§ 152.026  PROCEDURE FOR PRELIMINARY PLAT.
   (A)   Filing.
      (1)   Per the published application calendar, the applicant shall file a request for preliminary plat approval and the accompanying fee and escrow as adopted by ordinance. After the city has received the request for a plat approval, it shall inform the applicant within ten days whether the submittal was complete. If deemed not complete, the applicant will be informed of needed material or information to be made complete. If no notification of completion is made by the city within 15 days, the request will be placed on a regular Planning Commission agenda for consideration.
      (2)   The application shall be accompanied by a fee and escrow as provided for by City Council ordinance.
      (3)   The application shall also be accompanied by electronic and print copies of a preliminary plat and supportive information in conformity with requirements of this chapter and application checklists. The preliminary plat shall be considered as being officially submitted only when all of the information requirements of this chapter are complied with, the appropriate fees paid, and escrows deposited.
      (4)   Where appropriate, the city staff will meet with the applicant to discuss the request and related information. Upon receipt of all the required information, the Zoning Administrator may forward the application and required information to the appropriate city staff consultants and city commissions for review and technical reports.
      (5)   The applicant shall supply proof of title in a form approved by the City Attorney and the legal description of the property for which the subdivision is requested and, as applicable, supply documented authorization from the owner(s) of the property in question to proceed with the requested subdivision.
   (B)   Hearing.
      (1)   When an application is determined to be complete, the Zoning Administrator shall schedule a public hearing for public review of the preliminary plat. The hearing shall be held after adequate time has been allowed for staff and advisory body review of the plat.
      (2)   The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a legal property description and a description of the request and shall be published in the official newspaper at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question. Failure of a property owner to receive the notice shall not invalidate any such proceedings a set forth within this chapter, provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
      (3)   Timeline for review of the preliminary plat shall be in accordance with M.S. § 462.356, as it may be amended from time to time.
   (C)   Technical assistance reports. The Zoning Administrator shall instruct the appropriate staff to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the City Council.
   (D)   Review by other commissions or jurisdictions.
      (1)   The Zoning Administrator shall refer copies of the preliminary plat to the Parks and Recreation Commission and/or county, state, or other public jurisdictions for its review and comments, where appropriate and when required as determined by the Zoning Administrator.
      (2)   In cases where a proposed subdivision is adjacent to a county or state highway, the subdivision shall be subject to county and/or state approval.
   (E)   Planning Commission action. The applicant or a designated representative thereof shall appear before the Planning Commission at the public hearing in order to answer questions concerning the proposed request. The Planning Commission shall make a recommendation to the City Council following the close of the public hearing. If the Planning Commission has not acted upon the preliminary plat, and the statutory review period will expire before the next regularly scheduled Planning Commission meeting, the Council may act on the preliminary plat without the Planning Commission’s recommendation.
   (F)   City Council action.
      (1)   Upon completion of the report and recommendation of the Planning Commission, the request shall be placed on the agenda of the City Council. The report and recommendations shall be entered in and made part of the permanent written record of the Council meeting.
      (2)   Upon receiving the report and recommendation of the Planning Commission and city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary or take action based on Planning Commission recommendation. The Council shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety, and welfare. The Council shall adopt a resolution approving or denying the request.
      (3)   The City Council shall approve or disapprove the preliminary plat within 120 days following delivery of an application completed in compliance with this chapter, unless the time for Council decision has been extended pursuant to a written agreement with the applicant.
      (4)   The City Council may deny or require modifications to a proposed preliminary plat when said plat fails to comply with any of the requirements of this chapter, or other applicable regulations, including the zoning ordinance. In addition, the Council may deny or require modifications to a proposed preliminary plat when the Council finds that despite technical compliance with applicable ordinances, the plat design results in a likelihood of extraordinary public costs for future maintenance or the potential for public safety hazards that are not typical for subdivisions in the city.
      (5)   The City Council reserves the right to deny or require modifications to a preliminary plat if due regard is not shown for the preservation of all natural features, such as topography, trees, watercourses, scenic points, prehistoric and historical spots, and similar community assets, which, if preserved, will add attractiveness and stability to the proposed development of the property.
      (6)   If the preliminary plat is denied by the City Council, the reasons for such action shall be recorded in the proceedings of the Council. If the preliminary plat is approved, the approval shall not constitute final acceptance of the 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 Council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare, and convenience of the city.
      (7)   Approval of a preliminary plat shall be null and void unless within 360 days after receiving the last required approval of the preliminary plat there shall be submitted to the Zoning Administrator a final plat or plats for all or a portion of the approved preliminary plat in accordance with the conditions upon which approval was granted by the City Council. An extension from this requirement may be granted by the Council upon the reception of a request for extension. An extension shall be requested in writing and filed with the city at least 14 days before the voidance of the approved preliminary plat. There shall be no charge for the filing of such request. The request for extension shall state facts showing a good faith attempt was made to meet the final plat submission requirement. Such request shall be presented to the Council for a decision.
      (8)   In the event of changes to city, county, state, and federal development regulations, the city may require a preliminary plat to be amended to incorporate applicable changes, except as may be prohibited by Minnesota Statutes.
      (9)   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 for the amendment if the opinion of the city is that the scope of the changes does not constitute a new preliminary plat. A filing fee, as established by the city, shall be charged for amendment processing.
      (10)   Approval of the preliminary plat shall not be considered binding in regard to subsequent final plat contemplation.