HomeMy WebLinkAboutOrdinance - 84-73 - City Code - Chapter 12 - 03/06/1984 PROPOSED ORDINANCE NO. 13-84
ORDINANCE NO. 73-84
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE CHAPTER 12 ENTITLED "SUBDIVISION REGULATION (PLATTING) " BY
CHANGING A PROVISION RELATING TO PROCEDURE FOR FINAL PLAT; CHANGING
MINIMUM SUBDIVISION DESIGN STANDARDS ; CHANGING A PROVISION AS TO
PARKS, PLAYGROUNDS AND PUBLIC OPEN SPACES; CHANGING REQUIRED
IMPROVEMENTS ON THE SITE; AND, BY ADOPTING BY REFERENCE EDEN PRAIRIE
CITY CODE CHAPTER 1 AND SECTION 12.99 WHICH, AMONG OTHER THINGS ,
CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE , MINNESOTA, ORDAINS :
Section 1. Eden Prairie City Code, Section 12.20 entitled j
"Procedure for Final Plat" is amended by changing Subdivision 5 to
read:
Subd. 5. Subsequent to approval by the Council and k
before execution by the City of the final plat (if the final plat
is in such form as to require execution by the City) and delivery T
thereof or delivery of a certified copy of any resolution of the
Council approving a final plat, the subdivider shall, if he has
not previously done so, pay to the City fees for first three year
street lighting (public streets) engineering review and street
signs.
Section 2. Eden Prairie City Code, Section 12.30 entitled
"Minimum Subdivision Design Standards" is hereby amended by changing
Subd. 2 to read :
Subd. 2. The arrangements of all streets shall conform
to the City Plan and provide a continuation of existing and
planned streets within and outside of the proposed subdivision,
provide for a reasonable circulation of traffic and shall be
appropriately located in relation to topography, run-off of storm
water and to proposed uses of the land to be served. Where
adjoining areas are not subdivided, the arrangement of streets
shall make provision for the proper projection of streets into
adjoining areas.
Section 3. Eden Prairie City Code, Section 12.40 entitled
"Parks , Playgrounds and Public Open Spaces" is hereby amended by
changing Subd . 10 to read :
Subd. 10. All improvements including grading, seeding,
planting, landscaping, equiping, and constructing of any struc-
ture to or upon any of the property or other lands to be conveyed `
or dedicated to the City or for which an easement is to be given
to the City for park or other recreational purposes, shall be
completed by subdivider and acceptable to the Director of
Community Services and shall be free and clear of any lien ,
claim, change, or encumbrance, including any for work, labor, or
services rendered in connection therewith or material or equip-
ment supplies therefor. Subdivider shall warrant and guarantee
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the improvements against any defect in materials or workmanship
for a period of two (2) years following completion and acceptance
thereof. In the event of any defect in materials or workmanship
within said two-year period the warranty and guarantee shall be
for a period of three ( 3) years following said completion and
acceptance. Defects in materials or workmanships shall be deter-
mined by the Director of Community Services. Acceptance of
improvements by the Director of Community Services may be subject
to such conditions as he may impose at the time of acceptance.
Subdivider , through his engineer , shall provide for competent
daily inspection during the construction of all improvements.
Prior to final plat approval, or issuance of any building permit,
if no final plat is required, subdivider shall: submit a bond or
letter of credit which guarantees completion of all improvements
within the times provided, upon the conditions, and in accordance
with the terms of this Subdivision, including but not limited to,
a guarantee against defects in materials and workmanship for a
period of two (2) years following completion and the extension of
the period to three (3) years in the event of any defect during
said two-year period, and acceptance of the improvements by the
Director of Community Services. The amount of the bond or letter
of credit shall be 125% of the estimated construction cost of
said improvements, subject to reduction thereof to an amount
equal to 25% of the cost of the improvements after acceptance
thereof by the Director of Community Services. The bond or
letter of credit shall be in such form and contain such other
provisions and terms as may be required by the Director of
Community Services. The subdivider's registered engineer shall
make and submit for approval to the Director of Community
Services a written estimate of the costs of the improvements .
Section 4. Eden Prairie City Code , Section 12.50 entitled
"Required Improvements on the Site" is hereby amended by changing
Subd. 1; Subd. 4, Subparagraph 8; and redesignating Subd. 4, Subpara-
graph C as Subd. 5, to read:
Subd. 1. All sanitary sewer , water main and storm {
sewer facilities, streets, concrete curb, gutters, sidewalks,
sodding, drainage swales and other public utilities K
(improvements") shall be made and constructed on or within the s
subdivided lands or where otherwise required and dedicated to the
City and shall be designed in compliance with City standards by a
registered professional engineer. Plans and specifications shall
be submitted to the City Engineer for approval prior to construc-
tion. All of the improvements shall be completed by the
subdivider and acceptable to the City Engineer and shall be free
and clear of any lien, claim, charge or encumbrance, including
any for work, labor or services rendered in connection therewith
or material or equipment supplied therefor. Subdivider shall
warrant and guarantee the improvements against any defect in
materials or workmanship for a period of two (2) years following
completion and acceptance thereof. In the event of the existence
of any defect in materials or workmanship within said two-year
period the warranty and guarantee shall be for a period of three
(3) years following said completion and acceptance. Defects in
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material or workmanship shall be determined by the City Engineer.
Acceptance of improvements by the City Engineer may be subject to
such reasonable conditions as he may impose at the time of
acceptance. Subdivider, through his engineer, shall provide for
competent daily inspection during the construction of all
improvements. Asbuilt drawings with service and valve ties on
reproduceable mylar shall be delivered to the City Engineer
within 60 days of completion of the improvements together with a
written certification from a registered engineer that all
improvements have been completed, inspected and tested in
accordance with City-approved plans and specifications.
Subd. 4.
B. Submit a bond , letter of credit or cash
deposit ("security") which guarantees completion of all improve-
ments within the times specified by the City Engineer , and in
accordance with the terms of Section 12.50 , Subdivisions 1
through 4. The amount of the security shall be 125% of the
estimated construction cost of said improvements, subject to
reduction thereof to an amount equal to 25% of the cost of the
improvements after acceptance thereof by the City Engineer, and
receipt of asbuilt drawings. The security shall be in such form
and contain such other provisions and terms as may be required by
the City Engineer. The subdivider's registered engineer shall
make and submit for approval to the City Engineer a written
i
estimate of the costs of the improvements.
Subd. 5. With the approval of the Council and in lieu
of the obligations imposed by Subdivisions 1 through 4 above,
subdivider may submit a 100% petition signed by all owners of the
land to be subdivided, requesting the City to install some or all
of the improvements. Upon approval by the Council, the City may
cause said improvements to be made and special assessments for
all costs of said improvements to be levied on the land, except
any land which is of shall be dedicated to the public. Such
special assessment shall be payable over a term of five (5) years
unless otherwise authorized by the Council. Prior to the award
of any contract by the City for the construction of any improve-
ment, subdivider shall have entered into a contract for rough
grading of streets included in the improvement to a finished
subgrade elevation. Subdivider's obligation with respect to the
rough grading work shall be secured by a bond, letter of credit
or such deposit which shall guarantee completion, and payment for
all labor and materials expended in connection with the rough.
grading. The amount of the security shall be 125% of the cost of
such rough grading and shall be in such Form and contain such
further terms as may be required by the City Engineer .
Section 5. Eden Prairie City Code, Chapter 1 entitled "General
Provisions and Definitions Applicable to the Entire City Code Includ-
ing Penalty for Violation" and Section 12.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as
t. though repeated verbatim herein.
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Section 6. This ordinance shall become effective from and after
its passage and publication.
FIRST READ at a reg ular meeting of the Cite Council of the City
of Eden Prairie on the 6th day of March , 19 84 , and
finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the 27th day of March ,
19 84
ATTEST:
C ' Clerk UM or
Published in the Eden Prairie News on the 4th day of Apri 1 ,
19 84
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