet Collector Streets 66 feet 40 feet Minor Streets 60 feet 36 feet Marginal Access Streets 50 feet 28 feet (Restricted Parking) (b) Deflections . When connecting street lines deflect from each other at any one point by more than ten degrees, they shall be connected by a curve with a ra- dius of not less than 200 feet". (c) Grades . All center line _gradients shall be at .Least .5 per cent and shall not exceed the following: Classification Gradient er cent Major Thoroughfares , Collector Streets 4 14inor Streets , 24argina:l Access Streets 6 12 - (d) . Street Jogs . Street jogs shall have a centerline offset of 150 feet or more when applied to mi- nor streets or marginal streets , in all other cases they shall be avoided. (e) Minor Streets . Minor streets shall ba so aligned that their use by -through traffic will be discour- aged. Tread end streets are prohibited, but cul-de-sacs will be permitted where topography or other conditions justify their use. _ (f) Cul-de-sacs . Maximum length of j cul-de-sac streets shall be1000feet measured along the center line from the intersection of origin to end of right-of-way, and j minimum diameter shall br 120 feet. Lot lines abutting cul-de- sacs shall be radial except in extreme cases where special per- mission may be granted otherwise. i (g) Marginal Access Streets . Where a � subdivision abuts or contains an existing or planned major thor- oughfare or a railroad right-of-way, the Council may require a street approximately parallel to and on each side o.- such right- of---way for adequate protection of residential properties and to I afford separation of through and local traffic. Such marginal access streets shall be _located at a distance from .the major thoroughfare of r.ailroad right-of-%qay suitable for the appropriate j use of the intervening land, as for park purposes in residential- districts , or for commercial or industrial purposes in appropri..- ate districts . Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations . (h) Half Streets. Half streets shall be prohibi.ed, except where essential to the reasonable develop- ment of the subdivision in conformity with the other requirements of these regulations ; and except where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there is a half- street adjacent to a tract to br subdivided, the other half of the street shall be platted within such tract. (i) Surface. All streets shall ba sur- faced as prescribed by the City Fingi nee ring Department before bc�- ing accepted into the system of street maintenance. Curb and gutter and bituminous surfacing shall be constructed at the same tune. 13 - (j ) Reserve Strips. Reserve strips controlling access to streets shall be prohibited. ( shall not be approved nor shall r Streets. streets publicimprovementsvbeeapproved for any private streets. (1) Hardship to of Property Avoided. The street arrangement shallsnot beJsuchnas to cause hardship to woners of adjoining property in platting their own land and providing convenient access to it. ( the case where a proposed platAiseadjacentjto ahthoroughfar. he applicant is advised not to direct vehicle or pedestrian access from individual lots to such thoroughfares. Where possible, the subdivider should .attempt to provide access to all lots via lo- cal streets and collector streets and to maintain approximately G mile interval between the intersection of the thoroughfare and the collector streets. (n) Platting of Small Tracts. In the platting of small tracts of land fronting on thoroughfares where there is no convenient access to existing entrances and where access from such plat would be closer than a mile from an existing access point, every effort shall be made in such plats for the connection of roads to neighboring land. As the neigh- boring land is platted and developed, and access becomes possi- ble at a preferred location, direct access shall be prohibited. 2. Alleys. (a) Locational Requirements. Either a public street or alley shall be provided in commercial and indus- trial districts, except that this requirement may be waived where other_ definite and assured provision in made for service access, such as off-street loading, unloading and parking consistent with - 14 - and adequate for the use proposed . Except where just.ified-by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Dead end alleys shall he avoided, wherever possible, taut if unavoidable , such dead end alleys may be approved if ade- quate turnaround facilities are provided at the closed end. (b) Widths. All alley rights-of-way and pavement widths shall conform to -the following minimum stan- dards . Classification Right-of-Way Pavement • j Industrial or Commercial 24 feet 20 feet Residential (where permitted) 20 feet 16 feet (c) Grades. All centerline gradients shall be at least .5 per cent and shall not exceed 8 per cent. (d) Surface. All alleys shall be sur- faced as p rescribed by the Engineering Department and approved by the Engineering Department. 3. Intersections . (a) Angle of Intersections . The angle formed by the intersecting of streets shall not be less than 80 degrees with 90 degrees intersections preferred. (b) Size of Intersection. Intersec- tions of more than four corners shall be prohibited. (c) Corner Radii. Roadways of street I intersections at the curb shall be rounded by a radius of not less than 20 feet. Roadways of alley-street intersections shall be rounded by a radius of not less than 10 feet. Corners at the entrance to the turn-around portions of cul-de-sacs shall be rounded by a radius of not .less than 15 feet. . 4. Curb and Gutter. Concrete curb and gut- ter may be required as a part of the required street surface im- provement and shall thus be designed for installation .along both sides of all roadways in accordance with the standards of the City. City shall set all grades stakes and supervise construc- tion. 5. Sidewalks . I (a) Location. The sidewalks shall not be located less than one foot from the property line , nor by adja- cent to - the curb except as determined in commercial areas. Side- walks in industrial areas shall bs located to conform to the an- ticipated pedestrian flow of ,the development. (b) • Widths . All sidewalks shall con- form to the following min:imu.n standards: Classi.-f-ication Width Single Family Zone 5 ft:. Multiple Family Zone F,: Public miilcli.ng Sites 6 ft. C ornrne rc.:i a l Zone 10 ft. Industrial_ Zone 6 ft. 15 - " t (c) Grades . Sidewalks shall slope one- fourth inch per foot away from the property' line and -the profile grade shall conform t-) street grarbes . (d) Planned 'Unit Development shall bs subject to the location, widths , and grades set forth therein. 6. Pedestrian Ways . In blocks over 900 feet long, pedestrian crosswalks through the blocks , and at least l0 feet wide , may be required by the Council in locations deemed necessary to public health, convenience and necessity. 7. Private Driveways Lot contour eleva- tions shall be such that private driveways intersecting the street shall have a uniform profile grade of at least 0.5 per cent or not greater than 10 per cent. . Subd. 2. Easements . A. Easements across lots or centered on rear or side lot lines shall be provided for utilities and drainage where necessary and shall be at least 10 feet wide for telephone or power line easements and 20 feet wide for drainage, sewer or wa- . ter easements . Underground utility installation shall be re- quired. B. Cohere a subdivision is traversed by a water course , drainage way, channel or stream, there shall 1>� provided a storm water easement or drainage right-of--way conforming sub- stantially with lines- of such water course, and such further width or construction, or both, as will be adequate for the pur- pose . Parallel streets or parkways may be required in connection therewith_ Subd. 3. Blocks . A. Factors Governing Dimensions . Block length and width or acreage within bounding street shall be such as to accommodate the size of residential lot required in -the area by the Zoning Chapter and to provide for convenient access , circula- ,tion control and safety of street traffic. B. Length. Residential block lengths shall not exceed 1, 300 feet. Blocks intended for commercial and industrial use must be designed as such, - and the block must ba of sufficient size to provide for adequate off-street parking, loading and such other facilities as are required to satisfy the requirements of the Zoning Chapter of the Shakopee City Code_ C. Arrangements . A block shall be so designed as to provide two tiers of lots , . unless it adjoins a railroad or ma- jor thoroughfare where it may have a single tier of lots . - 16 Subd. 4. Lot Standards . (1) Size - The lot dimensions shall be such as to comply with the minimum lot areas specified in the zoning ordinance. (2) Side Lot Lines - Side lines of lots shall be sub- stantially at right angles to straight street lines or radial to curved street lines. (3) Lots- shall be graded so as to provide drainage away from building locations. (4) Natural Features - In the subdividing of any land. due regard shall be shown for all natural features, such as tree growth, wetlands, steep slopes, water courses, historic spots, or similar conditions , and plans adjusted to preserve those which will add attractiveness, safety and stability to the proposed development. (5) Lot Remnants - All remnants of lots below minimum size left over after subdividing of a larger trace must be added to adjacent lots rather than allowed to remain as unusable parcels. (6) Double Frontage Lots - Double frontage (lots with frontage on two parallel streets) or reverse fron- tage shall not be permitted except: a. Where lots back on an arterial street in which case vehicular and pedestrian access between the lots and arterial street shall be prohibited. Such double-frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. b. Where topographic or other conditions render subdividing otherwise unreasonable. Such double- frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. (7) Location - All lots shall abut their full frontage on a publicly dedicated street. (8) Rural Service Lots - Rural service lots shall be designed in such a manner whereby septic tanks , drain- fields and homes are located as to allow future sub- division of the land upon the requirement of the 17 - City Engineer where future urban service expan- sion is probable. The City may also require at the time of final subdivision approval that a covenant be recorded which requires the placement of future structures in accordance with approved preliminary plat design. Subd. 5. Public Sites and Open Spaces. In every plat ; or subdivision of land allowing development for residential, com- mercial or industrial uses , a reasonable portion of such land, but not less than 5% for commercial or industrial uses, and not less than 10% for residential uses shall be set aside and dedicated by the tract owner or owners to the general public as open space for park and playground purposes , public open space , or storm water holding areas or ponds. Said land shall be suitable for public use as parks and playgrounds or for one of the aforedescribed purposes and the City shall not be required to accept land which will not be useable for parks and playgrounds or which would require extensive expenditures on the part of the public to make them useable. The City shall have the option to require cash contri- bution in lieu of setting aside of dedicated land or in requiring a part of the land and the balance of the land value in cash. Any money so paid to the City shall be placed in a special fund and used only for the acquisition of land for parks and playgrounds or the development of existing park and playground sites or debt retirement in connection with land previously acquired for parks and playgrounds . When contributing cash in lieu of dedicating land for commercial and industrial uses, said contribution shall be based on the following schedule per plat or subdivision : for each plat valued between $1 and $200 ,000 - 5% contribution, for each additional incremental value of laid between $200 ,000 and $1,000 ,000 - 3% contribution, and for all incremental value above $1,000 ,.000 - 2% additional contribution. Any cash contribution in lieu of land shall be based on the total fair market value of the land being subdivided. For purposes of this ordinance, "fair market land value" is defined as the market value of the land within such plat or subdivision as of * the date presented to the City Council for final approval, or if no preliminary approval be given or required, as of the date so presented for final approval, as determined by the City Assessor in the same manner as he determines the market value of land for tax purposes , excluding, in determining such value , all value added to such land by improvements serving such land, but including in such determination the highest and best use to which the land can be put under the zoning districts then about to be transferred. - 18 = SEC . 12.07. REQUIRED XMPROVEI�JE:NTS. Subd. 1. General. A. Before a final plat is approved by the Coun- cil, the owner and subdivider of the land covered by the said plat shall execute and submit to the Council a developer's agree- ment, as prescribed by the Council, which agreement shall hz. binding upon them, thi-ir heirs , personal representatives and as- signs . B. Construction Plans . Construction plans for .the required improvements conforming in all respects with the standards of the City Fngineer and the ordinances of -the City, shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Minnesota, and said plans shall contain his seal. Such plans together with the quan- tities of construction items shall be submitted to the City Engi- neer for his approval and for his estimate of the total cost of the required improvements . The tracings of the plans approved by the City Engineer plus two prints shall be furnished to the City to be filed by the City Engineer as a record in the Engineering a tment. No final plat shall be approved b the Council with- out p I�I� Y out first receiving a report from the City Engineer certifying that the improvements described herein, together with the agree- ments and documents required herein, meet the minimum require- ments of all applicable ordinances . Drawings showing all im- provements as built shall be filed with the City Engineer. C. All of the required improvements to bQ :in- stalled under the provisions of this Chapter shall be inspected during the course of their construction by -the City Engineer. All of the inspection costs pursuant thereto shall be paid by the owner or subdivider in a manner prescribed by the Council_ Subd_ 2. Monuments . Monuments of a permanent charac- ter shall be placed in locations on the boundary of the subdivi- sion and within it as required by Minnesota Statute 505.02. Subd. 3. Streets and Alleys . A. All streets and alleys shall have adequate sub-base as approved by the Engineering Department. B. The full width of the right:.-of-way of each street and alley dedicated in the plat shall b--a graded. The .,.Width shall comply with the surface provisions of this Chapter and class five MINN DOT aggregate or other suitable base shall be required as prescribed by the, Engineer:ing Department. C. All streets shall be surfaced with a bi-tum5L_ noun surface or portland cement concrete. D. Curb and Gutter. Curb and gutter sections shalt be installed - on both sides of the roadway on all. full wl.dth right-of-way to be dedicated in the plat all in accordance with adopted engineering standards, except 19 - Subd. 4 . Road Naming and House Numbering System. Road Designations : The use of avenue, drive, boulevard, court and circle suffixes shall be used in identify- ing location and direction of roads . Roads shall be designated as follows : A. Roads that run north and south are streets. B. Roads that run east and west are avenues. C. Roads that both originate and terminate on the same street are circles. D. Cul-de-sacs (dead ends) of one block or less in length are courts. E. A road shall have only one name for it-s entire length. F. No two roads shall be named alike, that is, have the same name or have similar sounding names. G. The name of a road will change only if the road changes direction forty-five degrees or more at the point of deviation. H. Meandering roads shall be labeled either a boulevard or a drive. I. If the proposed street is an extension of an existing named street that name shall be used. In all other cases the name of any street previously used within the county shall not be used, unless such use is consistent with the county or community street naming system. House Numbering System: The standard method of assigning house numbers to each si e o tli-e street shall be as follows: A. On the east and west avenue, the odd numbers to be assigned to the north side of the avenue and the even num- bers assigned to the south side of the avenue B. On the north and south streets, the odd numbers to be assigned to the east side of the avenue and the even numbers assigned to the west side of the avenue. C. On avenues with a deviation of more than 45 degrees from the north-south base line, the odd numbers to be assigned to the north side of the avenue and the even numbers assigned to the south side of the avenue. D. On avenues with a deviation of 45 degrees or less from the north side base line, the even numbers to be assigned to the east side of the avenues and the odd number to be assigned to the west side of avenue. 20 E. Circle streets are assigned numbers In staggered sequence to -the number sequence of the drive , avenue or parkway on which it originates and -terminates. F• Dead end roads are assigned numbers as if 'the road continued through , beginning with the ;,-malles't number of sequence at the road origin. G. Courts are assigned numbers conL orming to the rsumer- ' ical sequence of the drive, avenue or parkway on which It originates . . H. On a street that deviates 115 degrees or more (measured . at the point of deviation) -the number sequence will change accordingly_ I I . One-family dwellings and duplexes : one number will be assigned -to each residential unit determined by the location of the principal entrance. . 1"us-iness structures : a number will be ass_°igned to each entrance , but only one number per building es- tablishment for each street frontage . K. Split lots : a structure located on two or more lots will. be assigned a number determined by -the location of -the fronting entrance measured from the proceeding grid line. L. Blocks : a structure located on the entire length or width of a grid bloc); will `be assigned a number f determined by -the location of -the fronting entrance. M. Corner lots :' a structure located on a corner lot will be assigned a number determined by -the princi--- I' pal entrance ., If the structure is so located that it would be considered fronting on either street , then it will be assigned a number dcte-rmined by 'tho 1-1orth-South number sequence . t•1. Each principal building or s'truc'ture shell display address numbers . Address numbers shall be- a minimulft of It inches in height. Address nurrtbers shall be pli,iccd on the structure with an uno})s-I.ruct ed view ref Tectorized or of a con-tras-ti.ng color to -the back- ground , }3<<ckf;rolznd :sh%ill ma_;_n-tain a Tn.iai:i)num 6 inch per:i7fir'T :r around num1)c=rs . 21 - Subd. 5. Streets and Alleys. A. All streets and alleys should have adequate sub-base as approved by the Engineering Department. B. The .full width of the right-of-way of each street and alley dedicated in the plat shall be graded. The width shall comply with the surface provisions of this Chapter and class five MINN DOT aggregate or other suitable base shall be required as prescribed by the Engineering Department. C. All streets shall be surfaced with a bitumi- nous surface or portland cement concrete. D. Curb and Gutter. Curb and gutter sections shall be installed as development occurs on both sides of the roadway on all full width right-of-way to be dedicated in the plat all in accordance with adopted engineering standards, except in R-A Zones where waiver is recommended by the City Engineer. E . Street signs shall be installed in all new subdivisions by the City, at the expense of the developer. Subd. 6 . Sewers. A. Sanitary sewers shall be installed as pre- scribed by the Engineering Department to serve all properties in the subdivision where a connection to the City sewer system is available at or reasonably near the boundary of the subdivision. Determination to be made by the City Engineer. B. Storm sewers shall be constructed as pre- scribed by the Engineering Department to serve all properties in the subdivision where a natural outlet is available or where a connection to the City storm sewer system is available at or rea- sonably near the boundary of the subdivision. Subd. 7. Water Supply. Where a connection to the City kwater system is presently available at or reasonably near the boundary of the subdivision, water distribution facilities, in- cluding fire hydrants, shall be installed to serve all properties within the subdivision and shall be in accordance with policies of the Shakopee Public Utilities Commission. Subd. 8. Installation of Street Lighting. The subdi- vider shall provide for installation of street lighting and opera- tion for a period of three (3) years as prescribed by the Utilities Manager. - 22 - Subd. 9. Installation of Sidewalks. The subdivider shall install sidewalks on both sides of an officially designated arterial street and on one side of collector streets , and walk- ways to schools; such collector streets and walkways to be deter- mined by the Planning Commission and approved by the Council. Subd. 10. Top Soil. Top soil moved during the course of construction shall be redistributed but need not provide more than 4 inches of cover. Subd. 11. Drainage. A system that will adequately take care of the water run-off within the subdivision shall. be pro- vided. The surface drainage rate of run-off from a particular area shall not be increased by the development of that area. The Council may upon the recommendation of the Planning Commission, determine that the subdivider install the storm sewers connec- tions to the existing storm sewer system of the City within or adjacent to the subdivision. Subd. 12. Public Utilities. A. Electric service and phone service instal- lations to residential structures shall be underground from the main line to the residential structure except where extreme con- ditions prohibit and a variance from this requirement is authorized by the Planning Commission upon advice of the Utilities Commission. Provisions shall also be made for underground connections of street lights as required from main lines to the street line in- stallation. B. Where telephone, electric and/or gas service lines are to be placed underground, conduits or cables shall be placed within easements or dedicated public ways , in such a manner so as not to conflict with other underground services. All drainage and other underground utility installations which traverse privately- owned property shall be protected by easements. Subd. 13. Improvements Required, Financial Guarantee. The subdividers agreement provided above shall require the sub- divider to make a cash deposit, certified check, or in lieu thereof furnish the performance bond as follows: A. Performance Bonds . In lieu of making a cash deposit hereinafter described, the subdivider may furnish the City with a public performance bond, in the form prescribed by statute, with corporate surety, in a penal sum equal to 1� times the total cost as estimated by the Engineer including cost of inspection by the City of all of the improvements to be furnished and installed by the subdivider pursuant to the contract and which have not been completed prior to approval of the Final Plat. The bond shall be approved by the Administrator and filed with the City Clerk. - 23 � B. Cash Deposit. A cash deposit or certified check shall be made to the City Treasurer in a sum equal to 12 times the total cost as estimated by the City Engineer, including cost of inspection by the City of all the improvements to be furnished and installed by the subdivider pursuant to the contract., and which have not been completed prior to the approval of the Final Plat, but the City shall be entitled to reimburse itself out of said deposit for any cost and expense incurred by the City for completion of the work in case of default of the subdivider under said contract and for any damages sustained by the City on account of any breach thereof. Upon completion of the work and termination of any liabilities to the City of the subdivider under said contract the balance remaining of said deposit shall be refunded to the subdivider. Subd. 14 . Tree Removal and Conservation of Vegetation. All subdivisions shall be planned, designed, constructed and maintained so that: A. Existing healthy trees and native vegetation on the site are preserved to the maximum extent feasible and are protected by adequate means during construction. B. Existing native vegetation is not disturbed, injured or removed prior to site development, except to the extent necessary for the preparation of a tentative map. Subd. 15. Erosion and Sediment Control. The following guidelines shall be applied in the subdivision and construction of land areas: A. The Development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. B. Erosion and siltation control measures shall be coordinated with the different stages of development. Appro- priate control measures shall be installed prior to development when necessary to control erosion. C. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses . The smallest practical area of land shall be exposed at any one period of time. D. When soil is exposed, the exposure shall be for the shortest feasible period of time. E. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The soil shall be restored to a depth of four (4) inches and - 24 - shall be of a quality at least equal to the soil quality prior to development. Subd. 16 . Drainage. The natural drainage system shall be used as far as is feasible for the storage and flow of run-off. The following requirements shall also apply: A. Storm water drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of storm water to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for storm water shall provide for natural or artificial water level control . B. No existing ditch, stream, drain or drainage canal shall be deepened, widened, filled, rerouted or filled without written permission from the City Council. C. Where artificial channels must be con- structed to augment the natural drainage system, such channels as well as the natural drainage ways may be planned as part of a recration trail system. Channels shall be designed to be aesthe- tically compatible with trail use. Subd. 17. Steep Slopes. Subdivision design shall be consistent with limitations presented by steep slopes . Subdi- vision shall be designed so that no construction or grading will be conducted on slopes steeper than 25% in grade. SEC. 12 . 08 . SMALL SUBDIVISIONS Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of these regulations, the City Council, following consideration of the Planning Commission, shall have the power to vary the requirements established in harmony with the general purpose and intent thereof, so thatthe public health, safety, and general welfare may be secured and substantial justice done. In particular, for small subdivisions of a minor nature in size or ,complexity, certain requirements of these regulations may be waived if the City Council, following consideration by the Planning Com- missoin, so determines, and following compliance with procedures as follows : A. Simple Lot Split. When one parcel or lot of record is divided to result in two lots or parcels, the submission of topographic maps, soil tests and other data may be waived if approved by the City Council. Transfer of title or the process of subdividing may be by filing of a final plat, certificate of survey or registered land survey. 25 - B. Creation of 3 to 5 Lots . When any parcel of land is divided in from three (3) to not more than five (5) lots, submission requirements such as soil tests and topography information shall be as required by the City Council. Transfer of title or the process of subdivision may be by filing of a final plat or registered land survey. Additional information may, however, be required by the Planning Commission, or Zoning Administrator following review of the preliminary plan. The City Council may require the filing of a final plat in lieu of a registered land survey. SEC. 12 . 09 . REGISTERED LAND SURVEYS AND CONVEYANCE BY METES AND BOUNDS. Subd. 1. Registered Land Surveys. It is the inten- tion of this Chapter tha all registered land surveys in the City should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this Chapter for preliminary plats and that the Planning Commis- sion shall first approve the arrangement, sizes and relationship of proposed tracts in such registered land surveys, and the tracts to be used as easements or roads should be so dedicated. Unless such approvals have been obtained from the Planning Com- mission and Council in accordance with the standards set forth in this Chapter, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved. Subd. 2. Conveyance by Metes and Bounds. The City may refuse to accept the dedication of streets or to improve, repair or maintain them adjacent or abutting upon any tract conveyed contrary to law. SEC. 12. 10. VARIATIONS AND EXCEPTIONS. Subd. 1. Hardships. Where the Planning Commission finds that extraordinary hardships or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may recommend variations ,or exceptions to the regulations so that substantial justice may be done and the public interest secured, provided thatsuch varia- tion or exception shall not have the effect of nullifying the intent and purpose of this Chapter; and further provided the Planning Commission shall not recommend variations or exceptions to the regulations of this Chapter unless it shall make findings based upon the evidence presented to it in each specific case that: A. The granting of the variation will not be det- rimental to the public safety, health, or welfare or injurious to other property or improvene-ents in the neighborhood in winich the property is located. - 26 - B. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally , to other property. C. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly en- joyed by other properties in the same zoning district under the terms of this Chapter. D. The special conditions and circumstances do not result from the actions of the applicant. E. Because of the particular physical surround- ings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strct letter of the regulations were carried out. Subd. 2 . Planned Unit Developments. The standards and requirements of these regulations may be modified in the case of Planned Unit Developments by recommendation of the Planning Com- mission and approval of the Council to: A. Encourage a more creative and efficient ap- proach to the use of land. B. Allow variety in the types of environment available to the people of the City. C. Encourage more efficient allocation and main- tenance of privately controlled common open space in residential developments through the distribution of overall density of popu- lation and intensity of land use where such arrangements is desired and feasible. D. Provide the means for greater creativity and flexibility in environmental design than is provided under the strict application of the Zoning and Subdivision Chapters while at the same time preserving the health, safety, order, conveni- ,ence, prosperity, and general welfare of the City. Alternative construction methods, design standards, required improvements and procedures shall be set forth in the Planned Unit Development provisions of the Shakopee City Code. Subd. 3. Conditions. In recommending variations and exceptions, the Planning Commission may require such conditions on a plat of subdivision as will, in its judgment, secure sub- stantially the objectives of the standards or requirements of this Chapter. Violations of such conditions and safeguards, when made a part of the terms under which variance is granted, shall be deemed a violation of this Chapter. 27 - Subd. 4 . Procedure for a Variance. A petition of any such variance shall be submitted in writing by the subdivider at the time the preliminary plat is filed for consideration by the Planning Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the peti- tioner with specific attention to the conditions stated in Sub- division 1 of this Section. Subd. 5. Recommendations. Such variations and excep- tions as may be recommended by the Planning Commission shall be forwarded to the Council in writing, substantiating the recom- mended variations and/or exceptions. The Council may approve such variations or exceptions from the requirements of this Chapter in specific cases as listed on the final plat which, in its opinion, do not adversely affect the Comprehensive Plan of the City or the intent and purpose of this Chapter. SEC. 12 . 11. APPEALS . Any person aggrieved by an objection to a plat or a failure to approve a plat may, within sixty (60) days of notification of such objection or rejection of the plat, have such decision reviewed by an appropriate remedy in a proper court of record. SEC. 12. 12 . AMENDMENTS. For the purpose of promoting the public health, safety, and general welfare, the Council may from time to time amend the regulations imposed by this Chapter. The Planning Commission shall hold a public hearing on proposed amendments and make recommendations thereon to the Council. Pro- posed amendments may be initiated by the Council , the Planning Commission, the City Administrator or petitioners. SEC . 12 . 13. ENFORCEMENT. Subd. 1. It shall be the duty of the City Adminis- trator to enforce this Chapter and to bring any violations or lack of compliance herewith to the attention of the City Attorney. Subd. 2. If the City Administrator or his subordinates shall find that any of the provisions of this Chapter are being violated, he shall notify in writing the person responsible for such violations , indicating the nature of the violations, and or- ,dering the action necessary to correct it. He shall order dis- continuance of any illegal work being done; or shall take any toerh action authorized by this Chapter to ensure compliance with or to prevent violations of its provisions. Subd. 3. No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell such parcel before a plat of said subdivision has been ap- proved by the Council, in accordance with the provisions of this Chapter , and has been filed with the County R bords/Registrar of Titles of Scott County , Minnesota. - 28 - Subd. 4 . No building permit shall be issued for the construction or repair of any building or structure located on a lot or plat subdivided or sold in violation of the regulations of this Chapter unless waived by resolution of the Council. Subd. 5. No final plat shall be approved which does not comply with all the provisions of this Chapter, and no plat shall be filed with the County Recorder/Registrar of Titles which does not bear the signatures of the Chairman of the Planning Com- mission, the Mayor and the City Administrator. SEC. 12. 14 . VIOLATIONS. Subd. 1. Sale of Lots From Unrecorded Plats . It is unlawful to sell, trade, or otherwise convey or offer to sell, trade, or otherwise convey any lot as a part of, or in conformity with any plan, plat or replat of any subdivision or portion of the City unless said plan, plat or replat shall have first been recorded in the office of the County Recorder/Registrar of Titles of the County. Subd. 2 . Receiving or Recording Unapproved Plats. It is unlawful to receive or record in any public office any plans, plats, or replats of land laid out in building lots and streets, alleys or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting on or adjacent thereto, and located within the juris- diction of this Chapter, unless the same shall bear thereon, by endorsement or otherwise, the approval of the Planning Commission and the Council. Subd. 3. Misrepresentations as to Construction, Super- vision, or Inspection of Improvements. It is unlawful for any person owning an addition or subdivision of land within the City to represent that any improvement upon any of the streets , alleys or avenues of said addition or subdivision or any sewer in said addition or subdivision has been constructed according to the plans and specifications approved by the Council, or has been supervised or inspected by the City, when such improvements have not been so constructed, supervised or inspected. Source: City Code Effective Date: (Section 12 . 15 through 12 . 98 , inclusive, reserved for future expansion. ) SEC. 12 . 99 . VIOLATION A PETTY MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared 29 - unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a petty misdemeanor, except as otherwise stated in specific provisions hereof. Fource: City Code Effective Date : - 30 - i • PROCEEDINGS OF THE PLANNING COMMISSION (Excerpt) Adj . Reg. Session SHAKOPEE, MINNESOTA August 24, 1978 .Koehnen/Colligan moved to open Public Hearing on Hall ' s 1st Addition -- Preliminary and Final Plat . Motion carried . City Admin. explained the proposal plat to the Commission. A variance for a moritorium is needed before the Plan can be approved . Don Woodward was present representing the proposal and to answer questions from the Commission. Marie Klavestad was present in the audience concerned with the type of equipment which would be used and where the equipment would be run. Doug , also representing the proposal stated all equipment would come directly off Highway 101 . , owner of the Stagecoach was present in the audience and questioned the type of business this would be . This is a sales type of building. No manufacturing is involved . Discussion was held on the driveway. It appeared to Chairman Schmitt that there was a common driveway to both parcels . The plat reads "existing driveway for common use" . City Admin. explained that the builders have no desire to build a road at that point . Chairman Schmitt asked for questions from the Commission. Discussion followed on the driveway. This is unsewered property. This property is currently zoned Highway Commercial . Questions on the drainage proposal were raised . Discussion held . Chairman Schmitt asked for comments from the audience . There were none . Colligan/Rockae moved to close the Public Hearing. Motion carried . Chairman Schmitt asked for comments or recommendations from Staff . Staff recommendations were : 1 . ) The name be changed to Hall ' s 1st Addn . , deleting the first two initials . Proceedings of the Planning Commission (excerpt) -2- August 24, 1978 2 . ) No Developers Agreement is needed . 3 . ) A favorable Title Opinion has to be obtained . Discussion was held on the drainage system and the driveway . Perusich/Colligan moved that the Planning Commission recommends approval of PC-184 to waive the moritorium on platting to allow approval of Hall ' s 1st Addn . Motion carried . Colligan/Rockne moved to approve the platting of Hall ' s 1st Addn. with the recommendations given from Staff . Motion carried . Proceedings of the lw Planning Commission (excerpt) -3- August 24, 1978 Colligan/Koehnen moved to open Public Hearing on the request for Conditional Use Permit for new and used truck and auto sales and service operation in a B-5 zone on a triangular piece of property lying West of Highway 169 (not Highway 101 as typed on the agenda) and South of Chicago, St . Paul , Mpls . , and Omaha RR tracks . Motion carried. City Admin. explained the diagram which was presented to the Commission. Proposal is to put a used truck lot into a business zone (B-5) . Conditions to consider: 1 . ) Fencing on the part of the property which does not have a building on it . 2 . ) Require they remove outside storage on eastern part of lot . 3 . ) All storage be fenced in. Attorney Tony Notermann was present representing Steve Hentges , also present , to answer questions for the Commission. Discussfac was kheld as to whether the trailer that is parked there is considered a storage situation. This trailer would have to be moved into a fenced in area . Chairman S --rmitt asked for questions from the Commission. Discussion was held on the fenced in area and parking available for trucks . Chairman Schmitt asked for questions from the audience . There were none . City Admin. suggested that the Building Inspector be contacted about the trailer being used for a storage building. Rockne/Colligan moved to close the Public Hearing . Motion carried . Staff recommends : 1 . ) Renew annually the Conditional Use Permit . 2 . ) At least five (5) on site parking places . Rockne/Colligan moved to approve Conditional Use Permit PC-182 subject to annual renewal and on said property the Conditional Use Permit conform to the parking requirements set up in the current B-5 zone . Motion carried . OUTDOOR WARNING SYSM14 BID OP£'NING August �3t 1478 BID BOND TOTAL TOTAL TOTAL BID BOND BIDDER ENCLOSED PARTS LABOR BID RETURNED neiman Fire Equipment P.O. Box 158 Ashton, Iowa- 51232 Lehn Electric 2114. E_ Maim Street. Anoka, MW 55303 , Attn. Elroy' Lehr Strati Systems- Inc_ -- P.0_ Box 21122 ��'1���ti ��� ��i �77 d"?, St. Paul,. MW 55IZr- Ridgedale- Electric Co. 2t85 Grand: Ave. !_ong Lake-, MN 5535& - ACM: Jerry Wagoner Batzli Electric Co . 1803 So. First St_ Mpls. , MN 55454 ctric Service Co. .q Chicago Ave. ��� SC MN 55404. Fisco Safety & Comm. Corp. ? . '). Box 660 •-hester, MN 55901 -g & Tjepkes Electric )5 W. Highland Drive �( ,� y 3 �/� , C­t) �� �yS rV osville, MN 55337 1978 SEAL COATING BID OPENING AUGUST 31 , 1978 _ BIDDER BID BOND ENCLOSED BID BOND RETURNED TOTAL BID ALLied Blacktop Company 3601--48th Ave. North Mpl s . MN 55429 c� �--p C—u Hi-Way Surfacing, Box 501 Marshall, M* 56258w U'0-a= t CITY OF SHAKOPEE 4� `MAN 129 East First Avenue, Shakopee, Minnesota 55379 ,r s, S MEMO TO: Douglas S . Reeder, City Administrator FROM: Jon Erichson, Assistant City Engineer SUBJECT: 1978 Seal Coating Program DATE: September 5, 1978 On August 31 , 1978, bids were opened for 1978 Seal Coating. Bids were received from Allied Blacktop Company for $19,400 and Hi-Way Surfacing for $30,000. Engineers estimate was for $20,000, so Allied Blacktop was $600 below Engineers estimate . It is my recommendation that the City of Shakopee award the Seal Coat Bid to Allied Blacktop Company for the amount of $19 ,400. JE/jw t Y TENNIS COURTS - JUNIOR HIGH Costs : Unit Unit Quantity Total Price Aggregate Base Class 5 ton $4.00 552 tons $2 , 208 .00 Tennis Court Complete w/ 32" base & IV' a . c . wear- course lump sum 17 ,855 .00 Sodding sq.yds . $2 . 25 610 sq. yd . 1 , 372 . 50 TOTAL PAYMENT $ 21 ,435 . 50 DP/klk MEMO TO: Mayor and Council FROM: Douglas S . Reeder , City Administrator RE: City Administrator ' s Proposed 1979 Budget DATE: September 1 , 1978 I am pleased to present to you the proposed budget for the City of Shakopee for calendar year 1979 . Your department heads and myself have again put together a budget which I feel is one which will allow the City staff to continue to serve the citizens of Shakopee with the same level of services to which they are accustomed . In maintaining the same level of services with the staffing levels I am recommending, we will again be requiring an increase in efficiency and productivity in all departments because of the continued increase in work load in all areas . These work load demand increases are the result of increased demands frcm Shakopee residents and busi- nesses and new and greater requirements of other governmental levels and agencies . This budget again attempts to put the costs of government as directly as possible on those who are directly demanding the services . This is achieved through continued fees and licenses and recommendations for increasing these fees in some areas . During 1979, in concert with the Comprehensive Plannilig Precess , we will devote greater effort at establishing fee structures in the planning, zoning, and building areas which will enable us to recover our costs in these areas from those who are receiving the services . This budget again this year calls for a reduction in the taxes paid by most residential property owners to the City of Shakopee . This is possible because of the continued growth of the City of Shakopee , particularly in the industrial and commercial areas ; because of the increased local government aids provided by the state legislature ; because of the continued provision by the federal government of revenue sharing; because of the continued industry agreement pay- ments ; and finally, because of the continued payments to the City of Shakopee from the Shakopee Public Utility Commission. The most important of these factors is a large increase in the local govern- ment state aids which is due to the new formulas passed by the legislature . These factors have all combined to permit the increase of general fund operating expenditures by approximately 12 .4% and still give a reduction in the mill levy from 20.47 mills to 18. 81 mills . As you are aware these factors listed above are all factors which the City of Shakopee has little or no control over and there- fore this revenue picture could change drastically with the elimination of any of the above revenue sources by a change in the economy or a change by some other governmental unit . City Administrator ' s Proposed 1979 Budget September 1 , 1978 Page -2- In conclusion, you will find the proposed budget to be as tight as in previous years , in the expenditure area while a combination of favorable factors have provided enough revenue to allow a reduction in taxes this year . NEW EXPENDITURES IN 1979 BUDGET not included in 1978 Budget) 1 Police Officer - $13,800 1 Engineer/Planning Secretary - $7 , 200 1 Planning Intern - $5,400 1 CETA Secretary (Police) - $8, 300 1 New zerox for Police Department (rental) - $2,000 All supplies are increased by 5% All utilities are increased by 10% City building maintenance - increased by $2 ,000 EXPENDITURES BUDGETED IN 1978 BUT NOT FULLY SPENT, INCLUDED IN 1979 1 Finance Director 1 City Engineer 1 Park Maintenance man 1 Juvenile Officer EXPENDITURES REQUESTED BY DEPARTMENTS AND NOT RECOMMENDED Extra college summer help in streets Salary increase for Fire Department Ambulance ( $18,000) 1 Engineer Technician 1 Police Officer 1 Truck for building inspector (use Crime Prevention Vehicle) 1 Car for Street superintendent (use police squad) DSR/jsc MEMO TO: Douglas S . Reeder, City Administrator FROM: Fredric E . Christiansen, City Treasurer RE : Transfer of Funds DATE. September 1 , 1978 The City Council should approve the following transfer of funds . These items have already been purchased and paid for . The items are : From Revenue Sharing Fund - Police : Radar, $2 ,685 .00; Squad Car, $5,455 . 31 ; Resuscitation, $450.00; Vacuum Cleaner, $300.00. TOTAL: $8, 890. 31 . Fire : Hose , $2 , 850 .00; Miscellaneous Equipment , $4,659 . 17 . TOTAL: $7 , 509 . 17 . Street : Tail Paver, $1 , 200.00; Truck, sander and blade , $19 , 223 .00; Pavement breaker, $1 , 628 .20. TOTAL: $22 ,051 .20 . Transfer from Revenue Sharing; to General Fund; $38,450.68 . From Park Reserve Fund (Industry Agreement funds) - Admin. & Finance : Desk $281 . 13 Bldg, Insp. : Calculator $95 .00 Assessor: Calculator 287 . 70 Govt . 8ldp . : Remodel 3, 172 .40 Typewriter 725 .00 Carpet 2 , 115 . 30 Shop: Portable Welder 500.00 Purchase of Annex 13,600.00 Park: Fertilizer 896 .60 Eng. : Theodolite 1 .995 .00 Riverside Park 1 ,532 .94 Light Table 267 . 81 Library: Land 500.00 Chair 165 .00 Howard Goltz 2 , 700.00 Transfer from Park Reserve Fund : $28, 833 .88 . Action Required : Motion to approve the transfer of $38,450.68 from the Revenue Sharing Fund to the General Fund and 28,833 .88 from the Park Reserve Fund to the General Fund . FEC :meh MEMO TO: Douglas S . Reeder , City Administrator FROM: Fredric E. Christiansen, City Treasurer RE : Transfer of Funds DATE: September 1 , 1978 As part of the 1978 Sewer Fund Budget, the Council has decided to transfer $17 ,000 from the Sewer Fund to the General Fund to reim- burse the General Fund for the time spent by City crews in maintaining the sanitary sewer system. That transfer should be approved at this meeting. The 'Council has also decided to pay the debt service costs of the Sewage Plant Bonds of 1961 from sewer rates . A transfer of $20,000 from the Sewer Fund to the Debt Service Fund should be approved . Action Required: Motion to approve the transfer of $17 ,000 from the Sewer Fund to the General Fund and $20,000 from the Sewer Fund to the Debt Service Fund . FEC :meh MEMO TO: Douglas S . Reeder, City Administrator FROM: Fredric E. Christiansen, City Treasurer SUBJECT: 1978/79 Tax Levies DATE: September 1 , 1978 The following table shows the 1978/79 tax levies based on current information. The general levy is only an estimate because final figures are not available for local government aid and general fund expenditures . 77/78 Levy 78/79 Levy General Levy 476 , 780 433 ,226 Special Levies : Judgements 1 , 504 11 , 180 Matching Funds 66 , 253 39, 192 Shade Tree 26 ,407 26 ,069 Ind . & Comm. Dev. 44 , 3_40 33 , 327 TOTAL GENERAL FUND 615 , 284 542 ,994 Debt Service : Y. S . Bldg . 100, 310 102 , 935 Imp. of ' 67 20,250 19,850 Imp. of ' 74 185573 18 ,456 ' 77 Imp . "B" - 51 , 893 ' 77 Imp . "C" 18 , 933 18 , 312 Imp . of ' 75 405 405 Cert . of Indebtedness 63 ,000 _ 60, 375__ TOTAL DEBT SERVICE 221 ,471 2725226 TOTAL CITY LEVY 8363755 815 , 220 FEC/klk