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7/21/2025 - City Council - Regular - Agendas
* The Consent Agenda lists those items of business which are routine, recommended for approval, and/or which need no discussion. The several separate items listed on the Consent Agenda are acted upon by one motion. There will be no separate discussion of these items unless a Council Member makes a request, in which event the item will be removed from the Consent Agenda and placed elsewhere on the regular agenda for Council discussion and action. ** Under Public Comment, individuals may address the City Council about any item not contained on the regular agenda. Each speaker should keep their statements to three minutes to allow sufficient time for others. The Council will take no official action on items discussed at the forum, except for referral to staff for future report. CITY OF SPRING PARK CITY COUNCIL AGENDA JULY 21, 2025 – 6:00 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. PUBLIC COMMENT** Those wishing to speak must state their name and address for the record. Each person will have three (3) minutes to make their remarks unless Council allows more time. Speakers will address all comments to the City Council as a whole and not one individual councilmember. The Council may not take action on an item presented during the Public Comment period. When appropriate, the Council may refer inquiries and items brought up during the Public Comment period to the City Administrator for follow-up. 5. REQUESTS & PRESENTATIONS a. Planning Commission Chair Hoffman b. State Noise Levels – Councilmember Turner 6. CONSENT AGENDA* a. Regular City Council Meeting Minutes – June 23, 2025 b. Approve Payroll, Expenditures, and Claims for Payment 7. ACTION AGENDA a. Road Maintenance Quotes – Reclamite, Crack Seal, & Striping b. Permit Fee Increase Approval – SafeBuilt c. Approving Ordinance #25-03 – Subdivision Ordinance 8. REPORTS a. Mayor & Council b. Staff 9. ANNOUNCEMENTS/MISCELLANEOUS (INFORMATION ONLY) a. August 4, 2025 – Regular City Council Meeting – 6:00PM b. August 13, 2025 – Planning Commission Meeting – 6;00PM c. August 18, 2025 – Regular City Council Meeting – 6:00PM d. August 18, 2025 – Council Work Session – 5:00PM 10. ADJOURNMENT * The Consent Agenda lists those items of business which are routine, recommended for approval, and/or which need no discussion. The several separate items listed on the Consent Agenda are acted upon by one motion. There will be no separate discussion of these items unless a Council Member makes a request, in which event the item will be removed from the Consent Agenda and placed elsewhere on the regular agenda for Council discussion and action. ** Under Public Comment, individuals may address the City Council about any item not contained on the regular agenda. Each speaker should keep their statements to three minutes to allow sufficient time for others. The Council will take no official action on items disc ussed at the forum, except for referral to staff for future report. CITY OF SPRING PARK CITY COUNCIL MINUTES JUNE 23, 2025 – 6:00 PM SPRING PARK CITY HALL 1. CALL TO ORDER The meeting was called to order at 6:00p.m. Council Present: Mayor Chase, Council Member’s Horton, Sippel, Suttle, and Turner were present. Staff Present: City Engineer Morast as fill in for City Administrator Anderson 2. PLEDGE OF ALLEGIANCE Mayor Chase led the audience to recite the Pledge of Allegiance. 3. APPROVAL OF AGENDA Council Member Suttle motioned, being seconded by Council Member Turner, to approve the agenda as amended removing item 7a from the Action Agenda for discussion at a future meeting. On vote being taken, the motion was unanimously approved. 4. PUBLIC COMMENT: None 5. REQUESTS & PRESENTATIONS: None 6. CONSENT AGENDA* a. Regular City Council & Work Session Minutes – May 19, 2025 b. Approve Payroll, Expenditures, and Claims for Payment c. Special Event Permit #25-12: Back Channel – Fast and the Beerious Car Show d. Special Event Permit #25-13: Back Channel – Yacht Rock Council Member Sippel motioned, being seconded by Council Member Horton, to approve the consent agenda as presented. On vote being taken, the motion was unanimously approved. 7. ACTION AGENDA a. Proposed Permit Fee Changes – Safebuilt Removed from Agenda. b. Road Preservation – Reclamite & Crack Sealing Quotes The Council directed City Engineer Morast to revise the Reclamite bid adding in West Arm West and Black Lake Road and to check with Bituminous Roadways on what they will charge to repair the pothole on Interlachen Road. c. Approving Snow Removal RFP Council Member Horton motioned, being seconded by Council Member Suttle, to approve posting the snow removal RFP with a request to require more specifics on the salting and including the snow removal on the Trail if we need to. On vote being taken, the motion was unanimously approved. 8. REPORTS a. Mayor & Council: Council Member Sippel had some questions for the City Administrator on the status and capabilities of the decibel reader. Mayor Chase made a note to follow up on it. * The Consent Agenda lists those items of business which are routine, recommended for approval, and/or which need no discussion. The several separate items listed on the Consent Agenda are acted upon by one motion. There will be no separate discussion of these items unless a Council Member makes a request, in which event the item will be removed from the Consent Agenda and placed elsewhere on the regular agenda for Council discussion and action. ** Under Public Comment, individuals may address the City Council about any item not contained on the regular agenda. Each speaker should keep their statements to three minutes to allow sufficient time for others. The Council will take no official action on items disc ussed at the forum, except for referral to staff for future report. Mayor Chase provided condolences to Planning Commissioner Chair Hoffman and City Clerk Hoffman due to the political violence that occurred to their family members. He also asked Council if they had any ideas or recommendations on safety that Council should consider as a result. Mayor Chase brought forward an inquiry from a resident on ADU units (auxiliary dwelling units) and asked the Council if they thought we should research further. All agreed. b. Staff: none 9. ANNOUNCEMENTS/MISCELLANEOUS (INFORMATION ONLY) a. June 19, 20, & July 4, 2025 – Holidays - City Offices Closed b. July 07, 2025 – Regular City Council Meeting – 6:00PM c. July 09, 2025 – Planning Commission Meeting – 6:00PM d. July 21, 2205 – Regular City Council Meeting – 6:00PM e. July 21, 2025 – Council Work Session – 5:00PM 10. ADJOURNMENT There being no further discussion, Council Member Sippel motioned, being seconded by Council Member Horton, to adjourn the meeting at 6:43p.m. On vote being taken, the motion was unanimously approved. Respectfully submitted, Jamie Hoffman, City Clerk *Check Summary Register© CITY OF SPRING PARK 07/17/25 9:54 AM Page 1 Batch: 070725PAY,070125Bond,071525PAY,071725PAY Name Check Date Check Amt 10100 Wells Fargo Bank NA 34317 ABDO LLP 7/1/2025 $900.00 Review transaction & preparations for OSA Cit 34318 AMERICAN ENVIRONMENTAL LL 7/1/2025 $1,300.00 Sewer CCTV Inspection at 4165/4177 Shorelin 34319 CITY OF BLOOMINGTON 7/1/2025 $28.00 May 25' Water Testing Fees 34320 BOND TRUST SERVICES CORP 7/1/2025 $35,538.14 GO Bond 2022A - Interest Payment 34321 ECM PUBLISHERS, INC.7/1/2025 $917.20 Publish 2024 Drinking Water Report 34322 LAKESIDE NETWORKS 7/1/2025 $175.00 Internet Service from 06/26/25-07/25/25 34323 LOFFLER COMPANIES, INC.7/1/2025 $2,258.00 Purchase of new copier - Canon C259iF 34324 MOORE ENGINEERING, INC 7/1/2025 $49,098.75 Jan - Jun 2025 General Engineering & MS4 Se 34325 CITY OF MOUND FINANCE DEPT 7/1/2025 $46,030.50 2025 3rd Qtr.Contracted Fire Service & Protecti 34326 NORLINGS LAKE MTKA LANDSC 7/1/2025 $4,421.25 May 25' Landscaping Services 34327 CITY OF ORONO 7/1/2025 $202.08 Apr. 25' Jail Charges 34328 WSB & ASSOCIATES, INC.7/1/2025 $1,907.50 May 25' Planning Services - General Planning 34329 XCEL ENERGY 7/1/2025 $5,533.61 Electric Usage 04/27/25-05/28/25 - East Lights 34330 ABDO LLP 7/17/2025 $3,900.00 Certified audit services for year end Dec 31, 20 34331 CARSON, CLELLAND, & SCHRED 7/17/2025 $1,507.50 June 2025 Legal Services - Data Practice 34332 CENTERPOINT ENERGY 7/17/2025 $427.84 Gas usage 05/20/25-06/19/25 34333 EHLERS 7/17/2025 $850.00 2025 Continuing Disclosure Reporting Fee 34334 GOOD TO BE HOME CLEANING 7/17/2025 $125.00 June 2025 City Hall Cleaning Services 34335 GOPHER STATE ONE-CALL 7/17/2025 $32.40 June 25' Locates 34336 JUBILEE FOODS 7/17/2025 $2.45 Water Refills 34337 KODIAK POWER SOLUTIONS 7/17/2025 $4,356.10 2025 Annual Service for WTP, City Hall, & Lift 34338 METRO COUNCIL ENVIRON SER 7/17/2025 $26,180.34 Aug 25' Wastewater Treatment Monthly Fee 34339 MNSPECT, LLC 7/17/2025 $4,152.86 June 25' Residential & Commercial Inspections 34340 CITY OF ORONO 7/17/2025 $62,660.96 July 25' Contracted Services 34341 PRESS PERFECT PRINTING & G 7/17/2025 $423.96 Purchase of window envelopes 34342 QUALITY CONTROL & INTEGR., I 7/17/2025 $29,640.00 Lift Station #6 control panel upgrade 34343 SOLUTION BUILDERS, INC.7/17/2025 $1,274.16 June 25' Microsoft Online Services 34344 US BANK 7/17/2025 $589.98 May 25' Credit Card Purchases 34345 WASTE MANAGEMENT 7/17/2025 $305.61 June 25' Spring Park Resident Yard Waste Dis 34346 REPUBLIC SERVICES, INC 7/17/2025 $3,358.08 June 25' Recycling Services 34347 XCEL ENERGY 7/17/2025 $163.04 Electric Usage 05/27/25-06/25/25 Total Checks $288,260.31 Batch: 070725PAY,070125Bond,071525PAY,071725PAY Page 1 07/17/25 9:56 AMCITY OF SPRING PARK *Check Detail Register© Amount CommentInvoiceCheck #Check Date Vendor Name 10100 Wells Fargo Bank NA 34317 07/01/25 ABDO LLP $300.00 Review transaction & preparations for OSA City Financial Reporting Form Auditing Services 508323E 101-41500-301 $300.00 Review transaction & preparations for OSA City Financial Reporting Form Auditing Services 508323E 601-49400-301 $300.00 Review transaction & preparations for OSA City Financial Reporting Form Auditing Services 508323E 602-49450-301 $900.00Total 34318 07/01/25 AMERICAN ENVIRONMENTAL LLC $1,300.00 Sewer CCTV Inspection at 4165/4177 ShorelineContracted Services 4057E 602-49450-310 $1,300.00Total 34319 07/01/25 CITY OF BLOOMINGTON $28.00 May 25' Water Testing FeesTesting Fees 25099E 601-49400-306 $28.00Total 34320 07/01/25 BOND TRUST SERVICES CORP $17,406.00 GO Bond 2022A - Interest PaymentBond Interest 9616E 101-47500-611 $5,802.00 GO Bond 2022A - Interest PaymentBond Interest 9616E 601-47500-611 $5,802.00 GO Bond 2022A - Interest PaymentBond Interest 9616E 602-47500-611 $2,707.50 GO Bond 2015A - Interest PaymentBond Interest 96914E 101-47500-611 $902.50 GO Bond 2015A - Interest PaymentBond Interest 96914E 601-47500-611 $902.50 GO Bond 2015A - Interest PaymentBond Interest 96914E 602-47500-611 $924.40 GO Bond 2010A - Interest PaymentBond Interest 96915E 101-47500-611 $308.12 GO Bond 2010A - Interest PaymentBond Interest 96915E 601-47500-611 $308.12 GO Bond 2010A - Interest PaymentBond Interest 96915E 602-47500-611 $475.00 GO Bond 2010A - Agent FeeFiscal Agent s Fees 97782E 101-47500-620 $35,538.14Total 34321 07/01/25 ECM PUBLISHERS, INC. $690.80 Publish 2024 Drinking Water ReportPrint/Binding 1052853E 601-49400-350 $226.40 Publish 2024 Drinking Water ReportPrint/Binding 1052854E 601-49400-350 $917.20Total 34322 07/01/25 LAKESIDE NETWORKS $58.34 Internet Service from 06/26/25-07/25/25Internet Service 003169E 101-42000-324 $58.33 Internet Service from 06/26/25-07/25/25Internet Service 003169E 601-49400-324 $58.33 Internet Service from 06/26/25-07/25/25Internet Service 003169E 602-49450-324 $175.00Total 34323 07/01/25 LOFFLER COMPANIES, INC. $737.82 Purchase of new copier - Canon C259iFOffice Equipment/Rental 5053209E 101-41500-413 $737.81 Purchase of new copier - Canon C259iFOffice Equipment/Rental 5053209E 601-49400-413 $737.81 Purchase of new copier - Canon C259iFOffice Equipment/Rental 5053209E 602-49450-413 $14.86 Copier Usage 05/22/25-06/11/25Office Equipment/Rental 5053320E 101-41500-413 $14.85 Copier Usage 05/22/25-06/11/25Office Equipment/Rental 5053320E 601-49400-413 $14.85 Copier Usage 05/22/25-06/11/25Office Equipment/Rental 5053320E 602-49450-413 $2,258.00Total Batch: 070725PAY,070125Bond,071525PAY,071725PAY Page 2 07/17/25 9:56 AMCITY OF SPRING PARK *Check Detail Register© Amount CommentInvoiceCheck #Check Date Vendor Name 34324 07/01/25 MOORE ENGINEERING, INC $17,195.25 Jan - Jun 2025 General Engineering & MS4 Services Contracted Services SIN002971E 101-41910-310 $31,903.50 Jan - Jun 2025 General Engineering & MS4 Services Engineering Fees SIN002971E 601-49400-303 $49,098.75Total 34325 07/01/25 CITY OF MOUND FINANCE DEPT. $46,030.50 2025 3rd Qtr.Contracted Fire Service & ProtectionContracted Services 00002594CE 101-42260-310 $46,030.50Total 34326 07/01/25 NORLINGS LAKE MTKA LANDSCAPE $4,421.25 May 25' Landscaping ServicesLandscaping/Gardens/Mai 45007E 101-41940-432 $4,421.25Total 34327 07/01/25 CITY OF ORONO $202.08 Apr. 25' Jail ChargesBooking Per Diem/Jail Ch 20142596E 101-42000-313 $202.08Total 34328 07/01/25 WSB & ASSOCIATES, INC. $1,635.00 May 25' Planning Services - General PlanningContracted Services R-026595-00E 101-41910-310 $163.50 May 25' Planning Services - Land Use ReviewContracted Services R-026595-00E 101-41910-310 $109.00 May 25' Planning Services - 3916 Mapleton AveContracted Services R-026595-00E 101-41910-310 $1,907.50Total 34329 07/01/25 XCEL ENERGY $60.24 Electric Usage 04/27/25-05/28/25 - Traffic LightsUtilities/Electric/Gas 1189416578E 101-41900-381 $21.52 Electric Usage 04/27/25-05/28/25 - LS#4Utilities/Electric/Gas 1189418395E 602-49450-381 $776.32 Electric Usage 04/27/25-05/28/25 - CoOwned Lights Utilities/Electric/Gas 1189419473E 101-41900-381 $67.07 Electric Usage 04/27/25-05/28/25 - LS#5Utilities/Electric/Gas 1189419494E 602-49450-381 $489.68 Electric Usage 04/27/25-05/28/25 - LS#6Utilities/Electric/Gas 1189419849E 602-49450-381 $170.55 Electric Usage 04/27/25-05/28/25 - Central LightsUtilities/Electric/Gas 1189421588E 101-41900-381 $137.66 Electric Usage 04/27/25-05/28/25 - East LightsUtilities/Electric/Gas 1189421771E 101-41900-381 $256.55 Electric Usage 04/27/25-05/28/25 - City HallUtilities/Electric/Gas 1189421827E 101-41900-381 $320.09 Electric Usage 04/27/25-05/28/25 - LS#2Utilities/Electric/Gas 1189422200E 602-49450-381 $47.42 Electric Usage 04/27/25-05/28/25 - West LightsUtilities/Electric/Gas 1189423195E 101-41900-381 $142.61 Electric Usage 04/27/25-05/28/25 - LS#1Utilities/Electric/Gas 1189424987E 602-49450-381 $91.63 Electric Usage 04/27/25-05/28/25 - LS#3Utilities/Electric/Gas 1189426587E 602-49450-381 $2,952.27 Electric Usage 04/27/25-05/28/25 - WTPUtilities/Electric/Gas 1194993628E 601-49400-381 $5,533.61Total 34330 07/17/25 ABDO LLP $1,300.00 Certified audit services for year end Dec 31, 2024Auditing Services 508765E 101-41500-301 $1,300.00 Certified audit services for year end Dec 31, 2024Auditing Services 508765E 601-49400-301 $1,300.00 Certified audit services for year end Dec 31, 2024Auditing Services 508765E 602-49450-301 $3,900.00Total 34331 07/17/25 CARSON, CLELLAND, & SCHREDER $72.50 June 2025 Legal Services - City CouncilLegal Fees 7909E 101-41600-304 $108.75 June 2025 Legal Services - Data PracticeLegal Fees 7909E 101-41600-304 Batch: 070725PAY,070125Bond,071525PAY,071725PAY Page 3 07/17/25 9:56 AMCITY OF SPRING PARK *Check Detail Register© Amount CommentInvoiceCheck #Check Date Vendor Name $326.25 June 2025 Legal Services - Utility ProvidersLegal Fees 7909E 101-41600-304 $1,000.00 June 2025 Legal Services - CriminalLegal Fees 7909E 101-42000-304 $1,507.50Total 34332 07/17/25 CENTERPOINT ENERGY $21.35 Gas usage 05/20/25-06/19/25Utilities/Electric/GasE 101-41900-381 $305.32 Gas usage 05/20/25-06/19/25Utilities/Electric/GasE 601-49400-381 $101.17 Gas usage 05/20/25-06/19/25Utilities/Electric/GasE 602-49450-381 $427.84Total 34333 07/17/25 EHLERS $850.00 2025 Continuing Disclosure Reporting FeeOther - TIF 102189E 205-46500-439 $850.00Total 34334 07/17/25 GOOD TO BE HOME CLEANING SERVI $125.00 June 2025 City Hall Cleaning ServicesContracted Services Jun2025E 101-41900-310 $125.00Total 34335 07/17/25 GOPHER STATE ONE-CALL $16.20 June 25' LocatesContracted Services 5060759E 601-49400-310 $16.20 June 25' LocatesContracted Services 5060759E 602-49450-310 $32.40Total 34336 07/17/25 JUBILEE FOODS $2.45 Water RefillsOffice SuppliesE 101-41500-200 $2.45Total 34337 07/17/25 KODIAK POWER SOLUTIONS $267.50 2025 Annual Service for WTP, City Hall, & Lift Stations Contracted Services 20333508E 101-41900-310 $267.50 2025 Annual Service for WTP, City Hall, & Lift Stations Repairs/Maint General 20333508E 601-49400-400 $3,671.10 2025 Annual Service for WTP, City Hall, & Lift Stations Repairs/Maint General 20333508E 602-49450-400 $150.00 Service check on LS #6Repairs/Maint General 20401869E 602-49450-400 $4,356.10Total 34338 07/17/25 METRO COUNCIL ENVIRON SERVICES $26,180.34 Aug 25' Wastewater Treatment Monthly FeeMCES Sewer Service Chg 0001190699E 602-49450-327 $26,180.34Total 34339 07/17/25 MNSPECT, LLC $1,991.25 June 25' Residential & Commercial Inspections/Permit Fees/General Fees Contracted Services 2021507E 101-42400-310 $1,186.11 June 25' Residential & Commercial Inspections/Permit Fees/General Fees Plan Check Fees 2021507E 101-42400-305 $975.50 June 25' Code Enforcement ServicesContracted Services 2029338E 101-42400-310 $4,152.86Total 34340 07/17/25 CITY OF ORONO $12,914.35 July 25' Contracted ServicesContracted Services 20142610E 101-41510-310 $2,767.35 July 25' Contracted ServicesOrono PW 20142610E 601-49400-103 $2,767.35 July 25' Contracted ServicesOrono PW 20142610E 602-49450-103 Batch: 070725PAY,070125Bond,071525PAY,071725PAY Page 4 07/17/25 9:56 AMCITY OF SPRING PARK *Check Detail Register© Amount CommentInvoiceCheck #Check Date Vendor Name $44,211.91 July 25' Contracted ServicesContracted Services 20142610E 101-42000-310 $62,660.96Total 34341 07/17/25 PRESS PERFECT PRINTING & GRAPGICS $141.32 Purchase of window envelopesOffice Supplies 25289E 101-41500-200 $141.32 Purchase of window envelopesOffice Supplies 25289E 601-49400-200 $141.32 Purchase of window envelopesOffice Supplies 25289E 602-49450-200 $423.96Total 34342 07/17/25 QUALITY CONTROL & INTEGR., INC $29,640.00 Lift Station #6 control panel upgradeLS Repair/Maint 49137E 602-49450-496 $29,640.00Total 34343 07/17/25 SOLUTION BUILDERS, INC. $250.34 Aug. 25' Managed IT ServicesIT Technology Support 10611E 101-41500-330 $250.33 Aug. 25' Managed IT ServicesIT Technology Support 10611E 601-49400-330 $250.33 Aug. 25' Managed IT ServicesIT Technology Support 10611E 602-49450-330 $61.30 June 25' Microsoft Online ServicesComputer Support/Supplie 10696E 101-41500-207 $61.28 June 25' Microsoft Online ServicesComputer Support/Supplie 10696E 601-49400-207 $61.28 June 25' Microsoft Online ServicesComputer Support/Supplie 10696E 602-49450-207 $113.10 Aug. 25' Managed IT ServicesIT Technology Support 10828E 101-41500-330 $113.10 Aug. 25' Managed IT ServicesIT Technology Support 10828E 601-49400-330 $113.10 Aug. 25' Managed IT ServicesIT Technology Support 10828E 602-49450-330 $1,274.16Total 34344 07/17/25 US BANK $303.30 May 25' Credit Card PurchasesOffice SuppliesE 101-41500-200 $186.68 May 25' Credit Card PurchasesComputer Support/SupplieE 101-41500-207 $100.00 May 25' Credit Card PurchasesMembership/Dues/EduE 101-41500-433 $589.98Total 34345 07/17/25 WASTE MANAGEMENT $305.61 June 25' Spring Park Resident Yard Waste Disposal at Mulch Store Contracted Services 0000867-465E 101-42800-310 $305.61Total 34346 07/17/25 REPUBLIC SERVICES, INC $3,358.08 June 25' Recycling ServicesContracted Services 0894-007166E 101-42900-310 $3,358.08Total 34347 07/17/25 XCEL ENERGY $163.04 Electric Usage 05/27/25-06/25/25Utilities/Electric/Gas 1194769140E 101-41900-381 $163.04Total 10100 $288,260.31 Batch: 070725PAY,070125Bond,071525PAY,071725PAY Page 5 07/17/25 9:56 AMCITY OF SPRING PARK *Check Detail Register© Amount CommentInvoiceCheck #Check Date Vendor Name Fund Summary 10100 Wells Fargo Bank NA 101 GENERAL FUND $163,314.93 205 TIF PRESBYTERIAN HOMES $850.00 601 WATER FUND $49,146.98 602 SEWER FUND $74,948.40 $288,260.31 By Mary Davis, mary.davis@house.mn.gov Minnesota’s Public and Private Nuisance Laws December 2024 Executive Summary This publication describes Minnesota laws that provide remedies for offensive conduct or actions by others that could cause an injury to the surrounding homes, buildings, or community, often called a “nuisance.” A condition or activity may be either a “public nuisance” or a “private nuisance” depending on the scope of the problems caused by the nuisance and on whether it is challenged by a public agency or a private individual. A “nuisance” is an activity that, in one way or another, affects the right of an individual to enjoy the use of a specified property. Generally speaking, the law recognizes two distinct types of nuisances. A “public nuisance” is an activity (or a failure to act in some cases) that unreasonably interferes or obstructs a right that is conferred on the general public, such as the enjoyment of a public park or other public space. A public nuisance may also exist where there is a condition that is dangerous generally to members of the public (such as a health hazard) or is in some way offensive to accepted community standards (such as loud music late at night). A “private nuisance” is one that affects an individual’s right to the enjoyment of some property or activity but does not necessarily affect the community as a whole. For example, a large tree overhanging a neighbor’s yard may be a private nuisance where it affects the neighbor’s enjoyment and use of their backyard. Various sections of Minnesota law provide a remedy to address both public and private nuisances, either through an action brought by a prosecuting attorney for a public nuisance or through a civil action for a private nuisance. The first two sections of this publication address activities considered to be a public nuisance, while the final section briefly addresses private nuisances. Contents State Public Nuisance Law ...................................................................................... 2 Local Public Nuisance Laws ..................................................................................... 8 Private Nuisance Actions ...................................................................................... 10 Minnesota’s Public and Private Nuisance Laws Minnesota House Research Department Page 2 State Public Nuisance Law General Public Nuisance Activity Types of activities that are considered public nuisances In general, Minnesota’s public nuisance law 1 defines “nuisance activity” to include either one behavioral incident or two separate behavioral incidents committed within a building2 within the previous 12 months. One incident of any of the following activities is sufficient to constitute a public nuisance: prostitution or prostitution-related activity unlawful activity involving controlled substances (drugs) unlawful use of a dangerous weapon 3 providing alcohol to more than one person under 21 or selling liquor without a license when the building is not occupied by the owner or tenant Alternatively, two or more incidents involving any one or a combination of the following activities constitute a public nuisance: gambling or gambling-related activity unlicensed sales of alcoholic beverages unlawful furnishing of alcoholic beverages to a person under age 21 maintaining or permitting a condition that unreasonably annoys, injures, or endangers the safety, health, morals, or quiet enjoyment of and by members of the public engaging in any other activity declared by law to be a public nuisance the violation by any commercial enterprise of a local nuisance ordinance or regulation 4 prohibiting the maintenance of a public nuisance permitting real property to be used to maintain a public nuisance, or renting the property knowing it will be used to maintain a public nuisance, by whoever maintains control of the property 1 Minn. Stat. § 617.81. 2 “Building” includes both residences and any commercial structure maintained for business activities involving human occupation. The term also includes the land surrounding the structure. Minn. Stat. § 617.80, subd. 2. 3 “Dangerous weapon” includes any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm. Minn. Stat. § 609.02, subd. 6. 4 Minn. Stat. § 617.81, subd. 2. Minnesota’s Public and Private Nuisance Laws Minnesota House Research Department Page 3 Location of the nuisance activity Nuisance activity is considered to have occurred within the building if it takes place in any portion of it or on the surrounding property. If the building is a multiunit building, usually only the unit where the activity occurs comes within the scope of the nuisance civil action. However, tenants are responsible for nuisance activity they or their guests commit inside or outside the tenant’s unit, and the building owner5 is responsible for nuisance acts committed by the owner or persons under the owner’s control anywhere in the building.6 Prosecuting attorneys may sue to stop nuisance activity The law specifies that only a prosecuting attorney may bring an action in court to stop nuisance activity from occurring. A “prosecuting attorney” means either a city attorney, county attorney, or the state attorney general.7 If a prosecuting attorney has reason to believe a nuisance exists in any building in a neighborhood, he or she may bring a civil action in district court to put an end to the nuisance activity. Before filing the action, the prosecuting attorney must send a written notice by personal service or certified mail to the owner of the property and all other known interested parties.8 The written notice must: specify the type of nuisance being maintained or permitted; summarize the evidence, including the dates on which nuisance-related activities are alleged to have occurred; inform the recipient that failure to abate the conduct or otherwise resolve the matter within 30 days may result in the filing of a nuisance action in court and that the court action may result in an injunction closing the building for one year or, in the case of a tenant, cancellation of the lease;9 and inform the owner of the option of canceling the offending tenant’s lease in a separate court action and, thereby, avoid a nuisance action.10 Property owners can end the nuisance activity to avoid a court filing If the owner either abates (ends) the nuisance activity or enters into an abatement plan with the prosecuting attorney within 30 days of receiving the written notice, the prosecutor may not 5 “Owner” means a person having legal title to the premises. Minn. Stat. § 617.80, subd. 7. 6 Minn. Stat. § 617.81, subd. 2. 7 Minn. Stat. § 617.80, subd. 9. 8 “Interested parties” include any known lessee or tenant, any known agent of the owner, lessee, or tenant, and any other person who maintains or permits a nuisance and is known to the prosecuting attorney. Minn. Stat. § 617.80, subd. 8. 9 Minn. Stat. § 617.85. Provides a procedure to cancel a lease in a nuisance action, when a tenant or commercial lessee has committed the acts that constitute the nuisance. 10 This notice provision was added for the purpose of resolving nuisance problems without court involvement, where possible. Minn. Stat. § 617.81, subd. 4. Minnesota’s Public and Private Nuisance Laws Minnesota House Research Department Page 4 file the nuisance action with the court. However, if the owner fails to act within this time period or fails to comply with the abatement plan, the prosecuting attorney may file the nuisance action.11 Procedures for filing a nuisance action The prosecuting attorney must first file a petition seeking a temporary injunction to abate the nuisance. The court then must hold a “show cause” hearing and provide the respondents an opportunity to be heard on the allegations contained in the petition. If the court finds that there is reason to believe nuisance activity has occurred, it must issue the temporary injunction describing the conduct enjoined. After the temporary injunction is issued, the court must issue a permanent injunction and an order of abatement if it finds, by clear and convincing evidence, that a nuisance exists.12 Abatement orders close a building The effect of the order of abatement is to close the building, or a portion of it, for up to one year. The abatement order must be posted conspicuously on the building so as to inform the building occupants and the public of the order’s contents. In addition to closing the building, the abatement order may order the removal of moveable property used to conduct or maintain the nuisance and may order the sale of any property owned by a respondent who was notified of or appeared in the nuisance action. Instead of closing the building, the court may appoint a receiver to oversee use of the building during the abatement period. Net proceeds of any rents collected during the receivership are paid to the treasury of the local government unit.13 Ways to avoid an abatement order The law provides three ways for building owners to avoid the issuance or enforcement of an abatement order. Abatement. The owner may enter into an abatement plan with the prosecuting attorney. The owner may also independently abate the nuisance without entering into a formal plan for abatement. The nuisance activity must be abated, or the plan entered into, within 30 days of receipt of notice from the prosecuting attorney to prevent the issuance or enforcement of an order.14 11 Minn. Stat. § 617.82. 12 Minn. Stat. §§ 617.81; 617.82; 617.83. “Clear and convincing evidence” means that it is “highly probable” or “reasonably certain” that a nuisance exists. 13 Minn. Stat. §§ 617.83; 617.84. 14 Minn. Stat. § 617.82. Minnesota’s Public and Private Nuisance Laws Minnesota House Research Department Page 5 Motion to cancel lease. Second, if the nuisance activity was conducted by a tenant in the building, the owner may file a motion in court to cancel the tenant’s lease.15 The owner may conduct the eviction action directly or assign that right to the prosecuting attorney. In that proceeding, the court shall order the tenant evicted if it finds that the tenant was responsible for the nuisance activity. Moreover, the court may not issue or enforce an abatement order against the building unless it further finds that the tenant was acting in conjunction with or under the control of the owner. Bond. Third, the court may release the building from the abatement order if: (1) the owner pays the costs of the nuisance action; (2) the owner posts a bond in an amount determined by the court, up to $50,000, conditioned on the abatement of the nuisance for one year; and (3) the court is satisfied the owner is acting in good faith. The injunction against further nuisance activity continues in full force, however, and the law directs that the owner forfeits $1,000 of the bond for each day that the owner knowingly violates the abatement order.16 Penalties for violating an injunction or abatement order The law states that any violation of a temporary or permanent injunction or abatement order issued under the nuisance law shall be treated as contempt of court.17 People engaged in a public nuisance can be prosecuted for a crime Minnesota law does provide a criminal penalty for activities that constitute a public nuisance. A misdemeanor charge may be brought against a person who: maintains or permits a condition that unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public; or is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided.18 15 Minn. Stat. § 617.85. The law provides that the maintaining or conducting of nuisance activity is grounds for cancellation of the lease and eviction even if the lease document itself is silent on this point. 16 Minn. Stat. § 617.87. 17 Minn. Stat. § 617.86. 18 Minn. Stat. § 609.74. In addition to the activities described in this publication, there are many other provisions declaring certain activities to be a public nuisance. These other provisions appear in various chapters of statute based upon the general subject matter of the activity at issue. Most of these provisions, and those included in this publication, may be enforced using the misdemeanor criminal penalty described here. Minnesota’s Public and Private Nuisance Laws Minnesota House Research Department Page 6 Only a county attorney, city attorney, or the attorney general may prosecute a person for this crime. In order to be convicted of the crime of public nuisance, the prosecuting attorney must prove the defendant’s guilt beyond a reasonable doubt.19 Proving criminal liability for a public nuisance is more difficult than proving a public nuisance for purposes of obtaining a civil order for abatement of the activity, as described above. It is within the discretion of the prosecuting authority to determine whether criminal charges are appropriate in a particular case. Gang Nuisance Activity Minnesota law has a separate process to address a public nuisance that is occurring due to gang activity; this process is different from the general public nuisance abatement process described above. The law declares two types of gang-related public nuisance: a criminal gang that continuously or regularly engages in gang activity the continuous or regular use of a place by a lessee or tenant to engage in or allow gang activity, if the gang activity is knowingly permitted by the owner or other person responsible for maintaining that particular place20 The law defines “continuously or regularly” to mean three separate incidents or occurrences within a 12-month period.21 “Gang activity” includes an extensive list of offenses, including those for which a mandatory minimum sentence is required (in general, the most serious criminal offenses that physically harm a victim),22 plus first- or second-degree criminal damage to property, trespass, and disorderly conduct.23 A “place” for purposes of the law includes a commercial or residential structure, including the land surrounding the structure that is under the control of the structure’s owners and vacant 19 “Beyond a reasonable doubt” means that a defendant may only be convicted if there is no reasonable possibility, based on the evidence, that he or she is not guilty of the crime. 20 Minn. Stat. § 617.92 21 Minn. Stat. § 617.91, subd. 2. 22 Relevant crimes include: “murder in the first, second, or third degree; assault in the first, second, or third degree; burglary; kidnapping; false imprisonment; manslaughter in the first or second degree; aggravated robbery; simple robbery; first-degree or aggravated first-degree witness tampering; criminal sexual conduct under the circumstances described in Minnesota Statutes, sections 609.342, subdivision 1, clauses (a) to (e); 609.343, subdivision 1, and subdivision 1a, clauses (a) to (f) and (i); and 609.344, subdivision 1, clauses (a) to (c), and (d) (in certain circumstances); escape from custody; arson in the first, second, or third degree; drive-by shooting under section 609.66, subdivision 1e; stalking under section 609.749, subdivision 5; possession or other unlawful use of a firearm in violation of section 609.165, subdivision 1b, or 624.713, subdivision 1, clause (2), a felony violation of chapter 152; or any attempt to commit any of these offenses.” Minn Stat. § 609.11, subd. 9. 23 Minn. Stat. § 617.91, subd. 4. Minnesota’s Public and Private Nuisance Laws Minnesota House Research Department Page 7 parcels of land that are under the control of an owner or person responsible for maintaining the land. If necessary, the definition permits “place” to be narrowed to a specific location in the structure (such as an apartment, office, garage, etc.).24 City and county attorneys or the attorney general can sue to stop nuisance gang activity Like the more general public nuisance statute, a city or county attorney, or the attorney general, has the authority to bring a civil action in court to stop the nuisance gang activity from occurring. The suit may be brought against a specific person who engages in the activity (or against a group of persons).25 A suit may also be filed against an owner or person responsible for maintaining the particular place at which the gang nuisance is alleged to have occurred, if that person knowingly permitted the activity to occur.26 The owner or responsible person may offer evidence in his or her defense to prove that an attempt was made to prevent the gang activity from occurring at the location.27 A court can impose penalties for gang activity that is a public nuisance If the court finds by the preponderance of the evidence28 that a criminal gang constitutes a nuisance, the court may issue an order prohibiting the individual defendant(s) from engaging in gang activity and imposing other reasonable requirements to prevent future gang activity. In imposing other reasonable requirements, the court is required to balance the need for public safety with the defendant’s constitutional rights.29 The court may also impose reasonable requirements to prevent further use of a place for gang activity, including cancellation of an applicable lease if necessary.30 A person who violates a court order related to nuisance gang activity is subject to a fine for contempt ranging between $1,000 and $10,000.31 If a person knowingly violates the order, the person is guilty of a misdemeanor offense. Attorney’s fees may also be awarded to the prevailing party.32 24 Minn. Stat. § 617.91, subd. 5. 25 Minn. Stat. § 617.93. 26 Id. 27 Minn. Stat. § 617.97. 28 The “preponderance of the evidence” standard means that, on the whole, there is more evidence in favor of there being nuisance gang activity than not. 29 Minn. Stat. § 617.94. 30 Id. 31 Minn. Stat. § 617.95. 32 Minn. Stat. § 617.96. Minnesota’s Public and Private Nuisance Laws Minnesota House Research Department Page 8 Graffiti While not technically defined to be a nuisance in Minnesota statute, a building or other property that is “tagged” with graffiti can cause damage and may be considered an eyesore by neighbors and members of the public. A civil remedy is provided in statute to address graffiti- related problems.33 The owner of public or private property may bring an action in court to recover damages related to graffiti.34 Unlike the public nuisance laws, this provision allows the owner of the property to bring the action; the involvement of a city or county attorney or the attorney general is not required. If successful, the owner may recover either three times the cost of restoring the property or the court may order the defendant to perform the actual work required for restoration. The court may also award attorney’s fees to the property owner. If the graffiti was placed on the property by a minor individual, the damages may be recovered from the parent of that minor.35 In most cases, the liability of the parent may not exceed $1,000.36 Local Public Nuisance Laws General Ordinances and Regulation Most local units of government have the authority to define and abate nuisances by means of local ordinance. In the case of home rule charter cities, this authority may be derived from the city charter. Statutory cities and towns have specific authority under state law to define and abate nuisances.37 Counties have a general authority to abate nuisances, but do not have a specific statute like statutory cities and towns.38 Under Minnesota case law, city ordinances may only regulate public nuisances and may only declare a condition to be a nuisance if the condition has been so recognized by the courts.39 33 For purposes of the law, graffiti is defined as “unauthorized markings of paint, dye, or other similar substances that have been placed on real or personal property such as buildings, fences, transportation equipment, or other structures, or the unauthorized etching or scratching of the surfaces of such real or personal property, any of which markings, scratchings, or etchings are visible from premises open to the public.” Minn. Stat. § 617.90, subd. 1. 34 Minn. Stat. § 617.90, subd. 2. 35 Id. 36 Minn. Stat. § 540.18. 37 See for example, Minnesota Statutes sections 412.221, subdivisions 23 and 24 (statutory cities); 368.01, subdivision 15 (urban towns); and 365.10, subdivision 17 (other towns). 38 The combination of specific statutes authorizing counties to address nuisances appears to amount to a general authority. In particular, see Minnesota Statutes, sections 145A.05, subdivision 7 (public health) and 394.21, subdivision 3 (zoning). 39 St. Paul v. Gilfillan, 36 Minn. 298, 31 N.W. 49 (1886). Minnesota’s Public and Private Nuisance Laws Minnesota House Research Department Page 9 Local governments also may approach nuisance problems from a regulatory perspective, through the use of licensing fees. When a type of activity or business (such as an adult entertainment business) has the potential to deteriorate into a nuisance condition, the local government may choose to set the license fee for the activity at a high enough level to discourage a large number of license applicants. The courts historically have given local governments wide latitude to establish high licensing fees for these nuisance-prone businesses, at least with respect to activities that the local government could choose to prohibit instead of regulate.40 Nuisance Affecting Public Health The governing body of every city and county in the state is required to either undertake the responsibilities of a board of public health or establish such a board independently. Among the required duties of a board of public health, the county, or the city is the removal and abatement of public health nuisances.41 In undertaking its duties, a board of public health, the county, or the city is required to order the owner or occupant of property that is either a public health nuisance, source of filth, or a cause of sickness to remove or abate the threat within a time established by the board, not to exceed ten days. Notice must be properly served on the owner, occupant, or agent of the property before the board, county, or city may take further action.42 If the owner, occupant, or agent of the property does not comply with the board’s order, the board, county, or city (or its own agent) is required to remove the threat.43 The board, county, or city may seek an injunction in court against any nuisance or other activity that adversely affects the public health.44 An individual who deliberately hinders a member of a board of public health, a county, or a city from the performance of the member’s duties is guilty of a misdemeanor offense.45 Similarly, any member of a board of public health, county, or city that refuses or neglects to perform a duty imposed by statute or ordinance is guilty of a misdemeanor.46 40 Handbook for Minnesota Cities (St. Paul: League of Minnesota Cities, 2023 online edition), see Chapter 10, Licensing. 41 Minn. Stat. § 145A.04, subd. 8. 42 Notice for abatement or removal must be served on the owner, occupant, or agent of the property (1) by registered or certified mail; (2) by an officer authorized to serve a warrant; or (3) by a person aged 18 years or older who is not reasonably believed to be a party to any action arising from the notice. Minnesota Statutes section 145A.04, subdivision 8, provides a process to serve an absent property owner. 43 Minn. Stat. § 145A.04, subd. 8. 44 Minn. Stat. § 145A.04, subd. 9. 45 Minn. Stat. § 145A.04, subd. 10. 46 Minn. Stat. § 145A.04, subd. 11. Minnesota’s Public and Private Nuisance Laws Minnesota House Research Department Page 10 Private Nuisance Actions Separate from public nuisance but sometimes overlapping it, Minnesota statutes also recognize private nuisance. Private nuisance is a form of damage caused by wrongful conduct. The wrongful activity may consist of a statute or ordinance violation, or it may be lawful and involve intentional conduct, negligence, or an ultrahazardous activity. Private nuisance is defined formally as anything “injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.”47 Any person whose property is damaged or whose personal enjoyment is affected by the nuisance may bring an action in court to stop the activity.48 If successful, in addition to having the private nuisance activity stopped, the person filing suit may also recover damages sustained as a result of the activity. If the conduct both violates a public nuisance statute and interferes with an individual’s ability to freely use and enjoy property, the activity can be addressed both by the prosecutor through the public nuisance statute and by an individual’s separate private civil action for damages or an injunction. Business Activities While case law indicates a business should not be destroyed unless necessary to protect another’s rights, abatements have been ordered that have closed down legitimate businesses. Examples of business activities that Minnesota case law has recognized to be private nuisances include industrial plants transferring dust to adjacent residential property;49 a limestone quarry giving off noise, fumes, and odors;50 wastewater treatment plant odors;51 poultry and hog farm odors;52 and water and sewage runoff.53 47 Minn. Stat. § 561.01. 48 Id. See also Clean Water and Air Legacy, LLC v. Tofte Wastewater Treatment Association, 649 F.Supp. 764 (D. Minn. 2023), which discusses standing for a public nuisance claim and a standing for a private nuisance claim. 49 Heller v. American Range Corp., 234 N.W. 316 (Minn. 1931). 50 Brede v. Minnesota Crushed Stone Co., 178 N.W. 820 (Minn. 1920). 51 Fagerlie v. City of Wilmar, 435 N.W.2d 641 (Minn. App. 1989). 52 Schrupp v. Hanson, 235 N.W.2d 822 (Minn. 1975). 53 Highview North Apts. v. County of Ramsey, 323 N.W.2d 65 (Minn. 1982). Minnesota’s Public and Private Nuisance Laws Minnesota House Research Department Page 11 Agricultural Operations While courts have held that agricultural activities may in some circumstances constitute a nuisance, Minnesota law contains a specific protection for established agricultural operations.54 So long as the agricultural operation is located in an area zoned for agriculture, is in compliance with federal, state, and local laws and permits, and operates according to the generally accepted agricultural practices,55 the operation may not be considered either a public or private nuisance after two years from the date the operation was established as a matter of law.56 This protection for agricultural operations does not apply to certain animal feedlot facilities specified in law and does not prevent a prosecution for the crime of public nuisance or an action to abate a particular condition that is a public nuisance by a public authority.57 The protection also does not prevent the enforcement of zoning laws by local units of government.58 Animals Minnesota law specifically exempts an owner of land from liability for nuisance (or any other action) for damage caused by wild animals while on the owner’s property.59 However, a person who knowingly permits a domestic animal to run at large or trespass on private property may be subject to liability in a civil action, for up to three times the damages sustained as a result of the animal’s activity.60 An action for damage in this case would not formally be considered a “nuisance”; rather, an individual would seek recovery against the animal’s owner for trespassing on the property. Minnesota House Research Department provides nonpartisan legislative, legal, and information services to the Minnesota House of Representatives. This document can be made available in alternative formats. www.house.mn.gov/hrd | 651-296-6753 | Third Floor, Centennial Office Building | St. Paul, MN 55155 54 “Agricultural operation” means a facility and its appurtenances for the production of crops, livestock, poultry, dairy products or poultry products, but not a facility primarily engaged in processing agricultural products. Minn. Stat. § 561.19, subd. 1(a). 55 “Generally accepted agricultural practices” means those practices commonly used by other farmers in the county or a contiguous county in which a nuisance claim is asserted. Minn. Stat. § 561.19, subd. 1(c). 56 Minn. Stat. § 561.19. 57 The law does not protect “an animal feedlot facility with a swine capacity of 1,000 or more animal units as defined in the rules of the Pollution Control Agency for control of pollution from animal feedlots, or a cattle capacity of 2,500 animals or more.” Minn. Stat. § 561.19, subd. 2(c)(1). 58 Minn. Stat. § 561.19, subd. 2(c)(3). 59 Minn. Stat. § 561.051. 60 Minn. Stat. § 561.09. July 1, 2025 City of Spring Park 4349 Warren Ave., Spring Park, MN. 55384 Phone: (952)-471-9051 John Morast John.Morast@mooreengineeringinc.com Corrective Asphalt Materials, LLC, (CAM) thanks you for the opportunity to bid the City of Spring Park Pavement Preservation Project. Please accept the following as our formal proposal to apply Reclamite Maltene Based Rejuvenating Agent to selected asphalt pavement. Apply Reclamite to 10,200 SY of selected asphalt pavement CAM’s responsibilities: o Furnish and apply Reclamite o Furnish and apply lime screenings to roadways. o All traffic control and signs related to project o Street Sweeping post application o Handle any complaints or issues that may arise from application Unit Price: $1.40 SY Price: $14,280.00 Alternate: Add $0.03/SY if resident notifications to be delivered by CAM LLC. Add: $306.00 Mike Sumrall, Operations Manager will be contacting you to schedule the project. Info: mike.sumrall@cammidwest.com Cell: 630-465-4142 Billing Information (please fill out upon acceptance) Name : ____________________________ Address: _________________________________ Phone Number: _____________________ _________________________________ Again, thank you for the opportunity. We look forward to providing our professional services. Sincerely, Michael Sumrall Colleen West Operations Manager Business Development APPROVED BY: Sign Date 2025 Spring Park Crack seal route and seal 2750 Kelly Parkway Long Lake, MN 55356 https://mpasphalt.net 3315 Aetna Ave NE Buffalo, MN 55313 763-402-3526 Brent Weldon City of Orono 2750 Kelly Parkway 55356 (952) 249-4670 bweldon@ci.orono.mn.us Matt Leaf CEO (763) 402-3526 matt@mpasphalt.net Proposal Submitted To Work to be Performed At Company Contact PROPOSAL 6/4/2025 Brent Weldon City of Orono 2025 Spring Park Crack seal route and seal 2750 Kelly Parkway Long Lake, MN 55356 ESTIMATE DATE: 6/4/2025 https://mpasphalt.net Crack sealing ($3,500) Crack sealing ·Black Lake Road – approximately 0.30 miles ·Northern Avenue – approximately 0.10 miles ·Warren Avenue – approximately 0.20 miles ·West Arm West – approximately 0.15 miles Crack sealing Singular cracks that are 1/4 inch - 1.5" and not in alligatored areas will be routed. chip sealed roads will not be routed. with a mechanical routing machine 3/4 by 3/4 and thoroughly cleaned of all foreign matter with backpack or push power blower . The cracks will be properly sealed using the state-of-the-art, oil-jacketed crack sealing system with a rubberized hot pour material. In the oil-jacketed system the material is hydraulically agitated, then pressure fed through an oil-jacketed pump and injected under pressure directly into the crack at the optimum temperature to prevent decomposition of the material and to maximize adhesion. Not all cracks will be filled Cracks wider than 1.5" will not be filled Cracks less than an 1/8" will not be filled. Any Cracks shorter than 4ft long will not be filled. spider cracks will not be filled. Crack that have been previous filled will not be routed. Cracks previous sealed and broke open with vegetation growing from them will be sealed over. its not MP asphalt maintenance responsibility to remove vegetation from previously seal cracks. Total Bid: $3,500 Effective October 1st of every year if a Seal coat job is completed on or after October 1st there will be no warranty CONTRACT DOCUMENTS: Specification sheets, drawings and other documentation presented in this proposal shall be part of the contract. It is the responsibility of the customer’s authorized representative to be aware of the terms and conditions stated herein and of the other contract documentation. PAYMENT TERMS: NET BALANCE DUE 15 DAYS AFTER COMPLETION OF WORK. Unpaid balances will accrue a late fee of 10% per week until paid in full. In the event of your failure to conform to the terms and conditions of this agreement, you hereby agree to pay MP Asphalt Maintenance LLC all the sums earned to date. All major credit cards are accepted Residential Driveways Payment terms: Driveways will be paid upon completion of the job if not a $25 dollar charge will be added to the total cost per day. DEPOSIT: If the contracted amount exceeds $15,000.00, a deposit of 1/3 of the project price is required to schedule work unless noted otherwise in this agreement. PERMITS AND FEES: Owner is responsible for obtaining and paying for any required PERMITS, BONDS, and LICENSES, or plans required to obtain the aforementioned. WORK ACCESSIBILITY: The price quoted herein is contingent upon the work area being free of any obstructions (vehicles, dumpsters, etc) at the scheduled project start date and time. MP Asphalt Maintenance reserves the right to adjust the agreed upon project price if the job conditions prevent MP Asphalt Maintenance work crews from starting on time and proceeding without interruption. CLEANING EXPENSES: The owner understands that the work called for in this agreement is a messy process. The parties agree that MP Asphalt Maintenance is not responsible for cleaning, repairing, or replacing any concrete, carpet, floor, passageway, etc., that is soiled or stained by anyone other than MP Asphalt Maintenance employees. Sprinkler systems must be off 24 hrs. before and after. Bluing of sealer may accrue and is normal. it does not affect craftsmanship, warranty, or longevity. INDEMNITY:MP Asphalt Maintenance agrees to complete its work in a safe and workmanlike manner, and to take appropriate safety precautions. However, once installation is complete and customer takes possession of the work area, Owner/Customer understands and agrees that MP Asphalt Maintenance cannot be responsible for materials, area maintenance and safety, and therefore Owner/Customer assumes all responsibility in this regard, including but not limited to any and all personal injuries, deaths, property damage, losses, or expenses related to or in any way connected with the materials or services provided. To the fullest extent allowed by law, Owner/Customer agrees to indemnify, defend and hold MP Asphalt Maintenance and its agents harmless from all loss, expense, liability, or attorneys' fees in connection with any such damages or injuries occurring thereafter. Nothing contained within this paragraph means or should be construed to mean that MP Asphalt Maintenance or others shall be indemnified for their own negligence. CHOICE OF LAW & VENUE: To the fullest extent permitted by law, each provision of this contract shall be interpreted in such a manner as to be effective and valid under Minnesota law without regard to its conflict of laws principles. To the fullest extent permitted by law. ATTORNEY FEES & COSTS: In the event MP Asphalt Maintenance places any amounts owed under this proposal for collection with either a collection firm or attorney, MP Asphalt Maintenance shall be entitled to reasonable collection fees, attorney's fees and costs. TAXES: All taxes are included in the proposal price unless otherwise specified. ESCALATION CLAUSE: This contract has been based on material costs at current market rates. Due to uncertain market conditions that are beyond our control and in the event of future material price increases, the party responsible agrees to pay for the escalations of material without a charge order. This paragraph applies only to materials. TIMING: Due to fluctuation in the cost of raw materials, if the current date is 15 days past the proposal date, the customer should clarify that pricing is still valid. MATERIAL & WORKMANSHIP: All material is guaranteed to be as specified. Unless otherwise specified within this Proposal, MP Asphalt Maintenance warranties workmanship and materials for a period of 6 months from the date of completion. All driveways and overlays may experience cracking throughout the 1st winter and do not result in a warranty claim. All work shall be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra cost will be executed only upon written orders and will become an extra charge over and above the amount set forth above. We shall not be responsible for delays caused by strikes, accidents, weather or other contingencies beyond our control. Our workers are fully insured NON-DISCLOSURE: Customer acknowledges that information in this Proposal, including but not limited to pricing, determination of scope of work, method for evaluating parking lots, and methods of repair, constitute and include Confide MP Asphalt Maintenance Information. This Proposal shall not be shared, distributed or disseminated to any other contractor and Customer acknowledges that should it violate this provision monetary damages will not be an adequate remedy and shall be MP Asphalt Maintenance titled to injunctive relief in addition to any other remedy available in law or equity. ALTERATIONS TO THIS PROPOSAL: Alterations or notations to or to this Proposal will not be valid unless accepted in writing by an authorized representative of MP Asphalt Maintenance SEVERABILITY OF TERMS: Should any part of this agreement be deemed unenforceable, the remaining terms shall be severable and separately enforceable and shall remain in full force. Sincerely, MP Asphalt Maintenance Matt Leaf CEO Acceptance: As an authorized agent for the above, I accept this proposal for $______________. Signature:__________________________________ Date:______________________. To: Contact:City Of Spring Park Spring Park 2025 StripingProject Name:Bid Number:H25-0912 Email: Address:Spring Park, MN Phone: Project Location:City Of Spring Park, MN Bid Date:6/25/2025 Total PriceUnit PriceUnitItem DescriptionItem # Estimated 1 1.00 LS $2,680.00 $2,680.00PAVEMENT MARKINGS - PAINT Total Bid Price:$2,680.00 Notes: •1. This quote includes ONE mobilization to complete the entire project. Additional, if requested, are $750.00 each. •2. Does not include any interim or temporary pavement markings. Interim markings are NOT incidental to this quote. No installation or removal of temporary tape or TRPM's. •3. Does not include any signage, brooming, late season markings, trail striping, pavement marking removals, On-the-job training, or TERO taxes/fees. •4. Owner/engineer must be on site to assist and approve layout of all new pavement markings. •5. If awarded, the prime contractor must include the terms & conditions of this proposal within the contract. •6. Sir Lines-A-Lot requires a minimum of 5 business days notice to schedule our work and must receive up-to-date plans prior to scheduling. •7. This quote is valid for up to 60 Days after Bid Date. Must receive signed quote or contract within this timeframe. •8. All pavement markings are quoted as surface applied PAINT only. Not ground in or wet reflective. •9. Scope of work is limited to pavement marking items called out on attached map. 4" Broken Skip Line (green dots), and parking stall striping. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: Sir-Lines-A-Lot Authorized Signature: Estimator:TJ Phillips (612) 434-0090 tj.phillips@linesalot.com Page 1 of 1 CITY OF SPRING PARK BUILDING CODE FEE SCHEDULE Page 1 of 5 Effective Date: January 1, 2019 Last Updated: 3/26/19 (formatting only) Residential Fees (for permits that are issued over-the-counter and have flat-rate fees) (Definition of residential: IRC-1 Single Family Dwelling: Any building that contains one dwelling unit used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or occupied for living purposes. IRC-2 Two-Family Dwelling: Any building that contains two separate dwelling units with separation either horizontal or vertical on one lot used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or occupied for living purposes. IRC-3 – Townhouse: Definition: A single-family dwelling unit constructed in a group of two or more attached units in which each unit extends from the foundation to the roof and having open space on at least two sides of each unit. Each single-family dwelling unit shall be considered to be a separate building. Separate building service utilities shall be provided to each single-family dwelling unit when required by other chapters of the State Building Code. IRC-4 Accessory Structure: Definition: A structure not greater than 3000 ft2 in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling(s) and which is located on the same lot. Maintenance Permit Fees: • Re-Roof: $50.00 see handout for when building permit is required • Re-Side: $50.00 see handout for when building permit is required • Re-Window: $50.00 replacement of same size windows (Exception: egress windows – see handout) • Re-Door (Exterior): $50.00 replacement of same-size exterior doors • Garage (overhead) door: $50.00 replacement of same size doors Zoning Permit Fees: • Shed (under 200 sq. ft.) $50.00 no state surcharge • Fence (under 7’ in height) $50.00 no state surcharge • Retaining Wall (under 4’ in height) $50.00 no state surcharge (Fences over 7’ in height and retaining walls over 4’ in height require building permits submitted for plan review and are based on valuation) Plumbing Permit Fees: • New fixtures: $10.00 per fixture, ($75.00 minimum) • Lawn Irrigation Systems: $50.00 • Fixture Maintenance: $50.00 (This permit is for replacing a previously existing fixture or appliance where only disconnecting and reconnecting of existing pipes or ducts is to be done. Changing vent systems, running new drain or supply lines, or replacing or installing new ductwork, pipes, or vents is not fixture maintenance. Examples include Sink, Toilet, Water Softener, or Water Heater Replacement.) Mechanical Permit Fees: • New appliances: $37.50 per appliance ($75.00 minimum) (for new construction only: furnace and A/C are considered one unit) • Gas Line (with mechanical permit): $15.00 per gas line, $30.00 minimum • Gas Line only permit: $50.00 • Fire Place insert – see Above (Mechanical Permits) • Fire Place masonry – Based on valuation (building permit required) • Fixture Maintenance: $50.00 (This permit is for replacing a previously existing appliance where only disconnecting and reconnecting of existing pipes or ducts is to be done. Changing vent systems, running new gas lines, or replacing or installing new ductwork, pipes, or vents is not fixture maintenance. Examples include Furnace, Boiler, or A/C Replacement.) CITY OF SPRING PARK BUILDING CODE FEE SCHEDULE Page 2 of 5 Commercial Fees (includes all projects not defined as residential on page 1) ALL Commercial permit applications require plan review, and permit fees are based on valuation (includes, re-roof, re-side, re-window, and re-door). Plumbing and Mechanical Permit Fees = Valuation Based Permits Building Permit minimum: $75.00 Plumbing minimum: $75.00 Mechanical minimum: $75.00 Gas line minimum (unless included with other mechanical work): $50.00 Fire Sprinkler Systems require regular building permit; fees are based on valuation Fire Alarm Systems require regular building permit; fees are based on valuation Valuation Based Fees (Residential and Commercial building permit fees when plan review is required) Fee Schedule Base: 1997 +25% Value up to (and including): For the first: Plus For each additional: $1,200 $75.00 1,200 - $2,000 $75.00 1,200 $3.50 $100 or fraction thereof $25,000 $102.50 $2,000 $17.75 $1,000 or fraction thereof $50,000 $510.75 $25,000 $12.75 $1,000 or fraction thereof $100,000 $829.50 $50,000 $8.85 $1,000 or fraction thereof $500,000 $1272.00 $100,000 $7.10 $1,000 or fraction thereof $1,000,000 $4112.00 $500,000 $6.00 $1,000 or fraction thereof 1,000,001 and up $7112.00 $1,000,000 $5.00 $1,000 or fraction thereof *Pursuant to MN Rules Chapter 1300.0160 subpart 3, Building permit valuations shall be set by the Building Official. For determining the permit valuation, the Building Official will use the supplied valuation with a minimum value as calculated by the current Building Valuation Data Table, published each May by the Department of Labor and Industry and other data, as needed, for projects not otherwise specified. CITY OF SPRING PARK BUILDING CODE FEE SCHEDULE Page 3 of 5 Building Permit Related Fees – commercial and/or residential • Plan Check/Document Evaluation fee: 65% of the Permit Fee for Residential and Commercial Projects when valuation-based permits require plans/documents to be submitted for review, including required plumbing plan review. • Master Plan: When submittal documents for similar plans are approved, plan review fees shall not exceed 25 percent of the normal building permit fee established and charged for the same structure. Plan review fees for the master plan review is 65% of the permit fee. • Review of state approved plans: 25% of the plan review required by the adopted fee schedule (for orientation to the plans) • Residential Site Inspection (including initial S.E.C.), required for all new construction (new homes, detached garages, accessory structures) $50.00 • Commercial Site Inspection (including initial S.E.C.), required for all new construction (new buildings and accessory structures) $90.00 • S.E.C. (Soil and Erosion Control) $.0006 x permit valuation for all Building Permits except re-roof, re- side, window replacement, decks & interior remodels. Minimum $150.00 new home or commercial construction, minimum $50.00 on any other non-exempt construction. • Demolition Permit Fees: Based on valuation • Exterior Structures: Retaining Wall (over 4’ in height): based on valuation Fence (over 7’ in height): based on valuation Sheds (over 200 sq. feet): based on valuation Swimming Pools: Seasonal Swimming Pools: $50.00 Seasonal residential swimming pools requiring permits (over 24” and 5000 gallons, installed entirely above grade) are allowed to be installed with a single application and approval provided that the same pool is installed in the same location each year. Once approved, the pool may be put up and taken down any number of times. A site plan is required to be approved as a part of the permit submittal, and must be kept on site for review as needed.) Permanent and In-ground Swimming Pools: Based on Valuation Moved in Structures: • Pre-moved in single family dwelling – code compliance inspection: $175.00 plus travel time and mileage from municipality office (as calculated by Google maps) • Pre-moved in accessory structure – code compliance inspection: $125.00 plus travel time and mileage from municipality office (as calculated by Google maps) • Connection fee – Moved in structure: $200.00 (does not include foundation/interior remodel) • Manufactured home installation: $275.00 (does not include foundation/interior remodel) plus connection fees (if applicable) • Connection fee – plumbing: $50.00 • Connection fee – mechanical: $50.00 • Site work for manufactured, prefab, or moved in home (foundation, basement, etc.): valuation based CITY OF SPRING PARK BUILDING CODE FEE SCHEDULE Page 4 of 5 Electrical Permits A Minimum Fee Per Inspection Trip – Includes 4 circuits (more than 4 see Section D below) $40.00 Additional Inspection trips for Reinspection/Bonding/Equipotential Plane/etc. $40.00 B Residential – one and two-family dwelling units (up to 3 trips included) Per unit 1. New Dwelling Unit, up to and including a 200 amp service………………………………… 2. New Dwelling Unit, 201 amp to 400 amp service…………………………………………… 3. Existing Dwelling unit, additions, alterations, or repairs up to & including a 200 amp service, fees as per C&D below but not to exceed…………………………………………. 4. Existing Dwelling Unit, additions, alterations, or repairs 201 amp to 40 amp service, fees as per C&D below but not to exceed…………………………………………………… 5. New or Existing Dwelling unit, 401 amp service or above…………………………….…… $125.00 $175.00 $125.00 $175.00 See C & D C New or Upgraded Services, Temp. Services, Generators, Other power supply sources, or feeders to separate structures Each 1. Up to and including 200 amp service………………………………………………………… 2. 201 amp to and including 400 amp service…………………………………………………. 3. 401 amp to and including 800 amp service…………………………………………………. 4. 801 amp service and above…………………………………………………………………… $50.00 $100.00 $200.00 $300.00 D Fees for circuits/feeders & Transformers Per circuit 1. 0 to 200 amp………………………………………………………………………………….... 2. Above 200 amp………………………………………………………………………………... 3. Transformers up to 10 KVA…………………………………………………………………... 4. Transformers over 10 KVA……………………………………………………………………. $10.00 $15.00 $20.00 $30.00 E Multi-Family Dwellings Per unit 1. Each dwelling unit $50.00 F Alarm, Communication, Signaling Circuits, or less than 50 volts Each 1. Each system device or apparatus $0.50 G For inspections not covered on this form or for required special inspections (hourly) $60.00 H Commercial plan review fee (if required) is 25% of Total Permit Fee I Work started or finished without permit is 2 times the required permit fee State Surcharge Fees State Surcharge: Schedule is based on the currently adopted State Surcharge Table – per MN Statute 326B.148 State Surcharge is applicable on all permits unless otherwise noted. CITY OF SPRING PARK BUILDING CODE FEE SCHEDULE Page 5 of 5 Other Inspections and Fees 1. Re-inspection Fee - A re-inspection fee may be assessed for each inspection or re- inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. On valuation-based building permits, this fee is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of the code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. Re- inspection fees shall also be assessed when: 1) the address of the jobsite is not posted, 2) the inspection record card is not posted or provided at the worksite, 3) the approved plans are not readily available for the inspector, 4) full access to the site is not provided for the inspector, 5) the inspector is not met by the responsible individual (no show), 6) on residential (IRC) maintenance permits where corrections are required to be inspected, and 7) deviations from the approved plans occur without prior building official approval. Re-inspection fees are due on or before the re-inspection. Payment shall be made payable to the Municipality: $60 each 2. Inspections outside of normal business hours (will include travel time both ways – 2 hour minimum): $75/hr. 3. Inspections for which no fee is indicated, Miscellaneous and Special Services (1/2 hour minimum): $75/hr. 4. Additional Plan Review required by changes, additions, or revisions to approved plans (½ hour minimum): $75/hr. 5. Special Investigation fee (work started without obtaining a permit) – applies whether permit is issued or not: 100% of permit fee 6. Copy charge (black/white 8 ½ x 11) – per side: $.25/sheet 7. Copy charge (black/white 11 x 17 and 8 ½ x 14) – per side: $.50/sheet 8. Copy charge (color 8 ½ x 11) – per side: $1.00/sheet 9. Copy charge (color 11 x 17 and 8 ½ x 14) – per side: $2.00/sheet 10. Print or Copy charge (large plan sheet)(color or black/white) $4.00 11. Replacement permit card fee – short card (8 ½ x 7): $25.00 12. Replacement permit card fee – long card (8 ½ x 14): $40.00 13. License Look-Up (contractor license verification): $5.00 14. Lead Certification (for eligible construction) (contractor Lead Certification Verification): $5.00 15. Permit Renewal within 6 mos. of expiration (no plan changes, no code changes, new permit number): 50% of original permit fee 16. Change of Use of occupancy classification: $100.00 17. Pre-Final inspection (new home or structure) – 2 hour minimum: $75/hr. 18. Temporary Certificate of Occupancy – Escrow (less costs to administer)** $1,000.00 19. Refunds: Plan review (if plan review has not started) 100% Plan review (if plan review has started - partial) 50% Plan review (if plan review has been completed) 0% Permit fee (if work has not started) within 6 months of permit issuance by municipality 75% Maintenance Permits 0% Permit Valuation is based on supplied construction value with a minimum of the calculated value from the approved building department valuation schedule. **This would be a City imposed fee. Rationale for Proposed Fee Schedule Changes • Spring Park has not updated its permit fees since 2019. Fee schedule changes that are made too infrequently are much more jarring to permit applicants than are gradual changes. • Fee change suggestions have been made to those fees that were significantly out of line with other jurisdictions and/or with costs to the City. o Maintenance permit fees (residential roofing, siding, windows/doors) were raised from $50 to $75. o Single inspection trip permits for residential plumbing and mechanical work were raised from $50 to $65. o Zoning fees (for permits that utilize SAFEbuilt inspectors) were raised from $50 to $75. o The Moved-In House fee was added to distinguish moved-in homes from moved-in other structures. The moved-in structure fee remains $200, and the Moved-In House fee was updated to $275, to align with the Manufactured Home fee. o The Residential Site inspection fee was raised from $50 to $65. o The Commercial Site inspection fee was raised from $90 to $95. o Re-inspection fees and hourly fees were updated (see last page). o Commercial permit fees had their minimums updated from $75 to $100, and a Demolition fee minimum of $100 was added. o The valuation table was updated to eliminate valuation categories under $2000, set the lowest permit fee to $100, and raise the fees for the permit valuations of $25,000 and up. You’ll notice on the Fee Comparison spreadsheet that except for valuations affected by the new minimum, valuations under $25,000 actually decrease a bit, while those over $25,000 increase incrementally. The vast majority of Spring Park building permit valuations are in the under $25,000 category. • One fee change was made for simplicity. o It’s easier to calculate a residential plumbing permit fee at the rate of “$80.00 (plus $10.00 per fixture after 8 fixtures)” than at the rate of “$75.00 (plus $10.00 per fixture after 8 fixtures”). • Some fees were removed, as they are no longer relevant to our work. o The Duplicate Permit Card fees were removed, as duplicate cards can simply be printed from our permitting software and do not need to be done by hand. o The copy charges were removed, except for the “large plan” fee (the large plan copies require the use of a plotter). o The Electrical Fee table was removed, as electrical permitting was delegated to the State as of 12/1/2024. CITY OF SPRING PARK (Proposed) BUILDING/MECHANICAL/PLUMBING CODE PERMIT FEE SCHEDULE Page 1 of 4 Effective Date: ____________ State Surcharge The State Surcharge is a State fee imposed on all permits issued by municipalities. The State Surcharge amount is based on MN Statute 326B.148, subdivision 1, which can be viewed here → https://www.revisor.mn.gov/statutes/cite/326B.148 Permit Fees Pursuant to MN Rules Chapter 1300.0160 subpart 4, permits fees shall be based on valuation except: • one- and two-family dwelling maintenance permits for roofing, siding, windows, doors, or other minor projects may be charged a fixed fee. • permits for plumbing, mechanical, electrical, or other building service equipment systems may be based on valuation or charged a fixed fee. Valuation Pursuant to MN Rules Chapter 1300.0160 subpart 3, The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include the total value of all construction work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment, and permanent systems. The building permit valuation shall be set by the Building Official. For determining the permit valuation, the Building Official will use the supplied valuation with a minimum value as calculated by the current International Code Council Building Valuation Data Table (and other data as needed, for projects not specified in that table). Valuation Table (See separate fee comparison spreadsheet) Fee Schedule Base: 1997 (+10%) Value up to (and including): Base Amount: For the first: Plus: For each additional: $2000.00 $100.00 $25,000.00 $100.00 $2000.00 $17.90 $1,000 or fraction thereof $50,000.00 $511.70 $25,000.00 $13.00 $1,000 or fraction thereof $100,000.00 $836.70 $50,000.00 $9.00 $1,000 or fraction thereof $500,000.00 $1286.70 $100,000.00 $7.25 $1,000 or fraction thereof $1,000,000.00 $4186.70 $500,000.00 $6.15 $1,000 or fraction thereof Over $1,000,000.00 $7261.70 $1,000,000.00 $5.00 $1,000 or fraction thereof Plan Review/Compliance Verification Fees – (Commercial and Residential) Unless otherwise noted, all permits require a review for compliance with applicable codes. • Plan Review/Compliance Verification: o 65% of the Permit Fee • Review of State-approved plans: o 25% of the Plan Review/Compliance Verification fee identified above. • Plan Review/Compliance Verification for master and similar plans: o 65% of the permit fee for the original plan review o 25% of the permit fee for similar plans o The use of these fees must be identified upon submittal of the master plan. CITY OF SPRING PARK (Proposed) BUILDING/MECHANICAL/PLUMBING CODE PERMIT FEE SCHEDULE Page 2 of 4 Residential Permit Fees (Definition of residential: IRC-1 Single Family Dwelling: Any building that contains one dwelling unit used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or occupied for living purposes. IRC-2 Two-Family Dwelling: Any building that contains two separate dwelling units with separation either horizontal or vertical on one lot used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or occupied for living purposes. IRC-3 – Townhouse: Definition: A single-family dwelling unit constructed in a group of two or more attached units in which each unit extends from the foundation to the roof and having open space on at least two sides of each unit. Each single-family dwelling unit shall be considered to be a separate building. Separate building service utilities shall be provided to each single-family dwelling unit when required by other chapters of the State Building Code. IRC-4 Accessory Structure: Definition: A structure not greater than 3000 ft2 in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling(s) and which is located on the same lot. Unless identified below, all residential permits require a valuation, and fees shall be calculated using the Valuation Table. Fixed Fees are as follows and do not require a review for compliance: Maintenance Permit Fees (for one- and two-family dwellings and accessory structures only): • Re-Roof: $50.00 $75.00 - Replacement of like-for-like roof covering materials only • Re-Side: $50.00 $75.00 - Replacement of siding material only • Re-Window: $50.00 $75.00 - Replacement of same size windows • Re-Door/Garage door: $50.00 $75.00 - Replacement of same size doors Plumbing Permit Fees: • New fixtures: $75.00 $80.00 (plus $10.00 per fixture after 8 fixtures) • Lawn Irrigation Systems: $50.00 $65.00 • Fixture Replacement: $50.00 $65.00/fixture Mechanical Permit Fees: • New appliances/fireplace inserts: $75.00 minimum (plus $37.50 per unit after 2 units) • Gas Line (with mechanical permit): $15.00 per gas line, $30.00 minimum • Gas Line only permit: $50.00 $65.00 • Unit Replacement: $50.00 $65.00/unit • Fireplace masonry – Based on valuation (building permit required) Exterior Structure Fees The following exterior structure permits require a valuation and fees shall be calculated using the valuation table. • Retaining Wall (over 4’ in height) • Fence (over 7’ in height) • Sheds (over 200 sq. feet) • Permanent and In-ground Swimming Pools Retaining Walls under 4’, Fences under 7’, Sheds under 200 sq. feet, and Seasonal Swimming Pools require a zoning permit: $50.00 $75.00 (no state surcharge) (Seasonal residential swimming pools requiring permits (over 24” deep or 5000 gallons in capacity, installed entirely above grade) are allowed to be installed with a single application and approval provided that the same pool is installed in the same location each year. Once approved, the pool may be put up and taken down any CITY OF SPRING PARK (Proposed) BUILDING/MECHANICAL/PLUMBING CODE PERMIT FEE SCHEDULE Page 3 of 4 number of times. A site plan is required to be approved as a part of the permit submittal, and it must be kept on site for review as needed.) Commercial Permit Fees (Includes Structures that are not Residential as defined in the “Residential Permit Fees” Section; Fire Suppression & Alarm systems; Mechanical systems; and Plumbing systems) All commercial permits require a valuation and fees shall be calculated using the Valuation Table. • Building Permit minimum: $75.00 $100.00 • Plumbing Permit minimum: $75.00 $100.00 • Mechanical Permit minimum: $75.00 $100.00 • Gas Line Only Permit minimum: $50.00 $100.00 • Fire Suppression Permit minimum: $100.00 (new min) • Fire Alarm Permit minimum: $100.00 (new min) Demolition Permit Fees All demolition permits require a valuation and fees shall be calculated using the Valuation Table. • Demolition Permit minimum: $100.00 (new min) Manufactured (Mobile), and Moved In Structure Fees Foundations and interior remodels for these structures require separate permits which requires a valuation. Fees shall be calculated using the valuation table. • Pre-moved in single family dwelling Inspection: $175.00 plus travel time and mileage from municipality office (as calculated by Google maps) • Pre-moved in accessory structure Inspection: $125.00 plus travel time and mileage from municipality office (as calculated by Google maps) • Site work: Requires a valuation and fees shall be calculated using the Valuation Table • Moved In House: $200.00 $275.00 • Moved In Accessory structure: $200.00 • Manufactured (Mobile) Home: $275.00 • Plumbing Connection: $50.00 $75.00 • Mechanical Connection: $50.00 $75.00 Site, Sediment and Erosion Fees • Residential Site Inspection: $50.00 $65.00 o Required for new construction of/on homes, detached garages, and accessory structures. • Commercial Site Inspection: $90.00 $95.00 o Required for new construction of/on buildings and accessory structures. • S.E.C. (Sediment and Erosion Control): o .0006 x permit valuation for all permits requiring the monitoring the control of sediment and erosion on a construction site. o Minimum $150.00 (new home and commercial construction projects) o Minimum $50.00 (other projects) CITY OF SPRING PARK (Proposed) BUILDING/MECHANICAL/PLUMBING CODE PERMIT FEE SCHEDULE Page 4 of 4 Other Inspections and Fees Re-inspection Fee - A re-inspection fee may be assessed for each inspection or re- inspection when such portion of work for which inspection is requested is not complete or when required corrections are not made. On valuation-based building permits, this fee is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of the code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. Re-inspection fees may also be assessed 1) when full access to the site is not provided for the inspector, 2) when the inspector is not met by the responsible individual (no-show), 3) on fixed-fee permits where corrections are required to be inspected, and 4) when deviations from the approved plans have occurred without prior Building Official approval. Re-inspection fees are due on or before the re-inspection. Payment to be made payable to the Municipality: $60.00 $75.00 Inspections outside of normal business hours (includes travel time both ways with a 2-hour minimum): $75.00 $95.00/hr. Inspections for which no fee is indicated, miscellaneous and special services (half- hour minimum): $75.00 $95.00/hr. Additional Plan Review required by changes, additions, or revisions to approved plans (half-hour minimum) $75.00 $95.00/hr. Special Investigation fee (work started without obtaining a permit) 100% of permit fee Copy charge (black/white 8 ½ x 11) – per side: $.25/sheet Copy charge (black/white 11 x 17 and 8 ½ x 14) – per side: $.50/sheet Copy charge (color 8 ½ x 11) – per side: $1.00/sheet Copy charge (color 11 x 17 and 8 ½ x 14) – per side: $2.00/sheet Print or Copy charge (large plan sheet)(color or black/white) $4.00 Replacement permit card fee – short card (8 ½ x 7): $25.00 Replacement permit card fee – long card (8 ½ x 14): $40.00 Residential Contractor License verification (for eligible projects) MN Statute 236B.815 Subd. 2 $5.00 Lead Certification verification (for eligible projects) MN Statute 236B.103 Subd. 13 $5.00 Permit Renewal within 6 mos. of expiration (no plan changes, no code changes, new permit number) 50% of original permit fee Change of Use with no other permits issued $100.00 Pre-Final inspection (new home or structure) – 2 hour minimum: $75/hr. Temporary Certificate of Occupancy – Escrow (less costs to administer)** $1,000.00 Refunds for Issued Permits: NOTE: The permit applicant is responsible to pay the Plan Review fee (if the Review has been completed) even if the project is cancelled prior to permit issuance. Fixed-fee permits 0% Plan review fee 0% Permit fee (if work not started) within 6 months of issuance by municipality 75% 80% **This would be a City imposed fee. Valuation Permit Fee Plan Review Total Permit Fee Plan Review Total Difference 2023 Permits $500.00 $75.00 $48.75 $123.75 $100.00 $65.00 $165.00 $41.25 $2000 and under 6 $1,000.00 $75.00 $48.75 $123.75 $100.00 $65.00 $165.00 $41.25 $2,000.00 $103.00 $66.95 $169.95 $100.00 $65.00 $165.00 ($4.95) $5,000.00 $155.75 $101.24 $256.99 $153.70 $99.91 $253.61 ($3.38)$2001-$25,000 22 $10,000.00 $244.50 $158.93 $403.43 $243.20 $158.08 $401.28 ($2.15) $25,000.00 $510.75 $331.99 $842.74 $511.70 $332.61 $844.31 $1.57 $50,000.00 $829.50 $539.18 $1,368.68 $836.70 $543.86 $1,380.56 $11.88 $25,001-$50,000 2 $100,000.00 $1,272.00 $826.80 $2,098.80 $1,286.70 $836.36 $2,123.06 $24.26 $50,001-$100,000 2 $500,000.00 $4,112.00 $2,672.80 $6,784.80 $4,186.70 $2,721.36 $6,908.06 $123.26 $100,001-$500,000 5 $1,000,000.00 $7,112.00 $4,622.80 $11,734.80 $7,261.70 $4,720.11 $11,981.81 $247.01 $500,001-$1,000,000 0 Current Fee Schedule Proposed Fee Schedule 2024 Permits to Date $2000 and under 6 $2001-$25,000 23 $25,001-$50,000 4 $50,001-$100,000 3 $100,001-$500,000 5 $500,001-$1,000,000 5 City of Spring Park 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 WWW.CI.SPRING-PARK.MN.US Subdivision Ordinance Memo To: City Council From: Mike Anderson, City Administrator Subject: Subdivision Ordinance The City of Spring Park currently does not have any procedures in place or any regulation language for redevelopment, subdivisions, or platting in its zoning code. Staff, the Planning Commission, the City Planner, and the City Attorney have reviewed the ordinance language and are recommending Council approval. As there is currently no process in place, if a large parcel of land sells and a developer wants to redevelop or subdivide the land, we do not have any regulations or restrictions in place to ensure the safe development of the land, ensure attractive subdivisions, and protect the health, safety, and welfare of the community. Recommend approval of this ordinance language for immediate recording and codification. CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO. 25-03 AN ORDINANCE AMENDING CHAPTER 42: ZONING AND SHORELAND ORDINANCE, ARTICLE 111: SUBDIVISION/PLATTING, SECTION 42 -105 THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA ORDAINS AS FOLLOWS: SECTION 42-105: SUBDIVISION & PLATTING REGULATIONS All subdivisions of land submitted shall fully comply in all respects with the regulations to: 1) Provide for and guide the orderly, economic, and safe development of land, urban services and facilities. 2) Encourage well-planned, efficient, and attractive subdivisions by establishing adequate and impartial standards for design and construction. 3) Provide for the health, safety, and welfare of residents by requiring the necessary services such as properly designed streets and adequate sewage and water service. 4) Place the cost of improvements against those benefiting from their construction. 5) Secure the rights of the public with respect to public lands and waters. 6) Preserve natural features, such as topography, trees, water courses, scenic points, prehistoric and historical locations or districts. 7) Protect community assets, which if preserved will add attractiveness, retain the character of the community, and provide stability to the proposed development of the property and surrounding area. 8) Set the minimum requirements necessary to protect the public health, safety, comfort, convenience, and general welfare. 9) The enforcement, amendment, and administration of this chapter shall be consistent with the city's comprehensive plan, as may be amended from time to time. The council recognizes the comprehensive plan as the official policy for the regulation of land use and development in accordance with the policies and purpose herein set forth. In accordance with Minnesota Statutes, Chapter 473, the city will not approve any changes in these regulations that are not consistent with the city's comprehensive plan. 10) Shall conform to all applicable provisions of the zoning ordinance and city code requirements Scope of legal authority. This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, §§ 462.351 to 462.365. The rules and regulations governing plats and subdivisions of land contained in this chapter shall apply within the boundari es of the city. It is the intent that this chapter shall apply to all lots or parcels, platted or not platted, if it is the intent to develop the lots in a manner that uses two or more lots for development or resub divides any lots of record. This chapter is not intended to repeal, annul, or in any way impair or interfere with existing provisions of other laws or ordinances or with restrictive covenants running with the land except those specifically repealed by or in conflict with this chapter. More Restrictive Provision to Apply Where this chapter imposes a greater restriction upon land than is imposed or required by existing provisions of law, ordinance, contract, or deed, the provisions of this chapter shall control. The city shall have the power and authority to review, amend, and approve subdivisions of land already recorded and on file with the county if such plats are entirely or partially undeveloped. Administration. This chapter shall be administered by the city administrator or their designee. Amendments. The provisions of this chapter shall be amended by the city following a legally advertised public hearing before the planning commission. The city council shall amend the chapter by a majority vote of the full city council in accordance with the law, inclu ding the rules and regulations of any applicable state or federal agency. Approvals necessary for acceptance of subdivision plats. Before any plan (including condominiums), or subdivision of land shall be recorded or be of any validity, it shall be referred to the planning commission and approved by the city council as having fulfilled the requirements of this chapter. Conditions for recording. No plat or subdivision shall be entitled to be recorded in the county recorder's office or have any validity until the plat has been prepared, approved, and acknowledged in the manner prescribed by this chapter. Building permits. No building permits shall be issued by the city for the construction of any building, structure, or improvement to the land or to any lot in a subdivision until all requirements of this chapter have been fully complied with. Separability. It is hereby declared to be the intention of the city that the several provisions of this chapter are separable in accordance with the following: a) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment. b) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, such judgment shall not affect the application of said provision to any other property not specifically included in said judgment. Nonplatted subdivisions a) Registered land surveys. All registered land surveys shall be filed subject to the same procedures as required for the filing of a preliminary plat for platting purposes. The standards and requirements set forth in this chapter shall apply to all registered land surveys. b) Metes and bounds. Except in highly unique situations, as may be allowed by the city council, conveyances by metes and bounds shall be prohibited. Violations and penalty. 1. Sale or advertisement of lots from unrecorded plats. It shall be a misdemeanor to sell, trade, advertise for sale, or otherwise convey any lot or parcel of land as a part of, or in conformity with, any plan, plat, or replat of any subdivision or area located within the jurisdiction of this chapter unless su ch plan, plat, or replat shall have first been recorded in the county recorder's office. 2. Receiving or recording unapproved plats. It shall be unlawful for a private individual to receive or record in any public office any plans, plats of land laid out in building lots and streets or other portions of the same intended to be dedicated to public or private use, or for the use of purch asers or owners of lots fronting on or adjacent thereto, and located within the jurisdiction of this chapter, unless the same shall bear thereon, by endorsement or otherwise, the approval of the city council. 3. Misrepresentations. It shall be a misdemeanor as set forth in Minn. Stats. § 609.02 for any person owning an addition or subdivision of land within the city to represent that any improvement upon any of the streets or avenues of such addition or subdivision or any sewer or u tility in such addition or subdivision has been constructed according to the plans and specifications approved by the city council, or has been supervised or inspected by the city, when such improvements have not been so constructed, supervised, or inspected. 4. Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with all applicable laws. Violations may also be subject to civil enforcement including injunctive relief, st op work orders, and denial of permits or city services pursuant to Minn. Stat. § 462.362 Schedules of administrative fees, charges, and expenses. (a) Fees and charges, as well as expenses incurred by the city for engineering, planning, attorney, and other services related to the processing of applications under this chapter shall be paid for by the applicant and collected by the city administrator for deposit in the city's accounts. Fees for the processing of requests for platting, major and minor subdivisions, review of plans, and such other subdivision -related procedures may from time to time be established by city council resolution. The city coun cil may also establish fees by resolution for public hearings, special meetings, or other such city council or planning commission actions as are necessary to process applications. (b) Such fees and charges (as well as a deposit/escrow) shall be collected prior to city action on any application. All such applications shall be accompanied by a written statement from the applicant/owner (when the applicant is not the same person or entity as the landowner, both the owner and the applicant must sign the statement) whereby the applicant/owner agrees to pay all applicable fees, charges, and expenses as set by city resolution as provided above, and which allows the city to assess the fees, charges, and expenses described in this section against the landowner if such monies are not paid within 30 days after a bill is sent to the applicant/landowner. (c) These fees shall be in addition to building permit fees, inspection fees, trunk stormwater facility costs, sewer and water availability charges, zoning fees, charges, expenses, and other such fees, charges, and expenses currently required by the city o r which may be established by city council resolution in the future. Procedures for Filing and Review Sketch plan. (a) Procedure. In order to ensure that all applicants are informed of the procedural requirements and minimum standards of this chapter, and the requirements and limitations imposed by other city ordinances, plans, and/or policies prior to the preparation of a preliminary plat, all applicants shall present a sketch plan to the city administrator prior to filing a preliminary plat. Submission of a sketch plan shall not start the 60 -day review period, as required by state law, for consideration of a preliminary plat. The c ity administrator shall review the sketch plan and schedule a meeting with the applicant to discuss the subdivision and the application process. Approval of a sketch plan shall not be considered binding regarding subsequent plat review. The city administrator may, with agreement of the applicant, refer the sketch plan to the planning commission and/or city council for review and comment. (b) Submission requirements. The following are required for the submission of a sketch plan for review: (1) Written request for sketch plan review. (2) An electronic copy at a readable scale of the plat sketch including the following minimum information: a. Plat boundary. b. North arrow. c. Scale. d. General location of proposed streets, easements, pedestrian paths, ponds, water detention areas, etc. e. Designation of land use and current and proposed zoning. f. Significant topographical or physical features. g. General lot locations and layout. (3) Escrow deposit, as determined necessary by the city administrator to pay review costs of city staff and consultants. Preliminary plat. Pursuant to Minn. Stats. § 15.99, an application for a preliminary plat shall be approved or denied by the city council within 60 days from the date of its official and complete submission, unless notice of extension is provided by the city or a time waive r is granted by the applicant. The city may extend the review and decision -making period an additional 60 days to the extent allowed by state law. a) After the pre-application meeting and following city review of the sketch plan, the applicant may prepare a request for subdivision, as provided within this chapter, that shall be filed with the city on an official application form. Such an application shall be accompanied by a fee as provided for by city council resolution. Such application shall also be accompanied by and electronic copy of the preliminary plat, and supportive information in conformity with requirements of this chapter. The scale of such materials shall be at the graphic scale of one inch to 20 feet, except as specifically approved by the city administrator. The request shall be considered officially submitted and the application approval timeline commences only when all the informational requirements, as required, are complied with and the required fees are paid. b) The applicant shall supply an up-to-date certified abstract of title, registered property report, or such other evidence as the city attorney may require showing title or control of the applicant, and the legal description of the property for which the subdivision is requested. c) The applicant shall submit any necessary applications for variances from the provisions of this chapter, as set out in article II of this chapter. d) Upon receipt of the completed application, the city administrator shall set a public hearing for public review of the preliminary plat by the planning commission. The notice of the hearing may be a legal or display advertisement and shall include a description or depiction that is sufficient to fulfill statutory requirements that shall be published in the official newspaper at least ten (10) days prior to the hearing. Written notification of the hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the records of the proceedings. The city shall post a sign on the property to notify the public that the land in question is the subject of a hearing by the planning commission or city council. e) Failure of a property owner to receive such notice shall not invalidate any such proceedings as set forth within this section, provided that a bona fide attempt has been made to comply with the notice requirements of this section. f) The city administrator shall instruct the staff as appropriate to prepare technical reports and provide general assistance in preparing a recommendation on the action to the planning commission and city council. This may include the city planner, city engineer, city building official, the fire marshal, the city attorney, the city forester, or public or private utility departments, among others. g) The applicant shall refer copies of the preliminary plat to county, state, or other public jurisdictions for their review and comment, where appropriate and when required. h) The city administrator, the city council, and/or planning commission shall have the authority to request, in writing, additional information from the applicant concerning the proposed subdivision and its operational factors or impact, or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors or impacts, when such information is to be declared necessary to comply with performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information shall be grounds for denial of the request. i) The applicant or a designated representative shall appear before the planning commission at the public hearing to answer questions concerning the proposed request. j) The planning commission shall make its report to the city council after the close of public hearing, or soon thereafter, as described above. City Council Action, Upon completion of the report of the planning commission, the request shall be placed on the agenda of the city council. Such report shall be entered in and made part of the permanent written record of the city council meeting. Upon receiving the report of the planning commission, the city council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the p ublic health, safety, and welfare. The city council may refer the matter back to the planning commission for further consideration. The city council shall provide the planning commission with a written statement detailing the specific reasons for referral. Approval of the preliminary plat by the city council shall require passage by a majority vote of the entire city council. If the preliminary plat is approved, such approval shall not constitute final acceptance of the design and layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this chapter to be indicated on the final plat. The city council may impose such conditions and restrictions as it deems appropriate or require such revisions or modifications in the preliminary plat or final plat as it deems necessary to protect the health, safety, comfort, general welfare, and convenience of the city. If the preliminary plat is not approved by the city council, the reasons for such action shall be recorded in the proceedings of the city council and shall be transmitted to the applicant as a finding of fact. The city council reserves the right to decline approval of a preliminary plat if due regard is not shown for the following considerations. Review of the preliminary plat shall also be subject to the criteria for denial of plats found in other sections of t his code: a) Preservation, to the extent possible, of the existing topography as specified in this chapter. b) Preservation of trees and vegetative growth. c) Preservation of natural water courses as specified in the general floodplain ordinance. d) Preservation of historic locations and districts as specified in this Code. e) Integration with existing neighborhoods and districts which, if preserved, will add attractiveness, retain character of the community, and provide stability to the proposed development of the property and surrounding area. Residential area integration shall include factors such as housing density, building pad layout, lot size, and design as it relates to the surrounding lots and neighborhood character. Commercial area integration shall include factors such as lot size and width and site issues as specified in this chapter. f) Following city council approval of a preliminary plat, the applicant must submit a final plat to the city within 120 days of preliminary approval. If this procedure is not followed, then approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing by the applicant 30 days prior to the lapse of approval and subsequently approved by the city administrator. g) Should the applicant desire to amend a preliminary plat as approved, an amended preliminary plat may be submitted. The city may require the applicant to follow the same procedure as a new preliminary plat. No public hearing will be required unless the amendment, in the opinion of the city, is of such scope as to constitute a new preliminary plat. A filing fee as established by the city council shall be charged for the amendment processing. Submission requirements. The applicant shall prepare and submit a preliminary plat, together with any necessary supplementary information. The preliminary plat shall contain the information set forth in the subsections that follow (upon specific request, the city administrator ma y exempt an applicant from the submission of data that are not considered relevant to the application). General requirements. The proposed name of the subdivision; names shall not duplicate or be alike in pronunciation to the name of any plat theretofore recorded in the city . a) Location of boundary lines in relation to a known section, quarter section, or quarter-quarter section lines comprising a legal description of the property. b) Name, address, and phone number of the record owners, any agent having control of the land, the applicant, land surveyor, engineer, and designer of the plan. c) Graphic scale of one inch to 20 feet, except as specifically approved by the city administrator. d) North point and key map of the area, showing well -known geographical points for orientation within a one-half-mile radius. e) Applications, statements, and supporting documentation and plans for rezoning, variances, or conditional use permits approvals being sought for the subdivision. f) A tree preservation and protection plan, that shows those trees proposed to be removed, those to remain, and the types and locations of trees and other vegetation that are to be planted in conformance with city requirements. Existing conditions. Boundary lines to include bearings, distances, curve data, and total acreage of proposed plat, clearly indicated. a. Existing zoning classifications for land in and abutting the subdivision. b. Total area of the proposed plat. c. Location, right-of-way width, and names of existing or platted streets or other public ways, other rights-of-way, parks and other public lands, permanent buildings and structures, easements and section, corporate lines within the plan, to a distance 150 feet beyond the plat. d. Boundary lines of adjoining unsubdivided or subdivided land, within 150 feet of the plat, identified by name and ownership, including all contiguous land owned or controlled by the applicant. e. Any reports on the environmental condition of the site conducted prior to the time of application submission for the proposed subdivision. f. Where the applicant owns property adjacent to that which is being proposed for the subdivision, it shall be required that the applicant submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be required to integrate well with existing or potential adjacent subdivisions and land uses and the provisions of the city's adopted comprehensive plan. g. Topography in two-foot contour intervals with existing contours shown as dashed lines and proposed contours as solid lines. Existing topography shall extend 100 feet outside of the tract or a distance necessary to demonstrate the impact of surface drainage upon surrounding properties. h. Location, size, and elevation of all existing natural features including, but not limited to, wooded and vegetated areas, marshes, watercourses, water bodies, areas of steep slope, and other significant features. i. Location of all existing storm drainage facilities including, but not limited to, pipes, manholes, catch basins, ponding areas, swales, and drainage channels within 100 feet of the parcel. Existing pipe grades, rim and invert elevations, and ordinary high water mark shall be shown. Also, spot elevations at drainage break points and direction arrows indicating site, swale, and lot drainage. j. The delineation of all wetlands in accordance with criteria established by the Army Corps of Engineers and/or state department of natural resources. Such wetland delineations shall be performed by a registered land surveyor or engineer recognized as qualified by the Army Corps of Engineers and/or state department of natural resources. k. 100-year floodplain elevations and the regulatory flood protection elevation taking into consideration the flood insurance study and flood insurance rate map. l. Location and size of existing sewers, water mains, culverts, or other underground facilities within and extending 100 feet beyond the proposed subdivision boundary. Such data as grades, invert elevations, and location of catch basins, manholes, and hydrants shall also be shown. Proposed design features. Layout of proposed streets showing the right -of-way widths, centerline gradients, roadway widths, typical cross sections, and proposed names of streets in conformance with city street identification policies. The name of any street heretofore used in the city or its environment shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. Complete curve data, including radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs. Locations and widths of proposed pedestrian ways. Location, dimension, and purpose of all easements. Layout, numbers, lot areas, and preliminary dimensions of lots and blocks, and out lots. Minimum front and side street building setback line. When lots are located on a curve, the width of the lot at the building setback line, as defined by the city zoning ordinance, as amended. Building pads intended for construction. A parking plan and lighting plan for the development. A security plan for the development. Areas, other than streets, bikeways, pedestrian ways, and utility easements, intended to be dedicated or reserved for public use, including the size of such areas in acres. Supplementary information. Any or all of the supplementary information requirements set forth in this subsection shall be submitted when deemed necessary by the city administrator, or by a majority vote of the planning commission and/or city council to adequately address the application and site in question. 1. Proposed protective covenants or private restrictions. 2. A traffic study to include trip generation data and an analysis of the impact to the city's roadways and intersections. The information to be included in the study and the analysis methods shall be subject to the approval of the city engineer. 3. Statement revealing the effect of the development on fire hazards and population density. The applicant may be required to have formal studies performed to the city's satisfaction which show the effect of the proposed development on fire hazards or other matters of public concern. 4. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights in the applicant. 5. Where structures are to be placed, lots that exceed the area required by the zoning ordinance, the preliminary plat shall indicate a logical way in which the lots could possibly be re-subdivided in the future. 6. An environmental assessment worksheet (EAW) shall be submitted if required by the city council, or if requested by Minnesota Environmental Quality Board. Whenever a project that does not require an environmental assessment worksheet is suspected to have the potential for environmental effects, the state, county, or city may require the preparation of a discretionary environmental assessment worksheet in order to determine whether an environmental impact statement is needed. 7. Where irregular shaped lots have been proposed, house pads shall be depicted which demonstrate such lots to be buildable. 8. Soil tests as required by the city engineer. 9. Such other applicable information as may be required by the city. Preliminary grading plan. The applicant shall submit a preliminary grading, drainage, and erosion control plan which shall include the following information: 1. North arrow. 2. Graphic scale of one inch to 20 feet, except as specifically approved by the city administrastor. 3. Lot and block numbers. 4. Building pad locations, proposed building types, and proposed elevations. 5. Location and elevations of all street high and low points. 6. All street design grades and typical street sections. 7. Phasing of grading. 8. The location, dimensions, and purpose of all drainage and utility easements. 9. A plan for soil erosion and sediment control both during construction and after development has been completed. The plan shall include gradients of waterways, design of velocity and erosion control measures, design of sediment control measures, and land scaping of the erosion and sediment control system. Locations and standard detail plates for each measure shall be included on the plan. 10. All revegetation measures proposed for the subdivision, including seed and mulch types and application rates, shall be included on the plan. 11. All existing conditions shall be included on the grading plan, as required by the city engineer. Preliminary utility plan. 1. Location, dimension, and purpose of all drainage and utility easements. 2. Water mains shall be provided to serve the subdivision by extension of an existing community system. Service connections shall be stubbed into the property line and all necessary fire hydrants shall also be provided. All water systems shall be looped in accordance with the subdivision design standards of the city and as required by the city engineer. Extensions of the public water supply system shall be designed to provide service in accordance with design standards approved by the city engineer. 3. Sanitary sewer mains and service connections shall be planned in accordance with the subdivision design standards of the city and as approved by the city engineer. 4. Locations, grades, rim and inverted elevations, and sizes of all storm and sanitary sewers and opportunities to serve the proposed subdivision. 5. Location and size of all proposed water mains and appurtenances. 6. All existing conditions shall be included in the grading plan, as required by the city engineer. Final plat. After the preliminary plat has been approved, a final plat shall be submitted for review as set forth in the subsections which follow. The city may agree to review the preliminary and final plat simultaneously. The final plat shall incorporate the changes, modifications, and revisions required by the city as part of the conditions for preliminary plat approval. (1) All final plats shall comply with the provisions of state statutes and requirements of this chapter. (2) Review of a final plat. a. Pursuant to Minn. Stats. § 15.99, an application for a final plat shall be approved or denied by the city council within 60 days from the date of its official and complete submission, unless notice of extension is provided by the city or a time waiver is granted by the applicant. The city may extend the review and decision - making period an additional 60 days to the extent allowed by state law. b. Five large scale (22 inches by 34 inches) copies, and one reduced scale (11 inches by 17 inches) copy of the final plat, and supportive information in conformity with the requirements of this chapter shall be submitted by the applicant. The scale of such materials shall be at a graphic scale of one inch to 20 feet, except as specifically approved by the city manager administrator. If the final plat is referred to the planning commission for recommendation, additional large scale copies of the plat may be required. Upon receipt of a final plat, copies shall be referred to the city council and city manager administrator, and to all applicable utility companies and county and state agencies. The applicant shall provide an up -to-date certified abstract of title, registered property report, or such other evidence as the city attorney may require showing title or control of the applicant. c. The city council may refer the final plat to the planning commission for recommendation if it is found that the proposed final plat is substantially different from the approved preliminary plat or the requirements of the preliminary plat are not resolved. In such cases, the planning commission shall submit a report thereon to the city council within 45 days. d. The city administrator shall, as appropriate, submit reports and recommendations to the city council. e. Prior to city council approval of a final plat, the applicant shall have executed a subdivision agreement with the city, which controls the installation of all required improvements and ensures compliance with all conditions of approval. The agreement shall specify whether public or private financing of improvements or a combination of both shall be used for the development improvements. Such agreement shall also require all improvements and approval conditions to comply with approved engineering standards and applicable regulations. f. Approval of a final plat by the city council shall be by a majority vote of the entire city council. g. Upon receiving an approved final plat in conformance with the requirements of the city, the designated representatives of the city shall sign the plat, and the applicant, as a condition of approval, shall record the approved and signed final plat with the county registrar of deeds within 60 days, or the approved final plat shall be considered void. h. The applicant shall, within 30 days of recording, furnish the city with three blue or black line prints, two mylars (22 inches by 34 inches) of the final plat showing evidence of the recording, one reduced scale (11 inches by 17 inches) copy of the plat, and a digital copy in a format acceptable to the city engineer. Failure to furnish such copies shall be grounds for refusal to issue building permits for lots within a plat. Submission requirements. The applicant shall submit a final plat together with any necessary supplementary information. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of state statutes and county regulations, and such final plat o r accompanying submittals shall contain the following information: (1) Name of the subdivision which shall not duplicate or closely approximate the name of any existing plat theretofore recorded in the city and which shall be subject to city council approval. (2) The name, address, and telephone number of the applicant/developer. (3) Location by section, city, range, county, and state, and including descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions. (4) The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments. The applicant shall provide coordinating data on all subdivision monumentation in a format approved by the city engineer. (5) Location of lots, out lots, streets, public highways, and parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines. (6) Lots and out lots shall be numbered clearly, blocks are to be numbered, with numbers shown clearly in the center of the block. (7) A drawing or listing of total square footage per lot, acreage per block, and total acres in the plat. (8) The exact locations, widths, and names of all streets to be dedicated. (9) Location, purpose, and width of all easements to be dedicated. (10) Name, registration, address, and phone number of surveyor making the plat. (11) The scale of the plat to be one inch to 20 feet to be shown graphically on a bar scale, date, and north arrow. (12) The applicant shall submit with the final plat certification to the city that there are no delinquent property taxes, special assessments, interest, or utility fees due upon the parcel of land to which the subdivision application relates. (13) Deed restrictions and protective covenants which involve a matter of public concern. (14) Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under, and along the designated areas marked "drainage and utility easements." (15) Statement dedicating all streets and other public areas not previously dedicated as follows: Streets and other public areas shown on this plat and not heretofore dedicated to public use hereby so dedicated. (16) A statement certifying the environmental condition of the site including the presence of any hazardous substance as defined by Minn. Stats. § 115B.02. Such a statement may be required to be based upon an environmental assessment of the site by an environmental engineering firm acceptable to the city. (17) Final grading, utility, and development plans shall be prepared in accordance with current federal, state, county, and city specifications. (18) Such other information that may be required by the city. Certification required. Certification by registered surveyor in the form required by Minn. Stats. § 505.03. Execution by all owners of any interest in the land and holders of a mortgage thereon of the certificates required by Minn. Stats. § 505.03, and which certificate shall include a dedication of the utility easements and other public areas in such form as ap proved by the city council. Space for certificates of approval and review to be filled in by the signatures of the mayor and city manager administrator in the following form: For Approval of the City: This plat of (name of plat) was approved and accepted by the City of Spring Park, Minnesota, at a regular meeting thereof held this _____ day of ___________, A.D. ___. CITY COUNCIL OF SPRING PARK, MINNESOTA Resubmission of a final plat. Whenever a final plat has been considered and denied by the city council, a similar application and proposal affecting the same property shall not be considered again by the planning commission or city council for at least six months from the date of its denial, except as follows: (1) If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous application have changed significantly. (2) The city council may reconsider such matter by a majority vote of the full city council. Land requirements. Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if the site or surrounding area is not suitable for the purposes proposed by reason of potential flooding, topography, or adverse soils. Land subject to hazards to life, health, or property shall not be subdivided until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the subdivision plan. Proposed subdivisions shall be coordinated, if necessary, with surrounding jurisdictions and/or neighborhoods, so that the city as a whole may develop efficiently and harmoniously. Subdivision design standards and construction. Subdivision design and construction standards, as they relate to grading, street, and utility improvements for subdivisions under this chapter, shall be adopted by ordinance of the city council and found as an appendix to these regulations. These design st andards may be amended from time-to-time by resolution. The subdivision design features as adopted by the city are minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets, and overall subdivision design, as deemed appropriate based upon site considerations and the comprehensive plan. Subdivision design standards, as they relate to lot design and layout are as follows: (1) Area. The minimum lot area, width, and depth shall not be less than that established by the zoning ordinance in effect at the time of adoption of the final plat. (2) Corner lots. Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in the zoning ordinance. When lots are located on a curve or when side lot lines are at angles other than at 90 degrees, the width of the building setback lines shall be shown. (3) Side lot lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. (4) Frontage. Every lot shall have the minimum frontage on a city approved public street, as required in the zoning ordinance. (5) Setback lines. Setback lines shall be shown on the preliminary plat for all lots and shall not be less than the setbacks required by the zoning ordinance, as may be amended. (6) Watercourses. Lots abutting a lake, watercourse, wetland, ponding area, or stream shall have additional depth and width, as required under the provisions of the zoning ordinance. (7) Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic locations, or similar conditions which if preserved will add attractiveness and stability to the proposed development. (8) Lot remnants. All remnants of lots below minimum size, except out lots created for specific public or private recreational use, must be added to adjacent lots, rather than allowed to remain as unusable parcels. (9) Political boundaries. No singular plat shall extend over a political boundary without document notification to the affected units of government. (10) Private streets. No new private streets shall be approved by City Council. (11) Frontage on two streets. Double-frontage, or lots with frontage on two parallel streets, shall not be permitted except: where lots back on arterial streets or highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. (12) Access to arterial streets. In the case where a proposed plat is adjacent to a limited access highway, other major highway, or other arterial street, there shall be no direct vehicular access from individual lots to such streets and roads. (13) Alleys. No new residential alleys shall be permitted. (14) Length. Block lengths shall not exceed 1,400 feet, and if possible, should not be less than 500 feet in length. (15) Arrangement. A block shall be so designated as to provide two tiers of lots, unless it adjoins a railroad or limited access highway and unless topographical conditions necessitate a single tier of lots. (16) Pedestrian ways. In blocks over 500 feet long, a pedestrian way or easement may be required in locations deemed necessary to public health, convenience, and necessity. Such an easement shall not be less than 15 feet in width. (17) Lots along thoroughfares. Residential lots shall be separated from major thoroughfares and railroad rights-of-way by a minimum of a 15-foot buffer strip, which may be in the form of added depth or width of lots backing on or siding on a thoroughfare or railroad right-of-way. A screen planting easement shall be granted to the city and shown upon the plat for the 15-foot buffer strip, if it adjoins a major thoroughfare. (18) Outlots. In such cases where out lots are created or exist, their area shall not be utilized in calculating minimums for buildable lot area requirements. Such out lots are also prohibited from qualifying for building permits except for public uses and private recreational uses accessory to allowable uses within the respective zoning district and which are properties under common ownership. (19) Flag lots. Flag lots shall be prohibited unless the lot frontage conforms with the minimum specifications within the city zoning district standards. In addition, under those instances where future subdivision of lots is feasible, a minimum public right-of-way pursuant to standards in this chapter shall be provided and dedicated to the city. Planned unit developments and condominium subdivisions. Planned unit development (PUD) and condominium subdivisions designed as a PUD shall comply with all applicable minimum requirements of the city zoning ordinance relating to construction of roadways, setbacks, and other matters as specified in a development agreement, as approved by the city council. Sidewalks, trails, and pedestrian ways. Adequate provisions for pedestrian and bicycle movement within the subdivision along the subdivision, and to adjoining property shall be provided in compliance with the comprehensive plan and policies established by the city council. All sidewalks, trails, and pedestrian paths shall be designed and constructed according to established city standards. Cross reference— Streets, sidewalks, and other public places Public utilities. (a) All extensions of public utilities, including water and sanitary sewer systems, shall be approved by the city engineer. (b) Extensions of the water supply system shall be designed so as to provide public water service to each lot. All water systems located in flood prone areas, whether public or private, shall be floodproofed to a point at or above the regulatory flood prot ection elevation. Water systems shall be in accordance with the subdivision design standards and the requirements of the city engineer. (c) Extension of the sanitary sewer system shall be designed so as to provide public sewer service to each lot. Cross reference— Utilities, Drainage. All subdivisions shall be in compliance with the rules and requirements of the Minnehaha Creek Watershed District. A complete and adequate drainage system design shall be required for the subdivision and may include a storm sewer system or system of open d itches, culverts, pipes, catch basins, ponding areas, and treatment or a combination thereof. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage and be pretreated prior to being discharged. Pretreat ment shall be considered satisfactory if the project meets the water quality requirements of the City of Spring Parks Engineering Design Standards, as well as Article 36 of the Zoning Code. Easements. (a) All easements shall be dedicated by appropriate language on the final plat as required by law and provisions of this chapter. (b) Easements of not less than ten feet for drainage and public and private utilities shall be provided on front lot lines and centered on rear, side, and other lot lines as approved by the city council. When it is not practical to center easements, the fu lly required easement width may be required along one property line. Such easements shall have continuity of alignment from block to block. The easements, when approved, shall not thereafter be changed without the approval of the city council pursuant to e stablished city regulations, as may be amended. (c) Easements shall be provided along each side of the centerline of any natural water course or drainage channel to a width sufficient to provide proper maintenance and protection and to provide stormwater runoff. Where necessary, drainage easements corresponding with lot lines shall be provided. Such easements for drainage purposes shall not be less than 20 feet in width or a width equal to the required side yard setback established by the respective zoning district in which the property is located, whichever is least. (d) Easements established over wetlands and major gas pipelines, or major electrical transmission easement areas shall be excluded from the calculation of minimum lot area as defined by this chapter. (e) The city may at its discretion choose to require out lots rather than easements for wetlands, drainageways, and other natural features. (f) Sightline easements beyond required zoning setback regulations may be required by the city, county, and state highway department to protect major intersections on the street and highway system. Erosion and sediment control. (a) The development shall conform to the natural limitations presented by topography and soil to create the least potential for soil erosion. All erosion sediment control measures and land disturbing activities shall comply with the subdivision design stan dards, the City's Engineering Design Standards of the Zoning Code, and as required by the city engineer. (b) Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion. (c) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. (d) In the event that permanent stabilization cannot be feasibly obtained within 14 days after construction activity in that portion of the site has temporarily or permanently ceased, and seven days if discharge points are located within one-mile of an impaired or special waterbody, temporary soil stabilization BMPs must be implemented within the timeframe. (e) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The soil shall be restored to a depth of four inches and shall be of a quality at least equal to the soil quality prior to development. Protected areas. Where land proposed for subdivision is deemed environmentally sensitive by the city due to the existence of water bodies, wetlands, drainageways, watercourses, floodable areas, vegetation, steep slopes, or historic sites, the design of such subdivision sha ll clearly reflect all necessary measures of protection to ensure against adverse environmental impacts. Such measures, when deemed appropriate by the city, may include, but shall not be limited to, the following: (1) The establishment of easements and/or outlots over wetlands, drainageways, watercourses, and water bodies. (2) The implementation of flood control measures. (3) The enlargement of lots or redesign of the subdivision. (4) The submission of a tree preservation and replacement plans and subject to the review of the city engineer and approval of the city council. (5) The utilization of appropriate erosion control measures, subject to approval by the city engineer. (6) Soil testing to determine the ability of the proposed subdivision to support development. (7) Structure conformance to the natural limitations presented by the topography and soil so as to create the least potential of soil erosion. Tree preservation and replacement. All subdivisions shall comply with any provisions of the city Code relating to the management, protection, and care of significant trees and other vegetative growth in the city. Dedication of stormwater holding areas or ponds. The applicant may be required to dedicate to the public land for stormwater holding areas or ponds. The stormwater holding area dedication shall not be considered part of the dedication for parks and recreation purposes or trail/bikeway purposes. Maintenan ce of stormwater holding ponds or other water retention areas is the responsibility of the applicant for the first five years, and cash shall be held by the city for pond maintenance under the provisions of the subdivision agreement. Maintenance of private open space. If certain land areas or structures are provided within the subdivision for private recreational use or as service facilities, the owner of such land and buildings shall enter into an agreement with the city to ensure the continued operation and maintenance to a predetermined reasonable standard. These common areas may be placed under the ownership of one of the following depending upon which the city shall determine is most appropriate: (1) Dedicated to public where community-wide use would be anticipated; (2) Applicant's ownership and control; or (3) Property owners' association ownership and control, provided all of the following conditions are met: a. The property owners' association must be established prior to the sale of any lot; b. Membership must be mandatory for each owner and any successor in interest; c. The open space restrictions must be in perpetuity, not for a given period of years; d. The association must be responsible for liability insurance, local taxes, and the maintenance of the recreational area and facilities; e. Landowners must pay their prorated share of the cost and any assessment levied by the association that can become a lien on the property in accordance with law; and f. The association must be able to adjust the assessment to meet changed needs. Improvements required. Prior to the approval of a final plat by the city council, the applicant shall have agreed, in the manner set forth in this section, to install the following improvements on the site when required by the city council, in conformity with approved constructi on plans and in conformity with all applicable standards and ordinances: (1) Monuments shall be placed at all block corners, angle points, points of curves, in streets, and at intermediate points as shown on the final plat and as required by the city engineer. Pipes or steel rods shall be placed at the corners of each lot and at each intersection of street center lines. All United States, state, county, or other official benchmarks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position. All monuments shall be set in accordance with Minn. Stats. ch. 505. (2) The full width of the right -of-way of each street dedicated in the plat shall be cleared and graded as outlined in the subdivisions design standards of this chapter. (3) All streets shall be improved with concrete or bituminous surface, except as may be approved by action of the city council as part of a subdivision agreement. Pavement standards are outlined in the subdivision design standards of this chapter. (4) Public water facilities shall be installed in accordance with the standards and specifications as outlined in the subdivision design standards of this chapter and subject to the approval of the city engineer, at the expense of the applicant. (5) Public sanitary waste disposal systems shall be installed in accordance with the standards and specifications as outlined in the subdivision design standards of this chapter and subject to the approval of the city engineer, at the expense of the applicant. (6) Concrete curb and gutter, as recommended by the city engineer and approved by the city council, shall be installed along both sides of all streets to the standards listed in the subdivision design standards of this chapter. (7) Such facilities and easements shall be installed at the expense of the applicant under city approval and will adequately provide for the drainage of surface waters, and a storm sewer system may be required. Drainageway easements or land dedication may be required when such easements or land is needed in the public interest for purposes of floodplain management, proper drainage, wetland protection, prevention of erosion, pedestrian access to water bodies, or other public purpose. (8) All utilities including, but not limited to, telecommunications, electric and/or gas lines, shall be placed as outlined in the subdivision design standards of this chapter. (9) Where a larger size water main, sanitary sewer, storm sewer, storm drain, or similar facility is required to serve areas outside the subdivision than would be required by the subdivision design standards, the incremental cost for the larger facility shall be at the city's expense, unless provided for as outlined in the subdivision agreement. (10) Street name signs, traffic control signs, pavement marking, and other improvements as required by the city engineer shall be installed and paid for by the applicant. Construction plans, inspection, and warranty. Construction plans for the required improvements conforming in all respects with the standards and ordinances of the city shall be prepared at the applicant's expense by a professional engineer who is registered in the state, and such plans shall contain professional certification. Such plans, together with the quantities of construction items, shall be submitted to the city engineer for an estimate of the total costs of the required improvements and recommendations to the city council. Upon city council approval, such plans shall become a part of the required written agreement. The mylar copies of the plans approved by the engineer, plus four prints, shall be furnished to the city to be filed as a public record. All required improvements on the site that are to be installed under the provisions of this chapter shall be constructed under the periodic observation of the city, at the applicant's expense, and acceptance by the city shall be subject to the city enginee r's certificate of substantial compliance with the contract. The applicant and/or developer shall provide to the city a written warranty of a minimum of two years that all required improvements on the site meet or exceed all city standards, that such improvements have been inspected and tested in regards to the city standards, and a warranty bond for 150 percent of the city engineer's estimate of the cost of the improvements. The applicant and/or developer shall be responsible for having all such inspections and testing completed at their expense. Any work which, in the opinion of the city engineer, does not meet the specifications set forth in this section shall, upon written order from the city engineer, be removed immediately and replaced, or corrected and paid for by the applicant. The cost of a ll inspection and supervision required to ensure correction of the unacceptable work and all tests necessary to ensure that such faulty work has been corrected shall be paid for by the applicant. The city will not accept any street for permanent maintenance until after correction of faulty or unacceptable construction. Installation of improvements. The required improvements listed are to be furnished and installed at the sole expense of the applicant. If any improvement installed within the subdivision will be of substantial benefit to land beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement, representing the benefit to such lands, to be allocated in accordance with city policies. The city reserves the right to elect to install all or any portion of the improvements required under this section pursuant to state statutes, as may be amended. The city may require the applicant to post a financial guarantee, as outlined to ensure paymen t of assessments for the costs of installing the required improvements. Development Agreement. (a) Private installation of improvements. (1) Prior to approval of the plat and the installation of any required improvements, the applicant shall enter into an agreement in writing with the city requiring the applicant/developer to furnish and construct such improvements at their sole cost and in accordance with plans and specifications and usual contract conditions. This shall include provision for observation of details of construction by the city. The agreement shall require all public and private utility material standards and installation requirements be met and shall be approved by the city engineer. (2) The agreement shall require the applicant to make a financial guarantee as determined by the city. The amount of the deposit or penalty amount of the security is to be based on the applicant’s estimate of the total cost (to be reviewed and approved by the City Engineer) of the improvements to be furnished under the contract, including the cost of inspection. The deposit or penalty amount shall equal 150 percent of the applicant’s estimate. (3) On request of the applicant, but at the sole discretion of the city, the agreement may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat. In such event, and if evidence is presented that the work described and improvements have been paid for, the amount of the deposit or bond may be reduced in a sum equal to the estimated cost of the improvements so completed prior to the acceptance of the plat. (4) The time for completion of the work and the several parts of such work shall be determined by the city council, upon recommendation of the city engineer after consultation with the applicant. It shall be reasonable with relation to the work to be done, the seasons of the year, and proper coordination with construction activities in the plat and subdivision. (b) City installation of improvements. (1) Any person desiring to have utility and street improvements installed may request the city to install them, subject to the conditions set out in subsection (b)(2) of this section and to the approval and authorization thereof by the city council and as authorized by state law. (2) If approved by the city council, the person requesting the installation of such utility and street improvements shall supply a security amount approved by the city guaranteeing payment for the installation of the improvements in an amount based on the city engineer's estimate of the total cost of the improvements to be installed. The deposit or penalty amount shall equal 150 percent of the city engineer's estimate of the cost of installation of the improvements. The security to be supplied to the city shall be payable on such terms and conditions as found by the city council to be reasonable and necessary to ensure that the costs of the improvements are properly secured and paid. The terms of the subdivision agreement shall provide that the city shall install the on -site public utility improvements within three years from the date of the plat and within such period the subdivider shall pay for all costs of such improvements. Any balance remaining after such improvements have been made and paid for shall be returned to the applicant. If insufficient cash is held in escrow to pay for the improvements, special assessments shall be levied for the purpose of paying for the same. The city council shall have the privilege of extending the three -year period available for construction of improvements. Financial guarantee. The agreement shall require the applicant to make a financial guarantee as determined by the city. The escrow deposit, certified check, irrevocable letter of credit, or other guarantee shall conform to the requirements of this section. (b) Escrow deposit; certified check. (1) If an escrow deposit or certified check is required, the escrow deposit or certified check shall be made out to the city in a sum equal to 150 percent of the total costs calculated by the city for all the improvements to be furnished and installed by the applicant pursuant to the contract, which have not been completed prior to approval of the plat. An additional cash deposit shall be furnished for costs of city inspections, and any necessary review by the city engineer and city attorney. Such deposit shall be equal to a sum determined by the city engineer. (2) The city shall be entitled to reimburse itself out of such deposit or check for any cost and expense incurred by the city for completion of the work in case of default of the applicant under such agreement, and for any damage sustained on account of any breach of such agreement. (3) Upon completion of the work and termination of any liability, the balance remaining in such deposit or check from this subsection (b) shall be refunded to the applicant upon approval by the city engineer. (c) Irrevocable letter of credit. (1) If the applicant is required to furnish an irrevocable letter of credit, the penal sum shall be payable to the order of the city and delivered to the city in an amount calculated by the city engineer, of all the improvements to be furnished and installed by the applicant pursuant to the contract, which have not been completed prior to the approval of the plat. An additional cash deposit shall be furnished for costs of city inspections. Such deposit shall be equal to a sum determined by the city engineer. (2) The irrevocable letter of credit shall be approved as to form by the city attorney and filed with the city administrator. (3) The city shall be entitled to reimburse itself out of such letter of credit for any cost and expense incurred by the city for completion of the work in case of default of the applicant under such contract, and for any damages sustained on account of any breach of contract. (4) Upon completion of the work and termination of any liability, the letter of credit shall be released or returned to the applicant upon approval by the city attorney. (d) Other financial guarantees. Other methods of financial guarantee may be accepted by the city pursuant to the approval of the city administrator and city attorney. Improvements completed prior to approval of the final plat. Improvements within a subdivision which have been completed prior to application for approval of the final plat, or execution of the contract for installation of the required improvements, shall be accepted as equivalent improvements in compliance with the requirements of this chapter only if the city engineer certifies that the existing improvements conform to applicable standards and if evidence of payment for the work that has been completed is presented in such form as the city reasonably requires. Effective Date. This ordinance shall be in full force and effective immediately upon its passage and publication. ADOPTED by the City Council of Spring Park this 7th of April, 2025. CITY OF SPRING PARK By: _______________________________ Mark Chase, Mayor ATTEST: By: _______________________________ Jamie Hoffman, City Clerk