HomeMy WebLinkAbout7B - Public Improvements
AGENDA ITEM # 7B
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Atturneys::i( Law
nltnna" J. C.lm~,hdl
({\'~~r N. Knuts'ln
ll\Utnm; M. SCtlLt
('j:uv G. Fuc.:hs
Jium:s R. W.\I~wn
Ell ion 13. Knc:rsc:n
Sll~ln L....;\ r.\C:l:
(612) 452~5000
Fnx (612) 452~5550
July 8, 1996
Al,dl'l:a Md)l.IwcII1\,,,,'hI..'r
Marth~w K. Br"kl
John F. Kelly
M;JrUll~ritt. M. Md.~ilrmn
GcorL:\.' T. Sr\:l"h~'n!\t1tl
TO:
FROM:
RE:
========================~-=======-====~====
Mayor and City Council
Suesan Lea Pace, City Attorney
Bidding Requirements for Public Improvements Constructed by Subdividers
At the last Council meeting several issues arose in connection with approving the fmal
plat of Eagle Creek Villas.
I. BACKGROUND
The Development Agreement itself is silent as to the fact that the Developer will be
constructing and/or upgrading certain public improvements, and that the City will be paying the
Developer for the work. Exhibit D to the Development Agreement provides for a payment af
$99,102.85 by the City to the Developer for storm sewer constmction. The City is also paying
the Developer to purchase property from the Developer's wetland bank, to upgrade Priorwood
Street from an 7 -ton street to a 9-ton streett for design facilities outside of the plat, and for the
cost of right-of-way constIUction greater than 60 feet along Duluth AVenue. In the aggregate,
Exhibit D to the Development Agreement indicates that the City will owe the Developer a total
of $121,693.65.
n. QUESTION
Based upon the foregoing facts, the Mayor raised the question of whether the City must
competitively bid the construction of the public improvements which will be installed and
necessitated as a consequence of the plat. The competitive bidding question was referred to the
City Attorney for comment.
m. ANSWER
The City may contract with a Subdivider for the installation of public improvements
without competitive bidding. Minn. Stat. i462.358 Subd. 2a (a copy of which is attached)
provides that "Sections 471.345 and 574.26 do not ~llply to improvements made by a subdivider v
or a subdivider's contractor. It Minn. Stat. 1471.345 is the Unifonn Municinal Contractinsr Law
which requires a municipality to obtain competitive bids for the sale or purchase of supplies,
materla1s, equipment or the rental thereof, or the construction, alteration, repair or maintenance
of real or personal property where the contract is estimated to exceed $25 ,000.00. Minn~ Stat.
1574.26 is the Public Contractors Perfa"'la~ and PaYment Bond Ad; which requires contracts
for the doing of public work to provide for a payment bond and a performance bond from the
contractor.
Suite 317 · Ea,gnnuale Office Center · 1380 (~;rp(.)rc:lte Cencer Curve . Eagan, MN ) 5121
871
HOUSING. REDEVELOPMENT. PUNNING. ZONING 462.358
is located. The board or governing body as the case may be. may pennit as a variance
the temporary use of a one family dwelling as a two family dwelling. The board or gov-
erning body as the case may be may impose conditions in the granting of variances to
insure compliance and to protect adjacent properties.
Subd. 6a. Nonnal residential surroundings for handicapped. It is the policy of this
state that handicapped persons and children should not be excluded by municipal zon-
ing ordinances or other land use regulations from the benefits of normal residential sur-
roundings. For purposes of subdivisions 6a through 9, "person" has the meaning given
in section 245A.OZ, subdivision 11.
Subd. 7. Permitted single family use. A state licensed residential facility serving six
or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445
to serve 14 or fewer children shall be considered a permitted single family residential
use of property for the purposes of zoning.
Subd. 8. Permitted multifamily use. Except as otherwise provided in subdivision
7 or in any town, municipal or county zoning regulation as authorized by this subdivi-
sion, a state licensed residential facility serving from 7 through 16 persons or a licensed
day care facility serving from 13 through 16 persons shall be considered a permitted
multifamily residential use of property for purposes of zoning. A township, municipal
or county zoning authority may require a conditional use or special use permit in order
to assure proper maintenance and operation of a facility, provided that no conditions
shall be imposed on the facility which are more restrictive than those imposed on other
conditional uses or special uses of residential property in the same zones, unless the
additional conditions are necessary to protect the health and safety of the residents of
the residential facility. Nothing herein shall be construed to exclude or prohibit residen-
tial or day care facilities from single family zones if otherwise permitted by a local zon-
ing regulation.
History: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1973
c 539 s 1: 1973 c 559 s 1.2: 1975 c 60 s 2: 1978 c 786 s 14.15: Ex1979 c 2 s 42.43: 1981
c 356 s 248: 1982 c 490 s 2: 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c 194
s 23: 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2: 1990 c 391 art 8 s 47; 1990 c 568 art
2 s 66.67: 1994 c 473 s 3
462.358 PROCEDURE FOR PUJ.'f EFFECTUATION; SUBDIVISION REGULA-
TIONS.
Subdivision 1. [Repealed, 1980 c 566 s 35]
Subd. 1a. Authority. To protect and promote the public health, safety, and general
welfare, to provide for the orderly, economic, and safe development ofland, to preserve
agricultural lands, to promote the availability of housing affordable to persons and fam-
ilies of all income levels, and to facilitate adequate provision for transportation, water,
sewage, storm drainage, schools, parks, playgrounds, and other public services and
facilities, a municipality may by ordinance adopt subdivision regulations establishing
standards, requirements, and procedures for the review and approval or disapproval
of subdivisions. The regulations may contain varied provisions respecting, and be
made applicable only to, certain classes or kinds of subdivisions. The regulations shall
be uniform for each class or kind of subdivision.
A municipality may by resolution extend the application of its subdivision regula-
tions to unincorporated territory located within two miles of its limits in any direction
but not in a town which has adopted subdivision regulations; provided that where two
or more noncontiguous municipalities have boundaries less than four miles apart, each
is authorized to control the subdivision of land equal distance from its boundaries
within this area.
Subd. 2. [Repealed, 1980 c 566 s 35]
/ _ Subd. 2a. Terms of regulations. The standards and requirements in the regulations
~ay address without limitation: the size, location, grading. and improvement of lots,
462.358 HOUSING, REDEVELOPMENT, PLANNING, ZONING
872
structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply,
storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and
design of sites; access to solar energy; and the protection and conservation of flood
plains, shore lands, soils, water, vegetation, energy, air Quality, and geologic and
ecologic features. The regulations shall require that subdivisions be consistent with the
municipality's official map if one exists and its zoning ordinance, and may require con-
sistency with other official controls and the comprehensive plan. The regulations may
prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent
with the comprehensive plan and the purposes of this section, particularly the preserva-
tion of agricultural lands. The regulations may prohibit, restrict or 'control development
for the purpose of protecting and assuring access to direct sunlight for solar energy sys-
tems. The regulations may prohibit, restrict, or control surface, above surface, or sub-
surface development for the purpose of protecting subsurface areas for existing or
potential mined underground space development pursuant to sections 469.135 to
469.141, and access thereto. The regulations may prohibit the issuance of building per-
mits for any tracts, lots, or parcels for which required subdivision approval has not been
obtained.
The regulations may permit the municipality to condition its approval on the con-
struction and installation of sewers, streets, electric, gas, drainage, and water facilities,
and similar utilities and improvements or, in lieu thereof, on the receipt by the munici-
pality of a cash deposit, certified check, irrevocable letter of credit, or bond in an
amount and with surety and conditions sufficient to assure the municipality that the
utilities and improvements will be constructed or installed according to the specifica-
tions of the municipality. Sections 471.345 and 574.26 do not apply to improvements
made by a subdivider or a subdivider's contractor.
The regulations may permit the municipality to condition its approval on compli-
ance with other requirements reasonably related to the provisions of the regulations
and to execute development contracts embodying the terms and conditions of
approval. The municipality may enforce such agreements and conditions by appropri-
ate legal and equitable remedies.
Subd. 2b. Dedication. The regulations may require that a reasonable portion of any
proposed subdivision be dedicated to the public or preserved for public use as streets,
roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas
or ponds and similar utilities and improvements.
In addition, the regulations may require that a reasonable portion of any proposed
subdivision be dedicated to the public or preserved for conservation purposes or for
public use as parks, playgrounds, trails, wetlands, or open space; provided that (a) the
municipality may choose to accept an equivalent amount in cash from the applicant
for part or all of the portion required to be dedicated to such public uses or purposes
based on the fair market value of the land no later than at the time of final approval,
(b) any cash payments received shall be placed in a special fund by the municipality
used only for the purposes for which the money was obtained, (c) in establishing the
reasonable portion to be dedicated, the regulations may consider the open space, park,
recreational, or common areas and facilities which the applicant proposes to reserve
for the subdivision, and (d) the municipality reasonably determines that it will need
to acquire that portion of land for the purposes stated in this paragraph as a result of
approval of the subdivision.
Subd. 3. [Repealed, 1980 c 566 s 35]
Sub'd. 3a. Platting. The regulations may require that any subdivision creating par-
cels, tracts, or lots, shall be platted. The regulations shall require that all subdivisions
which create five or more lots or parcels which are 2-1/2 acres or less in size shall be
platted. The regulations shall not conflict with the provisions of chapter 505 but may
address subjects similar and additional to those in that chapter.
Subd. 3b. Review procedures. The regulations shall include provisions regarding
the content of applications for proposed subdivisions, the preliminary and final review
and approval or disapproval of applications, and the coordination of such reviews with