HomeMy WebLinkAbout2006 [05] May 22
CITY OF ST. JOSEPH
www.cityofstjoseph.com
St. Joseph Planning Commission
May 22, 2006
7:00 PM
Administrator 1. Call to Order
Judy Weyrens
2. Approve Agenda
Mayor
Richard Carlbom 3. Crescent Hills, Preliminary Plat
Councilors 4. Ordinance Amendments
AI Rassier
Ross Rieke 5. Adjourn
Renee Symanietz
Dale Wick
2.fj College Avenue North. PO Box 668 . Saint. Joseph. Minnesota 'j6-)74
Ph 0 n e ,20. , 6, . 720 I fax )2 0.,6, . 0,42
MEMORANDUM
DATE:
May 18, 2006
TO:
St. Joseph Planning Commission
FROM:
Judy Weyrens
RE:
FYI
Development Issues
At the last meeting we were asked by CSB and the Feedmill to
be placed on the May 21 Agenda. During review of the plans it
was determined they are not ready to move forward. The CSB
project needs a variance and the Feedmill project has many
issues outstanding. As they become complete we will move
them forward.
Collegeville Development
As you may be aware, Collegeville Development Group is in the
process of planning a development on the former Krebsbach site.
The proposed development will also include the Laundromat and
will include retail and living space. I have placed in your packet
as FYI the press release they have prepared.
! Ordinance Review
Previously we discussed meeting on the 23rd to discuss
Ordinance revisions. Since there is only one item on your
agenda if the Planning Commission wishes we can begin
discussing the proposed changes on Monday evening. We do
not have all of them yet but I am forwarding what the attorney
has prepared to date.
I Attachment: Yes or No
REQUEST FOR PLANNING COMMISSION ACTION
Crescent Hills - Preliminary Plat
DATE: May 21, 2006
AGENDA ITEM
Preliminary Plat - Crescent Hills
PREVIOUS ACTION
The Planning Commission conducted a public hearing for the proposed development entitled Crescent
Hills. The hearing included the following actions: .
1. Rezoning - RI, R4
2. PUD Development
3. Preliminary Plat Approval
While the public hearing was closed, approval on the plat was tabled for additional information. At this
time we have received the additional information. For your convenience I have included the minutes
from the public hearing. The attached memo also discusses the progress.
RECOMMENDED PLANNING COMMISSION ACTION
Recommend the Council approve the POO Develop1l,lent Entitled Crescent Hills with underlying zoning
ofRl and R4 and recommend approval of the preliminary plat.
COMMENTS/RECOMMENDATIONS
The developer has met all the design requirements from the last meeting and the plat is ready for
approval.
MEMORANDUM
Date:
May 18, 2006
To:
St. Joseph Planning Commission
From:
Judy Weyrens
Re:
Crescent Hills
ACCESS/TURN LANES
The proposed development includes the construction of 15th Avenue NE. The County has reviewed the
proposed development including the connection of 15th Avenue to CR 133. As part of the construction of
15th Avenue, turn lanes will need to be constructed. The plans have been submitted to accommodate this
requirement. I have attached the email showing the cost split and the cost sharing agreement.
The City already has two agreements with Ted Schmid regarding the construction of 15th Avenue. The
first agreement is the developers agreement which lists the turn lanes as a future improvement and
requires payment of the same. The second is an agreement that requires Lumber One to construct 15th
Avenue no later than September 2008 if the road is not constructed by that time.
If Lumber One does not execute the cost split.agreement, MN Land Development will be required to
carry the cost of the turn lanes and when the second phase of Northland Heights is constructed the future
improvements costs will be collected and reimbursed to MN Land Development. As information,
Northland Heights Phase II requires the extension of utilities from 15th Avenue and the construction of the
roadway. Therefore, the proposed development will provide these improvements.
At the time of writing this memo Ted Schmid has indicated that he will not sign the cost sharing
agreement, as he does not agree with the lot configuration. If this development does not go through Ted
will be responsible for the entire cost of 15th Avenue and the turn lanes.
PUD APPROVAL
At the public hearing the Commission discussed the lot configuration. MN Land Development is
developing the proposed site as a POO. The POO is requesting relief from the front setback on some of
the lots. When reviewing a POO the maximum density allowed is that of the underlying Zoning District.
In the project before the Commission, the underlying zoning district we applied was Rl. The average lot
size exceeds the minimum lots size qualifying the density.
The POO consists of two Zoning Classifications: 1) Rl; 2) R4. The portion of the POO that will be
developed as R4 meets all the requirements of the R4 Zoning district including lot dimensions.
With regard to the Rl portion of the plat, while each lot is not 11,000 square feet the average lot is
11,000. The building setback for all the Rllots is at least 60 feet. The developer is not requesting relief
from any other setback including the sideyard.
Ted Schmid is questioning why he was not allowed to have reduced lots sizes and was told he must
conform to the Ordinances. First, the original concept for Northland Heights included all Rl single
family homes. As such the property could not be developed as a PUD since one requirement iS'mixed
density. The only way that the concept could have been developed was if Ted Schmid applied for 41
variances and granting of variances requires illustration of hardship. When the plat came back before the
Commission it included twin homes allowing the smaller lots.
The two projects are not similar. The Crescent Hill site is a difficult site to develop as one adjoining
property is a salvage yard and the topography is more difficult. We did reject the first plan submitted by
Crescent hills as it contained 130 homes. The plat was reduced to meet the density requirements. The
developer has agreed to establish a tress preservation area throughout the development. If this site is to
develop a PUD must be utilized. The proposed development is similar in lot size to that of Graceview. In
fact, some of Graceview has 53 foot lots.
TRAIL RELOCATION
At the last Public hearing the Planning Commission suggested removing one street and replacing it with a
trail as the street did not serve any purpose. The street has since been removed and a walking easement
has been added. .
HOUSING STYLES
Jeff Richter has provided a display board illustrating the types of homes that will be located in Crescent
Hills. It is available for display in the City Offices and will be brought to the Planning Commission
meeting.
TREE PRESERVATION
A question has arisen regarding the Tree Preservation Ordinance. The Ordinance states:
b) If there are no feasible or prudent alternatives to the cutting of trees on a development site
and if trees are cut, trees should be re-planted to restore the density of trees to that which existed
before development.
We have had this provision reviewed by the City Attorney. The provision does not require every tree that
is removed to be replaced. In the Crescent Hills development, the developer has selected a development
plan that results in the preservation of trees, thus an alternative.to cutting trees downs. As Tim Erkilla
stated at the last Planning Commission meeting, the site could be developed with a typical housing
development, lots 125 x 75 square blocks. However, that type of development will result in the cutting of
the majority of the trees. This can be affirmed by the City Engineer and City Attorney. The developer
has also agreed to provide a tree preservation district to further save trees~ Therefore, the intent of the
Ordinance has been met.
As staff we are recommending that additional trees be planted along the side with the salvage yard to
provide additional screening.
STORM WATER RUNOFF
The Planning Commission discussed the runoff from the homes in block 4 and if the salvage yard would
be negatively affected. The plans have been revised to install gutters onthe back of the homes and push
the water towards the street.
GARAGE FLOOR ELEVATION
All the garage floors will meet the Ordinance requirement not exceeding 36",
~
SEH
MEMORANDUM
TO:
Judy Weyrens, City Adminstrator
FROM:
Tracy Ekola, City Engineer
DATE:
May 13, 2006
RE:
Crescent Hill Revised Preliminary Plat Engineering Review Comments
SEH No. STJOE0608 14
Please find the following engineering review comments for the Revised Crescent Hill Preliminary Plat:
General and Streets
1. Provide agreement for Roadway easement required at the intersection of 15th and 16th Avenue.
2. Provide executed cost share agreement for turn lane costs.
3. Drawings do not show whether there is adequate ROW for the proposed turn lane layout.
Preliminary Plat approval shall be contingent on the developer providing/obtaining the necessary
ROW forthe turn lanes.
4. Turn lane design is subject to Stearns County Highway Department approval.
5. Final pavement section design is subject to City Engineer approval.
6. Street names to be reviewed by City Staff and City Engineer.
Grading, Drainage & Stormwater
7. Per Ordinance 54-16, Subd. 4. m) Lot Pads. The garage floor elevation of all structures shall be a
minimum of 12" and a maximum of 36" above the grade of the crown of the street.
8. Grading/drainage in CSAH 133 ROW is subject to approval by Steams County Highway Dept.
9. Storm water drainage from future roofs and yards on Block 4 will flow toward the salvage yar~
property. Provide additional grading to minimize the extent of the runoff in this direction or
provide roof drains to allow roof runoff from Block 4 to be routed to the street storm sewer. Yard
drainage may be allowed to continue to flow toward the property line as long as runoff does not
exceed predevelopment rates.
10. Provide storm sewer stubs to lots where needed to accommodate proper lot drainage or to
accommodate excessive sump pump discharge.
11. Pond design shall conform to the LocalPond Design Standards from the City's Storm Water
Management Plan. Paved access to ponds shall be provided.
12. The Crescent Hill development will provide additional capacity in the CR133 Regional Pond as
shown on Sheet 4 of 10 and per Hydrology Report.
13. Provide net developable acreage with final plat submittal for storm water development fee and
parkland dedication calculations.
Utility Plans
14. Per the April 3, 2006 letter from Westwood, the Developer shall disclose to purchasers that lots
with elevation greater than 1130' may be subject to low water pressures (as noted in the March
20, 2006 Engineering Review Comments Memorandum).
15 . WAC, SAC, and Trunk Sanitary Sewer Charges (DBL L.S.) will apply to this development.
c: Dick Taufen, Public Works Director
Mitch Anderson, Stearns County Hwy Dept.
Joe Bettendorf, SEH
Ryan Gideon, Westwood
Ron Wasmund, City of St Joseph Building Official
x.:1s Istj oe\060800\corr\m-j weyrensO 51506.doc
Short Ellio'tt Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, 51. Cloud, MN 56302-1717
SEH is an equal opportunity employer I www.sehinc.comI320.229.4300 I 800.572.0617 I 320.229.4301 fax
Page 1 0[2
Judy Weyrens
From: Tracy Ekola [tekola@sehinc.com]
Sent: Monday, May 15, 2006 3:38 PM
To: sdege@rajhan.com
Cc: Judy Weyrens; Barbara A. Zierden
Subject: Fw: turn lanes for Northland hts
See estimated turn lane costs below. We won't have anything more concrete than this until design plans are
completed so this is the only estimate we will have at this time.
Tracy L. Ekola, PE
SEH
1200 25th Avenue South
PO Box 1717
St Cloud, MN 56302-1717
320.229.4406
tekola@sehinc.com
www.sehinc.com
----- Forwarded by Tracy Ekola/seh on 05/15/2006 03:34 PM ----
Tracy Ekolalseh
05/04/2006 06:41 PM
To Judy Weyrens, sdege@rajhan.com
cc Joe Bettendorflseh@seh
Subject turn lanes for Northland hts
Sue and Judy,
Regarding turn lanes for CR133 for Crescent Hill and Northland Hts development
Per the discussion with you and Tom J. an aoreement should be drafted to Lumber One Developrnent Co,__lI,C
that requ ires? (or they agree to) participation in the turn lane cost to be constructed on CR 133 as part of the
Crescent Hill development.
The Northland Hts Developer Agreement 4.1 Future Improvements states that the connection to CR133 and the
turn lanes on CR133 have to be to complete the development by Sept 302008.
It is my understanding that Crescent Hill development will be responsible for the entire cost of 15th Avenue and
utilities as shown on their prelim plat, grading and utility drawings. This will be included in a development
. agreement with Crescent Hills. The turn lane cost will be shared between the Northland Hts and Crescent Hill
development since both developments benefit and need the turn lane improvements. If Northland Hts does not
share the cost, the cost should be bore fully by Crescent Hills. If we do not get a signed agreement from
Northland Hts, we may want to include something in the Crescent Hills development agreement that the city may
not be able to recapture these costs since they wouldn't be part of the assessments for Northland Hts project if
they are done privately. Crescent Hills should not be built without the turn lanes so we can not defer this
construction until later.
The turn lane costs are estimated below:
Construction $45,945
Eng/ContlAdmin/Fiscal $18,378
5/18/2006
Page 2 of2
Total $64,323
This turn lane construction cost estimate was provided by the engineer (Westwood) for MN Land
Development Group and is based on preliminary design preliminary design only.
The cost split would be 50/50 based o"n 70 homes in Northland Hts Phase 2 and 70 homes in Crescent Hill
preliminary plat.
I do not believe we have provided any previous estimates on this. Previous information was that the
Northland Hts development would have to complete the turn lanes (but we didn't provide a cost). I will
also forward Ryan's email- he makes note that there are unknown issues regarding the turn lanes so this
should not be considered a final cost.
Tracy L. Ekola, PE
SEH
1200 25th Avenue South
PO Box 1717
8t Cloud, MN 56302-1717
320.229.4406
tekola@sehinc.com
www.sehinc.com
5/1812006
CONSTRUCTION EASEMENT AND
COST SHARING AGREEMENT
This Agreement is entered into this _ day of May, 2006, by and between the City
of St. Joseph, a Minnesota municipal corporation (hereinafter the "City"), Lumber One
Development Company, LLC., a Minnesota limited liability company (hereinafter "Lumber
One") and Capital Builders, LLC., a Minnesota limited liability company (hereinafter
"Capital Builders").
Recitals:
-I. Lumber One is the Developer of a multi-phase plat for a residential development
known as Northland Heights ("Northland Heights"). .
2. Pursuant to the Developer Agreement with the City dated August _,2005, Lumber
One agreed to construct a connection of 15th Avenue to County, Road 133 (the
"connection") in order to alleviate traffic generated by the Northland Heights. The
connection is to be constructed in conjunction with the development of Phase 2 of the
Development, or by September 30, 2008, whichever occurs first.
3. Capital Builders is the owner of the property designated for the Connection, as well
as additional property.
4. Capital Builders intends to construct a residential development on the _ property
known as Crescent Hill ("Crescent Hill"), with a projected completion date of
, 2006. Crescent Hill also necessitates the construction of the 15th Avenue
Connection before Lumber One's deadline.
5. Capital Builders intends to install sewer and water improvements to serve the
Crescent Hill.
6. Capital Builders desires to construct the 15th Avenue connection as part of the
Crescent Hill.
7. In order to construct 15th Avenue, Capitol Builders will need to obtain temporary
construction easements and temporary right of way easements from Lumber One.
8. Due to the increased traffic that the developments are expected to generate, the
Steams County Highway Department is requiring that a turn lane be constructed on
County Road -133 to serve 15th Avenue coincident with the construction of 15th
Avenue.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS
HEREBY AGREED AS FOLLOWS:
1. Capital Builders agrees to construct the 15th Avenue connection as part of Crescent Hill. The
connection shall consist of bituminous street and concrete curb and gutter with specifications as
approved by the City Engineer. Capital Builders agrees to complete said improvements on or
before , 2006. Final wear course shalL be completed by June 30th of the
following year.
2. Capital Builders agrees to install the following utilities coincident with the connection:
the "Utility Improvements".
3. The parties agree that the improvements constructed by Capital Builders will provide a
substantial benefit to both Northland Heights and Crescent Hill.
4. As consideration for the obligations assumed under this Agreement by Capit::tl Builders,
Lumber One agrees t6 reimburse Capital Builder.s 50% of the cost of the in the turn lane
construction, as follows: 80% upon substantial completion with the remaining 20% due upon
completion of final wear course.
5. As further consideration, Lumber One agrees to grant to Capital Builders, at no additional
cost, temporary right of way easement and temporary construction easement as depicted in the
easement sketch plan attached hereto as Exhibit A.
6. Lumber One shall not be released from its obligation to reimburse the City for the cost to
construct the 15th Avenue Connection until such time as the Utility Improvements and the
connection have been accepted by the City.
7. Assignment. This Agreement may not be assigned by Lumber One or Capital Builders
except upon obtaining the express written consent of the City.
8. This Agreement may not be amended, changed, or modified without the express, written
consent of the parties hereto.
9. Govemedby Minnesota Law. This Agreement shall be interpreted under the laws of the
State of Minnesota.
lO. Representation. Rajkowski Hansmeier Ltd. represents the City with regard to this
Agreement. Lumber One and Capital Builders are hereby advised to seek independent legal
advice prior to execution of this Agreement.
The parties have entered into this Agreement effective as of the date first written above.
CITY OF ST. JOSEPH
(CITY SEAL)
By
Richard Carlbom, Mayor
By
Judy Weyrens, City Administrator/Clerk
CAPITAL BUILDERS, LLC.
LUMBER ONE DEVELOPMENT
COMPANY, LLC.
By
By
Its
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2006,
by Richard Carlbom and Judy Weyrens, the Mayor and City Administrator/Clerk
respectively, of the City of St. Joseph, a Minnesota municipal corporation, on behalf of said
City.
NOTARIAL STAMP OR SEAL (OR
OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC OR
OTHER OFFICIAL
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2006,
by , the of Lumber One
Development Company, LLC., a Minnesota limited liability company on behalf of said
company.
NOTARIAL STAMP OR SEAL (OR
OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC OR
OTHER OFFICIAL
STATE OF MINNESOTA )
) 55.
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2006,
by , the of Capital Builders,
LLC., a Minnesota limited liability company, on behalf of said corporation.
NOTARIAL STAMP OR SEAL (OR
OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC OR
OTHER OFFICIAL
THIS INSTRUMENT WAS DRAFTED BY:
Susan M. Dege - 0290385
Rajkowski Hansmeier Ltd.
11 Seventh Avenue North
P.O. Box 1433
81. Cloud, Minnesota 56302 .
Telephone: (320) 251-1055
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Public HearinQ - MN Land Development Group - PUD/Preliminarv Plat. RezoninQ R1 & R4: Utsch stated
that the purpose of the hearing was to consider rezoning a portion of the property adjacent to CR 133,
abutting Northland Heights as R4, Townhouse-Patio Home Residential, consider a PUD and consider a
preliminary plat for a development to be called Crescent Hill.
The request had been submitted by Minnesota Land Development Group_
Previously, the Developer had indicated that they planned to construct housing styles consistent with the
R4 Zoning District; however, after discussion with the Developer's Engineer, it was discovered that they
were going to construct traditional R1 homes along with the twin homes. The reason for the change was
due to the topography and site conditions of the property. Tim Erkkila, WestWood Professionals, was
present at the meeting to represent MN Land Development Group.
Erkkila gave a brief overview of the project. He stated that it is a wooded area located between the single-
family portion of Northland Heights and the Salvage Yard located along CR 133. Signature Homes plan to
construct two different housing styles, a mix of Townhomes and Single-Family homes. He also mentioned
that they have decreased the number of single-family homes to 70: According to Erkkila, there are no cul-
de-sacs or wetlands in the development. They are looking to have this site considered as a PUD. Erkkila
advised the commissioners that the average lot size is greater than 11,000 square feet. Although the lots
do not meet the required width, they are deeper to make up for the square footage. The extra deep lots
give them an opportunity to preserve more trees. Less than 20% of the homes will be multi-family.
JoeProm, owner of the Salvage Yard approached the commissioners with some questions regarding the
proposed development entitled Crescent Hill. The developer stated that they plan to keep a 50' deep tree
line; however, Prom questioned whether or not there would be any other screening. Ryan Gideon,
Westwood, also approached the commissioners stating that they plan to replant some spruce trees as
well. He stated that there is a lot of topography on this piece of property. Prom also questioned where the
water would go. Erkkila stated that they will have roof gutters on the backs of the houses and then the
water will drain to the storm sewers.
Tom Herzog, property owner adjacent to the Koenig Site approached the commissioners with some
concerns as well. He stated that he is concerned with the water as well as the tree lines and the lot line.
Gideon advised Herzog that currently he has buildings on a portion of the Koenig Property. Most likely, he
stated that the property would be deeded to him. He also mentioned that the water will drain to the
holding ponds along 15th Avenue.
There being no one further wishing to testify the public hearing was closed at 8:15.
City Engineer Tracy Ekola stated that she had sent some comments to Westwood of which some have
been addressed. She then provided the commissioners with some clarification of the outstanding issues.
· Provide turn lanes at intersection of 15th Avenue and CR 133. Turn lane construction shall be
coordinated with Stearns Coun'ty Highway Department. City will work with Northland Heights
Developer during Northland Heights Phase 2 development to provide a cost reimbursement
based on contributing traffic from each development (Northland Heights Phase 2 and Crescent
Hill) for turn lane construction.
Ekola stated that the Developer had met with the County Engineer and they have come to an
agreement. A letter from the Highway Department will be coming.
· Only one ingress/egress to the development (via 15th Avenue) is provided with this subdivision
plan. Additional access willbe provided by September 30, 2008, per the Northland Heights
Development Agreement (to be provided by extending 15th A venue to the north by the Northland
Heights Development Project).
Ekola advised the commissioners that the proposed Hawthorne lane may need to be deleted and
possibly have a walkway easement added.
· The garage floor elevation of all structures shall be a minimum of 12" and a maximum of 36"
above the grade of the crown of the street, which the lot fronts.
According to the Developer's Engineer, Ekola advised the commissioners that there are some
driveways that are in excess of 36". She stated that 2-7 or 8% would be an acceptable grade.
· Grading and drainage in the CSAH 133 ROW shall be coordinated with Stearns County Highway
Department.
Evaluate increased runoff volume and erosion/damage potential on areas downstream. City Pond
Design Standards require volume control for areas where increased volume is more likely to
cause damage downstream. The volume rate in the county ditch is approximately tripled from
existing conditions to proposed design. Downstream conditions should be reviewed with the
Public Works Department, City Engineer, and the County Engineer during final design to ensure
no damage is caused by this increase in volume.
Ekola stated that she would like the developer to have their engineer look at the holding pond
located to the west of CR 133 and the impact of the increased volume on that pond.
· Storm water drainage from future roofs and yards on Block 4 will flow toward the salvage yard
property. Provide additional grading to minimize the extent of the runoff in this direction or provide
roof drains to allow runoff from Block 4 to be routed to the street storm sewer. Yard drainage may
be allowed to continue tof/ow toward the property line as long as runoff does not exceed
predevelopment rates.
Rassier questioned whether or not backyard swales could be used for drainage. Ekola stated that
more trees would need to be taken away to allow for swales.
· Submit preliminary plat to the Sauk River Watershed District.
According to Ekola, this area is in the Sauk River Watershed District and, as a result, she has
asked them to review the plans.
Utsch expressed his concern with the 60' lots. He stated that there are 13 lots under 60' wide and not all
lots meet the required 11,000 square foot. He questioned what size house could be built on a lot 53' wide.
. Deutz mentioned; however, that the minimum lot size for twin homes is 12,000 sq. ft and these lots are
18,000 sq. ft. According to Lesnick, this development has some of the same issues as Northland Heights.
Weyrens agreed; however, she stated that in this case they plan to meet all setback requirements. Erkkila
advised the commissioners that all lots meet the 60' width at the building setback line and the average lot
size is greater than 11,000 sq. ft. According to Erkkila, the house designs have not yet been determined.
Graeve addressed the issue of tree preservation. He stated that this area would best be suited for a park
rather than a development. Erkkila advised the commissioners that they have metwith the Park Board
and the Park Board did not request any land as parkland. Graeve also questioned whether or not they
checked the soil to which Gideon replied they had. He stated that there are a lot of large boulders in the
soil.
The biggest concern for Utsch was the width of the lots. He stated that he does not want to see any lots
narrower than 75', which is required by Ordinance, unless there is going to be affordable housing on
those lots. Lesnick agreed that the lots needed to be larger, as she feels that this will be too congested.
Deutz questioned the lack of a trail system. According to Weyrens, they will pay a park dedication fee as
well as connect to the sidewalk on Iris Lane and Hawthorne as well as possibly creating an access to the
Wobegon Trail in the future. Ekola also added that trail would be required along Honeylocust and
Hawthorne.
The biggest issue seemed to be the width of the single-family lots. Erkkila stated that, since this piece of
property is unique, narrow lots are the only solution to platting the property. Gideon added that changing
the lot widths changes the entire plan. Rassier suggested deleting one lot from each block and adding a
few feet to each lot. With drainage as another issue, Erkkila stated that there may potentially be less
drainage when this property is developed that what currently drains there.
Weyrens stated that the reason that the plan for Crescent Hill is being reviewed is because it does meet
the overall density requirements and they are not requesting any variances for setbacks. She also stated
that to change the trail, MN land Development Group will need to work with lumber One.
Rassier re-stated that he is most concerned with the lot widths being less than 60'. He also stated that he
would like to see the proposed housing styles for this development.
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Northland HeiQhts _ Concept Plan: Weyrens stated that the City Staff has been working with Lumber One
to develop a new housing development entitled Northland Heights. The proposed development will
consist of approximately 169 single-family homes. Originally the developer requested to utilize the PUD
process, but as the project does not include a mixed density, that process cannot be used. At this time
the Planning Commission is being requested to review the concept plan as not all the lots meet the
minimum lot requirements. The Planning Commission must determine if they will consider avariance for
the non-conforming lots and if so, how many lots would be allowed. Based on the submitted plan. 41
variances would be required. Weyrens stated that the purpose of a concept plan is to review the
general lot configuration, transportation network and compliance with the Comprehensive Plan.
Ted Schmid, COO of Lumber One, approached the Planning Commission. Schmid stated that Northland
Heights is a new project for Lumber One and they have tried to design a plat that includes a creative
layout. To accomplish this, the development includes curvilinear roads, varied house styles and use of
the varying topography.
City Engineer Tracy Ekola stated that she has reviewed the proposed development and presented the
following concerns:
. A mandatory EAW is required for 100 unattached units in a sewered area. This plat data
indicates 167 lots.
. The North-South neighborhood collector road must include a dedicated ROW of 80 feet and
must connect to CR 133 meeting 15th Avenue SE.
. A single access point in to the development may be considered if the developer agrees to
construct a second access within 3 years of substantial completion of the first phase.
. A sidewalk plan should be included with the preliminary plat.
Lesnick questioned the Parkland Dedication requirement and if they are planning on donating land or
cash in lieu of land. Weyrens stated that this plan is going to go to the Park Board for review, but she
was of the understanding that the developer would provide cash in lieu of land. Northland Heights is in
the general vicinity of Northland Park negating the need for additional land.
Kalinowski clarified that they would need variances for the smaller lot sizes. Utsch stated that for a
variance to be granted must should be a hardship, which he does not see in this case. As a result, he
cannot support the variance request at this time. Utsch further stated that in the past, the Planning
Commission allowed smaller lots with the intention of those housing being considered affordable housing.
Utsch questioned Schmid as to how many of the smaller lots in the last Northland Addition were sold as
affordable. Schmid stated that in Northland Plat 8, 5 lots were set aside as affordable. Three of the lots
abut an existing resident, who is requesting that those lots remain open space at this time. Two of the
five lots have sold and did meet the requirements of the Lifecycle Housing initiative. Schmid stated that
his experience in St. Joseph indicates a high demand for houses in the price range of $ 135,000 to $
140,000. While he did sell one house for $ 123,000 the property owner finished the basement, raising the
value of the home to $ 179,000.
In reviewing real estate transactions for St. Joseph, he noticed that homes built in Northland on smaller
lots are re-selling at a rapid pace. To him this indicates that people are looking for smaller lots with less
maintenance requirements. Schmid stated that if the City allows the narrow lots, Lumber One will
participate in the Affordable Housing Program. Loso questioned Schmid on the difference in lot prices
based on the narrower lot sizes. Schmid responded that it is about $10,000 difference in price for a
smaller lot.
With regard to connecting the internal network system to 15th Avenue SE, Schmid stated that he cannot
guarantee access. Access cannot be guaranteed as he does not own the property and does not feel he
is required to provide the connection. He stated it is his understanding that he is responsible for assuring
that the connection can happen at some point in the future when the abutting property develops. Schmid
stated that he has provided for five different ingress/egress and does not feel obligated to provide a
complete connection.
Utsch stated that he cannot support the granting of 41 variances at this time, as he does not see the
hardship and the developer has the ability to design a plat with standard 10ts.Utsch also reminded
Schmid that the City has changed the sideyard setback requirements and both side yards require a 10
foot setback. Loso questioned whether or not they have explored the possibility of creating senior
housing in this development. Schmid replied that they have not looked into such as he does not feel the
location is a good place for senior housing.
Graeve questioned Weyrens as to whether or not the City is meeting the intent of the affordable housing
agreement. Weyrens stated that in reviewing the real estate transfers for 2004 St. Joseph is providing
affordable housing. While buyers may not be utilizing the financing mechanism for Affordable Housing,
the selling prices are in the affordable range.
Schmid stated that they have been working with a non-profit organization, which has helped people
finance homes in the Northland area. The biggest problem for first time homebuyers is the down
payment. Utsch stated that it appears as though the City allows for lot variances with the intent that the
lots be placed in the Affordable Housing Program. After the variances are granted it appears as though
the lots are sold with conventional financing, defeating the purpose of the program.
Schmid stated that he has fulfilled his commitment in past developments and will continue to do so.
Utsch stated that without the homes being financed through the Affordable Housing program, the housing
does not stay in the program, reducing the amount of affordable housing in St. Joseph. Graeve stated
that in his opinion affordable housing should remain affordable.and that includes the re-sale of the same.
Rassier stated that he has concern with the amount of wetland in the project area, the need to provide
more than one ingress/egress, and the number of small lots. He too agrees with Utsch and stated that
the developer needs to reduce the number of undersized lots.
Loso questioned whether or not the smaller lots could be mixed in with the larger lots providing for a mix
of homes. Schmid stated that in his opinion it is better to keep them all in a row rather than mixed in so
that there isn't a lower value home in the middle of row of higher value homes.
The Planning Commission requested that the concept plan be revised limiting the number of undersized
lots to 15% of the total development. The developer would be required to complete the variance process
before a final determination is made.
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LUMBER ONE DEVELOPMENT CO., LLC
101 2ND STREET NW
AVON, MN 56310
t\'Je ???????
DRAWN BY.
CHECKED BY: WII..LlAMSON
SUIMY Il'O ?????????
RaIlSIOHS
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JflJ Bonestroo ~;y:t"- JflJ Bonestroo
~ 3721 23RD S1llEET SOU1lf ~ Rosene
II Williamson lEt. ~~s53 "':",""::.6252 II Anderllk&
'Il' Kotsmlth WEB SllE www.honesIroo.com.ll. Associates
COP'tRIGHT c 2004 B't 9ONESTROO WI1JJ.IJ,ISON fCOTSWTH
CLIENT
Sarah Srqith- Larkin
Attoiney.~t Law
RajkowskiIiansmeier Ltd.
320-251-1055
ssmith@rajh:an.cQm ... ... .. .... .. . .'. . ... ...
: Thisi,s a tr,aIlsmission . from Rp.jkowski HansmeierLtd. and may contain information which is
privil~geci,.,confidential, and protected by the attorney-client .o:t;attprneY\'lO,rkproduct
privilE;g,e.s,:Jfyou are not theaddressee,notethat any disclosure, copying,distribution;
or use of'j:he contents of thisrriessage is prohibited. If you have receivedth~s . '. .
t:r:-ansmi~si'on in error, please destroy it and notify my office immediately at our telephone
nurnber(320) 251-1059. "
Sarah L. Smith-Larkin [ssmith@rajhan.com]
Friday, May 05, 2006.3:24 PM
Judy Weyrens
Sarah Bialke; AliciaC. Thieschafer; Sarah L. Smith-Larkin
Junk Car Ordinance ProppsedAmendment
Junk Car Amendmentdoc
Junk Car,
~ndITlent.c1oc {2-;fKE .,.
'Judy:
amendment to the junk car or<;iinance.
1
OLD SECTION 108.3, Subd. 2
Subd. 2: On the premises of a junkyard or a motor vehicle repair business when such
junkyard or business is maintained and/or licensed in accordance with Minnesota law or City
Ordinances and zoning regulations. In the case of a repair business. each motor vehicle must be
actively and consistently worked on and maintained or stored in an area screened from public
view by an appropriate fence.
PROPOSED AMENDMENT
108.3. Subd. 2
"Subd. 2: On the premises of a junkyard or a motor vehicle repair business when such
junkyard or business is maintained and/or licensed in accordance with Minnesota law.. er-City
Ordinances,. aOO-zoning regulations or any vehicle repair business. In the case of a repair
business, each motor vehicle must be under repair and removed within 12 months. The business
owner must provide proof that the vehicle is being repaired. Such proofwill include a parts
order form or verification of application for title. The vehicles must beactivcly and consistently
'vVorked on and maintained or stored in an area screened from public view by an appropriate
fence. Any repair business in operation on or before January 2005 may not have more than four
(4) unlicensed or junk vehicles at anyone time. unscreened from public view."
AMENDMENT TO ORDINANCE 54
SUBDIVISION REGULATIONS RE: LAND DEDICATION FEE
The City Council for the City ofSt. Joseph hereby ordains tllat Ordinance 54.18, Subd. 5, is
amended as follows:
"Subd. 5: Partial Dedication and Partial Payment. The City may elect at its sole discretion
to receive a combination of cash, land, and development of the land for park use. The City shall
determine the square footage of land required to be dedicated pursuant to 54.18, Subd. 3( a).
The land accepted for dedication shall be subtracted from that figure. The subdivider-
developer shall be required to make a cash payment in lieu of dedication for the amount of
land not dedicated to the City. The potential cash doaation generated by the dedicated land
and/ortke value oftke de~lelopment ofland shall be oalculated based OIl the fair market ~;alue of
the land no later than at the time of final appro~."8:l. That amount shall be subtraeted from the cash
contribution required by the Subsection abo';e. "
This amendment is adopted the _ day of
be effective upon publication.
. 2005, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
, 2005
L:\city\stjoe\2005
<:
Sarah L. Smith-Larkin [ssmith@rajhan.com]
Mond?y, May 08, 2006 9:57 AM
JudyWeyrens
Brenda A. Wolbeck; Alicia C. Thieschafer
Firearem Use Ordinance
From: '
Sent:
To:
Cc:
Subject:
Attachments:
~
PROPOSED
ARMS USE ORDINAl
Her.e is proposed ordinance for hunting in the Ci tylimi ts or the use Of bow
and arrows for hunting purposes. This a general ordinatlce..;./iftheCity has maps that
designate hunting areas we'can reference that.
Sarah S~it~ - ~arkin
AttorneyAt taw
RajkowskiHansmeier Ltd.
320-251~T055
ssmith@rajban.com
This is,atransmission from Rajkowski Hansmeier Ltd. and may' contain information which is
privileged., confiderltial,andprotected by the attorney.,..client or attorney work product
privileges. If you are not the addressee, note that any disclosure, copying, distribution,
or use of the contents of this message is prohibited; If you have received th,is
transmission tnerror, please destroy it and notify my office immediately at our telephone
, number (320) 251-1055 . '
-~-~-OriginaIMessage-----
From: Judy Weyrens [mail to: jweyrens@cityofstjoseph. com]
Sent: Saturday, May 06, 200610: 14 AM
TO :SarahL. Smith-Larkin
Supj ect:'RE: Scanned image from Sharp 3rd, Floor Copier
I think what we are looking for ,is hunting in the, City limits or the use of,bowand arrows
for hunting purposes.
Judy
--~r-Original Message-----
Frorri:SarahL~Smith-Larkin [mailto:ssmith@rajhan.com]
Sent: Triciay, May 05, 2006 5:11 PM
To: Judy Weyrens;Sarah Bialke
Cc: AliciaC. Thieschafer; Barbara A. Zierden; SarahL. Smith-Larkin
Subject:FW: Scanned image from Sharp 3rd Floor Copier
Judy:
Attached hereto is a copy of a LMC memorandum addressing the conceal and
it effects cities. A City is not permitted to ban guns from public property, with limited
exceptions. The best course of action would be to implement a personnel policy that all
city employees cannot carry a gun to work. An Ordinance 'would not benefit the, City.
Call after you have had chance to read the article. Thanks.
Sarah Smith ,.-Larkin
Attorney At Law
RajkowskiHansmeier Ltd.
, '32 0-25b-lQS 5
1
AN ORDINANCE REGULATING THE USE OF FIREARMS IN THE CITY OF ST. JOSEPH.
Purpose. It shall be the purpose of this Ordinance to protect the safety and well-being of persons and
property in the City of St. Joseph.
Definitions. The term "firearms" shall mean any device from which a projectile is propelled by, but not
limited to, gunpowder, C02, spring action or air. This definition shall be deemed to include, but not limited
to, shotguns, rifles, pellet/BB guns, pistols, revolvers, slingshots, blow-guns, and bows and arrows.
Use of Firearms.
1. Discharge of Firearms. It shall be unlawful to use, fire, or discharge firearms within the City of St.
Joseph. This use shall not prohibit the discharge of shotguns or the use of bows and arrows with
broad heads (hunting tips) during legally designated hunting seasons with a hunting permit
provided by the City. Shotgun slugs are prohibited. Shotgun hunting shall be permitted on the
designated State of Minnesota Wildlife Reserve parcels only. Bow and arrow hunting shall be
allowed on the designated State of Minnesota Wildlife Reserve parcels. (do we want to add to
this)
2. Possession and Transfer of Firearms. It shall be unlawful for any person to sell, give, lend or in
anyway cause any person under 18 years of age to possess any device as herein described
without a parent or legal guardian present and with permission from said parent or legal guardian.
It shall be unlawful for any person under 18 years of age to possess any device as herein
described anywhere except property described as his/her residence except for the express
purpose of legal hunting and with a hunting permit as required herein.
Hunting Permits. The City Council may issue special hunting permits for hunting or shooting on
undeveloped lands but such permits shall be issued only with written consent of the owners of such
lands. The permits shall be issued at the discretion of (the Councilor the Police?). Appeals may be taken
from his determination to the City Council. All such permits must be issued in writing and in the
possession of the individual issued the permit.
Exemptions Allowed. This Ordinance shall not prohibit the use of firearms bya legally appointed police
. officer or by a member of a duly licensed gun club as hereinafter provided when firing or discharging ? .
firearms on the authorized firing range of the club and within the prescribed hours for shooting. Nothing in
this Ordinance shall be construed to include the use of firearms or any other weapon when done in the
lawful defense of persons, property, family or the necessary enforcement of the law.
Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of not more than $1000.00 or by imprisonment of not more
than 90 days, or both, plus the costs of prosecution in either case.
I note
areas of the ordinanc~.
- SarahBmi th__ Li3.rkin
Attorney At. Law
RajkowSki.H.ansmeier Ltd.
320"-251-1055
ssmlth@rajhan.com . . ._ . _ .. . ... .. .-
This is a.transmission from Rajkowski Hansineier Ltd. and may contain inform2ition which is
privileged, cOTlfidential, and protected by. the attorney'--cliel1.t or attorney work product
privileges .-Ifyou are not the addressee, note that any disclosure, copying,distriblltion,
or use of<t:he.contents of this message is prohibited. If you have received;this
transmission in Elrror, please destroy it arid notify my office immediately at ou.r teleph.one
_number (320) :251-1055. -
.1
~.
MUNICIPAL
DeVELOPMENT GROUP, INC.
DATE:
May 17, 2006
MEMO TO:
Planning Commission, Administrator Weyrens
FROM:
Cynthia Smith-Strack, Municipal Development Group
RE:
Potential Zoning Ordinance Amendments
Request:
The Planning Commission is examining several potential ordinance updates, including the
addition of standards for parcels abutting major transportation corridors and standards relating
to environmental conservation.
Background:
Environmental Corridor Overlay
MDG has prepared sample language for the Planning Commission to consider relating to a
transportation corridor overlay district and environmental conservation standards.
The intent of the transportation corridor overlay district is to enhance the visual appearance and
continuity of development from parcel to parcel within highly visible, high-traffic corridors and to
maintain the long-term function of arterial and collector roadways.
Proposed standards would apply to specific areas adjacent to arterial/commercial roadways i.e.
100 feet from right of way (consistent with zoning requirements for individual lots) except that
Interstate 94 overlay would be 500'.
Proposed standards within the corridor will (a) maintain viewsheds adjacent to roadways
(aesthetic benefit - soften affect of development, protect corridor for possible expansion and
provide for buffering between high traffic and potentially residential areas) and (b) promote
unified lot layout, building design and development scale within the first tier of lots abutting
major transportation thoroughfares as a means of avoiding a build-out scenario which ultimately
results in a haphazard development pattern.
DRAFT standards are attached for review/comment. The EDA has reviewed the draft.
Environmental Conservation
MDG has prepared sample language for the Planning Commission to consider relating to
environmental conservation.
The intent of this language is to promote the 'small town atmosphere' within St. Joseph by
protecting, preserving and enhancing the natural resources and landscapes which have
historically defined the City and region while encouraging a resourceful and prudent approach to
the development and alteration of land.
Proposed design standards would be placed into affect for all new non-administrative
subdivisions and developments requiring a SWPPP under NPDES regulations (typically one
acre or more).
Standards would encourage the protection/conservation of trees, wetlands, steep slopes,
wildlife corridors, flood plains and surface waters. Specific details are contained within the
sample text as are incentives for environmental conservation.
The sample text has been reviewed/approved by Stearns County Environmental Services, the
DNR Area Hydrologist and a DNR Botanist.
The Planning Commission may wish to assemble a list of specialists who could review
proposals specifically related to best methods of protecting environmentally sensitive areas
such as accredited foresters, hydrogeologists, geologists, botanists, shoreland preservation
specialists, flood plain specialists, etc. Similar resource lists are in effect in certain communities
in Stearns County.
DRAFT standards are attached for your review/comment.
Action
No action is required at this time. The attached information is for review and consideration.
SECTION _' ENVIRONMENTAL CONSERVATION.
Subdivision 1: FINDINGS/PURPOSE/INTENT
A. The City finds it is in the best interest of the City to protect, preserve and enhance the
natural resources and environment of the community and to encourage a resourceful
and prudent approach to the development and alteration of land.
B. The City finds areas of significant native vegetation such as hardwood forest
remnants, wetlands, surface waters and wildlife corridors, and other unique and
sensitive natural features within the City are part of the natural ecosystem and of
supreme benefit to the community and region.
C. The City finds that minimization of grading, land instability and vegetation removal on
steep slopes helps to:
1 . Protect the quality of wetlands and water courses below the slope from
increased sedimentation;
2. Protect steep slope plant and animal habitat from disturbance;
3. Preserve the aesthetic quality of the natural terrain.
D. The City finds trees can provide:
1. Character and aesthetic value by buffering different land uses and by
providing visual screening, noise, glare and heat abatement in. transitional
zones.
2. Conservation and enhancement of the City's quality of life and ecological and
aesthetic environment, especially its valuable and rural atmosphere.
3. Important psychological benefits to the persons within the City and
neighborhoods.
4. Essential wildlife habitat.
5. Assistance in the filtering of storm water as it passes through the soil to the
ground water.
6. Stabilization of soil by the prevention of erosion and sedimentation.
7. . Enhanced property value.
8. Protection and preservation of the unique identity and environment of the
City and aid in the development of the economic base attracted to the City by
such factors.
E. In the interest of achieving these objectives, the City has established the natural
resources management measures herein to encourage:
1. Protection and preservation of the city's natural resources;
2. Orderly development of land to minimize tree and land habitat loss;
3. Minimization of the impacts to water bodies, trees and wooded areas
resulting from development during the construction phase and from the
conditions created by its completion;
4. Establishment of standards for water quality and tree preservation and the
mitigation of environmental impacts resulting from tree removal and water
pollutants;
5. Creative land use and environmentally compatible conservation site design
which preserves trees and minimizes tree removal during development; and
6. Enforcement of natural resources management standards to promote and
protect the public health, safety and welfare of the community.
Subdivision 2: APPLICABILITY.
A. This Section shall apply to all non-administrative requests for Subdivision/Plat Approval,
requests for planned unit development plan approval and/or any development requiring a
Storm Water and Pollution Prevention Plan (SWPPP) under National Discharge Pollution
Elimination Standards (NPDES Standards) as setforth within the Federal Clean Water
Act and enforced by the Minnesota Pollution Control Agency
B. The applicant is responsible for submitting required information and identifying said
information on applicable plats/plans.
C. The Applicant is encouraged to consult with the Minnesota Department of Natural
Resources and other environmental specialists in regard to the pursuit of best
management practices for. environmentally significant/sensitive areas including but not
limited to: native prairies, forests/woodlands, rare species, riparian corridors, rock
outcrops and protected waters.
Subdivision 3: DEFINITIONS.
A. Forpurposes of this Section, the following terms shall be defined as stated:
1. Caliper inches shall mean the length of a straight line measured through the
trunk of a tree twelve (12) inches above the ground.
2. Canopy of a tree shall mean the horizontal extension of a tree's branches in
all directions from its trunk.
3. Drip line of a tree shall mean an imaginary vertical line which extends from
the outermost branches of a tree's canopy to the ground.
4. Environmentally significant or sensitive areas shall mean:
a. Those areas identified within Chapter Two of the Comprehensive Plan,
including:
i. Surface Waters and Wetlands.
ii. Stearns County Biological Survey.
b. Those areas identified as significant within the Stearns County Native
Plant Communities and Rare Communities Map which is based on the
Minnesota Department of Natural Resources Biological Survey of
Stearns County. A copy of the Native Plant Communities and Rare
2
Communities Map for Stearns County is available at the Stearns County
Environmental Services Office.
c. River corridors, windbreaks, crop lines or similar linear strips or blocks of
land that form connections between two separate areas of similar habitat
that are a minimum of 100 acres or one mile long OR local/regional
planned future environmental corridors. These corridors allow plants and
animals to disperse and travel from one "island" of suitable habitat to
another. Such corridors shall be identified by orthophotos available at
Stearns County Environmental Services.
d. Rock outcrops or areas of bare exposure of bedrock without soil cover
and regardless of plant association. Rock outcrops may indicate
presence of sensitive soils, rare plants, sensitive hydrological features,
sensitive geological features, and/or unique biotic communities. Rock
outcrops are identified on the Stearns County Biological Survey, a copy
of which is available from Stearns County's Office of Environmental
Services and/or the Minnesota Department of Natural Resources.
6. Natural resources management plan shall mean and consist of required
general information, an erosion and sedimentation control component, tree
preservation component, and drainage and grading component.
7. Replacement tree shall mean a tree meeting the following standards used to
restore significant trees removed from a site. Replacement trees, which are
required for newly platted subdivisions, shall consist of certified nursery
stock as defined by Mn. Statutes and complement the existing plant
community. No more than one-third (1/3) of the replacement trees shall be of
the same species of tree without approval of the City. Box elder, poplar,
willow, and silver maple are not permitted as replacement trees; except that
poplar, willow and silver maple may be permitted in the flood plain.
Replacement trees must be no less than the following sizes: deciduous trees
not less than two (2) caliper inches; coniferous trees not less than six (6) feet
in height. Replacement trees shall be planted in one or more of the following
areas on the land: Restoration areas including steep slopes; outlots or
common areas; buffer zones between different land uses and/or activities;
project entrance areas or any other part of the land except areas dedicated
or conveyed to the City, unless the City consents thereto. No trees shall be
planted within the city's boulevard. Replacement trees may be used to satisfy
part of the landscape requirement, if applicable.
8. Significant tree(s) shall be determined by a qualified forester preapproved by
the City and engaged at the Developer's expense and direction.
9. Slope shall mean the relationship of vertical rise to horizontal run, expressed
as a percentage. Slope analysis/identification shall be submitted with
applications for plat/development/plan review and based on topographic
contours available from the office of Stearns County Environmental Services.
Steep slope areas shall be defined as land areas that have a grade of 12
percent or more and a horizontal run of 50 linear feet or more. Steep slope
areas shall refer to natural grades and shall not include artificial (made by
construction/extraction/etc) grades. Slope calculations shall use the smallest
contour interval for which maps are available preferably two foot contours at
a minimum. Steep slope areas shall be determined irrespective of tract
boundaries.
3
Subdivision 4: GENERAL STANDARDS.
A. In developing and reviewing plans for a property that contains environmentally significant
and/or sensitive area(s) meeting the 'Applicability' standards of this Section (Subdivision
2), the Applicant shall:
1. Plan development and alterations outside of native plant communities and rare
species habitat identified in the Stearns County Biological Survey produced by
the Minnesota Department of Natural Resources and sites of significance as
illustrated on the Stearns County Native Plant Communities and Rare
Communities Map.
2. Maintain viable riparian and wildlife corridors and connections between
environmentally significant and/or sensitive area(s) that are 100 or more acres in
cumulative size and/or gr~ater than one mile in length.
3. To the extent possible keep undeveloped environmentally significant and/or
sensitive area(s) large enough to maximize sustainability and minimize
fragmentation.
4. Maintain a minimum twenty-five (25) foot buffer adjacent to environmentally
significant and/or sensitive areas to help protect the health and viability of such
environmentally significant and/or sensitive area(s). Where other standards are
more restrictive, the most restrictive standard shall prevail.
5. To the extent possible minimize adverse construction impacts on the
environmentally significant and/or sensitive area(s).
6. Encourage property owners (present and future) to consult with the Minnesota
Department of Natural Resources and other environmental specialists in regard
to the pursuit of best management practices for environmentally
significant/sensitive areas including but not limited to: native prairies,
forests/woodlands, rare species, riparian corridors, rock outcrops and protected
waters.
B. Tree preservation and restoration standards.
1. Tree Removal/Restoration - Initial subdivision grading/site development. For
initial subdivision grading/site development, up to thirty-five percent (35%) of
significant trees will be allowed to be removed for the activities listed in a-d
below. If greater than thirty-five percent (35%) of significant trees are removed
due to initial site development, for each significant tree removed two (2)
replacement trees as defined herein shall be installed.
a. Site grading, not to exceed beyond road right-of-way.
b. Utilities installations, including sanitary and storm sewer, water, natural gas,
electric service and cable television.
c. Construction of streets, trails, and sidewalks.
d. Construction/grading or drainage ways and storm detention areas.
e. Developers shall use best faith efforts to design subdivisions that best
minimize removal of significant trees and significant woodlands. The area of
land disturbance and trees to be removed shall be delineated in the natural
resources management plan and are subject to City approval.
4
"
2. Tree Removal - Principal Building Development when meeting the 'Applicability'
standards identified in Subdivision 2 of this Section.
a. Multi-Unit Residential, Commercial and Industrial: Up to fifty percent (50%) of
the significant trees on the land to be developed will be allowed to be
removed for development activities to include initial site development and the
construction of buildings and parking areas. If greater than fifty percent
(50%) of significant trees are removed due to principal building placement,
for each significant tree removed two (2) replacement trees as defined herein
shall be installed on the subject property.
b. Builders shall use best faith efforts to position building(s) in locations that
best minimize removal of significant trees.
3. Measures to protect significant trees and significant woodlands approved as part
of the platting process shall be included in sales information and disseminated to
potential buyers of wooded lots.
4. Prior to any grading, all diseased and hazardous trees and/or invasive vegetative
species on the subject property shall be removed from the property.
5. Any replacement tree which is not alive or healthy, as determined by the City or
which subsequently dies due to construction activity within two (2) years after the
date of project closure, shall be removed by the applicant and replaced with a
new healthy tree meeting the same minimum size requirements within eight (8)
months of removal.
6. Trees or woodlands to be preserved shall be designated as such with posted
signs and/or tagging.
7. Areas beneath the canopy of significant trees to be conserved shall be defined
by the drip line of the tree or group of trees collectively shall be preserved. Within
the preserved area open trenching, grading and the use of heavy equipment are
prohibited, however mowing, clearing, and grubbing of brush located within the
preserved area may be allowed, provided such mowing, clearing or grubbing is
accomplished by hand or by mowers.
C. Forests/Woodlands.
1. Forest and woodland tracts of forty (40) or more acres, particularly examples of
high quality forest ecosystems or rare forest communities, are highly encouraged
for conservation as forest preserves or reserves as they define the unique
historical landscape of the City of Rockville.Forest or woodland areas may be
identified through the use of orthophotographs of the subject property available at
the offices of Stearns County Environmental Services. If different forest
communities exist within the city, such as oak forest, maple basswood forest,
floodplain forest, a minimum of one good example or the best example of each
community type should be preserved in a natural state, however, removal of
invasive vegetative species is allowed/required. The City may permit the
installation of trails within said preserved forest communities.
2. Oak forest or savannah tracts of ten (10) acres or more should be considered for
oak forest or savannah preserves. It is noted oak savannah is a very rare natural
community.
5
3. Wooded floodplains, wooded streams corridors, wooded slopes, and wooded
environmentally fragile areas should be considered for preservation.
4. Trees that provide buffers, such as those separating housing from busy roads or
commercial areas and trees aesthetically important to the community should be
considered for preservation.
5. Particularly large trees should be considered for preservation.
D. Rare Species. The Applicant of any non-administrative subdivision of property or.
residential, commercial and/or industrial development project(s) requiring a Storm Water
and Pollution Prevention Plan (SWPPP) under National Discharge Pollution Elimination
Standards (NPDES Standards) as setforth within the Federal Clean Water Act and
enforced by the Minnesota Pollution Control Agency that is proposed within eight
hundred fifty (850) feet of a rare feature identified on the Natural Heritage Information
System and/or the Stearns County Native Plant Communities and Rare Communities
Map shall provide the City with evidence of consultation with the Minnesota Department
of Natural Resources regarding the promotion of, retaining of and/or enhancement of said
native plant community and/or rare species.
E. Steep Slopes. The following standards apply:
1 . Steep slope areas shall be clearly indicated on all site plans, development plans,
preliminary plats and final plats when the standards of this Section apply.
2. Development shall be designed and constructed in order to minimize disturbance
to the natural landform as much as possible. Alternate site design and
construction measures are encouraged to mitigate the effects of development on
steep slopes.
3. On any parcel proposed for development, no more than 15 percent of the steep
slope area on the parcel shall be graded. For purposes of this calculation, the
land areas of individual steep slope areas on the parcel shall be added together
to establish the total steep slope area for the parcel.
F. Water Quality.
1. All construction, land disturbing activity and development when necessary shall
obtain a National Pollution Discharge Elimination System (NPDES) general storm
water permit from the Minnesota Pollution Control Agency (MPCA)
2. All construction, land disturbing activity and development shall conform to the
County's Storm Water Management Plan.
3. Except as otherwise provided in this Code, the Minnesota Wetland Conservation
statutes and regulations (commonly referred to collectively as the Minnesota
Wetland Conservation Act), as amended through Laws 1996, are hereby
incorporated herein and adopted by reference, including the penalty provisions
thereof.
Subdivision 5: ALLOWANCES FOR PRESERVATION
A. To provide for equitable economic return in consideration of protection and
preservation of environmentally significant/sensitive areas covered by this Section,
6
2. Preservation of an environmental significant/sensitive area through a
conservation easement or land swaps with the parkland dedication to
exclude the square footage that is in the protected area.
3. Other assessment relief.
4. Variance from lot coverage regulations.
5. Waiver of application fees.
6. In commercial and industrial districts, additional incentives include, but are
not limited to, the following:
i. Reduction of the required area for paved parking.
ii. Waiver of standard height restrictions.
iii. Variance from standard setback requirements.
iv. Variance from landscaping requirements.
v. Use of unpaved, dust free parking surfaces.
Subdivision 6: RESOURCE MANAGEMENT PLAN REQUIRED.
Plan required. A Natural Resources Management Plan shall be submitted when the standards of
this Section pursuant to Subdivision 2.
A. Plan approval. Development proposals/site plans encompassing ten or more acres
and all non-administrative (minor) subdivisions shall be submitted to and approved by
the City Council following review and recommendation by the Planning Commission.
Projects of less than ten (10) acres may be approved administratively by city staff,
unless Citystaff or the applicant choose to refer the item to the Planning Commission
and City Council. .
B. Exemptions. The following are exempt from the Natural Resources Management
Plan requirement:
1. That portion of property regulated by any of the following: floodplain
management standards, shoreland management standards and/or activities
regulated by the Wetland Conservation Act.
2. Projects that have received preliminary or final plat approval or building
permit issuance prior to the effective date of this Ordinance.
3. Public maintenance and improvement projects.
4. Stormwater retention, groundwater recharge and discharge, groundwater
monitoring, water purification, nutrient retentio.n and removal, and pollution
7
control facilities that have been approved for installation by county, state
and/or federal regulatory agencies.
5. Customary dredging and channel maintenance of existing drainage facilities.
6: Activities associated with the repair, maintenance, or replacement of
highways, roads, trails, bridges, pipeline and utility lines and the like within
existing rights-of-way.
7. Temporary emergency procedures necessary for the safety or protection of
property.
8. Single utility poles required to provide service to the local area.
9. Ongoing customary agricultural operations.
10. Unplatted property that is two acres or less in size, in its entirety, that is
occupied by a single family residential dwelling unit prior to the effective date
of this ordinance.
C. Contents of Natural Resources Management Plan. All Natural Resources
Management Plans shall include the following:
1. Delineation of the subject property and the location of existing and proposed
buildings, structures and impervious surfaces on the subject property.
2. Description of the construction or land disturbing activity to be performed on
subject property and proposed project schedule.
3. Identification of all water bodies located on or adjacent to subject property
boundary.
4. Slopes of greater than twelve (12) percent that are fifty (50) linear feet or
more in length (irrespective of property boundaries).
5. The location of other potentially constraining elements such as wetlands,
watercourses, intermittent streams and 1 DO-year flood plains, and existing or
proposed rights-of-way and easements.
6. The location and extent of features such as woodlands, tree lines, prairies,
wildlife habitat, open and/or active fields or meadows, watershed divides and
drainage ways, fences or stone walls, rock outcrops, and existing structures,
roads, tracks and trails.
7. An aerial photo depicting site design/layout.
8. The identification of areas of native vegetation and or rare species as
illustrated in the Stearns County Biological Survey developed by the
Minnesota Department of Natural Resources and sites of significance as
illustrated on the Stearns County Native Plant Communities and Rare
Communities Map.
9. An accurate inventory of significant trees on the subject property, including
identification of the species and location of each significant tree.
8
10. The location and size of all existing and proposed sanitary sewer, water or
storm sewer facilities.
11. Delineation of all areas to be graded or excavated, and the limits of land
disturbing activities.
12. Identification of the extent of exoticlinvasive vegetative species.
13. Identification of significant trees: to be preserved; to be removed or lost as a
result of the land disturbing activity and those proposed to be replaced and/or
installed.
14. Any applicant conducting land disturbing activity that disturbs one or more
acres of total land area shall cause to be issued a National Pollution
Discharge Elimination System (NPDES) general storm water permit from the
Minnesota Pollution Control Agency (MPCA). The property owner shall
submit to the city an approved copy of the erosion and sedimentation control
plan as required for the NPDES by the MPCA.
Subdivision 7: VARIANCE. A variance to the requirements of this Section shall be processed
under the Administrative Standards for Variances as defined in Section of this Ordinance.
9
Sample transportation corridor overlay standards
TRANSPORTATION CORRIDOR OVERLAY DISTRICT
SITE AND DESIGN STANDARDS.
Subd. 1. Intent.
A. This district is intended to protect and promote the health, safety and general welfare of
the public; to enhance the visual appearance of the corridor; to protect and promote the
appearance, character and economic values along the corridor and the surrounding
neighborhoods.
B. This district is furthermore intended to maintain the long-term function of arterial and
collector roadways; to limit access and the number of conflict points; to promote vehicular
circulation; and to promote prevention ot reduction of traffic congestion and danger in the
public streets.
Subd.2. Scope.
A. The Transportation Corridor Overlay District shall be defined as follows:
1) CSAH 75 Corridor:
a. West of South Fork of Watab River: areas within 100 feet from the nearest
edge ofthe CSAH 75 right of way.
b. CSAH 75 West of 20th Avenue: areas within 100 feet from the nearest edge
of the CSAH 75 right of way.
2) 20th Avenue Corridor:
a. South of CSAH 75: areas within 100 feet from the nearest edge of the 20th
Avenue right of way.
b. North of CSAH 75: areas within 100 feet from the nearest edge of the 20th
Avenue right of way.
3) CSAH 2 Corridor: West of 4th Avenue NW: areas within 100 feet from the
nearest edge of the CSAH 2 right of way.
4) CSAH 3 Corridor:
a. South of CSAH 75: areas within 100 feet from the nearest edge of the CSAH
3 right of way.
b. North of CSAH 75: areas within 100 feet from the nearest edge of the CSAH
3 right of way.
5) Future arterials/major collector streets: areas within 100 feet from the nearest
edge of the right of way.
6) 1-94 Corridor: 500 feet from the nearest edge of the 1-94 right of way.
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Sample transportation corridor overlay standards
Subd. 3. Exemptions.
Existing single and two-family residential uses shall not be subject to the standards of the
transportation corridor overlay district. However, at such time that a single or two family
residential use is to be converted to another use, demolished/reconstructed or a incorporated in a
new or revised residential subdivision it will be subject to the standards of the transportation
corridor overlay district.
Subd. 4. Uses Allowed.
Permitted, conditional, interim and accessory uses allowed within the transportation corridor
overlay district shall be the same uses those allowed in the applicable underlying zoning
district(s).
Subd. 5. Setbacks, site coverage, building height, building requirements contained within the
applicable underlying zoning district shall apply. In addition the following standards shall be
observed. All buildings shall maintain a minimum setback of forty (40) feet from the road right-of-
way limit, except that parcels adjacent to Interstate 94 wherein all buildings shall maintain a
setback of 75 feet from the road right-of-way. Corner lots shall maintain two front setbacks.
Subd.6. Parking Standards. The following standards shall be in addition to those required within
Section _ of this ordinance relating to off-street parking and loading. Where standards conflict
the most restrictive standard shall apply.
A. Parking areas shall be designed and located so as to have minimal visual impact along
transportation corridors. Therefore, all parking areas shall be constructed in the rear or
side yards, unless specifically permitted in the front yard by the Planning Commission.
When permitted in the front yard, additional landscaping and buffering may be required
by the Planning Commission to minimize visual impact. All parking lots shall maintain a
minimum setback of forty (40) feet from the road right-of-way, except that parcels
adjacent to Interstate 94 shall maintain a setback of 50 feet from the road right of way.
Lots with rear-yards abutting transportation corridors shall accommodate parking in side
and/or front yards as allowed in the underlying zoning classification.
B. Where a development application covers land located adjacent to an existing parking lot
u~ed for similar purposes, a vehicular connection between the parking lots shall be
provided wherever possible. For development applications adjacent to vacant properties,
the site shall be designed and constructed to provide for a future connection.
C. Parking lot landscaping. All development sites shall landscape an area equivalent to
fifteen (15) percent of the total area of the required parking lot. Said required
landscaping shall be employed within the subject parking lot and adjacent to walkways
within and leading to/from the subject parking lot.
Subd. 7. Sign Standards. The following standards shall be in addition to those required within
Section _ of this ordinance relating to signs. Where standards conflict the most restrictive
standard shall apply.
A. Free-standing signs shall not be placed nearer than twenty (20) feet from the nearest
edge of the transportation corridor right-of-way.
B. Free-standing signs within the required landscaped greenway shall be designed in a
manner complementary to the landscaped greenway.
C. Free-standing identification signs shall have a low-profile design not more than eight (8)
feet in height and shall be designed to complement and reflect the architecture of the
building.
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Sample transportation corridor overlay standards
Subd. 8. Site Design Standards.
A. Viewsheds.
1) Viewsheds shall be defined as the area between two separate locations wherein an
uninterrupted view of each point is maintained. The viewshed in the transportation
corridor overlay district shall at a minimum correspond to a forty (40) foot landscaped
greenway as measured from the nearest edge of the applicable right of way. The
landscaped greenway shall oomplement and be consistent with adjacent landscaped
greenways. (MAY WISH TO BE MORE SPECIFIC REGARDING PLANTlNGS WITHIN)
2) Residential developments adjacent to arterials/major collectors shall employ'
landscaping features that reduce the visual and auditory intrusion of the
transportation corridor on the character of the residential 'area but also relate to
adjacent viewsheds.
3) Street tree landscaping. Parcels abuttingCSAH 2 west of 4th Avenue NW shall install
street trees and ornamental lighting in accordance with a unified plan for the corridor
as directed by the Planning Commission.
4) Parcels abutting Interstate 94 shall retain a 40 foot natural (not manicured) area to
soften the affect of development adjacent to the Interstate.
5) Viewsheds shall be considered in all development proposal applications within the
transportation corridor overlay district.
6) Development shall be designed to minimize the visual intrusion of all buildings,
structures and impervious surfaces (excluding sidewalks/trails) in the viewshed.
B. Outside storage/display of goods. Outside storage or display of goods except automotive
and similar large item sales shall be completely screened from the view of the corridor
roadway by the employment of a vegetative buffer. This standard is in addition to those
required within the underlying zoning classification and Section _ of this ordinance
relating to outdoor storage. Where standards conflict the most restrictive standard shall
apply.
C. Utilities. Utility lines, including electric, cable and telephone, to serve the development
project shall be installed underground. All junction and access boxes shall be screened.
All utility pad fixtures, meter boxes, etc. shall be shown on the site plan and integrated
with the architectural elements of the site. In redeveloping areas within the transportation
corridor overlay placement of utility lines underground is required unless physically
impossible.
D. Fences.
1) This standard is in addition to those in Section _ of this ordinance relating to
fencing. Where standards conflict the most restrictive standard shall apply.
2) Fences exceeding four (4) feet in height shall be located in the side and rear yards
only, except if a rear yard abuts the transportation corridor wherein fencing shall only
be allowed in the side yard.
3) Chain link fences, including those with slats are prohibited when visible from the
public right-of-way.
MDG, Inc.
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Sample transportation corridor overlay standards
4) No fence shall be permitted in the front yard, except that those provided to enhance
the visual appearance of the site/landscaping plan may be allowed provided they do
not exceed two feet in height and are of a reasonable linear length.
E. Mechanical equipment. Mechanical equipment shall be shielded and screened from the
public view and designed to be perceived as an integral part of the building.
Subd.9. Building Layout/Design.
A. Integrated development. All buildings within the property shall be developed as a
cohesive entity, ensuring that building placement, architectural treatment, vehicular and
pedestrian circulation and other development elements work together functionally and
aesthetically. Architectural treatment shall be designed so that all building facades of the
same building (whether front, side, or rear) that are visible from the public right-of-way,
shall consist of similar architectural treatment in terms of materials, quality, appearance
and detail.
B. Clustering. Buildings shall be clustered together to preserve natural and landscape open
areas along the transportation corridor. Buildings shall be arranged in a manner that
creates well-defined open space that is viewable from the traveled portion of the corridor.
C. Architectural Appearance/Scale.
1) New buildings shall have generally complex exterior forms, including design
components such as windows, doors, and changes in roof and fagade orientation.
Large flat expanses of featureless exterior wall shall be avoided. The treatment of
buildings shall include vertical architectural treatment at least every 25-30 feet to
break down the scale of the building into smaller components. .
2) Orientation. Building facades and entrances should be oriented in a manner toward
the primary means of vehicular access.
3) Scale and proportion. New construction should relate to the dominant proportions of
buildings and streetscape in the immediate area. The ratio of height to width and the
ratio of mass (building) to void (openings) should be balanced.
4) Architectural details shall continue on all facades visible from the public right-of-way.
5) Any facade with a blank wall shall be screened with vegetative treatments and/or the
installation faux architectural treatments (e.g. fenestrations) so as to break up the
mass and bulk of the fagade in a manner fitting the intent of this section.
D. Materials. Building materials shall be typical of those prevalent in commercial areas,
including, but not limited to, stucco, brick, architectural block, decorative masonry, non-
reflective glass and similar materials. Architectural metal may be used for a portion of
fagades facing public rights of way but shall not be the dominant material employed with
windows and doors being excluded from this calculation.
E. Color. The permanent color of building materials (to be left unpainted) shall resemble
earthen tones prevalent in nature. Showy and striking colors shall be avoided.
F. Lighting:
MDG, Inc.
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Sample transportation corridor overlay standards
1) All outdoor lighting fixtures shall be down-directed, with light trespass not to exceed
0.5 foot-candles at the property line.
2) All island canopy ceiling fixtures shall be recessed.
3) Whenever possible commercial lighting should be reduced in volume/intensity when
said commercial facilities are not open for business.
Subd. 10. Vegetative Screening/Buffers.
A. This standard is in addition to those in Section _ of this ordinance relating to
landscaping. Where standards conflict the most restrictive standard shall apply.
B. Any required vegetative/planting screen shall be designed, planted and maintained in
accordance with a landscaping plan approved by the Zoning Administrator.
C. The planting screen shall provide an effective buffer between the area to be screened
and the adjoining roadway or commercial/industrial development. .
D. The planting screen may be comprised of previously existing vegetation (provided that
the majority of such existing vegetation is trees), new plantings or any combination of
existing vegetation and new plantings. When complete, the vegetation and plantings
shall provide a dense year-round screen satisfying the purpose and intent of this.section.
E. The planting screen may consist of a mixture of deciduous and evergreen trees and/or
shrubs or a planting of evergreen trees and/or shrubs.
F. The planting screen shall be subject to on-site inspection by the City which, if necessary,
may prescribe that additional plantings be made in order to satisfy the standards set out
herein.
G. The property owner shall maintain vegetative/planting screening in accordance with the
approved landscaping plan and to abide by requirements for any additional plantings.
H. Vegetative buffering. In all instances where commercial and/or multi- family residential
districts are adjacent to single-family residential districts, and in all instances where
commercial districts are adjacent to multi-family residential districts, there shall be
established within the commercial and/or multi-family district, as applicable, a screened
yard of vegetative buffering between the districts. The arrangement and spacing of the
vegetative buffer shall be provided in such a manner as to effectively screen the activities
of the subject lot. It shall generally be provided along the property line, unless
topographic or other considerations would make it more effective if located back from the
property line.
MDG, Inc.
Page 5
.' . '. .". . .'
. - -. .
Sarah L. Smith-Larkin [Ssmith@rajhan.c'om]
Friday, May 05, 20062:53pM
Judy Weyrens " ,
, Alicia C., Thieschafer;BarbaraAZierden; Sarah Bialke;Sarah' L.Smith~La*ilJ '"
Parking Ordinance
PARKING Ordinances,doc
Attachedl:1er,ei::o is a re-drafted Parking ordina,nce.
ord1-I1.ancethatwill address all aspects
sections of,tl;le: St. Joe code. Should,we ad.opt
be incorporated and
redacted--'
Give me a shout if you have questions.
Sarah Smith ,Larkin
Attorn~yAt Law
RajkowskiHansnieier Ltd.
320~251:.,.1055
ssmith0rajl1a,n;, com
This iSp.,transmission from Rajkowski HansmeierLtd.andmay contain informa.tionwhichis
privileged,> confidential, and protected bytheattorney...,client or, attorneywork'product:
p:rivilegEes . If you are not the addressee, note that any disclosure,copying,d.i;stribution,
.6ruse o.f the contents of this message is prohibited. If you have received this
transmission in error, please destroy it and notify my office immediately at.,o,ur
nu,rnbe;r: (320) 251-1055.
1
ORDINANCE 84 - GENERAL PARKING ORDINANCE
Section 84.01: Intent. The intent ofthis section of the zoning ordinance is to establish
standards for parking in the City of St. Joseph. The regulations provided herein shall apply
equally to all districts except where provided otherwise.
Section 84.02: DEFINITIONS. As used in this ordinance the following terms shall
mean:
Subd. 1: Semi Trailer. Every vehicle without mode of power designed for carrying
persons or property and for being drawn by vehicle and so constructed that some part of its
weight and some part of its load rests upon or is carried by another vehicle.
Subd.2: Trailer. Every vehicle without mode of power designed for carrying persons or
property and for being drawn by a motor vehicle and so constructed that no part of its weight
rests upon another towing vehicle.
Subd.3: Truck. Every motor vehicle designed, used or maintained primarily for the
transportation of persons and property.
Subd.4: Truck Tractor. Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than a part of the weight of the
vehicle and load so drawn.
Subd. 5: Street or Highway. The entire width between the boundary lines of any way or
place when any part thereof is open to the use of the public as a matter of right or purpose of
vehicular traffic.
Subd.6: Residents District. All that territory defined as either single family or
residential or multiple residential district in the zoning ordinance for the City of St. Joseph.
Subd.7: Trailer Home and/or Mobile Home. Shall mean and include any structure used
for sleeping, living, business or storage purposes, which is or has been equipped with wheels for
the transportation thereof from place to place, and the fact that the wheels have been removed
therefrom or a foundation of whatever nature, placed thereunder shall not exclude it therefrom,
excepting a device used exclusively upon a railroad track operated by a railroad company.
Subd. 8: Person. Shall include the singular and the plural, and shall mean and include
any individual, corporation, partnership, or other association of persons.
Subd.9: Residential Area. Shall mean any area not zoned "industrial" and any area not
specifically designated as a "trailer park" or "mobile home park".
Subd. 10: Owner. A person owning a legal interest in a "trailer home" or "mobile
home", or a tenant, bailee, user or custodian thereof, or any person entitled to possession thereof.
1
Subd. 11: Trailer Park and/or Mobile Home Park. Shall mean a designated area
specially designed and constructed as a mobile home or a mobile trailer facility, licensed by the
State of Minnesota, and approved by the City of St. Joseph.
Section 84.03: GENERAL PARKING.
Subd. 1: Angle parking shall be required on such streets as shall be designated by
appropriate resolution of the City Council. On any such street, every vehicle parked shall park
with the front ofthe vehicle facing the curb or edge ofthe traveled portion ofthe street at an
angle of approximately 45 degrees and shall face the curb between the painted or other markings
on the curb of the street indicating the parking space. All such streets shall be marked by
appropriate signs indicating that angle parking is required. On all other streets, parallel parking
shall be required according to state law heretofore adopted by reference.
Subd 2: No vehicle shall in any case be parked upon the street, boulevard, or alley in any
one place for a longer continuous period of twenty- four (24) hours. Vehicles must be moved at
least one (1) block. Any vehicle which is moved less than one (1) block shall be deemed to have
remained stationary in violation of this subdivision. It is unlawful to remove any mark made by a
Police Officer for determining the length of time a vehicle, trailer or other object remained
parked.
Section 84.04: SPECIAL REGULATIONS IN CONGESTED DISTRICT.
Subd. 1: It is hereby established that the district known as a congested district within
which the rules set forth in this section shall be enforced. The congested district shall include the
following streets: All of Minnesota Street, all of Ash Street between Second Avenue West and
Second Avenue East, all of College Avenue lying southerly of County Road 75, all of First
Avenue East lying southerly of County Road 75; all of First Avenue West lying southerly of
County Road 75, all of Second Avenue West, all of Third Avenue West, and all ofthe alleys in
the Original Townsite of the City ofSt. Joseph.
Subd. 2: The City Council by resolution may establish "no truck parking" zones in the
congested district and shall mark by appropriate signs any zones so established. No person shall
park a commercial vehicle of more than one ton capacity on any street in any "no parking zone",
for parking of such vehicles for a period of not more than 30 minutes may be permitted in such
zone by the Chief of Police for the pl.lrpose of having access to abutting property when such
access cannot be conveniently secured from an alley or from a side street where truck parking is
not restricted.
Subd. 3: The City Council by resolution may designate certain blocks within the city as 5
minute, 30 minute, 1 hour, 2 hour, 8 hour and permit only limited parking zones and shall mark
by appropriate signs any zones so established. No person shall park any vehicle in any limited
parking zone between the hours of 8:00 a.m. and 9:00 p.m. of any weekday for a period longer
than specified on signs marking that zone, or without the appropriate permit for >permit only=
zones.
2
Subd. 4: No person in charge of a motor vehicle, whether as owner or otherwise, shall
park or be permittedto stand upon any street or highway in the congested district for more than
30 minutes between the hours of 2:00 a.m. and 6:00 a.m. unless otherwise designated by
appropriate signs.
Subd. 5: Upon application and payment of any applicable permit fees, the City
Clerk! Administrator may issue a permit to park in permit only limited parking zones. All
information requested in an application form prepared by the Clerk! Administrator shall be
provided. Failure to provide information shall be considered grounds for denial of the permit.
No more than five permits shall be issued per parking space. Each permit shall be valid fora
period of one year from the date of issuance and shall be nontransferable. The City Council
may, by resolution, establish permit fees in accordance with Section 14.4.
Section 84.05: SNOW SEASON PARKING.
Subd. 1: There shall be no parking on any City street from November 1 to April 1 during
the hours of2:00 o'clock A.M. and 7:00 o'clock A.M.
Subd.2: Any vehicles parked in violation of Section 84.03.1, which interfere with the
plowing or removal of snow, are subject to immediate towing at the owner's expense.
Section 84.06: OBSTRUCTION OF PRIVATE DRIVE.
Subd. 1: No vehicle shall be parked in a manner obstructing a private driveway or
private roadway, or on a private driveway or private roadway, without the express or clearly
implied consent of the owner of the private driveway or private roadway.
Subd.2: For purposes of this Ordinance, a vehicle is "obstructing" a driveway or
roadway if the location of the parked vehicle:
a) Blocks the driveway or roadway from use by other vehicles.
b) Significantly hinders or slows other vehicles attempting t6 pass the parked
vehicle.
c) Forces other vehicles to leave the main traveled portion ofthe driveway or
roadway to pass the parked vehicle.
Subd.3: Vehicles parked in violation of this section are subject to immediate towing at
the owner's expense.
3
Section 84.07: PARKlNG OF SEMrTRAILERS, TRAILERS, TRUCKS AND TRUCK
TRACTORS.
Subd. 1: Declaration of Nuisance. The parking of the following vehicles in an area of
the City zoned R-1, R-2, R-3, or R-4 is found to create a nuisance and detrimental influence upon
the public health, safety, prosperity, good order and general welfare of such district by
obstructing the view of streets and of private properties, bringing unhealthful and annoying odors
and materials into the residential neighborhoods, creating cluttered and otherwise unsightly
areas,. preventing the full use of residential streets, residential parking, introducing commercial
advertising signs into areas where commercial advertising signs are otherwise prohibited, and
otherwise adversely affecting residential property values in the neighborhood patterns.. It shall
be unlawful for any person owning, driving or in charge ofa semi trailer, to park the same in a
zoned district R-1, R-2, R-3, or R-4 nor within 100 feet of any residence for more than 60
minutes. It shall also be unlawful for any person owning, driving, or in charge of a truck with a
refrigeration unit running to park the same in a zoned district R-l, R-2, R-3, or R-4 or within 200
feet of any residence for more than 60 minutes. It shall also be unlawful for any person owning,
driving or in charge of a truck tractor to park the same in a zoned district R-1, R-2, R-3, or R-4 or
within 200 feet of any residence for more than 60 minutes.
Subd. 2: Cattle Truck Parking. It shall be unlawful to leave standing upon any street or
public alley in the City of St. Joseph, any cattle truck or vehicle regularly used for transporting
livestock for a period exceeding one hour.
Subd. 3: Restrictions Cumulative. The restrictions of this Ordinance relating to the
parking of trucks are not to be construed as exclusive, but rather as in addition to the parking
restrictions which apply to all motor vehicles generally, as provided by herein or by state law.
Section 84.08: OFF STREET PARKlNG
Subd. 1: Intent. The intent of this section of the zoning ordinance is to establish general
standards for off-street parking. The regulations provided herein shall apply equally to all
districts except where special provisions provide otherwise.
Subd. 2: Scope of Parking and Loading Requirements.
a) In all zoning districts, off-street parking facilities for the storage of motor vehicles
for the use of occupants, employees and patrons of the buildings or structures
hereafter erected, altered or extended after the effective date of this Ordinance
shall be provided and maintained as herein prescribed.
Subd.3: General Parking Provisions.
4
a) Loading space shall not be construed as supplying off-street parking space.
Minimum parking dimensions shall meet the requirements of Section 52.10,
Subd. 5K.
b) When units or measurements used in determining the number of required parking
spaces result in requirement of a fractional space, that fractional space shall be
rounded up to the next highest whole number.
c) Whenever a use requiring off-street parking is increased in floor area, and such
use is located in a building existing on or before the effective date of this
Ordinance, additional parking space for the additional floor area shall be provided
and maintained in amounts hereafter specified for that use.
d) For thepurpose of this section, "Floor Area," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or intended to be
used for services to the public as customers, patrons, clients or patients as tenants,
including areas occupied for fixtures and equipment used for display or sale of
merchandise, less ten (10) percent.
e) Off-street parking facilities for dwelling shall be provided and located on the
same lot or parcel of land as the building they are intended to serve.
f) When off-street parking is required, it shall be designated for that purpose and the
individual parking stalls appropriately striped.
g) Where a use is not specifically mentioned, off-street parking requirements shall be
the same as for similar use.
h) Nothing in this section shall be construed to prevent collective provisions of
off-street parking facilities for two (2) or more buildings or uses provided,
collectively, such facilities shall not be less than the sum of the requirements for
the various individual uses computed separately in accordance with the table, and
Subdivision 4 below, said buildings or uses are within 350 feet of the parking
area.
i) Nothing in this section shall prevent the extension of, or an addition to a building
or structure into an existing parking area which is required for the original
building or structure when the same amount of space taken by the extension or
addition is provided by an enlargement of the existing parking area.
j) No curb cut access shall be located less than twenty (20) feet from the intersection
of two (2) or more street right-of-ways for residential uses, and thirty (30) feet for
commercial and industrial areas. This distance shall be measured from the
intersection of lot lines.
k) Curb cut openings shall be a minimum of five (5) feet from the side property line.
5
1) All properties shall be entitled to at least one (1) curb cut. Single-family uses
shall be limited to one (1) curb cut access per property measuring no more than 24
feet in width.
Subd. 4: Required Off-Street Parking. The amount of required off-street parking space
for new uses or buildings, additions thereto and additions to existing buildings as specified
previously, shall be determined in accordance with the following table, and the space so required
and shall be irrevocably reserved for such use, except these requirements shall not apply to uses
in existing buildings within the Central Business District ofSt. Joseph. The amount of required
off-street parking in the Central Business District for existing or new uses and improvements to
existing buildings which do not increase the area used for commercial or residential/rental use
shall be determined by the Planning Commission with approval by the City Council prior to the
issuance of a building permit. The amount of parking space required shall be based on the
anticipated demand for parking and loading space, the length of visits generated by the particular
business, and the availability of other parking spaces in the Central Business District. The
Central Business District shall be located within the following boundaries: Properties lying to the
West of First Avenue Northeast; lying East of Second Avenue Northwest; lying North of
Minnesota Street; and lying South of the east/west alley which is between Minnesota Street and
Ash Street. The lots within the Central Business District are: Lots 4,5, and 11 through 15 of
Block 10; Lots 7 through 12 ofBlock9, and Lots 7 through 12 of Block 4, all in the Original
Townsite ofSt. Joseph.
a) Single family. two family non-rental residential units. Two (2) spaces per unit.
b) Boarding house. rooming house. bed and breakfast. multiple family dwellings and
rental residential dwellings. One and one-half (1 2) spaces for each single-
bedroom dwelling, two and one-half (2 2) spaces for each two-bedroom dwelling,
four (4) spaces for each three-bedroom dwelling, and an additional 1.25 spaces for
each additional bedroom within the dwelling. Any bedroom larger than. 140
square feet shall be considered as two bedrooms for the purpose of determining
the total number of bedrooms within a dwelling. Fractional numbers shall be
rounded up to the next highest whole number.
c) Motels. motor hotels. hotels. One (1) space per each rental unit and one (1) space
for each employee on any shift.
d) Church. theater. auditorium. At least one (1) parking space for each four (4) seats
based on the design capacity of the main assembly hall.
e) Hospitals. Three (3) spaces per each bed.
f) Medical. chiropractic. dental or hospital out-patient clinics. One (1) space for
each one hundred ten (110) square feet of net floor area or seven (7) spaces per
doctor, whichever number of parking spaces is greater.
6
g) Long Term Care Facilities, Assisted Living Centers, Rest Homes and Retirement
Homes. One (1) space for each two (2) beds for which accommodations are
offered and one (1) for each employee on any shift.
h) Elderly (senior citizen) housing. One (1) space per unit.
i) Drive-in restaurant and convenience food. At least one (1) parking space for each
thirty-five (35) square feet of gross floor area, but not less than fifteen (15)
spaces.
j) Office buildings and professional offices, other than medical, chiropractic, dental
or hospital out-patient clinics. One (1) space for each two hundred fifty (250)
square feet of floor area.
k) Bowling alley. At least five (5) parking spaces for each alley, plus additional
spaces as may be required herein for related uses contained within the principal
structure.
1) Automotive Service Station. At least four (4) off-street parking spaces plus two
(2) off-street parking spaces for each service stall. Those facilities designed for
sale of other items than strictly automotive products, parts and/or service shall be
required to provide additional parking in compliance with other applicable
sections of this Ordinance.
m) . Retail store and service establishment. At least one (1) off-street parking space
for each three hundred (300) square feet of floor area.
n) Retail sales and service business with fifty (50) percent of gross floor area
devoted to storage, warehouses and/or industry. One (1) space for each three
hundred (300) square feet devoted to public sales and/or service plus one (1)
space for each one thousand (1,000) square feet of storage area or one (1) space
for each employee on the maximum shift which is appropriate.
0) Restaurants and cafes. At least one (1) space for each four (4) seats used by
patrons, plus one (1) space for each employee on the maximum shift.
p) Private clubs serving food and/or drinks, bars, taverns, nightclubs. At least one
(1) space for each fifty (50) square feet of gross floor area.
q) Funeral home and Mortuary establishments. At least twenty (20) parking spaces
for each chapel or parlor, plus one (1) parking space for each funeral vehicle
maintained on the premises.
r) Manufacturing, fabricating or processing of a product or material, warehouse,
storage, handling or bulk goods, post offices. At least eight (8) spaces, plus one
(1) space for each two (2) employees on each shift based on maximum planned
7
employment or at a minimum one (1) space for each five hundred (500) square
feet of floor area.
s) Car wash. (In addition to required stacking space.)
1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking
purposes plus one (1) space for each employee on the maximum shift.
2. Self-service. Three (3) spaces per bay for stacking purposes, plus a
minimum of two (2) additional spaces.
Subd. 5: Parking Lot Standards. In all districts where off-street parking lots are
permitted or required such off-street parking shall be constructed and maintained subject to the
following regulations:
a) These standards shall not be applicable to parking provided for single family or
two family residences, public parks or other publicly owned property. Parking lot
standards for industrial uses may be subject to variance or modification by the
conditional use permit for the specific industrial use. In considering a request for
variance or modification, the City shall consider the location of the property, size
of the parking area, use of the parking area, adjacent property uses and the impact
on the general well being of the community. Alternative surfaces which may be
permitted in an industrial area are limited to Class 2 crushed granite which
conforms to the requirements of MN/DOT specification 3138 with visual
evidence of further consolidation.
b) Parking lots existing on or before January 1, 1996, do not have to be brought into
compliance with these standards until such time as any of the following events
occur. (a) a new structure is constructed on the property served by the parking
lot; (b) an addition is constructed to any existing structure located on the property
served by the parking lot; (c) A change in use ofthe property served by the
parking lot occurs which results in a remodeling of the structure requiring the
issuance of a building permit.
c) Adequate ingress and egress shall be provided.
d) Such parking lots shall be constructed and maintained in a useable condition, with
a hard surface consisting of concrete, bituminous, pavement or paver stone
designed to drain and dispose of surface water. Recycled bituminous or concrete
shall be prohibited except as permitted in an industrial area by special use permit
or vanance.
e) Whenever such parking lot boundary adjoins property zoned for residential use, a
setback of fifteen (15) feet from said lot line shall be required, and maintained.
8
f) Necessary curbs or other protection against damages to adjoining properties,
streets and sidewalks shall be provided and maintained.
g) Plans for the construction of any such parking lot must be approved by the
Planning Commission before construction is started. No such land shall be used
for parking until approved by the Planning Commission.
h) No sign shall be so located as to restrict the sight, orderly operation and traffic
movement within any parking area. Only signs necessary for the orderly
operation of traffic movement or parking regulation shall be permitted in any
parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall
not be considered part ofthe permitted advertising space and shall be subject to
signage regulations.
i) All parking lots shall be screened and landscaped from abutting residential uses or
districts by a wall, fence or densely-planted cOPlpact hedge or tree cover not less
than four (4) feet nor more than eight (8) feet in height.
j) Except in the case of single-family, two-family, and townhouse developments,
parking areas shall be designed so that circulation between parking aisles or
driveways occurs within the designated parking lot and does not depend upon a
public street or alley and such design does not require backing onto the public
street.
k) Except in the cases of single-family, two-family and townhouse developments,
parking lot dimensions are set forth in the table below. Circulation patterns shall
allow adequate room for emergency vehicles.
Angle and Standard Depth Depth to Aisle WalVwall Interlock
traffic flow stall width to wall interlock width module Module
90 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0
60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0
75 degl-way 9' 18.5' 17.5' 22' 59' 57.0
60 deg I-way 9' 18.0' 16.5' 18' 54' 51.0
Special designs will be considered for unique situations, and are subject
to approval of the City Engineer. Handicap stalls shall be provided in
accordance with current ADA requirements. Where bumpers overhang
sidewalks, allow 2.5 feet of clearance for the overhang before considering
useable sidewalk width.
1) Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent
and all parking lots except those for less than four (4) vehicles shall be graded
according to a drainage plan which has been approved by the City Engineer.
Catch basins, sumps and underground storm sewers may be required.
9
m) Striping. All lots for five (5) or more vehicles shall have the organization of
spaces painted on the surface according to the plan approved by the City.
n) Circulation. Lots shall be so designed that internal circulation shall be available
without utilizing the public street. .
0) Maintenance. It shall be the responsibility of the lessee and/or owner of the
principal use, uses or building to maintain in a neat and adequate manner, the
parking area, striping, landscaping and screening.
p) Lighting. All lighting used to illuminate an off-street parking area shall be shaded
or diffused so as to reflect the light away from the adjoining property and away
from abutting traffic flow.
Subd. 6: Required Loading Berths. In connection with any structure which is to be
erected or substantially altered and which requires the receipt or distribution of materials or
merchandise by trucks or similar vehicles, with a gross floor area of five thousand (5,000) square
feet or more, there shall be off-street loading provided on the basis of the following:
Gross Floor Area
square feet
5,000 to 16,000
16,000 to 40,000
40,000 to 70,000
70,000 to 100,000
each additional 40,000
Minimum required
loading berths
1
2
3
4
1 additional
Loading space required under this Section shall be at least fifty (50) feet long and ten (10) feet
wide~
Section 84.09. PARKING. LOCATION AND USE OF TRAILER HOUSES AND
MOBILE HOMES
Subd. 1: PROHIBITIONS.
It shall be unlawful for any person to park, or to permit the parking of any trailer house or
mobile home owned by him or under his control on any street, alley, or other public place or in
any residential area, as above defined, within the City, except that the parking of only one
unoccupied trailer house in an accessory private garage building or in the rear yard of any
privately owned yard is hereby permitted provided no living quarters be maintained, or any
business practiced at said trailer while such trailer is so parked or stored.
Subd. 2: LICENSING REQUIRED.
The owners of all trailer houses or mobile homes shall be required to pay the current
Minnesota State License fee or tax each year.
10
Section 84.10. PUBLIC PARK PARKING
Subd. 1: MOTOR VEHICLE USE. All vehicles, whether motorized or non-motorized,
shall be restricted to their designated parking areas. In those parks where roadways extend into
and through the parks, no vehicles shall drive at a speed in excess of five miles per hour. All
persons must operate their vehicles in a safe and reasonable manner. No vehicles are to extend
beyond the roadway or parking areas. For purposes of this section, three wheel and four wheel
all terrain vehicles are to be considered motor vehicles.
Section 84.11: AUTHORITY TO REMOVE VEHICLES PARKED IN VIOLATION
OF THIS ORDINANCE.
Subd. 1: Any vehicle found parking in violation of this ordinance or the laws of the State
of Minnesota, is hereby declared to be a nuisance and may be similarly abated by, or under the
direction or at the request of a police officer by removing and impounding the vehiCle by means
of towing or otherwise, and shall be surrendered to the duly identified owner thereof or his agent
upon the payment of fees hereinafter provided.
Subd. 2: A towing charge in connection with the impounding of any vehicle shall exceed
the amount agreed upon in any current contract between the City ofSt. Joseph and the duly
q.esignated garage owner, a true and correct copy of which shall be on file in the officeofthe
City Clerk! Administrator for public inspection and reference, and the scheduled charges of the
current contract is hereby made a part of this chapter as fully and to the same effect as if set forth
herein verbatim. In addition to the towing charges, an administrative fee of Five Dollars ($5)
shall also be charged to the owner of any vehicle found to be in violation of this ordinance.
Subd. 3: Before the owner or his agent may be permitted to remove the vehicle
impounded pursuant to this section, he must furnish satisfactory evidence of his identity and
ownership of the vehicle and he must pay the fees for towing and storage of the vehicle as set
forth in the contract between the City and the garage, plus the administrative charge hereinbefore
set forth, and he shall sign a written receipt for the vehicle. It shall be unlawful for any person to
reclaim the vehicle so impounded without first paying all of the towing and storage fees provided
herein. The garage owner shall not release any vehicle designated as a police "hold" without oral
release thereof from the Chief of Police or his authorized representative.
Section 84.12: OWNER'S RESPONSIBILITY. Where any motor vehicle is found
parked contrary to any provisions of these ordinances, that act is hereby declared to be the act of
the registered owner as well as the act of the person actually parking the vehicle.
Section 84.13: REGISTERED OWNER. For purposes of this ordinance, the registered
owner is defined to include motor vehicle rental or leasing agencies and corporate owners. It
shall be a defense to any violation if the registered owner shows that on the date ofthe offense
title to the vehicle has been transferred to another.
11
Section 85.14: SEPARABILITY. Every section, provision or part of this Ordinance is
declared separable from every other section, provision or part, and if any section, provision or
part thereof shall be declared invalid, this shall not affect any other section, provision or part.
Section 53.15: PENALTY. Any person who violates or fails to comply with the
provisions ofthis Ordinance shall be guilty of a misdemeanor.
12
- .. ,
Sarah L'Srnith-Larkin[ssmitl1@raji1an.c:om]
'Friday, May 05; 2006 4:015 PM . .
JudyWeyrens ............ ..... .... .... '. . .' . ..........
Sarah L Smith-Larkin;SarahBialke; AliciaC. Thieschafer; BarbaraAZiElrden
Amendment to sign ordinance . .' . .' .'
S\.fp(i.-6:Directional signs.
LDirect*On.a.l.signs shall not
Fre~s1;:ancli.ngdirectional signs shall not extend more than tEm(lO) feet above the.
eJ,.evationofthe adj acent. street or elevation of th~ average finished grbuDqiele.vi3.f:L6n
a). on. 9. t....he............B....i......d.. .e....... .6.ft.he. bui.lding. fa..c.ingthe.....s.t. ree.t,w.hicrie. v.e.r:i. Shl.'g. .h.er.,. ....... .'.'....'.'....... ......... ......... .
2;' No directional sign shall be located on or over a public r::ight-of~way.with()0tapproval
oftheappropriategoverIlllient entity. .... . ..... .... .'
3'iTheheight.of all directional signs shall not, exceed ten
themin,iT(lumfrontyard setback.
4. .' 'l'he'~i':Q~ctional' sign. shall not include advertising information
exceptioIlof<alogo not exceeding 25%.of the face of the sign.
Sarah Sm. . ith- Larkin
- - . .
Attornei'~1-\t LClW.. .
'.. RajkowskiHi3.nSro:~ier ,Ltd.
320~251:;l055 ,
..... ssml....t...h....@r...a...b.'.h.a.n..._c.om.......... ..' . . .' ............................ .... . .......................
This,.i.sa;-.transmission from Rajkowski HaIlsmeier Ltd. arid may. iGontaininforrn.a~ipn'whiC:llis
.?riv~lE2geqrc:onfidential, apd protected by the .attorney-client:orattorneyw9rk'prpduct
privilege~;:Tf you are not the addressee, note that any disclostire,copying,,'di~tI'ibutiori,
:or>use. art..he contents of this message is prohibited. If you have receivedj:his: .' ....... '.'
tra,!1<;ro-iss.ioninerror, please destroy it and notify my of:Uceimmediate1y atour.telephone
n}lhiber (329)251-1055. .' .
J
City of St. Joseph
ORDINANCE NO.
SECTION 1. WHEREAS: The City of St. Joseph is authorized to enact interim ordinances
pursuant to Minnesota Statutes Section 462.355 Subd.4, and:
WHEREAS: The City of St. Joseph currently has no building, construction or zoning regulations
concerning the construction, use and maintenance of outdoor wood fired boilers, and;
WHEREAS: The City of St. Joseph, through studIes and reviews, wishes to determine whether
the use of outdoor wood boilers is safe and appropriate in urban settings, and;
WHEREAS: Until such determination is made, it is appropriate to enact a moratorium on the
installation of such outdoor wood boilers, NOW, THEREFORE:
THE CITY OF ST JOSEPH ORDAINS:
SECTION 2. Chapter 51 ofthe St. Joseph City Code, Entitled "Building Land Use &
Regulation" is hereby amended by the addition of interim Section 51.08 entitled "Accessory
Boilers" to read as follows:
Section 51.08. Accessorv Boilers
A. An "Accessory Boiler" is defined as an accessory structure or an addition to the
exterior of an existing structure which contains a firebox and is designed to heat a structure or
provide hot water through conveyance of heated fluids or gasses.
B.
Joseph.
No Accessory Boiler shall be permitted in any zoning district in the City of St.
C. This interim ordinance shall be governed by the provisions of Minnesota Statutes
Section 482.355 Subd. 4 and shall expire one year from the date of its enactment.
SECTION 3. This ordinance shall be in full force and effect, seven (7) days after its passage
and with its publication.
Adopted by the City County of the City ofSt. Joseph, Minnesota, this _ day of _,2006 by
the following vote:
WEIGHT RESTRICTIONS
The Minnesota Statute that governs weight restrictions is M.S.A. .~ 169.87. Under this statute all
roads by default are as follow~:
Seasonal load restriction. Except for portland cement concrete roads, between the dates set by
the commissioner oftransportation each yeat, the weight on any single axle shall not exceed five
tons on a county highway, town road, or city street that has not been restricted. The gross weight
on consecutive axles shall not exceed the gross weight allowed in sections 169.822 to 169.829
multiplied bya factor of five divided by nine. This reduction shall not apply to the gross vehicle
weight.
School bus and Head Start bus. Weight restrictions do not apply to a school bus or Head Start
bus transporting students, Head Start children, or Head Start parents when the gross weight on a
single axle of the school bus or Head Start bus does not exceed 14,000 pounds; provided that,
road authorities may restrict any highway under their jurisdiction to a lesser axle weight by
written order to school boards and Head Start grantees 24 hours in advance of required
compliance with such reduced axle weight.
Vehicle transporting milk. Until June 1,2007, a weight restriction imposed by the
commissioner oftransportation or a local road authority, does not apply to a vehicle transporting
milk from the point of production to the point of first processing if, at the time the weight
restriction is exceeded, the vehicle is carrying milk loaded at only one point of production. This
subdivision does not authorize a vehicle described in this subdivision to exceed a weight
restriction of five tons per axle by more than two tons per axle.
Utility vehicles. Weight restrictions imposed by the commissioner do not apply to a two-axle or
three-axle utility vehicle that does not exceed a weight of 20,000 pounds per single axle and
36,000 pounds gross vehicle weight for a two-axle vehicle or 48,000 pounds gross vehicle
weight for a three-axle vehicle, if the vehicle is owned by:
(1) a public utility as defined in section 216B.02;
(2) a municipality or municipal utility that operates the vehicle for its municipal electric, gas, or
water system; or
(3) a cooperative electric association organized under chapter 308A.
(b) The exemption in this subdivision applies only when the vehicle is performing service
restoration or other work necessary to prevent an imminent loss of service.
Recycling and garbage vehicles. Weight restrictions imposed do not apply to a vehicle that
does not exceed 20,000 pounds per single axle and is designed and used exclusively for
recycling, while engaged in recycling in a political subdivision that mandates curbside recycling
pickup. Weight restrictions imposed do not apply to a vehicle that does not exceed 14,000
pounds per single axle and is used exclusively for recycling as described in paragraph (a), or (2)
a vehicle that does not exceed 14,000 pounds per single axle and is designed and used .
exclusively for collecting mixed municipal solid waste, as defined in section 11SA.03,
subdivision 21, while engaged in such collection. Notwithstanding said exception a violation of
weight restrictions imposed by a vehicle designed and used exclusively for recycling while
engaged in recycling in apolitical subdivision that mandates curbside recycling pickup while
engaged in such collection, or by a vehicle that is designed and used exclusively for collecting
mixed municipal solid waste as defined in section 115A.03, subdivision 21, while engaged in
such collection, is not subject to criminal penalties but is subject to a civil penalty for excess
weight under section 169.871.
Should the City of St. Joseph like to change these weight restriction, the statute allows for this if
such road, by reason of deterioration, rain, snow, or other climatic conditions, will be seriously
damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights
thereof reduced.
If we enact this change the City must erect and maintain signs plainly indicating the prohibition
or restriction at each end of that portion of any highway affected thereby, and the prohibition or
restriction shall not be effective unless and until such signs are erected and maintained.
If the City of S1. Joseph would like to prohibit trucks or commercial vehicle on City roads, they
can do this by ordinance or may impose limitations as to the weight on designated highways if
signs are posted as noted above. The city must petition the commissioner to establish a truck
route for travel into, through, or out of the territory under its jurisdiction. The commissioner wilJ
investigate the matter and ifthe operation of trucks into, through, or out ofthe territory involves
unusual hazards because of any or all of the following factors; load carried, type of truck used, or
topographic or weather conditions, the commissioner may, by order, designate certain highways
under the commissioner's jurisdiction as truck routes into, through, or out of such territory. When
these highways have been marked as truck routes pursuant to the order, trucks traveling into,
through, or out of the territory shall comply with the order.
169.87. Seasonal load restriction; route designation
Winter increase amounts. The limitations provided in sections 169.822 to 169.829 are
increased by ten percent between the dates set by the commissioner for each zone established by
the commissioner based on a freezing index model each winter.
In summary, we can change the weight restriction in the City on designated roads if we post
signs at the edge of each of the road. Let me know if you choose to do this and wewill amend
the current ordinance to reflect this change.
Right-of- W ay Ordinance
City of St. Joseph, Stearns County, Minnesota
Chapter 82 of the St. Joseph's Code of Ordinances is hereby repealed in its entirety, and is
replaced by the following new Chapter 82, to read as follows:
Chapter 1
Right-of- W ay Management
See. 1.01. Findings, Purpose, and Intent.
To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its
streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a
state of good repair and free from unnecessary encumbrances.
Accordingly, the city hereby enacts this new chapter of this code relating to right-of-way permits
and administration. This chapter imposes reasonable regulation on the placement and
maintenance of facilities and equipment currently within its rights-of-way or to be placed therein
at some future time. It is intended to complement the regulatory roles of state and federal
agencies. Under this chapter, persons excavating and obstructing the rights-of-way will bear
financial responsibility for their work. Finally, this chapter provides for recovery of out-of-
pocket and projected costs from persons using the public rights-of-way.
This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially
codified in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086
. (the "Act") and the other laws governing applicable rights ofthe city and users of the right-of-
way. This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050 -
7819.9950 where possible. To the extent any provision of this chapter cannot be interpreted
consistently with the Minnesota Rules, Minnesota Rules, that interpretation most consistent with
the Act and other applicable statutory and case law is intended. This chapter shall not be
interpreted to limit the regulatory and police powers of the city to adopt and enforce general
ordinances necessary to protect the health, safety and welfare of the public.
See. 1.02. Election to Manage the Public Rights-of-Way
Pursuant to the authority granted to the city under state and federal statutory, administrative and
common law, the city hereby elects, pursuant Minn. Stat. 237.163 subd. 2(b), to manage rights-
of-way within its jurisdiction.
See. 1.03. Definitions.
The following definitions apply in this chapter ofthis code. References hereafter to "sections"
are, unless otherwise specified, references to sections in this chapter. Defined terms remain
defined terms, whether or not capitalized.
"Abandoned Facility" means a facility no longer in service or physically disconnected
from a portion ofthe operating facility, or from any other facility, that is in use or still
carries service. A facility is not abandoned unless declared so by the right-of-way user.
"Applicant" means any person requesting permission to excavate or obstruct a right-of-
way.
"City" means the city of St. Joseph, Minnesota. For purposes of section 1.28, "city"
means its elected officials, officers, employees and agents.
"Commission" means the State Public Utilities Commission.
"Congested Right-of-Way" means a crowded condition in the subsurface of the public
right-of-way that occurs when the maximum lateral spacing between existing
underground facilities does not allow for construction of new underground facilities
without using hand digging to expose the existing lateral facilities in conformance with
Minnesota Statutes, section 216D.04. subdivision 3, over a continuous length in excess of
500 feet.
"Construction Performance Bond" means any of the following forms of security provided
at permittee's option:
A. Individual project bond;
B. Cash deposit;
C. Security ofa form listed or approved under Minn. Stat. Sec. 15.73, subd. 3;
D. Letter of Credit, in a form acceptable to the city;
E. Self-insurance, in a form acceptable to the city;
F. A blanket bond for projects within the city, or other form of construction bond,
fora time
specified and in a form acceptable to the city.
"Degradation" means a decrease in the useful life of the right-of-way caused by
excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such
right-of-way earlier than would be required ifthe excavation or disturbance did not occur.
"Degradation Cost" subject to Minnesota Rules 7819.1100 means the cost to achieve a
level of restoration, as determined by the city at the time the permit is issued, not to
exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules
parts 7819.9900 to 7819.9950.
"Degradation Fee" means the estimated fee established at the time of permitting by the
city to recover costs associated with the decrease in the useful life of the right-of-way
caused by the excavation, and which equals the degradation cost.
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"Department" means the department of public works of the city.
"Department Inspector" means any person authorized by the city to carry out inspections
related to the provisions of this chapter.
"Public Works Superintendent" means the superintendent of the department of public
works of the city, or her or his designee.
"Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration as established by permit.
"Emergency" means a condition that (1) poses a danger to life or health, or of a
significant loss of property; or (2) requires immediate repair or replacement of facilities
in order to restore service to a customer.
"Equipment" means any tangible asset used to install, repair, or maintain facilities in any
right-of-way.
"Excavate" means to dig into or in any way remove or physically disturb or penetrate any
part of a right-of-way.
"Excavation permit" means the permit which, pursuant to this chapter, must be obtained
before a person may excavate in a right-of-way. An Excavation permit allows the holder
to excavate that pact ofthe right-of-way described in such permit. Persons who are under
contract with the City, or with a developer who has an executed developer agreement
with the City, to construct public improvements that the City will take over and own at
the completion of the project, are not required to obtain a permit under the terms of this
ordinance unless they are working in the public right-of-way outside of the proj ect
construction limits.
"Excavation permit fee" means money paid to the city by an applicant to cover the costs
as provided in Section 1.12.
Facility" or "Facilities" means any tangible asset in the right-of-way required to provide
Utility Service.
"Five-year project plan" shows projects adopted by the city for construction within the
next five years.
"High Density Corridor" means a designated portion of the public right-of-way within
which telecommunications right-of-way users having multiple and competing facilities
may he required to build and install facilities in a common conduit system or other
common structure.
"Hole" means an excavation in the pavement, with the excavation having a length less
3
than the width ofthe pavement.
"Local Representative" means a local person or persons, or designee of such person or
persons, authorized by a registrant to accept service and to make decisions for that
registrant regarding all matters within the scope ofthis chapter.
"Management Costs" means the actual costs the city incurs in managing its rights-of-way,
including such costs, if incurred, as those associated with registering applicants; issuing,
processing, and verifying right-of-way permit applications; inspecting job sites and
restoration projects; maintaining, supporting, protecting, or moving user facilities during
fight-of-way work; determining the adequacy of fight-of-way restoration; restoring work
inadequately performed after providing notice and the opportunity to correct the work;
and revoking right-of-way permits. Management costs do not include payment by a
telecommunications right-of-way user for the use ofthe right-of-way, the fees and cost of
litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123;
Minnesota Statutes Sections 237.162 or 237.163; or any ordinance enacted under those
sections, or the city fees and costs related to appeals taken pursuant to Section 1.30 of this
chapter.
"Obstruct" means to place any tangible object in a right-of-way so as to hinder free and
open passage over that or any part ofthe right-of-way.
"Objection Permit" means the permit which, pursuant to this chapter, must be obtained
. before a person may obstruct a right-of-way, allowing the holder to hinder free and open
passage over the specified portion ofthat right-of-way, for the duration specified therein.
"Obstruction Permit Fee" means money paid to the city by a permittee to cover the costs
as provided in Section 1.12
Patch" or "Patching" means a method of pavement replacement that is temporary in
nature. A patch consists of (1) the compaction of the subbase and aggregate base, and(2)
the replacement, in kind, ofthe existing pavement for a minimum of two feet beyond the
edges of the excavation in all directions. A patch is considered full restoration only when
the pavement is included in the city's five-year Capital hnprovement Program.
"Pavement" means any type of improved surface that is within the public right-of-way
and that is paved or otherwise constructed with bituminous, concrete, aggregate, or
gravel.
"Permit" has the meaning given "right-of-way permit" in Minnesota Statutes, section
237.162.
"Permittee" means any person to whom a permit to excavate or obstruct a right-of-way
has been granted by the city under this chapter.
"Person" means an individual or entity subject to the laws and rules of this state, however
4
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit, and whether natural, corporate, or political
"Registrant" means any person who (1) has or seeks to have its equipment or facilities
located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use,
the right-of-way or place its facilities or equipment in the right-of-way.
"Restore" or "Restoration" means the process by which an excavated right-of-way and
surrounding area, including pavement and foundation, is returned to the same condition
and life expectancy that existed before excavation..
"Restoration Cost" means the amount of money paid to the city by a permittee to achieve
the level of restoration according to plates I to 13 of Minnesota Public Utilities
Commission rules.
"Public Right-of-Way" means the area on, below, or above a public roadway, highway,
street, cartway, bicycle lane or public sidewalk in which the city has au interest, including
other dedicated rights-of-way for travel purposes and utility easements of the city.
Aright-of-way does not include the airwaves above a right-of-way with regard to cellular
or other nonwire telecommunications or broadcast service.
"Right-of-Way Permit" means either the excavation permit or the obstruction permit, or
both, depending on the context, required by this chapter.
"Right-of-Way User" means (1) a telecommunications right-of~way user as defined by
Minnesota Statutes, section 237.162, subd. 4; or (2) a person owning or controlling a
facility in the right-of-way that is used or intended to be used for providing utility service,
and who has a right under law, franchise, or ordinance to use the public right-of-way.
"Service" or "Utility Service" includes (1) those services provided by a public utility as
defined in Minn. Stat. 216B.02, subds. 4 and 6; (2) services ofa telecommunications
right-of-way user, including transporting of voice or data information; (3) services of a
cable communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas or
electric energy or telecommunications services provided by the city; (5) services
provided by a cooperative electric association organi~ed under Minn. Stat., Chapter
308A; and (6) water, and sewer, including service laterals, steam, cooling or heating
servIces.
"Service Lateral" means an underground facility that is used to transmit, distribute, or
furnish gas, electricity, communications, or water from a common source to an end-use
customer. A service lateral is also an underground facility that is used in the removal of
wastewater from a customer's premises.
"Supplementary Application" means an application made to excavate or obstruct more of
the right-of-way than allowed in, or to extend, a permit that had already been issued.
5
"Temporary Surface" means the compaction of subbase and aggregate base and
replacement, in kind, ofthe existing pavement only to the edges ofthe excavation. It is
temporary in nature except when the replacement is of pavement scheduled for removal
and reconstruction within one calendar year.
"Trench" means an excavation in the pavement, with the excavation leaving a length
equal to or greater than the width of the pavement.
"Telecommunication right-of-way user" means a person owning or controlling a facility
in the right-of-way, or seeking to own or control a Facility in the right-of-way, that is
used or is intended to be used for transporting telecommunication or other voice or data
information. For purposes of this chapter, a cable communication system defined and
regulated under Minn. Stat. Chap. 238, and telecommunication activities related to
providing natural gas or electric energy services whether provided by a public utility.as
defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency
organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association
organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users
for purposes ofthis chapter.
"Two Year project Plan" shows projects adopted by the city for construction within the
next two years.
See. 1.04 Administration.
The Public Works Superintendent is the principal city official responsible for the administration
of the rights-of-way, right-of-way permits, and the ordinances related thereto. The director may
delegate any or all of the duties hereunder.
Sec. 1.06. Registration and Right-of-Way Occupancy.
Subd. 1. Registration. Each person who occupies or uses, or seeks to occupy or use, the right-
of-way or place any equipment or facilities in or on the right-of-way, including persons with
installation and maintenance responsibilities by lease, sublease or assignment, must register with
the city. Registration will consist of providing application information and paying a registration
fee.
Subd. 2. Registration Prior to Work. No person may construct, install, repair, remove,
relocate, or perform any other work on, or use any facilities or any part thereof, in any right-of-
way without first being registered with the city.
Subd. 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a
city ordinance permitting persons to plant or maintain boulevards in the area of the right-of-way
between their property and the street curb. Persons planting or maintaining boulevards shall not
be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or
satisfy any other requirements for planting or maintaining such boulevard plantings or gardens
under this chapter. However, nothing herein relieves a person from complying with the
6
provisions of the Minn. Star. Chap. 216D, Gopher One Call Law.
See. 1.07. Registration Information.
Subd. 1. Information Required. The information provided to the city at the time of registration
shall include, but not be limited to:
(a) Each registrant's name, Gopher One-Call registration certificate number, address and
e-mail address, if applicable, and telephone and facsimile numbers.
(b) The name, address and e-mail address, if applicable, and telephone and facsimile
numbers of a local representative. The local representative or designee shall be available
at all times. Current information regarding how to contact the local representative in an
emergency shall be provided at the time of registration.
(c) A certificate of insurance or self.,.insurance as defined under Section 57.04, Subd. 3
and as detailed as follows:
(1) Verifying that an insurance policy has been issued to the registrant by art
insurance company licensed to do business in the State of Minnesota, or a form of
self-insurance acceptable to the city;
(2) Verifying that the registrant is insured against claims for personal injury,
including death, as registrant, its officers, agents, employees and perinittees, and
(ii) placement and use of facilities and equipment in the right-of-way by the
registrant, its officers, agents, employees and permittees, including, but not
limited to, protection against liability arising from completed operations, damage
of underground facilities and collapse of property;
3) Naming the city as an additional insured as to whom the coverages required
herein are in force and applicable and for whom defense will be provided as to all
such coverages;
(4) Requiring that the city be notified thirty (30) days in advance of cancellation
ofthe policy or material modification of a coverage term; and
(5) Indicating comprehensive liability coverage, automobile liability coverage,
workers compensation and umbrella coverage established by the city in amounts
sufficient to protect the city and the public and to carry out the purposes and
policies ofthis chapter.
(d) The city may require a copy of the actual insurance policies.
( e) If the person is a corporation, a copy of the certificate is required to be filed under
Minn. Stat. 300.06 as recorded and certified to by the Secretary of State.
7
(f}A copy of the person's order granting a certificate of authority from the Minnesota
Public Utilities Commission or other applicable state or federal agency, where the person
is lawfully required to have such certificate from said commission or other state or
federal agency.
Subd. 2. Notice of Changes. The registrant shall keep all of the information listed above current
at all times by providing to the city information as to changes within fifteen (15) days following
the date on which the registrant has knowledge of any change.
See. 1. 08. Reporting Obligations.
Subd. 1. Operations. Each registrant shall, at the time of registration and by December 1 of
each year, file a construction and major maintenance plan for underground facilities with the
city. Such plan shall be submitted using a format designated by the city and shall contain the
information determined by the city to be necessary to facilitate the coordination and reduction in
the frequency. of excavations and obstructions of rights-of- way.
The plan shall include, but not be limited to, the following information:
(a) The locations and the estimated beginning and ending dates of all projects to be
commenced during the next calendar year (in this section, a "next-year project"); and
(b) To the extent known, the tentative locations and estimated beginning and ending dates
for all projects contemplated for the five years following the next calendar year (in this
section, a "five-year project'').
The term "project" in this section shall include both next-year projects and five-year projects.
By January 1 of each year, the city will have available for inspection in the city's office a
composite list of all projects of which the city has been informed of the annual plans. All
registrants are responsible for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each registrant may change any project in its list ofnext-year
projects, and must notify the city and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time join in a next-year project of
another registrant listed by the other registrant.
Subd. 2. Additional Next-Year Projects. Notwithstanding the foregoing, the city will not deny an
application for a right-of-way permit for failure to include a project in a plan submitted to the
city if the registrant has used commercially reasonable efforts to anticipate andplan for the
project.
See. 1.09. Permit Requirement.
Subd. 1. Permit Required. Except as otherwise provided in this code, no person may obstruct
or excavate any right-of-way without first having obtained the appropriate right-of-way permit
8
fromthe city to do so.
(a) Excavation Permit An excavation permit is required by a registrant to excavate that
part of the right-of-way described in such permit and to hinder free and open passage
over the specified portion of the right-of-way by placing facilities described therein, to
the extent and for the duration specified therein.
(b) Obstruction Permit An obstruction permit is required by a registrant to hinder free
. . and open passage over the specified portion of right-of-way by placing equipment
described therein on the right-of-way, to the extent and for the duration specified therein.
An obstruction permit is not required if a person already possesses a valid excavation
permit for the same project.
Subd. 2. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the
date or dates specified in the permit unless (i) such person makes a supplementary application for
another right-of-way pem~it before the expiration of the initial permit, and (it) a new permit or
permit extension is granted.
Subd. 3. Delay Penalty. In accordance with Minnesota Rule 7819. 1000 subp. 3 and
notwithstanding subd. 2 of this Section, the city shall establish and impose a delay penalty for
unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay
penalty shall be established from time to time bycity council resolution.
Subd. 4. Permit Display. Permits issued under this chapter shall be conspicuously displayed or
otherwise available at all times at the indicated work site and shall be available for inspection by
the city.
Sec. 1.10. Permit Applications.
Application for a permit is made to the city. Right-of-way permit applications shall contain, and
will be considered complete only upon compliance with, the requirements of the following
prOVISIons:
(a) Registration with the city pursuant to this chapter;
(b) Submission ofa completed permit application form, including all required
attachments, and scaled drawings showing the location and area of the proposed project
and the location of all known existing and proposed facilities.
(c) Payment of money due the city for:
(1) permit fees, estimated restoration costs and other management costs;
(2) prior obstructions or excavations;
(3) any undisputed loss, damage, or expense suffered by the city because of
9
applicant's prior excavations or obstructions ofthe rights-of-way or any
emergency actions taken by the city;
(4) franchise fees or other charges, if applicable.
(d) Payment of disputed amounts due the city by posting security or depositing in an
escrow account an amount equal to at least 110% ofthe amount owing.
(e) Posting an additional or larger construction performance bond for additional facilities
when applicant requests an excavation permit to install additional facilities and the city
deems the existing construction performance bond inadequate under applicable standards.
See. 1.11. Issuance of Permit; Conditions.
Subd. 1. Permit Issuance. Tfthe applicant has satisfied the requirements of this chapter, the city
shall issue a permit.
Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the
permit and the performance of the applicant thereunder to protect the health, safety and welfare
or when necessary to protect the right-of-way and its current use.
See. 1.12. Permit Fees.
Subd. 1. Excavation Permit Fee. The city shall establish an Excavation permit fee in an amount
sufficient to recover the following costs:
(a) the city management costs;
(b) degradation costs, if applicable.
Subd. 2. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall
be in an amount sufficient to recover the city management costs.
Subd. 3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued
without payment of excavation or obstruction permit fees. The city may allow applicant to pay
such fees within thirty (30) days of billing.
Subd. 4. Non Refundable. Permit fees that were paid for a permit that the city has revoked for a
breach as stated in Section 1.22 are not refundable.
Subd. 5. Application to Franchises. Unless other-wise agreed to in a franchise, management
costs may be charged separately from and in addition to the franchise fees imposed on a right-of-
way user in the franchise.
10
Sec. 1.13. Right-of-Way Patching and Restoration.
Subd. 1. Timing. The work to be done under the excavation permit, and the patching and
restoration of the right-of-way as required herein, must be completed within the dates specified
in the permit, increased by as many days as work could not be done because of circumstances
beyond the control of the permittee or when work was prohibited as unseasonal or umeaasonable
under Section 1.16.
Subd. 2. Patch and Restoration. Permittee shall patch its own work. The city may choose either
to have the permittee restore the right-of-way or to restore the right-of-way itself.
(a) City Restoration. lfthe city restores the right-of-way, permittee shall pay the costs
thereof within thirty (30) days of billing. If, following such restoration, the pavement
settles due to permittee's improper backfilling, the permittee shall pay to the city, within
thirty (30) days of billing, all costs associated with correcting the defective work.
(b) Permittee Restoration. lfthe permittee restores the right-of-way itself, it shall at the
time of application for an excavation permit post a construction performance bond in
accordance with the provisions of Minnesota Rule 7819.3000.
c) Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a fight-
of-way user may elect to pay a degradation fee. However, the right-of-way user shall
remain responsible for patching and the degradation fee shall not include the cost to
accomplish these responsibilities.
Subd. 3. Standards. The permittee shall perform excavation, backfilling, patching and
restoration according to the standards and with the materials specified by the city and shall
comply with Minnesota Rule 7819.1100.
Subd. 4. Duty to Correct Defects. The permittee shall correct defects in patching or restoration
performed by permittee or its agents. The permittee upon notification from the city, shall correct
all restoration work to the extent necessary, using the method required by the city. Said work
shall be completed within five (5) calendar days of the receipt of the notice from the city, not
including days during which work cannot be done because of circumstances constituting force
majeure or days when work is prohibited as unseasonable or umeasonable under Section 1.16.
Subd. 5. Failure to Restore. lfthe permittee fails to restore the right-of-way in the manner and
to the condition required by the city, or fails to satisfactorily and timely complete all restoration
required by the city, the city at its option may do such work. In that event the permittee shall pay
to the city, within thirty (30) days of billing, the cost of restoring the right-of-way. Ifpermittee
fails to pay as required, the city may exercise its rights under the construction performance bond.
See. 1.14. Joint Applications.
Subd. 1. Joint application. Registrants may jointly apply for permits to excavate or obstruct the
right-of-way at the same place and time.
11
Subd. 2. Shared fees. Registrants who apply for permits for the same obstruction or excavation,
which the city does not perform, may share in the payment of the obstruction or excavation
permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the
portion each will pay and indicate the same on their applications.
Subd. 3. With city projects. Registrants who join in a scheduled obstruction or excavation
performed by the city, whether or not it is a joint application by two or more registrants or a
single application, are not required to pay the excavation or obstruction and degradation portions
of the permit fee, but a permit would still be required.
See. 1.15. Supplementary Applications.
Subd. 1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-
way specified in the perI]J.it. No permittee may do any work outside the area specified in the
permit, except as provided herein. Any permittee which determines that an area greater than that
specified in the permit must be obstructed or excavated must before working in that greater area
(i) make application for a permit extension and pay any additional fees required thereby, and (ii)
be granted a new permit or permit extension.
Subd. 2. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the
permit. No permittee may begin its work before the permit start date or, except as provided
herein, continue working after the end date. If a permittee does not finish the work by the permit
end date; it must apply for a new permit for the additional time it needs, and receive the new
permit or an extension of the old permit before working after the end date of the previous permit.
This supplementary application must be submitted before the permit end date.
See. 1.16. Other Obligations.
Subd. 1. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve
permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all
fees required by the city or other applicable rule, law or regulation. A permittee shall comply
with all requirements of local, state and federal laws, including but limited to Minnesota Statutes,
Section 216D.Ol-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules
Chapter 7560. A permittee shall perform all work in conformance with all applicable codes and
established rules and regulations, and is responsible for all work done in the right-of-way
pursuant to its permit, regardless of who does the work.
Subd. 2. Prohibited Work. Except in an emergency, and with the approval of the city, no right-
of-way obstruction or excavation may be done when seasonally prohibited or when conditions
are unreasonable for such work.
Subd. 3. Interference with Right-of-Way. A permittee shall not so obstruct a right-of-way that
the natural free and clear passage of water through the gutters or other waterways shall be
interfered with. Private vehicles ofthose doing work in the right-of-way may not be parked
within or next to a permit area, unless parked in conformance with city parking regulations. The
12
loading or unloading of tracks must be done solely within the defined permit areaunless
specifically authorized by the permit.
Subd.4. Trenchless Excavation. As a condition of all applicable permits, permittees employing
trenchless excavation methods, including but not limited to Horizontal :Directional Drilling, shall
follow all requirements set forth in Minnesota Statutes, Chapter 2160 and Minnesota Rules
Chapter 7560 and shall require potholing or open cutting over existing underground utilities
before excavating, as determined by the director.
See. 1.17. Denial of Permit.
The city may deny a permit for failure to meet the requirements and conditions of this chapter or
if the city determines that the denial is necessary to protect the health, safety, and welfare or
when necessary to protect the right-of-way and its current use.
See. 1.18. Installation Requirements.
The excavation, backfilling, patching and restoration, and all other work performed in the right-
of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other
applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes,
Sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance
with Minnesota Rules Chapter 7560 and these ordinances. Service lateral installation is further
subject to those requirements and conditions set forth by the city in the applicable permits and/or
agreements referenced in Section 1.23 subd. 2 of this ordinance. <
Sec. 1.19. Inspection.
Subd. 1. Notice of Completion. When the work under any permit hereunder is completed, the
permittee shall furnish a completion certificate in accordance Minnesota Rule 7819.1300.
Subd. 2. Site Inspection. Permittee shall make the work-site available to the city and to all
others as authorized by law for inspection at all reasonable times during the execution of and
upon completion of the work.
Subd 3. Authority of Superintendent:
(a) At the time of inspection, the Superintendent may order the immediate cessation of
any work which poses a serious threat to the life, health, safety or well-being of the
public.
(b) The Superintendent may issue an order to the permittee for any work that does not
conform to the terms of the permit or other applicable standards, conditions, or codes.
The order shall state that failure to correct the violation will be cause for revocation of the
permit. Within ten (10) days after issuance of the order, the permittee shall present proof
to the director that the violation has been corrected. If such proof has not been presented
13
within the required time, the director may revoke the permit pursuant to Sec. 1.22.
See. 1.20. Work Done Without a Permit.
Subd. 1. Emergency Situations. Each registrant shall immediately notify the director of any
event regarding its facilities that it considers to be an emergency. The registrant may proceed to
take whatever actions are necessary to respond to the emergency. Excavators' notification to
Gopher State One Call regarding an emergency situation does not fulfill this requirement.
Within two (2) business days after the occurrence of the emergency, the registrant shall apply for
the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements
necessary to bring itself into compliance with this chapter for the actions it took in response to
the emergency.
If the city becomes aware of an emergency regarding a registrant's facilities, the city will attempt
to contact the local representative of each registrant affected, or potentially affected, by the
emergency. In any event, the city may take whatever action it deems necessary to respond to the
emergency, the cost of which shall be borne by the registrant whose facilities occasioned the
emergency.
Subd. 2. Non-Emergency Situations. Except in an emergency, any person who, without first
having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently
obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all the
other fees required by the city code, deposit with the city the fees necessary to correct any
damage to the right-of-way, and comply with all of the requirements of this chapter.
See. 1.21. Supplementary Notification.
If the obstruction or excavation of the right-of-way begins later or ends sooner than the date
given on the permit, permittee shall notify the city of the accurate information as soon as this
information in known.
See. 1.22. Revocation of Permits.
Subd. 1. Substantial Breach. The city reserves its right, as provided herein, to revoke any right-
of-way permit without a fee refund, ifthere is a substantial breach of the terms and conditions of
any statute, ordinance, role or regulation, or any material condition of the permit. A substantial
breach by permittee shall include, but shall not be limited to the following:
(a) The violation of any material provision of the right-of-way permit;
(b) An evasion or attempt to evade any material provision of the right-of-way permit, or
the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(c) Any material misrepresentation of fact in the application for the right-of-way permit;
(d) The failure to complete the work in a timely manner, unless a permit extension is
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obtained or unless the failure to complete work is due to reasons beyond the permittee's
control; or
(e) The failure to correct, in a timely manner, work that does not conform to a condition
indicated on an order issued pursuant to Sec. 1.19.
Subd. 2. Written Notice of Breach. If the city determines that the permittee has committed a
substantial breach of a term or condition of any stature, ordinance, rule, regulation or any
condition of the permit, the city shall make a written demand upon the permittee to remedy such
violation. The demand shall state that continued violations may be cause for revocation of the
permit. A substantial breach, as stated above, will allow the city, at its discretion, to place
additional or revised conditions on the permit to mitigate and remedy the breach.
Subd. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification
of the breach, permittee shall provide the city with a plan, acceptable to the city, that will cure
the breach. Permittee's failure to so contact the city, or permittee's failure to timely submit an
acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause
for immediate revocation of the permit. Further, permittee's failure to so contact the city, or
permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement
the approved plan, shall automatically place the permittee on probation for one (1) full year.
Subd. 4. Cause for Probation. From time to time, the city may establish a list of conditions of
the permit, which if breached will automatically place the permittee on probation for one fall
year, such as, but not limited to, working out ofthe allotted time period or working on right-of-
way grossly outside of the permit authorization.
Subd. 5. Automatic Relocation. If a permittee, while on probation, commits a breach as
outlined above, permittee's permit will automatically be revoked and permittee will not be
allowed further permits for one fall year, except for emergency repairs.
Subd. 6. Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse
. the city for the city's reasonable costs, including restoration costs and the costs of collection and
reasonable attorneys' fees incurred in connection with such revocation.
See. 1.23. Mapping Data.
Subd. 1. Information Required Each registrant and permittee shall provide mapping
information required by the city in accordance with Minnesota Rules 781904000 and 78190410(3.
Within ninety (90) days following completion of any work pursuant to a permit, the permittee
shall provide the director accurate maps and drawings certifying the "as-built" location of all
equipment installed, owed and maintained by the permittee. Such maps and drawings shall
include the horizontal and vertical location of all facilities and equipment and shall be provided
consistent with the city's electronic mapping system, when practical or as a condition imposed by
the director. Failure to provide maps and drawings pursuant to this subsection shall be grounds
for revoking the permit holder's registration.
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Subd. 2. Service Laterals. All permits issued for the installation or repair of service laterals,
other than minor repairs as defined in MiI1I).esota Rules 7560..0150 subpart 2, shall require the
permittee's use of appropriate means of establishing the horizontal locations of installed service
laterals, and the service lateral vertical locations in those cases where the director reasonably
requires it. Permittees or their subcontractors shall submit to the director evidence satisfactory to
the director of the installed lateral locations. Compliance with this subdivision 2 and with
applicable Gopher State One Call law and Minnesota Rules governing service laterals install
after December 31, 2005, shall be a condition of any city approval necessary for I) payments to
contractors working on a public improvement project including those under Minnesota Statures,
Chapter 429, and 2) city approval of performance under development agreements, or other
subdivision or site plan approval under Minnesota Statures, Chapter 462. The director shall
reasonably determine the appropriate method of providing such information to the city. Failure
to provide prompt and accurate information on the service laterals installed may result in the
revocation of the permit issued for the work or for future permits to the offending permittee or its
subcontractors.
Sec. 1.24. Location and Relocation of Facilities.
Subd. 1. Placement, location, and relocation of facilities must comply with the Act, with other
applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent
the rules do not limit authority otherwise available to cities.
Subd. 2. Corridors. The city may assign a specific area within the right-of-way, or any
particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to
current technology, the city expects will someday be located within the right-of-way. All
excavation, obstruction, or other permits issued by the city involving the installation or
replacement of facilities shall designate the proper corridor for the facilities at issue.
Any registrant who has facilities in the right-of-way in a position at variance with the corridors
established by the city shall, no later than at the time of the next reconstruction or excavation of
the area where the facilities are located, move the facilities to the assigned position within the
right-of-way, unless this requirement is waived by the city for good cause shown, upon
consideration of such factors as the remaining economic life of the facilities, public safety,
customer service needs and hardship to the registrant.
Subd. 3. Nuisance. One year after the passage of this chapter, any facilities found in a right-of-
way that have not been registered shall be deemed to be a nuisance. The city may exercise any
remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or
taking possession of the facilities and restoring the right-of-way to a useable condition.
Subd. 4. Limitation of Space. To protect health, safety, and welfare, or when necessary to
protect the right-of-way and its current use, the city shall have the power to prohibit or limit the
placement of new or additional facilities within the right-of-way, In making such decisions, the
city shall strive to the extent possible to accommodate all existing and potential users of the
right-of-way, but shall be guided primarily by considerations of the public interest, the public's
needs for the particular utility service, the condition ofthe right-of-way, the time of year with
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respect to essential utilities, the protection of existing facilities in the right-of-way, and future
city plans for public improvements and development projects which have been determined to be
in the public interest.
See. 1.25 Pre-excavation Facilities Location.
In addition to complying with the requirements of Minn. Stat. 216D.Ol-.09 ("One Call
Excavation Notice System") before the start date of any right-of-way excavation, each registrant
who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical
placement of all said facilities. Any registrant whose facilities are less than twenty (20) inches
below a concrete or asphalt surface shall notify and work closely with the excavation contractor
to establish the exact location of its facilities and the best procedure for excavation.
Sec. 1.26. Damage to Other Facilities.
When the city does work in the right-of-way and finds it necessary to maintain, support, or move
a registrant's facilities to protect it, the city shall notify the local representative as early as is
reasonably possible. The costs associated therewith will be billed to that registrant and must be
paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the
cost of repairing any facilities in the right-of-way which it or its facilities damage. Each
registrant shall be responsible for the cost of repairing any damage to the facilities of another
registrant caused during the city's response to an emergency occasioned by that registrant's
facilities.
See. 1.27. Right-of-Way Vacation.
Reservation of right If the city vacates a right-of-way that contains the facilities of a registrant,
the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200.
See. 1.28. Indemnification and Liability
By registering with the city, or by accepting a permit under this chapter, a registrant or permittee
agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule
7819.1250.
See. 1.29. Abandoned and Unusable Facilities.
Subd. 1. Discontinued Operations. A registrant who has determined to discontinue all or a
portion of its operations in the city must provide information satisfactory to the city that the
registrant's obligations for its facilities in the right-of-way under this chapter have been lawfully
assumed by another registrant. .
Subd. 2. RemovaL Any registrant who has abandoned facilities in any right-of-way shall remove
it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or
construction, unless this requirement is waived by the city.
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See. 1.30. Appeal.
A right-of-way user that: (I) has been denied registration; (2) has been denied a permit; (3) has
had a permit revoked; (4) believes that the fees imposed are not in conformity with Minn. Stat. S
237.163, Subd. 6: or (5) disputes a determination of the director regarding Section 1.23 subd. 2
or this ordinance may have the denial, revocation, fee imposition, or decision reviewed, upon
written request, by the city counciL The city council shall act on a timely written request at its
next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with
sufficient time to include the appeal as a regular agenda item. A decision by the city council
affirming the denial, revocation, or fee imposition will be in writing and supported by written
findings establishing the reasonableness of the decision.
See. 1.31. Severability.
If any portion of this chapter is for any reason held invalid by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portions thereof. Nothing in this
chapter precludes the city from requiring a franchise agreement with the applicant, as allowed by
law, in addition to requirements set forth herein.
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