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HomeMy WebLinkAbout1987 09-28 City Council PacketMINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 13, 1987 Council Chambers, Municipal Building Meeting No. 87 -14 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:03 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 87 - 11 (May 21, 1987) Councilmember Anderson moved to approve the Minutes of Meeting No. 87 -11 May 21, 1987) as submitted. Seconded by Councilmember Wasiluk. Ayes - all. 2. Meeting No. 87 - 12 (June 8, 1987) Councilmember Bastian moved to approve the Minutes of Meeting No. 87 -12 June 8, 1987) as submitted. Seconded by Councilmember Anderson. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. July 4th 2. Commissioners' Recognition Dinner 3. Final Plats 4. Council Salaries S. T.H. 120 6. N.E. Suburban Transit 7. Upper Afton Road 8. Open Space 9. Frost and English 10. Traffic Reserves Seconded by Councilmember Anderson. Ayes - all. 7/13 E. CONSENT AGENDA Council removed Item E -3 from the Agenda to become Item I -10. Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes - n y as suomittea ana recom- 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses check register dated 06 -25 -87 through 07 -02 -87 - $570,213.74 : Part II, Payroll dated June 26, 1987, gross amount $147,421.53) as submitted. 2. Time Extension Approved a time extension for the undeveloped portion of the Sterling Street Addition (Outlots A & B) for one year or until the proposed Cave's Junek Addition preliminary plat is acted on by Council, whichever comes first. 3. Time Extension : Jefferson's Fifth Addition Discussed under I -10. 4. Change Order No. 1 - Arkwright Street Improvements - City Project 86 -12 Resolution No. 87 - 7 - 124 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86 -12, Arkwright Street Improvement and has let a construction contract therefore pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86 -12, Change Order One. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Engineer are hereby authorized and directed to modify the existing contract by executing said Change Order One. 5. Easement Agreement - McKnight Road Reconstruction (Beaver Lake to Lar- penteur) - City Project 81 -20 Resolution No. 87 - 7 - 125 WHEREAS. the Council has ordered made City Project 81 -20, McKnight Road Reconstruction, Phase I (Beaver Lake to Lazpenteur Avenue), and WHEREAS, the Council has levied assessments against benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, easements are required for the project on property owned by Bulk Service Corporation 2 - 7/13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that payment in the amount of $20,000.00 is hereby approved to Bulk Service Corporation and the Mayor and City Clerk are hereby authorized to execute an easement agreement for acquisition of said easements. 6. Sale of City Hall Authorized the Manager to enter into a six -month contract with Edina Realty as outlined in their proposal with the following additional con- ditions: 1. Prior to the acceptance of an offer, parking arrangements for Gladstone Fire Station be worked out; 2. The vacant land across from the Old City Hall not be sold individually until the building sells. 7. P.E.R.A. Resolution Resolution No. 87 - 7 - 126 WHEREAS, the City of Maplewood has hired Paul Gregory Paulos to serve as part -time police officer, and WHEREAS, the City of Maplewood desires that Paul Gregory Paulos be classified as a basic member of the Public Employees Police and Fire Fund: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that pursuant to M.S.A. Section 356.64 subdivision 4, the part -time police officer position held by Paul "Gregory Paulos is a police officer position. BE IT FURTHER RESOLVED that the Director of Public Safety shall hereby cause employee contributions to be deducted from the salary of Paul Gregory Paulos according to the provisions of M.S.A., Section 353.27, subdivision 4. 8. Budget Transfer - City Manager's Contract Approved a budget transfer of $1200 from the General Fund Contingency Account to finance the Manager's relocation costs. 9. Schedule Public Hearing - HealthEast (Tax Exempt Bonds) Resolution No. 87 - 7 - 12Z WHEREAS, City Staff has received a proposal from HealthEast that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA ") issue tax exempt bonds, the proceeds of which would be used (i) to finance the acquisition or construc- tion by it or any affiliate to acquire or construct) health care facilities including improvements to buildings and equipment and 3 - 7/13 other movable personal property to be acquired by HealthEast or an affiliate and located at, or used in connection with existing faci— lities maintained and operated by HealthEast or an affiliate in the City of Saint Paul, Minnesota, or the City of Maplewood, Minnesota; ii) to refund certain outstanding bonds issued by the HRA, the Port Authority of the City of Saint Paul or the City of Maplewood; and (iii) to fund a reserve and pay certain costs of issuance of the bonds, including the discount; and WHEREAS, in connection with the issuance of the bonds, it is necessary for the City of Maplewood and the BRA to enter into a Consent Agreement, which agreement provides that the HRA will be the issuer of the bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1. A public hearing regarding the proposed project shall be held on August 10, 1987, at 7:00 P.M. City Staff is authorized to publish notice of the public hearing in accordance with law. 2. The Mayor and City Clerk are authorized to execute a Consent Agreement to be entered into with the HRA in substantially the form submitted to the City Council. E —A. PARK ACQUISITION 1. Purchase of 4.8 acres at Brooks and Barclay for Park Purposes a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved the acquisitio to Seconded by Councilmember Wasiluk. Ayes — all. F. PUBLIC HEARINGS 1. 7:00 P.M., Beam Avenue Water Main (W of T.H. 61) City Project 84 -12 a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed assessment roll for the Beam Avenue Water Main Project 84 -12. b. Manager McGuire presented the Staff report. c. City Attorney Bannigan explained the procedures of the assessment hearing. d. Assistant City Engineer Ahl presented the specifics of the assess— ments. e. Mayor Greavu called for proponents. None were heard. 4 — 7/13 f. Mayor Greavu called for opponents. The following were heard: Mr. Art Manke, 1210 Beam Avenue Mr. Pat. Keene, 1190 Beam Avenue g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 87 -7 -128 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objec- tions to the proposed assessment for the construction of Beam Avenue Trunk Water Main (W, of T.H. 61) as described in the files of the City Clerk as Project 84 -12, and has amended such proposed assess- ment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; 1. Such proposed assessment,as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be bene- fited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual install- ments extending over a period of 20 years, the first of the install- ments to be payable on or after the first Monday in January, 1988, and shall bear interest at the rate of ten (10) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- ment from the date of this resolution until December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying addi- tional assessments on notice and hearing as provided for the assessments herein made, upon any properties abutting on the im- provement but not made, upon any properties abutting on the im- provement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5 - 7/13 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk. Nays - Councilmember Bastian. 2. 7:10 P.M., Preliminary Plat : Cave's Currie Street Addition a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ed Cave and Sons, Inc., for preliminary Plat approval to create sixteen single dwelling lots. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Dennis Larson presented the Planning Commission report. e. Mr. Sam Cave, Ed Cave and Sons, Inc., spoke on behalf of the proposal. f. Mayor Greavu called for proponents. None were heard. S. Mayor Greavu called for opponents. None were heard. h. Mayor Greavu closed the public hearing. i. Mayor Greavu moved to approve the Cave's Currie Street preliminary plat_sub_ject to the following conditions, except No. 2- developer does not need to transfer ownership of Outlots A & B to the City but shall provide easements. Motion failed for lack of a second. Councilmember Juker moved approval of Cave's Currie Str4 conditions before final plat approval: 1. City engineer approval of final grading, drainage, utility and erosion control plans. The grading plan shall maximize preserva— tion of the hill and trees on Lot One, Block Two, as much as pos- sible. 2. Submittal of recordable deeds to the City Engineer to transfer title of Outlots A and B to the City of Maplewood or dedicate them to the public on the plat for drainage and utility purposes. 3. Submittal of a 100- foot - diameter easement for the temporary Currie Street right -of -way. 6 - 7/13 4. Provide a twenty -foot drainage easement over the north twenty feet of Lot One, Block One. 5. Submittal of a signed developer's agreement and required surety for the following items: a. Construction of all required public street ponding and utility improvements. b. Construction of a driveway turn - around for Lot Eight, Block One. c. Construction of a driveway for Lot One, Block One that complies with the requirements of Section 10.207 of the Uniform Fire Code. This driveway shall be constructed as far to the east of the property as possible and be aligned to retain as many mature trees as possible. d. Construction of the temporary Currie Street cul -de -sac. 6. Revision of the lots in Block 2 as shown on Page 9 to maxi- mize preservation of the trees and hill on Lot One, Block 2, and provide room for a 100 -foot setback to the future house. 7. Show the existing, small triangular piece of right -of -way ac- quired by the County at the corner of Larpenteur Avenue and McKnight Road. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk Nay - Mayor Greavu. 3. 7:20 P.M., Easement Vacation : Maplewood Mall a. Mayor Greavu convened the meeting for a public hearing regarding the request of the developers of the Mainstreet Store at Maplewood Mall to relocate a twenty -foot wide utility easement. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 87 -7 -129 WHEREAS, Suburban Engineering initiated proceedings to vacate the public interest in the following described utility easement: 7 - 7/13 That part of the dedicated utility easement shown in Lot 5, Block 1, Maplewood Mall Addition, Ramsey County, Minnesota, the center line described as follows: Commencing at the southwest corner of Lot 10, Block 1, Maplewood Mall Addition; thence on an assumed bearing of East, along the south line of said lot, 34.94 feet; thence on a bearing of North, 725.77 feet; thence N 44 degrees, 47 feet, 25 inches W., 79.25 feet; thence on a bearing of North 266.08 feet; thence on a bearing of West, 169.46 feet to the actual point of beginning; thence on a bearing of North 419.75 feet and there terminating. WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said utility ease- ment have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on June 15, 1987. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on July 13, 1987, to con- sider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered re- ports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above - described utility easement, public interest in the property will accrue to the following described abutting properties: Lot 5, Block 1, Maplewood Mall Addition NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above - described vacation on the basis of the following findings of fact: 1. The portion of this easement to be vacated runs through the building site for the proposed Mainstreet Store addition to Maplewood Mall. 2. Relocation of the easement to the west, as proposed, would have no effect on the provision of utility services to Maple- wood Mall properties. Seconded by Councilmember Anderson. Ayes - all. 4. 7:30 P.M., Preliminary Plat, Cave's Barclay 2nd.Addition a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ed Cave and Sons, Inc., for preliminary plat approval to create fifteen single dwelling lots to be known as Cave's Barclay 2nd Addition. b. Manager McGuire presented the Staff report. 8 - 7/13 c. Director of Community Development Olson presented the specifics of the proposal. d. Because of the questions raised regarding the proposed park property, Councilmember Anderson moved to table this item for two weeks. Seconded by Councilmember Juker. Ayes - all. 5. 7:40 P.M., Maplewood Knoll a. Preliminary Plat b. Rezoning (4 Votes) 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Nue-bel Homes, Inc., for approval of a preliminary plat to create 11 single dwelling lots. Staff is requesting a rezoning from F - Farm to R -1, single dwelling for this property. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Dennis Larson presented the Planning Commission recom- mendation. 5. Mayor Greavu called for proponents. None were heard. 6. Mayor Greavu called for opponents. None were heard. a. North St. Paul approval of the sewer and water service connections within Sterling Street and their approval of the construction plans for the sanitary sewer and water main within the cul -de -sac. b. Revising Lots Seven through Ten, as necessary, to increase the width of Lot Seven to at least 75 feet at the building setback line. Each of the revised lots must comply with all lot dimension requirements. c. The Knoll Circle right -of -way shall be moved south to provide at least 30 feet of setback for the existing dwelling. d. The proposed storm -sewer easements between Lots Five and Six, along the west line of Lot Eight and running east /west across Lots Seven and Eight shall be increased to 15 feet of width. 9 - 7/13 7. Mayor Greavu closed the public hearing. e. City Engineer approval of final grading, erosion control, drainage and utility plans. f. Submittal of a signed developer's agreement, with required surety, for all required public improvements. Seconded by Councilmember Anderson. Ayes - all. 9. Mayor Greavu introduced the following resolution and moved its adoption: 87 -7 -13.0 WHEREAS, Nuebel Homes, Inc., initiated a rezoning from F, farm residence, to R -1, single dwelling, for the following- described property: The South 482 feet of the West 452 feet of the NW 1/4 of the SE 1/4 of Section 13, township 29, Range 22. This property is also known as 1810 Sterling Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commis- sion on June 15, 1987. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on July 13, 1987, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is ade- quately safeguarded. 3. The proposed change will serve the best interests and con- veniences of the ocmmunity, where applicable and the public welfare.. 10 - 7/13 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. Rezoning would eliminate the potential of nuisance probelms associated with farm - related uses, such as the raising of livestock, in a single- dwelling neighborhood. Seconded by Councilmember Bastian. Ayes - all. G. AWARD OF BIDS 1. Painting Cope Avenue Water Tower a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to approve a budget transfer of $8,04 from the Water Availability Fund to the Water Maintenance Fund for the amount over budget to paint the Cone Avenue Water Tower. Seconded by Councilmember Wasiluk. Ayes - all. c. Councilmember Anderson introduced the following resolution and moved its adoption: 87 -7 -131 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Rainbow,Inc., in the amount of $59,189.00 is the lowest responsible bid for painting the Cope Avenue water tank and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Wasiluk. Ayes - all. 2. Tractor /Loader a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 87 -7 -132 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Carlson Tractor and Equipment Co., Inc., in the amount of 20,291.00 is the lowest responsible bid for furnishing one and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Juker. Ayes - all. 3. Tractor /Mower a. Manager McGuire presented the Staff report. 11 - 7/13 b. Mayor Greavu introduced the following resolution and moved its adoption: 87 -7 -133 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Carlson Tractor and Equipment Company, Inc., in the amount of $22,489.00 is the lowest responsible bid for furnishing one tractor/ mower and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City.. Seconded by Councilmember Anderson. Ayes - all. H. UNFINISHED BUSINESS 1. Order Assessment Hearing - Frost Avenue Recon2truction (Adele to Birmingham) City Project 83 -01 a. Manager McGuire presented the Staff report. b. Assistant City Engineer Ahl presented the specifics of the proposal. The proposed rates are as follows: Curb & Gutter Storm Sewer RL) RM and SC) 10.676 per front foot 078 square foot 155 square foot c. Mayor Greavu introduced the following resolution and moved its adoption: 87 -7 -134 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Frost Avenue Improvements between Adele Street and Birmingham Street, City Project 83 -01, and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 10th day of August, 1987, at the City Hall at 7 :00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with refer- ence to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, prepayment and interest charges information and that written or oral objections will be considered. 12 - 7/13 4. Prepayment of each parcel's assessment shall be allowed, without an interest charge, from the date of adoption of said assessment roll to 30 days past the date of adoption. All unpaid assessments shall bear interest at the rate of ten (10) percent per annum from the date of adoption of the assessment roll. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk. Nay - Councilmember Juker. 2. Alternate Tower Site and Linwood Avenue Water Main - Water Service District 8 Improvements - City Project 86 -15 a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to approve Alternate 2: Order Staff to investigate the alternate tower site with a feeder main located on Linwood Avenue from the proposed Sterling Street to the tower site and the completion of the water main on Linwood Avenue from the existing main east of McKnight to Sterling and the proposed tower feeder main to Century Avenue. Seconded by Councilmember Juker. Ayes - all. c. Councilmember Anderson introduced the following rsolution and moved its adoption: 87 -7 -135 WHEREAS, the City Engineer for the City of Maplewood has previously prepared a report with reference to the improvement of Water Service District 8, Sterling Street and Schaller Drive, City Project 86 -15, by construction of water tower, streets, water main, sanitary sewer and storm sewer, and- WHEREAS, the said City Engineer has recommended the relocation of said water tower and additional water main construction along Linwood Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed water tower be relocated to north of Linwood Avenue and that water main be constructed along Linwood Avenue is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of 2,900,000.00. 13 - 7/13 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 27th day of July, 1987, at 7:20 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Juker. Ayes - all. 3. Recreational Vehicles - Ordinance (2nd Reading) a. Councilmember Bastian moved to table second reading of this ordinance until the Meeting of July 27, 1987. Seconded by Mayor Greavu.Ayes - all. Councilmember Bastian stated he is meeting at 7:00 P.M. on Thursday, July 16, 1987, with motorcycle groups. 4. Primary Elections a. City Attorney Bannigan updated the Council regarding the proposed legisla- tion for primary elections. b. No action taken. I. NEW BUSINESS 1. Conditional Use Permit Renewal : Highwood Avenue (Cellular One Tower) a. Manager McGuire presented the Staff report. b. Councilmember Bastian stem r.Si Lo /u hi gnwooq Avenue for tlye years suol replacement of two dead evergreen trees. Seconded by Mayor Greavu.Ayes - all. 2. Code amendment : Building Setback from Pipeline a. Manager McGuire presented the Staff review. b. Director of Community Development Olson presented the specifics of the proposal. c. Councilmember Anderson moved to table Seconded by Councilmember Juker. Ayes - all. 3. Metropolitan Council Survey a. Councilmember Bastian moved to rank the five most important issues out of the thirteen identified by the Metropolitan Council: 1. Strategic Planning 2. Vitality of the regional economy 14 - 7/13 3. Fiscal Planning to pay for long term infrastructure before baby boomers reach retirement age. 4. Transportation 5. Water Quality Seconded by Councilmember Wasiluk. Ayes - all. 4. Tax - Forfeited land Sale a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 7 - 136 WHEREAS, the Board of County Commissioners of Ramsey County, by resolution dated April 6, 1987, classified as non - conservation land, certain land lying within the City of Maplewood, and; WHEREAS, the subject lands are described as Lots 3, 4 and 5, Castle Acres (PIN 11- 29- 22 -31- 0015); and WHEREAS, a copy of Ramsey County's April 6, 1987 resolution (No. 87 -181) and the legal description of land therein classified as non - conservation were received by the City of Maplewood on April 10, 1987; and WHEREAS, state law requires the City of Maplewood to: (a) act on the County's classification of this property as non - conservation and (b) find that there is no public use that the property can be put to before Ramsey County can offer this property for public auction; and WHEREAS, the City of Maplewood has no use for this property. NOW, THEREFORE, BE IT RESOLVED that the classification of the land described above as non - conservation land and the sale thereof be and hereby is approved; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is authorized to file a certified copy of this resolution in the Office of the Land Commissioner. Seconded by Councilmember Wasiluk. Ayes - all. 5. Easement Agreement and Improvement a. Manager McGuire stated a lot split at the Maplewood Mall has allowed the City to acquire a segment of Southlawn Avenue north of Beam Avenue as identified in City Project 85 -17. The right -of -way has been dedicated and the City should consider the purchase of the existing roadway and utilities. 15 - 7/13 b. Councilmember Bastian introduced the following resolution and moved its adoption: 87 -7- 13.7 WHEREAS, the Council has ordered made City Project 85 -17, and WHEREAS, said report identified the need to acquire the existing Mall road entrance drive as Southlawn Avenue right -of -way, and WHEREAS, right -of -way has been acquired for the project on property owned by Corporate Property Investors, Inc., and WHEREAS, purchase of the existing roadway and utilities within the right -of -way is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that payment in the amount of $40,000 for the existing utilities and roadway from the Municipal State -Aid Maintenance Ac- count is hereby approved to Corporate Property Investors, Inc., and the Mayor and City Clerk are hereby authorized to execute an easement agreement for acquisition of said roadway and utilities. Seconded by Councilmember Anderson. Ayes - all. 6. McLafferty - 1673 Lark Avenue - Flooding Problem a. Mr. McLafferty explained to the Council the flooding problems he is experiencing. b. Councilmember Anderson moved to instruct Staff.to investigate the problems and install an additional "flap gate" if necessary Seconded by Councilmember Juker. Ayes - all. 7. Harvester Storm Sewer Request - Feist a. Manager McGuire stated Mr. Feist owns two lots on Sterling and Har- vester. A drainage ditch crosses the property. Only one lot can be used because of the ditch. The requested storm sewer would allow both of Mr. Feist's lots along with others in the vicinity to be developed. b. Mr. Peter C. Feist, 950 Ferndale, spoke on behalf of his proposal. c. Mayor Greavu introduced the following resolution and moved its adoption 87 -7 -138 WHEREAS, the City Council has proposed that the area described as: Surrounding Harvester and Sterling be improved by construction of storm sewer. 16 - 7/13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engi- neer, who is hereby instructed to report to the Council with all con- venient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilmember Anderson. Ayes - all. 8. Cope Avenue Improvement Petition - Anderson a. Manager McGuire stated within the last year a feasibility study for the petitioned improvements was prepared by the engineering staff. The City Council, however, did not hold a public hearing. It is recommended that a feasibility study be ordered. b. Councilmember Anderson introduced the - following resolution and moved its adoption: 87 -7 -139 WHEREAS, the City Council has proposed that the area described as: Cope Avenue and Castle Avenue be improved by construction of sanitary sewer, watermain, storm sewer and street with concrete curb and gutter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engineer, who is hereby instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the es- timated cost of the improvement as recommended. Seconded by Mayor Greavu. Ayes - all. 9. Footprint Lake Storm Sewer a. Manager McGuire recommended that Council request Staff prepare a feasibility report for Footprint Lake Storm Sewer proposal. b. Councilmember Anderson introduced the following resolution and moved its adoption: 87 -7 -140 WHEREAS, the City Council has proposed that the area described as: Tributary to Footprint Lake be improved by construction of storm sewers. 17 - 7/13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engineer, who is hereby instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recom- mended. Seconded by Councilmember Bastian. Ayes - all. 10. Time Extension : Jefferson's Fifth Addition. a. Manager McGuire presented the Staff report. b. Council directed the Staff to notify the property owners affected by the changes in the preliminary plat. c. Councilmember Bastian moved to approve a one -year time extension to son Fourth Addit 1. Submittal of a signed developer's agreement, with required surety, for all required public improvements. This agreement shall include the construction of temporary cul -de -sacs as required in Condition Three and a ten - foot -wide bituminous trail (eight feet wide, if no fencing) along the southwest line of Outlot B. The ten -foot corridor for the trail shall be designated on the plat as a pedestrian way. If fencing is to be constructed, the type, location and height shall be approved by the Parks Director. 2. Drop reference on the plat to the temporary cul -de -sac on the north end of "Lakewood Court." 3. A quit -claim deed(s) shall be submitted with the developer's agreement to deed 100 - foot - diameter temporary cul -de -sacs to the City for: a. The north end of "Lakewood Court." b. The west end of "Valley View Drive." c. The east end of " Dorland Curve" or the south end of Lakewood Court." These easements may be located on adjoining property. 4. Change the street names as follows: a. Show "Lakewood Court" south of Dorland Curve. 18 - 7/13 b. Change "Lakewood Court" north of Dorland Curve and south- west of Lot One, Block Two, to "Lakewood Drive." c. Change "Lakewood Court" between the west line of Lot One, Block Two and the east line of the plat to "Timber Avenue." d. Change " Dorland Curve" to "Schaller Drive." e. Change "Valley View Drive" to Valley View Avenue." 5. Lot One, Block One, shall be increased to at least 100 feet in width at the building setback line and 100 feet in depth. 6. Eliminate reference to the vacated 100 - foot -wide drainage ease- ment that crosses the southerly portion of Blocks Five and Six. The proposed storm sewer easement shown along the north line of Lots Twelve and Fifteen, Block Six, shall be retained. 7. Eliminate the proposed ponding easement on Lot One, Block Four. The grading plan shall be revised to restrict the ponding area to Outlot B. The storm sewer easement shall be retained. 8. A quit -claim deed(s) shall be submitted with the final plat application to: a. Deed Outlot A to the City for park purposes. b. Deed Outlot B to the City for drainage purposes. 9. The east property line of Outlot B shall be moved east to coincide with east boundary of the proposed drainage easement. Reference to the easement shall be eliminated. 10. A storm sewer easement shall be shown on the final plat in the southeast corner of Lot Five, Block Five, for the proposed storm sewer facilities. The location of the easement shall be approved by the City Engineer. 11. Eliminate Outlot C. 12. City Engineer approval of final utility, grading and drainage plans. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS K. COUNCIL PRESENTATIONS 1. Traffic Reserves a. Councilmember Bastian stated he had been asked what duties the Police Reserves perform. 19 - 7/13 b. Staff responded. Councilmember Juker moved to extend the meeting past the deadline. Seconded by Mayor Greavu.Ayes - all. Councilmember Bastian moved to suspend the Rules of Procedure and extend the meeting to finish the Agenda. Seconded by Mayor Greavu Ayes - all. 2. July 4 a. Councilmember Anderson extended a thank you to all the volunteers who worked to make the 4th of July celebration a success. 3. Commissioners' Recognition Dinner a. Councilmember Anderson moved to instruct Staff to investigate costs for providing a recognition dinner for the Citv's Commissions and Board Seconded by Councilmember Wasiluk. Ayes - all. 4. Final Plats a. Councilmember Anderson feels that developers, when they file for plats, not be allowed to plan for walkouts. b. Staff to investigate. 5. Council Salaries a. Councilmember Anderson moved to instruct the legal department to investigate procedures for increasing Council salaries. Seconded by Councilmember Juker. Ayes - all. 6. T.H. 120 a. Councilmember Anderson stated he had read an article in the REVIEW about the upgrading of T.H. 120. b. Staff answered Councilmember Anderson's questions and stated a report should be forthcoming by the end of the year. 7. N.E. Suburban Transit a. Councilmember Wasiluk stated the N.E. Suburban Transit Committee between Oakdale, North St. Paul and Maplewood are requesting more money and that money has been set aside by the Chamber of Commerce to promote cities. It is requested this money be expended for the Para Transit. 20 - 7/13 b. Councilmember Wasiluk moved to suspend the Rules of Procedures to make a motion regarding Para Transit. Seconded by Councilmember Bastian. Ayes - all. c. Councilmember Wasiluk moved to authorize the money held by the Chamber of Commerce for promoting the cities be transferred to the Para Transit Seconded by Councilmember Bastian. Ayes - all. 8. Upper Afton Road a. Councilmember Wasiluk stated Upper Afton Road had to be improved and requested Staff look into the options available. Councilmember Juker left the meeting at 11:00 P.M. 9. Open Space a. Councilmember Wasiluk moved that a "Search" committee be established to designate open space areas. Seconded by Mayor Greavu. Ayes - all. L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT 11:05 P.M. City Clerk 21 - 7/13 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 27, 1987 Council Chambers, Municipal Building Meeting No. 87 - 15 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:02 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 87 -13 (June 22, 1987) Councilmember Wasiluk moved to approve the Minutes of Meeting No. 87 -13 June 22, 1987) as submitted. Seconded by Councilmember Bastian. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. East Community Family Services 2. Power Outages 3. Recycling Solid Waste Committee Meeting 4. House on Beam (Frattalone Property) 5. Cave's Gervais Addition (Item E -4) 6. Flood Problems (Item I -8) 7. Change Order (Item I -9) 8. Delete H -1 Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Wasiluk, Ayes - to approve the Consent Agenda, Items 1 through 4, as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses Check register dated 7 -16 -87 through7-20 -87 - $645,148.19; Part II - Payroll dated 7 -1 -87 $62,792.36 dated 7 -10 -87 - $142,870.86 gross amount $205,663.22) as recommended. 7/27 2. Approve Final Payment — Beaver Lake Storm Sewer — City Project 83 -07 Resolution No. 87 — 7 — 141 WHEREAS, The City Council of Maplewood, Minnesota has heretofor ordered made Improvement Project 83 -07, North Beaver Lake Storm Sewer Improvements, and has let a construction contract, and WHEREAS, said project has been certified as completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the project is completed and accepted and final pay— ment on the construction contract is hereby authorized. 3. Environmental Health Delegation Agreement Approved an agreement between Maplewood and the Minnesota Department of Health for the Environmental Health Delegation Agreement. 4. Cave's Gervais Addition — Final Plat Approved the Cave's Gervais Addition final plat. PUBLIC HEARINGS 1. 7 :00 P.M., Plan Amendment LSC Definition (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the City Council on June 8, 1987, initiated an amendment to the LSC, limited service commercial definition to allow limited gas sales with a convenience store. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Daniel Parker, Welsh Companies, spoke in support of the amendment. Richard Schreier questioned how this would affect other properties. e. Mayor Greavu closed the public hearing. f. Councilmember Anderson intorduced the following resolution and moved its adoption: 87 -7 -142 WHEREAS, the current definition of a limited service commercial center does not include gas sales; and 2 — 7/27 WHEREAS, the service commercial center definition defines gas stations as a high- intensity use; and WHEREAS, the City finds that a limited number of gas pumps would be a medium - intensity use on a neighborhood scale, consistent with the LSC definition; NOW, THEREFORE, THE MAPLEWOOD CITY COUNCIL does hereby amend the LSC definition as follows: Limited Service Commercial Center (LSC). The limited service commercial center classification refers to commercial facilities on a neighborhood scale. Heavy industrial uses, department stores, motels, auto accessory stores, etc., would be prohibited. Other land uses of a medium intensity nature, such as gas sales with no vehicle repair or maintenance and with no more than two pumps on a single island to service up to four vehicles at one time, may be permitted subject to meeting certain performance standards as de- fined in the zoning code. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nay - Councilmember Juker 2. 7:00 P.M., P.U.D. : Larpenteur and McKnight a. Mayor Greavu convened the meeting for a public hearing regarding the request of the Welsh Companies, Inc., for approval of a planned unit de- velopment (PUD) for a neighborhood shopping center, including motor fuel sales. The motor fuel sales would include two pumps with three dispenser nozzles for each pump. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Bob Cardinal presented the Planning Commission recom- mendation. e. Director of Community Development Olson presented the Community Design Review Board recommendation. f. Mayor Greavu called for persons who wished to be heard. The following voiced their opinions: Georgene S. Karpiej, 1694 McKnight Lane, President of the McKnight Townhomes Association Daniel Parker, Welsh Companies, Inc. g. Mayor Greavu closed the public hearing. 3 - 7/27 h. Councilmember Anderson introduced the following resolution and moved its adoption: 87 -7 -143 WHEREAS, the Welsh Companies initiated a conditional use permit for a planned unit development of office, commercial and service uses, in- cluding convenience motor fuel sales at the following described property: Lot Three, Block One, Maple Woods Estates WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Plan- ning Commission on July 6, 1987. The Planning Commission recom- mended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on July 27, 1987. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit replaces the June 9, 1986, conditional use permit and is approved on the basis of the following findings -of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detri- mental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate no traffic on local streets and would not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 4 - 7/27 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the pond on the site into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Adherence to the site plan and conditions approved by the Community Design Review Board. Future changes to the site plan may be approved by the Board. 2. All uses shall conform with the BC (M), business commercial (modified) zoning district requirements. 3. External speakers shall be directed away from the dwelling units and the sound shall not exceed fifty decibels (normal conversation level) at the residential property line. 4. The maximum building height shall be one story. 5. There shall be no exterior storage or sale of goods or merchandise. 6. The proposed construction must be substantially started within one year of Council approval or the permit shall become null and void. A six —month time extension may be requested as allowed in Section 36- 442(d) of City code. 7. There shall be no vents for the underground fuel tanks within 200 feet of an existing residence or the buildable area of the planned undeveloped lots in the Currie Street Addition, south of Larpenteur Avenue. 8. The type and anchoring of underground storage tanks must be approved by the City Fire Marshal. The tanks shall be strapped to a concrete slab. Seconded by Mayor Greavu. Ayes — all. 3. 7:10 P.M., Code Amendment : Building Setback to Pipelines. (1st Reading) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed ordinance to require buildings designed primarily for human oc— dupancy to be set back at least 100 feet from a major pipeline. b. Manager McGuire presented the Staff report. 5 — 7/27 c. The following persons voiced their opinions regarding the proposed ordinance: Steve Kayser, 1825 23rd Street, Plymouth Richard Schreier, 2125 Desoto Bruce Mogren, 2855 Frederick Street Dick Sagstetter d. City Attorney Kelly explained the current legislation. Municipalities are required to have a pipeline ordinance by 1989. e. Mayor Greavu closed the public hearing. f. Councilmember Bastian moved to amend Sections 9 -215, 9 -217 and 9 -219 of the proposed ordinance. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk. Nay - Mayor Greavu. g. Councilmember Anderson moved first reading of an ordinance requiring set back from a major pipeline. Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk Nay - Mayor Greavu. 4. 7:20 P.M., Linwood Avenue Water Main and Alternate Water Tower Site - City Project 86 -15E a. Mayor Greavu convened the meeting for a public hearing to consider an alternate tower site north of Linwood Avenue and to consider the installation of water main along Linwood Avenue from the existing main 1,200 feet east of McKnight Road to Century Avenue. All property with frontage on Linwood Ave- nue between Century Avenue and the existing main have been notified of this hearing. b. Manager McGuire presented the Staff report. c. City Attorney Kelly explained the hearing procedure. d. Assistant City Engineer Ahl presented the specifics of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents The following were heard: John Gregerson, 2622 Linwood Avenue Darrel Hansen, 2632 Linwood Avenue George Anderson, 2680 Linwood John Vorderbruggen, 2578 Linwood 6 - 7/27 Cheryl Stahnke, 2383 Linwood Ted Selbitchka, 2710 Linwood James Kayser, Coon Rapids Margaret Kayser, 2516 Linwood Al Jirovic, 2480 Linwood g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to approve the alternate location of the water tower on the north side of Linwood. Seconded by Councilmember Juker. Ayes — Mayor Greavu, Councilmembers Anderson, Juker & Wasiluk Nay — Councilmember Bastian i. Councilmember Anderson introduced the following resolution and moved its adoption: 87- 7 -144A WHEREAS, after due notice of public hearing on the construction of water main along Linwood Avenue from 1,200 feet east of McKnight Road to Century Avenue, and WHEREAS, it is proposed to relocate the proposed tower site to north of Linwood Avenue, a hearing on said improvement in accordance with the notice duly given was duly held on Monday, July 27, 1987, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the City of Maplewood construct water main along Linwood Avenue from 1,200 feet east of McKnight Road to Century Avenue and relocate the proposed water tower to north of Linwood Avenue as described in the notice of hearing thereon, and orders the same to be made. 2. The City Engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. Seconded by Councilmember Juker.Ayes — Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay — Councilmember Bastian. G. AWARD OF BIDS 1. 1987 Overlay Project a. Manager McGuire presented the staff report. 7 — 7/27 b. Councilmember Bastian introduced the following resolution and moved its adoption: 87 -7- 145 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Valley Paving, Inc., in the amount of $78,800.00 is the lowest re- sponsible bid for bituminous resurfacing, Project 86 -26 and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Mayor Greavu. Ayes - all. H. UNFINISHED BUSINESS 1. Cave's Barclay Addition - Preliminary Plat Deleted. 2. Recreational Vehicle Ordinance a. Councilmember Bastion reviewed the ordinance. b. The following persons expressed their opinions, Robert Ellingsworth, Minn. Cycle Association. George Anderson Bob's Cycle, 1945 Rice Street Robert Engstrom, 1505 E. County Road C Dave Schroeder, 1721 Rosewood c. Councilmember Anderson moved to amend the ordinance by eliminating the requirement of sixty minute intervals and the hours of oneration be 3:00 P A. to 5.00 P.M. on Seconded by Councilmember Juker. Ayes - all. d. Councilmember Bastian moved several amendments to the proposed ordinance. Seconded by Councilmember Wasiluk. Ayes - all. e. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 605 -A An Ordinance regulating the use of recreational motor vehicles within the City of Maplewood: Chapter 20, Maplewood Code of Ordinances as amended through December, 1986; is amended by adding a New Article VI as follows: 8 - 7/27 ARTICLE VI - Recreational Motor Vehicles Section 20 -120. Purpose. The purpose of this ordinance is to provide reasonable regulations for the use of recreational motor vehicles on public and private property in the City of Maplewood. Section 20 -121. Definitions. The following words and phrases shall have the meanings ascribed to them for the purposes of this article: a) "Recreational motor vehicle" means any fuel - powered motorized multi - wheeled or track, self - propelled vehicle designed or used for recreational purposes, including, but not limited to all- terrain vehicles, trail bikes, hovercrafts, motorcycles and motorized bicycles, but excluding snowmobiles, wheel chairs and golf carts. b) "Operate" means to ride in or on and control the operation of a recreational motor vehicle. c) "Operator" means every person who operates or who is in actual physical control of the recreational motor vehicle, regardless of age. d) "Dust" means powdery earth or other matter in particles fine enough to be propelled into and then suspended in the air. e) "L10 means the sound level, expressed in decibels (dBA) which is exceeded 10 percent of the time for a one -hour period, as measured by a sound level meter having characteristics as specified in the latest standards, S1.4, of the American National Standards Institute. f) any other words or phrases used in this ordinance, and defined in regulations of the Minnesota Pollution Control Agency Noise Pollution Control Section, NPC -1 and NPC -4, has the meaning given in those regula- tions. Section 20 -122. Prohibited Operations. It is unlawful for any person to operate a recreational motor vehicle: a) on private property without a permit except as hereinafter permitted. b) carelessly or heedlessly In disregard of the rights or the safety of others, or in a manner so as to endanger, or is likely to endanger, person or property; c) on public property owned or leased by the City including but not limited to sidewalks, boulevards and park land; d) at any place while under the influence of alcohol as defined in Minn. Stat. §152.01 Subd. 4; e) in a manner or location so as to create loud, continuous unnecessary or unusual noise. For the purposes of this article, the noise level must be L10/65 dBA's or less, measured 100 feet from the property line or to the nearest residential structure. 9 - 7/27 f) unless part of a licensed carnival, sideshow, or licensed amusement parks, under Maplewood Ordinance 6 -16, or where otherwise authorized by the Council, in City ordinance or by resolution; g) in a manner so as to propel dust into the air which is suspended for longer than 10 seconds; h) on private property except on Tuesdays, Wednesdays and Fridays, from 3:00 P.M. until 8:00 P.M., and on Saturdays from 11:00 A.M. until 5:00 P.M. i) in addition to other permitted uses, recreational motor vehicles may be operated on private property for maintenance purposes, such as snow removal, farming, gardening, mowing, landscaping or other similar uses. Permits for these purposes shall not be required, nor shall one be required for the use of recreational motor vehicles on private driveways or in garages. j) notwithstanding other provisions of this section, on lots with a square footage of 12,000 or less, there shall be no more than one recreational motor vehicle running or operating at any one time. Section 20 -123. Annual Permit; Fee; Revocation a) There is imposed an annual permit under this article. The permit shall be issued to the owner or lessee of the property where recreational motor vehicles shall be operated. The fee is due at the time of applica- tion. b) Permits shall be issued by the City Clerk and expire on the first working day in January of each year. c) The annual fee for such renewals shall be established by the City Council by ordinance. For 1987, the fee shall be $10.00. d) The City Manager may, upon the recommendation of the Director of Public Safety, revoke the license issued under this section, in order to prevent further violations or to protect the public health, safety, and welfare. Revocation of the permit may be in addition to the criminal penalties that may be imposed under Section 20 -124. The permit, once revoked, may not be issued to the subject property for the remainder of the calendar year. e) No permit shall be issued under this section until the public works department inspects the applicant's grading plan, if any, for the subject property. The sole purpose of the review is to consider the impact of any proposed grading on (1) storm water drainage or retention or (2) on any public or private easements involving public or private utilities, pipe- lines or similar services on the subject property, that the City has notice of in its records. The review by the City shall not involve the nature of the grading for use by recreational motor vehicles. Section 20 -124. Criminal Penalty. a) Any person failing to procure or maintain a permit required under this article, or violating any other provision of this article, may be issued a warning. Every person who violates any provision of this ordinance is 10 - 7/27 guilty of a petty misdemeanor. Each act of violation and each day a viola- tion occurs or continues, constitutes a separate offense. Any person fail- ing to procure or maintain a permit required under this article, or violating any other provision of this article for the second time, may be issued a citation. The sentencing court may consider community service in lieu of a fine. b) For any violation of the provisions of this ordinance, the permit may be revoked as provided by Section 20 -123. Section 20 -125. Sunset. This article shall be in effect until October 1, 1989. This Ordinance becomes effective upon its adoption and publication, this 27th day of July, 1987. Seconded by Councilmember Wasiluk. Ayes - all. 3. Maplewood Firefighters a. Manager McGuire presented the staff report. b. Mayor Greavu moved to approve the Maplewood Firefighters' Relief Association By -Laws as amended: BY -LAWS Maplewood Firefighters' Relief Association ARTICLE I Section 1: Board of Trustees The Board of Trustees will consist of ten (10) members: six (6) active firemen and three (3) ex- officio members selected from elected officials of the City of Maplewood, the City of Oakdale, and the City of Landfall; and one (1) member from Maplewood Joint Chief's Council. If any of the above Cities do not wish to participate as an ex- officio member, those members will be appointed by the Maplewood Fire Chiefs' Joint Chiefs' Council. Section 2: Election Each fire department will elect two (2) trustees from its active membership. The Secretary of the department will certify their names to the Secretary of the Relief Association within 30 days after their election. The Trustees will elect from their members, a president, vice president, secretary, and treasurer prior to the annual meeting. Section 3: Term Subd. 1: Each trustee will serve a term of three (3) years or until his successor has been elected. Subd. 2: The election of the trustees will be staggered so that two (2) trustees are elected each year. 11 - 7/27 Subd. 3: The term of each officer of the Board of Trustees will be one (1) year. Section 4: Vacancies Vacancies of any trustees will be filled within 30 days of the fire department affected. The appointed trustee will serve the unexpired portion of the term. Section 5: Removal Any officer or trustee may be removed for cause by a majority vote of the Board. Fifteen (15) days notice of the removal action will be given to the Fire Department that elected the officer or trustee. Section 6: Compensation Compensation may be paid for services rendered. The members at any regular or special meeting will determine the amount of compensation. Compensation will be limtied to the secretary, treasurer and president. Regular attending board members will be paid expenses. ARTICLE II Section 1: Powers and Duties of the Board Subd. 1: Board of Trustees. The Board of Trustees will have exclusive control and management of all property and funds of the association. They con- stitute the governing body of the association with full power to carry out the association's corporate purpose, the provisions of the By -laws, and the laws of the State of Minnesota pursuant to volunteer firemen's relief associations. They will approve all disbursements and provide for an annual audit of the association's accounts. They will establish a Board of Examiners Subd. 2: President. The president will preside at General and Special meetings of the association and meetings of the Board of Trustees. He will countersign all checks, certificates and correspondence requiring legal or official signatures. He will have general supervision over the as- sociation and its affairs. Subd. 3: Vice President. The vice president will assist the president and perform the duties of the president in his absence. Subd. 4: Secretary. The secretary's duties include the following: a. Call special meetings. Special meetings will be called within 30 days from receiving a petition signed by at least one - fourth of the mem- bership. b. Notify each fire department at least 15 days in advance of all special and general meetings. c. Keep permanent and accurate records of the minutes of all meetings d. Keep a membership roster. The roster should contain: Member's name, address, fire department, birth date, beginning date of service adjusted by the amount of time spent on leave of absence), and status (active, dropped, death, disability, or retired). 12 - 7/27 e. Keep an account book in which he will titer all money transactions of the association. The entries will include the dates, amounts, and source of all receipts; and the dates, amounts, payee, and purpose of all expenditures. f. He will be the custodian of the seal and records of the associa- tion. g. He will sign all official papers. h. He will perform any other duties imposed by the Board. i. He will obtain from the secretary of each fire department the date necessary to prepare and consolidate reports for the associa- tion. j. He will prepare and file all required Federal, State, County, and Local Reports for the association. Subd. 5. Treasurer. The treasurer's duties include the following: a. He will receive and safely keep all money belonging to the association. b. He will promptly enter in a book provided for that purpose a record of all money received and disbursed by him, showing the source, payees, dates, and explanation of each transaction. c. He will pay out money when authorized by the board. d. He will retain all cancelled checks and financial records for a period of at least seven years. e. He will assist the secretary in the preparation of annual financial reports. f. He will file with the secretary a security bond sufficient to cover any possible losses. Subd. 6. Board of Examiners. The Board of Examiners shall make a thorough investigation of and report on all applications for membership in the Association; investigate and make reports on all applications for disability pensions and make recommendations as to the amount to be paid to each applicant; investigate and make reports on all disability pensions, and make recommendations as to amount of pen- sion to be paid to them from year to year; and investigate and re- port on all applications for service pensions, and claims for re- lief. This Board shall consist of a competent physician selected by the Association, and three members of the Relief Association on active duty with one of the three fire departments. Each fire department represented in the MFFRA shall be represented on the Board of Examiners. 13 - 7/27 ARTICLE III Section 1: Special Fund All funds received by this association from the State of Minnesota Appropria- tions, Fire Service contractors, or Misc. Donations will be kept in this fund. Section 2: General Fund All funds received by the association not identified as Special Funds will be kept in this fund. Section 3: Disbursements Subd. 1: Disbursements of funds from the Special Fund will be made as directed by the Board pursuant to the laws of the State of Minnesota. Subd. 2: Disbursement of the General Fund will be made for any purpose suited to the welfare of the members of this association. Section 4: Funds All money belonging to this association will be deposited in the name of the association in banks, trust companies, savings and loan association or other depositors designated by the Board. Section 5: Investments The funds of this association may be invested by the Board in income paying properties and securities authorized by law. ARTICLE IV Section 1: Membership All active members of the East County Li - np-, Gladstone, and Parkside Fire Depart- ments will be eligible for membership (subject to exclusion per Subd. 4 - Sect. 11 - Chapter 69, Minnesota Statutes). (Total members not to exceed forty -five 45) members per department or sixty -five (65) members per department), while said department has under its management a detached fire station. A firefighter cannot be a member of the Relief Association until he is a fully accepted member of the Fire Department. Then the Board must give him an applica- tion to be filled out and then must act on him separately. Section 2: Age Requirements No person under the age of 18 years shall be.accepted. All members shall retire from the association upon reaching the age of 65. 14 - 7/27 Section 3: Expulsion When a notice has been received from the fire department that a member has been expelled, the department trustee will advise the member that his membership in the association has also terminated. ARTICLE V Section 1: Regular Meetings of the Board The Board will meet on a regular basis on the 1st Monday of every even numbered month at 7:30 P.M. Section 2: Special Board Meetings Special meetings will be called by the president after receiving a request by any trustee. The secretary will give advance notice of the time and place of the meeting to each fire department and ex- officio members. Section 3: Annual Meeting The association Annual Meeting will be held the fourth Sunday in January at a designated site starting at 12:30 P.M. Section 4: Special Membership Meetings Subd. 1: On a majority vote the Board of Trustees can call a special membership meeting. Subd. 2: When the president receives a petition signed by one- fourth (1/4) of the membership, he shall call for a special meeting. Subd. 3: The secretary will file the petition and arrange the meeting within 30 days of receipt of the petition with advance notice of 15 days to be given to each fire department and ex- officio member. Section 5: Quorums Six trustees will be considered a quorum for the board of Trustees. Twenty or more members will constitute a quorum for a membership meeting. Section 6: Notice of Meetings The secretary will notify each trustee for all board of trustee meetings. In the case of membership meetings, the chief and secretary of each department will receive 15 days advance notice of any membership meetings. The fire chief will be responsible to notify each of his members. Section 7: Order of Business The following order of business shall be observed for all meetings: A. Call to order B. Roll call 15 - 7/27 C. Reading of minutes of pre`aous meeting D. Secretary's report E. New and dropped members F. Treasurer's report G. Committee reports H. Communications I. Unfinished business J. New Business K. Retirement applications L. Adjournment Section 8: Voting At meetings of trustees, each trustee will be entitled to one vote. At membership meetings, each member will be entitled to one vote. Voting by proxy is not permitted ARTICLE VI Section l: Effective Date of Benefits All benefits will be based on the date the member leaves the fire service and not the date of their application for benefits. Section 2: Service Credit Each member will accumulate a service credit at the rate of $91.66 per month or major fraction thereof, ($1,100.00 per year). (No limit on years of service ex- cept as stated in Article IV - Section 2 - Age Requirements.) Leave of absence will not count as service time, and the service entry date will be adjusted ac- cordingly. Section 3: Payments Subd. 1: Service payment. All benefits will be paid in a lump sum. Application for benefits must be received within three (3) months after the benefits are due. The applicant will have two options available to receive the lump sum: 1) One full payments, or 2) Two to five equal annual install- ment payments with no interest. If the second option is selected, a letter so stating must accompany the application. If option 2 is selected, the payment process is irrevocable. If the applicant dies before all installments have been received, the balance of the deferred account will be paid in full in a lump sum to the beneficiary listed on the beneficiary card. The applicant may re- quest the dates in which he wishes to receive the installments. If no instructions are received, the installments will be disbursed in Janu- ary of every year. The installment payment option is only available for pension and disability benefits. Death benefits will be paid in one payment only. Subd. 2: Deferred Service Payment. Any member who retires before age 50 will receive 5% interest compounded annually on the service credit due until he reaches age 50. 16 - 7/27 Section 4: Pension Benefits Upon completion of 20 or more years of active service and after age 50, any member may apply for his service credit. Subd. 1: Regular pension Subd. 2: Early vested pension benefit. Any member who has served more than ten 10) years of active service but less than twenty (20) years may apply for early vested pension benefit. When the member reaches the age of fifty (50) years they will receive their pension as follows: a. For duty of: less than 11 years - b. The payment amount will be calculated by using the amount payable per year of service in effect at the time of such early retirement, multiplied by the number of accumulate years of service, multiplied by the appropriate percentage as defined in (a) above. c. During the time a member is on early vested pension, they will not be eligible for the benefits provided for in Section 6. d. All monies deferred under the early vested provision shall earn 5% interest compounded annually. e. The effective date of this provision is January 23, 1983. Section 5: Death Benefits In the event of death of any member, the association will pay to the beneficiary the larger of his service credit or $3,000.00. Section 6: Disability Benefits Subd. 1: Definition. In the event of total disability, a member shall be paid the larger of $3,000.00 or his /her service credit. Disability is de- fined as the inability to engage in performance of his /her regular duties as a firefighter by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than twelve months. Subd. 2: Reports Required. No member shall be awarded, granted or paid disability benefits to subdivision 1 except upon the written report of one or more physicians or surgeons chosen by the MFFRA Board. This report shall set forth the cause, nature, and extent of disability, disease or injury of the member. Each such report shall be filed with the Association. 17 - 7/27 Subd. 3: Procedure. All applications for disability benefits shall be made within sixty (60)days after such applicant has ceased to be an active member of the fire department. Written application shall be made to the MFFRA Board setting out the nature and cause of such disability. This application shall be under oath. The application will be laid over until the next meeting of the MFFRA so that the applicant may be examined by one or more physicians of MFFRA's choice. This physician shall submit a written opinion concerning the nature and degree of the applicant's disability and its probable duration or permanence. Final determination of disability will be based on the reports of at least one doctor, a recommendation of the Board of Examiners and by majority vote of the Board of Trustees present at the Maplewood Fire- fighters Relief Association meeting. Subd. 4: An applicant shall not be considered under a disability unless he /she furnishes such medical and other evidence of the existence thereof as the MFFRA may require. An applicant's statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in Subdivision 1. There must be medical signs and findings, established by medically acceptable clinical or laboratory diagnostic techniques, which show the existence of a medical impairment that results from ana- tomical, physiological, or psychological abnormalities which could rea- sonably be expected to produce the pain or other symptoms alleged and which, when considered with all evidence required to be furnished under this subdivision (including statements of the applicant or his /her physician as to the intensity and persistence of such pain or other symptoms which may reasonably be accepted as consistent with the medi- cal signs and findings) would lead to a conclusion that the applicant is under a disability. Objective medical evidence of pain or other symptoms established by medically acceptable clinical or laboratory techniques must be considered in reaching a conclusion as to whether the applicant is under a disability. Subd. 5: Grievance Procedure. If the applicant for disability benefits feels he /she has been aggrieved by any action of the Board, he /she shall, within sixty (60) days from notice of such action of the MFFRA, file written objections and the reasons thereof with the MFFRA and said MFFRA may order said applicant to further appear before the MFFRA for further examination. ARTIBLE VII AMENDMENTS These by -laws may be amended at any annual or special meeting by a majority vote of the membership, provided the proposed amendment was presented in writing to each of the fire departments 30 days prior to the meeting. ARTICLE VIII FINANCIAL OBLIGATIONS Should the Relief Association's general or special account become depleted to the extent that the benefits by these by -laws cannot be paid, the board of trustees 18 - 7/27 will determine how much each fire department will contribute to replenish such fund, pending amendment of by -laws to provide for lesser benefits. The same amount will apply to each department. ARTICLE IX DISSOLUTION The funds remaining in the special account shall be disbursed as provided by State Law. If State law does not provide for the disposition, the Board of Trustees will determine the disposition of this account as well as the general account. Seconded by Councilmember Bastian I. NEW BUSINESS 1. Charles Pearson - Fire Siren Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Councilmember Juker abstained. a. Mr. Pearson requested that the Hazelwood Fire Siren only be sounded when there was severe weather, pager failure or a national emergency. b. Director of Public Safety Collins explained why_ the sirens were necessary. c. No action taken. 2. Establish Open Space Committee a. Mayor Greavu introduced the following resolution and moved its adoption: 87 -7 -146 WHEREAS, the City of Maplewood has realized a serious need to preserve in its natural state certain land areas in the City; and WHEREAS, it is improtant that we preserve and enhance the City's environ- ment, which includes such characteristics as wetlands, natural drainage, natural vegetation, habitat for wildlife, etc.; and WHEREAS, there is a serious need for a study of the above described Open Space needs; NOW, THEREFORE, THE CITY COUNCIL OF MAPLEWOOD hereby creates an Open Space Committee to investigate and identify Open Space lands that are available for acquisition by governmental agencies; and to give an approxi- mate value of the property that has been identified for Open Space, and to return a report to the Maplewood City Council by October 15, 1987. Seconded by Councilmember Wasiluk. Ayes - all. 19 - 7/27 b. Councilmember Bastian moved that there be up to ten (10) members a to the open space committee and that the following be appointed: Charlotte Wasiluk Norman Anderson Don Christianson Marilyn Vars Bill Mahre Warren Wallgren Seconded by Mayor Greavu. Ayes - all. Councilmember Bastian moved to suspend the Rules of Procedures and add NAPA to the Agenda. Seconded by Mayor Greavu. Ayes - all. 3. Authorization to Replace Naturalist. a. Manager McGuire presented the Staff report. b. Councilmember Wasiluk moved to authorize the replacement of a perma part -time naturalist for the Nature Center. Seconded by Councilmember Bastian. Ayes - all. 4. McKnight Road Agreement a. Mayor Greavu moved to approve the agreement with Ramsev Countv for con- Seconded by Councilmember Bastian. Ayes - all. 5. B.N. Corridor Acquisition a. Councilmember Bastian _introduced the following resolution and moved its adoption: 87 -7 -147 WHEREAS, Ramsey County has established a regional rail authority; and WHEREAS, this rail authority has the power to acquire abandoned rail corridors; and WHEREAS, the Burlington Northern corridor has been abandoned within the Cities of Maplewood and St. Paul; and WHEREAS, Burlington Northern plans to sell the corridor in sections to private and public interests if a public offer is not made; and WHEREAS, this corridor should be acquired for public use; and WHEREAS, the regional rail authority is in the best position to acquire this corridor and represent the multiple agencies and jurisdictions interested in its use. 20 - 7/27 NOW, THEREFORE BE IT RESOLVED, that the City of Maplewood urges the regional rail authority to appoint a corridor advisory committee to study and develop a proposal to acquire the abandoned Burlington Northern rail corridor; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that this task force include representatives from the City of Maplewood. Seconded by Mayor Greavu. Ayes - all. 6. Comparable Worth - Special Meeting Date a. Councilmember Bastian moved to 4:30 P.M.. Thursday. August 13. 19 Seconded by Councilmember Wasiluk. Ayes - all. 7. Council Salaries a. Councilmember Juker moved first reading of an council salaries effective January of 1988. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Juker and Wasiluk Nays - Mayor Greavu and Councilmember Bastian. Councilmember Anderson moved to extend the meeting past the deadline. Seconded by Mayor Greavu. Ayes -all. 8. Flood Problems a. Director of Public Works Haider explained the flooding probelms at 1613 Sandhurst Drive. b. Council directed the health officer and building official to investi- gate the safety of the dwelling. 9. Change Order a. Councilmember Bastian moved to No b. Councilmember Bastian moved to approve Change Order No. 2 in the amount of $7000.00 for the grading of Geranium Park. Seconded by Mayor Greavu. Ayes - all. COUNCIL PRESENTATIONS 1. East Community Family Service ect a. Councilmember Bastian updated the Council regarding the East Community Family Service. - 21 - 7/27 Meeting adjourned at 11:00 P.M. to reconvene at 4:30 P.M., Thursday, July 30, 1987. July 27, 1987 Meeting reconvened at 4:30 P.M., Thursday, July 30, 1987. Roll Call John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present K. COUNCIL PRESENTATIONS (Continued) 2. Power Outages a. Councilmember Bastian stated his area was experiencing numerous power outages. b. Staff answered Mr. Bastian's questions. 3. N.A.P.A. a. Councilmember Bastian stated he felt N.A.P.A, had made every attempt to remove the blue paint from their building. He requested N.A.P.A, be allowed to use their National Logo color. b. No action taken. Item to be on August 10, 1987 Agenda. 4. Recycling Solid Waste Committee Meeting a. Councilmember Wasiluk was asked by the Committee to establish a meeting with the Council, Ramsey County Commissioners Hal Norgard and Warren Schaeber and the Recycling Solid Waste Committee. She wondered if Council was in- terested. b. Meeting established August 6, 1987, at 6:00 P.M. in Conference Room A. 5. House on Beam - Frattalone Property a. Councilmember Wasiluk stated she had her questions answered previously. Councilmember Anderson moved to waive the Rules of Procedure and add Council Rules of Procedure to the Agenda. Seconded by Mayor Greavu. 6. Rules of Procedure Ayes - all. a. Councilmember Anderson moved that the Council Rules of Procedures be placed on the August 10, 1987 Agenda. Seconded by Mayor Greavu. Ayes - all. L. ADMINISTRATIVE PRESENTATION None. 22 - 7/27 M. ADJOURNMENT 5:47 P.M. City Clerk 23 - 7/27 MINUTES OF MAPLEWOOD CITY COUNCIL 5:00 P.M., Monday, September 21, 1987 Main Conference Room, Municipal Building Meeting No. 87 -19 A special meeting of the City Council of Maplewood, Minnesota, was held in the Main Confer- ence Room, Municipal Building, and was called to order at 5:00 P.M. by Mayor Greavu. Council members present were John C, Greavu, Norman G. Anderson, Gary W. Bastian and Frances L. Juker. Also present were Mike McGuire, City Manager, and Dan Faust, Finance Director. The purpose of the meeting was to discuss the Proposed 1988 Budget. Manager McGuire discussed the letter of transmittal with the Council. Councilmember Bastian requested staff to supply the Council with a listing of the average market value of homes in Maplewood for the past 10 years and to indicate what portion of the total taxes are for the City. Councilmember Bastian also requested staff to determine the potential cost for Unemploy- ment Compensation benefits if the proposed two new employees in the Engineering Division are layed off in one to two years. At 5:15 P.M. Larry Cude and John Zuercher arrived. The Proposed 1988 Budget for the Emergency Services Division was discussed. Larry Cude and John Zuercher left at 5:30 P.M. At 5:30 P.M. Ken Haider arrived. The Public Works Department Proposed 1988 Budget was discussed. Mayor Greavu requested staff to investigate if the cost of the new opticons on Century Avenue could be shared with adjoining cities. Manager McGuire informed the Council that the repainting of the interior of the water tank was being delayed to 1988. Therefore, the Proposed 1988 Budget for the Hydrant Charge Fund needed to be revised by the transfer of $125,000 from 1987 to 1988 for Account 03- 4470 -60. Ken Haider left at 6:20 P.M. and Ken Collins arrived. The Proposed 1988 Budget for the Public Safety Department was discussed. Ken Collins left at 7:25 P.M. At 7:30 P.M. Geoff Olson arrived. The Community Development Department Proposed 1988 Budget was discussed. At 7:40 P.M. Geoff Olson left and Lucille Aurelius arrived. The Proposed 1988 Budget for the City Clerk's Department was discussed. Councilmember Juker requested staff to determine the cost to hire a part -time employee to work two hours per day during the lunch period. At 8:00 P.M. Lucille Aurelius left. The Council discussed the Proposed 1988 Budget for the Finance and General Government Departments. At 8:20 P.M. Bob Odegard arrived. The Parks and Recreation Department Proposed 1988 Budget was discussed. At 8:40 P.M. Bob Odegard left. The Council discussed the Capital Improvements Budget and directed staff to increase the levy for the C.I.P. Fund by approximately $20,000 so that the City's total tax levy for 1988 will be 2 %. The Council discussed the state levy limit law. Council directed staff to increase the General Fund tax levy to the levy limit, to decrease the Debt Service tax levy by a corresponding amount, and to include a budgeted transfer from the General Fund to the Debt Service Funds by the same amount. The Mayor adjourned the meeting at 9:30 P.M. E - 1 ACCOUNTS PAYABLE WILL BE DISTRIBUTED TO YOU LATER I DATE 09/15/87 PROGRAM PRIO PAYROLL CHECK REGISTER REPO uKulab NUM EMPLOYEE NUMBER NAME PAY D'D 0 C I T Y 0 F M A P L E W 0 109613 '01-0109 GREAVU,JOHN c 400.00 10970 01 -- 0480 WAG ILUK CHARLOTTE P 325,00 01-1318 BAST IAli GARY W 325,00 10972 -.01-7538 JUKE FRANCES L 325xOO 10973 01-8088 ANDERSON NORMAN G 3250 00 DIVISION 01 LEGISLATIVE 1700,00 pp 0 McGUIRE MICHAEL A 2330. 59 10 9 5 02-9671 BEHM LOIS N 852,25 DIVISION 02 CITY MANAGER 3182a 84 10976 10-4474 JAHN DAVID 1 668,25 rO977 10-652 3 SWANSON JR.L E 933 5 . 8 3 D!—'jISION 10 CITY HALL MAINT 1604408 10978 12-0166 CUDE LARRY 1 242,40 0 9 7 2709 0 8 ZUERCHER JOHN L 157o6O 2 05 OGTE R ANDREA i 665u05 IVISTON 12 EMERGENCY SERVICES 10 Gam. O5 t'10981 21-1078 FAUST DANIEL F 18464 28 D I V I,rn'% I ON 21 FINANCE ADMINISTRATION 1846.28 4.5 10982 0983- 22-4432 MOELLER MARGARET A 732u59 I aa-41446 MATHEYS AL ANA K 8 t*-:p 8 a ` 5 ol 10984 22-7550 VIGNALD DELORES A 852a25 I 1 0 985 22-9267 ANDERSON CAROLE,J 1146u46 0 5 DIVISION 22 ACCOUNTING 3599u55 D'D 0 C I T Y 0 F M A P L E W 0 DATE-09/15/87 PROGRAM PRIO CITY OF MAPLEW PAYROLL CHECK REGISTER REPC 47 11001 CHECK ZAPPA JOSEPH A 1455.26 GROSS 42-0251 NUM EMPLOYEE NUMBER NAME 1308w68 PAY 11004 42-0918 NELSON CAROL 10987 31-4816 SELVOG BETTY D 186,00 J 1,332. 68 T1006-42-1204 ST FEN SCOTT L 1323w08 11007 42-1364 ARNOLD DAVID L 1455.26 11008 42-1577 BANICK JOHN J 1503u86 1-1-009 42-166--o JOHN C 1190,21 11010 10989 33-0547 KELSEY CONNIE L 428.55i}10990 33 -1614 BROWN BARBARA E 67.30 RICHARD M 1449n22 11013 JOHN 10992 3:53-4994 HENSLEY PAT 10993 10 5 EE'`PHYLLIS c 929x05 nnn u4 9. mo i 10995 41-1717 COLLINS KENNETH V 1917.48 10996 41-2356 RICHIE CAR8LE L 706. 65 SVENDSEN JOANNE M 96,144 %37 N '^ i 10998 41-3183 NELSON ROBERT D 1675a88 i "10999 41-7636 OMATH JOY E 720.25 11000 41 i DIVISION 1 PUBLIC SAFE/, :unIm 6644,40 47 11001 42-01%30.ZAPPA JOSEPH A 1455.26 11002 42-0251 STILL VERNON T 1308w68 11004 42-0918 NELSON CAROL M 1408. 11005 42-0990 MORELLI RAYMOND J 1,332. 68 T1006-42-1204 ST FEN SCOTT L 1323w08 11007 42-1364 ARNOLD DAVID L 1455.26 11008 42-1577 BANICK JOHN J 1503u86 1-1-009 42-166--o JOHN C 1190,21 11010 42-1899 CAHANES ANTHONY G 1675s,88 11011 4 C*--'— 19 230 CLAUSON DALE K 1357,48 12 42-2063 MOESCHTER RICHARD M 1449n22 11013 42-2115 ATCHISON JOHN H 1396n68 0 DATE 09/15/87 C I T Y O F M A P L E H PROGRAM PR10Ilk PAYROLL CHECK REGISTER REP( GROSS NUM EMPLOYEE NUMBER NAME PAY 11014 42-2884 PELTIER WILLIAM F 1455,26 WELCHL-T CABOT V 1029, 82 J 1397a 17 11018 42-4775 PALMA STEVEN T 879a88 11020 42-6119 DREGER RICHARD C 1455,26 42-8226 STAFN 14i 23 41-- 84%'.TJ4 BECKER RONALD D 68 11024 42-8516 HALWEG KEVIN R 1724. 66 397, 07 110'126 42-9499 PAULOS—JR.PAUL G 238,80 DIVISION 42 POLICE SERVICES 3—KARI FLINT D 1332,68 11030 4-3— 1789 GRAF DAVID M 1405n 48 o - * 1 2052 THOMALLA DAVID J 1447. 27 11 RAZSKA /DALE E 1.5250 11036 43-7791 MELANDER JON A 1504,59 D I V IS I ON 43 PARAMEDIC SERVICES 12685,26 11037 2+ -18 78 EMBEHISON m 143 1. 88 DIVISION 45 FIRE PREVENTION 2688. 56 Au11039 46 —0183 RABINE JANET L 993-73 11041 46-0389 BOYER SCOTT K 855,65 DATE 09/15/87 ' C I T Y O F M A P L E W PROGRAM PR10 PAYROLL CHECK REGISTER REP[ Llwl 11050 COLLINS MEYER E.`E."`LD l l . 23 GROSS 11051 52-1241 NUM EMPLOYEE NUMBER NAME 1175.45 PAY 52 -1431 LUTZ 11042 46-2990 SARAFOLEAN JULIA A 762w73 nLAuSImu HENRY ' 110-43 4t' :-4801 RYAN MICHAEL P 1660084 RONALD J 1 -144 6254 5 11058 52-823 1 CASS WILL -I AM C 1497n66 DIVISION 46 DISPATCHING SERV DIVISION 52 STREET MAINTENANCE 9921,84 BARTA MARIE L 697o69 G 1203.45 to "!11060 53-1688 PECK DENNIS L 1203u45 11049 51 CHLEBECK JUDY M 884,25 11062 53 -3 970 AHL-J «^RAY C 1489.66 i 11063 53-4671 DIVISION JAMES 51 PUBLIC WORKS ADMIN 1291.35 3377n 02 Llwl 11050 COLLINS MEYERE.`E."`LD l l . 23 53-6109 11051 52-1241 KANE MICHAEL R 1175.45 1 1052 52 -1431 LUTZ DAVID P 1044021 1m5 5c:-,nLAuSImu HENRY 'F 1l02.65 11054 52-4037 -HELEY RONALD J 1062 65 6254 5 11058 52-823 1 CASS WILL -I AM C 1497n66 DIVISION 52 STREET MAINTENANCE 9921,84 JAMES G 1203.45 to "!11060 53-1688 PECK DENNIS L 1203u45 1-1061 53-2522 PRIEBE WILLIAM 1266.85 11062 53 -3 970 AHL-J «^RAY C 1489.66 i 11063 53-4671 GESSELE JAMES T 1291.35 11064 53-5069 COLLINS STEVEN A 301w63 11065 53-6109 GEISSLER WALTER M 1337,28 0 DATE 09/15/87 PROGRAM PR10 11078 61-2618 STAPLES PAULINE 1367.26 CHECK GROSS NUM EMPLOYEE NUMBER NAME. PAY 11066 54-137275 L.OFGREN JOHN R 872,86 DIVISION 54 PUBLIC WORKS BLDG MAINT TRAVERS 872,86 11081 b" 3790 ANDERSON ROBERT 110:58-1014 NADEAU EDWARD A 1121. 90 11068 58-1590 MULWEE GEORGE W 1015.24 j 11069 58-1720 NUTESON LAVERNE S 1530-34 11070 58-^2563 BREHEIM ROGER W 1119896 MARK 562 EDSON DAVID B 1119, 96 11072 9 9 3 E.`GERALD C 401w85 DIVISION 58 SAN %r-.*3%EWER OPERATION 1102n 65. 6309.25 oEnn,,Im DAVID x 1082 65 11 1000 MULVANEY DENNIS M 1161m 85 1 -1074 59 VEH 1101 5 o 0 1:5 ` 89 uDEoAmD ROBERT u 1 r23 08 DIVISION 61 COMM SERVICES ADMIN CITY OF MAPLEWO PAYROLL CHECK REGISTER REPO 4318.31 | 11079 6 1998 WILLIAMS 11080 62-2111 TRAVERS DANIEL 11081 b" 3790 ANDERSON ROBERT S 1013. 05' 11082 62-3915 LINDORFF DENNIS P 1019u93 YUKER WALTER A 81,00 11084 62 HELEY ROLAND 11085 62-5506 MA,RUSKA MARK A 1175a45 11086 62-6943 SCHNEIDER GREGORY W 210200 11087 62-7219 BURKE MYLES R 1102n 65. 11088 62-8182 oEnn,,Im DAVID x 1082 65 35 DIVISION 61 COMM SERVICES ADMIN CITY OF MAPLEWO PAYROLL CHECK REGISTER REPO 4318.31 | 0 DATE 09/15/87 C I T Y O F M A P L E W O/ PROGRAM PR10 PAYROLL CHECK GISTE|REPO E..` THOMAS G 1035, 45 72-8`505 JOHNSON SS NUM EMPLOYEE UMBER NAME PAY m ` 1 | DIVISION 62 PARK MAINTENANCE 1110C 73-1942 CARVER 7116,26 DIVISION 73 BUILDING INSPECTIONS 2450m7l 11090 63-3744 VASQUEZ MICHAEL A 3510--1 o WARD xu,G 406, 40 J 11092 63-6422 TAUBMAN 'DOUGLAS J 1056. 86 DIVISION 63 RECREATION PROGRAMS 1814,76 110 13 4-0508 GREW 'JANET M 892825 zzmy -uwwLL U1[M 7 . 24 6*NATURE CENTERER ze`/9. 49uN 11095 71 DOHERTY KATHLEEN M 745,85 11096 71-0551 OLSON GEOFFREY W 1701u48 11097 / 1-u1 /*wEGwER / H JUDITHH A 415m83 J 11098 71-8754 LIVINGSTON JOYCE L 356n44 DIVISIO.N 71 COMM DEVELOPMENT ADMIN 3219m60 le 110`39 72 1 EKSTRAND THOMAS G 1035, 45 72-8`505 JOHNSON RANDALL L 1034a23 DIVISION 72 PLANNING 1110C 73-1942 CARVER NICHOLAS.N 10c%-:)9x 45 i DIVISION 73 BUILDING INSPECTIONS 2450m7l DATE 09/15/87 C I T Y 0 F -M A P L E W 0 PROGRAM PR10 PAYROLL CHECK REGISTER REPO j 7 1 si 0 CHECK NUM EMPLOYEE NUMBER NAME GROSS PAY ti 11103 74-0776 11104 74 —5873 WENGER ROBERT GRANGER GREGORY J 1181,85 A 180a 00 DIVISION 74 HEALTH INSPECTIONS 1361,85 FUND NOT ON FILE 1 *38739w 69 GRAND TOTALS I U-38739m 69 ft", j 1 j 7 1 si 0 DATE 09/ 16/87 PROGRAM PR 10 CHECK: YEE NUMBER NAME C I T Y Q E M Ar P L E W 0 PAYROLL CHECK REGISTER RE PC GROSS AY AGENDA NUMBER ADEN- DA-REPORT TO:. City Manager FROM: Finance Director 2 RE: Renewal of Insurance Contracts DATE: Septe*mber - 18, 1987 I NTRODUGT I ON Action by Council.:] Endorse Modifie 1jej eote Date It is . ro osed that the exi st.ing one -year contracts forpp ' Shieldemployeeinsurance . be renewed w ith Blue Cross /Blue , Grou Health. *Em 1 o y ee Benefi Plan-and Commercip p al Life. BACKGROUND Contracts .fore emp1 oyee group ins.urance coverages are rebid every four years as requi red. by state law, Annual the contracts require to be renewed... The current one -year con- tracts w - th - the above companies expire Oc. 1 , 1987 , Con p ptractrenewal ro osals from al of these companies*.except Commercial Life in.di cate that premium rates will increase by 1 8 % based c aims . e.xperi`ence e Commercial Life has5/ to / indicated that they. wjl l not require a premium increase* The City al se ha an insurance contract wi th Share Heal th Plan but this contract does not expire unti October 1 , 19880 RECOMMENDATION It i recommende-d that-th existing s w one -ye contracts for employee n u rance be renewed with. Blue Gross /Blue Shield, G-rou,p Health, Employee Bene-f i is Plan and Commercial Life DFF :kd - f I Action by Co of MEMORANDUM Endorsed. Modified. ....,. TO: City Manager Rei ecfed FROM: Associate Planner-- Johnson' --- SUBJECT: Time Extension LOCATION: Between Mailand Road and Highpoint Curve APPLICANT /OWNER: Mary Anderson Construction PROJECT: Crestview Third Addition.Preliminary Plat DATE: August 31, 1987 SUMMARY Introduction The applicant is requesting a one= year.time extension for the unplatted portion of the Crestview Third Addition preliminary plat. Refer to the map on page 7 ) . The first phase (page 8 ) of the plat was f inal platted in December 1985. The applicant expects to request final plat approval for the remainder of the development next spring. There have not been any code amendments or changes in the area that would justify denial of the requested time extension. Recommendation Approval of a one -year time extension for the remaining unplatted portion of the Crestview Third Addition preliminary plat, subject to the 10-9-85 conditions of approval, BACKGROUND Past Actions 11 -1 -79: 1. Council approved a planned unit development (86 single dwellings and ten double dwellings) for this project, with the condition that the first building permit must be issued within one year or the planned unit development shall terminate unless renewed by the city council. 20 Council also conditionally approved a preliminary plat (page 7) 6 -5 -80: Council approved a 90 -day time extension for the Crestview Third Addition preliminary plat, subject to the original conditions. 10- 16 -80: Council approved a 90 -day time extension, subject to the original conditions, and also renewed the planned unit development for one year. 1- 22 -81, 4 -16 -81 and 8 -6 -81: Council approved ninety -day time extensions for the preliminary plat, subject to the original conditions, 9- 13 -82: Council approved a one -year time extension for the planned unit development and preliminary plat. In January 1983, the applicant chose to let the planned.unit development expire. The development is now limited to single dwellings. 10 -9 -85: 10 Council approved and amended the 11 -1 -79 conditions of preliminary plat approval to read as follows: a. A signed developer's agreement shall be submitted to the city engineer to assure construction of the following items: 1) All internal improvements, including the two drainage ponds. ( Phase I and II) 2 ) That part of the pond on the adjacent town house property to the west. (Phase I) 3) An outlet pipe from the southeast pond to the Mailand Road storm sewer (Phase I) 2 4 ) A ten -foot wide asphalt path, (eight feet if no fencing) between Lot 12, Block 2 and Lot 1, Block 3. Fencing will not be required if the trail is constructed prior to construction of the adjoining dwelling. (Phase I) 5) A ten -foot wide asphalt trail (eight feet wide, if no fence and nine feet wide, if fenced on one side) along the west edge of the Williams Brothers' pipeline easement and on the walkway to be dedicated west of Lot 1, Block 5, Crestview Addition. (Phase I) Fencing will not be required along the west side' of the trail if it is constructed before an abutting dwelling is constructed. Fencing will also not be required along the east side of the trail provided the owners of the single dwelling properties unanimously agree that fencing is not necessary. If fencing is installed, gates onto the trail from adjoining properties may be permitted, provided the property owner pays.the costs of the gate. The type of fencing material shall be approved by the city parks' director. Written permission from Williams Brothers' pipeline shall be submitted to the director of community development authorizing trail on their easement. The applicant shall eliminate the depression in the trail corridor, north of Maila.nd Road, to the maximum extent permitted by Williams Brothers' pipeline. b. Approval of final grading and drainage plan by the city engineer. ( Phase I and II) C* Deed restrictions shall be approved by the city attorney and filed with each of the double - frontage lots, restricting drive access to the interior street. (Phase I) d. The applicant shall deed Outlots A and B (storm water ponds) to the city -or revise these outlots by extending the rear yards of . adjacent lots and showing drainage easements over the areas presently shown as Outlots A and B. .(Phase I) e. The developer's agreement shall contain the erosion control procedures recommended by the soil conservation service in their report of March . 26, 1979, except for Condition 1 on page 3. Phase I and II) f . Council vacation of the north three feet of the Mai land Road right -of -way. ( Phase I) g. Renaming "Lakewood Drive" and "Crestview Lane" to "Marnie Curve." All of the street addresses shall be for a north /south street. (Phase II) " 3 h. Renaming "Marnie Street" and "Prescott Road" to Highpoint Curve." All of the street addressed shall be for a north /south street (Phase I ) . i . The city approves the temporary ' use of crushed limestone for the streets, until they can be paved in the spring. The developer must sign an agreement that holds the city harmless from any liability caused by the use of crushed limestone, rather than paving ( Phase I ) . 2. Council approved a one -year time extension for the portion of the Crestview Third Addition preliminary plat to be developed as the second phase (page 7 ) . 30 Council vacated the north three feet of the Mailand Road right - of -way that abutted the entire preliminary plat site. 49 Council rezoned the entire preliminary plat site from F, farm to R -1, single dwelling. 12 -9 -85: Council approved the Crestview Third Addition final plat first phase page 8 ) . 10-13-86: Council approved a time extension for the unplatted portion of the Crestview Third Addition preliminary plat, subject to 10 -9 -85 conditions of approval. Plan'ning Section 1005 (e) of the subdivision code provides that for one year following preliminary approval and for two years following final plat approval "unless the subdivider and the city agree otherwise, no amendment to the comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout or dedication platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the city may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application, unless substantial physical activity and has occurred in reasonable reliance.on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In.connection with a subdivision involving planned and staged development, the city may by resolution and agreement grant the rights referred to herein for such periods of time longer than two (2) years which it determines to be reasonable and appropriate." 4 Procedure City council decision mb Attachments 1. Location Map 2. Preliminary Plat 3. Final Plat ( first phase) 5 351 1 .• UPPER AF 70N RO. L-!] L L9 U LjU9 jf 128NRZZW 2 t 4' LOWED r TON RD. •'= 39 • Q LONOIN LA ui 0v C -u 4 (1) UARY LANE nv o - " 39 tom) o oA'Y LANE D68 (3) Po#-O A Q '' (4) ()DAY CIRC. wz Q LAKEwoc ^. i TEAKwOOi, tRl E r U) CD o 0 0 232 .251 LINWOOD AVE. - O ° HL ' veti _ DA HL c j. O T28N W C' 127 z R22Mf f3 la R21M Z l• Q = EnfirsTcl . r• "' 3 T C. 72 494 HIGNwooD AV 74 LOCATION MAP 6 Attachment 1 t r V) I C) 3 O V) 0 O 3 W J CL Q LONDIN LANE Its a V its 0. L, A •• LI Po+wo by . 7 1 . • + PR ESCOT_T. RD. b lb as as :: First Phase Final Plat 1.2/85) M y d e1 !lr- Ise IA o N do ! ~ o e 9 Iso ! ° tt • 14 ii M t V. ' _ r9Si ~/ Q f 13 o° 12 e o to• 2 - 11t_ ti ... N 1 t7f: o ISO , 1 f+ I lL F-4 LU; 1 r F•--1sCRESTVto1 .o _ t go 1!S _ + >r` 1!013 0 0 T - - - - -1 to - - - - - r - -- - - - - -- b 1 b 1. 1t 1 1 of e ' • 1 Tr•:1 Iti:ni fir..... Y `' " f%t1 ` Huntington Hills CITY PARK w Q o N O W V QY W U N CREST VIEW FOREST. TOWN HOUSES PRELIMINARY PLAT Approved 11 -1 -79) 7 Attachment 2 4 N V • l CONNEMARA uallw04 North lint of S.E.' /4 of •N 08 / 60f Ste. IL T Lb • R. ZZ _ -_ a — S 88 12 1317.04 L _ .. In 821. 11 A r o . 96.90 LONOIN LANE o - x _81.52_11 r- 9.63. - 252., __ 113 . 47 - - -T - - -- 151 - - -, /•_ I3000.Q.v o w4. ?J159.72 V9 • ,r, Q2 10. Sa • eniA • i 1 • I .t a '" . .:, z' o s o s o „1„ .. _ z , z a : _ z oft , i . / 11- o ef ° , N 1 1 30 : - ,: 1 `'' a 2 ° n 3 4 ; 5 a i 6 "a c • 0 o A 1 - _ o bw - z_ z_ z_ z_ ier/ •JOUTLOT 'Sfie, H o r •. 2 yr oR 1 1 1 1 1 T ti 2Qrbp' , ' a , T • . w 4J,y 'L Q w a o 0 L 1 , , 1 1 1 •1 • I r pot. .° 91 1b ) JOO ` ` '/ 4• ? ' pr ( g.y t.,, + bb o Q , Q a.is - -J i L. i 300 P , 3.. 1 1. . M• q p 6 •• : ' p M 05 es 50 9..50•' e2 s0" .49 >• dVQ•i In I P Q ' e• .1t• s T• • ,y`0 2 ti 9 b 6t 11• ? ,O •eei Q 1• V y J Cb 0. 9 !, eb d• 99] •, d . / .A .JOQQ` 1 r ` s' , Ir 1 V •. 2?• 365:55 - wEsT b 9 1 Jet ` Z . Q p Lolls 1S 4 •* • 1 0: < <. 1• ° itHIGNPOINT CURVIE e °• c`•h"' 3 IV " a , soc 4 '''o., - 1 - 9 1 Ci fit. pp. % \ ,. _ ,A2" 10V j -472.41 EAST - "13000 - 30 so 5I _ - CAST -o v +- _: o 8 0 r - - 130 00 - 0 1 e I o I : EAST -. .! 0 1 1 0Ir- - - 13000- - ,° a -- 6 I O ° _ - - EA N w 9 wo A - 13000-- - tq0O ,n n '- - -- EAST - - - - _ 0 12 0 O 1 o o N 1 i , 130.00 0 1 V N a 0 1- -- EAS>` - - - r t/1 M_ I O 10 0l O •20.00 2000 ALKW. o M a EAST- 00130or• - EAST' - -' I h 11 . 10ar"-- 13000' - -, IU o I 0 1 w eo NUx '> Cr. 1 - -- EAST. - -J 00Z / 1 ' r - - 130.01?i OUTLOT C .___EAST__ 0 w -t - - L 2 0':, - ,42 N O n 1 t ' ,_, 12 - - __EAST__O Crrmet+ t3000' O Z JII N ti v^ 0.2q -- - -i 0 3 a ;h ;a_ IV _13 vim° o - 13s °•w -J ; UTILITY EASEMENT ^A - 4 I oOOC.1914131 A OTHERS Ai1] 6] ^ 14 •` eq,ti Q y' wo ,n 6020E. KING AVENUE 16 qp If" po !0 0 0 s9 ]? ti b 'lb:y W r 10 EAST : Ro,O •9s30c93 a \z,po o, , Cp 0 1 0 , t .c ap 5233 L - 16 o •vo 8 ° • ?q ti'L 0 o% y lb 0NservoE61 1 ,. ` • P *QO 0' ` 0 .o I J s. ti• •` Y a 2 ebo 0 c a ` .t aw =TLOT- T 1 9ZqtB +evI ~ A q. 4 , 3 L3 0 ' 00 \ 1 CC NI r Vi.'E,ft' ( 0 O' 0, ?1 4010 - z o fpsi , o _ sip t Con Z q9 Z s • Z 28.6 745 34 7 - - - MAILAND eT>eo ° ROAD 439e3 1 e t • r N 88. 42' 35 "E 131 T.4S f li A rI so VISTA HILLS r PARK CRESTVIEW THIRD ADDI -TION FINAL PLATT PROPOSAL o •ta es 'ors 1sz._ess 85.00. 06 r _esoo_,sxoo..8200.s oo__ 03 - < • ' o 2 moo°3 0 4 S $6 i 1 1 1 1 1 1.t l Z `l 7 4 ` 1 1 1 1•1 1 l 551 •:_90.00 e5.00 e500•e200 -1'500 --EAST - -• Attachment 4 N T0: FROM: SUBJECT: LOCATION: APPLICANT /OWNER: PROJECT: DATE: Introduction SUMMARY The applicant is requesting a time extension for the conditional use permit that authorizes the Hazel Ridge planned unit development of community service uses, offices and the Hazel Ridge Seniors' Residence, Background On August 7, 1980, council approved the use of the former Hazelwood School for community service programs, including home health care, community education, chemical dependency and family counseling and day care. In 1985, council expanded the 1980 permit to include the Hazel Ridge Seniors' Residence. (Refer to the past action section for the conditions of approval.) A one -year time extension was granted in May, 1986, Discussion The marketing manager -for Hazel Ridge Seniors' Residence states that 32 of the 75 units (43 %) are occupied.. The conditions of approval require the adequacy of the parking spaces to be reviewed one -year after 95% occupancy attained. According to. the marketing manager, 950 occupancy will probably not be achieved until this time next year. A two -year renewal is therefore appropriate. Recommendation Approve a two -year time extension for the Hazel Ridge planned unit development, subject to the original May 13, 1985 conditions of approval. REFERENCE Past Actions 5- 13 -85: Ac by CounoiI :j EndorselMEMORANDUM Modified Rejected..,. City Manager Date Associate Planner -- Johnson Time Extension -- Conditional Use Permit 2696 Hazelwood Avenue Health East Hazel Ridge Planned Unit Development September 11, 1987 Council approved a conditional use permit and parking space variance for the Hazel Ridge planned unit development at 2696 Hazelwood Avenue. The PUD consists of the 75 -unit Hazel Ridge Seniors' Residence, office and community services programs for day care, health and. wellness and community health education. Approval was-for one year, subject to: 1. Construction of the seniors' residence must be substantially started within one year, unless extended by council. (Completed) 20 If council determines there is inadequate on -site parking for the seniors' residence within one year of 95% occupancy, additional parking spaces may be required. (Review expected fall, 1989.) 3. Development of parcel A shall require an amendment to the PUD. The Director of Community Services shall be notified of any proposed development of this parcel prior to scheduling use of the softball /tee -ball facilities for an upcoming season. If the redevelopment of parcel A is to include recreational uses, the Maplewood Community Services Director shall be involved in the development process, to represent the city's and the neighborhood's interests and to negotiate on their behalf. The Director of Community Services shall approve the location of the proposed foot trails. 4. A trail easement shall be granted and a trail constructed along the south property line, prior to issuance of an occupancy permit for the residence, unless waived by the Director of Community Services. A developer's agreement for on -site improvements shall specify the construction requirements for the trail. Fencing is at the discretion of the applicant. (An escrow has been submitted.) 5. Density shall be calculated on the basis of the entire residential portion of the site (proposed parcels A and C) and include, but not be limited to, a credit for underground parking and a reduction in net density for the trail easement required in condition four. 6. The site plan on page 10 of the April 30, 1985, staff report is adopted as part of the conditional use permit, except that the trail shown in the northeast corner of the site is not required. Compliance with Land Use Laws Section 36-442(e) states: All conditional use permits shall be reviewed by the council within one year of the date of initial approval, unless such review is waived by council decision or ordinance. At the one year review, the council may specify an indefinite term or specific term, not to exceed five 5) years, for subsequent reviews. The council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses..." 2. Hazel Ridge Senior Residence The marketing manager states that rent-up as bee anticipated. P n slower thananticipShebelievesthisisduetothemoreconservative seniorpopulationinthisarea. The concept of including fee for wellnessellnessservicesintherenthasnotbeenasattractivetoseniorsas management had thought it would be. Consequently, the rents have beeneenreducedbypermonth. One bedroom un is are now being offered at575to $795 per month and two bedrooms from 795 to $1,6004D jl Attachments 10 Location Map 2.. Hazel Ridge PUD 3. Letter of request 3 se is SIC Beam Avenue v ruo * LBC It joy ri R R' •PUS R R f For M1 - R M! SIC R R LAC AlM! rl • Highway 36 M1 R 76 R R LEL A MO ©6i F R - U F •' mid di- sc' . w ® . ' • M I Sp0 It - t a f UK it ' F c 1 •F ' , •A R LOCATION MAP 4 Attachmentcent One A asrN 404.1 aV11 Mr. WIP t EXISTINa If 60"8 Sao" Future Development He we PARCEL 3 0000 osit 166 too PARCEL 1 ties Be a still s @ do HAZEL RIDGE PUD Attachment Two R HealthEast ;:St. Joseph's Hospital 69 West Exchange Street St. Paul, MN 55102 612- 291 -3000 August 26. 1987 Randall Johnson Associate Planner City of Maplewood 1830 County Road B Maplewood, MN 55109 Re: Planned Unit Development /Health Resources, Inc. Dear Mr, Johnson: Thank you for informing us that a time extension is necessary on the Hazel Ridge planned unit development. Health Resources is requesting extension of this planned unit development and advises the City that we will be relocating some chemical. dependency .family therapy and mental health services done on an outpatient basis to that site, under the auspices of health, wellness and education. As you recall, we consolidated our outpatient chemical dependency services that were located at the Maplewood site to St. John's in order to better utilize space. Health Resources has evolved and joined a larger system called — HealthEast, We find that we are in need of space in the Maplewood area and need to relocate outpatient mental health programs to the Hazelwood school site. ' Most of the people participating in these outpatient programs are persons from the Maplewood, North St. Paul and White Bear Lake area. We currently serve hundreds of people from this area at our St. John's Eastside, Mounds Park and St, Joseph's Hospital sites. As you know, the Eastside - and Mounds Park Hospitals will close this Fall, thus precipitating the need to relocate these services. We feel that because these patients come from these communities, it is imperative to serve them in their community. Thank you for your co'nsi derati on of this matter and I look forward to hearing from you soon. Sincerely, W William Knutson Associate Administrator — Behavioral Health Services /HealthEast WK /ry MPLWD 3 D Attachment 3 E -S TO: City Manager FROM: Assoc i a - Planner -- Johnson SUBJECT: Final Plat LOCATION: Ariel Street and Lydia Avenue APPLICANT /OWNER: Gerald Mogren and Richard Schreier PROJECT: Lynnwood Terrace DATE: September 21, 1987 SUMMARY Introduction A,to. on by Council: Enders ed . Medifle Rej ecte Date The applicant is requesting approval of the Lynnwood Terrace final plat to.create 15 small -lot, single - dwelling home sites. Discussion The conditions of approval have been satisfied. Recommendation Approve the Lynnwood Terrace final plat. REFERENCE Past Actions 5 -11 -87 Council approved a rezoning from F, farm residence, to R -2, double dwelling /small -lot single dwelling, and approved the Lynnwood Terrace preliminary plat of 15 small -lot single dwelling home sites, subject to: 1. Reconciling the inconsistency in the north -south dimensions of the site between the preliminary plat, the county base map, and a certificate of survey completed by North Land Surveying Company on 3/4/87. 2. Show a storm water ponding easement on the plat in the vicinity of the north portion of Lot 14 or acquire a compensating easement on the property to the north and transfer it to the city. The location of either easement shall be approved by the city engineer. If an easement is shown on one or more of the proposed lots, these lots shall contain at least 7,500 square feet above the easement. 3. A twenty- foot -wide storm sewer easement shall be shown from the ponding easement to Lydia Avenue. The location shall be approved by the city engineer. 4. Final grading, drainage, erosion control and utility plans to be approved by the city engineer. If a compensating drainage easement is acquired to the north (Condition Two), the compensating easement must be graded. Filling of the north part of Lot 14 would then be allowed, but be subject to the city engineer approval via the developer' s agreement. 5. Submittal of a developer's agreement and surety for constructing separate water and sanitary sewer stubs to each lot (County's responsibility through their permit process.) 6. Amending the subdivision ordinance to allow 60- .foot -wide lots in R -2 zones. ji Attachments 10 Location Map 2. Lynnwood Terrace Plat 3. Lynnwood Terrace final plat (separate enclosure) 2 R 3 A 8C BIC F ' O o Raj L Av8CR28 R2Fc R l R R LM A i r F K Rl8C . wc R --fT 8C R R R, sc. F ni+r R, sc N t• L8C LL iFf - ____ CrBE QJA6f v R2 8 VIM) R R3 Puo Rz R2 F o F 9C r R 3C PUD R f s x 6 R R2 R R io F c R EoMHLL R DEMONT *E LAC BC F R c L8JSE: XTAN WE r Q 2 F _ R N A R AVE I try R M 1 R . ITOPI M1C SO MI Rj-• R -3C ' z • a Q • 1_ R C n R O T a •-Q aar r R 1 I . •. a ., , R LOCATION MAP 3 Attachment 1 1 1 w. .. •• PRELIMINARY PLAT APPROVED 5-11-87. 4A 3 or CIOlr4 as) MV 3 , JL 44 1. sry ob 4 g It 10C ly L . 13 t i:. / C 11.4 so 44, 0 8, 100 5 A- - 8.0.70" 404,0s 9405.0m IF, So 7 :UU-vRf1 .461400 Ifte 7 S, R L 60Z, 4, IL 462441T. Id J` -'.vw 70 ag z •IV IN 41 w L 6•d >; • I&" )lo.. T 0 : i w • op -.014-T MAPLEWOOD HEIGHTS 6 10 1 W 1 10 1 ROBERT TILSOW N6 coal U 40 PL PROPOSED FINAL PLAT Z 0 Z w z 1p r1 i ob r,v NMI" LAW GF TW Wft 16 0 or vet wow*.Iwuo v Or-! IIatafTMmeDoTogubloM30 d NOW&M we v am C SCUTIS L09 Or T"f WO W *21.33 PUT OF TIC wwuft-ufloo W XC 2 2 Pi 9 36— 5-1 it 4 r L LYDIA SWTH,.Wf Ww.*.Wtllo SEC AVENUE 2- 62 r JL L 3-1 r 6200 L 6,100 4" 4. qt'C*lt IrTr rL Gj 00 6200 $A 00_r - - - - - - 6200 35 1 1 POO I It rip all p ro rz 6- to L- I 1.679sigpla ro 3 a 96AS3S@I:rs; .063 1 4 lKFIS031SI 5 a 7,99834kot 6 T 7.M Fier,- 7.9UUFI-t- j; 8 7. 9 7,8673 10 7,036 11 3 12 .13 7.79930F, 7.737Salta I 14 8 i. ?.M4SlF,4- 15 P7 B L'D C (/y I t 1 i 1 1 1 t 1 I t 'I 1 1 1 1 I M jL&OCL--AXW-- L A&2QQ A200 JI 9200 LYNWOOD TERRACE PLAT -.- - 4 Attachment 2 LYDIA SWTH,.Wf Ww.*.Wtllo SEC AVENUE 2- Cr 329 34-so -13*9 to.... airw4m qt'C*lt IrTr U con"tw ov rip all p ro rz wXIl A0 of W% will LYNWOOD TERRACE PLAT -.- - 4 Attachment 2 MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT /OWNER: PROJECT: DATE: City. Manager - Associate Planner -- Johnson Final Plat McKnight Road, South of Highwood Avenue Dennis Gonyea Gonyea's Oak Heights First Addition September 21,1987 SUMMARY Introduction E -6 Action by Council as ndorsed... ,,. , Modifi Re j ected.. Date The applicant is requesting approval of a final plat to create 39 single - dwelling lots and two outlots. The two lots would each be subdivided at a later date. Discussion The development . is the first phase of a 76 -lot, three -phase development. The conditions of approval that apply to this phase have been satisf ied. Recommendation Approve the Gonyea's Oak Heights First Addition final plat. REFERENCE Past Actions AMAIM Council approved the Gonyea's Oak Heights preliminary plat. Council also authorized the alteration of the protected steep slope that crosses the site, construction of utilities on a slope in excess of eight percent of grade, vacation of adjoining unimproved street right- of -way and rezoning of the site from F, farm residence, ' to R -1, single dwelling. Conditions of preliminary plat approval were as follows: 1. An easement for a temporary 100- foot - diameter cul -de -sac at the end of Snowshoe Lane must be submitted to the city engineer. (Phase I) 29 A ten - foot -wide storm sewer easement shall be granted over the property in Phase III that is adjacent to Lots One, Two, Ten and Eleven, Block One. (Phase III) 3e Granting an easement or having the city order a project to acquire a seven -acre -foot storm water pond on the property to the north of Lot 39 , Block One, This easement shall include one foot of elevation above the 100 -year storm design. Evidence shall also be submitted to prove that the pond's outlet is adequate. No site grading shall be allowed until this easement is obtained by the .city. Phase I) 40 Phase II may not be platted until council orders the construction of Boxwood Avenue. If council chooses to allow Boxwood Avenue to be a cul -de -sac, then right -of -way for a. 120 -foot- diameter cul -de -sac bulb shall be shown on the plat at the end of Dorland Road. The location shall be approved by the city engineer, ( Phases II and III) 5. The southwest portions of Lots One, Two and Three, Block Two, shall be platted as one or two separate lots fronting on the intersection of Boxwood Avenue and Dorland Road. (Phase III) 6. The city engineer must negotiate an agreement with the City of St. Paul for the joint use of St. Paul's sanitary sewer in McKnight Road. Each phase must be consistent with the city sewer plan. (Phase I) 7. Percolation test-results must be submitted for approval to the city's environmental health official for Lots One, Two and Three, Block One. These tests shall be conducted as required by the city's health official and prove that on -site sanitary facilities will function properly. If the results are negative, the affected lot (s) shall be platted as an outlot until sanitary sewer is available. Phase I) 8. Final grading, utility, erosion control and drainage plans shall be approved by the city engineer. The erosion control plan shall address the recommendations of the.Soil Conservation Service and the provisions of Section 9 -191 (3) (b -3) of the environmental protection ordinance. (All phases) 9. A forester or nursery- approved plan must be submitted to the city to thin the stand of scotch pines on Lots 12, 13, 28 and 29 of Block One and for the transplanting of any free-standing cedar trees that can be saved if it would otherwise be lost during site grading. Phase I) 10. Snowshoe Lane shall be extended to the east property line, directly to the east of its intersection with proposed Oak Heights Drive, with Phase III. 11. "Valley View Court" shall be renamed "Moreland Court ". (Phase I) 120 "Oak.Heights Drive" shall be renamed "Lakewood Drive ". (Phase III) 13,s A 7.5 -foot -wide storm sewer easement shall be shown along the. north line of Lot One, Block Three. (Phase III) 2 14. The proposed ten - foot -wide walkway easement shall be shown as a pedestrian way ". (Phase III) 15. A temporary 100- foot - diameter cul -de -sac bulb easement shall be granted to the city for the south end of Oak Heights Drive is not guaranteed to be constructed through to Sterling Street (Phase III) 16. The right -of -way for Snowshoe Lane and Oak Heights Drive shall be revised, as necessary, to provide, for 250 -foot- radius curves. The Oak Heights Drive right -of -way shall not be moved south of its location on the 2 -2 -87 plans without approval from the city. (Phases I and III) 17. Submittal of a signed developer's agreement, with the required surety, to include, but not be limited to. a. The construction. of all public improvements except Boxwood Avenue, (Phase II) , for the phase being platted, including the storm sewer outlet to the north. (Phases I and III) b. The thinning of the stand of .scotch pine trees. (Phase I) c. Construction of a temporary cul -de -sac bulb for Snowshoe Lane, ( Phase I ) . d. Construction of a ten - foot -wide trail (eight feet if not fenced) from proposed Oak Heights Drive to the existing trail in Pleasant view Park. Fencing on the applicant's property shall be at the applicant's discretion. If fencing is to be installed, the type, height and location shall be . approved by the Parks Director. The developer shall be reimbursed from PAC funds for the construction of the part of the trail to be located on city property. The Parks Director shall approve the cost of the trail construction.on the park property. (Phase III) e. Transplanting any free- standing cedar trees to another on site location. (Phase III) f. If Oak Heights Drive will be not constructed through to Sterling Street, then the construction of a temporary cul -de -sac bulb shall be. guaranteed for the south end of Oak Heights Drive. Phase III) g. A contract (s) being signed for the construction of a street from Highwood Avenue or Sterling Street to connect with Snowshoe Lane in Phase I, before Phase III is.platted. j Attachments 1. Location Map 2. Preliminary Plat 3 Final Plat ( 8 1/2 x 11) 4. Final Plat (separate enclosure) 3 I _ niaio r collector -0. c 0. . , . o 0 R' a' j .0 ' al t f a W RC SC 1 J .1 n najor collectonma J , • jminor collector 10 S RrW Z O 104 ' O 1 P ' OS M - Possible future collector street sea also n i collector!!" ht Highwood NEIGHBORHOOD LAND USE PLAN 4 Attachment 1 Plat approva pending Street right—of—way L .T vacated N t 6! N w o OD N -tP P,.•s.• r hase IV to J ' '1 . aars W ! 4 . ow s.+ •s for. 1 I 1 06 Dzej AvE . +o , T• f dW ISO- I q Phase III W. o 5 M •'- rig . ; ,,, % • •' `' ,(• : , s = - - 2 Q V h ` M M ` ` h ° n Al •- x •IS ,. „ - . , ' .; • —. , `, • F j :. w 1 s ss Phaseo fe loll - popM. r' 4t .. t • sr . O ; 2 24 = Z5 P h a s e Ave. •• t. - ... 7oT,.o . - _ II 1' • Esf,+tur(o+c. trrrS7s v- 33' S'r. EASE04FAIT (ACC. We sn,1 _ %M#) a -I 1 Street right—of—wayIi S• ..e . f , f Sw* • f Selr• Il i vacatedJ r d . PRRIMINARY OLAT j 6ONYEA S OAK NE /6f(TS 5 Attachment 7 i aVJ1Lxitl: .: 3 ? 1a11116 how of w su 1N 400 F n • r }_ "CD iMt IN d Satli,t3 .. r r •r r-i2 i .iZ i •'v 4 iL i i 7 i ..7 t S89*58*08"I 1306-16 w r• 3 ; 1 pr mo w N 2 L ° , •2 ------- - - 999.71---- ,..- . - - 33uglyno in 1 •',' •' C' 1 s ro Mew 17? w A iAr 18 ti No1js --'1 s 6 t"plrt 1? z 1 a•S" '+ . p / / . ., 8 - si 00 1 1 fsI .i,.. 1 0 \ . !fd' p •9 Q S 1 12 A. 00 R • 1471 •, : • s r 1 t : o „ • i Q u t o t /`1 o 1 . •t' '' •''bs , ., ' R '2D0 , . 131 3 1 1 mo l o 17 q i ,~ 0 L Ci I ,ti 10--4 t ^ 1 • y i, may'to g 1 ` s 1 1 wM•31"w t ; y. c\ 1 ?? ?'• j L. w 20 Z - - -- •- - -- • —. X52 00._ d js v ` E• It! Y 21 27 1 1 _ a.yst 'Lx'_':,..a31 ,: 22 r i 23 9 24 1 25 8 ' 26 ~`'i '- : 11 norsivoo i n z $ a: ). «, O• h-13 1 1 }• ° 1 .1a\ ap, ` lb j 1 4 jQ o 1.10 . +oa:.,.; ;.s: " ;.-•n _ a70c SnorsioIaalpvr5 ••' 1 ; ` y, a. 160.00 '1 r k . R _ >IP , ` Lane R• ter• ' ;` ,• \ ` + ,ob to' 1i _ 2 1 la• q•2 » ' 1 o Q 1 1 i . 1 , . iti - S v 17 1 3 ^ w $ : $-r , CP02 l 10000_ I i • o . = ^ tj L-- --• - - 1 1 dt_ 10-.1 I 4 C ; ` o ,_ 2 t 153 60 1 5 ?#.3Iy - -•., 1-1O , 1 I I I ; N89•s3 -221. t 1 ?a ` L- •90.0CL-i L__93D0 -_ L__ SDLL -- L_.101.3).._" ,Dos 1 0 y ! a .. NO 1 Ou t I of B 661.91 • N a9 Of"w; Iw= •. 9200 Boxwood 66700 sesy0yow a000 M 0 771 n 37 1 HM"53'O9'W • 705.00 •• • •,;•• :' N99 "W •391.97 of ...N».._. -•' wood --••• s.,rN 600 of K. S.W. 1/4 of t%o AA11w W. 1 A of Sec. 13, T. 28, t 22 GONYEA'S OAK HEIGHTS FIRST ADDITION 6 Attachment 3 MEMORANDUM TO: FROM: SUBJECT: LOCATION:. APPLICANT /OWNER: PROJECT: DATE: Action by Cowiox1 m: City Manager Endorsed., Randall Johnson, Associate Planner Modif ed„,, Final Plat Rei eetod , German Street and County Road B Date Sherman - Boosalis Companies Parkway Terrace September 18,1987 SUMMARY Introduction The applicant is requesting final plat approval for the eight -lot first addition of the Parkway Terrace development. Discussion All of the conditions of preliminary plat approval that apply to the first addition have been satisfied. Recommendation Approve the Parkway Terrace final plat of eight lots fronting on German Street, REFERENCE Past Actions 9- 14 -87: Council approved the Parkway Terrace preliminary plat, subject to the following conditions 10 Public improvements must be guaranteed for Lots 9 -16, Block 1 and Blocks 2 and 3 or they must be platted as an outlot. (Phase II) 2. Approval of a sewer plan amendment and obtain a commitment from North St. Paul to allow the lots east of those fronting on German Street to be served by North St. Paul water and sanitary sewer. Phase II) 3. Construction of a permanent storm sewer outlet must be guaranteed. The proposed temporary ponding shall not be permitted unless found to be acceptable by North St. Paul. The design specifications must be approved by the city engineer, Ramsey CountyandNorthSt. Paul. ( Phase II) If permanent, on -site ponding will be constructed, the plat shall include an outlot which includes one foot of elevation above the 100 - year storm design. The outlot shall be dedicated to the public for drainage and storm water ponding. If a temporary pond will be permitted by North St. Paul, a recordable drainage easement shall be submitted to the. Maplewood city engineer for approval and recording.' The applicant shall also pay the recording fees. Any lot(s) that will adjoin a temporary or permanent pond shall have at least 10,000 square feet outside of the easement, 4. City engineer approval of final grading, drainage, utility and erosion control plans. The grading plan shall indicate the number location and type of four-inch-and-larger-:diameter healthy trees to be retained. These trees shall be identified for retention on the site, Evidence of North St. Paul's approval of the construction plans that affect them shall be provided. ( Phases I and II) z 5* The center line of S tan i ch Street shall be moved west to l i n e up with the center line of Stanich Court. All lots must comply with minimum lot requirements. (Phase II) 6. Submittal of a temporary easement for a 100 -foot cul -de -sac bulb for the end of S tanich Street, if homes will be occupied before the construction of Ariel Street is guaranteed. (Phase II) 7. No lot that would front only on Ariel Street shall be platted until the construction of Ariel Street is guaranteed. (Phase II) 80 The east /west portion of proposed "Stanich Curve" shall be changed to "Laurie Lane" or such other name acceptable to the director- of public safety. (Phase II) 90 Submittal of a signed developer's agreement and required surety to guarantee, but not be limited to, the following items: a. Construction of all required on -site public improvements, b. Repair of the service trenches, cut into German Street, phase I) c. Planting of trees. At least 92 mature trees must be growing on the site when construction is completed. Trees shown on the final grading plan to be retained shall be credited toward the total number required. (Phase II) 10. Deed restrictions shall be recorded with the lots abutting County Road B stating that driveways will not be allowed on County Road B without city approval. (Phases I and II) kd Attachments 10 Location Map 2. Preliminary Plat 39 Final Plat ( 8 -1/2 X 11) 4. Final Plat (Separate Enclosure) I 2 FFPUDT MI R Fj F z F a w cr co qb ml ml v ;k t JU FR* $ Wa L .Wmw . , t R3 Los 11Et4LFscdAVF LOCATION - MAP •' 2256 .I I 2236 f o Alp y Q 107 1 `2230 --- f l _ - — Dd - , I ' lfl N 10 I on W * 4 gal act H I i W I ' Q Si. ' ' `"' 1 J .. ta.Cr. a — .E- i sl - -ei I g •.n Z Cr o , CO cru w 011ISCI041WRI3 I a f tv tN E" -[ sal.,.... i Phase I - Phase 11 Div AI Cr Sri _ -•Gil J Orel Y - N Y f m < l I S£t ail Temporary Storm ' 1 I o l r Water. Pond ' I m - -ZI _ - --- ---- 4 j . I 4D r L1J • Q _ orb y I w lI NAB v'f- Z •A- I r Cr a jv Pi DtASNH38 '3 - J • I Cn 81 PARKWAY TERRACE PRELIMINARY PLAT Pit Alley and Street Right—of—Way 4Vacated9 -14 -87 Attachment 2 PARKWAY TERRACE First Phase) Final Plat 5 ATTACHMENT 3 N89 °'.j8'34•9 p 296.52••••• _. f rye • _ t3: \N. Ilne 0r {he Sib of3rd sAvenue ^1 :m tD 30 0 r'0 y o o Rio r 03 . 3O 1O H' /yy exlenston o file W. one of Block 17 R.O r 1ve9•sa s +ME 2 N'T 1 /t.•r 296.52 ...i I t.. •n 135.00 161.92 ECVD N. line or the S!/2 IThe r'1 line ofthe N% of -••, C ca f. ime of Block n2ndAvenue oS1 i i• I lone o` OloC4 17 t v EASr t r. f line oirB/ock 17 J 35.00 J w o EAST 00 r nv 135.00 pi Z N• t 1 t 1 . > To be platted at a later EAsr 199.00 ty I. . _ .rdateasPhaseII e J V ,':, 1.j r J Y • •t.J1.— O • O! O t tai EA s r r, 135.00 Nyy exfenei cffhe r 1 N ex /ension o0beE.M. l,ne or Bock 32 0 me of Block 32 7) t EAsr 135.00 f ' 1 •• A 0 0 0f- _..,i •A; EAST 1 i 130.00 IJI ~ - line or Block 32 C. line o/ 8locjr 32 0 o 0 O!A ' c 10 0.0 00 .._.._ .. 463.03 i .,l T , T `v ;•' %'. !1 NEST... w e 1 W t PARKWAY TERRACE First Phase) Final Plat 5 ATTACHMENT 3 E ___ Y/ MEMORANDUM TO • FROM: SUBJECT: LOCATION: APPLICANT: OWNER: PROJECT: DATE: City Manager Associate Planner -- Johnson Final Plat Sterling Street, South of HollowayNuebelHomes Mark and Dorothy Renstrom Maplewood Knoll September 21, 1987 of o by oun lln xadorso Modif ie ejoc Date SUMMARY Introduction The applicant is requesting final latsingle- dwellin homes P approval to create eleveng . Discussion The conditions of approval have been compliedplied with. Recommendation Approve the Maplewood Knoll final P lat. REFERENCE Past Actions 5 -1 -87 An administrative lot division was approved 'pP to splitt the area referredtoasLotsOneandTwinthisplatsothatamodelhomecouldconstructedontheremainderofthesite be 7 -13 -87 Council approved the Maplewood Knoll relimin •P arY plat subject to thefollowingconditionsbeingmetbeforefinalapproval: 1. North St. Paul approval of the sewer a •and water serviceconnectionswithinSterlingStreetandtheirapprovaloftheconstructionplansforthesanitaryew •cul-de-sac, y er and water main within the 2. Revising Lots Seven through Ten as necessary,ssary to Increase thewidthofLotSeventoatleast75feetatt 'he building setback line.Each of the revised lots must comply ith all 1 'requirements, y of dimension 3. The Knoll Circle right -of -way shall be moved •south to provide atleast30feetofsetbackfortheexistingdwellings. 40 The proposed storm -sewer easements between •along the west line of L Lots Five and Six,Lot Eight and running east /west across LotsSevenandEightshallbeincreasedto15feetofwidth, 5 • City engineer approval of final rad i n egos igg, on control,drainage and utility plans. 6. Submittal of a signed developer's-agreement, 'wired with requlredsurety, for all required public improvements. Council also rezoned the site from F, farm residence, •dwelling,ence to R 1, single j 1 Attachments 10 Location Map 2, Preliminary Plat Map 3. Final Plat Map (8 1/2 x 11)4. Final Plat (separate enclosure 2 i ao R3 > R 2 R2)3 F , p F FRIPUD)N R R .R F F N R w N • t R3 •LL P Y Uku F R2 F R 3 AV R 3 F a° q R R LBC (PUD) iL IR F R3 R3df( PUP) AVE N (R2) F F R3 a _HD A R R R 2) 2 . j MI PUD) r M R M2 R 3 M LAKE RD Ar ,. R 3 (PUD) . N F R 3 R2 NC z PUO) R 3 R2 R3 t PUD) nu MARYLAND R AVER R ir ' ( PUD) RNMal BCJF LBC 3 v) C IA AVE E F JAKE8RaBC( • nom + R E R AVE , H/RV T R AVE 5 , F 4 R 11 P a R TILL`N A V BRAN AVE R 3 F Cr R al 0IiE7TH •rw R LOCATION MAP 3 Attachment 1 Q N AoNR cn `` / O 5 Ili 020 Ae u 0 • Z i w "` 4 00, ot l000- N w zoo-- r p l ,5 0KNOLLCIRCLE, Aca 9 6 10 7 10" i / 1 rte -'"" \ / -- • ti J , 10 ' S 010 ir lln4 -Jl 7 f i ProllmInary PIGI of: MAPLEWOOD KNOLL N 4 At Lachment 2 o 452.12 ---- V.. tot . 1 dp solo Z JW 4, owm 3 ft. K N OLL CIR X10 _ ,_,. .Q 71 o KIP Aw low i , , : . ' . '' fr • /V ' Z a * . r ; 10 G T WA N C Of 1 452-r2 N 6541' 42"E -- Proposed.Final Plat 5 Attachment 3 4 N AGENDA # j Acts on by CounciMEMORANDUM 'Wi Endorsed-,,... Modif- I 'lei ected-... Date TO: Ma & City Councfl FROM: C i ty Mana 714Ww-e RE: Rotary Member rs.- h.T DATE: September 22, 1987 The Maplewood Rotar Club is a civic or made up of busi-ness .and . professional leaders within .the communit Membership costs are approximatel $90 per quarter,. Membership in Rotar will , be beneficial to the C fty and it i s rethatIbeauthorizedtojoin*,, MAM: I n 67--lo MEMORANDUM TO: City Manager FROM: Public Works Coordinator SUBJECT: Final Payment- -Cope Water Tank Painting DATE: September 21, 1987 Action by Council;, Endorsed Ylo d i f i e d.,.... R e j e c t e d ....... Date All work relative to the painting of the Cope Avenue water tank has been completed in accordance with the specifications with no additional costs incurred. Final payment in the amount *of $59,189 is recommended, j 67 r Acts. on by council :1 MEMORANDUM TO: City Manager FROM: Public Works Coordinator SUBJECT: Final Payment -- Bituminous Overlay -- Project 87 -26 DATE: September 21, 1987 Endorse Modified Re j ected, Date All work relating to Maplewood Project 87 -26, bituminous overlay, has been completed in accordance with the plans and specifications. A large overrun in the amount of material to complete the work was encountered, resulting in an additional cost of $46,434.87. This overrun was due to exceedingly rough streets within the project area and an error in the original estimate for the project. Final payment is recommended in the amount of $12:6,234.87. Original contract $ 78,800, 00 Extra work 46, 434.87 Total project cost 125 Budgeted amount 150,000.00 Jc RESOLVED, that the CityofE Council of7ectionJudgesforthe1987GenGene Maplewood, Minnesota ac •epts the fo 11 owing 1 isElection, Tuosday,November 3 •1987. Precinct No, 1 Agnes Allen, Chairman Precinct No. 8 action by C Orpha Getty Lorraine Fischer, Chairman Endorse Karl B ieb i ghauser Evelyn Axdah Betty Berg Rita Frederi Modifie Irene Ling Mi Houck Red ecte Date Precinct No. 2 Precinct No. 9 Patricia Thompson, Chairman Kathleen Dittel Mary Johnson, Chairman Bea Hendricks Dolores Mallet Florence Stella Margaret McDona Helen Jean Dickson Theodore Haas Prec No. 3 Precinct No. 10 Barb Leiter, Chairman Charlene Arbuckle Pat Werden, Chairman Dor is Broady R i chard - L ofgren A1X1lTer -Mary Lou Lieder Diane Golaski Precinct No. 4 Anne Fosburgh Caroline Warner, Chairman Precinct No. 11 Betty Eddy Joyce Lipinski Shirley Luttrell, Chairman Marjory Too1ey Maxine Olson Thelma Ling Delores Lofgren Precinct No. 5 Helen King Precinct No, 12 Elsie Wie ert Chaig Emma K lebe Mary L ibhardt, Chairman Phyll Erickson DeLoris Fastner Annette LaCasse Mildred Dehen Francee Davidson Precinct No, 6 Precinct No. 13 Kathy Supan, Chairman Gunborg Mowchan Jack Arbuckle, Chairman Linda Pr i gge Donald Viegert Judy Widholm G'la.dys . Hervig Sandy Jones Kathy Haynes Precinct No. 7 Precinct N 14 Margaret Wolszon, Chairman Betty Haas Grace Locke, Chairman Arme l l a Podgorsk i Mari Wo 1 d Joan Cottrell Kathleen Tracy Mildred Burke Marjorie Lee Elsie Anderson MEMORANDUM T0: FROM: SUBJECT: LOCATION: APPLICANT /OWNER. PROJECT: DATE: Introdu The applicant dwelling lots r - of_wa Y recomm endingPlannedmino10.) Background Action C31.; City Manager Endorsed Randall Johns Plan •ed'.elanAmendmlatePlanner* RejecStreetVacati -Prelim i n a r ° n andt est ° '."""..'°`."'..southw y Pla Dennis Lakewood Dri Venue nis D. Gonye Ve and Highwood AGonyealsThirdAugustAddition26, 1987 SUMMARY is ureqestin g preliminaryandv lacationofan Y p a t approval foRetothePortion 19 Single -he map on a n of Lakewood .land use plan amendment P ge 14,) Cit s Drive colle to move Y staff i street. (Refer the alignment o f atothemonpages9and On June 8, 1987 council approved GPlatforthe the Planned north /south P abuttin °nyea S Oa Hei h .P /soot g to the south 9 is Preliminarwasshiftt h col lector street (Page 11) , In notheeast, reet alignment so doing.run This col 1 ector eet had 9 an run through t Property strad be d 1t)along the west the s • P y 1 i ne of th been Plannedsubjectsite, subject site, ed tosteepslope. he was It . now willpe. necessary to 11protected avoid a run Discussion Collector Stre Alignment; The present alignment of thHighwoodle norAvenueaGon th /south colletwiththeintersyea's Oak Hei for street b significant h t of the Envi ro Height plat ( between stee nmental Prote 9) is inconsiadoptedof P sl4Pes. wher ct1On Ordinanc istent ter the collect r Practical. T . to Preserverstreetalignmentordinance Construction gnment was adopt was n Of this st •Substantial alteration ere Presentlywh was chose eration of the Planned, would requireentoline-up Protected slope. The presentSegmentsnorthwiththeIntersandsouthof h ect i on o f the collecto al l gnthedesire. t 1• •ghwood Avenuelinethecol1venue (page 9) • streetProtectingtheinectorstyeInthislandfortegrItyofasteep streets I s not as case,m in this are slope which • Important ascirculationw a• Accordin iCh is the predomiouldnotbesi g to the city en i a trafficStreetSegmentsgnificantl , g veer, area tstaggerednorthandsouth , Y affected if the rafficofcollectorHIghwOOdAvenueasproposedonaeenueWepage10, re to bePlaandStreet 'Vacation; The plat is con subject st sistent with allreetright -of - Platting andayis zoning . obsolete. codes and the Recomm 1. Approve the resolution on page 15 totoshifttheloca aLionofacollect mend the land usesouthsideofHi' hwo or street l plan Driv g od Avenue from Sc ntersection with thApprovalionthhailerDrive e e basis th to Lakewood a ' The present alignment i inconsistentnmentalProtection wi th the intent Of the Enviro significant steep OrdinancePslopes, where to reserve practical,b' An acceptableple alternativ •vicinity of L a lignment exiwoodD , i s is i n , the 2 • Approve the resolutio on page 16LakewoodDriveri to vacate a easement ght - °f - waY, sub • e Portion of theoverthesouthto subject to retaining a u •that: n feet. Approval g tilityisontheb a • This right-Of-way is not needed, b• Vacation w frontin ould eliminate theglotswhichare Potential of double _alternative is available, unlessvailabl no other l3 ' Approve Gon lat Yea s Oak Heights ThirdP , subject to the rd Addition preliminarybeforefinalfollowingconditionsPlatapprnsbeingsatisfied a • The constructiomustbe n Of Lakewood Driveguaranteed, to Highwood Avenu A •b contractbo f or the water tof owYthelotscbe er mus t be s i ned beforededicatethecreated. A pl gde right -of -way for may be recordedwatertowerconstructiLakewoodDrivebe to either ow t ion i s guarantee before the °f the right -of- d ' but the land o nwaymubplattedasoutlot ust signed for the constructi b s •c• Contract m sanitar Sealer from thisControlCommission' site o f mission to the Metropolitan 's trunk seale n p itan WasteCityofstiCarverPaul , s Avenue or to th d. d ' Calculati must be submitted to g that t Proposed ond'P ing easement to th herequiredforhasouthwestof •adequ • P ses 1 -3) and the o this siteThiseasementshall P nd s outlet will bPlatapproallbeofrecordb e before final e• grading, Final street al g' utility, drains e •P ns must be approved g , .erosion controlPlansshallinclude, by the sit and de, but n be limited Y enginee Thesematedt l ) The street trail, Plans shall pr for an on-street 2 2) The grading plan shall 'elevation and cont include a proposed buildin adourioformationforeachachoa P me s i te, aswellastheareastobedi Les sturbed for street constructsYshallbeillustratedwhic on.Housing styles on sites that contain ch minimize gradingndesirablematuretreegslopes. Deviation fro s and steeperlotmaybe m this approved gradin PlanYpermittedbytheciten g P for each Y engineer, Provided theintentoftheoverallgradingplaniscompliedwith, f Submittal of a temporar l -foot- diametereasementfortheY cul -de -snorthcul -de -sac, ac bulb g • Submittal of a signed developer'surety for all r Loper s agreement with r 'equired public streets ut• equired control and tree replantin ' pities, erosiong. if necessary (see Condition k) ,h. The right or South crestt Y crest Court shall beY. o the northwest to provide curved,. as between ro ert at least 100-feet of depthesouth1° P y l i ne and the future cu _ h 1 de sac bulb.i Dorland Curve" shall be changed to a namedirectorofpublice accepta to thePlcsafetyP j. The east boundary f •Y the plat shall include thevacatedLakewoodDriveright-of. e west fifteenfeetof way. k• A -plan, re a expert,for P P red by a qualified e r t •the removal of diseased t P , shall be submittedteesandanyothernecessaryrtheoverallhealthofrem thinning required for remaining trees.This plan shall include thtreestobe or e location, type and size oremovedduetodisease f the maturegradingandthematuretreesthatwillberetained. type The plan shall specifyYPtreestobeplantedifPY the locationtheprovisionsofSection ' required, in accordance with Protection p 9 -191 C 5 (b) of the EnvOrdinance, 3 CITIZEN COMMENTS Sixteen persons who own property within 350 feet ofaskedtheiropinionofthis this site wereisinfavor (Maidas an prop °Sal' Of the seven respondents,one has no comment _ P ents, onedfiveveareOpposed,Those' opposed raised the following concerns : l• I object because o • and the f its (riegative) effectelossoftreesandwildlife. n the natural terraine• Why should these developersus 's The land should remain i P rs take these (amenities) from changes n its naturalstate? We don't need any anges as the land is acceptable •P le as it is,2 • There are enough developerselopers in this area, We don't need more,Staff comment: This develo ment property is planned and zoned foal •P The city and count do n r resldentlal property for park or o Y of have plans to purchasepenspace, Unless purchas the cannot be required to remain in its undeveloped d by the public, landopednatural 3• state I would like to find out the full impact on m proroad, sewer and . water ) before commenti Y P petty (new ng Staff comment: If t he developer can acquireuireastreetthroughtoHih q the land necessary to sins adjoining g WOOd Avenue, there would notgttheproperties. t i es be any assessments a P I f he can not obta 'street, then he will ask the in the land necessary for the cit to buildcostsofacquisitionand Y 1 ld the street and assess the construction'baAgreementastothelocation 'back t ° the adjacent owners,will have to be reached n of this streetasaconditionofareet approval, 4 REFERENCE Site Description Gross area: 703 acres Existing land use: -undeveloped Existing easements.: Fifteenfteen feet of unimproved street 'Lakewood Drive) encroaches o eet right- of.wayntheeastboundaryofthesite Surrounding Land Uses North: three single- dwell* n •g properties East: unimproved Lakewood Drive right-of-way* Across the riwayarethereara e ri ht- _yards of fiveve properties that f g of Drive and two land - locked unimproved front on Crestviewmprovedsingle- dwelling parcels.South: proposed Go nyea's Oak Heights single-dwellinggwelling subdivision. West: undeveloped ro ert y (owned by the Maidsinsingle-dwelling p p as) that igellinguse, s planned for Past Action Alwam 1. Council approved the Gon ' s Oak Heights preliminarysubjecttoconditio yea plat,ns. The conditions that p ' are: to this proposal a • A contract (s) being signed for the construction of a streetfromHighwoodAvenueorSterlingStreettoconnectwithLaneinPhaseI, before Phase I I I (page 12 ) i Snowshoe s platted, b. Granting an Basemen •t or having the city order a. projectPJect toacquireaseven- acre -foot storm water pond on the property o thenorthofLot39BlockOne (page 12), This easementIncludeonefootofelevationabove ment shall Evidence shall al ve the 100-year storm design.so be submitted to prove that the g is adequate, e pond s outlet c. The city engineer must ne otiatOfSt. Paul for the g e an agreement with the cityJointuseofSt. Paul's sanitaryMcKnightRoad. Each phase must b Y sewer in plan, a consistent with the city sewer 20 Council amended the trail plan to allow the trail bettyHighwoadAvenueandPleasantvi Ben street, ew Park to be on- street rather than off- 30 Council amended the sanitary sewer plan to allow the sewaGonyea's Oak Heights plat Phase I ge from trunk sewer rather and II to flow south into a St. paoHighwoodAvenue PaulthannorthtdecisionforPhasesIIIandIVTheytableda negotiated with ' St. Paul, ( the subject site) until costs are 5 Environmental The southerly 3/4 of the site is wotreesaeart oded. Oak, poplar and cottonwoodPPobethepredominantspecies. There 'distress among several of the m are signs of mature oak trees* The ma j or i t . of thetreesalongtheeastpropertyineY property lin Y and along the north half of thewentproPyewillremainintact. The ro ose •will help save additional d P P d 9g- foot -wide lotsdesirablematuretreeslocatedalongidepropertylinesthatwouldbelost * home g minimum -width lot s were to be constructed ons, Environmental Regulations Section 9 -191 (Environmental Protectionn Ordinance ) contains thefollowingprovisions: 2) (d) The basic character of natural slopes of twenty -five25) percent or more in grade shall not be altered withoutapprovalfromthecitycouncil. The coupdecisionon: Gil shall base their a) The degree of alteration of the slope; and b) The importance of the sloparea." to the character of the Comment: Construction of the re •P sently planned minor collectorstreetsouthofSchallerDrivewouldsignificant) asteepslope.) y )ter a protected 3) (d) A developmentP shall be located to minimize the remofvegetationandalterationofthenaturaltopography." oval 3) (e) Erosion protection measures shall make maximum use ofnatural, inplace vegetation, rather than •vegetation on the site." the placing of new 5) (a) Development shall be designednSigned to preserve the maximumumberofhealthytrees. This requirement shall notdiseasedtreesorwhereaforester pply t° r certifies that thinning isneededfortheoverallhealthofawood) •specific tree removal ot; in which case, aplanmustbeapprovedbythecityY• 5) (b) I trees are not c •cut, the density of trees shall berestoredtothatwhichexistedbeforedevelopment, but in no caseshalltheapplicantbereuiredto •q raise the density above tenl0) trees per acre, unless part of a required lantin sAnytreesrequiredtobe )anted sh P g Green. P all be varied in species,shall maximiz the use of species native to the areaincludeanyspeciesunderdi , shall notdiseaseepidemicandshallbehardyunderlocalconditions. Tree diametersinches." shall be at least two ( 2 ) C Planning 1. Permitted density: 20 Proposed density: 3. Average lot area: 14 people /net acre 14..3 people ( 5.43 net acres ) 12,449 square feet 40 State law:. Chapter 412.851 of state law . states " •es that the councilmayberesolutionvacateanystreet, alley, public grounds, publicway, or any part thereof, on its own moti p on or on petition of amajorityoftheownersoflandabuttingonthestreetalley 'grounds, public way, or art thereof eY, publicYPereoftobevacated. When there hasbeen. no petition, the resolution may be adopted.four - fifths of all Y P only by a vote of members of the council. No such vacation shall bemadeunlessitappearsintheinterestoftheubl'p is to do so after ahearingprecededbytwoweekspublishedandpostednotice." Public Works 10 A two -acne -foot storm water ° and is shown •p wn in the drainage plan tothenortheastofthissite. The applicant is proposing o eliminate ac i g hatethispondandprovideadditional " ca . planned to the site. This pro p tY in the seven- acre -foot pondPesouthwestofthissiproposalisaadequatepacceptable,provided ade q ponding area can be demonstrated and the outlet issufficient. An easement for the seven-acre-fo lat a pond is a requirementofffinalPapprovalforGonyeasOakHeightspreliminaryplat,See past actions.)Y p 2. There are no utilities within or lanne • portion of P d to be constructed withintheptheLakewoodDriveright -of -way proposed for vacexceptforaneast /west storm sewer cation, r proposed along the south boundaryofLot7BlockOne. An easement would be retained •fined for this utility. 3. On ,Tune 8, 1987, council ordered a feasibilityi1ity study for theimprovementofBoxwoodAvenue. This stud will • the sanitary Y 1 address the options ofroutingtarysewerforthisssitoandthethirdhaseofthplattothesouth (page 12) to: p e a. The Metropolitan Waste Control Commission's trunk sewer inCarverAvenueviaDorlandRoadand b. The City of St. Paul's system in McKnightgt Road This study should be considered by council late this fall or early Routing the sewer north to Highwood Avenue is 'not possible, unlessconstructedwestoftheMaidas ' property at 2322 Hi hwog od Avenue.This would require unnecessary alteration of the protected slope,given the ability to serve this area from th south. 4. Construction of a street, west of the M •aidas (2322 HighwoodAvenue) , would be possible but extensive radin would b 'g g e required.The existing grade is 15+ percent south of Hi hwood Avenue* enue, Maximumpermissiblestreetgradeis7+ percent. A retaining alls w to g C ) ouldalsobenecessaryaccesstheMaidas' existing garage because if astreetweretobebuilt, it would be about ten feet lower than theexistinggarageelevation. 7 Procedure Plan Amendment: 1. Planning commission recommendation following a public hearing 2. City council decision Plat /Vacation 1. Planning commission recommendation 2. City council decision following a public hearing kd Attachments 1. Highwood Land Use Plan (Present) 2. Highwood Land Use Plan (Proposed) 39 Area Street Concept Map 4. Gonyea's oak Heights - Phases I -IV 5. Excerpt from the Drainage Plan 60 Preliminary Plat (8 -1/2 X - 11) 7. Resolution (Plan Amendment) 8.. Resolution (Vacation) 910 Preliminary Plat (Separate Attachment) Linwood --Tx 0 I a c Highwood— i w a Gonyed's Oak Heights] Carver d 0 r c i i A 0 i f School Search Area 1/2 Mile Radius* 1 Ifighwood NEIGHBORHOOD LAND USE PLAN PRESENT) 9 Attachment 1 lop r Linwood i wttit major collector sttlftsf,CS RL 0 o RL f T tnom S R L ffl hwoodfl c liect m no ollect T 1 o w lnor coll#C o c i as RL Inor co lector a 4 C Z Carver I ectc r • o C s School Search Area v 1/2 Mile Radius ' o V f os M o c low J w flighwood NEIGHBORHOOD LAND USE PLAN PROPOSED) 10 Attachment 2 4 N m m ' u le1. i Avenue TW154 006.6w El Tl23221—11 lit .10 two 4 C ko 44 lowccILCoalIf . LZ IV m low a IL too rel imi nar . Bod 6—U-87) Room24ow . % I*_ Area Street Concept Map Area to be platted as Street td be vacated I F1GonOakHei Attachment 3IIIIIIIII.Third Addijign x ' NO rE oft Ilk 14 P[EA3ANTVIEW o- - °"=0 PARK Gonyea`s Oak Heights First and prn"/ -] N 61 H w o o p N Pt• •s. PA N AMW for S Op fee. 110` . -- \\ l ; .' ' 1 . . .-•. * ` t — ( . •{ O • L w awkv J>< . ' 1 . 'Phase oil s• yr • : 74 Ork V ISO A- ir r ! Phase V IN 410 % nt - r 5••..,.•.r - l iiIi.: ' — — ;•. '' __ 4 , ; ,, . • . — . i 2 r yowl ` Ob si 1 a,. U ,2 24 ZS Phase 11 -_I_._ -— Airs. .1 7os.o .... • _ '1 *ice' !'__ - --sT t• ' I t ?!' !' T EsfO.rr(wc. 1+07>tf y- WIT ,4s&~aff •T i M.sssN S ti.. s.r s.a , sar. R d J PKEL/MINAQY OL AT 6ONYEA S OAle 11116,yrS 12 Attachment 4 I a IGHWOOD AVE 1 MAJOR WATERSHED.DIVIDE INTERIOR WATERSHED DIVIDES r — PROPOSED STORM SEWER 42" EXISTING STORM SEWER —amaw 0 " ~ " 000 • OPEN CHANNEL STORM WATER STORAGE AREA INUNDATION AREA STORAGE AREA VOLUME 4 4F DISCHARGE IN CFS CITY LIMITS — Excerpt From The Drainage Plan. 13 Attachment 5 k { bo j7 _ ,, . I . • . . ^raw - ,,..- r . ' " i':.. / n ,.". -• • .--•• « '• / AveK%hw • ' ,• r _-ice • T_. • / ' i . / . ' r . _ " a .r ' ,' r_ r i~ . f00 f . ` - Tfii 1 •7 _• JI r t ! r' If 7 2 it 1 !• ` ., ,'i , j 3 7 ; s « f ; f . — gat•• ": - ,; • ' is /• / /. .\` ARY ROAO EASE NT sw Ox 7 Nemi z A lip j \ 1, _ _ I J, 1 ,,`\ 1 14 f ' 7 0 4 a. t 1C.[ e S t I \ , It 1 ;; ; . ' ` . 1 s '•1 `., I ' , /, ,• ..` _ _ ' Court Right -of-way to be Vacated Y. i fY — IRO \. `. '. .. ... 1A; DRAN 1 1)t 1U LLX EASEMENT 1 1 ` . •/ ., / ' 1 .Q Heights 4duct Gonyea.'s Oak Heights PRELIMINARY PLAT 14 Attachment 6 fi : c ^ ' la'`,,( h ,' r . v.: - : ^i^'; ".'.'ial.S•+;.:• •'.` ._t_ .. PLAN AMENDMENT RESOLUTION WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan to shift the location*of a north /south minor collector or street on the south side of Highwood Avenue from Schaller Drive to Lakewood Drive. WHEREAS, the procedural history of this. plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on August 31, 1987, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The planning commission recommended to the city. council that said plan amendment be 2. The Maplewood City Council considered said plan amendment on 1987. The council considered reports and recommendations from the planning commission and city staff., NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described plan amendment approved on the basis of the following findings of fact: 1. The present alignment is inconsistent with the intent of the Environmental Protection Ordinance to preserve significant steep slopes wherever practical. 2. An acceptable alternative alignment exists. Adopted this day of , 1987* Seconded by Ayes -- 15 - Attachment 7 Pursuant to due call and notice thereof, a regular meeting of the CityCounciloftheCityofMaplewood, Minnesota was duly called and held in the council chambers in said city.on the day fY , 1987 at 7 p.m. - The following members were present: The following members were absent: WHEREAS, Dennis D. Gonyea initiated proceedings to vacate the public interest in: Lakewood Drive street right -of -way lying north of the westerly - extension of the south line of Lot Nine, Block Seven, Pleasantview Park No. 2 and south of the westerly extension. of the south line of the north fifteen feet of Lot Five, Block Seven, Pleasantview Park No. 2. WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said 'street right -of -way have signed a petition for this vacation; 2. This vacation was reviewed by the planning commission on August 31,1987. The planning commission recommended to the city council that this vacation be 3. The city council held a public hearing on 1987 to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission. WHEREAS, upon vacation of the above- described street right - of -way, public interest in the property will. accrue to the following described abutting properties: Lots Five through Nine, Block Seven, Pleasantview Park and, except the north 295 feet, the following part of Lots 1, 5 and 6 lying easterly of a line running from the southwest corner of the east one -half of said Lot. Six to a point on the north line of .and twenty feet from the northwest corner of said Lot One, .Highwood Heights. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above - described vacation on the basis of the following findings of fact: 16 Attachment 8 1. This right -of -way is obsolete. It was granted before. an area street plan concept was available. 2. Vacation would eliminate the potential of double- fronting- lots which are prohibited, unless no other alternative is available. This vacation is subject to the retention of the south ten feet for a storm sewer easement. Adopted this day of , 1987* Seconded by Ayes -- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed Clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the day of 1987 with the original on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to vacation of this street right-of-way, Witness my hand as such clerk and the corporate seal of the city this day of , 1987. City Clerk. City of Maplewood, Minnesota 17 3 Planning Commission Mi nutes 8 -31 -87 Be Plan Amendment,. Street Vacat-ion and Prel imi nary Plat: Gonyea's 3rd Addition Arnie Esterbrooks of Gonyea Company discussed the proposal with the commission. Several people asked questions of Mr.-Esterbrooks and the staff. The discussion was closed to.the public. The commission discussed the proposal and a person from the audience asked to speak. Commissioner Rossbach moved to reopen the hearing to the public. Commissioner Sletten seconded Ayes -- Barrett, Fischer, Rossbach, Sigmundik, Sletten Gene Husnick questioned the developer concerning the assessments on the lots. Commissioner Rossbach moved: 1. Approval of the resolution to amend the land use plan to shift the location of a collector street intersection with the south side of Highwood Avenue from Schaller Drive to Lakewood Drive. Approval is on the basis that: a. The present alignment is inconsistent with the intent of the Environmental Protection Ordinance to reserve significant steep slopes, wherever practical. b. An acceptable alternative alignment exists 'in the vicinity of Lakewood Drive, 2. Approval of the resolution to vacate a portion of the Lakewood Drive right —of —way, subject to retaining a uti 1 i ty . easement over the south ten feet. Approval is on the basis that: a. This right —of —way is not needed. b. Vacation would eliminate the potential of double- fronting lots which are prohibited, unless no other lotting alternative is available. 3. Approval of Gonyea's Oak Heights Third Addition preliminary plat, subject to the following conditions being satisfied before final plat approval: a. The construction of Lakewood Drive to Highwood Avenue must be guaranteed. b. A contract for the water tower must be signed before-any of the lots can be created. A plat may be recorded to dedicate the right -of —way for Lakewood Drive before the water tower construction is guaranteed, but the land on either side of the right —of —way must be platted as outlots. 4 — Planning Commission Minutes 8 -31 -87 C. Contracts must be signed for the construction of sanitary sewer from this site to the Metropolitan Waste Control Commission's trunk sewer in Carver Avenue or to the City of St. Paul's sewer in McKnight Road. d. Calculations must be submitted to guarantee that the proposed ponding easement to the southwest of this site (required for phases 1 -3) and the pond's outlet will be adequate. This easement shall be of record before final plat approval. e. Final grading, utility, drainage, erosion control and street plans must be approved by the city engineer. These plans shall include, but not be limited to: 1) The street plans shall provide for an on- street trail. 2) The grading plan shall include a proposed building pad elevation and contour information for each home site, as well as the areas to be disturbed for street construction. Housing styles shall be illustrated which minimize grading on sites that contain desirable mature trees and steeper slopes. Deviation from this approved grading plan for each lot may be permitted by the city engineer, provided the intent of the overall grading plan is complied with. f. Submittal of a temporary 100 —foot— diameter cul —de —sac bulb easement for the north cul —de —sac. g. Submittal of a signed developer's agreement with required surety for all required public streets, utilities, erosion control and tree replanting, if necessary (see Condition k). h. The right —of —way for Southcrest Court shall be curved, as necessary, to the northwest to provide at least 100 -feet of depth between the south property line and the future cul —de —sac bulb. i. "Dorland Curve" shall be changed to a name acceptable to the director of public safety. j The east boundary of the plat shall include the west fifteen feet of vacated Lakewood Drive right —of —way. k. A plan, prepared by a qualified expert, shall be submitted for the removal of diseased trees and any other.necessary thinning required for the overall health of remaining trees. This plan shall include the location, type and size of the mature trees to be removed due to disease or grading and the mature trees that will be retained. The plan shall specify the location and type of trees to be planted, if required.. in accordance with the provisions of Section 9-191(5)(b) of the Environmental Protection Ordinance, Commissioner Sletten seconded Ayes -- Barrett, Fischer, Rossbach, Sigmundik, Sletten. t 2 t 4 i S TO: FROM: SUBJECT: LOCATION: APPLICANT: DATE MEMORANDUM City Manager Associate Planner -- Johnson Alley.Vacation Between Gordon and Fenton Avenues and Wal Str John Rawson, Jr. August 10, 1987 SUMMARY Introduction Action by Council. 1 Endorsed Modifled „ eJeoted Date The applicant is requesting the partial vacation of an unimproved alley right that is located northwest of Gordon Avenue and Walter Street. City staff is recommending that the remainder of this right - - way should also be vacated. Refer to the map on page 5 and the applicant's letter on page 6. Comments This right -of -way does not serve as an access to any of the adjoining properties. Each of the adjoining owners, including those abutting the portion proposed by staff for vacation, was surveyed. No opposition was brought to staff's attention., Recommendation Approve the resolution on page 8 to vacate the alley right -of- way, subject to retention of a ten -foot wide utility easement along the north half of the east /west segment and the west ten feet of a portion of the north /south segment. The basis for approval is: 10 This right -of -way is the result of obsolete platting that occurred prior to the establishment of the city.. Maplewood's policy has been to vacate alley rights -of -way whenever possible. 2. This alley does not serve as an access to any of the adjoining properties. 3. The grade south of Fenton Avenue is too steep to construct the alley. CITIZEN COMMENTS The ten property owners adjacent to this alley right -of -way, including the portion proposed for vacation by city staff, were asked their opinion of this proposal. Each of the four respondents is in favor of vacating the alley. Those in favor had the following comments: 1. The property needs to be maintained and legally staked surveyed). Please arrange to have the alley marked so that everyone will know exactly where its boundaries are. Staff comment: It is the responsibility of the adjacent property owners to locate their property lines. 2. I don't see how an alley would help anyone. 3* No one affected ever uses the old alley area ( for access) . REFERENCE Easement D 1. This unimproved alley right -of -way is twenty feet wide.' It is being used as side and rear yard area. 2. Northern States Power and Northwestern Bell Telephone have overhead lines and poles along the east /west section and along the north /south portion adjacent to Lots 16 -20, Block 5, Kavanagh and Dawson's Addition to Gladstone (page 5).. Planning Chapter 412,851 of state law states that "the council may by resolution vacate any street, alley, public grounds, public way, or any part- thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four - fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks published and posted notice." Public Works 10 There are no city utilities within or planned to be located within this right -of -way, 2. The slope south of Fenton Avenue has a grade of approximately 16.5 percent. Maximum street grade is 7.5 percent. 2 Procedure 1. Planning commission recommendation. 2. City council decision following a public hearing. jW Attachments 1. Location Map 2. Property Line /Zoning Map 3. Letter from Applicant 4. Petition 5. Resolution 3 KO 4 R PUt F— ONE* 0 R R • R couNrY - W Roan R F r R RF V) R PU0 Cr .J . F R R 2 ar a J R 8C i ice. -.•• ..`..J SECANTF MI R R R M I M I a' GR AV F M fRvR OR TRUNK SHEROr AVE • MI Av wo F v c uo4TY ® P i o 2 d F L.ELANO © n ® ST R 2)LJNC av R RKE AVE ~BU R3 R AVE R ELORtQGE r IC cq R _ NT X104 9E' % A MA. avE Cr 2) m VE gYAN i cn W • a r ,R3 ( Rc CL ate. F BEL 00 AV / cn F R S lC l W F x C C p W I z F ,R zl 1, R3 W Cr I Q a R Q ,:. ; Q S B,E RZ, RIPL c R ' ` So? 4 AVE AVE R o Roc4LENr W ; WE X32) ° -' F LAKE` F R Avg . lkv B z / I o NC LOCATION MAP 4 Attachment 1 Q r D 0 _ r' J ; . 10 c w"a 30130 6p TSCI 0 6p 1 11 10 10 t 12 I 9 1 2 4'I 12 9o --- _ 1.Z 9 ca.fc. N 13 g ' I' w a.: .3 8 04 7 04 W 14 7 o 14 7 7, W ` ! 0 A -11 4 17 0 3 : 0 2 , , r - • e • s25 - t i _ : 6 3 O2aG. t 19} 20 20 1 1 Z- Q 20 1 t vaca ed to FENTON OMEN'to to x')12 9 • (G) t t j 9 1082 13 g13 I 14 7 18651 = f16 14. ) =Cs I , I 7 GG 4 V I S y A S I 1 1858 ' IG 7&( 5 i w i N 17 all 11 s CG4-) 1'T 4 5573nat -- -- - - clr loo 1852 3 1855. d l Q 020 t L Z (43 19 11 G5 .45 ckp— . 16c i r 0 1844 .. 1 .. 20 1 v 2A 1 1 t .....'. A0 IbQ13P .: ; v.:•: ;.: 0(5 130 1,01 - - 1053 I •Z : 1 1083 GORo 9)oc3o a, patooI. UL c 3 (7) t iLT a F E O ° p rat (315) 4e 2 3 coo A 9 2 qs 10 c 3g (31 i ti 13 5 I )2 11 47 1 14 Go 6 ! 1 55) 7 1 14 - o 9 Go Ir RIPLOOKOUT PARK i LjO107 05 a u s 3 ' I ZO s 40" V O op _ t S1 O 4 7 1 GZ ' Im 1 tip' I 1 tL) `' p (ZL 9 C) 14 0 ; j3) W z3. 1I t 3 1 Go Go p t to A Go PROPERTY LINE /ZONING MAP Alley requested for vacation Proposed for vacation bys''• y q i city staff 5 Attachment 2 Randall Johnson City of Maplewood 1830 East County Road g Maplewood, NIld 55109 Dear Mr. Johnson; May 21, 1987 Enclosed is a public vacation application of a city alley that runs behind house and some of nei • my • my ghbors houses as well. The I need to do this is for the purpose of installing a fence at my back ,property line for securi purposese There is a large. tree that appears to be on the current propertylineandIwouldrathergetanextra10feetsoIcouldincludethetreein my p than to put the fence in front of the tree and make my yard smaller. Also to benefit from this vacation would be the Dunshees' (#6) and the MeyersMe The woul.d then be Y ( #7) y able to make separate driveways and gave them as they felt neccessary. Also it would increase the yard sizes of the Evans #1andthePipitones (#4). C ) I feel that the public would benefit because junk could not be stored on it causing a potential health and safety hazard. I have talked with various ale in your department regarding the storage of scrap lumber metal trailers, cars, trucks, discarded la ers, snacmcbiles oil drums and otherthen various 1tam on this alley. I feel that this vacation would . solve that publicnuisance. Please note that #3 on the abstract list should not be included since it does not abut the alley. I am not sure why they included it. The portion of the alley I am est' to be vacated is highlighted 'ing ghl ghted .n yellow on the enclosed map. Enclosed are two Checks for the filing fee ($48.00) and the coon reco ' county recordingfees ($60,00),. Thank you in advance for your JAL "L pt attention Sin Y, J c. Rawson, Jr. 1844 Adele St. Maplewood, M 55109 776 -2026 Hcame 298 -6057 Work 6 Attachment 3 PUBLIC VACATION PETITION We, the undersigned, being a majority of the owners of land abutting on the (street)-,alley), or (public easement) described as: Aile o-t a ro a do. hereby petition the City Council of Maplewood, Minnesota, to vacate the above described area. Signature Name Please print or type)abstractor's List No. Ale-1 A 1 let 4 f" A 12Lv, 1 7 Attachment 4 Pursuant to due call and notice thereof, a regular meeting of the CityCounciloftheCityofMaplewood, Minnesota was duly called and held in the council chambers in said city on the day of 1987 at 7 p.m. The following members were present: The following members were absent: WHEREAS, John Rawson, Jr. initiated proceedings to vacate thePublicinterestinthefollowingdescribed : ri ht -of -wag Y 10 The alley right -of -way in Block Four, Lakeside Park lyingnorthofthenorthlineofLotsOnethrough ng ugh Four and the westerlyextensionofsaidline. 2. The alley right -of -way between the easterly extension of thesouthlineofLotTwentyandeasterlyextensionofthenorthlineofLotEleven, Block Five, Kavanagh and Dawson's Addition to Gladstone. WHEREAS, the procedural history of this vacation is as follows: 19 A majority of the owners of ro ert abutting 'P P Y g said alleyright -of -way have signed a petition for this vacation; 20 This vacation was reviewed by the planning ommission onAugust31, 1987. The lannin g P g commission recommended to the citycouncilthatthisvacationbe 3. The city council held a public hearing on 1987 to consider this vacation. Notice thereof was ublishedandmailed. pursuant to law. All p •persons present at this hearing weregivenanopportunitytobeheardandpresentwrittenstatementsThecouncilalsoconsideredreportsandrecommendationsofthecitystaffandplanningcommission. WHEREAS, upon vacation of the above - described alley right-of-way, property will accruepublicinterestintheproPYe to the . following describedabuttingproperties 10 Lots 1 -20, Block 5, Kavanagh and Dawson's Addition toGladstone. 2. Lots 1 -5, Block 4, Lakeside Park. All in Section lb, Township 29, Range 22, ' Ramse County,Y NOW, THEREFORE, BE IT RESOLVED by the Maplewood City ouncil thatatitisinthepublicinteresttogranttheabove - described vacation onthebasisofthefollowingfindingsoffact: E'3 1. This right -of -way is the result of obsolete platting that occurred prior to the establishment of the city. Maplewood's policy has been to vacate alley rights -of -way whenever possible. 2. This alley does not serve as an access to any of the adjoining properties. 3. The.grade south of Fenton Avenue is too steep to construct the alley. This vacation is subject to the retention of a utility easement over the following described areas: 10 The north ten feet of the alley right -of -way in Block Four,Parkside Addition, 2. The west ten feet of . the alley right -of -way in Block Five, Kavanagh and Dawson's Addition to Gladstone, lying between the easterly ex tension .of the south line of Lot Twenty and the easterlyextensionofthenorthlineofthesouththirtyfeetofLotSixteen. Adopted this day of , 1987 Seconded by Ayes -- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS . CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed Clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the day of 1987 with the original on file in my office and the same is a full, true and complete transcript. therefrom insofar as the same relates to vacation of this alley right -of -way. Witness any hand as such clerk and the corporate seal of the city this day of , 1987. City Clerk City of Maplewood, Minnesota 5 - Planning Commission Minutes 8 -31 -87 VI. VISITOR PRESENTATIONS VII. COMMUNICATIONS VIII. NEW BUSINESS A. Alley Vacation: Between Fenton, Walter and Gordon John Rawson, Jr., the applicant requesting the alley vacation, was present and requested the city remove a diseased elm tree on the city's alley property. The commission suggested this matter be addressed to the city council for their direction. Commissioner Sletten moved approval of the resolution to vacate the alley right -of -way, subject to retention of a ten - foot -wide utility easement along the north half of the east /west segment and the west ten feet of a portion of the north /south segment. The basis for approval is: 1 . T h i s right -of -way is the result of obsolete platting that occurred prior to the establishment of the city. Maplewood's policy has been to vacate alley rights -of -way whenever possible. 2. This alley does not serve as an access to any of the adjoining properties. 3. The grade south of Fenton Avenue is too steep to construct the alley. Commissioner Si gmund i k seconded Ayes -- Barrett, Fischer, Rossbach, S i gmu nd i k, S l etten B. Preiimi nary P1 at, Alley and Street Vacati ons:. Parkway Terrace Mario Cocc 'arella, a partner in Sherman - Boosalis Companies, commented on the recom ndations in the staff report concerning the storm sewer construction g rantee. A commissioner asked staff for North St. Paul's or past policy escrow guarantees. Staff explained Maplewood's past policy and .reFerred r. Cocchi arel 1 a to the City of North St. Paul for their policy. Commissioner Rossbach GMved: I. Approval of the resol tion to vacate the existing street and alley rights -of -way that cross th's site. Approval is on the basis that: 1. The street and alley rights -of -way are not needed. 2. The proposed street align nt would preserve more desirable mature trees than would otherwi be possible. 3. Construction of the east /west N dhurst Avenue right -of -way would require additional driveways on County Road B. The proposed north /south right -of -way alignment woul reduce or totally eliminate this undesirable situation. AGENDA NUMBER F7-3 MEMORANDUM TO: City Manager FROM: City Engineer SUBJECT: Southlawn Drive (Beam Avenue to County Road D ) City Project 85 -17 Public Hearing DATE: Septemb 22, 1987 Alt'o11 by o Modified A public hearing is scheduled for 7:20 p.m. to consider construe it onofSouthlawn s attached, Drive from Beam Avenue to County Road D. The feasibilitystudyi jc s d i AGENDA REPORT AGENDA NUMBER TO: City Manager FROM: Ass.i.stant City Engineer SUBJECT: Southlawn Drive (Beam to County Road D) City Project 85 -17 Order:-Public Hearing DATE:' September 9, 1987 INTRODUCTION Attached is the feasibility report from September 1985, improvement of Southlawn Drive between Beam Avenue and Also attached is a letter from the consultant updating providing a state -aid fund estimate. Council approval feasibility report is required as well as calling for a on September .28, 1987. BACKGROUND i I on the County Road D. the report and of the public hearing On October 28, 1985, the city council held a public hearing to consider the construction of Southlawn Drive between Beam Avenue and County Road D on the west side of Maplewood Mall. The proposed improvement was a two - phased construction project with the first phase, the Beam Avenue one -half of the roadway, to be constructed immediately and the second phase, the connection to County Road D, to be delayed until the major property owner dedicated the required right -of -way as part of the platting process. The council tabled the project pending negotiations with the property owners for the right - of -way. On November 11, 1985, the city council rejected a proposal in which the city would be financing the right -of -way acquisition through assessments for construction of the entire segment from Beam to County Road D. The council directed the city engineer to prepare plans and specifications only after all right -of -way was dedicated. The property owners rejected the council proposal so the project time limit expired. On July 13, 1987, the city council approved an easement agreement with Corporate Property Investors, Inc., the owners of Maplewood Mall, for the dedication of the existing mall entrance road. This entrance road will serve as the southern segment of Southlawn Drive. The agreement also included the purchase for $4.0,000 the existing roadway and utilities within the entrance right -of -way. On August 24 , ' 1987 , the city counci l reviewed a report ion the municipal state -aid fund balance. The report stated that if projects were not ordered reducing the fund balance by $861,412 prior to October 20, 1987, the unencumbered construction fund subcommittee v would recommend that the city's 1988 allotment of construction funds be reduced from aproximately $600,000 to $300,000. The council had previously ordered Sterling Street between Mailand Road and Highwood Avenue with an estimated state -aid allotment of $600,000. In response to the need for an additional state-aid fund expenditure 4nd noting the roadway's need to serve the area due to the, westward Axpansion of Maplewood Mall, the council ordered . the updating :of the Southlawn Driv* feasibility study. ALTERNATIVES 1. Accept the feasibility report and order a public hearing to be held on September 28, 1987 at 7:20 p.m. 2. Reject the report and hearing. DISCUSSION' Alternative 2, reject the project, would mean certain loss of $300,000 in state-aid dollars. The screening committee allowed the city to have an excessive balance throughout 1986 because Southlawn Drive and Upper Afton Road were pending projects at that time. The nonaction on those projects is viewed by the screening committee. as the city not having funding needs to upgrade the municipality's street system andYY the funds can be better utilized in cities with demonstrated needs. Alternative 1 will call a hearing for September 28 at which time the council will consider ordering of the project for 1988 construction. The following financing proposal represents the updated conditions: Est. Asmt. Item - Cost Units Asmt. Rate Recovery TIF MSAS Sanitary Sewer $ 3,30.0 1 Ea. $3,300.00/Ea. $ 3,300 $ 0 $ 0 Water Main 76,700 2,600 FF 29.50/FF 76,700 0 0 Water Service 7 3 Ea. 2,400.00/Ea. 7 0 0 Street 825,200 4,880 FF 40.00/Ea. 195,200 205,000 425,000 Totals $912,400 -- -- $282,400 $205,000 $425,000 It should be noted that the street cost includes costs- for. right -of- way and additional indirect costs due to the d i f f i c u l t nature of the project and the indirect costs already incurred to date. RECOMMENDATION It is recommended that the council accept the feasibility report and order a public hearing for September 28 at 7:20 p.m. by passing the attached resolution, jc cl ofw ( R1 . - & 0 00,91rAF -W *Jrty '*r*&*%,. so FuTuRE STREET fe CK Ala 0* POP cr IL ub 13EAM AVENUE old SA FYI IMPROVEMENT 85W17 Southlawn Drive B Ave to CO Road D 10/10/85 fir I n _---mod 4. cl ofw ( R1 . - & 0 00,91rAF -W *Jrty '*r*&*%,. so FuTuRE STREET fe CK Ala 0* POP cr IL ub 13EAM AVENUE old SA FYI IMPROVEMENT 85W17 Southlawn Drive B Ave to CO Road D 10/10/85 9,UZg7 222 EAST LITTLE CANADA ROAD, ST. PAUL, MINNESOTA 55117 . 612 484 -0272 August 31 1987 r RE: MAPLEWOOD, MINNESOTA SOUTHLAWN_AVENUE STREETS AND 'UTILITY CONSTRUCTION SEH FILE: 86000 Honorable Mayor and City Council City of Maplewood i83V East County Rd. B Maplewood, MN 55109 c/o Chuck Ahl, Assistant City Engineer Dear Council Members: In accordance with your request we have reviewed the Feasibility Report for Street and Utility Construction on Southlawn Avenue which was prepared in September of 1985. We find that all conclusions and recommendations presented in the report remain relevant except for number 1. The Southlawn Avenue alignment has subsequently been designated as an MSA route.. The cost estimates presented in the report also are accurate for present and projected 1988 construction. The total estimated project cost remains $640,000. In reviewing the cost estimates, would feel that virtually all of the Phase I and Phase II Street Construction costs would be eligible for MSA reimbursement. The total of these costs are estimated to be :r?5, 000: As before, we find the project to be feasible and recommend that if authorized, construction be in general compliance with the provisions of the report. Respectfully submitted, SHORT -ELL IOTT- HENDRICKSON, INC. Steve Campbell ems SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA WISCONSIN MEMORANDUM Action by Council Endorsed TO: City Manager ModifIed FROM: Director of Community Development Rojccte SUBJECT: Tax Increment Financing Plan Revision ate DAVE: September 16, 1987 Introduction City staff is proposing that the city's tax - increment financing plan be-revised to allow the city to. spend the tax increment from the Ma instreet store and new addition to the Maplewood Mall on the l i s t of public improvement projects on page 9. Public improvements west of the mall, such as the construction of Kennard, Southlawn and Lydia Avenues, and the acquisition of the Burlington Northern corridor have been added, Background The city council adopted the original tax - increment financing plan on October 28, 1985 and modified it on June 23, 1986. Discussion Tax - increment financing is a method of financing projects with a public purpose by selling bonds and repaying them with the increase in taxes from a new development. It is anticipated that the financing for the proposed public improvement projects will maximize assessments and state -wide financing with the balance to come from tax - increment financing. The option would be to finance the balance from the general fund. Recommendation Approve the enclosed resolution approving the development program and tax - increment plan. kd Attachments 10 Resolution (Separate Attachment) 2. Development Program and Tax- Increment Financing Plan (Separate Attachment) 0 556X EXTRACT OF MINUTES of MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,.MINNESOTA HELD: SEPTEMBER 28, 1987 Pursuant. to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held on the 28th day of September, 1987, at o'clock p.m. The following members of the Council were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION ENLARGING DEVELOPMENT DISTRICT NO. 1 AND APPROVING -THE DEVELOPMENT PROGRAM RELATING THERETO, AND ADOPTING ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2 AND ADOPTING THE TAX INCREMENT FINANCING PLAN RELATING THERETO WHEREAS: A. It has been proposed that the City of Maplewood enlarge Development District No. 1 and adopt a development program with respect thereto and create Economic Development District No. 1 -2, (the "Tax Increment District ") within Development District No. 1 and adopt a tax increment financing pl -an with respect thereto under the provisions of Minnesota Statutes, Sections 469.174 through 469.179 and Sections 469.124 through 469.134 (collectively the "Act "); B. The Council has investigated the facts and has caused to be prepared a development program.and tax increment financing plan for Development District No. 1, and has caused to be prepared a proposed tax increment financing plan for the Tax Increment District. C. The City has performed all actions required by law to be performed prior to the creation of Development District No. 1 and the Tax Increment District and the adoption of the proposed development program and tax increment financing plan relating thereto, including, but not limited to, notification of Ramsey County and Independent School District No. 622 and Special Intermediate School District No. 916 having taxing jurisdiction over the property to be included in the Tax Increment Districts, a review by the City Planning Commission of the proposed Development Program for Development District No. 1, and the holding of a public hearing upon published and mailed notice as required by law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood as follows: 1 Development District No. 1 There is hereby established in the City of Maplewood Development District No. 1, the initial boundaries of which are fixed and determined as shown on the attached Exhibit A. 2. Development Program The development program for Development District No. 1, a copy of which is on file in the office of the City Manager, is adopted as the Development Program for Development District No. 1. 3. Tax Increment District There is established in the City of Maplewood within Development District No. 1 a tax increment financing district to be known as "Economic Development'District No. 1 -2." If CPI agrees to subdivide Lot 5, Block 1, Maplewood Mall Addition into two parcels reflecting the existing Maplewood Mall site and the site the mall addition will be constructed on, Economic Development District No. 1 -2 shall have the initial boundaries as shown on the attached Exhibit B incorporated herein by reference. If CPI does not agree to subdivide Lot 5, Block 1, Maplewood Mall Addition in the manner described in the foregoing sentence, Economic Development District No. 1 -2 shall have the initial boundaries as shown on the attached Exhibit C incorporated herein by reference. a 4. Tax Increment Financing Plan The tax increment financing plan is adopted as the tax increment financing planfortheTaxIncrementFinancingDistrict, and the City Council makes the following findings: a) Economic Development District No. 1 -2 is an economic development district as defined in Minnesota Statutes, Section 469.174 the specific basis for such determination being: Economic Development.District No. 1 -2 is being created so that the tax increments derived therefrom can be used to fund the public improvements set forth in the development program which will stimulate additional development in Development District No. 1, thereby creating new jobs and expanding the City's tax base. b) The proposed redevelopment in the opinionoftheCityCouncil, would not occur solely through P rivateinvestmentwithinthereasonablyforeseeablefutureand therefore the use of tax increment financing is deemed necessary. The reasons supporting this finding are that: The development activities within Development District No. 1 to be financed by tax increment financing are not financeable using traditional methods of financing. Private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will.occur within Development District No. 1. c) The tax increment financing plan for the Tax Increment District conforms to the general plan for development or redevelopment of the City of Maplewood as a whole. The reasons for supporting this finding are that: H i) The Tax Increment District is properly zoned; The tax increment financing plan will generally compliment and serve to implement policies adopted in the City's comprehensive plan. P d) The tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the City of Maplewood as a whole, for the development or redevelopment of the P'p Tax Increment District by private enterprise. The reasons supporting this finding are that: As previously stated the development activities, consisting of public improvements, to be financed by tax increment financing are necessary so that additional commercial development by private enterprise can occur within Development District No. 1. 5. Public Purpose The development program for Development District No. 1 and the adoption of.the tax increment financing plan for the Tax Increment District conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up to provide employment opportunities to improve the tax base, and to improve the general economy of the State and thereby serves a public purpose. 6. Certification The Auditor of Ramsey County is requested to certify the original assessed value. of the Tax Increment District as described in the tax increment financingplan, and to certify in each year thereafter the amount bywhichtheoriginalassessedvaluehasincreasedordecreased in.accordance with the Act; and the City Manager is authorized and directed to forthwith transmit this request to the CountyAuditorinsuchformandcontentastheAuditormayspecify,together with a list of all properties within the Tax Increment Districts for which building permits have been issued during the 18 months immediately preceding the adoptionofthisResolution. 7, Filing. The City Manager is further authorized and directed to file a copy of the rodevelopment ram and taxPprogram I P increment financing plan for the Tax Increment District with the Commissioner of Energy and,Economic Development. 80 Administration The administration of Development District No. 1 is assigned to the City Manager who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof, and the following voted against the same: whereupon said resolution was declared duly passedandadopted. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Manager of the City f Maplewood, Y P Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoinggg extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein ind'icated, insofar as such minutes relate to the enlargement of Development District No. 1 and the establishment of Economic Development District No. 1 -2 in the City.Y WITNESS my hand and the seal of said City this day of 1987. City Clerk SEAL) I . 1 1 1 K 'N 1 « do M e ~g all n MR MM lI/f 1j - MM t•.I M y 7 • 1ACASis" MlOwtJ Kicar1 •• SI :O N. • ' .! l[0[MO 11110 N wry 4r rrs 1 • 1 ©' w•« eyr w.. .......... © * 1trw•tt .M +try ... - tw" t••ft .. .......... r • 1990 Mr• t..ry w .nrr. r r..rr.tMr7 _151 •a .u•r wwtMgtWW" +. r ; r ; oN. aonlu mar oat A g • . .. . , 1940A 160010 0 N. ----- • ! 05 i •+ : r • / 1110 A d l aur r„w,l I i I 9 1910~ T / 1 7 • i..t e • "' p « \ \1 v! - 1990 MII / N ^ IYI • ' T r A tr • v C tr tr I MK r I 41' • j w J I 90011 10 to 110~ M Exhibit A a 11011 13 OO o0 14 14 10 1 Id IS 4009 — — MOL 1• It t s 4 1T IT 0 i• 1•1 1. 1100 ---• ' 04 11!00 s 19 19 i 1040 Ito 1 1 1 !0 WSOIL 8 c EXHIBIT B Main Street Store - Maplewood Mall That part of Lot 5, Block 1, Maplewood Mall Addition Ramsey County, Minnesota, described as follows: Commencing at the northeast corner of Lot 7, Block 1 Maplewood Mall Addition; thence on an assumed bearin ofS3degrees32' 27" W alongg the easterly line of saidLot7, a distance of 258.25 feet, thence on a bearing f East, 44.08 feet to the actual o' g point of beginning; thenceN3degrees3227E., 282.72 feet; thence on a tangential curve to the right for a distance of 304.55 feet, radius of said curve is 654.67 feet; thence on a bearing of East, not .tangent to last described curve 220.00 feet; thence on a bearing of South, 27.90 feet;thence on a bearing of East, 64.97 feet; thence on a bearing of South, 543.50 feet; thence on a bearing of West, 390.00 feet to the actual point of beginning.Subject to easements, if any. Mall Addition - Maplewood Mall That portion of Lot 5, Block 1, Maplewood Mall Addition on which the Mall Addition will be constructed. A separate legal description for the Mall Addition will be established. L T EXHIBIT C Main Street Store - Maplewood Mall That part of Lot 5, Block 1,. Maplewood Mall Addition, Ramsey County, Minnesota, described as follows: Commencing at the northeast corner of Lot 7, Block 1, Maplewood Mall Addition; thence on an assumed. bearing.of S 3 degrees 32' 27" W, along the easterly line of said Lot 7 a distance of 25.8 25 feet, thence on a bearing of East 44.08 feet to the actual point of beginning; thence N 3 degrees 32' 27" E., 282.72 feet; thence on a tangential curve to the right for a distance of 304.55 feet, radius of said curve is 654.67 feet; thence on a bearing of East, not tangent to last described curve, 220.00 feet; thence on a bearing of South, 27.90 feet; thence on a bearing. of East, 64.97 feet; thence on a bearing of South 543.50 feet; thence on a bearing of West, 390.00 feet to the actual point of beginning. Subject to easements, if any. MLI: 09/9/87 570M MODIFIED DEVELOPMENT PROGRAM for DEVELOPMENT DISTRICT NO. 1 MODIFIED TAX INCREMEW FT NANO ING PLANS FOR ECONOMIC DEVELOPMENT DISTRICT NO. 1-1 Zanti and Maplewood S HOUSTNG DISTRICT NO. 1-1 Maple Rid Apartments) HOUSING DISTRICT NO. 1-2 Maple Rid Estates Apartments) ECONOMIC DEVELOPMENT DISTRICT NO. 1-2 Mall Addition and Main Street Store) or CITY OF MAPLEWOOD, MINNESOTA September 28, 1987 This document was drafted b BRIGGS AND MORGAN 2200 First National Bank Buildin St.. Paul-, Minnesota 55101 T MUNICIPAL ACTION TAKEN Based upon the statutory authority described in the Modified Development Program attached hereto, the public purpose findings by the City Council and for the purpose of fulfilling the City's development objectives as set forth in the Modified Development Program, the City Council has created, established and designated Development District No. 1 pursuant to and.in accordance with the requirements of Minnesota Statutes Section 469.126. The following municipal action was taken in connection therewith: October 28, 1985 The Program for Development District No. 1 was adopted by the City Council. June 23, 1986 The Program for Development District No. 1 was modified by modifying the Project Costs. Sep 1987 The Program for Development District No. 1 was again modified by enlargement of the geographic Project Area and increased Project costs. The following municipal action was taken with regard to the Tax Increment Financing Districts located within Development District'No. 1: Economic Development District No. 1 -1 (Zantigo and Maplewood Square): October 28, 1985 The Tax Increment Financing Plan for Economic Development District No. 1 -1 was adopted by the City Council. June 23, 1986 The Tax Increment Financing Plan for Economic Development District No. 1 -1 was modified. Housing District No. 1-1 (Maple Ridge Apartments) : O 1985: The Tax Increment Financing Plan for Housing District No. 1. -1 was adopted by the City Council. June 23, 1986 The Tax Increment Financing Plan for Housing District No. 1 -1 was modified. 1 i t , Housing District No. 1 -2 (Maple Ridge Estates Apartments): October 28,1985 The Tax Increment Financing Plan for Housing District No. 1 -2 was adopted by the City Council. June 23, 1986 Th-e Tax Increment Financing Plan for Housing District No. 1 -2 was modified. Economic Development District No. 1 -2 (Mall Addition and Main Street Store): September 28, 1987 The Tax Increment Financing Plan for Economic Development District No. 1 -2 was adopted by the City Council. 2 SECTION I DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 1.1. Definitions The terms defined below shall, for purposes of this Development Program and Tax-Increment Financing Plan, have the meanings herein specified, unless the context otherwise specifically requires: C_ity " means the City of Maplewood, a municipal corporation and political subdivision of the State of Minnesota. The City has a Statutory City - Plan A form of government. Comprehensive Plan means the City's Comprehensive Plan submitted to the Metropolitan Council pursuant to Minnesota Statutes, 473.173, which contains the objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the City. Council " means the City Council of'the City, also referred to as the governing body. (See "Governing Body" below.) County " means the County of Ramsey, Minnesota. Development District Act means the statutory provisions of Minnesota Statutes, Sections 469.124 through 469.134, as amended and supplemented. Development District means Development District No. 1 in the City, which is created and established hereto pursuant to and 'in accordance with the Development District Act, and is geographically described in Exhibit A. Development Progra means this Development Program for Development District No. 1, initially adopted by the Council on October 28, 1985 and modified on June 23, 1986 and September 28, 19870 As defined in Minnesota Statutes, Section 469.125, Subd. 3, a development program is a statement of objectives.of the City for improvement of a development district which contains a complete statement as to the public facilities to be constructed within the district, the open space to be created, the environmental controls to be applied, 3 the proposed reuse of private property and the proposed operations of the district after the capital improvements within the district have been completed. Economic Development District means a type of tax increment financing district which consists of an ro'ect orYP7 , portions of a project, not meeting the requirements found in the definition of redevelopment district or housing district, but which the City finds to be in the public interest because: a) It will discourage commerce, industry or manufacturing from moving their operations to another state; or b) It will result in increased employment in the municipality; or c) It will result in preservation and enhancement of the tax base of the municipality. Governing Body means the duly elected City Council as defined in Minnesota S Section 469.125, Subd. 8. Housing District means a type of tax increment financing district which consists of a project, or a portion of a project, intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1937,-as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts, as defined in Minnesota Statutes, Section 469.174, subd. 11. Municipal Industrial Development Act means the statutory provisions of Minnesota Statutes, Sections 469.152 through 469.165, as amended. Municipality " means any city, however organized as defined in Minnesota Statutes, Section 469.125, Subd. 2. State " means the State of Minnesota. Tax Increment Bonds means any general obligation or revenue tax increment bonds issued and to be issued by the City to finance the public costs associated with DevelopmentDistrictNo. 1 as stated.in the Development Program and in the 4 Tax Increment Financing Plan for the Tax Increment Financing Districts within Development District No. 1. The term "Tax Increment Bonds" shall also include any obligations issued to refund the Tax Increment Bonds. Tax Increment Financing District means any tax increment financing district presently established or to be established in the future in Development District No. 1. Tax Increment Financing Act means the statutory. provisions of Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended. Tax Increment Financing Plan means the respective Tax Increment Financing Plan for each Tax Increment Financing District located within the Development District. 1.2. Statement of Public Purpose The Council (the Council ") in and for the City of Maplewood, Minnesota (the City ") has determined that there is a need for housing, development and redevelopment within the corporate .limits of the City to provide employment opportunities, to enhance development opportunities for the private sector, to improve the tax base and to improve the general economy of the City, the County of Ramsey and the State of Minnesota. It is found that there are certain parcels of property within the Development District which are potentially more useful, productive and valuable than is being realized under existing conditions, is less productive because of the lack of proper utilization, and, therefore, are not contributing to the tax base of the City to their full potential. In addition, it is hereby found that there is a need for public _improvements to encourage development.. Therefore, the City has determined to exercise its authority to develop a program for improving the Development District of the City to provide impetus for private development, to maintain and increase employment, to utilize existing potential and to provide other facilities as are outlined in the Development Program adopted by the City. The Council has also determined that the proposed developments would not occur solely through private investment in the forseeable future; that the tax increment financing plans proposed herein are consistent with the Development Program; and that the tax increment financing plans will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the development or 5 redevelopment of the Development District by private enterprise. The Council finds that the welfare of the City as well as the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce to carry out its stated public purpose objectives. 1.3. Statutory Authority THE DEVELOPMENT DISTRICT ACT. The Development District Act, authorizes the City, upon certain public purpose findings by the Council, to establish and designate development districts within the City and to establish, develop and administer development programs in regard thereto, all for the purpose of creating funding for the financing of necessary activities and improvements within the City. In accordance with the purposes set forth in Section 469.124 of the Development District Act, the Council hereby establishes Development District No. 1, as described in Exhibit A, for the purposes of enhancing the environment 'in which existing businesses are located, thus helping to secure their continued existence and potential additional development within the City, and promoting new and on -going development in Development District No. 1, both of which will provide employment opportunities, improve the tax base of the City and contribute positively to the economy of the State. THE TAX INCREMENT FINANCING ACT. The Tax Increment Financing Act, provides the procedure for the establishment of tax increment districts. for the use of tax increment financing authorized by the Development District Act for the funding of qualified public activities and improvements. Within the Development District, the City plans to establish two housing districts as the types of tax increment financing district described in Section 469.174, Subd. 11 for Housing District No. 1 -1 and Housing District No. 1-2 and plans to establish two economic development districts as the types of tax increment financing district described in Section 469.174, Subd. 12 for Economic Devel.opment District No. 1-1 and Economic Development District No. 1 -2. 1.4' Statement of Need The Development District is established by the City of Maplewood for the purpose of promoting the redevelopment of existing commercial areas and the.development of new business opportunities within the 0 community. The City has found that the area within the Development District has not realized its greatest development potential due to a variety of factors. Included in the development barriers identified by the City are: inadequate public improvements, improper land use and utilization, and lack of investment. The City has found that the creation of the Development District and the utilization of tax increment financing is needed to remove these barriers and to promote development of the community.. 1.5 Statement of Objectives The Council determines that it is necessary, desireable and in the public interest to establish the Development District in the City., pursuant to the authority of the Development District Act. The Council finds that-the creation of the Development District is necessary to give the City the ability to meet certain public purpose objectives that would not be otherwise obtainable in the foreseeable future without intervention by the City in the normal development process. The City intends to.satisfy the following objectives through the implementation of the Development Program: a) To provide safe, decent, sanitary housing for all residents of the city and in particular low and moderate income residents. b) To provide an adequate housing supply for all residents at a cost they can afford. c) To provide housing choices for low and moderate income residents who find housing opportunities are not available to them because of economic conditions. d) To provide project activities which will assist in making possible the construction of a planned apartment.for low and.moderate income residents, as well, as improving health, welfare and convenience of citizens residing in the Development District. e) Provide for the financing and construction of public improvements in the Development District, necessary for the orderly and beneficial development of the W Development District and adjacent areas of the City. f) Promote and secure the prompt development of certain property in the Development District, which property is not now in productive use or in its highest and best use, in a manner consistent with the City's Comprehensive Plan and with a minimum adverse impact on the environment, and thereby promote and secure the development of other land in the City. g) Promote and secure additional employment opportunities within the Development District and the City for residents of.the City and the surrounding area, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor and other human resources in .the City. h) Secure the increase of property subject to taxation by the City, Independent School Districts Nos. 622 and 624, Ramsey County, and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs required to be provided by them. i) Promote the concentration of new desirable residential, -commercial, office, restaurant, and other appropriate development in the Development District so as to maintain the area in a manner compatible with its accessibility and prominence in the City. j) Encourage local business expansion, improvement and development, whenever possible. k) Create a desirable and unique character within the Development District through quality land use alternatives and design quality in new and remodeled buildings. 1) Encourage and provide maximum opportunity for private redevelopment of existing areas and structures which are compatible with the Development Program. 1.6 Boundaries of Development District The area within the Development District is set forth in Exhibit A. 1.7 Development Activities Development activities within the Development District must be financially feasible, mark'et.able and be compatible with long -range development strategies of the City. The following recommendations represent the options that satisfy community development objectives for the Development District while taking advantage of opportunities which are currently available. The City will perform all project activities pursuant to the statute and in doing so, anticipates that the following may, but are not required to be undertaken: a) The making of studies, planning, and informal activities relating to the Development Program. b) The implementation and adminis- tration of the Development Program. c) The construction or reconstruction of streets, sidewalks, utilities, and other public improvements including but not limited to: i) the construction of street, water and sewer improvements on Southlawn Drive from Beam Avenue to County Road D; ii) the construction of street, water and sewer improvements on McKnight Road from Highway 36 to Conway Avenue; iii) the construction of a water tower three hundred feet north of Glendon Street and Stillwater Road; iv) the construction of water main on Hudson place; 9 v) the installation of traffic lights at,Hazelwood Avenue and Southlawn Avenue on Beam Avenue. vi) acquisition of land and improvement of Hazelwood Park located at County Road C east of Hazelwood Avenue; vii) improvement of Playcrest Park located at Lydia Avenue and McKnight -Road; viii) acquisition and expansion of Harvest Park located Hazelwood Avenue south of County Road C and North of Highway 36; ix) the construction of water, street, sanitary.sewer and storm sewer improvements within an area North of Beam Avenue, South of the Northern City limit, East of Highway 61 and West of White Bear Avenue; x) acquisition of the abandoned Burlington Northern railroad right of way, running from Larpenteur Street to Highway 694. d) The acquisition of property consistent with the objectives of the Development Program. e) The preparation of property for use including demolition of structures, clearance of sites, placement of fill, and installation of utilities. f) The resale of property to developers. g) The provision of relocation assistance to businesses and homeowners as may be required by this Development Program. h) The issuance of Tax Increment Bonds to finance public costs of the 10 Development Program or to evidence the City's obligation to reimburse developers for all or part of the public costs of the Development Program incurred or to be incurred by it pursuant to a Development Agreement. i) The use.of tax increments derived from a Tax Increment Financing District within the Development District to pay debt service on Tax Increment Bonds or otherwise pay the public cost of the Development Program. 1.8 Payment of Public Cost It is anticipated that the public cost of the Development Program will be paid primarily from the tax increments to be derived from the Development District, either directly or indirectly by payment of project eligible expenses, by reimbursement of Developers for items of public cost paid directly by developers, or by some combination of these methods. The City reserves the right to utilize special assessments, general property taxes, utility revenues, and other sources of revenue which the City may apply to pay the public cost. 1.9. Environmental Controls The proposed Tax Increment Financing Districts within the Development District do not present significant environmental concerns. All municipal actions, public improvements and private development shall be carried out in a manner consistent with existing environmental standards. 1.10 Park and Open Space to be Created Park and open space within the Development District No. 1 will be created in accordance with the zoning and platting ordinances of the City. The City may undertake the following park improvements: a) the acquisition of land and improvement of Hazelwood Park located at County Road C east of Hazelwood Avenue; b) the improvement of Playcrest Park located at Lydia Avenue and McKnight Road. c) the acquisition and expansion of Harvest Park located at Hazelwood Avenue south of County Road C and North of Highway 36. 11 1.11. Proposed Reuse of Pro ert . The Development Pro 9 ram.does not contemplate the acquisition of private property until such time as a private developer presents an economically feasible program for the reuse of that property. Pro P osals in order to be considered, must be within the framework of the above cited goals and objectives, and must clearly demonstrate feasibility public program. Prior to formal consideration of the acquisition of any property, the City Council will require a binding contract, performance.bond and/or other evidence or guarantees that a supporting tax increment. or other funds will be available to repay the public cost associated with the proposed acquisition. It shall be the intent of the City to negotiate the acquisition of property whenever necessary. Appropriate restrictions regarding the reuse and redevelopment of property shall be incorporated into an land.sale contract to which the City is P Y a part. 1.12. Administration and Maintenance of Develop District Maintenance and operation of the public improvements will be the responsibility of the City Manager who shall serve as administrator of the Development District. The administrator will administer the Development District pursuant to the provisions of Section 469.131 of the Development District Act; provided, however, that such. powers may only be exercised at the direction of the Council. No action taken by the administrator pursuant to'the above -. mentioned P owers shall be effective without authorization by the Council. 1.13. Rehabilitation Owners of properties within the mDevelo ent District will be encouraged to rehabilitate their P properties to conform with the applicable state and locale codes and ordinances, as well as any design standards. Owners of properties who purchase property within the Development District from the City may be required to rehabilitate their propertieserties as condition of sale of land. The City will provide such rehabilitation assistance as may be available from federal, state or local sources. 1.14. Relocation . No person will be displaced and have to be relocated as a result of the Development Program. The City accepts its responsibility for providing for relocation pursuant to Section 469.133 of the Development District Act. 1.15. Amendments The City reserves the right to alter and amend the Development Program and the tax increment 12 financing plans, subject to the provisions of state law regulating such action. The City specifically reserves the right to change the size of the Development District and the Tax Increment Financing Districts, the public cost of the Development Program and the amount of Tax Increment Bonds to be issued to finance such cost by following the procedures specified in Minnesota Statutes, Section 469.175, Subd.. 4. 13 SECTION II TAX INCREMENT FINANCING PLAN FOR ECONOMIC DEVELOPMENT DISTRICT N0. 1 -1 HQUSING DISTRICT N0. 1 -1 HOUSING DISTRICT N0. 1 -2 Adopted October 28, 19851 Modified June 23, 19861 2.1 Statement of Objectives See Section I. Subsection 1.5, Development Program for Development District No. 1. 2.2 Development Program See Section I, Subsection 1.3, Development Program for Development District No. 10 2.3 Parcels to be Included in Tax Increment Financing District. ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1 Economic Development District No. 1 -1 is made up of certain parcels located within Development District No. 1. The specific parcels contained in the Tax Increment District are described in Exhibit'B. HOUSING DISTRICT NO. 1 -1 Housing District No. 1 -1 is made up of certain parcels located within Development District No. 1. The specific parcels contained in Housing District No. 1 -1 are described in Exhibit C. 14 HOUSING DISTRICT NO. 1 -2 Housing District No. 1 -2 is made up of certain parcels located within Development District No. 1. The specific parcels contained in Housing District No. 1 -2 are described in Exhibit D. 2.4 Parcels to be Acquired At this time the City does not intend to acquire and reconvey any parcels to specific developers of property within the City. The City intends to acquire rights of way in connection with the construction of certain public improvements within the Development District. The City intends to acquire two parcels of land if it undertakes the expansion of Hazelwood Park. These parcels are described as 0 follows: The Fee Owners of the north parcel are Bruce M. Mogren, Eugene F. Arndt, et al. Legal description: That part of the West 408.8 feet of the . E! of the SE -1,/4 of Section 3, Township 29, Range 22, Ramsey Co., Minn. lying North of the South 1,243.00 feet of said E z of the SE -1/4 and South of the North 912.00 feet of said E2 of SE -1/4, according to the U.S. Govt. Survey thereof. Size: 4.11 acres. Fee Owners of the south property are Lawrence S. Dotte and Donald A. Kainz, Trustees of the profit sharing trust of the Donlar Corp. and Contract Purchaser Eugene F. Arndt. Legal description: The North 400 feet of the South 1 feet of the West 408 feet of the W SE -1/4, of the SE -1/4, Section 3, Township 29, Range 22 and The North 200 feet of the South . 1, 04 3 feet. of - the East 510 feet of the West 558 feet of the SW -1/4 of the SE -1/4, of Section 2, Township 29, Range 22, except the North 30 feet of the East 100 feet of the West 408 feet thereof, all in Ramsey Co., Minn. Size: 4.06 acres. 2.5 Development Activity in Development District No. 1 for which Contracts Have Been Signed a) Zantigo Restaurant on County Road is being developed by Zantigo Mexican Restaurants, Inc. on County Road D. West of White Bear Avenue. The contractor is William Kranz Construction and the cost of the project is 260,000. b) Maple Ridge Square Shopping Center is being developed by Curt Johnson and ,Joe Weis - Weis Builders, Inc. at the intersection of Gervais Avenue and White Bear Avenue. The contractor is Weis Builders and the cost of the project is $2,318,383. c) Maple Ridge Apartments is being developed by Podawiltz Development Company on County Road D, west of White Bear.Avenue. The contractor is Avon Lumber Company, Inc. and the cost of the project is $2,800,000. d) Maple Ridge Estate Apartments is being developed by Maple Ridge Development Corporation at the intersection of Stillwater Road and Stillwater Avenue. 16 The contractor is.Steve Haight Construction and the cost of the project is $3,999,000. 2.6 Other Specific Development Expected to Occur within Development District No. 1 a) the construction of Century Ridge Apartments on Century Avenue south of Battle Creek; b) the construction of Hazel Ridge Apartments at the intersection of Hazelwood Avenue and County Road C; c) the construction of Beaver Creek Apartments at the intersection of Ferndale and Ivy Street, d) an expansion of Maplewood Mall, e) the rehabilitation and renovation of Keller Lake Shopping Center. It is anticipated that the above projects will be started within one year. 2.7 Estimated Cost of Project Costs and Supportive Data The estimated costs of certain of the public improvements and park improvements set forth in the. Development Program to be made within Development District No. 1 and financed by tax increments to be derived from Economic Development District No. 1 -1 Housing District No. 1 -1 and Housing District No. 1 -2 within Development District No. 1 are 2,188,870. 17 PUBLIC IMPROVEMENTS & PARK IMPROVEMENTS [Section 1.7(c)(i) through (viii)] LEGAL FEES, PLANNING FEES, COSTS OF ISSUANCE & CONTINGENCY BOND DISCOUNT INTEREST ON BONDS PRIOR TO RECEIPT OF TAX INCREMENT TO FULLY FUND PRINCIPAL AND INTEREST LESS INTEREST AND INCOME DURING CAPITALIZED INTEREST PERIOD EARNED AT 6% 2,188,870.00 33,644.35 47,310.00 236,511.79 16,336.14) TOTAL AMOUNTS OF BONDS TO BE SOLD $2,490,000.00 SUPPORTIVE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS OR DEVELOPMENT DIS UNDER DEVELOPMENT PROGRAM ITEM BASIS FOR ESTIMATE PUBLIC IMPROVEMENTS Estimates by City Staff PROFESSIONAL SERVICES Estimates of Project Costs for legal assistance, bond issuance costs, planning provided by Miller & Schroeder Financial, Inc. INTEREST ON BONDS PRIOR The amount of capitalized interest TO RECEIPT OF TAX INCRE-will be equal to an amount suf- MENT TO FULLY FUND ficient to pay interest on the PRINCIPAL AND INTEREST Tax Increment Bonds from the date of issue until the date of collection of sufficient tax increments to meet scheduled interest payments when due, but not exceeding 3 years as required by Minnesota Statutes, Chapter 475. Predicting capitalized interest prior to issuance is extremely difficult as it is a function of interest rates, construction schedules and tax timing; therefore, the above figure is only an estimate of capitalized interest and is subject to change. 1$ 2.8 Estimated Amount of Bonded Indebtedness It is anticipated that Tax Increment Bonds in the amount of 2,490,000 will be incurred with respect to this portion of Development District No. 1. 2'.9 Sources of Revenue It is anticipated that the sources of revenue to pay the costs associated with Development District No. 1 are Tax Increment Bond proceeds, state -aid funds, special assessments and park funds. 2.10 Original Assessed Value and Fiscal Disparities ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1: The original assessed value of all taxable property in Economic Development District No. 1 -1 as most recently certified by the Commissioner of Revenue of the State of Minnesota, being the certification made in 1985 with respect to the assessed value of such property as of 2, 1985, for taxes payable in 1986 is estimated to be $278,560. Minnesota Statutes, Section 469.177, Subd. 1, requires that the original assessed value in economic development districts be adjusted on an annual basis. The rate of adjustment is equal to the average percentage increase in the assessed value of all property in the Economic Development District No. 1 -1 during the five years prior to certification. The rate of adjustment for the District is approximately 1.084%. 19 The City hereby elects the method of tax increment computation set forth in Section 469.177, Subd. 3, clause (b). HOUSING DISTRICT NO. 1 -1 The original assessed value of all taxable property in Housing District No. 1 -1 as most recently certified by the Commissioner of Revenue of the State of Minnesota, being the certification made in 1984 with respect to the assessed value of such property of January 2, 1985, for taxes payable in 1985 is estimated to be $3,160. HOUSING DISTRICT NO. 1 -2 The original assessed value of all. taxable property in the Housing District No. 1 -2 as most recently certified by the Commissioner of Revenue of the State of Minnesota, being the certification made in 1985 with respect to the Assessed Value of such property as of January 2, 1985, for taxes payable in 1986 is estimated to be $37,440. 2.11 Estimated Captured Assessed Value Each year the County Auditor will measure the amount of increase or decrease in the total assessed value of Economic Development District No. 1 -1, Housing District No. 1 -1. and Housing District No. 1 -2 to calculate the tax increment.payable to the City of Maplewood. In any year in which there is an increase in total assessed valuation in Economic-Development District No. 1 -1, Housing District No. 20 1 -1 and Housing District No. 1-2 above the original assessed value, a tax increment will be payable. In any year in which the total assessed valuation in Economic Development District No. 1 -1, Housing District No. 1-1 and Housing District No. 1 -2 declines below the original assessed valuation, no assessed valuation will be captured and no tax increment will be payable. The County Auditor shall certify in each year after the date the original assessed value was certified, the amount the original assessed value has increased or decreased as a result of: 1. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; 3. change due to stipulations, adjustments, negotiated or court - ordered abatements. ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1 Upon completion of - the development expected to occur within Economic Development District No. 1 -1 the City estimates the assessed value of the Property within Economic Development District No. 1 -1 to be $1,822,566. The captured assessed value upon completion is expected to annually approximate $1,233,838.73. This amount will be captured for up to 8 years or until the Tax Increment Bonds are retired. The city requests 72.83390 of the 21 available increase in assessed value from Economic Development District No. 1 -1 for repayment of Tax Increment Bonds and current expenditures authorized by this Tax Increment Financing Plan (the balance of the increase being used to aP Y the fiscal disparities contribution of Economic Development Distruct No. 1 -1.). HOUSING DISTRICT NO. 1 -1 Upon - completion of the development expected to occur within Housing District No. 1 -1 the City estimates the assessed value of the property within Housing District No. 1 -1 to be $794,750. The captured assessed value upon completion is expected to annually approximate $791,590. This amount will be captured for up to 25 years or until the Tax Increment Bonds are retired. The.City requests 1000 of the available increase in assessed value. from Housing District No. 1 -1 for repayment of Tax Increment Bonds and current expenditures authorized by this Tax Increment Financing Plan. HOUSING DISTRICT NO. 1 -2 Upon completion of the development expected to occur within Housing District No. 1 -2 the City estimates the assessed value of the property within Housing District No. 1 -2 to be $1,300,500. 22 The captured assessed value upon completion is expected to annually - approximate $1,.263,060.. This amount will be captured for up to 25 years or until the Tax Increment Bonds are retired. The City requests 1000 of the available increase in assessed value from Housing District No. 1 -2 for repayment of Tax Increment Bonds and current expenditures authorized by this Tax Increment Financing Plan. 2.12 Type of Tax Increment Financing District ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1 Pursuant to Section 469.174, Subd. 12 of the Act, the City finds that Economic Development District No. 1 -1 qualifies as an "economic development district ": 1. Economic Development District No. 1 -1 does not meet the requirements to qualify as either a housing or a redevelopment district. 2. The creation of Economic Development District No. 1 -1 is in the public interest because it will preserve and enhance the tax base of the City and it will result in increased employment within the City. HOUSING DISTRICT NO . 1 -1: and HOUSING DISTRICT NO. 1 -2: Pursuant to.Section 469.174, Subd. 11 of the Act, the City finds that Housing District No. 1 -1 and Housing District No. 1 -2 each qualify as a "housing district" because 23 a portion of each project is intended for occupancy, in part, by persons of low and moderate income as defined in Minnesota Statutes, Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts. 2.13 Duration of Tax Increment Financing Districts ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1: The Act allows "economic development districts" to remain in existence for a period of 8 years from the receipt of the first tax increment or 10 years from the approval of the tax increment financing plan, whichever is less. Based on these limitations it is anticipated that Economic Development District No. 1 -1 will remain in effect until eight years from the receipt of the first tax increment. HOUSING DISTRICT NO. 1 -1: and HOUSING DISTRICT NO. 1 -2: The Act allows "housing districts" to remain in existence for a period of 25 years from the receipt of the first tax increment. Based on this limitation it is anticipated that Housing District No. 1-1 and Housing District No. 1 -2 will remain in effect until June, 2012. 24 2.14 Estimated Impact of Tax Increment Financing ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1 The estimated impact of Economic Development District No. 1 -1 on the other taxing jurisdictions within Economic Development District No. 1 -1 is set forth on Table I HOUSING DISTRICT NO. 1 -1 The estimated impact of Housing District No. 1 -1 on the other taxing jurisdictions within Housing District No. 1 -1 is set forth on Table II. HOUSING DISTRICT NO. 1 -2 The estimated impact of Housing District No. 1 -2 on the other taxing jurisdictions*within Housing District No. 1 -2 is set forth on Table III. 2.15 Cash Flow Analysis See Table IV. 25 ECONIMIC DEVELOPMENT DISTRICT N0. DEVELOPMENT DISTRICT IMPACT ON TAX BASE: H ts r r H DEVELOPMENT DISTRICT IMPACT ON MILL RATES: POTENTIAL JURISDICTION CURRENT MILL RATE TAXES GENERATED COUNTY OF RAMSEY 319867. 50,080 CITY OF Maplewood 17.747 32 OTHER (1) 6.310 SCHOOL DISTRICT #622 59 .453 11,500 108,357 1. Other taxing jurisdictions include: ORIGINAL DISTRICT AS FU'T'URE DISTRICT AS ASSL•:SSED PERCENT OF ASSESSED PERCENT OF JURISDICTION TAX BASE VALUE JURISDICTION VALUE JURISDICTION COUNTY OF RAMSEY 3 200 409,041 278 90087%1 0569% CITY OF Maplewoodlewood 263 278 1059%1 6926% SCHOOL DISTRICT 1 622 0 376 434 995 278,560 0740'1 4842% H ts r r H DEVELOPMENT DISTRICT IMPACT ON MILL RATES: POTENTIAL JURISDICTION CURRENT MILL RATE TAXES GENERATED COUNTY OF RAMSEY 319867. 50,080 CITY OF Maplewood 17.747 32 OTHER (1) 6.310 SCHOOL DISTRICT #622 59 .453 11,500 108,357 1. Other taxing jurisdictions include: i HOUSING DISTRICT N0, 1 -1 DEVELOPMENT DISTRICT IMPACT ON T BASE DEVELOPMENT DISTRICT IMPACT ON MILL RATES : r' H JURISDICTION CURRENT MILL RATE TAXES GENERATED COUNTY OF RAMSEY 31.867 259326 CITY O Maplewoodlewood 179747 149104 OTHER (1 ) 6.310 59015 SCHOOL DISTRICT #624 59.453 479250 1. Other taxing jurisdictions include : ORIGINAL DISTRICT AS FUTURE DISTRICT AS ASSESSED PERCENT OF ASSESSED PERCENT OF JURISDICTION TAX RASE VALUE JURISDICTION VALUE JURISDICTION COUNTY OF RAMSEY 3, 220, 409, 0'+1 3 0001%794,750 90247% CITY OF MAPLEWOOD 263 146 550 3 0012%794,750 3020% SCHOOL DISTRICT #624 227 3 160 0014%794 3490% DEVELOPMENT DISTRICT IMPACT ON MILL RATES : r' H JURISDICTION CURRENT MILL RATE TAXES GENERATED COUNTY OF RAMSEY 31.867 259326 CITY O Maplewoodlewood 179747 149104 OTHER (1 ) 6.310 59015 SCHOOL DISTRICT #624 59.453 479250 1. Other taxing jurisdictions include : HOUSING DISTRICT N0. 1 -2 DEVELOPMENT. DISTRICT IMPACT ON TAX BASE DEVELOPMENT DISTRICT IMPACT ON MILL RATES: POTENTIAL JURISDICTION CURRENT MILL RATE TAXES GENERATED COUNTY OF RAMSEY 31.867 419443 pCITYOFMaplewood 179747 23 OTHER (1)6.310 8920.6 453 77,31962259.SCHOOL DISTRICT . r H H ' 1. Other taxing jurisdictions include: ORIGINAL DISTRICT AS FUTURE DISTRICT AS ASSESSED PERCENT OF ASSESSED PERCENT OF JURISDICTION TAX BASE VALUE JURISOIC'TION VALUE JURISDICTION COUNTY OF RAMSE Y 3 220 409,041 37 00012%1 0404% CITY OF Maplewood 263 37,440 0142%1 94942% SCHOOL DISTRICT # 622 434 995376, ,37.440 00099 1 3455 DEVELOPMENT DISTRICT IMPACT ON MILL RATES: POTENTIAL JURISDICTION CURRENT MILL RATE TAXES GENERATED COUNTY OF RAMSEY 31.867 419443 pCITYOF Maplewood 179747 23 OTHER (1)6.310 8920.6 453 77,31962259.SCHOOL DISTRICT . r H H ' 1. Other taxing jurisdictions include: SOW Prepared b Killer i Scnr Financial: 6/13/85 of MADIeWOoo, i Can F t ow aria i vs i s cAe ':2716L ing 1-2 Economic 1 -1 Total Capitalized Princ Coupon Interest Total Dent Service Cumulative B61ance Coverage Factor Date Revenue Revenue mousing Revenue Interest n fell V55= 162, ees. le 1629 885%j. 90 1629 885. N e. a 1981 938 3. - 3j4, 5 54 724.88 89, 258.21 73, 626, 79 185, 080, 99 5,000% 162,885-00 158,268M 162, 885, 81 343, 260, 81 0.81 17, 794.78 e10.,% s3b9 9 474.56 91, 1 65i5, 956. 45, 9. . 9 23 533.53t 121 025.08 360,964.78 358, 456.6.198.80@, a 5.25a%148.64 7,50 338,647s59 37 106% fit yy 56 91 145, 956.6'i l 8, 315.75 355, 737.80 208, 008. e0 5, 50 @% 6. WU 13d 168.80 126, 3w. -aa 338,166.88 336, 361.00 55,999-153 71,519-87 195% 185% i i..9. , 4 7 4.56 L. 145,956-69 I , , " . 091358 2 IRS $2 352 789.34 349.594.07 21 @, 080. ea 220,060-06 6.200%113,246,00 333, 2240.80 87, 873.44 185% yy3 y 414..,6 91, 414.56 X45, 9E. 69 45, 956.69 11 , 08 699.151 ,3 ;6.1 sa. 4a 238.888.08 b. 4aax 9y, goa. as 329, 068. 164 i e5% y4 a .E5E 9., 414.56 14.,, H. 69 1 04 944.53 342 375.18 241, 800.00 6, 700%83, 660, 60 323, 660.08 H 123, 660.:2 135 896.37 196% 15% 1 ..31 j# b2 . . 69 237, 43:.25 155, a1a. as 165, U-0. Q•0 7. a?ax 7,26a% 71,195. ae 58, 830.10 225, 223,830M 149, 491.62 lab% W 199?9 . , 474.56 31, 4 l 4.56 4C 9.,c. 69 14 _, 5 .,6.69 237 431.25 23) 43i. 25 180, me. 11 7,400%46, 230.88 226,2389@0 160, 698.87 105% 4 393 9., 474..,6 145, 9 6.69 231 , 431.25 195, 000. 00 80 7.6 @0% 7, 700% 32,160.00 16,665,0 @ 227,161, 01 226,6650 179, 918. i81, 736.31 165% 115% 4 .4r .,6 5 41 .,, 95b. 6 237 431.25 237 431.25 211 aaa. 11 e, 680, 80 7, 800%4, 251, 08 114, 291, 99 384, 877.62 268% 00.9 ,, 474. .,6 145, 956.69 err w!- N.V N• -MoN r--- -- - -r- 1 2 c3 762, 6: r - - 1,837,436,57 858, 753.75 r.. 3, 979, 893.33 236, 511, 79 NM-- 2 491,1e0. 81 1,421, 527, 5a 3, 911, 527.50 304, 871.62 V 2=-==X===22 =rsss= M== *=s ss= = = = ==s== = =s=s == szsssssss :sss ss- ssssss =ss ssszs= ssssss f of the coverace actor does not inc:ude interest earned on the iW ance. SOW Prepared b Killer i Scnr Financial: 6/13/85 2.16 Use of Tax Increment The City hereby determines that it will use 100% of the captured assessed value of taxable property located in Economic Development District No, 1 -1, Housing District No. 1 -1 Housing District No. 1 -2 and 1000 of the tax increments to be derived from the Economic Development District No. 1 -1. The tax increments.derived from Economic Development District No. 1 -1, Housing District No. 1 -1 and. Housing District No. 1 -2 shall be used for the following activities: 1. To pay principal and interest on the Tax Increment Bonds. 2. To finance or otherwise pay the capital and administrative costs of Development District No. 1. 3. To finance or otherwise pay premiums for insurance or other security guaranteeing the payment when due of principal and interest on bonds issued pursuant to Minnesota Statutes, Chapters 462C, 469, or both. 4. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the bonds issued pursuant to Minnesota Statutes, Chapters 462C, 469, or both. 5. To finance project costs described in this Tax Increment Financing Plan. 26 6. To finance other.purposes as may be allowed by the Act. These revenues shall not be used to circumvent levy limitations applicable to the City nor for other purposes prohibited by Section 469.176, Subd. 4 of the Act. 2.17 Prior Planned Improvements The City shall, after due and diligent search, accompany its request for certification to the County Auditor or its notice of district enlargement with a listing of all properties wthin Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2 for which building permits have been issued during the eighteen 18) months immediately preceding approval of the Tax Increment Financing Plan by the City. The County Auditor shall increase the original assessed value of Economic Development District No. 1-1, Housing District No. 1 -1 or Housing District No. 1 -2, as the case may be, by the assessed value of the improvements for which the building permit was issued, excluding the assessed value of improvements for which a building permit was issued during the three (3) month period immediately preceding said approval of the Tax Increment Financing Plan as certified by the assessor. 2.18 Limitation on Qualification of Tax Increment 27 Development on a p.arcel located within the Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2 by the City or by the owner of the parcel in accordance with this Tax Increment Financing Plan shall occur within four (4 ) years of the date of certification of the original assessed value. For the purposes of this section the term "development" shall mean including J demolition, rehabilitation, or renovation of property, or other site preparation, including improvement of a street adjacent to the parcel. Development shall not include the installation of utility service including sewer and water. systems. If development has not commenced within this period no additional increment shall be taken from that parcel and the original assessed value of that parcel shall be excluded from the original assessed value of Economic Development District No. 1 -1, Housing District No. 1 -1, or Housing District No. 1 -2, as the case may be. If the City or the owner of the parcel subsequently commences development, the City shall certify the assessed value thereof as most recently certified by the Commissioner of Revenue and add it to the original assessed value 'of the affected Tax Increment Financing District. _ 2.19 Modifications of Tax Increment Financing Districts W, In accordance with Minnesota Statutes, Section 469.175, Subd. 4, any reduction or enlargement of the geographic area of Development District No. l or Tax Increment. Financing Districts within Development District No. 1, increase in amount of bonded indebtedness to.be incurred, including a determination or capital -ize interest on debt if that determination was not a part of the original tax increment financing plan, or to increase or decrease the amount'of interest on the debt to be capitalized, increase in the portion of the captured assessed value to be retained by the City, . i.ncrease in total_ estimated tax increment expenditures or designation of additional property to be acquired by the authority shall be approved upon the notice and after the discussion, public hearing and. findings required for approval of the original plan. The geographic area of a Tax Increment Financing District may be reduced, but shall not be enlarged after five years following the date of certification of the original assessed value by the county auditor. Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2 districts may therefore be expanded until 1990. 2.20 Limitation on Administrative Expenses In accordance with Minnesota Statutes, Section 469.174, Subd. 14 and Minnesota Statutes, Section 469.176, 29 Subd. 3, administrative expenses means all expenditures of an authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the district, relocation benefits paid to or services provided for persons residing or businesses located in the district or amounts used to pay interest on, fund a reserve for, or sell.at a discount bonds issued pursuant to Section 469.178. Administrative expenses includes amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. No tax increment shall be to pay any administrative expenses for a project which exceed ten percent-of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less. 2.21 Limitation on Duration of Tax Increment Financing Districts Pursuant to Minnesota Statutes, Section 469.176, Subd. 1, "no tax increment shall be paid to an authority three years from the date of certification by the County Auditor unless within the three -year period (1) bonds have been issued pursuant to.Section 469.178 or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to 30 Sections 469.152 through 469.165, prior to the effective date of the Act; or (2) the authority has acquired property within the district; or (3) the authority has constructed or caused to be constructed public improvemewnts within the district..." The City must therefore issue bonds, or acquire property, or construct or cause public improvements to be constructed by 1988 or the County Auditor may dissolve the applicable Tax Increment Financing District. 2.22 Limitation on Qualification of Property in Tax Increment Financing Districts Not Subject to Improvement Pursuant to Minnesota Statutes, Section 469.176, Subd. 6, "if, after four years from the date of certification of the original assessed value of the tax increment financing district..., no demolition, rehabilitation or renovation of parcel or other site preparation including improvement of a street adjacent to a property but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing. district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original assessed value of that parcel shall be excluded from the original assessed value of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or 31 renovation or other site preparation on that parcel including improvement of a street adjacent to that parcel, in accordance with.the tax increment financing plan, the authority shall certify to the county auditor in the annual disclosure report that the activity has commenced. The county auditor shall certify the assessed value thereof as most recently certified by the commissioner of revenue and add it to the original assessed value of the tax increment financing district. 2.23 Excess Tax Increments Pursuant to Minnesota Statutes, Section 469.176, Subd. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment plan, including the amount necessary to cancel any tax levy as provided in Minnesota Statutes,.Section 475.61 Subdivision 3, the.City shall use the excess amount to: 1. prepay the outstanding bonds; 2. discharge the pledge of tax increment therefore; 3. pay into an escrow.account dedicated to the payment of such bond; 4. repay any loans including interest on these loans; or 5. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their mill rate. 32 In addition, the City may choose to modify the financing plan as described in Part II, 2.18, in order to provide further public improvements within the development district. 2.24 Administration of Tax Increment Financing Administration of Economic Development District No. 1 -1, Housing District No. 1 -2 and Housing District No. 1 -2 will be handled by the.Office of the City Manager. The tax increment received as a result of increases in the assessed value of Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2 will be maintained.in a special account separate from all other municipal accounts expended only upon sanctioned municipal activities identified in the Tax Increment Finance Plan, 2.25 Annual Disclosure Requirements Pursuant to Minnesota Statutes, Section 469.175, Subd. 5, the City must file with the State Auditor on or before July 1, an annual financial report for all Tax Increment Financing Districts. The report shall also be filed with the school board and- county board. The report shall as nearly as possible: 1. Provide for full. d isclosure of the sources and uses of public funds in each Tax.Increment Financing District; 33 2 Permit comparison and reconciliation with the City's accounts and financial reports; 3. Permit auditing of the funds expended on behalf of each Tax Increment Financing District, including a single Tax Increment Financing District that is part of a multidistrict project or that is funded in part or whole through the use of a development account funded with tax increments from other Tax Increment Financing Districts or with other public money; and 4. Be consistent with generally accepted accounting principles. In addition, the report shall contain the following information: 1. The original assessed value of the Tax Increment Financing District; 2. The captured assessed value of the Tax Increment Financing District, including the amount of any captured assessed,value shared with other tax districts; 3. The outstanding principal. amount of bonds issued or other loans incurred to finance project costs in the Tax Increment Financing District; 4. For the reporting period and for the duration of the Tax Increment Financing District, the amount budgeted under the Tax Increment Financing Plan, and the actual amount expended for, at least, the following categories: 34 A. Acquisition of land and buildings through condemnation or purchase; B. Site improvements or preparation costs; C. Installation of public utilities or other public improvements; and D. Administrative costs, including the allocated cost of the City; 5. For properties sold to developers, the total cost of the property to the City and the price paid by the developer; 6. The amount of tax exempt obligations, other than those reported under clause (3), that were issued on behalf of private entities for facilities located in the Tax Increment Financing District. 35 SECTION III TAX INCREMENT FINANCING PLAN FOR ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2 Adopted September 28, 19871 3.1 Statement of Objectives See Section I, Subsection 1.5, Development Program for Development District No. 1. 3.2 Development Program See Section I, Subsection 1.3, Development Program for Development District No. 1. 3.3 Parcels to.be Included in Tax Increment Financina District, ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2 Economic Development District No. l -2 is made up of certain parcels located within Development District No. 1. The specific parcels contained in the Tax Increment District are described in Exhibit E. 3.4 Parcels to be Acquired In connection with Economic Development District No. 1 -2 the City does not intend to acquire and reconvey any parcels to specific developers of property within the City. The City intends to acquire rights of way in connection with the construction of certain public improvements within the Development District. 36 3..5 Develo ment Activity in Development District No. 1forwhichContractsHaveBeenSigned a) Zantigo Restaurant on Count Road is beingg developed by Zantigo Mexican Restaurants Inc. on County Road D, West of White Bear Avenue. The contractor is William Kranz Construction and the cost of the 7project isP 260,000. b) Maple Ridge Square in Center is be'PP g bei developed by Curt Johnson and Joe Weis - Weis Builders Inc. at the intersection of Gervais Avenue and White Bear Avenue. The contractor is Weis Builders and the cost of the project is $2,318,383. c) Maple Ridge Apartments is being developed bP Y Podawiltz Development Com an on Count RoadPYyad D, west of White Bear Avenue. The contractor is Avon Lumber Company, Inc. and the cost of the ro'ect is $2,800,000. P d) Maple Ridge Estate Apartments is being developed by Maple Ridge Development Corporation at the intersection of Stillwater Road and Stillwater Avenue. The contractor is Steve Haight. Construction and the cast of the project is $3,999,000. e) An addition to Maplewood Mall is being developed by CPI. The contractor is Kraus Anderson and the cost of the project is $2,075,000. 37 f) A Main Street Store at Maplewood -Mall is being developed by Federated Department Stores. The contractor is Sheehy Construction and the cost of the project is 2,004,000. 3.6 Other Specific Development Expected to Occur within Development District No. 1 a) The expansion of St. John's Northeast Hospital on Beam Avenue; b) It is expected that additional development may occur in the Development District in the future. The nature and timing of further development cannot accurately be predicted at this time. 3.7 Estimated Cost of Project Costs and Supportive Data The estimated costs of certain of,the public improvements set forth in the Development Program to be made within Development District No. 1 and financed by tax increments to be from Economic Development District No. 1 -2 (together with any available tax increments from Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1-2 within Development District No. 1) are $845,000. PUBLIC IMPROVEMENTS [Section 1.7(c)(ix) and (x)] $ 689,000 LEGAL FEES, PLANNING FEES, COSTS OF ISSUANCE ' & CON'T'INGENCY $ 33 , 450 BOND DISCOUNT $ 16,.550 W INTEREST ON BONDS PRIOR TO RECEIPT OF TAX INCREMENT TO FULLY FUND PRINCIPAL AND INTEREST $ 106,000 TOTAL AMOUNTS OF BONDS TO BE SOLD $ 845,000 SUPPORTIVE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS OR DEVELOPMENT DISTRICT UNDER DEVELOPMENT PROGRAM ITEM BASIS FOR ESTIMATE PUBLIC IMPROVEMENTS Estimates by City Staff PROFESSIONAL SERVICES Estimates of Project Costs for legal assistance, bond issuance costs, planning provided by Miller & Schroeder Financial, Inc. INTEREST ON BONDS PRIOR The amount of capitalized interest TO RECEIPT OF TAX INCRE-will be equal to an amount suf- MENT TO FULLY-FUND ficient to pay interest on the PRINCIPAL AND INTEREST Tax Increment Bonds from the date of issue until the date of collection of sufficient tax increments to meet scheduled interest payments when due, but not exceeding 3 years as required by Minnesota Statutes, Chapter 475. Predicting capitalized interest prior to issuance is extremely difficult as it is a function of interest rates, construction schedules and tax timing; therefore, the above figure is only an estimate of capitalized interest and is subject'to change. 3.8 Estimated Amount of Bonded Indebtedness. It is anticipated that Tax Increment Bonds in the amount of $845,000 will be incurred with respect to this portion of the development activities to be undertaken within Development District No. 1. 39 3.9 Sources of Revenue It is anticipated that the sources of revenue to pay the costs associated with this portion of the development activities to be undertaken within Development District No. 1 are Tax Increment Bond proceeds and special assessments. 3.10 Original Assessed Value and Fiscal Disparities ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2: The original assessed value of all taxable property in Economic Development District No. 1 -2 as most recently certified by the Commissioner of Revenue of the State of Minnesota, being the certification made in 1986 with respect to the assessed value of such property as of January 2, 1986, for taxes payable in -1987 is estimated to be $151 Minnesota Statutes, Section 469.177, Subd. 1, requires that the original assessed value in economic development districts be adjusted on an annual basis. The rate of adjustment is equal to the average percentage increase in the assessed value of all. property in the Economic Development District No. 1 -1 during the five years prior to certification. The rate of adjustment for the District is approximately 2.500. The City hereby elects the method of tax increment computation set forth in Section 469.177, Subd. 3, clause (b). 40 3.11 Estimated Capt A Value Each year the County Auditor will measure the amount of increase or decrease in the -total assessed value of Economic Development District No. 1 -2 to calculate the tax increment payable to the City of Maplewood. -In any year in which there is an increase in total assessed valuation in Economic Development District No. 1 -2 above the original assessed value, a tax increment will be payable. In any year in which the total assessed valuation in Economic Development District No. 1 -2 declines below the original assessed valuation, no assessed valuation will be captured and no tax increment will be payable. The County Auditor shall certify in each year after the date the original assessed value was certified, the amount the original assessed value has increased or decreased as a result of: 1. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; 3. change due to stipulations, adjustments, negotiated or court - ordered abatements. ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2 Upon completion of the development expected to occur within Economic Development District No. 1 -2 the City 41 estimates the assessed value of the Property within Economic Development District No. 1 -2 to be $1,903,363. The captured assessed value upon completion is expected to annually approximate $1,752,250. This amount will be captured for up to 8 years or until the Tax Increment Bonds are retired. The city requests 700 of the available increase in assessed value from Economic Development District No. 1 -2 for repayment of Tax Increment Bonds and current expenditures authorized by this Tax Increment Financing Plan (the balance of the increase being used to pay the fiscal disparaties contribution of Economic Development Distruct No. 1 -2,.). 3.12 Type of Tax Increment Financing District ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2 Pursuant to Section 469.174, Subd. 12 of the Act, the City finds that Economic Development District No. 1 -2 qualifies as an "economic development district ": 1. Economic Development District No. 1 -2 does not meet the requirements to qualify as either a housing or a redevelopment district. 2. The creation of Economic Development District No. 1 -2 is in the public interest because it will preserve and enhance the tax base of the City and it will result in increased employment within the City. 3.13 Duration of Tax Increment Financing Districts 42 ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2: The Act allows "economic development districts" to remain in existence for a period of 8 years:from the receiptP of the first tax increment or 10 years from the approval of the tax increment financing plan, whichever is less. Based on these limitations it is anticipated that Economic Development District No. 1 -2 will remain in effect until eight years from the receipt of the first tax increment. 3.14 Estimated Impact of Tax Increment Financing ECONOMIC DEVELOPMENT DISTRICT N0. -2 The estimated impact of Economic Development District No. 1 -1 on the other taxing jurisdictions within Economic Development District No. 1 -2 is set forth on Table V. 3.15 Cash Flow Analysis See Table VI. 43 TABLE V ECONOMIC DEVELOPMENT DISTRICT NO, 1 -2 ECONOMIC DEVELOPMENT DISTRICT IMPACT ON TA BASE: 1 Other taxing jurisdictions include: Metro Council, Regional Transit Commission, Mosquito Control District, County Library District and Metro Watershed Area District as Percent of Jurisdiction 0580% 6929% 6400% Original District as Future Assessed Percent of Assessed Jurisdiction Tax Base Value Jurisdiction Value County of Ramsey 3,283,594,890 151,113 0046%1,903,363 City of Maplewood 274,691,365 151,113 0550%1,903,363 School District No.622 297,420,326 151,113 0508%1,903,363 ECONOMIC DEVELOPMENT DISTRICT IMPACT ON MILL RATES: Jurisdiction Current Mill Rate Potential Taxes Genera County of Ramsey 32.225 61,336 City of Maplewood 18.387 34,997 Other (1)6.843 13,025 School District No.622 59.110 112,508 1 Other taxing jurisdictions include: Metro Council, Regional Transit Commission, Mosquito Control District, County Library District and Metro Watershed Area District as Percent of Jurisdiction 0580% 6929% 6400% TAX 1 NLHLMLN 1 LHSH t L_UW 5Url1'IHrl Y r%t#- Urt I TABLE VI CITY OF MAPLEWOOD, MINNESOTA MAIN STREET STORE PROJECT REVENUES ------------ - - - - -I I----- - - - - -- EXPENSES ------ - - - - -I 560 496 405 00O 0 0 329, 250 25, 000 576, 54 5 YEAREND LOWEST TAX BOND INVESTMENT PROJECT DEBT ANNUAL CUM.CUM. YEAR INCREMENT PROCEEDS INCOME OTHER COSTS OTHER SERVICE BALANCE BALANCE BALANCE 1988 0 405, O00 0 329, 250 25, O00 14, 204 36,p546 36,36, 5x4619890cjcjcj0ci24935024, 3 Jc i)129196 1 2, 19619907100024.46 813(.)59.21199170,896 63, 3oo 7 66,6199270,562 0 O 66 30 7 732 )35 940 101993700i)63, 493 6 429842 16199469O65,4 47, 169 19199569956200Vcjcj626, 994 54, 163 C.4998719966900C)0 64, 505 4.59, 053 28 3391997681 ,894 0 cj c7 cj cj 65, 88o 3 62, 234 2199800061,980 27,34, 7c :P 1 34,p701 560 496 405 00O 0 0 329, 250 25, 000 576, 54 5 1 HX tit., t I HSt3ulvlH• 1 I uollb 1 n Y rrtt-lu rl I CITY OF MAPLEWOOD, MINNESOTA MAIN STREET STORE PROJECT ASSESSED VALUE 000)TAX AVERAGE ANNUAL LEVY COLL.MILL I NC,RMT INVEST.GROWTH RATE YEAR YEAR TOTAL.BASE RATE AVAIL.RATE OF ASSESSED VALUE 1987 1988 135 135 119, 210 700 00 0 c_)()(_)EASE = 2w 5O 1988 1989 138 138 1 19. 2lco Ito. oo 010000 1989 1990 995 141 1 19. '210 700 00 i 0 ()0(- - )TOTAL = 0 1990 1991 995 145 119.210 70. 00 c_i, 000 199.1 1992 995 149 119. `1 7os' 00 U. 0oo 1992 1993 995 153 119o210 700 oO 01 000 1993 1994 995 157 1 19. 210 700 00 0 000 1994 1995 995 161 119.210 70e OO 011000 1995 1996 995 165 1 19. `10 70, 00 00 000 1996 1997 995 169 119. `l to 70. taco ca, 000 NCHEMENT 8UND ISSUE 8Ul"(li'ylHH*Y REPUR I I CITY OF MAPLEWOOD, MINNESOTA MAIN STREET STORE PROJECT 405,000 INTEREST START DATE FIRST INTEREST DATE BOND YEARS AVERAGE LIFE AVERAGE COUPON 171,545 576,545 Jan-88 Au 2, 788. 750 6.886 YRS. 6s 151 % BONDS ------------------I PRINCIPAL RATE INTEREST PRINCIPAL DEBT SERVICE YEAR PAYMENTS PAYMENTS INTEREs-r COVERAGE RATIO 1988 0 5,250 14,14 204 Cap Int 1989 5,9250 24-24,350 Cap Int 1990 0 5w250 24.24,Cap Int 1991 40 54250 23 63,300 112,53 1992 45,5. 500 21, 013 66,107,40 1993 45 5,700 18 63 111*13 50,000 59 9-00 15,65,735 106 .8 411994 1995 50 61100 12 62,111,41 1996 55, 000 6. 200 9 64 107.84 1997 60 6.400 5, 88()65,880 105908 1998 60 000 6. 600 1, 98c)61. 980 111,16 405,000 INTEREST START DATE FIRST INTEREST DATE BOND YEARS AVERAGE LIFE AVERAGE COUPON 171,545 576,545 Jan-88 Au 2, 788. 750 6.886 YRS. 6s 151 % TABLE VI CITY OF MAPLNOOD, MINNESOTA MAPLEWOOD MALL ADDITION PROJECT TAX INCREMENT CASH FLOW SUMMARY REPORT REVENUES ---- - - - - -I l----- - - - - -- EXPENSES ----- - - - - -- e 594,446 4 4(), t:)()Q 59, 750 209 YEAR END LOWEST TAX BOND INVESTMENT PROJECT DEBT ANNUAL CUM.CUM. YEAR INCREMENT PROCEEDS INCOME OTHER COSTS OTHER SERVICE BALANCE BALANCE BALANCE 1988 0 440,000 0 0 359.25, 000 15,454 39,39,796 39,796 1989 U 0 0 26 26, 492)13 13,304 1990 749426 0 0 0 26,492 47,934 61,238 58 1991 T4 , 410 cj c i cj cj c j 709 311 4 65, 337 2 1992 74,360 C)67,30, 713)34, 62 4 8, 27.. 19'33 7 4 , 3 2 6 cj c i cj cj cj 70,231 4 38,736 109976 1994 74 ,280 0 0 V 7, 331 6 45 16 19 74 , 242 0 cj 69,1713 5 ()83 50, 791 19, •'2tj 1996 74 C t :t c:701 640 3, 602 54,393 21 1997 74 160 o 71 , 7oo 5cj 1 56,894 22 1998 U 72 310 35, 230)21,664 21, 594,446 4 4(), t:)()Q 59, 750 209 TAX INCREMENT BOND ISSUE SUMMARY REPORT BONDS CITY OF MAPLEWOOD MINNESOTA MAPLEWOOD MALL ADDITION PROJECT PRINCIPAL RATE INTEREST PRINCIPAL DEBT SERVICE YEAR PAYMENTS PAYMENTS INTEREST COVERAGE RATIO 1988 c i 5o250 15,454 15 Cap Int 1989 0 5o250 26,,492 26,492 Cap Int 1990 5.. 250 26 26 Cap Int 1991 45,000 5o250 25 70,311 105,85 1992 45,000 5,500 22 67,109,60 1993 50, 000 5. 700 20,70 105.88 1994 50 5,900 17 67 110o38 1995 55 000 6, 100 14,178 69 107o38 1996-609 6.,20o 10 70,640 105o10 1997 G5, 0 6, 400 6,71. 70(.-)103.55 1998 7o 60600 2 72 102.56 4 40 f) 0 C-)188, 032 628, INTEREST START DATE Jars- -88 FIRST INTEREs-r DATE AL[ BOND YEARS 31051e667 AVERAGE LIFE 6,936 YRS. AVERAGE COUPON 6w162 Lill-: !11 1 CITY. OF MAPLEWOOD MINNESOTA MAPLEWOOD MALL ADDITION PROJECT TAX INCREMENT ASSUMPTIONS SUMMARY REPORT ASSESSED VALUE 000)TAX AVERAGE ANNUAL LEVY COLL MILL INCRMT INVEST.GROWTH RATE YEAR YEAR TOTAL BASE RATE AVAIL.RATE OF ASSESSED VALUE 1987 1986 16 16 119o210 70w 00 00 000 BASE = 2w50 1988 1989 16 16 1190210 70, 00 0,9 1989 1990 909 17 119o210 70, 00 00 000 TOTAL = 0,v 00 1990 1991 909 17 119s210 70., 00 00000 1991 1992 909 18 119*210 70a 00 00 000 1992 1993 909 18 119,210 70,00 01000 1993 1994 909 19 119o210 70o 00 01 000 1994 1995 909 19 119.210 70.00 0.000 1995 1996 909 19 119, 210 70, 00 1996 1997 9079 21 119,210 70* 00 0()o 3.16 Use of Tax Increment The City hereby determines that it will use 1000 of the captured assessed value of taxable property located in Economic Development District No. 1 -2. The tax increments derived from Economic Development District No. 1 -2, shall be used for the following activities: 1. To pay principal and interest on the Tax Increment Bonds, 2. To finance or otherwise pay the capital and administrative costs of Development District No. 1. 3. To finance or otherwise pay premiums for insurance or other_ security guaranteeing the payment when due of principal and' interest on bonds issued pursuant to Minnesota Statutes, Chapters, 462C, 469, or both. 4. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the bonds issued pursuant to Minnesota Statutes, Chapters 462C, 469, or both. 5. To finance project costs described in this Tax Increment Financing Plan. 6. To finance, other purposes as may be allowed by the Act. These revenues shall not be used to circumvent levy limitations applicable to the City nor for other purposes prohibited by Section 469.176, 8ubd._4.of the Act. 44 3.17 Prior Planned Improvements The City shall, after due and diligent search, accompany ts request for certification to the County Auditor p an y re q or its notice of district enlargement with a listing of all properties wthin Economic Development District No. 1 -2, for which buildin g permits have been issued during the eighteen 18) months immediately preceding approval of the Tax Increment Financing Plan by the City. The County Auditor shall increase the original assessed value of Economic Development District No. 1 -2, by the assessed value of the improvements for which the building permit was issued, excluding the assessed value of improvements for which a building permit was issued during the three (3) month period immediately preceding said approval of the Tax Increment Financing Plan as certified by the assessor. 3.18 Limitation on Qualification of Ta I Development on a parcel located within the Economic Development District No. 1 -2 by the City or by the owner of the parcel in accordance with this Tax Increment Financing Plan shall occur within four (4) years of the date of certification of the original assessed value. For the purposes of this section the term "devel-opment" shall. mean including demolition, rehabilitation, or renovation of property, or other site preparation, including improvement of 45 a street adjacent to the parcel. Development shall. not include the installation of utility service including sewer and water systems. If development has not commenced within thisP eriod no additional increment shall be taken from that P gparcelandtheoriginal assessed value of that parcel shall be excluded from the original assessed value of Economic Development District No. 1 -2. If the City or the owner of the parcel subsequently commences development, the City shall certify the assessed value thereof as most recently certified by the Commissioner of Revenue and add it to the original assessed value of Economic Development District No. 1 -2. 3.19 Modifications of Tax Incremen _Financing Districts . In accordance with Minnesota Statutes, Section 469.175 Subd. 4 any reduction or enlargement of the geographic area of Development District No. 1 or Tax Increment Financin g Districts within Development District No. 1, increase in amount of bonded indebtedness to be incurred, capitalize interest on debt if a determination or caincluding P that determination was not a part of the original tax increment financing plan, or to increase or decrease the amount of interesterest on the, debt to be capitalized, increase in the portion of the captured assessed va _l. ue to be retained by the City, increase in total estimated tax increment expenditures or designation of additional property to be 46 acquired by the authority shall be approved upon the notice and after the discussion, Ppublic hearing and findings required for approval of the original plan. The geographic area of a Tax Increment Financing District may be reduced, but shall not be enlarged after five years following the date of certification of the original assessed value by the county auditor. Economic Development District No. 1 -2 may therefore be expanded until 1992. 3.20 Limitation on Administrative Expenses In accordance with Minnesota Statutes, Section 469.174, Subd. 14 and Minnesota Statutes, Section 469.176, Subd. 3, administrative expenses means all expenditures of an authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the district, relocation benefits paid to or services provided for persons residing or businesses located in the district or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to Section 469.178. Administrative expenses includes amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. No tax increment shall be used to pay any administrative 47 expenses for a project which exceed ten percent of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less. 3.21 Limitation on.Duration of Tax Increment Financing Districts Pursuant to Minnesota Statutes, Section 469.176, Subd. 1, "no tax increment shall be paid to an authority three years from the date of certification by the. County Auditor - unless within the three -year period (1). bonds have been issued pursuant to Section 469.178 or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to Sections 469.152 through 469.165, prior to the effective date of the Act; or (2) the authority has acquired property within the district; or (3) the authority has constructed or caused to be constructed public improvemewnts within the district...." The City must therefore issue bonds, or acquire property, or construct or cause public improvements to be constructed by 1988 or the County Auditor may dissolve the applicable Tax Increment Financing District. 3022 Limita on Qualification o Propert in Tax Increment Finan i.n District No _ to I mp r o t Pursuant to Minnesota Statutes, Section 469.176, Subd. 6, "if, after four years from the date of certification of the original assessed value of the tax increment financing 48 district..., no demolition, rehabilitation or renovation parcel or other site preparation including improvement of a street adjacent to a property but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original assessed value of that parcel shall be excluded from the original assessed value of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including improvement of a street adjacent t.o that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor in the annual disclosure report that the activity has commenced. The county.a,udi.tor shall certify the assessed value thereof as most recently certified by the commissioner of revenue and add it to the original assessed value of the tax increment financing district. 3.23 Excess T Increme Pursuant to Minnesota Statutes, Section 469.176, Subd. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment plan, including the amount necessary to cancel any tax levy as provided in Minnesota Statutes, Section 475.61, Subdivision 3, the City shall use the excess amount to: 1, prepay the outstanding bonds; 2. discharge the pledge of tax increment therefore; 3. pay into an escrow account dedicated to the payment of such bond; 4. repay any loans including interest on these loans; or 5. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their mill rate. In addition, t-he City. may choose to modify the financing plan as described in Part II, 2.18, in order to provide further public improvements within the development district. 3.24 Administration of Tax Increment Financing_ Districts. Administration of Economic Development District No. 1 -2 will be handled by the Office of the City Manager. The tax increment received as a result of increases in the assessed value of Economic Development District No. 1 -2 will be maintained in a special account separate from all other municipal accounts and expended only upon sanctioned municipal activities identified in the Tax Increment Finance Plan. 50 3.25 Annual Disclosure Requirements Pursuant to Minnesota Statutes, Section 469.175, Subd. 5, the City must.file with the State Auditor on or before July 1, an annual financial report for all Tax Increment Financing Districts. The report shall also be filed with the school board and county board. The report shall as nearly as possible: 1. Provide for full disclosure of the sources and uses of public funds in each Tax Increment Financing District; 2. Permit comparison and reconciliation with the City's accounts and financial_ reports; 3. Permit auditing of the funds expended on behalf of each Tax Increment Financing District, including a single Tax Increment Financing District that is part of a y multidistrict project or that is funded in part or whole through the use of a development account funded with tax increments from other Tax Increment Financing Districts. or with other public money; and 4. Be consistent with generally accepted accounting principles. In addition, the report shall contain the following information: 51 1. The original assessed value of the Tax Increment Financing District; 2. The captured assessed value of the Tax Increment Financin g District, including the amount of any captured assessed value shared other tax districts; 3. The outstanding principal amount of bonds issued or other loans incurred to finance project costs in the Tax Increment Financing District; 4. For the reporting period and for the duration of the.Tax Increment Financing District, the amount budgeted under the Tax Increment Financing Plan, and the actual amount expended for, at least, the following categories : A. Acquisition of land and buildings through condemnation or purchase; B. Site improvements or preparation costs; C. Installation of public utilities or other public improvements; and D. Administrative costs, including the allocated cost of the City; 5. For properties sold to developers, the total cost of the property to the City and the price paid by the developer; 69 The amount of tax exempt obligations, other than those reported under clause (3), that were issued on 52 behalf of private entities for facilities located in the Tax Increment Financing District. 53 VI tvldPieW .. „ 1 § F = o a N K ` g rte un 1jNOWN•r wv :. eSL MPw//! K/6Mf w lt4tM0 8 r.M.h .r wa.mmir .......... mow .r.w r11111V ... .... erg Oft" M AMAo w fs+wll.. MIw" • . ( s - '_ so"* MM AWE ROOM i i —!4000 El sortU "NOW Baum S . • 6 to mar Ott" w • I f 1920 Of To a apt elk t t A\ 1440 Mf1IIUL _ IK A .i • w C 0 I 8 $ —1440cMti4oK a r —00011 r to 10 to s —'--- TlON w Exhibit A OIL -- • 4400 OIL — i a 4400 13 1 00 -- 00 It 14 140 10 Is 0 WIL ---.— 4401 Tt01 • 11 w 4401 _ 9603 1t 1 1• am s r 1 040! ----• rr ~ f 1440 s 1 1 t0 ! !0 too srisrw q Exhibit B Zantigo: The easterly 145 feet of that part of Lot 1, Block 3, Viking Development Addition, according to the recorded plat thereof which lies easterly of a line described as follows: Commencing at the southeast corner of on an assumed bearing of West, along said Lot 1, a distance of 285.00 feet the line to be described; thence on a distance of 236.91 feet, to the north and said line there terminating.. Maple Ridge Square: said Lot 1; thence the south line of to the beginning of bearing of North a line of said Lot 1 That part of Lot 2, Block 1, Maple Ridge Mall, accordingtotherecordedplatthereof, lying east of the West line of the Northeast Quarter (1/4) of the Northwest Quarter 1/4) of Section 11, Township 29, Range 22 and lyingsouthoftheNorthlineoftheSouthfour (4) acres of the west Half (1/2) of the North Half (1/2) of the East Half (1/2) of the Northwest Quarter (1/4) of Section 11, Township 29, Range 22 (torrens property); together with that part of Lot 2, Block 1, Maple Ridge Mall, according to the recorded plat thereof, lying soughoftheSouthlineofLot1ofsaidBlock _l_ and the westerly extension thereof except that part of said Lot 2 lying east of the Nest Line of the Northeast QuarterIt ( 1/4) of the Northwest Quarter (1/4 ) of Section 11, Township 29, Range 22 and lying south of the North line of the South four ( 4 ) acres of the West Half (1/2) of the North Half (1/2) of the East Half. (1/2) of the Northwest Quarter (1/4) of Section 11, Township 29, Range 22 abstract property); together with that part of Lots 3 and 4, Block 1, MapleRidgeMall, according to the recorded plat thereof -lyingwestoftheWestlineoftheNorthwestQuarter (1/4) of the Southeast Quarter (1/4) of the Northwest Quarter 1/4) of Section.11, Township 29, Range 22 (torrens property); together with that part of Lots 3 and 4, Block 1, MapleRidgeMall, according to the recorded plat thereof lying east of the West line of the Northwest Quarter (1/4) of the Southeast Quarter (1/4) of the Northwest Quarter 1/4) of Section ll, Township 29, Range 22 (abstract property). Exhibit C Maple Ridge Apartments - County Road D: That part of the w 1/2 of the E 1/2 of the SE 1/4 lying south of the right -of -way of U.S. Highway No. 694, all in Section 34, Township 30, Range 22, Ramsey County, Minnesota containing approximately 5.06 acres. Exhibit D Maple Ridge Estates Apartments - Stillwater Road and Stillwater Avenue: Beginning on the East line of the Northwest Quarter of the Southwest Quarter of Section 25, Township 29, Range 22, at a point in the center of the Stillwater Road, which is 227 feet South of the Northeast corner of said Northwest Quarter of the Southwest Quarter; thence South along the Easterly line of the Northwest Quarter of the Southwest Quarter to the Southeast corner of said Northwest Quarter of the Southwest.Quarter; thence Westerly along the southerly line of the Northwest Quarter of the Southwest Quarter to the Southwest corner of the Northwest Quarter of the Southwest Quarter; thence Northerly along the Westerly .Line of the Northwest Quarter of the Southwest Quarter to the centerline of Stillwater Road; thence Easterly along the centerline of Stillwater Road to the point of beginning; except therefrom the following: That part taken for Registered Land Survey No. 21 and also except part taken for Registered Land Survey No. 137, and also except that part lying Southeasterly of State Highway No. 212, and also except that part thereof described as follows: Commencing at the intersection of the South-right-of-way line of Stillwater Avenue, a /k /a Stillwater Road Connection, and the west right-of-way line of State Highway No. 212; thence westward along the south right -of -way of Stillwater Avenue a distance of 50 feet; thence Southeasterly to a point on the west right -of -way line of State Highway No. 212, which point is 50 feet Southwest of the point of beginning; thence Northeasterly to the point of beginning. Subject to all easements of record. EXHIBIT E Main Street Store - Maplewood Mall That part of Lot 5, Block 1, Maplewood Mall Addition, Ramsey County, Minnesota, described as follows: Commencing at the northeast corner of Lot 7, Block 1, Maplewood Mall Addition; thence on an assumed bearing of S 3 degrees 32' 27" W. along the easterly line of said Lot 7, a distance of 258.25 feet, thence on a bearing of East, 44.08 feet to the actual point of beginning; thence N 3 degrees 32 27" E., 282.72 feet; thence on a tangential curve to the right for a distance of 304.55 feet, radius of said curve is 654.67 feet; thence on a bearing of East, not tangent to last described curve, 220.00 feet; thence on a bearing of South, 27.94 feet; thence on a bearing of East, 64.97 feet; thence on a bearing of South, 543.50 feet; thence on a bearing of West, 390.00 feet to the actual point of beginning. Subject to easements, if any. Mall Addition - Maplewood Mall That portion of Lot 5, Block 1, Maplewood Mall Addition on which the Mall Addition will be constructed. A separate legal description for the Mall Addition will be established. Action by Council: MEMORANDUM Endorsed Modif .e TO: City' Manager Date FROM: Associate Planner -- Johnson ,. SUBJECT: Flood Insurance Rate Ma Amendmet and VarianceLOCATION: Keller Parkway, North of Count Road C Cynthia KathAPPLICANT: Y OWNER: R. D. and J.-D. Investment CompanyPYDATE: August 12, 1987 SUMMARY Introduction The applicant is requesting a rezoning to revise the city's floodinsuranceratemap Y p (pages 9 and 10) and a shoreline setback variancetoconstructasingledwellingonanexistingarceladjoining g KohlmanLake. The shoreland ordinance requires a setback of 75 feet. Thehousecanonlybesetback50feetbecauseofinsufficientlotdepth.See the site plan on page 7.) Background The applicant has received approval from the Corps of E 'P nglneers, theDepartmentofNaturalResourcesandtheWatershedDistricttofillaportionofthispropertytocreateabuildingpad. Discussion Flood Insurance Rate Map Amendment: The elevation of the proposed building site would be raised to theestablishedfloodprotectionelevationforthisareaOncethegradingiscompleted, the Department of Natural Resources will requesttheFederalEmergencyManagementAgency (FEMA to issue "flood. hazard a letter ofrdmapcorrection" to the property owner. Flood hazard*areas may be filled, provided.the fill will not obstruct flood flowsTheWatershedDistricthasmadethisfinding,g Setback Variance This variance meets all the criteria for a ca PP rothatthepropertynnotbe.built on without a and intent of the ordinance would be met since complied with as much as possible the setback character with adjacent homes, and there would feet of the shoreline. Recommendation val. The hardship is variance. The spirit the setback is being would not be out -of- be no grading within 40 10 Approve the resolution on page 11 to revise the Flood Hazard Overlay District Map to change the building site and a 15 -foot buffer strip around the building from Zone A to Zone C. Zone A is within the 100 -year flood plain, and Zone C is outside of the flood plain. (Atleastfourvotesinfavorarerequiredforapproval.) 2. Approve the resolution on page 13 to approve a 25 -foot setback variance to allow a dwelling to be located 50 feet, rather than 75 feet, from the ordinary high water mark (OHWM) for Kohlman Lake on the basis that, a. Strict enforcement of the zoning code would cause undue hardship because of circumstances unique to the individual property under consideration, because: 1) The property cannot be put to a reasonable use under the conditions allowed by the official controls because the property is too narrow to permit compliance. 2) The plight of the landowner is due to circumstances unique to their property, not created by the landowner. This property was created before a building setback was required from the lakeshore. b. The* variance would be in keeping with the spirit and intent of the ordinance. If approved, the variance would not alter the essential character of the locality because: 1) Eight existing dwellings are located less than 75 feet from the Kohlman Lake OHWM-- three of which have similar setbacks to that proposed. 2 ) This is the last lot of record on this. lake that cannot be put to a reasonable use if this setback requirement were to be strictly enforced. 3) The vegetation located along the shoreline and on the northerly two- thirds of this property would not be disturbed during construction. REFERENCE Site Description Gross lot area: 2.73 acres (118,800 square feet) Area above the ordinary high water mark (OHWM): 37,8OO+ square feet Refer to the Planning Section for the definition of - OHWM.) Shoreline: At the OHWM, this site has about 700+ feet of shoreline Existing land use: undeveloped Prominent vegetation: numerous hardwood trees with at least six inches of trunk diameter. Refer to the grading plan on page 7 . 2 Surrounding Land Uses North: A single dwelling East and South: Kohlman Lake West: Keller Parkway. Across the street is Gervais Lake, Planning 1. Zoning R -1, single dwelling 2. Compliance with land use laws: Section 462.357, Subdivision 6 requires that the following findings be made before a zonin g variance can be granted: as Strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship as used in connection with the granting of a variance means the property in question cannot beputtoareasonableuseifusedunderconditionsallowedbtheofficialcontrols, the plight of the la Y 9 landowner i s due tocircumstancesuniquetohispropertynotcreatedbthelandowner, and the variance if Y granted, will not alter the essential character of the locality. Economic considerationsaloneshallnotconstituteanunduehardshipifreasonableuseforthepropertyexistsunderthetermsoftheordinance. b. The variance would be in keeping the spirit and intentpt ofthe_ ordinance 3. Section 36 -566 (c) (2) (b) of the Shoreland Ordinance requiresqressingledwellingstobesetbackatleast75feetfromtheKohlman Lakeordinaryhighwatermark (OHWM) . 4. Section 36 -564 defines OHWM as "A mark delineating he highestighestwaterlevelwhichhasbeenmaintainedforasufficienteriodoftimetoleaveevidenceuponthelandscape P e P pe. The ordinary high water mark iscommonlythatpointwherethenatural The changes from predominantly terrestrial."Predominantly aquatic to redomina g The Department of Natural Resources has established the 859.5 contourelevationastheOHWMforKohlmanLake. (Refer to the mapsand7.)p on pages 6 5. Section 36- 497(a) of the Flood Plain Ordinance states: The FloodInsuranceRateMapforthecity, dated August 5, 1986, developed b Management A P ytheFederalEmergencygAgency, is hereby adopted byreferenceastheOfficialFloodPlainZoningDistrictMaand made apartofthisordinance (zoning cod P g e) . 6. Section 36 -505 states "all amendments (to the flood plain)ordinance, including revisions to the Official Flood Plain ZoningDistrictMapshallbesubmittedtoandapprovedbthecommissionerPPymissioner of natural resources prior to adoption. The flood plain designation on K the Official Flood Plain Zoning District Map shall not be removedunlesstheareaisfilledtoanelevationatorabovetheregulatoryfloodprotectionelevationandiscont' •g Y inguous to lands outside of thefloodplain. Comment: The building site is _ro osed to be filledPP to comply withthefirstfloorfloodprotectionelevationof864.6 feet. The applicant's grading plan (page 7 ) is acceptable to theP Watershed District and the U.S. Army Corps of Engineers.. The Department of Natural Resources will accept it, provided the ground elevation within 15 feet of the structure is increased to an elevation of at least 863.6 feet. ( See Public Works co . ) Public Works 10 The 100 -year flood plain for Kohlman Lake includes property belowthe863.6 contour elevation. 2. The regulatory flood protection elevation is defined as an elevation of not less than one foot above the 100 -year flood P lain.In the case of this property, the lowest floor must have an elevationofnotlessthan864.6 feet. Section 36-499(b)(4) also requires thefinishedfillelevationtobenolowerthanonefootbelowthe regulatory flood protection elevation extending 15 feet beyond thelimitsofthestructure. 3. Sanitary sewer is available. j 1 Attachments 1. Location Map 2. Property Line /Zoning Map 3. Proposed Site Plan 4. Letter of Justification 5. Flood Insurance Rate Map (present) 69 .Flood Insurance Rate Map (proposed) 7. Resolution (Flood Hazard Map) 8. Resolution (Variance) 4 ary OF xjr I C afl-MO N T R a f . boo 7-J AVE L , L 11E BE C2- llv_ Mow a 4r 49 jcSfE AVE I R aE C Ris F yam LOCATION MAP Attachment 1 r7j;_60) (MIDBIUJ gs MCI I 1 12.0" t00% la06,67%,% ylqw !NI 40 7-blihe it 04 la P) 11. 5 30 24) 'r L OV 2-7) 0-) f.f7.a w 561) J CAV Rpmao" clovNVYY . .. . I I ., . #1HrCOUNTYDITCH *7 POND e • \ 2 17) I. 64- GOVT. LOT 1 7 #3, RAM3E-1 C-14ry 37) 4 At. ob f3 #4 t a 10 61AA 5 46 Approximate Location of Ordinar 4 Hi Water Mark (OHWM) 0 q0 (44 A0V LOT r0_5 Proposed buildin site 1 1#7 #8 A I AWNWI %NNW :00eAL- MM"M1MMW-MMm MENU nommunion MENNEN a a 0 ='aCXV mimus Nam MMMW*A 64 sz 0a. 600 R I M 5 • IZ0UN1 1 ----- ROAD"'" C Dwellin with less than 75 feet of setback to the OHWM• See dwellin numbers above.) 1 — 60±' #3 —. 50±' #5 — 60 ±.' #7 — 50±' 2 — 55±' #4 — 65±' #6 — 60±1 #8 — 50±' PROPERTY LINE /ZONING MAP 6 Attachment 2 G.. ( `sir • • / IZ.• / / i 4. 100 4L f - / • o / fop A D4 7NP b 2 n 1 ate. • ; av' 0 '010 s lo Ir.' , -`' c '' flu LO t . .• / % 1. Q O V r • Flood Protection Elevation 864.6 feet PROPOSED SITE PLAN 75 —foot building setback l i n e from the ordinary high water elevation 7 Attachment 3 s .,.,.... .. ..? .. _, iY` 7•'.1SR: ?'..T a ar••ss .a -ra_+ti . r s..r April 14, 1987 Cynthia Kath 610 Capitol Boulevard Saint Paul, Minnesota 55103 Appeals Application City of Maplewood 1830 tast County Road B Maplewood, Minnesota 55109 To Whom it May Concern; This letter is in request for a zoning code variance, reguarding lakeshore - setback. I am designing a home for the property legally described; Lot 6, Kohlman Division, Maplewood, Minnesota. This property is located on Kohlman Lake. I am in need of this variance because without it, there is no other way to use this property. I would like to note that the setback of 50 feet is not out of character with the other homes on Lake Kohlman. 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WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances, 2. This rezoning was reviewed by the Maplewood PlanningCommissiononAugust17, 1987. The planning commission recommended to the city council that said rezoning be 3. The Maplewood City Council held a public hearing on 1987 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearin g were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of th.e c Y 0 staf f and planning commission. NOW,. THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the followingfindingsoffact: 1. The proposed change is consistent with the spirit, purposeandintentofthezoningcode. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. Attachment 7 4, The proposed change would have no negative effect upon the logical, efficient, and, economical extension of public services . and facilities, such as public water, sewers, police and fire P rotection and schools. 5. The proposed filling within the.100 -year flood plain of Kohlman Lake will not obstruct flood flows. Adopted this day of , 1987* Seconded by Ayes- - STATE OF MINNESOTA } COUNTY OF RAMSEY } SS* CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and appointed clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood held on the day f 1987 with the original y on filele in my office., and the same is a full, true and complete transcript therefrom insofar as the same relates to this rezoning to amend the city's flood insurance rate map.. Witness my hand as such clerk and the corporate seal of the citythisdayof , 1987 City Clerk City of Maplewood, 12 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the day of 1987 at 7 p.m. The following . members. were present: The following members were absent: WHEREAS, Cynthia Kath applied for a setback variance for the following- described property: Lot Six, Kohlman Division, except the northeasterly triangular part measuring 25 feet on the east line and 208.15 feet on the north line. WHEREAS, section 36 -566 (c) (2) (b) of the Maplewood Code of Ordinances requires a minimum building setback of 75 feet from the Kohlman Lake ordinary high water mark; WHEREAS, the applicant is proposing 50 feet of setback, requiring a. variance of 25 feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on April 23, 19879 2. This variance was reviewed by the Maplewood PlanningCommissiononAugust17, 1987. The planning commission recommended to the city council that said variance be 3. The Maplewood City Council held a public hearing on 1987, to consider this variance. Notice thereof was P ublished and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW,. THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described variance be approved on the basis of the following findings of fact: 1. Strict enforcement of the zoning code would cause undue hardship because of circumstances unique to the individual ro ertPP Yunderconsideration, because: a. The property cannot be put to a reasonable use under the conditions allowed by the official controls because the property is too narrow to permit compliance. 13 Attachment 8 b. The plight of the landowner.is due to circumstances uniq to their property, not created by the landowner. This property was created before a building setback was , required from the lakeshore. 2. The variance would be in keeping with the spirit and intent of the ordinance. If approved, the variance would not alter the essential character of the locality because: a. Eight existing dwellings are located less than 75 feet from the Kohlman Lake OHWM- -three of which have similar setbacks to that proposed. b. This is the last lot of record on this lake that cannot be put to a reasonable use if this setback requirement were to be strictly enforced, c. The vegetation located along the shoreline and on the northerly two - thirds of this property would not be disturbed during construction. Adopted this day of , 1987* Seconded by Ayes- - STATE OF MINNESOTA ) COUNTY OF RAMS EY S S . CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the day of 1987, with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to shoreline setback variance. Witness my hand as such clerk and the corporate seal of the citythisdayof , 1987. City Clerk City of Maplewood 14 Page 3 Planning Commission minutes 8 -17 -87 Commissioner Rossbach seconde Ayes -- Barrett, Cardinal Fiol a, her, Larson, Rossbach C. Floodplain Map Amendment and Variance: Keller Parkway (Kath) Commissioner Cardinal moved: 1. Approval of the resolution to revise the Flood Hazard OverlaDistrictMap-to change the building site and a 15 -foot. buffer striparoundthebuildingfromZoneAtoZoneC. Zone A is within the 100 -year flood plain, and Zone C is outside of the f 1 ood P t a i n.At least four votes in favor are required for approval.)P ) 2. Approval of the resolution to approve a 25 -foot setback variance to allow a dwelling. to be located 50 feet, rather than 75 feet, fromtheordinaryhighwatermark (OHWM) for Kohlman Lake, on the basis that: a. Strict enforcement of the zoning code would cause undue hardship because of circumstances unique to the individual property under consideration, because: 1) The property cannot be put to a reasonable use under the conditions allowed by the official controls because the property is too narrow to permit compliance. 2) The plight of the landowner is due to circumstances unique to their property, not created by the landowner. This property was created before a building setback was required from the Lakeshore. b. The variance would be in keeping with the spirit and. intent of the ordinance. If approved, the variance would not alter the essential character of the locality because: 1) Eight existing dwellings are located less than 75 feet from the Kohlman Lake OHWM- -three of which have similar setbacks to that proposed. 2) This is the last lot of record on this lake that cannot be put to a reasonable use if this setback requirement were to be strictly enforced. 3) The vegetation located along the shoreline and on the northerly two - thirds of this property would not be disturbed during construction. Commissioner Larson seconded Ayes.-Barrett, Cardinal, Y d nal, Fiola. Fischer, Larson, Rossbach ORDINANCE NO. Actlon by Council:, AN ORDINANCE FOR NOISE CONTROL Endorsed' Modified „ THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Rejected.„,„, Date Section 1. Section 19 -48 is added as follows: A. Section 19 -48. Noises Prohibited. General prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose; health, peace, safety, or welfare of any person or precludes their enjoyment of property .or affects their property's value. This prohibition does not apply to any City sponsored or authorized event or activity. This general prohibition is. not limited by the specific restriction of the following subdivision. B. Horns, audible signaling devices, etc. No person shall sound any audible signaling device on any vehicle except as a warning of danger. (M. S. §169.68). C. Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations. D. Defective vehicles or loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, .or other noise. E. Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, unloading, or unpacking any vehicle. F. Radios, phonographs, paging systems, etc. No person shall use or I operate or permit the use or operation of any radio receiving set, muscial instrument, phonograph, paging system, machine, or other device for the production or reproduction of sound in a distinct and loudly audible manner as to disturb the peace, quiet, and comfort of any person nearby. Operation of any such set instrument, phonograph, machine, or other device. between the hours of 7:00 p.m. and 7:00 a.m. in such a manner as to be Plainly audible at the property line of the structure or. building in which it is located, in the hallway or apartment adjacent,' or at a .distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. G. Participation in noisy parties or ' gatherings. No person shall participate in any party or other gathering of people giving rise to noise, distrubing the peace, quiet, or repose of another person. When a police officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. H. Loudspeakers, amplifiers for advertising, etc. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of - commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. I. Animals. No person shall keep any animal that disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise. J. Schools, churches, hospitals, etc. No person shall create any excessive noise on a street, alley, or public grounds adjacent to .any school, institution of learning, church or hospital when the noise unreasonably interferes with the working of the institution or distrubs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. Section 2. Section 19- Domestic power equipment. No person shall operate chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power maintenance equipment except between the hours of 7:00 a.m.. and 7: 0 0 p. m. on any weekday or between the hours of - 9: 0 0 a. m. and - fr: 4{-- 7:00 p.m on any weekend or holiday. Snow removal equipment is exempt from this provision. Section 3. Section 19 -50. Refuse hauling. o --pars t- -s --ce e - -err - merve 0-9- between 4- aol No collections of garbage or rubbish shall be made except between the hours of 6:00 a.m. and 6:00 p. m. on Monday through Saturday. Section 4. Section 19 -51. Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas - powered machine or other power equipment except between the hours of 7:00 a.m. and 7:00 p.m. on any weekday, or between the hours of 9:00 a.m. and 6:00 p. m. on a Saturdays o -- a --Sy- -ate - The above construction activities shall be allowed on a Sunday or holiday only with a permit issued by the City Clerk after complying with requirements and fees set by the City Council, Section 4a. Section 19 -51 a. Application; fee duration. a) Any person desiring a permit to engage or permit construction activities involving the use of any kind of electric, diesel, or gas - powered machine or other power equipment on a Sunday or holiday in the City shall make application for the same to the Clerk upon a form prescribed by the City Council. The application shall set forth: I. The name and address of the applicant; 2. A list of , the equipment which the applicant proposes to use in such construction activities; 3. The place or places in which the construction activity will occur; 4. The manner in which said construction equipment is to be used and the type of construction activity which will occur; 5. The times and dates in which the equipment will be used for construction activity. b) Said application described in Subsection (a) in this section shall be' submitted to the City Clerk, or a duly authorized representative, finds that the applicant is responsible, has proper equipment. for such construction activity and that no nuisance is likely to be created by the granting of said permit, the Clerk shall endorse the approval upon the application. c) Before any permit may be issued, the applicant shall pay to the Clerk a permit fee imposed, set, established and fixed by the City Council, by resolution, from time to time, which fee shall accompany the application. d) No permit issued under this article shall be for a period longer than thirty days. Section 5. Section 19 -52. Enforcement duties. The Maplewood Police Department shall enforce the provisions of this ordinance. The Maplewood Police Department or its members may inspect private premises other than private residences and shall make all reasonable efforts to prevent violations of this ordinance. A. Civil remedies. This ordinance may be enforced by injunction,, action for abatement, or other appropriate civil remedy. B. Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration, or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the council. It shall evaluate each such statement and. take its evaluation into account in approving or disapproving. the license or permit applied for or the zoning change requested. A r- C. Criminal penalties. Every person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $700 or imprisonment for a term of not to exceed 90 days, or both, plus, in either case, the - costs of prosecution. Each act of violation and each day a violation occurs or continues constitutes a separate offense. Section 6. This ordinance shall take effect upon its passage and publication." Passed by the Maplewood City Council this day of 1987. Mayor ATTEST: City Clerk COUNCIL PERSON BASTIAN MOVES TO AMEND 'THE PROPOSED ORDINANCE FOR NOISE CONTROL BY DELETEING EVERYTHING AFTER THE ENACTING CLAUSE AND INSERTING THE FOLLOWING: Section 1. Section 19 -48 is added as follows: A. Section 19 -48. Noises Prohibited, General Prohibition. No person shall make or cause to be.made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injuries, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. This general provision is in addition to specific restrictions, unless otherwise provided. B. Section 19--49. Activity Contiguous To Non - residential Areas. In addition to the general provisions of Section 19 -48, no person shall engage in construction, repair or maintenance in non - residentially zoned areas if the property is within 350 feet of a residential district or use between the hours of 9:00 P.M. and 8 :00 A.M. This includes the collection or removal or earbagg and maintenance or repair of commercial property or buildings. This section does not apply if there is an emergency repair necessary to preserve the property in the commercial area. C. Section 19 -50. Construction Activity. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas - powered machine, power equipment or power tool except between the hours of 7:30 A. M . and 1/2 hour before sunset on any week day, ' , or before 8:00 A.M. on weekends or holidays. The use of the above - described items includes starting -up and warm -up prior to actually beginning the construction wv-& . tea D. Section 19.51. Noise defined. (1) Sounds audible to the human ear shall not exceed DBA's, measured from City's sideyard setback limits in effect at the time of the alleged violation, or from the living quarters of any property sharing common walls. (2) The following items are intended to be covered by this ordinance. 't7tt items are for illustrative purposes only, and Jet not meant to preclude coverage of other items by this ordinance: audible signaling devices on motor vehicles; exhaust outlets from fuel -- powered machines or vehicles; any device for the production or reproduction of sound includag radios, stereos, musical instruments, mobile or stationery loudspeakers and paging systems; noisy parties or gatherings; animals; and, residential or commercial heating, air conditioning or ventillation equipment. E. Section 19.52, Noise Execptions. The normal operation of domestic power equipment shall not be subject to the noise level limitations in Section 19.51, however, they are subject to the hours of operation limitations set forth in section 19.49. Domestic power equipment as used herein means power lawn mowers, hedge clippers, edgers; chain saws garden tillers; mulchers; and power saws, drills, hammers, and sanders. In cases of emergencies the hours of operation are not to be enforced. E. Section 19.53. Civil Penalties. This noise ordinance may be enforced by injunction, action for abatement or any other appropriate civil remedy. G. Section 19.54. Criminal Penalties. Every person who violates any provision of this ordinance is guilty of a petty misdemeanor and shall, upon conviction , be subject to a fine not to exceed $300; or, in the discretion of the judicial officer, to community service. Each act of violation and each day a violation occurs or continues constitutes a separate offense. A second violation of this ordinance within one year of the first offense, is a misdemeanor and if convicted, shall subject the person to a fine of * riot more than $700 or imprisonment for a term of not to exceed 90 days, or both, plus in eiher case, the costs of enforcement and prosecution. r H. Section 19.55. The Council may require any person for a change in zoning classification or permit or license for an structure,tore, o erationp , process, installation or alteration, or project that may be consid- ered a potential noise s %urce to submit a noise impact statement on a formA reP scribed by the city manager. The Council shall evaluate each statement and take its evaluation into account in approving, conditioning or denying the lic-w ense or permit applied. for or the zoning change requested. The statement shall contain methods of sound abatement to be constructed or planned to assure com- pliance with the provisions of this ordinance. BANNIGAN & KELLY, P.A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING 5TH AND CEDAR SAINT PAUL, MINNESOTA 55101 612) 224 -3781 JOHN F. BANNIGAN, JR. PATRICK J. KELLY September 22, 1987 The Honorable John Greavu and Council Members City of Maplewood 1830 E. County Road B Maplewood, MN 55109 Dear Mayor Greavu. and Council Members: JANET WILEBSKI LEGAL ASSISTANT It would be my recommendation to you to suggest times for operation of the following domestic power equipment as follows: Chain saws, mulchers, garden tillers, edgers, drills and any and all other domestic power maintenance equipment to be used on one of the following recommended times of day: Weekdays: 7:00 a.m. to 7:00 p.m. 7:30 a.m. to 7:30 p.m. 8:00 a.m. to 8:00 p.m. Saturdays: 7:00 a.m. to 7:00 p. m. 7:30 a.m. to 7:30 p. m. 8:00 a.m. to 8:00 p.m. I further suggest that you suggest times for operation of the following. construction power equipment as follows: Electric, diesel or gas powered machines used in construction activities to be used on one of the following recommended times of day: Weekdays: 7:00 a.m. to 7:00 p.m. 7:30 a.m. to 7:30 p.m. 8:00 a.m. to 8:00 p.m. Satudays:8: 0 0 a.m. to 6:00 p.m. 8:30 a.m. to 6:30 p.m. 9:00 a.m. to 7:00 p.m. Please let me know what your decisions are. Sincerely yours, BANNIGAN & KELLY, P.A. Patrick J:. Kelly PJK:cg AGENDA # 1 & MEMORANDUM TO: Mayor and C -i ty Council FROM: City Manager 7tk,*" RE: Meeting With St. Paul -Water Board DATE: September 23, 1987 At this time I have been unable to confirm a mutual ly acceptable time with the St. Paul Water Board. I plan on having a time .by Monday night ..and if I have not received a response from the Water Board a meeting time should be established without their input. MAM :1 n b v Act -on by CoLiae Endorsed ,.---,..... ORDINANCE NO, Medifie, Rejected. AN ORDINANCE D ' AMENDING THE MAPLEWOOD CODE RELATING TO COLLECTING ASSESSMENTS The Council of the City of Maplewood does hereby ordain as follows: Section 1. Chapter 32 of the Maplewood Code is hereby amended by adding the following: Sec. 32 -18. PARTIAL PRE - PAYMENT OF ASSESSMENT. Whenever any property owner desires to make partial pre - payment of any assessment to the City for improvement, such property owner has the right to make partial pre - payment of the assessment to the City Clerk at any time within 30 days after the adoption of the assessment by the City Council Mayor ATTEST: City Clerk MEMORANDUM Action, by CoUn.oil Endorse TO: City Manager FROM: Director of Community Development SUBJECT: Land Use Legislation Study'Rod e DATE. PSeptember 16, 1987 Date. on State and Local The Governor s Advisory Council Relations (ACSLR) is ho g a publicublic hearing on September 29 on the "Land Use Legislation y preparedStud by the ACSLR' s subcommittee on Land Use P Legislations stud and discussion, the Governor's After nearly two years of Y Advisory Council on State and Local Relations has completed a draft of in enabling legislation affecting city, county and the proposed planning g g township land use planning and regulatory activities.The ACSLR was created to monitor local government affairs and state local relationships,identify issues needing attention by the state and to make policy recommendations to the Governor. The ACSLR appoint a subcommittee to assist it in carrying out its analyses of the planning gninlegislations The subcommittee is composed of two elected officials from a county, township, and a city, representation from each of the three associations represent . local an RDC commission member, legislative staff repre- jurisdictions, sent i ng the House and Senate Local Government Committees and a legislator. A separate groupateworku was also appointed to do technical research and de pvelo recommendations for review by the subcommittee. The work gr ou p was composed primarily of technical people and P like zoning administratorspractitionersg and planners from local governments. Also included on the work group are staff the the Municipal Board,an RDC Metropolitan Council, State Planning and a consultant. responseAdraftcopyofthestudyandarecommendedPonse from Maplewood are a ttached. In addition to the specific changes in recommended response, please note the following proposed changes in the study that are significant to the city: Pagee 9: Planning commissions may be authorized to approve 1. conditional use permits and some types of subdivisions. 2. Page 1 1: The city council may not serve as the board of adjustments. 3. Page 14 • The criterion for approving a variance have been liberalized. 4. Page 22: Legalizes our park fee system. 5. Page 23: Code amendments and plan amendments may be approved with three rather than four votes if the planning commission recommends - approval. 6. Page 40: if the planning commission is not given final approval authority by the city council, four votes would be required to overturn their decision. This proposed legislation is planned to be introduced in the 1988 session. Recommendation Approve the attached. letter to. the ACSLR with recommendations for specific changes to the "Land Use Legislation Study ". j 1 Attachments 1. Letter 2. Land use study 2 September 16, 1987 Governor's Advisory Council on State and Local Relations c/o Steve Reckers Minnesota State Planning Agency 550 Cedar Street St. Paul, MN 55101 LAND USE LEGISLATION STUDY The City of Maplewood supports the proposed changes in Land Use Legislation Study draft dated August 3, 1987, with the exception of the specific changes recommended below: 1. Page 4, line 15 Change "and" to "or". Comment: The proposed definition excludes nonresidential PUDs and residential PUDs that are not "mixed land uses". Our city allows these as PUDs. 2. Page 5, line 4 Insert the word "major" before the word "streets". Comment: A land use map should not have to include.minor residential streets. 3. Page 5, lines 13 -15 Delete Comment: Subdivisions should be allowed on existing streets, as they are now. 4. Page 5, lines 23 -24 Delete Comment: The adjustment of a common lot line may violate a minimum width or area ordinance and should be subject to subdivision regulations. 5. Page 11, line 8 Change "shall" to "may". Comment: with two planning commission meetings each month, it is difficult and unnecessary to get a volunteer to also serve on a board of adjustment. 6. Page 13, line 8 Define what kind of notice is required to the public. 7. Page 14, line 36 Revise as follows: ( 3 ) "the variance was not intentionally caused bytheapplicantor Comment: The f i n d i n g in the draft may preclude grant i n a variance if an honest but costly g • y mistake is made., such as building a house n the wrong location. Allow the city some discretion. 8. Page 15, lines 8 and 9 Delete "nor good faith improvement of property ". Comment: See comment. on item 7. 9. Page 16, lines 10 and 11 Revise as follows: "to any person who requests it." Comment: Sending a notice immediately is unrealistic and unnecessary.it often takes 'a week or more to get minutes transcribed and typed,Since the applicant and interested public are generally at the meeting, they already know the board's decision. It is not necessary to send notices of the decision to the applicant or public unless requested. 10. Page 16, lines 22 and 23 Replace "receipt of notice of the" with "of the board's decision ". Comment: The only way to determine the date of receipt is to send a notice by certified mail. It is also not necessary to send a notice. See comment on item 9. 11. Page 19, line 25 Add after "plan ": "where land is zoned for a higher intensity of use than shown on the city land use plan ". Comment: We agree that the state and Metropolitan Council should be concerned about inconsistencies between zoning and the land use plan, where land is zoned for a higher intensity of use . than shown on the plan. A significant acreage of this kind of land could have an adverse effect on planning for regional systems. The State Planning Act should be amended to require that the zoning and 'land use plan be consistent in these cases. We question the timeliness of rezoning, when the present zoning is less intensive than the land use plan. Many cities delay this type of rezoning until it is requested by a developer_ and a specificfis p plan isP proposed. This allows the city and neighborhood to see what they are getting and negotiate for improvement if needed. This strategy is especially important when rezoning around single - dwelling neighbor- hoods. Most neighborhoods will oppose rezoning without specific proposals, because they fear the unknown and assume the worse. Whether a city chooses to use this strategy - or not should. be a local zoning decision. The state or Metropolitan Council should not be involved, since there is no adverse effect on regional systems, 12. Page 23, line 8 Add "or the administrative officer" after the words "planning commission ". Comments: Occasionally the administrative officer needs to initiate a rezoning, particularly as a result of a related application. 13. Page 27, line 28 Delete "but before f i l i n g of the subdivision". Comment: Maplewood collects a park fee for each house before issuingabuildingpermit. This is consistent with the impact fee on P ga e 22 line 34, 14, Page 40, lines 10 and 11 Replace "after a properly completed application" with the words following the commencement of the public hearing". Comment: This change is consistent with the same change that is proposed for subdivision approval on page 29, line 8. The same justification stated in the margin on page 29 applies here. 15. Page 41, lines 25 -30 Delete Comment: 45 days is inadequate time for a small staff in a developing city during a busy construction season. Planning applications are somewhat seasonal and dependent on the economy. Cities must have I lexibility in setting priorities for processing applications. Since most cities are opposed to hiring more planners, the result of a 45- day limit may be less quality in staff reviews. Good staff preparation reduces council and planning commission review time. 16. Page 42, lines 19 -21 Replace "boundaries of the entire property owned by the appl: icant that includes the subject property" with the words "area to be changed". Comment: In the case of a large parcel, only a small part may be the subject . of a rezoning or conditional use permit, Measuring the 350 feet from the boundary would be excessive and contrary to the 'intent of the proposed revisions to this statute. 17. Page 42, lines 32 -36 Delete Comments : -Where, the parcel is surrounded . by. large parcels , requiring notification :of the ten closest owners could result in excessive notification beyond 350 feet. This is contrary to the intent of . the -proposed revisions to the statutes. 18. Page 43, l i n e 14 Add the following words after "owners ": "However, a local government may require that the names and addresses be compiled and certified by an abstract office". Comment: Our staff does not have the time to compile these lists. Allowing the applicant to prepare these lists occasionally results in unintended and intended omissions. Cities should be given the alternative to require certified lists from an. abstract off ice. 19. Page 43, lines 30 -36 and page 44, line 'l Delete Comment: The explanatory text to the left applies to this section as well as subdivision 2. Having the public call city hall f-or zoning information minimizes error and misinterpretation. 20. Page 44, lines 20 -21 Delete the words "and official controls adopted by the local government unit ". Comment: The intentions of this amendment are good, but it is not practical. We have several files full of unused zoning ordinances from adjacent cities, in our case eight. If we are considering a rezoning on a border and we want to know the zoning in an adjacent city, we always call . We cannot depend on the zoning ordinance in our files being current. Zoning ordinances also may require interpre- tation by the city. 21. Page 47, line 36 Change 1987 to 1988. Comment: This will make the dates in lines 30 and 36 consistent. 22. Authorization and procedures are included for a planning commission. and board of adjustment but not for a design review board. Our city has had such a board since 1972. DRAFT FOR DISCUSSION ONL LAND USE LEGISLATION STUDY PROBLEMS RECOMMENDATIONS DRAFT LEGISLATION PREPARED FOR THE ACSLR SUBCOMMITTEE ON LAND USE LEGISLATION AUGUST 3 1987 1 f .! • 1 f0_ SSIO, Land Use Planning Index to Bill Draft Section 1 Definitions Section 2 Purpose Clause Section 3 Planning Authority Section 4 Planning Commission Section 5 Director and Staff Section 6 Board of Adjustment Section 7 Comprehensive Plan Section 8 Zoning Section 9 Official Controls Section 10 Nonconformity Section 11 Subdivision Regulations Section 12 Extraterritorial Authority Section 13 Joint Advisory Board Section 14 Joint Planning Board Section 15 Official Maps Section 16 Conditional Use Section 17 Public Hearings Section 18 Filing and Recording Section 19 City - County Planning Section 20 County Planning Relations With Towns Section 21 Enforcement and Penalty Section 22 Judicial Review Section 23 Inconsistent Laws Section 24 Extension of Time for Compliance a e 1 -6 6 7 7 -10 10 10 -16 16 -1.8 18 -23 23 -24 24 25 -34 34 -35 35-36 36 -37 37 -39 39 -41 41 -43 43 -45 45-46 46 46 46 47 47 -48 s mttilitt 1. The definition section of the municipal and county planninq lava doss not contain the sass terms, also sometimes the defini- tion of the sass or similar terms is inconsistent. It is not necessary to have two definition sections. Combine the definitions of the municipal and county planninq law into a single section that can apply to cities, counties and towns. inhere necessary expand existinq definitions or add new ones which will improve understandinq and provide better linkages between various planninq terms. Some specific items to be handled hors include providing a definition of planninq commission, clarify purpose and content of comprehensive plans, add "agricultural* as a land use type to be included in the land use plan, link transportation plans, community facilities plan,and capital improvements plan to comprehensive plan, and revise definition of official map, subdivision and governinq body. 7/14/17 (COUNSEL ) OPM SC5e89 - S 1 Section 1. 1394A.011 (DEFINITIONS.) 2 Subdivision 1. (TERMS.1 For the purposes of sections ... 3 to ... the terms defined in this section have the meanings given 4 then. S Subd 9 2. (CAPITAL IMPROVERM PROGRAM.) "Capital, i improvement program* deans an itemised multiple Year program 7 setting forth the schedule and details of specific contemplated public improvesents by fiscal year, including public 9 improvements in or related to air space and subsurface 10 areas necessary - for -•f Red -undo rl round- speee- devekepsont- pulseent 11 t• -sect *ens- dP9h99 to - `9P /TOP, together with their estimated 12 cost, the justification for each improvement, the impact 13 that such the improvements will have on the current operating 14 expense of the mun *eipakftt local government unit and such 1S other information on capital iaproveasents as that may be 16 pertinent. The capital improvements program may be included in 17 the i lesentation section of the comprehensive plan. 1• Subd. • 3. (COMMUN FACILITIES PLAN. "Community 19 facilities plan" means a compilation of policy statements, 20 goals, standards, naps and a4tion programs for guiding the 21 future development of the public or semi - public facilities of 22 the muRfeipekftt local government unit such as public buildings. 23 recreational, educational and cultural _a,nd,emergency services 24 facilities. 1 7/14/87 (COUNSEL 1 DPM SCSO89 -S The definition of the comprehensive plan is unclear in both planning law. At the present time the county planninq law speaks about a comprehensive plan while the municipal planning law refers to a land use plan and a comprehensive plan. Recomm ndat r Revise the definition of comprehensive plan to clarity exactly what is meant by a comprehensive plant provide more specific quidance on what the content should be for a comprehensive plant and ensure that the definition of the comprehensive plan is the sage for cities, counties and towns. Amend the lanquage defininq "land use plan" in the municipal law by linkinq the land use plan to the comprehensive plan. Also add •agricultural" as a land use type to be included in the land use plan. The planning legislation was never very clear on the relationship of such other planninq elements as the community facilities plan, transportation plan, and capital improvements program to the comprehensive plan. BaoiasaaLlOa Revise the legislation to link coaseunity facilities plan, trans- portation plans, and capital improvement programs to the compre- hensive plan. Also sake these provisions consistent for both city and county laws. Current planning legislation does not contain a definition of proposed land use map• or •existing land use map ". These terms have also been recommended for inclusion as required elements of the comprehensive plan by the ACSLA work group. Include a definition of "proposed land use map" and "existing land use map" in the definition section. 1 Subd. 9 4. ICOMPRERENSIVZ PLAN.1 "Comprehensive plans 2 scans the a statement o!_goals, objectives, and 3 policies, ststemewtsr 9es sr- end- iwte:tetoted SRO 9er- pe two to 1 end- pbkts- tend - end- •etee•eter-eeanspettee :ear- end eemmawstt S lestt lies twetedtng- eeeemwendaltens- lot pten a :teelssnr 6 dessewted -tw- to :esr - a *dtnswees -swd- maps- •hieh eesettaee -the 7 ide -lee- the- Etsee- de•eepmet -el- the esett- ee- awt- pertie -el the seentt and an existing and proposed land use map or maps 9 showing present and future use of land. The plan may include_ 10 without limitation, a land use plan, COMMunitY facilities plan, 11 transportation plan, parks and open space plan, sewer plan, 12 en_plan,_vater resource plan, solid waste plan, human 13 services plan, environmental protection plan, growth management 16 plan, capital improvement plan, agricultural preservation plan, 1S housing plan, and recommendations Eor plan execution 16 Subd. 9 S. (CONDITIONAL USE.) "Conditional use' means a 17 land use se- de•eiepment- as- delfwed -bt- ordinance - that- •eeSd -wee 1• be- sppeeptiate- generskiy -but that may be allowed with or without 19 appropriate conditions or restrictions ss- pte•tded- byelltetak 20 eewtteks -• pow- a- lfndfng- thee- f6t- eeteskw- eewdteews- as - deteiked 21 tn- the- sewfwg- eN *Rance - on*9ts- end- tl- Eire- ese- st- de•eerewt 22 - the- eeewty -00 23 t§+ that is generally compatible •tth el+e- • :tsttng- wefghbeeheed 24 and desirable within a particular toning district, has an 2S unusually significant and major impact on public facilities or 26 the use and enjoym of nearby properties, and requires the 27 exercise of discretion in determining satisfactory locations and 28 characteristics 29 Subd. G. (EYISTING LAMD USE PAP.) 'Es_ t,ing land use map' 30 means a sap or drawin which graphically portrays how land is 31 presently being used. 32 Subd. kk 7. (GOVERNING BODY. I body' in the case 33 of cities means the council by whatever name known, and in the 34 case of a town, means the town board of supervisors, and in the 3S case of a county, means the county board of commissioners 36 Subd. 6 8. (LAND USE PLAN.) 'Land use plan' meant a 2 7/14ie7 (COUNSEL ) OP SCS889 -S Update and clarify the definition of "Official Controls" tocorrespondmorecloselywiththedefinitionofspecificofficial controls such as the zoning ordinance, subdivision regulations, and official sap. Q 1 compilation of policy statements, goals, standards, and maps, 2 and action programs for guiding the future development of 3 private and public property inc_luding air space, surface, and s subsurface areas The term includes a plan designating types of S uses tot the entire mvnsespe *sty lo_ cal government unit as well i as a specialized plan showing specific areas or specific types 7 of land uses, such as agricultural, residential, commercial, industrial, public or semi- public uses or any combination of such uses. 10 Subd. 9. (LOCAL GOVERNMENT UNIT.) 'Local government unit" 11 means a town, home rule charter or statutory city, or county. 12 Subd. 0 10. (NONCONFORMITY.) "Nonconformity" means any 13 legal use, structure or. parcel of land already in existence, 14 recorded, of author before the adoption of official controls IS or amendments thereto that would not have been permitted to 16 become established under the terms of the official controls as 17 now written, it the official controls had been in effect prior IS to the date it was established, recorded or authorized. it Subd. 3S 11. (OFFICIAL CONTROLS.) " Official controls" or 20 'controls' means ordinances and regulations which control 21 the use at physical development of a eityr- eonftty -er -town local 22 government unit or any pact thereof of the unit including air 23 space and subsurface areas necessary- fee- mi"04- sndee9 too nd -spree 24 development- psrsesne- le- sect tons- 019TH- te- MaTff, or any 29 detail thereof and implement the general objectives of the 26 comprehensive plan. Official controls may include ordinances 27 establishing zoning, subdivision controls, site -p *en 20 regeietisnsv sanitary codes, buiiding - cedes and official maps. 29 Subd. 30 12. (OMCTAL MAP.) "Official map" means a sap 30 adopted in accordance with section 461v3S9 which may show 31 existing and proposed future streets, roads, and highways 32 parks, schools, and other travel and public facilities of the 33 pnfei ' eiitt- and- eseneT local government unit the area needed 34 tot widening of existing streets, roads, and highways of 3S the manfeipeiity- and- eeentt local government unit existing and 36 proposed air space and subsurface areas necessary- fer -m *nei 3 7/14/87 (COUNSEL ) OPM SCSO89 -S he currant planning enabling legislation does no contain a definition of zoning map, rezoning or planned unit development even though these terms are discussed in the body of the legislation. Insert a definition of soninq sap, rssoning, and planned unit devalopment. l undte0esen! spree-+ e• eispsene- psrsua ++t es seetiens -ts 2 4330.0 #, and existing and future county state aid highways and 3 state trunk highway rights -of -way. An official map ma also 4 show the location of existing and future public land, water, and S facilities within the aunteipaiitT local government unit to 6 esuntfts -in- the- ateeepei: tan - aces- as dtlined sn seeesen 4 3t }! } 7 offieiak- asps- asT-ler -a- period- sl - sp - to - li•t - Tears des :greet - the Itundaries -sl- arts- user• ed -ler purposes el sei eeer•atieR seer- suppT- eenstr•et :en - leed- eenere sad- ssrlaee- •racer 10 leeinage- end - tae• ak- iReiudin9 appropriate eegskatsens 11 preleeeing - such- arras- a4ainse- tereaehment bT buidin9s - ether 12 physiee3- structures- or- laeikities• 13 Subd. 13. (PLANNED UNIT DEVELOPMENT.) "Planned unit 14 development" means development consisting gentrally of mixed IS land uses and housing types in which densities are calculated on 16 a project -wide basis, permitting the clustering of houses or 17 buildings and the provision. of common open space. is Subd. *3 14. (PLAT.) 'Plat" means the drawing or sap of a It subdivision prepared for filing of record pursuant to chapter 20 SOS and containing all elements and requirements set forth in 21 applicable local regulations adopted pursuant to 22 section 463v3S9 ..... and chapter SOS. 23 Subd. 34 1S. (PRELIMINARY APPROVAL.) "Preliminary approval' 24 means official action taken by a- mun4e4peiitT the local 2S governing body on an application to create a subdivision which 26 establishes the rights and obligations set forth in 27 section 463.350 ._ and the applicable subdivision 28 regulation. t accordance with section 463T3S9 and 29 unless otherwise specified in the applicable subdivision 30 regulation, preliminary approval may be granted en *y- leS3er " 31 the- ee•fe. -sftd -s pure •a3- el- e- prei #a4nary p3at - or - ether fo.._. 32 preliminary plat map or drawing establishing without limitation 33 the number, layout, and location of lots, tracts, blocks, and 34 parcels to be created, location of streets, roads, utilities and 3S facilities, park and drainage facilities, and lands to be 36 dedicated for public use. 4 7/14/17 (COUNSEL ) DPH SCS889 -S 1 Subd. if. (PROPOSED WAND USE PAP.) "Proposed land use map" 2 means a map or drawing which graphically portrays the desi 3 future public and p irate use of land and buildings, including 4 but not 11mited to atriets, roads, highway parks,. businesses, S residences, and industries. S Subd. 17. (REZONING.) :onzng" means an amendment to a 7 zoning ordinance which has the effect of changing the zoning district classification of property. 9 Subd. H Is. (SUBDIVISION.) "Subdivision" means 10 the *operation division of an area, parcel, or tract of land The current definition of subdivision is unclear and 11 under single ownership into two or more parcels, tracts, lots, contains Ianquage not appropriate for the definition section. Recommendation 12 or ieal lean- kessehei other property interests where Rt.cosnsandaticn 13 the ereeefenel- the-ie•seheid- interest division necessitates the Delete unnecessary lanquage and revise certain teras to clarify 14 creation of streets, roads, or alleys, for residential, meaning of the term subdivision. 1S commercial, industrial, or other use or any combination thereedr 1i escep- ehese seper•tfes* 17 s- r1P+eee -•S- fhb- r• ssSlsry- peree9ss- ee•etsr ielsr -sr 1•fs+ leeeses- rfiS- - l9- .eres- er- S•lger -fs+- sine- •s+d - S9e - feet - ss!e 19 4deh- 9sr- resfdese•4 -ss•s- end- !fv•- •eles- sr- •rger -isl - since - ter 20 eensmerei •S- •s!cd- :nd.slr•S -ss•sT 21 fbt. Subdivision does not include divisions creating 22 cemetery lots? 23 or the adjustment of a lot 24 line by the relocation of a common boundary. 25 Subd. S` 19. (SUBDIVISION REGULATION.) "Subdivision 26 regulation" means an ordinance adopted pursuant to 27 section 641vH• regulating the subdivision of land. 26 Subd. 9 20. (TRANSPORTATION PLAX.1 "Transportation plan" 29 means a compilation of policy statements, goals, standards, saps 30 and action programs for guiding the future development of - the 31 various modes of transportation of the msnie *p6**ty local 32 government unit and its senvirons, fneisdtsg- •fit - space -•ecd 33 sssssr!• - Tess - a +eeess•rt- lst- ied- .Rder9resd -space 34 sach as 3S streets and highways, mass transit, railroads, air 36 transportation, trucking and water transportation, and *accedes S 7/14/07 (COUNSEL 1 OPM SCSS89 -S There Is no definition ot the ter%, "variances In either thecityorcountyplanninglaw. Add a definition of the tars variance'to the definition sectionofeachplanninglawthatincorporatestheconcernsexpressedregarding '"undue hardship" and "reasonable use of property. In current law the term, •municipality• refers to towns,hose rule cities, and statutory cities. Because of the effort to codify the two planning law it will be confusing to continueusingthistermtoalsoincludecounties. Insert the term, *local government unit", in place ofmunicipality*, here, and anywhere else the term municipalityoccursintheplanningstatutes. 1 a wajov thoroughfare plan. 2 Subd. is 21. (VAsIANCE.1 'Variance" means any a 3 modification se- vevietien of a development standard of an 6 official esntre} s-• hele-f e- ss- deeeewined- ehseT- dy- tessen•e6 S except *one*- a*rsunstanees control, as _ applied to a particular 6 QrpMrty for the purpose of alleviating unnecessary difficulty 7: that would result from the strict enforcement application of the official controls • ed- eayse•unneeessely- htdshsp. 9 Subd. 22. (ZONING MAP.1 "toning map" means a map of the 10 local government u_ nit which shows Boning district boundaries as 11 described in the toning ordinance. 12 13 16 Sec. 2. 469vSSi (394A.021 (HUNIefFAh LOCAL GOVERNMENT 1S PLANNING AND DEVELOPMENT; STA'fF.IrIENT OF POLICY. l6 The legislature finds that munieipe *ities local government 17 units a faced with mounting problems in providing means of 18 guiding future development of land so as to insure a safer, more 19 pleasant and more economical environment for residential, 20 commercial, industrial and public activities, to preserve 21 agricultural and other open lands, and to promote the public 22 health, safety, and general welfare. Muniefpa **ties Local 23 government units can prepare for anticipated changes and by such 24 these_ preparations bring about significant savings in both 2S private and public expenditures. Munfetpa* Local goverment 26 planning, by providing public guides to future sunieipei action, 27 enables other public and private agencies to plan their 20 activities in harmony with the uniefpaiity•s local government 29 unit's plans. Munieipe6 Local goverment planning will assist 30 in developing lands more wisely to serve citizens more 31 effectively, will make the provision of public services less 32 costly, and will achieve a more secure tax base. It is the 33 purpose of sections 462v3S6 ....... to 46sv366 ....... to 34 provide sun *e *pa *ftfes local government units in a single body 35 of law, with the necessary powers and a uniform procedure for 36 adequately conducting and implementing munieipa* lo_ cal 6 7 7/14/37 (COUNSEL ) OPM SC58e9 -5 1 aovernment planning. 2 3 4 Sec. 3. 001T3S3 (394.031 (PLANNING AUTHORITY.) S Subd* -3 Subdivision I . (STUDIES AND REPORTS.) In i exercising its planning powers dee sbdi•tsten - , 7 a msnieipaji local government unit may collect and analyze data, prepare slaps, charts, tables, and other illustrations and 9 displays, and conduct necessary studies. A •enietpai lo_ c 1 10 government unit say publicise its purposes, suggestions, and 11 findings on planning ,utters, may distribute planning reports 12 the teen, and may advise the public on the planning matters 13 within the scope of its duties and objectives. 13 Subd. 3 2. (APPROPRIATION AND CONTRACTS.1 A muRieipatity 1S local_ government unit may appropriate moneys from any fund not 16 dedicated to other purposes in order to finance its planning 17 activities. A msefefpatfty local government unit may receive It and *spend spend grants and gifts for planning purposes and may 19 enter into contracts with the federal and state governments or 20 with other public or private agencies in furtherance of the 21 planning activities authorised by sections t63T3Sf ....... to 22 44IT304 ......... 23 Subd. 3 3. (PEZS.1 A meriefpekftt local government unit 24 may prescribe fees sufficient to defray the costs incurred by it 2S in reviewing, investigating, and administering an application 26 for an amendment to an official control established pursuant to 27 sections 463TM ....... to 303T363 .._ .. or an application 20 for a permit of other approval required under an official 29 control established pursuant to those sections. fees as 30 prescribed shall be by.ordinance. 31 32 33 Sec. s. 394•30 (394A.03) (PLANNING COMMISSION.( 34 Subdivision 1. (COUNTY PLANNING COMMISSION.) A"y-be4rd -e3 3S eeenty- eewfssfener9 -may - by- erdinone*- appeiAt- a- piannfng 36 eeaimissf en- eeapeaed- ef-++ ee- iesa- ehaR- fi•e ner •ere tl+an efe•e 7 7/14/87 (COUNSEL I OP14 SCS889 -S The planning law is silent on whether a planning commissionIsrequiredifalocalntprepareplankwWregulatorycontrols. Require that local governments appoint a planning aomission ittheyplaytopropa,Cs and adopt a aospredensive plan and officialcontrols. A Concern in some areas of the state is that the current county planning law does not provide for adequate representationfromareasoutsidethecorporatelimits. Current law requires that only two members of the planning commission be from rural areas of the county. ndattan Grant the board greater flexibility in the appointment of planning commission members by ramming the phrase, "at least two members shall be residents from outside the corporate limitsOfmMicipalities.• Insert language requiring the board to consider botl geographic areas and population when makingplanningconstissionappointments. 1 mmrees - ellof wl ed - bl•!ht eheie el ehe reerd * - -Ac -Bes - tie 2 atabtss- shad• re - ets= dines sl-1 ht- pseien- eE•tht eesntT- e 3 Before exercising the d authority granted by this chapttr, the county shall by charttr 9 or ordinance establish a planning commission composed of not 6 loss than five members appointed by the governing body. The 7 count board shall a int lannin commission membersYppoDg to fai represent the geographic areas and population affected by the 9 planning and toning regulations in the county. The manner of 10 appointment and terms of office of the members shall be as 11 provided in the ordinance. No more than one voting member of 12 the commission shall be a county board member, an elected or 13 appointed officer or employee of the county. NO Not more than 16 one voting member of the commission shall have received, during 1S the two Years prior to appointment, any substantial portion of 16 income from business operations involving the development or 17 s= of land within the county for urban and urban related 18 purposes. In the ordinance establishing the planning commission 19 the board say designate any county e!lfeer board members, or 20 empieree emploYee6 as an t: officio member mesa be_ of such 21 the commission, is -of f icio members of the commission are 22 non - voting me_ The term of office and removal of any 23 member tot nonperformance of duty or misconduct in office as 24 well as tilling vacancies on the board shall be as provided in 2S the ordinance creating the commission. 26 Subd. 2. (CITY AND TOWNSHIP PLANNING COMMISSION.) Before 27 exercising any authority granted by this chapter, statutory 28 cities, home rule charter cities, and townships, shall by 29 ordinance or chatter establish a planning commission. The 30 number of meabers, manner of appointment and the torus 31 conditions, and requirements of office shall be provided in the 32 charter or ordinance establishing the commission. The governing 33 body may designate itself as the RlEnning commission or may 36 appoint other local government officials or employees or any 35 private citizen as members of the planning commission. 36 Subd. 3. (EXPENSU.) The members of the commissionT -eihtr a The county law does not provide specific guidance on how the planning commission can be dissolved but leaves it up to the county board to decide in the. ordinance creating the planningcommission. The city law provides for a two- thirds vote of the council to dissolve the planning commission. The county lawprovidesforperdiempaymentstoplanningcommissionmembers while the municipal law is silent on this matter. These incon- sistencies are unnecessary and create confusion. Develop language that specifies how the planning commission can be dissolved that can be applied to both.municipalities andcounties. Add language on per diems and expenses for trainingandeducation. The municipal planning law does *not specify what planningcommissionsarerequiredtodoandissilentonmembershipissues, including qualifications, removal from office,vacancies, and the number of'members. It also refers to planning agencies but not planning commissions. 8econend Amend Subdivision 4 of M.S. 394 .30 by combining the duties and responsibilities of municipal planning agencies and countyplanningcommissionsintoasinglesectionofthelaw. The distinction between the planning department and the planningcommissionshouldbeclarifiedaswellasprovidingabetterdefinitionofwhataplanningagencyis. 7/14/17 (COUNSEL 1 OP14 SCS8e9 -S 1 lheA- members -el- the - bo - County- Cewwiss May be 2 compensated in an amount determined by the county -beard 3 overning body A6f Commission aesbersr- ineedin6- Cooney d eemmissienersr may be paid these ap_er diem and necessary S expenses sA- attendinq to attend meetings of the commission and 6 f -th conduct e! - the- bussness -e6 - the commission business, or 7 attend training or educational programs Nethsng- to -th :s subd *Vi Sion she *s -be - censt read- te - prohi bit - the= paym&"t - - -per 9 dfem- te- eeenty- eemmsssieners -pursuant - to-Sect ion- 3}St653r 10 9ur4f v*9*6n -sT 11 Subd. 4. (PANOATORY DUTIES AND RESPONSIBILITIES.) The 12 planning commission shall eseet- d- chair- and- seerceart- feea -swen! 13 fts- members -and- teepees to -•ith- the pianAlAg direeter - and - ether 16 empiatees -el- the- county- sn- preps ring - and - recommend ing -te -the 1S beard Prepare and recommend . to the governing body for adoption a 16 comprehensive plan amendments to the plan, and recommendations 17 for plan execution in the form of official controls and other 18 measures r- and- aaendaeAts- thelele. In all instances in which the 19 planning commission is not the final authority, as authorised in 20 subdivision S, the planning commission shall review all 21 applications for conditional use permits and plans tot 22 subdivisions of land and report thereon to the beard go_inQ 23 body. The commission shall review and make recommendations on 24 other plannihg related items as requested by governing bodY. 25 Subd. S. (ADDITIONAL DUTIES AND RESPONSIBILITIES.) The 26 beard governing body may by ordinance assign additional duties 27 and responsibilities to the planning commission including but 28 not restricted to: 29 JU the conduct of public hearingsyt 30 JU the authority to order the issuance of some or all 31 categories of conditional use permitsvand 32 the authority to approve so&@ or all categories of 33 subdivisions of lands -aid- the- aetheesty le- appee•e- seat- sr - s 34 The planning 3S commission may be required by the beard governing body to review 36 any comprehensive plans sad official controls and any plans 9 ek W 7 14/67 (COUNSEL i OPH SCSee9 -S I for public land acquisition and or development sent to the 2 Nenty local government unit for that purpose by GIRT another 3 local. unit of government or any state or federal agency and t ahaS3 •repere- eheresR- =R- veietIRq -ee - beard. S 7 Sec. S. 390•I9 1394A.OSI (MAY EMPLOY DIRECTOR AND STAFF.] To carry out the purposes of sections 3943* . to 9 399133 ..... the beard local government unit may employ a The currant pl•nninq legislation does not require that theLocalgovernmentalunitemployazoningadministratorto 10 planning director and seer+ staff as it deems considers necessary administer and enforce the local controls. Moreover, the lawsaysnothingaboutthesoninqadministrator's 11 to assist the planning director in carrying out assigned responsibilities,qualifications, or requirements for continuing education.12 responsibilities, including but not limited to a soninq 13 administrator, sanitary inspector and a building official. ff A chief administrator should be designated to ensure compliancewithalocalgovernment's official controls. The 16 The beard governing body contents oftheresolutiondesignatinqanadministratorisleftopentoalloweachmunicipalitytodeterminethe 1S shall designate a chief administrative officer who shallexactdutiesandresponsibilitiesoftheposition.16 administer the official controls. If ^nning director is There should not be a requirement that the administrator be acertainofficialsincetorequireaseparate 17 inted the director s be des as the chiefppoygpositionwouldnotbefinanciallyfeasibleforsonslocalgovernsents. Qualifica-tions for an administrator should also be left open because of 16 administrative officer. The bsald governing,_ may employ or financial considerations, however it is recommended that a cityorcountydesignateapersonwhohassoseknowledgeof 19 contract with • planning authority or coaission, any agency ofplanninganditsenforcement. 20 the state or federal government, a regional development 21 commission or- w*th. planning consultants, or •4th other hoard of Ap2M&JM /bo rd of Adiustuant 22 specialists for such services as it requires. In the planning enabling legislation for counties and cities there are two terms used to describe the quasi judicial 23 body which has essentially the sass functions and authorities in both cities and counties. The board of Adjustment is the 24 term used in the county planninq law while the city planning law uses both board of Appeals and board of Adjustment to 2S Sec. 6. 1396A.06I (BOARD OF ADMSTR M .I describe the board. This has caused some contusion for new webers to planning commissions or newly appointed board 26 Subdivision 1. (99ARS- eI- ADdd9lMM CREATION.1 Whenever s members. It seas unnecessary and could be remedied by applyinq a single term for the board which is the same for 27 bee rd -e!- count? -com * se*oner*- shs3S- ]calve - adopted the governing counties and cities. 28 body adopts official controls it shall at the sass time as the 29 adoption of 'seek the controls create a board of adjustment by The term Board of Appeals, wherever it occurs in the municipal planning law, should be changed to Board of Adjustment thus 0 ordinance. making both planning law consistent. 31 Subd. 2. (BOARD NEKSERS.I The board of adjustment shall The authorities of the bard of Appeals /Board of Adjust sent while similar for counties and cities, are scattered 32 consist of at least three but not more than seven mesbersr throughout different parts of the legislation. In addition the order in which the authorities are listed is different in 33 ae3s4fR9 The board of adjustment of a county shall include at the two law. This is confusioq particularly for those unfamilar with the planninq law.34 least one member from the unincorporated area of the countyv 35 hese. The appointment, term of office, or and removal from Create a single section in the planning law that combine the 36 the of board members shall be as- prev *ded specified in the board of Adjustment authorities of counties and cities and clearly lists in a logical fashion what these authorities are. It is also recommended that the authorities be displayed in 10 sentences that are separated so that they are easy to identify. W 7/14/87 (COUNSEL I FPM SCS889 -S 1 ordinance creating the board of adjustments- p *e•id*d -that_ No 2 elected officer of the e08ntlr local government unit not any ' 3 employee of the board - esmmtsotoners governing body shall The two planning law are very different in their deter - mination of who can be on the board of Appeal*/ bard of 1 serve as a member of the board of adjustment and- unless the Adjustment and the number of members each must contain. in addition both laws are silent on the matter of qualifications,S Governing body is also the planning commissio If the. continuing education, and vancancies. The county law provides that the board shall consist of from three to seven somber* .6 governing body is also the planning commission, one member of while the municipal law is silent on this matter. The county law also requires that no elected official or employee say be 7 the governing body shall serve on the board of adjustment. One a somber of the board. The municipal law makes no such distinction and in fact permits either the council or the t somber of see% the board of adjustment shall also be & of planning comission to servo this function. Having the council serve this function does not seem appropriate since 9 any planning commission appointed under the provisions of they are the body that originally enacted the law. 10 sections 394t6i .,_„ to 31613! .. No more than one 11 member of the board of adjustment may also be a member of the No elected official or employee of the local governmental unit 12 planning commission. in an ordinance creatinq a three member should be allowed to sit on the Board of Adjustment except in cities and townships whore the city council or the town board 13 board at adjustment, provision mat m_ be made for one serve as the planning commission.. Moreover the planning commission should not be permitted to serve as a board of 14 alternate member. The alternate board member shall, when Adjustaent. A somber of the planning commission. should sit on the Board. The part of the law dealing with cities should 1S directed by the chairman, attend all aetings of the board and also specify that the Board of Adjustment contain from three to seven members. The local unit of government should be 16 participate fully in its activities but shall not vote on any given authority to establish qualifications and standards for members of the Board of Adjustment and should encourage 17 issue unless authorised to do'so by the chairman. The chairman ongoing training and education of board members.issue18shallauthorisethealternateboardsombertovoteonan 19 when a roqular member is absent, physically incapacitated, 20 abstains because of a possible conflict at interest, or is 21 prohibited by law from voting on that issue. Any question of 22 whether a particular issue involves a conflict of interest 23 sufficient to disqualify a reqular board member from 24 voting thereon shall be decided by majority vote Of all reqular 2S board sesbers except the member who is being challenged. to the 26 ordinance establishing the board of adjustment provision say be 27 made for removal of any member for nonperformance of duty or 28 misconduct in office and for the filling of vacancies for any The planning legislation for both cities and counties doestheneed 29 unexpired term. The regular and alternate members of such thePnotprovidespecificadvicetolocalgovernmentonforadetailedfindingoffactsrecord. Contacts with local 30 board of adjustment be paid compensation in an amountajvyofficials.have revealed that some do not carelully conditionalpublicbearingswhichtheyconductforvariances,31 determined by the eemetT - resld governing body and may be paid uses, zoning ts, and appeals to the board o!asendaen Appeals /Board of Adjustment. Poor or inadequate record in lost court case it the 32 their es in attending meetings of the board andnecessaryyPenses9 keeping could vs ry likely result a islocalgovernment challenged.33 in the conduct of the business of the board. 34 Subd. 3. corriCEAS: MLZC RtCOao.I The board of Specify in the planning legislation the necessity Of keepingbytheof 3S adjustment shall elect a chairman chairperson and vice ehairsanjgoodrecordsof.proceodinge conducted Board iAdjustment. Provide guidance on what that recd 36 chairperson from asonq its members and shall appoint a secretary contain. 11 7/ ( COUNSEL 1 oPM SCS689 - Current legislative language provides for appeals to the Board of Adjustment in two different sections. One section deals with an appeal by an aggrieved parson while the other section provides for an appeal by an aggrieved person, officer, department, board or bureau of a local government unit. accumandation Clarify the l*gislation by providing for a single section on the appeals process. Also clarify the notification procedures by specifyinq specific time limits for notice and decision by the board of adjustment. 1 who need not be a member of a board. It shall adopt rules for 3 the ttanssetis+ el- ies- bestness and- shaSS- keep- e- psbse- :eesrd 3 e!- ite- ttenssetfenr'- findings - -and -dote rminst*ens conduct of 4 proceedings before it, including placing witnesses under oath. S questioning witnesses, and accepting written material. The 6 board shall keep a public record of all of its proceedings, 7 including minutes of its meetings, a statement of the facts and the action taken based upon the statement of facts on each 9 matter heard, and the final order. Staff reports and petitions 10 must be included if available 11 Subd. 4. (MEETINGS.] The meetings of the board of 12 adjustment shall be held at the call of the chairman chairperson 13 and at such other times as the board may specify in its rules of 16 procedure mst- speefll. 1S Subd. S. (AUTNORLTY.1 The board of adjustment shs3* - have 16 the- suther *tt is authorised to order th issuance of variances, 17 hear and decide appeals from andr review any erder7- requirementV 16 deeisfenr- sr- determsnttien -asd• action.taken by any 19 administrative official charged with enforcing any ordinance 20 adopted under sections 394•!3 ..... 21 to 394r39 ., order the issuance of permits for buildings in 22 areas designated for future public use on an official map and 23 perform such other duties as required by the official controls. 24 Seh sOpea- stis ? -be- taken bT -anT- person- srieed- et- b?-ant 2S •!leetT-depsetmntT- beard -er- bureau- el- s- teR- msnieiptttT 26 eeentlr -er- stater In exercising its powers under this 27 subdivision, the board of adjustment shall take into 26 consideration the- town - beards- reeemmendatien recommendations of 29 thecverning body of another local government unit when the 30 board of adjustment's decision directly affects land within 31 the taim other local government unit 32 Subd. 6. (APPEAL PROCESS.) An aggrievedgrieved person or officer 33 ea appeal ltoo any erd err - requirement r- deef sient -et 36 determfRatien action of any an administrative elffefs3 -shs33 3S responsible for the enforcement 36 official controls by filing a notice of appeal with the board of 12 7/14/87 (COUNSEL 1 OPM SC5889 - y in ear =MW decisias by the bmud of ad' f tst m it hoe bow Lz y delayed sithes become the public hearinq vdm't hold promptly ar the board failed to adios its within a rasar_ a awaza at tss. ArgUm that the board of adjustaw* noise its decision within !0 days after the application or appeal her I — sumitted. Should also rusire that the notice of ths dmcisian be cant to the app! Scant and all thous at for hosing not.,iose i adjustment within the time as- sha } } - b*- preser s by 2 the ordinance creating the board of adjustment by ftitng -wlth 3 ehe - reed- el- edfsstmdne- a- neeiee -el- appeal- speeifrsn9 - ehe d grounds- thsreel. The nice of appeal Must state the grojr.ds S for the appeal. The board of adjustment shall fts set a i reasonable time for the hearing of the appeal and give doe ten 7 days! notice thereof to the appellant end the of f xcer from whoa the appeal is taken,. and to the public and- deetde- the -seine 9 efthfh- t- reasenabe• time- rhieh ska- be- deEsned -in- ehe erdinanee 10 An appeal stays all 11 proceedings in furtherance of the action appealed from unless 12 the board of adjustment to -whom- the - appeal -is -taken certifies 13 that by reason of the facts stated in the certificate a stay 14 would cause iaminent peril to life or property. The board of 1S adjustment may reverse or affirm wholly or partly, or may modify li the- eedeer- regrfrementr- ieeissenr- er- aueerminatien any action 17 appealed from and to that end shall have all the powers of the 19 officer from whom the appeal was talon and may direct the 19 issuance of a permit. The reasons for the board's decision shall 20 be stand in writing. An a from an administrative decision 21 must be decided within 90 days of the notice of appeal. 22 Subd. # 7. (APPEALS FROM OFFICIAL MAP .I If a permit for a 23 building in such a location is denibd, the board of appeaks -end 24 safustnents adjustment shall Rave the power, upon the filing of 2S an appeal if *ed- wfth - by the owner of the Iand, to grant a 26 permit fat building in such the location in any cast in which 27 the board finds, upon the evidence and the arguments presented 28 to -sty th (a) that the entire property of the appellant of 29 which such the area identified for public purposes fords a part 30 cannot be put to a reasonabl_ 31 by the owner unless such a permit is granted, and (b) that 32 balancing the interest of the aunfeipak *ty local government_ 33 in preserving the integrity of the official map and e! -the 34 comprehensf•e- municipal -pban -and the interest of the owner of 3S the property in the use of the property and in the benefits of 36 ownership, the grant of seek the permit is required by 13 7/14/87 (COUNSEL I OPH SCSSe9 -S The language describing undue.hardship is not consistent inthetwoplanninglawsnorarethestandardsveryclearwhich define what an undue hardship is. Moreover, the definition of undue hardship is overly restrictive and where followed to the letter of the law sakes. a variance alsost ispossible to grant even though the result of the variance would not be seen by theadjacentpropertyownerandwouldbeinkeepingwiththespirit and intent of the law. Kany cities have indicated that they probably are in violation of this statute simply because it istoostrictand` -ot terribly practical. a The standard of undue hardship should be changed from the present concept of "reasonable use of property• to "unnecessary difficulty.' . List the criteria which must be satisfied to determine an "unnecessary difficulty". The need for a variance because of an unnecessary difficulty shall travel with the land so that if a predecessor in title was not able to get a variance because of his /her own actions there would be no need to grant a present variance. However, a person who purchases knowing that the land would require a variance to be built on, should not necsasarily be precluded from receiving such a variance* subdivisions i(a) thrvugs • is really a state policy state - sent regardinq handicapped persons and children and has nothing to do with variances. Because of its location in the statues it varianceisscrsetisescontusedwiththe in asogrs appropsiate plbee.and probably should be p ced Kove Subdivision 64 through a to a more appropriate place in the statutes where state policy will not be contused with the granting of a vplannEftectuationt toning" isProcedurefor appropriate place. 1 considerations of justice and equity. fA- add :t4en- ee- tt+e- netsee 2 e!• hearfAq- regsieed- bt- seeeseA - i!* }Sat ssbiivis } en - 9T - e neesee 3 she} }•Ire- psbsshed -in- the- s!lfe :a Ae•speper thee - se -ease - ten t days - belsre - lhe- ?- el -lhe- heariAgT Before reaching a decision S on the appeal, notice and public hearing requirements specified 6 in section ......must be net- It the board of appeats -and 7 adjustments adjustment authorises the issuance of a permit the i governing body or other board or commission having jurisdiction 9 shall have six months from the data of the decision of the board 10 to institute proceedings to acquire such the land or 11 interest therein, and if no such proceedings are started within 12 that time, the officer responsible for issuing building permits 13 shall issue the permit if the application otherwise conforms to 14 local ordinances. The board shall specify the exact location, 1S ground area, height and other details as to the extent and 16 character of the building for which the permit is granted. 17 Subd.. 9 $- (VARIANCES.) The board of adjustment shall have 11 the exclusive power to order the issuance of variances from the 19 terms of any official control including restrictions placed on 20 nonconforaities when strict application would cause unnece 21 difficulty Yar aAees- she}}- sn }y -be- permitted •hen - ehe ? - ace• }A 22 harasAy -r }!! -the- genets } - purposes and }AteA! - sl - thee!! } efa } 23 centre } -fA- eases - •hen -t here - ere praetfea }- df!! } es } ties - er 24 parties }ar - hardship- *A - ehe •ay -car ry*nq -out- the - atr *et }etter 25 e! - ant- e!!te } }-centre }T - and +rheA the - texas - el - the ersaAee - ere 26 eee+s} etch! - •sth - the- eeapeehens }ve p }aAr - as - used - sA 27 connect fsA -• *th- the - grants "I -of - a- versanee -See no- the - property - }A 21 gaesteA- eaAASt -be- pal- te- a- reaseAab }e•sse - il - used sAder•ehe 29 eeAdesAS- • } },N -by- the- e!! }esa } eeAeee }st 30 "unnecessary difficulty" means that: 31 (11 the property as restricted by the official_ controls 32 cannot be reasonably used for the int_*nded purposes, including 33 solar energy systems and earth sheltered construction1 34 j21 the plight of the landowner is dug to circumstances 3S unique to hss the property Ae! -tee aced -by- the- }aAdeeners 36 (3) the circumstances were not created by the applicant or 14 1S 7/14/87 (COUNSEL 1 OPM SCS849 -S 1 another party that has or has had 'in theoa st an interest in the 2 lala -L and the variance, if granted, will not alter the essential 4 character of the locality will not unreasonably impair the use S or development of nearby pro2ortX,, and will be in keeping with i the spirit and intent of the comprehensive plan and official 7 controls. seeAeee- eeAS *dee•liens••ene- shag- Aee- eenststsee -• h•rdshfp Neither acyuiring an interest in property nor good 9 faith improvement of property shall be construed as creation of 10 circumstances causing the difficulty. Economic considerations 11 alone shall not constitute an unnecessary difficulty if a There were several items included in the statutes regarding 12 reasonable use for the property exists under -the terms of thevariancesthatdidnotseenappropriate. Those included the two family dwelling variance, and p•rsittinq the Heritage 13 ordinance.. Y•r *•nee•- sh•J * - granted - for-ear th - she *tared Preservation Authority to grant varianoes. 11 C• A• t!! c: lOA delf d sA• seCtlOR- ii.iT- sllbdltlsleR- T - rhlR 0 15 No variance may be Only the board of Adjustment should be allo to issue variances. The two family dwelling variance listed in 16 granted that would allow any use that is prohibited in the Subdivision 6(2) should be deleted aims it is a temporary type variance and is not generally sotght.17 zoning district in which the subject property is located. The 18 board of adjustment mar impose additional restrictions or 19 conditions fR-t he- g!• Atf e9 •Aees ts - sRSale- eesp•Ree -• 20 it considers necessary to protect adjacent properties and the 21 public interest including, but not limited to, matters - relating I22 to a2oarancop WihtLngt of o ration and rformance 23 characteristics !h• - maid- s!- •dfeseseRt- est- eeRSide! -the 24 sA•btf - -se set• e-• A• !gt- sTseems- •- •h•rdshfpa- fw -lh• 25 grant *Rg- ef- •atienceaw When approp restrictive coven 26 may be entered into regarding these natters. The conditions 27 necessary for finding an unnecessary difficulty constitute the 24 exclusive bads for granting a variance and supersede all other 29 rcuirements, including those in local ordinances and in state 20 aaengX regulation_ Variances may be granted on a temporary 21 basis. Variances remain in affect and attached to the subi•ct 22 property regardless of ownership, as long as the restrictions 32 and conditions attached to the-variance are observed. 1S 7/14/87 (COUNSEL 1 OPH Scsee9 -S The section of the law dealing with the order of the Board of Adjustment concerning when a variance becomes effective and the process to be followed in filing a board order is unclear. Apparently in some places the order for a variance is filed with the county recorder but may not be recorded until some time such later resulting in some confusion regarding wben thevarianceiseffective. The statute should clearly state that the variance becomes effective when the decision is made by the Board of Adjustmentnotwhenitisfiledwiththecountyrecorder. The statute should also specify that a certified copy of the board's order shall be filed with the county recorder within Go days following the.decision by the Board of Adjustment. There is no mention in the existing planning statutes providing authority to local governing bodies to establish Qualitications and provide funds for training of board of adjustment maabers. Add a new section to the law that grants authority to local governments to establish qualifications and provide training opportunitiss for board of adjustment members. 1 Subd. • (BOARD ORDER.I A certifiod copy of any order 2 issued by the board of adjustment acting upon an appeal from OR 3 any act ion by an 4 administrative official, or a request for a variance, shall be S filed with the county recorder or registrar of titles for 6 record within 60. days after the order is issued, unless the 7 applicant agrees to an extension The order issued by the board 8 of adjustment shall include the legal description of the 9 property involved. Notice of the order shall be mailed 10 immediately to the applicant and any other person at the hearing 11 who submits a written request for mailed notice. The board -by 12 sedfReRes governing body shall designate by ordinance the county 13 local government official or employee responsible for meeting 14 the requirements of this subdivision. Any order issued by the 1S board is effective when issued. 16 Subd. 9 10. (RIGHT TO APPEAL.1 All decisions by the board 17 of adjustment in granting variances or in hearing appeals from 18 any administrative order r- rwp*r ementy -doe is ion-or - determinstie* 19 ac_ tion shall be final except that any aggrieved person se 20 per"Rer -er- any- de*ertmenty -boa rd-or - eeriso*on -e6 -the 21 fsrisdfstfeR- •r -s! local government unit, or the state shall 22 have the right to appeal within 30 days, after receipt of notice 23 of the decision, to the district court in the county in which 24 the land is located on questions of law and fact. 2S Subd. 11. (TRAINING, QUALIFICATIONS.) The governing body 26 may U resolution, establish qualifications and standards for 27 members of the board of adjustment. The governing body may also 28 appropriate funds to pay for expenses incurred by board members, 29 prior to or after appointment to the board, for attendance at 30 training or educational programs which will assist board members 31 in sooting the established qualifications and standards. 32 33 36 Sec. 7. 661*6SS (394A.071 (PREPARATION, ADOPTION, AND 3S AAENDMENT OE c0"aurNsIn mumtemb PLAN.) 36 Subdivision 1. (PREPARATION AND REVIEN.) Before a local 16 17 7/14/87 (COUNSEL 1 oP SCSee9 -S I government unit may adopt official controls, it must adopt 2 comprehensive plan in accordance with section 9, subdivision 4. 3 The planning agency commission shall prepare the 4 comprehensive •sn*espe} plan. In discharging this duty the For some time it has been unclear to many people it the current planning law actually require the adoption of a S planning agency commission shall consult with and coordinate the comprehensive plan prior to adopting regulatory controls such as soninq and subdivision ordinances.6 planning activities of ether departments and agencies of 7 the menic*pa }sty loc government unit to insure conformity with Insert language which- specifically states that all local 6 and to assist in the development and implementation of the government units must prepare and. adopt a comprehensive plan prior to adoptinq regulatory controls.comprehensive mvn*c*ps} plan. In its planning activities the Therm is some confusion in the municipal planning law 10 planning agency commission shall take due cognisance of the concerning who is responsible for preparation and review of the 11 planning activities of adjacent units of government and other comprehansive plan. 12 affected public agencies. The planning agency commission shall 13 periodically reviev the plan and recommend amendments whenever Rake it very clear that it is the responsibility of the planning commission, not the planninq agency, to prepare the comprehen-14 necessary•sive plan for approval by the governing body. Language should also be inserted vbich requires periodic planning commission is Subd. 2. (PROCEDURE FOR RECOMMENDING PLAN ADOPTION AND review of the comprehensive plan. 16 KZNDKM.1 The planning agency commission may, unless otherwise 17 provided by char or ordinance eeASistent with - the- mun 11 charter, recommend to the governing body the adoption and 19 amendment- !!em -t *ae- to -tiae of a comprehensive meASefpe} plan. 20 She plan stray be prepared and adopted recommended for adoption in 21 sections, each of vhich relates to a major subject of the plan 22 or to a major gwnraphical section of the aun*efpe }ttyv --Vhe Current planning language specifies notice and hearinq 23 gevelA }A!- body - may- pl ape so -the - eemprshen9*V* 8Vaies Pa -p}a0 -andrequirementsfortheadoptionoramendmentofthecomprehensive plan in the coaprehensive plan section.24 anendaenes- to- st- by- reacts t*on - so be teed -te- the- p }aARfAJ 29 agency local government u_ it Before adept*nq recommending To simplify the legislation and to avoid confusion it is 26 adoption of the comprehensive municipe} plan or any section eerecommendedthatnoticeandpublichearingrequirementsfor adoption and amendment of the comprehensive plan and official 27 the planning agency commission shall he }acontrolsbedealtvitainthesectiononpublichearings. 21 sae! sAe- peb} he! l A - e A AOttee - lae1 2!seeand- ptilpese -el- the- healsng- she } }- bf -peb} }shed - once sn - etie 30 e!!fs }e }- Aevspspe! -el- the- aeAiespa } }ty -ae- }east - ten - days- elele 31 meet the notice and public hearing The section on plan implementation is not particularly clear 32 r!MLre"nts specified in section ... given some of the changes to the law that have been recommendedinthisstudy.33 8ebd*- lt- _fA!lS9N_!t_ NB! * -A- proposed Qa 34 net -be- acted -open bake some minor technical changes that will clarity responsi-3S bT-1 he- geverAt ng- body-• Ati}- il- hss lteeived- ehe eteeaaeAdaefeA bilities and cyan up the language. 36 e! - lhe- p }sAnsAg- agency -or - +eAtsi -6i -days- have -a }apses- ! tom the . 17 is 1/11/87 (COUNSEL ] DPM SCS889 -S l date- an- smendmoRt -proposed -by •the - 9everning- body- hog -been 2 piaAA4Ag- agency- for- its- reeoam+endatienv-- do }es! 3 elherrise- pre•ded -by- charter* - the Oe -bedY- sty -by d embers adept -and S ameAd- l eempeehehs :v• plan- er- pertisA- eheres! es- lhe- eftie :ti 6 ieAisipei• pf tA s 'eA-seeh- Heeler- eAd- hetrtn -as- say- be- peesersbed 7 by- srdinaneev current planning enabling legislation is not clear concerning 8 Subd. 4 3. (INTERIM ORDINANCE.] If a manieipaiity lo_ c 1 whether a public hearing is required for the adoption of an interim ordinance.9 oovernaent,unit is conducting studies or has authorized a study R1 ULU=10 to be conducted or has held or has scheduled a hearing for the Make it clear that the adoption of an interim ordinance does not 11 purpose of considering adoption or amendment of a comprehensive require a formal public hearing as is required of other official controls.12 plan or official controls as defined in section l68t8S9p T 13 9erdfvi9ien -8S .`, or if new territory for which plans or 14 controls have not been adopted is annexed to a munieipt *ity 1S local government unit the governing body ef- the mvnieiptiity 16 may adopt an interim ordinance by majority vote of its members Current planninq language does not specify what type of 17 applicable to all or part of its jurisdiction for the purpose of majority is necessary for the governing body to adopt an interim ordinance.18 protecting the planning process and the health, safety and 19 welfare of its citizens. The interia ordinance may regulate, Make it clear that a simple majority is all that is necessary to 20 restrict or prohibit any use, development, or subdivision within adopt an interim ordinance. This would be consistent with what is required for comprehensive plans and zoning ordinances.21 the jurisdiction or a portion thereof for a period not to exceed 22 one year from the date it is effective, and may be extended 23 for such additional peciods as the munisipt *ity local government 24 u, it may dean consider appropriate, not exceeding a total 2S additional period of *0 12 months. No interim ordinance may 26 halt, delay, or impede a subdivision which has been given 27 preliainary approval prior to the effective date of the interim 28 ordinance. Notice and a public hearing are not required for the 29 adoption of an interim ordinance. An interim ordinance must be 30 published within a reasonabl_ ime, but notwithstanding any law 31 cutter provision to the contrary,. is effective upon 32 enactment. 33 34 3S Sec. 8. (394.08] (CONING.] 36 Subdivi 1. (AUTHORITY !9R- •ONfft.) Per the - purpose -e! is i= Ordin nce The language dealing with authority and general requirements for zoning is presented in an unclear and overly wordy manner. It requires a parson seeking information to read through an entire paragraph to obtain the necessary information. Revise the format of Subdivibion 1 and 2 under M.3.462.3S7 dealing with zoning to provide easier access to necessaryinformation. f There has been confusion for some time over the relationship of the comprehensive plan and the toning ordinance and what it means to have the zoning ordinance further the purpose and objectives of the comprehensive plan. Aecomsendation Add language to the law that specifically requires the zoning ordinance to be consistent with the comprehensive plan. In addition the language should also include a definition of what it means to be consistent. 7/14/87 (COUNSEL I OPM SCSe69 - 1 peeeefn0- the - pub }te- heaehv- safetyr- weref9- and- 'enere *- •e *torev 2 A sun *s *pskftt local government unit say by ordinance regulate 3 e!1- t earth surfacer to -the air space above - the- serfsee, 4 and in subsurface areas ,- the- }eeatten hethl,- •ideh, -bsk, -type S ef - fssndattenv Hater : - seestes, star - of - buildings -and -Other i aeraeeseesr- the -pe :tentage- et- *se- •h =eh- sat- be- eeenpsed, -the 7 asst -sf- yards - and - ether- epee- spaeesv•ehe- density -and t dtseesbutten- et- pepetatten,- the- ss es - sf - bsitdtn9s and•sereetetes er- tradev- industry,- eesideneev- reeresttenv- pebie- see ::etesv 10 er- other - purposes,- and - the - eses- st- snd -fel- trade,- indestryv 11 eesdese- retreat! env- arseetsres -telestrrv- sei- eenseratienv 12 eater- supp *y- conservat *any -eon so two ttea -of - sheretandsv -as 13 def *nN- fn- sestisn- tISTtAS,- access- te- dtreet- sentslhe -leer- sets! 14 energy- systems -as -do fined- tn- sestion- t *GOT liv- 0keed- centre * -er 1S et her- psrpesesv- and - sat- eseabttsh- standards- and- preeederes li eegetattng -such- eses, -- tie- regestien- asT- prelsb *t -earth 17 sheltered- eenseruet* en- as- deffed- tn- seeetsn * *6aTlit It sardte *s *en- fv- sr- aanstaetared- hews- bu *kt- *n- eeRferaanee - W*th 1! meet *ens- lt3T! *- le- ftPtl3 -t hat- tespy- •ieh - * *- other- sensng 20 erdfnsness- press *go ted- pursuant- to -th *s -sect *ew for the purpose 21 of promotina the public health, safety, morals, and general 22 welfare. Official controls adopted under this authority shall 23 iaples+ent the purpose, objectives, and policies of the 24 comprehensive plan and may include the features in this section. 2S Official controls must be consistent with the comprehensive plan. 26 Consistent means not allowing and use and develo ent that willQPm 27 prevent the planned land use as designated within specific areas 26 in the coeprehens plan 29 0ubd. 2. (ZONING OISTRICT9.1 The regulations adopted under 30 this section say divide the.surfact, above- surfsee airir_spaca and 31 subsurface areas of the mnfetpa *tty local government unit into 32 districts or zones of suitable numbers, shape and area. The 33 regulations for each district shall be uniform for each class or 34 kind of buildings, structures or land and for each class or kind 3S of use throughout such dfstrietr -but -the_ Regulations in one 34 district may differ from those in other districts. The 19 1 7/14/87 (COUNSEL 1 OPM SCS8e9 -S 1 e! d!n• nse- emedl4Ag- thole - role *at *One- she }- be- *RawnA •! - the 2 l eldfnaASe-• Rd-! ha}} e l Ol tf!! •A waplT-- A•t!lyw•Y 3 OldiA•Ref • e!l the - • pp } ealtOA - O! !eAl - !!fie }arso -!O AfReOlpOraled- te!! i! O! l•} Oe• tfd - • il !• }!! 0- lt! }?w!t! S R -•Al- dir tike" T• be!- Ae!• tA e CffAl • O! • lOrrA - •hseh has• adeptfd 6 leRtRl- efle }aeseAlt - p!e•sded that - •hole - tee -el - welt 7 Aeneentsloees- wsniesp•} sties - halt reeAdalies -less- than -leer akkes- sp•ttT- each- }s- •e that iced - to-cent to* - the - *ensng- el- i•nd -en 9 sts- side- el- t- }iAe- tgeidiseaA!- bee•tfR - lke - tee- neneentileees 10 monieip•} sties- •nkess - tern - el- esoRel -iR- the a!!leeed -area -has 11 adopted- son i "g- rtl•katienST -- Any -eity- sal- therlal tar - eRlerce 12 such reg• }at ions - the - area - to - the some - e:tfnt -as -sl - 13 property - tire - situated- •iehin- its- eerpeeate- }iaits -onei} -the 14 seonty- ee- teen- Ieald- adepts-•- eeaprehensi•e- :eninl- re•eiatieA 1S rhfsh -*Re }odes- the -alea 16 SordT lT- - f•/ tatlJti 11Dei391laMlN'lfT Ae - •Al - time •!!e!•ehe 17 deptteA - -a- }and - ese -p }aR- let -the -m•Rfeipa }elr- the- pannfA Y 18 aleney -F-!e!- the- porpsse- el -car ey*"I -tot- the pn}icits- and -leaks 19 e!- the - }and- ese- pk •A- say- prepsra- ptepesed- seeing- erdi 20 end- sobait it -te- the- le•erniAg- body -rfth its- reeewsendstiens -for 21 adopt k eRT-- Subjeet -te- the- to" }reOe Alf- Ol }•f ! }en!- }1 - + -•Ad 22 5T the- go•ernfnl- body -Yy- •dept- and - amend- a- son ia - Ord *aanee -by I3 ew- lhfrds-• e! e- el- a}}- fls- mfabelsT-- fl-ehe- eeaplfhenai• i 24 onftipa}- pk i sA - eenl kit!- ritb- lhe *ensnl- eldkAaASer -!he 2S sn4Ag- O :dkRanee- sepersfaes- the -pkaA* 26 9obd 4T-- f AMeNONVMS -An - amendment- te- •- *en erd*nonce 27 aay- bo- 4nftfated -by- the -le • ee"*Rl- bedYT- the -pie nning- alfnetr - 24 by- peltisA -el -a! lotted- prepe!!l- ewers- as -delined- fA- the• leAR! 29 er -AR- ame - not- }n }atld -by- the pkann *ng- elen 30 steak } -b*- retorted - there- fs- en*T - !et 31 alody- •Ad- leper!- and- Y AOt- `e - aelN - open by the•SO /elRfR - bOdt 32 Ate } -ft- has- leeef•N- the- reasmendsefen -el- the p }anntR- aleReT The county and city planning laws are not consistent in 33 sA -the- proposed- smeRdmfnt- sl- onesk -it- dais - hale- ekapeed -lrem -the terms of what can be requlated. This is unnecessary and causes contusion.34 date -el- torero nee• s! - the- amfRdsene- rlhetl a- rfpele- by-lhe 3S pkann *ng- ageneyv Add requlatory lanquaq• to the county planning law and the 3l Subd. 3. (TYPE Of REGULATION.) A local government unit may Srnicipal planning law which will brinq then into greater conformance. No major substantive amendment to the authority is recommended.20 7/14/67 (COUNSEL J DPM SCSS89 -S Lanquaqe referencing shoreland, floodplain, agricultural preservation, and historic preservation activities is lacking in the current law. Insert the appropriate statutory references for shoreland, floodplain, agricultural preservation, and historic preservation activities. i 1 establish standards and proc*du-res regulating the use of land 2 including: 3 (a) The use of surface, subsurface, airspace, or surface of 4 water for trade, Industry, residence, recreation, agriculture, S forestry, soil conservation, water supply conservation, surface 6 water, drainage and r*moval, conservation of shorelands as 7 defined in section 10SA BS, or other purposes.. Official I controls may also be applied to historic preservation as defined 9 in section 471.193, agricultural land preservation as defined in 10 section 40A.OS, wetlands preservation, open space, parks, sewage 11 di_;al, protection of ground water, protection of flood plains 12 as defined in section 104.02, protection of wild scenic or 13 recreational rivers, protection of slope, soils, unconsolidated 16 materials or bedrock from potentially damaging development, 1S preservation of forests, woodlands, and essential wildlife 16 habitat, reclamation of non - metallic dining lands, protection 17 and encouragement of access to direct sunlight for solar energy 1s systems. 19 (b) The design of structures including the location, 20 heigbt, width, bulk, type of foundation, number of stories, size 21 of ldi:gs and other, structures; the 2grcentage of lot which 22 may be occupied, the six• of yards and other open spaces; the 23 density and distribution of population; the uses of buildings 24 and structures for trade, Industry, residence, recreation, 2S public activities, or other protective measures 26 nscessarY,t_ protect the public interest including controls 27 relating to appearance, sign*, lighting, hours of operation, and 28 other aesthetic or performance characteristics including noise, 29 heat, glare, vibrations, and smoke; and the area required to 30 provide for off- street loading and parking facilities. 31 No regulation mayjcohiit earth- sheltered construction as 32 defined in section 116J.06 subdivision 2, or manufactuxod homes 33 built in conformance with.soctLons 327.31 to 327.35 that - 34 with all other zoning ordinances adopted under this section. 3S Subd. is 4. (P6R14f!!E9 LICENSED RESIDENTIAL 36 EACILITY.I.it is the policy of this state that handicapped 21 7/14/87 (COUNSEL I OPM SCSee9 -S soma technical changes are needed in Subd. 6a and Subd. • to clarity what is meant and to bring the language up to data with current terminology. Add the definition of •person• to Subc. 6a rather than referencing it to another section of the statutes as is done now. Also change the use of the term "sons• to district` to conform to language currently in use in most ordinances. Change the title of subdivision 4 (formerly Subd. 6a) to Licensed Residential facilities" to more clearly reflect the intent of this subdivision which is to prevent local governments from denying such facilities in residential neighborhoods. Current legislation does not specify that dedication funds may be collected in cases where commercial or industrial buildings, apartments, or singlft family dwellings are built on existing lots where subdivision appoval was not necessary. Establish a new section which creates an 'impact fee" that would allow local governments to collect a fee at the time the building permit is issued for projects not requiring subdivision approval. 1 persons and children should not be excluded by sunsespat zoning 2 ordinances or other land use regulations from the benefits of 3 normal residential surroundings. For purposes of sabdi•ss :ens 6 64 -9 this subdivision, "person" has- ehe mes++sr+9- 9 :•en -iR S seelbeR- 6aSTPi6 #•issen - ; means an adult who is handicapped 6 by reason of age, mental retardation, mental illness, c 7 dependency, or physical handicap: a child, whether handicapped or not; and for the purposes of adult day care, adult foster 9 care, and supportive living residences, an adult who is 10 functionally impaired 11 SubdT -it - -f tepio"!s- 9tN8bE- PAM* bV -991v f ill A state 12 licensed residential facility serving six or fewer persons or a 13 licensed day care facility serving 12 or fewer persons shall be 14 considered a permitted single family residential use of property 15 for the purposes of toning. 16 JU Unless otherwise 17 provided in any te•nT suniespae- ee- eouftty local government unit 14 zoning regulation as authorised by this subdivision, a state 19 licensed residential facility serving from 7 through 16 persons 20 or a licensed day care facility serving from 13 through 16 21 persons shall be considered a- peemieeed an allowed multifamily 22 residential use of property for purposes of zoning. A lewnshspr 23 nmneeepe6- et- eeune1 local government unit zoning authority say 24 require a conditional use e!- speesa* -use permit in order to 2S assure proper maintenance and operation of a facility, provided 26 that no conditions shall be imposed on the facility which are 27 more restrictive than those imposed on other conditional uses ev 26 spee *ai -uses of residential property in the same senes district, 29 unless the additional conditions are necessary to protect the 30 health and safety of the residents of the residential facility. 31 Nothing herein shall be construed to exclude or prohibit 32 residential or day care facilities from single family *eves 33 district if otherwise permitted by a local zoning regulation. Subd. S. IMPACT FEE.) A local government unit may collectI _., g y 3S an impact fee when a building permit is issued for projects not 36 requiring subdivision approval. Fees paid shall be placed in a 22 7/14/87 ACOUNSEL I OPM SCSO89 -S quaqe dealing with the initiation of comprehensive plansandofficialcontrolsortheinitiationofamendments planning doaumants is located in different sections ! the planning laws. Moreover the law is not clear on whether the local governmant unit seat grant a bearing on the petition of owners of the. P9 rty. 0 Locate the language dealing with the initiation of comprehensive plans and official controls and am to thereto in s separate subdvision under "official controls" entitled "Initiation". Also include language guaranteeing a hearing on the petition for initiation of an amendment to the zoning sap or a rezoning by affected property owners. In the section of the law dealing with amendments (H.S. 462.357 Subd. 4), there is a time limit of 60 days stipulated for planning commission review. No such review period is mentioned in the county planning law (H.S. 394 3ubd. 10). Also provisions in H.S. 462.357 subd. S which deal with amendments for cities of the first class are inconsistent with other sections of the law dealing with amendments. The language in the county planning law should provide for a 60—day review by the county planning commission just as it currently does for cities. This is another area where consistency could be achieved bS o%iin'"q the two laws. There is some confusion in the municipal planninq law concerning who is responsible for preparation and review of the comprehensive plan. 1 special fund to be used only for the public purpo specified 2 in section subdivision 3. 3 4 S sec. 9, 1394A.o91 (orrta u CONTROLS.1 6 Subdivision 1. (M MATION.1 Co_ myr*hensive plans and 7 official controls or amendments thereto may be i by the S governing body or the planning commission. An amend to a 9 zoning map or a rezoning amendment may also be initiated by 10 Qetition of all the subject property owners. Upon recei of a 11 petition of the subject property owners the governing body or 12 Qlanning commission must grant a hearing accordi to sect ... 13 Subd. 2. (RUERAAL.) Any proposed comprehensive plan, 14 official control, or amendment to any existing comprehensi 1S plan or official control that is not initiated by the planning 16 corission must be referred to the planning commission, if there 17 is one, for study and report. The governing body shall not act is upon a proposed coeprohonsive Plan, official control, or 19 amendment until it has received a written recommendation of the 20 planning commission on the proposal or until 60 days ha lapsed 21 from the date of the start of the public hearing hold o the 22 proposal. 23 Subd. 3. (NoTtCt AND PUBLIC BEARING.) An official control 24 or cMrehensiv• plan may not be adopted or amended until the 2S notice and public hearing requirements specified in secti .... 26 are wet. 27 Subd. 40 (ADOPTION.1 Thegovernina body may by resolution 29 adopt or mend an official control or comprehensive pla as 29 recommended by the planning commission by a majority of all of 30 its members. If a planning commission does not exist or fails Make it very clear that it is the responsibility of the planning 31 to make a recommendation within 60 days, or if the governing commission, not the planning agency, to prepare the comprehen- sive plan for approval by the governinngq body. Language should 32 body does not follow the planning commission's recommendation, also be which requires periotio planning commission — ~ review of the comprehensive plan. 33 the governing body may adopt or amend an official control or According to some local officials rezoning procedures are being violated by local governments who impose special conditions or restrictions on the use of the property to be rezoned. It is felt that restrictions and conditions should more properly occur when granting conditional use not rezonings. M - osmandation 34 comprehensive ma only by a two - thirds vote of all of its 3, S members. 36 Subd. S. (REZONING.] Conditional rezoning is prohibited. 23 Add a now subdivision to the law that deals with rezonings and sakes it unlawful for a local governing body to impose ap*cial restriction on requests for resonings. 24 7/14/87 (COUNSEL j OPM SCSO89 -S 1 If an amendment to a toning ordinance constitutes re:oniny, the 2 governing body may not impose conditions or special restrictions 3 on the use or development of the Droperty as &--requirement of 4 the rezoning. S 6 7 Sec. 10. 396 ?96 (394A.101 (NONCONFOPJ41TIES.1 Subdivision I. (AUTHORITY TO CONTINUE.] Any nonconformity 9 including the lawful use or occupation of land or premises 10 existing at the time of the adoption of an official 11 control hereunder may be continued, except'as regulated, 12 terminated or acquired by the beard governing body as provided 13 in subdivisions 2 or 3, although even t= use or occupation does 14 not confors to the provisions thereof, but if such the 1S nonconforaity or occupancy is discontinued for a period of more 16 than one year, or any nonconforming building or structure is 17 destroyed by fire or other peril to the extent of SO percent of 18 its market value, any subsequent use or occupancy of the land or 19 premises shall be a conforming.use or occupancy. 20 Subd. 2. (ELININATION.j The beard governingbody may by 21 ordinance adopt sash regulations not contrary to law as that it 22i deems considers desirable or necessary to classify, regulate and 23 control, reduce the number or extent of and provide for the 24 gradual elimination of nonconformities and occupancies, 2S including requiring nonconformities to conform with the official 26 controls of the county local 9overfmont unit or terminate within 27 a reasonable time as specified in the official controls. The 29 beard governing body say by ordinance impose upon 29 noneonformities additional regulations relating to appearance, 30 signs, lighting, hours of operation and other aesthetic 31 performance characteristics including but not limited to noise, 32 heat, glare, vibrations and smoke. 33 Subd. 3. (ACMISITION.) A nonconformity that is determined 34 by the beard yoverning body to be detrimental to the achievement 3S of the goals and objectives of the comprehensive plan say be 36 acquired by the bated governing body by purchase. 24 7/14/17 (COUNSEL On SC5889 -5 1 2 2S 3 sec. 11. 461t3S• (394A.111 (PROCEDURE FOR d PLAN OP1PBeVVAVf0N IMPLEMENTATION SUBDIVISION REGULATIONS.1 S Svbdt -*a Subdivision I. (AUTNORITY.( To protect and 6 promote the public health, safety, and general welfare, to Th% county planning law while mentioning only very briefly 7 provide for the orderly, economic, and safe development of land, the subdivision of land as an official control provides little in the way of guidance concerning authority, tern of the to preserve agricultural lands, to promote the availability of regulations, platting, filing and recording of conveyances andproceduresfornotifyinqtowns, yet, most county 'subdivision 9 housing affordable to persons and families of all income levels, regulations contain just such elements. Also most of these elements are covered in the municipal planning law.10 and to facilitate adequate provision for transportation, water, 11 sewage, storm drainage, schools, parks, playgrounds, and other The law should be amended to provide counties with the sate 12 public services and facilities, a muf%ieipakitt local governmentquidinqauthoritytodevelopsubdivisionregulationsasthat possessed by cities and towns.13 unit may by ordinance adopt subdivision regulations establishing 14 standards, requirements, and procedures for the review and 1S approval or disapproval of subdivisions. The regulations may 16 contain varied provisions respecting, and be made applicable 17 only to, certain classes.or kinds of subdivisions. The 16 regulations shall be uniform for each class or kind of 19 subdivision. municipality say extend its subdivision controls two miles beyond its boundaries even if a county has subdivision controls.20 A- mvnicipeiiet- mat- My- reset slien -e :lend- the- appii Cation -e! The only time a city may not extend its subdivision authority into the two mile area is when an adjacent town has adopted 21 fts- suMdfvasiea- eegsistieRS- ee- •nineerpratea- ltrrslert- ieeaeei subdivision regulations. This is inconsistent with provisions in the law which restrict the city from extendinq toning requla-22 w }tltin -lrral its- e9- ils- iiafes- in- snT- diteetfen- Met- nel -iR -• tions into the two mile area if either the county or the town - ship have adopted zoning controls.23 le•t rltieh has adepesd seNfvisies rtgeistienat Previlei - that 24 art+ ere t. e- ee- msee- Reneentsgvevs- avnieipeiieies- lave -svt :its The city should be prevented frog extwWinq its subdivision 2S 9ess -1 hen -6evr- tiles- s' el ev- eseh fs- satlteei *ed- ls- eenetei -ehe authority into the unincorporated area when either the county or the town has subdivision regulations in force. Nakinq this 26 subd ivfsfen-ef -land- equal- distance -fret- its- beendsries- within change will make extraterritorial provisions for subdivisions and zoninq consistent with each other.27 lhis -sees• 28 Subd. 6s 2. (TERMS OF REGULATION The standards and 29 requirements in the regulations may address without limitation: 30 the size, location, grading, and improvement of lots, 31 structures, public areas, streets, roads, trails, walkways, 32 curbs and gutters, water supply, storm drainage, lighting, 33 sewers, electricity, gas, and other utilities= the planning and 34 design of sites: access to solar energy; and the protection and 3S conservation of flood plains, shore lands, soils, water, 36 vegetation, energy, air quality, and geologic and ecologic 2S 7/14/67 (COUNSEL ( OPM Scsee9 -S i features.. The regulations shall require that subdivisions be 2 consistent with the wee "ietpe *stT +s official map s!- 0"0- 0sists 3 end -tts toning ordinance, end- meT- tegtile -eens :scene? -•ieh and 4 other official controls of the local S covernment unit The regulations may prohibit certain classes or kinds of 7 subdivisions in areas where prohibition is consistent with the 6 comprehensive plan and the purposes of this section, 9 particularly the preservation of agricultural lands. The 10 regulations may prohibit, restrict or control development for 11 the purpose of protecting and assuring access to direct sunlight 12 for solar energy systems. The regulations say prohibit, 13 restrict, e: and control surface, above seefece air space or 14 subsurface development !st- the tpese- el- preteeeiRq- ssbsaelaee 1S • roe se - e: 4stirq- ee- peee weie4- m4red- sndee!lesnd -speee 16 deeepmeRt -'+ rose snt- ts - seeeens•4Plht63- ee- 1360tlP and eeeess 17 theeete. The regulations may prohibit the issuance of building I$ permits for any tracts, lots• or parcels for which required 19 subdivision approval has not been obtained. 20 The regulations may permit the m*afeipe4fty local 21 government unit to condition its approval on the construction 22 and installation of sewers, streets, electric, gas, drainage, 23 and water facilities, and similar utilities and improvements or, 24 in lieu thereof, on the receipt by the my " *efpe *itt local_ 2S aovernsent unit of a cash deposit, certified check, irrevocable 26 letter of credit, at bond in an amount and with surety and 27 conditions sufficient to assure the m:un*cipeS *tt local 28 9ov_ernn„ntu= that the utilities and improvements will be 29 constructed or installed according to the specifications of the 30 munfefMSftt local government unit The regulations may permit 31 the msn4e4MSfty local government unit to condition its approval 32 on compliance with other requirements reasonably related to the 33 provisions of the regulations and to execute development 34 contracts embedtfnq containing the terms and conditions of 3S approval. The munfe *pe *itt local government unit may enforce 36 such the agreements and conditions. by appropriate legal and 26 7/14/67 tCOUNSEL I OPM SCS889 -S There is no language in the section on subdivisions which provides for or requires the return of funds dedicated for parks or public use if the subdivision is not approved. Moreover,. current legislation doss not specify that.dedication funds say be collected in cases where commercial or industrial buildings, apartments, or single family dwellings are built on existing lots not approved through normal subdivision procedures. Require the payment of funds for parka or public use only after the subdivision has bean approved but prior to film Also provide that local governments say collect a desdica on fee at the time a building permit is issued for projects not requiring subdivision approval. M.s. 4m m subd. 2b allows a city to require in its subdivision regulations that each subdivider dedicate land or an equivalent amount of money for public use. h growing number of local govermants would like to use the money for development rather than land acquisition. Rowever, many local governments do not believe the law is clear on this matter. In addition no such provision is included in the county planning law. 8! . insert language in the law that makes it clear that local governmental units say use the money dedicated for parks for either acquisition or development. i 1 equitable mmedies. 2 subd. sb 3. (OEOICATION.I The regulations may requite that 3 a reasonable portion of any proposed subdivision will be 4 dedicated to the public before the subdivision is filed or S preserved', deve1oged for public use as streets, roads, i severs, electric, gas, and water facilities, storm water 7 drainage and holding areas or ponds and similar utilities and improvements. to addition, the regulations may require that a reasonable 10 portion of any proposed subdivision will be dedicated to the 11 public after the local government unit has certified final 12 approval of the subdivision applic or preserved and 13 developed for public use as parks, playgrounds, trails, or open la spacet - thsl - tai . When establishing the reasonable IS portion to bt_ dedicated, the regulations may consi the open li space, park, recreational, or common areas and facilities which 17 the applicant proposes to reserve for the subdivis The 1• local government unit must reasonably determine tha it is 19 necessary to acquire that portion of land for the purposes 20 stated in this paragraph as a result of approval of the 21 subdivision. 22 The sunie*'si4e7 local government unit say choose to accept 23 an equivalent amount in cash Eros the applicant for part or all 24 of the portion required to be dedicated to such public uses or 2S purposes based on the fair market value of the land eye- +seer 26 then- to be paid after the time of final approval, tut -snT 27 essh- pet+ genes- eteef• ed- shs be- pseed n a speeis lse+d - by - the 28 mmn*eipe *itt but before filing of the subdivision. The local 29 goverment unit shall place all cash payments in a special fund 30 to be used only for the purposes for which the money was 31 obtainedv- tef- *a- estabiieh * njj- the -tee sensbie- portion -to-be 32 dedaestert- the- legsstiens -war - eensidee the - epee spseev - paekt 33 retreattenav- se- eewsen- mites- end- fseisilses •hieh the sp*sesne 34 'lepsses- le- reserve -fee- the- ssbdtvissen and - tdt - the 3S sue+ *e *peiitt- teasenabit- determines - that - *t - wits - need to *egvire 36 lhst- peelien -el -mend -let- the- pvrpeses- stated - fh - thss - petsleaph 27 7/14/87 (COUNSEL 1 OP11 SCS889 - In the case of dedicated land current language is unclear regarding what constitutes acceptance of the dedication. In addition it is unclear what constitutes acceptance in cases where the unit of government approving the subdivision is not the unit at gowrnment who will receive the dedication. daLloa Insert language which requires that formal acceptance does not occur until the local government has passed a resolution accepting the dedicated land. Also insert language requiring that the jurisdiction doing the approving must get a resolution from the government receiving the dedication in order for the dedicated land to be officially accepted. i rs - a- eese6t- e!- rre•ri -el the ssrdt•isiee. 2 It dedication o! pro arty is required, t local government 3 unit approving the plan must accept the dedication by resolut:on 6 or contract with another local govermm*it unit. The dedicat S property must be accepted by resolution of t rece1v :nq loca 6 government before the subdivision plan may be filed for 7 recording. Dedication is effective when the subdivision plan is 8 Tiled for recording. 9 Subd. 3r 4. (PLATTING.1 The regulations may require that 10 any subdivision creating parcels, tracts, or lots, shall be it platted. The regulations shall require that all subdivisions 12 which create live or sore lots or parcels which are 2 -1/2 acres 13 or less in size shall be platted. The regulations shall not 16 conflict with the provisions of chapter SOS but may address 1S subjects similar and additional to those in that chapter. 16 Subd. 9b S. (REVIEW PROCEDURES-1 The regulations shall 17 include provisions regarding the content of applications for is proposed subdivisions, the preliminary and final review and 19 approval or disapproval of applications, and the coordination of 20 such reviews with affected political subdivisions and state 21 agencies. The regulations may provide for the consolidation of 22 the preliminary and final review and approval or disapproval of 23 subdivisions. Preliminary or final approval say be granted of 24 denied for parts of subdivision applications. The regulations 25 say 40*9ate provide for delegating the authority to review 26 prepssais approval or disapprove applications for some or all 27 categories of subdivisions to the planning commissions- but -lsftrt 2• • p *re•s- ee- dfsappre•e- sha -be- the- deafsfe - el - the e•ernf 29 bent -el- ehe- nnieipaitT- eRiess- ether•fse•pte•ided bT is• - ee 30 eAaeteev lh retsiatiens sheii regs4re- ghee r - peb }i herring 31 shrii -be- held -en- rib- sebrf•isfen- rppiertisns prier - ee 32 pteiisfnrlT -r pore• riT- sniess- sthee•se pte•fder bT 6r• - ee 33 ehrrteer-- lhe I+eezing- shaii -be- held- leiie•iRg pebiseaeieA - e! 36 netfea - the - tie e - rna pirea eheree l in the•elfieiri ne•spapee 3S st • iesst ten drys•befere ehe - dry - el - the herein9T - - At - the 36 hear snt y- aii -per sene -snte reste d- sheii -be- given aR eppettunitl - te 28 7/14/47 (COUNSEL I OPM SCS689 -S The 120 day review period required for preliainary approval 1 make- Peesentatsens or to the chief administrator of official of a subdivision plat is not lonq enough for some local govern -s+ents because they often seat only once a month. Vet, according 2 controls. The notice and ublic hearing requirements specified to the law they are expected to send notices for public hear! nqconductthepublichearinq, provide for planningp commission 3 in section ... must be net before preliminary approval may be revive ve , and alloy tine for review and approval body within the 120 day period. by the governing granted for any subdivision application A subdivision atSimltO4LL0a S application shall be preliminarily approved or disapproved Insert new language which requires that a final decision must be 6 within 120 days following deli• etT- el aR apptiest :en eempieeed made within 120 days of the start of the public hearienvironmentalassessmentoranenvironmentalimpactstatement 7 R- comp!: anee-« rsth- eht- wsn :espa- sedinsnee -bT- ehe- appsesne -ee required in which case approval would be within 30 days of theapproval.of the US or the tAM..the- weRjespaisty the commencement of the public hearing 9 unless an E.I.S. or E.A.W. is required by section ..., in which 10 case the application shall be preliminarily approved within 30 11 days after final approval of the E.I.S. or E.A.W. or an 12 extension of the review period has been agreed to by the 13 applicant. 11heR a- d •isieR- el- sbds•ssieR- ee - whseh - ehe 14 rojejet *gas -el- ehe- asRSesPa tt- de- Ret- appit -is- presented -te -ehe 1S eetr ehe eetle•e! ehe menie }set s •!thin - teR - dais is Corti ly - that - the- subdi•ssseR- lega *at fens - - the- mtenieipaiity -de 17 net- epp *y -to- the- pertieeiar- divissenv The applicant may also 18 agree to an extension of the 30 -day period following the final 19 approval of the E.Z.S. or E.A.W. 20 If the nvaietpeiity local governing body or the responsible 21 agency of th avnfefpeiity local government unit fails to 22 preliminarily approve or disapprove an application within the 23 review period, the application shall be deemed considered 24 preliminarily approved, and upon demand the avnieipek *ty 1= 2S government unit shall execute a certificate to that effect. 26 following preliminary approval the applicant may request final 27 approval by the ieensespe *itt local government unit and upon 28 leek - request the vniespakity local government unit shall 29 certify final approval within 60 days it the applicant has 30 complied with all conditions and requirements of applicable 31 regulations and all conditions and requirements upon which the 32 preliminary approval is expressly Conditioned either through 33 performance or the execution of appropriate agreements assuring 34 performance. If the auRsesps *ity local government unit fails to 3S certify final approval as so required, and if the applicant has 36 complied with all conditions and requirements, the application 29 7/14/87 (COUNSEL 1 OPM SC5e89 -s The currant legislation is unclear concerning whether local governments can exempt certain subdivisions from the subdivision platting regulations. Insert new language that specifically states that subdivisions not required to go through the normal subdivision platting procedures must be so certified by the chief administrative officer within 10 days of having received such application. In subdivision 4a of K.S. 462.358 dealing with the disclosure by seller and buyer's action for damages, it is not clear what the consequences are for failing to comply with the provisions listed that relate to the conveyance of land which has not bean previously recorded. dation Lanquaqe should be added which provides a remedy for failure tocomplywiththissectionofthelaw. Such language should spelloutthatfailuretocomplywiththeprovisionsinSubd. 4a Willinvalidatethesubdivisionandthesale. This subdivision asamendedshouldalsoapplytocounties, i shall be deemed considered finally approved.. and upon demand the 2 meAiei'eSfty local government unit shall execute a certificate 3 to that effect. After final approval a subdivision may be filed 4 or recorded. S When a division or subdivision to which the rag-j:ations of 6 the local government do not apply is presented to the local 7 Government unit, the chief administrator of official controls I shall certify within ten days that the subdivision regulations 9 of the local government unit do not apply to the particular 10 division. 11 Subd. 9e 6. (EFFECT OF SUBDIVISION APPROVAL.) For one year 12 following preliminary approval and for two years following final 13 approval, unless the subdivider and the manieipe *ity local 14 government_ unit agree otherwise, no amendment to a comprehensive 1S plan or official control shall apply to or affect the use, 16 4e•e *epme "t density, lot sise, lot layout, or dedication or 17 platting required or permitted by the approved is application. The 19 menfevpei4tt local governmentunit, may extend the period by 20 agreement with the subdivider and subject to all applicable 21 performance conditions and requirements, or it may require 22 submission of a now application unless substantial physical 23 activity and investment has occurred in reasonable reliance on 24 the approved application and the subdivider will suffer 2S substantial financial damage as a consequence of a requirement 26 to submit a new application. In connection with a subdivision 27 involving planned and staged developsent, a mun*eipeiity lo_ cal 28 government unit say by resolution or agreement grant - the - eights 29 eelerted -to- hereon extend the period for such- perfeas- el -t *me 30 longer than two years wh *eh as it determines to be reasonable 31 and appropriate. 32 Subd. `e 7. (OISCLOSURZ BY SELLER= BUYER'S ACTION FON 33 DAMAGES.) A person conveying a new parcel of land which, or the 34 plat for which, has not previously been filed or recorded, and 3S which is part of or would constitute a subdivision to which 36 adopted auniefpe* subdivision regulations apply, shall attach to 30 7/14/61 _ (COUNSEL 1 OPM SCSO89 -S Re.terences to practical difficulty, particular hardship, and unnecessary difficulty are common throughout the municipal and county planning laws. This creates confusion and should be remedied. The intent of the suggested change is to provide a standard that is consistent and more closely reflects common practice. Rcomwndation In Subd. to insert the term, *undue burden" in place of unnecessary hardship* and provide for certification by the chief administrative officer. ti1ing and RacordingC_ on_yannc_es There is no language in the county planning law pertaining to the filing and recording of conveyances, yet the municipal law contains a fairly complete section on this issue. Rgconmandstion Ensure that the procedures for filing and recording conveyances also apply to counties. For simplicity these procedures could be contained in a single section. 1 the instrument of conveyance either: (a) recordable 2 certification by the eiett- sl- tl+e•ms++ie:'aiitt chief 3 administrator of official controls that the subdivision 4 regulations do not apply, or that the subdivision has been S approved by•ehe Oe•e :++: *0 dsdl or that the restrictions on the i division of taxes and filing and recording have been waived by 7 resolution of the governing body of the sunieipekitt local 1 government unit in this case because compliance will create 9 an unnecessary - hardship undue burden and failure to comply will 10 not interfere with the purpose of the regulations; or (b) a 11 statement which names and identifies the location of the 12 appropriat* mun*cipss local government unit offices and advises 13 the grantee that menieipsi subdivision and zoning regulations 14 may restrict the use or restrict or prohibit the development of 1S the parcel, or construction on it, and that the division of li taxes 'and the filing or recording of the conveyance may be 17 prohibited without prior recordable certification of approval, 18 nonapplicabllity, of waiver from the mvftsetp4k *t7 governing 19 body In any action commenced by a buyer of such a parcel 20 against the sellet thereel, the misrepresentation of or the 21 failure to disclose material facts in accordance with this 22 subdivision shall be grounds for daaages invalidation of the 23 sale, or both If the buyer establishes his right to 24 damages, sale invalidation, or both, a district court heaesM 25 the - enter may in its discretion also award to the buyer an 26 amount sufficient to pay all or any part of the costs incurred 27 in maintaining the action, including reasonable attorney fees, 28 and an amount for punitive damages not exceeding five pee- eeatsa 29 recce. nt of the purchase price of the land. 30 lubd. er 1. (RESTRICTIONS ON MING AND RECORDING 31 C0WjZYANCtS. In a pRsefpe } *tt local government unit in which 32 subdivision regulations are in force and have been filed or 33 recorded as provided in this section, no conveyance of land to 34 which th regulations are applicable shall be filed or recorded, 3S it the land is described in the conveyance by metes and bounds,. 31 unless the chief administrative officer for official controls 31 7/14/87 1COUNSEL I OPM SCS889 -S Soso subdivisions say be approved even though they have not followed normal subdivision platting procedures as previously recommended in H.S. 462.358 subd. 3c. subdivision 4b does not currently provide for this situation anq will be confusing unless changed. Insert language that is consistent with M.S.662.358 Subd. 3c and which provides that a conveyance may be filed and recorded if the chief administrative officer for official controls has c*rtifLed the the conveyance has resulted in an approved subdivision. There is a need for further clarification regarding when certain parcels say be exempted from restrictions on filing and recording conveyances. Make appropriate changes to clarify the legislation and also ensure that the language applies to counties. 1 has certified that the conveyance has resulted in an approved 2 subdivision, of by reference to an unapproved registered land 3 survey "do after April 21, 1961 or to an unapproved plat made 1 after seeh the regulations become effective. Vhe- feeegesng S peevfsien This subdivision does not apply to a conveyance if the 6 land described: 7 (1) was a separate parcel of record April 1, 1945 cc the date of' adoption of subdivision regulations under Laws 1945, 9 Chapter 287, whichever is the later, of of the adoption of 10 subdivision regulations pursuant-to under, a hove rule charter, 11 or 12 (2) was the subject of a written agreement to convey 13 entered into prior to such this time, li (3.) was a separate parcel of not less than 2 -1/2 acres in 15 area and ISO toot in width on January It 1966, or 16. (4) was a separate parcel of not less than five acres in 17 area and 300 toot in width on July 1, 1980, or l8 (S) is a single parcel of comercial or industrial land of 19 not less than five acres and having a width of not less than 300 20 feet and its conveyance does not result in the division of the 21 parcel into two or more lots or parcels, any one of which is 22 less than five acres in area or 300 foot in width, or 23 (6) is a single parcel of residential or agricultural land 24 of not less than 20 acres and having a width of not less than 25 S00 feet and its conveyance does not result in the division of 26 the parcel into two or sore lots or parcels, any one of which is 27 less than 20 acres in area or S00 feet in width. 28 In any cast in which compliance with the foregoing 29 restrictions will create an unnecessary - hardship undue burden 30 and failure to comply does not interfere with the purpose of the 31 subdivision regulations, the p*etesng- authGr *ty governing body 32 hay waive such compliance by adeptsen -et-e resolution to -tkat 33 effect and the conveyance may then be filed et and recorded. 34 Any owner or agent of the owner of land who conveys a lot of 3S parcel in violation of the provisions of this subdivision 36 shall fetfeft -and pay to the manteipaisty local government unit 32 7/14/87 (COUNSEL 1 DPM SGS8a9 -S 1 a 'eneitr fin@ of not less than $100 for each lot or parcel so 2 conveyed. A tinfespasftt local government unit may enjoin see 3 the conveyance or May recover seeh per+atty the l ine by a civil s action in any court of competent Jurisdiction. S subd. S 9. (PERMITS.1 except as otherwise provided by this 6 section all electric and gas distribution lines or piping, 7 roadways, curbs, walks and other similar improvements shall be 8 constructed only on a street, alley, or oth public way or 9 easement which is designated on an approved plat, or properly 10 indicated on the official map of the wenieipekitl lo_ 11 oovernment unit or which has otherwise been approved by the 12 governing body. When a msRieipeiitr local government unit has 13 adopted an official map, no permit for the erection of any 14 building shall be issued unless the building is to be located 1S upon a parcel of land abutting on a .street or highway which has If been designated upon an approved plat or on the official map or 17 which has been otherwise approved by the governing body, and 11 unless the buildings conform to the established building line. 19 This limitation on issuing permits shall not apply to 20 planned u_ developments approved by the governing 21 body pursuant -te under its toning ordinance. No permit shall be 22 issued for the construction of a building on any lot or parcel 23 conveyed in violation of the provisions of this section. 24 SeN*- 6•-- fVAAMORSvi - sebdivfs *sa- role ietseRS -mar-provide hers is no definition of hardship in the section on 2S for the- role *at ions -ss- they- spp -te variances to subdivision regulations, subd. 6 or K.S. 462.358. 26 speeilie- properties- •here- sn- sRS sea* -he rdship -en- the -tend 27 esirstsr- bl- vsrisnees- war -be- granted- eRtr -epeR- the- speeilie Rasove the reference to variances hat is currently !mend in thee smction of the law dealing with subdivision regulations. There 28 sea t- herdshif should be a separate section in the law that is devoted solely to variances and procedures for granting thus. This section 29 fne *odes r- bet - not **a*ted- ter- fnsdmPate- access- te- dfreet should also include a definition of hardship. 30 smntfght- !e *- sets :- enelgr- systems• 31 ubd. 9 10. (VACATION.) Th governing body e! -e 32 NRfefNtitt mar vacate any publicly owned utility easement er 33 boulevard reserve or any portion thereely - which -ere of 34 utility easement, or reserve that is not being used for sewer, 3S drainage, electric# telegraph, telephone, gas and steam purposes 36 or for boulevard reserve purposes, in the same spanner as 33 7/14/17 (COUNSEL OPM SCSt89 - i vacation proceedings ace conducted for streets, alleys and other 2 public rays under a hose rule charter or other provisions of law. 3 A boulevard reserve weans an easem*nt established adjacent 4 to a dedicated street for the purpose of establishing open space S adjacent to the street and which area is designated on the i recorded plat as "boulevard reserve ". 7 Subd. s 11. (PLAT APPROVAL UNDER OTHER LAWS.) Nothing in I this section is to be ccnstrued as limitation on the authority 9 of senieipeitses local government units which have not adopted 10 subdivision regulations to approve plats under any other 11 provision of law. 12 Subd. ! 12. (UNPLATTEO PARCELS.) Subdivision regulations 13 Of a local government unit may apply 14 to parcels which are taken from existing parcels of record by 15 metes and bounds descriptions, and the governing body or li building authority may deny the issuance of building permits to 17 any parcels so divided, pending compliance with subdivision is cequiations. 19 Subd. *0 12. (LIMITATIONS.I Nothing in this section shall 20 be construed to require a muRfeipe *fty local government unit to 21 regulate subdivisions or to regulate all subdivisions which it 22 is authorised to regulate by this section. 23 24 Sec. 12. ( (EXTRATERRITORIAL AUTBORITY.) 2S Subdivision 1. (ZONING REGULATIONS.) A home rule charter There are inconsistencies in the application of subdivision 26 or statutory city may by ordinance extend the applicati of its controls and zoning controls in the fringe area of the city. Subdivision controls may be extended up to two miles into the 27 zoning regulations to unincorporated territory located within up unincorporated area of the county even if the county has sub division controls. However, toning may not be applied in this 21 to two miles of its limits in any direction but not i a county area if either the county or the township has zoning controls in 29 or tarn which has adopted toning regulations or in a county or force. gecoma.nditice 30 town represented on a joint planning board created u section It is recommended that extra territorial controls be combined 31 0 that hat adopted toning r which include that into a single but separate section of the law. It is also recommended that the requirements for zoning and subdivision 32 territory; provided that where two or mors_noncontiquous cities control be consistent. 33 have boundaries less than tour miles apart, each is author 34 to control the soninq of land on its side of a line eMidistant 35 between the two noncontiguous cities unless a town c county in 36 the atfected area has adopted zoning regulations. Any City M 34 7/14/87 (COUNSEL I OPM SC58e9 -S Cooperative planning and regulation of land by city, county, and township government has long been a problem in the fringe area of cities (area within two miles of the corporate boundary). Legislation providinq for the creation of a Joint Planning !bard was passed during the 1942 legislative session to provide local government with a tool to deal with land use problems in the urban fringe. Where the Joint Planninq board has been attempted there hoe been a problem in gettinq members appointed and once appointed in getting their participation. 'Some of this say be due to a lack of understandinq of what the joint board can do, fear of givinq up control, or that the responsibilities are too threatening. Kake the creation of the joint planning body less threatening by giving local governments greater flexibility in how they are ereated.and what responsibilities they should have. It is recommended that this be handled in two phases. In the first phase the body created would be called a " joint advisory board•. It could be created by the passage of a resolution of one of the affected local governments. After passage of the resolution the other local governments would be required to participate. however, the joint advisory board would have no authority to prepare or adopt plans or regulatory controls. The only requirement is that they most together to discuss common issues and problems, review exist plans and controls and salve recommendations to the existing 1..&1 governments. In the second phase the body created would be called the joint planning board and would have basically the same powers as available to planning commissions under current law, i.e., prepare and adopt plans and controls, review conditional use permits, and sake recommendations to the governing bodies concerning land use issues affecting growth and development and amendment of plans and official controls. Initiation of this phase would require the passage of a ;resolution by two- thirds of the local governments participating on the joint advisory board. Require that the boundary within which the joint planning advisory board and the joint planning board will have jurisdiction may extend a maximum of one - quarter mile into the city. Also sake it clear that the area need not include the whole area within two miles of the city limits but may include any area within and up to two miles from the city limits. Require that the county provide staff to serve the two boards unless another arrangement can be worked out with the city or township. 1 thereatter enforce the regulations in the area to t sane 2 extant as if the pro2grty were situated within its corporate 3 limite until the county, town, oc_1o_int planning board adopts a i comprehensive zoning regulation which includes the area. S Subd. 2. (SUBDIVISION REGULATIONS.] A municipality :nay by 6 resolution extend the application of its subdivision regulations 7 to unincorporated territory located within up to two miles of its limits in any direction but not in a town or county which 9 has adopted subdivision regulations; provided that where two or 10 more noncontiguous municipalities have boundaries less than four 11 miles &art, each is authorized to control the subdivision of 12 land equal distance from its boundaries within this area. 13 16 Sec. 13. 46lT3SAS (394A.13) (JOINT PbANN3Ns ADVISORY 1S BOARD.) 16 dpeR- eege•se •l- e- here to *e -eha *tee- ee- seateeeey -esty 17 eese * *- se- eeeRl - -yew- beard- My- t•se *et *e- peesewted - - tM 1• county -mud *tot -el -the- county -of - the -of feated- terrstory -a -beard 19 she* * -be- •stab* *shed -le -one rat s•- p *aRRfRg -emtd- *end -use- Centto* 20 sutherfl - * R- eha- uR *m+eerpetaeed- area- wfth *n- tee- m* *es - el -eha 21 aetpKale- *}efts- el - e - eftjv -- the - beard - shot hs••- memMers - *R-a 22 number -do te to* ned - by- the- efttt- eseneyt -aad- law * - -loch 23 geeeltient * - uR *!- she ** - have -on- aqua*- nuabet -el- •*abets• - -lhe 24 meats• she**- N- sOlesrted- ltss- lhe- ge••rR *ng- bed *es- el -lht 2S a *ttt - age Rtyr- and- te•RT- -VpOR- request -el -mere- than- eRe- eeuntt - et 26 town- Meatd- te - eh •- eRineetpeated- moue - *chin -ors 27 mf *es - the- e•epsrale- * *a *es -el - sing *•- eity- the- parl -may 2• ateaee -sRe- Mee :d - rather than- a- sepera!•- board - let - each - county - 29 legit- +rfth- ages *- meaMtsh *p -!tea- each- al feet ad -lower Raente* 30 •mRflet - -lhe Mee *! - eha * *- sa :• -as- the- ge•atm *erg- belly - and- Meetd -•! 31 appea *s - amRd- edjesemeRts- lee- prpes•s - sect *CRS- ii3T3i * - i 32 IilT3ii- e'}th *R- the -e•re- of *•- at -!!+d- beard - eha * * - have- s * * - 33 !he- over;- eeneelRN- fn - seetfsRS- iiiT3S *- ls- iilT3ii -and -she ** 34 he•e- authe te - adept- end- eRleeae the- uR *lstm -! *ere -cede 3S prMe *got ad-put seen t -te- seat *en- l99 PTO i *T -- The - efty -she** 36 pteed•- sea!! -let- the - preparation -and- ads *n *setaee+- el - *eeRd - use 3S 7/14/87 (COUNSEL i OPM SCSee9 -S 1 te eta- •nese- etht!• agreed the ge•ernmefttat snits* - -6! 2 e- sen4ef4f fads - the - app }iese }sn - el - its ssbdi•isien 3 eesfsesens- es-• nfnesrpeeaetd •eerrsteer }eeaefd •sehsn - t•e -mimes 4 s!•ses fmses- peseant -te- stetson 166 4SAt - sebdi•isien - }sr S bole *e - the- ereatien -el -a- feint beards the subdt•tsten 6 efOtsliens- •hfeh- the- manseipasiet has ostended - sha }} - app }7 7 mitts * - the- ?efnt -board - adepts- ssbds•issen- rfj8 *at senst Subdivision 1. (CREATION.) tlequest of a local 9 government unit in the. designated area, by resolution presented 10 to the county auditor of the county or counties in the 11 designated area, an advisory board shall be established to 12 review existing and future land use issues affecting the 13 designated area or portion thereof identified in the 14 resolution. The board may make recommendations to any governing 1S body of a local government unit in the designated art &. The 16 number of board members shall be determined and appointed by the 17 local government units within the designated area or portion 16 thereof identified in the resolution. Each local government it unit shall_hav*_an equal number of members. 20 Subd. 20 (OESIGNATEO AREA.) "Designated area' means in 21 unincorporated areas the area within two silos in any direction The area in which the board is to have jurisdiction should be up to the individual boards to decide.22 from the corporate limits of a city and in incorporated areas 23 the area within one - Quarter silo of the corporate limits of the No recommandation on this issue. Current lanquage seems to be 24 city in which joint land use review or land use control fairly clear on this matter. 2S authority is considered necessary as identified in the 26 resolution requesting creation of the joint advisory board or 27 the joint planning board. 39 29 Sec 14. (JOINT PLANNING BOARD.] 30 Subdivision 1. (CREATION.) Upon presentation of a 31 resolution passod by two- thirds of all local government units on 32 the joint advisory board to the county auditor of the county or 33 counties in the designated area, a joint planning board shall be 34 established and authorised to develop plans and land use 3S controls. Membership on the joint planning board shall be the 36 same as the joint advisory board. 36 7/14/17 (COUNSCL I DPM SCSe89 - Tbsrs seer to be some confusion regardsng who will !save isnrisdiction is the urban fringe area it a joint planning board areated. aLit The legislation should clearly spell out that the affected cities, counties and towns will retain authority in the fringe area but that once all of than approve the plan and official controls recommended by the joint planning board they oust revise their existing plans and official controls accordingly. o_ isi N An official sap is another tool available to local governments to help implement the comprehensive plan. It permits the local goverrawnt to preserve land from development that will be needed for future street and highway purposes and as sites for other necessary public facilities and services such as parks, libraries, and police and fire stations. The official sap has not been used very often due in part to a lack of interest but more likely due to a lack of under- standing because of the complexity of the procedures necessary to put an official sap in place. BsNii Simplify the procedures necessary for implementing the offical sap by removinq the requirement to adopt a thoroughfare plan and community facilities plan before adopting the official map. Instead permit the local government unit to adopt are official sap after they have adopted a comprehensive plan as defined in the definition section and which is required before adopting zoning regulations. The definition of the official sap should also be simplified by removing reference to counties in the metropolitan area since the authority to establish official maps exists for all municipalities and counties. 1 Subd. 2. (AUTHORITY.I The joint planning board shall serve 2 as the Dlanning commission for purposes of sections 462.3Si to 3 662.361 within the designated area. Adoption and amendment of 4 plans and official controls and any other board action shall be S by resolution of a majority of all members of the pl 6 board. All board actions and recommendations must be acted upon 7 by each local government unit represented on the joint planning board within 6S days of receipt of recommendation.. If plans and 9 official controls adopted by the board are approved by all local 10 governments represented on the board, plans and ordinances 11 currently in effect must be revised to reflect the board's 12 recomendation. 13 Subd. 3. (DISSOLUTION.) The Joint planning board stay be 14 dissolved upon presentation of a resolution passed by two- thirds 1S of the-governments represented on the board to the county 16 auditor of the county the designated area. 17 Subd. 4. (STArfING.I The county shall'orovide stiff to 19 assist the joint advisory board and the joint planning boar in 19 carrying out their duties as specified in sections 13 and It 20 unless otherwise agreed by the local government units. 21 22 Sec. 1S. (394A.14) (OFFICIAL MAP 23 Subdivision I. (STATF.KFNT Or PuRPOSE.I Land that is needed 24 for future street andhighway purposes and as sites for other 2S necessary public facilities and services is frequently diverted 26 to nonpublic uses which could have been located on other lands 27 without hardship or inconvenience to the owners. when this 28 happens, public uses of land say be denied or may be obtained 29 later only at a prohibitive cost or at the expense of 30 dislocating the owners and occupants of the land. 31 Identification on an official sap of land needed for future 32 public uses permits both the public and private property owners 33 to adjust their building plant equitably and conveniently.before 34 investments are made which will make such adjustments difficult 3S to accomplish. 36 Subd. 2. (ADOPTION.) After the pSsnnin!- •geney- has-•ispeN 37 7/14/87 iCOUNSEL I OPM SCSS89 -5 The law does not clearly spell out how affected parties are to be notified. A standard notice requirement should be established for all land us* determinations. The notice should include a description of affected property owners for each type of determination to insure adequate notice. The law currently requires a center line survey when an official sap has been prepared in unplatted areas. This has had a stifling effect on the use of the official sap by both counties and cities because of the high cost of this survey. Allow the local government to adopt an official map without a center line survey but require a center line survey when the city receives an application for a building permit or upon the initiation of condemnation proceedings. There is no current requirement that an affected city or town be notified when an official sap has been adopted. The legislation should be amended to require that an official sap will be furnished to each affected town or city once an official sap has been adopted. This will be addressed in the section on filing and should be the same as that required for coaprahansive plans and zoning ordinances. l e- uSer• thereughfa: e- p} an- asd s laei }ities p }eRS -se 2 •ayT- f -tMe- purpose- el- eseetsng•eue one - pe }lases - et - ehe -maker 3 theeeughl art -Dian- and -eewwentty- fees }safes - p }any prepare -and s local government snit S has adopted a comprehensive plan, it may adopt an official :map 6 covering the entire MUR*Cspa}ier local government unit or any 7 portion thereof. the -ge• truing- belt - wet•- after- hedsng- s- pQb }ie heseingr- adept -mad- amend- ehe- s!lseie }- map- bT erdinaneeT - -A neliee - the•r - piece - end• per el ehe - hee : :ng she } } - be 10 pub* fshed - }a- ehe- effiesai- ne•spaper -ef- the- menie *pat itl -et- }east 11 ten -days- prier -te- the - date -of -the - hem ring T The governing body 12 may adopt and amend.the official M only after the notice and 13 public hearing requirements specified in section ..... are met. 14 The official map or maps shall be prepared in sufficient detail 15 to permit the establishment of the future acquisition lines on 16 the ground•-- ln•snp }sited- areas- e- aiRiaew -ef -a -acute :line- ser•el 17 shah } -heave- been - made- pr }er - te- the -pr ape rat ion -ef- the -final -draft le *f- the- elffefef•map provided that - & survey by a registered land 19 surveyor, at the a :Dense of a local government unit or the 20. Mate, shall be necessary only upon application for a building 21 permit or upon initiation of condemnation proceedings When 22 survey is required, the accuracy of the future acquisition lines 23 shorn on the official sap shall be attested to by a registered 24 land surveyor. After- aeptienr- a- eepl -ef- ehe- effieisi- mar -er 2S sestfena - theree! - nth a- eepy -sf- the - adapting- erdinaeee- aeteehN 26 sha66 -be -f} fed -use ohs- eeuatt- eeeerder- as- pte•ided- fn- seeeies 27 441viSi- te - d61T664T A cop of the official map shall be 28 furnished to the city or town clerk of each affected city or 29 town. 30 subd. 3. (ErEFCT.) After an official map has been adopted 31 and filed, the i of building permits by the munieipe * *ty 32 local government unit shall be subject to the provisions of this 33 section. Whenever any street or highway is widened or improved 34 or any now street is opened, or interests in lands for other 3S public purposes are acquired by the aenieipek local 36 government unit it is not required in- seeh proeeedings to pay 38 7/14/67 (COUNSEL I DPH SCSO89 -S Appeals The appeals procedures for offical saps and for that mattes all land use decisions should be placed in one uniform section. Amendments The amendment process for offical saps should be placed in a single section that also includes the comprehensive plan and other official controls. Current language which requires the filing of every ordin- ance resolution, sap, regulation adopted, of variance granted does not include conditional uses. Language requiring that conditional uses be filed is in a different section of the statutes. This seems unnecessary and could be clarified by a simple amendment Add a new subdivision to ![.5.462.36 that will provide for the recording of variances and conditional uses in a single section of the law. This subdivision should apply to counties and cities since it is not necessary to have separate sections for both levels of government. 1 for any building or structure placed without a permit or in 2 violation of conditions of a permit within the limits of the 3 sapped street or highway or outside of any building line that 4 may have been established upon the tsisting street or highwa S within any area thin identified for public purposes. The 6 adoption of an official sap does not give the man*eipeiity local 7 government unit any right, title, or interest in areas I identified for public purposes thereon, but the adoption of the 9 map does authorize the enseipa }itt local government unit to 10 acquire such interests without paying compensation for buildings 11 or structures erected in sueh areas without a permit or in 12 violation of the conditions of a permit. 13 14 Sec. 16. (394A.1SI (CONDITIONAL USE.) is Subdivision 1. (AUTHORITY.) The beard governing body may 16 by ordinance designate certain types of deve }epsentsy- ine }adiAg. 17aAAed- eAie- deveiepsents land use and certain land development is activities as conditional uses under soning regulations. 19 Conditional uses may be approved upon a shoving by an applicant 20 that standards and criteria stated in the ordinance will be 21 satisfied. fteh The standards and criteria shall include both 22 general requirements for all conditional uses and, insofar as 23 Praet *esb }e possible requirements specific to each designated 24 conditional use. All standards and criteria shall be stated in 2S specific terns,. to provide meaningful guidance to an applicant 26 and the approval authority and shall be stated in quantitative 27 terms when possible. 28 Subd. 2. (pitoCEDURts.I Conditional use permits shall be 29 issued by the. officer administering the official controls only 30 upon the order of !ht- beard -se the planning commission or 31 governing_ as designated by ordinance as the approval 32 authority for one or more categories of conditional uses. the 33 ' } aAAfAg- terfssfeA- shah- fA- • } }- }nseanets Rave aA eppselsAitt 34 -decision- by-tho 3S des *gRsted- sppleve}- sstheestty In cases where the planning 36 commission is not the designated approval authority, the 39 7/14/57 (COUNSEL I CPH SCS889 -S Current legislative language does not contain a time limit for making a decision or issuing an order granting approval or denial of the conditional use. Et Insert language that requires that a decision must be rendered within 120 days after a properly completed application.for a conditional use permit has been submitted unless an EIS or EAM is required in which case the application shall be approved within 30 days following the approval of the LIS or ZAW. It has generally been assumed that the conditional use goes with the property. However, neither the county nor the municipal law states that this is so. The language in both laws should be amended to clearly state that the conditional use permit remains with the land regardless of how many times the land changes ownership. i application tot a conditional use shall be referred _to the 2 planning commission, if there is on*, for review and the 3 governing body say not make a decision on the application until 6 it has received the planning commission's written recommendation S or until 60 days have elapsed after the date of the referral. 6 If the planning board Makes a written recomme the 7 recommendation shall be binding on the governing body unless the governing body by a two - thirds vote of all of its members elects 9 otherwise. The designated approval authority shall make a 10 decision.and issue an order within 120 days after a properly 11 completed a placation for a conditional use permit has been 12 submitted unless an E.I.S. or E.A.M. is required by section ..., 13 in which case the application shall be preliminarily approved 16 within 30 days after final approval of the E.I.S. or E.A.W. or 1S an extension of the review period has been agreed to by the 16 applicant. The date that the application is received by the 17 office of the person charged with enforcing the zoning ordinance 10 shall be construed as the date of submission. A copy of the 19 order shall be immediately mailed to the applicant. Public 20 hearings shall be hold in- aeeerdence -with as required in section 21 99Ot6i In eenneetsen- wsth- erder4Rq the order for 22 issuance of a conditional use permit the designated approval 23 authority way impose such additional restrictions or conditions 26 as it deews considers necessary to protect adjacent properties 2S and the public interest, including but not limited to matters 26 relating to appearance, lighting, hours of operation and 27 performance characteristics. When appropriate, restrictive 26 covenants may be entered into regarding such these natters. 29 lubd. 3. (DURATION.) A conditional use permit shall remain 30 in effect for so long as the conditions agreed upon are 31 observed, provided that nothing in this section shall prevent 32 the beard governing body from enacting or &sending official 33 controls to make an 31 approved conditional use a nonconformity and subject to 3S additional requirements. Conditional use permits, once granted, 36 remain attached to the subject property regardless of 40 The municipal and county law are unclear on whether the permit lapses it the conditional use has been discontinued or not• put in place for 12 months or more. In addition current law does not provide local governments with authority to establish time limits. a Present law allow controlling criteria to be altered for allowed conditional uses, should a problem develop. However, it is also suggested that language be inserted stating that the conditional use permit lapses it the condition agreed to have not been implemented within 12 months of application. The current legislative language does not provide for any review or appeal of a conditional use decision. daLw Insert a new subdivision to be titled wneviw" which provides for a review and appeal procedure by any person, board or political subdivision within 30 days. Public hearings are required to be held before adopting or sending the coaprahansive plan or regulatory controls such as the xoninq ordinance or subdivision requlations. There are essentially two purposes for holding a public hearing. The first is a legal purpose providing the applicant with a oppor- tunity to present his case (due process). The second is to provide information to the public on the case and also to provide an opportunity for public involvement in the decision sakinq process. The language referring to public hearings is located in several places in the municipal planning law. For example, public hearing requirements are mentioned in the sections on subdivision requlations, comprehensive plan, zoning ordinance, and board of adjustment. Public hearing requirements in the county planning law are located in one place. Incorporate all the lanquage dealing with public hearings into a single section of the law. The procedures for public hearings are different in the two laws. nda ton Where possible and appropriate combine the various city, county,and township requirements and procedures for public hearings. 7/14/67 (COUNSEL ) OP!! SCSS09 -S I ownership. It the conditional use has been discontinued or not 2 ujut in place for 12 months or more the permit lapses. An 3 amendment to the original conditional use permit may be required 4 for expansion at at changes to a conditional use. The S requirements for obtaining a conditional use permit must be met 6 before an &mendement to a conditional use permit may be.granted 7 Subd. 4. jRCVICW. All decisions by the designated 6 approval authority to grant or deny a conditional use permit 9 shall be final, except that any aggrieved person, or any 10 official, department, board, commission,.or political 11 subdivision of the state may, within 30 days of notice of the 12 decision, appeal to the district court. 13 14 sec. 17. 394 -r3i (394A.16) (PUBLIC RMINGS.) 1S Subr• -3a Subdivision 1 . (WHEN HELD.) 4R- additsen- te- pvb4fe 16 Reae4Rgs -rev led - bar- seetfeR- 33SYS6- prel -ts Public hearings 17 shall be held before the adoption by ordinance of any 18 comprehensive plan or uendments- thereee -er amendment, the It adoption of any official control or amendment theretaT- pub *ie 20 RearsRgs- shad- be- Aeid- belere the approval or denial of any 21 conditional use permit, any variance, and - ant- prepesat- Bel - or 22 subdivision 4s -ate :teed -•r- denied - the- :espeRSSb3e 23 aathelftyl flan and in circumstances where a public hearing is 24 otherwise required by sections 39 *vft..._ .. to 394TSP 2S 000.00 Such A public hearing for a conditional use permitt 26 variance, subdivision Qroposal, or an amendment to official 27 controls must be held within 4S days following the delivery of 20 an application completed in compliance with the municipal 29 ordinance by the applicant to the municipality, unless an 30 •stension has been agreed to by the applicant. The public 31 hearings may be continued from time to tine and additional 32 hearings may be held. 33 Subd. 2. (NOTICE.) Notice of the tise, place, and purpose 34 of any public hearing shall be given by publication in a 3S newspaper of general circulation in the town, mvn *e *pa * *ty city 36 or other area concerned, and in the official newspaper of the 41 7/14187 (COUNSEL I OPM SCS8e9 -S Neither the municipal law nor the county law is clear on who is rosponsible for ensuring that notices are distributed. In addition it is not clear to whom the notices should go in Quasi - judicial /legislative Matters. Specify that it is the responsibility of the local government through its planning coasission and staff to sake sure that notices regarding public hearings are sent to the appropriate people and in a timely manner. The distances within which notices are required to be sent are excessive in the case of variances in both cities and counties. to addition there are also problems when the local unit of government is required, as in the case of amendments to certain official controls like zoning and subdivision rogula- tions, to notify owners of record within one -half mile of the affected property. According to some county zoning administra- tors, this has resulted in confusion and in certain situations has required that virtually everyone in the county be notified. Another problem has been the practice of some cities who provide notification only to their corporate limits even though their say be property owners just outside the corporate limit that are within the 500 foot requirement. Reduce the distances required for notification in the case of official controls including conditional uses, variances, zoning regulations, and subdivision regulations from 500 feet to 350 feet or the nearest ten property owners in cities and unincorporated areas irrespective of jurisdictional boundaries. Notification should also be given to the adjacent local government units within 350 feet of the proposed action eampt counties where the adjacent land is within another city. 1 county, at lust ten days bef6re the hearingv- eneept- that - Rene! 2 e!- pebtt- hesr eeAneetfsA - •tth - ehe adepeieA bT erdsnoAee 3 s!- sAt- seepeehensf •e- p ton - er-am*"doenta- the reto.- er -adopt ieA -er d amendment-of - any - is *- enttre * s - she * * - be- gs•eR•iA- the z+oAAer S pes•f dad bT seetsA- 9 ;STSr•ssbdi•ssfeA - !. 9A- additiew -to. -the i reQsjremeAts- el- seet written notice of 7 public hearings held by the county on all official controls and amendments !hereto shall be sent to the governing bodies of all 9 towns and all municipalities located within the county. Written 10 notice of public hearings regarding the application of official 11 controls to specific properties, including but not limited to 12 conditional uses, variances# rezoning involving all or part of 13 one or more contiguous parcels of property owned by the same 14 person or persons or an area of less than five acres in IS incorporated areas and 20 acres in unincorporated ,ar_eas_, zoning li regs5at*one permits issued to owners of' land reserved for future 17 public use on the official as and subdivision :etv*al*eAs 18 approval shall be sent to all property owners of record 19 within SOO 3SO feet of the affected boundaries of the entire 20 property owned by the a2 licant that includes the subject 21 property n- Aeerpe :seen- seems t-- fA dAiAeerpOraeed- aressr - !he 22 + ref eeeA- selee- sha5- be- seA l- ee- peeperlr e•Aers as leewt 23 ts -fA- the - ease- el- •artsneesT- to.- erAers el eeterdwtAfm 24 S- feel- el- lhe a!leeeed- preptrett 25 - Cooditsene *- ssesr- ee- erAers - reseed 26 •fthsA sAe- +eareer- mse -e!- ehe - •fleeted- prepereT a * - to. - ehe - lel 27 preperlfes- Aeaeest - the -a!l feted- preptrer •hseheer - .esd 2• prs•de- Aetee -to.- the- 9reseese- Aaeeber- el ewAe :st 29 tee - the - ease el a5 * -el her- e!l *e *a *- centre *as tAeSsd*nj 30 r+ n!- ASt- smfted- ee- seAAg- regsateAS- sAd ssbdt•seA 31 red+ est4eASy le- wAers- el- reeerd- elhfA- one - hail eft! - el - ohs 32 a!!eeted- preperlt or to the ten owners of record of property 33 nearest to the boundaries of the entire property owned by the 34 applicant that includes the subject property, whichever would 3S provide notice to the greatest number of property owners_, 36 irrespective.of local government unit boundaries 42 The county planning law does not contain language claiming that, failure to give sailed notice to individual property owners does not invalidate the public hearing proceedings. The municipal law does. This disclaimer language should apply to counties also. This language could easily be contained in a single section of the lay that applies to counties, cities, and townships. Language requiring the recording of every ordinance, sap and regulation that is adopted is causinq unnecessary work for sow of* the county recorders. Koreover it is probably easier. for the general public to review toning ordinances, subdivision regulations, and comprehensive plans in the offices of the city which has prepared these documants. an Require the recording of only conditional use permits and variances. 1 7 /14/87 (COUNSEL J OPM SCS889 -S 1 Britten notice of hearings on conditional uses, variances, 2 rotanina zoning, and subdivision Plan APPrOV shall also be 3 given to the -a!l eeeed •rased- el- ee•n sepeevisevs end - the t stT- Vithsn- eWe- Mt *es -ef - the S •!!eeeed all local government units containing any part o the 6 subject property. Written notice must also be given to otner 7 local government units located within 3S0 feet of the boundar of the entire property owned by the applican that includ the 9 subject property if the property is located within an 10 incorporated area or one -half of a mile if the pro arty is 11 located within an unincorporated area. 12 The person responsible for sailing the notice may use any 13 appropriate records to determine the names and a of 14 owners. A copy of the notice and a list of the o and 1S addresses to which the notice was sent shall be attested to by 16 the responsible person and shall be made a part of t records 17 of the proceedings. Failure to give mailed notice to individual 18 property owners or defects in the notice does not invalidate the it proceedings, provided that a bona fide attempt to comply with 20 this subdivision has been made. 21 Subd. 3e 3. (ASSIGNMENT.] The beard governing body of the 22 local government unit may assign responsibility to conduct 23 public hearings for one or more purposes to the planning 24 camission, board of adjustment or any official or employee of • 2S the local 26 government unit 27 28 Sec. 16. 406T36 (394A.17] (CERTIFIED COPIES FILED WITS 29 COUNTY ' RDCORM . ) 30 Subdivision 1. (REQUIRED FILINGS.) A certified copy of 31 every ordinance or other official control adopted, includi any 32 supplemental maps or charts, shall be filed with the county 33 recorder and registrar of titles. Ordinances, resolutio 34 maps, or regulations filed under sections ... to ... do not 3S constitute encusbrances or real property. Failure to file does 36 not affect the validity or enforceability of the ordinances 43 4 Language concerninq whether it is necessary to file a compre- hensive plan with the school district or the watershed district is either lacking or unclear. Insert language that requires, in addition to the contiguous wunicipality, that school districts, watershed districts and the applicable county also receive copies of the comprahensive plan. 7/14/57 (COUNSEL ( OPM SCSee9 - S. 1 resolution, map, or regulation. 2 8rrdf9fs6on - i Subd_ 2 • ( M UIRtO blVMaMlS RECORDING. ) A 3 certified copy of every erdt Hence ,- resevtien,- mop,- regeaeien 4 sdeptedr conditional use pfrmit or variance granted -ender -the S Prow* s4eas- el- seet *Ono - 461.360- end- •61T3 SOS , including all 6 attached conditions and a legal description of &Elected 7 p_,rt_ shall be filed toe recording with the county 6. recorder or registrar of titles of the county or counties in 9 which the evnseipeisty local government unit, adopting it is 10 located. •edfRaeesT- reset •tiensT -sops,- legeetfens -er 11 verf• Rees -liied -With- the - county - recorder -per seent -te -this 12 •vbd4vfsien -de- net- esnst itvte- enevmbrenees- en - roe i- property* 13 !he- order - *saved -by- the- gevelnOn body- or -bee rd- el- •ppeei• -and 14 •dfesteents -es- the - ease - may- be,-she ii- sReiede- the - }cgs} 1S de99ription -el- the- pl eper ty- inve6vedT-- leiivre- te- liie -eR 1.6 e rd* ne ncov- re se ivt *env - Ypv- regeietfe varlaneel -er- order -sha ** 17 net - lest- sts- veiidfeT- el- enteeetabfifty• 1• Subd. 0 (FILING NIT! CONTIGUOpS PLANNING AUTSORITIZS.I 19 A copy of a comprehensive plan adopted- bl- a- pisrnfng-agency 20 endb!- ehg- plsvisf ass- el- seetfens 4i5T9si- te- tilT3i4 and official 21 controls adopted by the local government unit shall be filed 22 with the governing body of each contiguous mvniefpeiity loca 23 government unit and with the regional planning agency, if any. 26 established to serve the area in which the mvnistpeiirty local 2S government unit is located. 26 Subd. 0 4. (PLAT APPROVALS FILING.) Copies of resolutions 27 approving subdivision plats of land within a mvafe *pei *ty lo_ca_l. 26 government unit but contiguous to another msRteipeiity local 2! ogover_nment unit shall be filed with the governing body of the 30 contiguous mvnfetpeiity local government unit Copies of 31 resolutions approving subdivision plats of land outside 32 a mvnieipaitty local government unit but subject to its 33 subdivision roqulations shall be filed with the clerk of the 34 town in which the land is situated. 3S Subd. S. (09SIGNATION.) The.local government unit shall 36 designate by resolution the official or employee responsible for 44 7/14/57 - (COUNSEL ( GPM SCS859 -S 1 - sooting the requirements of this section. 2 3 Sec. 19. 591135 ()94A.181 (COOPERATION WITH nvN*e*PAb9l189 4 CITIES.] S Subdivision 1. (PLANNING AND ZONING SERVICES.) The 4 governing body of any mvn*eipa *ity city may contract with 7 the county board for planning and coning services to be provided by the countyv -end_ The contract say provide that the 9 mua4etpajtty city shall pay such toes as- ere - •greed for the 10 services performed. 11 Subd. 2. (JOINT PLANNING ACTIVITIES.j The contract between 12 the governing body of the men *eipbbsty city and the county _ board 13 say provide among other things for joint eeuaty- muaie *pab 15 county -city planning activities, or it say designate the county 1S board. as the planning agency for the munsespa * * ty city 16 Subd. 3. (COMPRENENSIVC PLAN AND OFFICIAL CONTROLS.] The 17 governing body of any mnfe *pas4ty city may request a county 15 board to submit to such the governing body a comprehensive plan 19 fat the meat@ *pe4fty city setting forth such provisions as 20 that the county board dooms considers applicable to 21 the mmn*e*Vs44ty city and for its best intorosts, or to include 22 the area.witeis the mua4e4*a *tty city in a countywide 23 comprehensive plan, or to prepare official controls to apply to 24 the area within the m*ft *of*at *ty city Notwithstanding the 2S adoption of the comprehensive plan and recommendations for 26 the muR *s4pe *4t7 city the plan and recommendations shall not be 27 binding until official controls are adopted by the muR *efpa *fty 25 city in accordance with the plan or until the county adopts 29 otfieial controls tot the areas within the incorporated limits 30 of the muafef*a54ty city when requested by the governing body of 31 the municipality. After the county adopts of controls for 32 areas within a =nfefps4ft7 cltY the county shall enforce the 33 controls unless the county and sun *etpetfty city provided. 34 otherwise by agreement. A ssnieipaj *ty. =y . say at any time, by 3S resolution of its governing body, take over planning functions. 36 including adoption and enforcement of official controls, with 45 7/18/57 (COUNSEL ) DPM SC5889 -5 Current language in the county planning law regardingenforcementiswordy, vaque, and unnecessary. AtInn Delete the sections in the County lenforcaaant (M-5.394o37 Subd. 1, 233 8s,) aandrtinsert to theenforcasantlanguagecurrentlyinthemunicipalplanninglaw.This should result in a single section on enforcement for bothcounties, and municipalities. LAMM The county planning law at the present time contains nolanquagetoquidsjudicialreview. This is becomminq more of aproblembecausefudgeshavebecomesuchacreactiverecentlyinlandusedecisions. The municipal law contains language on thistopicbutlacksjudicialreviewlanguageconcerningvariancesandconditionaluses. Bl4 It is recommended that the language in the city law regardingJudicialreviewalsoapplytocounties. This should be combinedintoasinglesectionofthelaw. In addition languageregardinqreviewproceduresforvariancesandconditional usesshouldalsobeaddedforbothcitiesandcounties. Again thisshouldbesinglesectionthatappliestobothlevelsofgovern -sent. i respect to areas within its corporate limits tar which a county 2 has adopted official controls. 3 1 Seca 20. 394•33 (394A.191 (RELATIONS WITH TOWNS. S subdivision 1. The governing body of any town including 6 any town with the powers of.a statutory city pursuant to law may 7 continuo to exercise the authority to plan and zone as provided 8 by law, but after the adoption of official controls for a county 9 or portion thereof by the board of county commissioners no town 10 shall enact or enforce official controls inconsistent with or 11 less restrictive than the standards prescribed in the official 12 controls adopted by the board. Nothing in this .section shall 13 limit any town's power to adopt official controls, including 14 shoreland regulations which are more restrictive than provided 15 in the controls adopted by the .county. Upon the adoption or 16 amendment of any official controls the governing body of the 17 town shall file a certified copy thereof with the county 18 recorder or registrar of titles for record. A certified copy of 19 any official controls of any town -which are in effect on August 20 1, 1978 shall also be filed by the governing body of the town 21 with the county recorder or registrar of titles for record 22 within one from August 1, 1971. 23 21 Sec. 21. 461T361 (394A.201 ( ENrOftCExAI+P! AND PENALTY. 29 A sunles'e3set local government unit may by ordinance 26 provide for the enforcement of ordinances or regulations adopted 27 under sections 4i1v9St_ to #i1T3i1- end - peeved•- pen43tsee 28 fer- •selstfew- there•! ... A s!!lfespelftt local goverment 29 unit may also enforce any provision of sections 468v3f3 to 30 #61.361 or of any ordinance adopted thereunder by 31 mandamus, injunction, or any other appropriate remedy in any 32 court of competent jurisdictione violation of sections ..... to 33 00000 is a misdeseanor. 31 35 Sec. 22. 461v3i1 (394A.211 (JUDICIAL REVIEW.) 36 Subdivision 1. (RM EII Or ACTION.) Any person aggrieved by 46 7/14/87 (COUNSEL 1 OPM SC5889 -S 1 an ordinance, rule, regulation, decision or order of a governing 2 body •e- besrhe!- iestaenes Ind- eppee acting pursuant to 3 sections 401T3Si to 401T304 say .have such the 4 ordinance, rule, regulation, decision or order, reviewed by an S appropriate remedy in the district court, subject to the 0 provisions of this section. 7 lubd 2. (EXHAUSTION Or REMEDIES.1 In actions brought under this section, a muA*csp43ity local government unit may 9 raise as a defense the fact that the complaining party has not 10 attempted to remedy the grievance by use of procedures available 11 for that purpose under ordinance or charter, or under 12 sections 401T3S *_. to 46IT304_. If the court finds 13 that such the remedies have not been exhausted, it shall require 13 the complaining party to pursue those remedies unless it finds is that the use of such the remedies would serve no useful purpose If under the circumstances of the case. 17 1•lee. 21. 401T304 (394A.221 (INCONSISTENT LAWS. 3. The county pl and aanici _ _ pal plann l a i OR l rq l 1l Inconsistent special laws and general laws of special i resistant not sp Mgtcontaininqlanguageoninooilaws, 20 application are superseded by sections 40ITSS *_.. to 401.304 inconsistent ors 21 to the extent of inconsistency. Nothing in Apply the provision of inconsistent laws to both oonntiw and a 22 sections SitTiSt,_ to 461T304_ is to be construed to Mnicipalities in a single section of ithi lawsAlw provide dofinition of what is m"nt by ircons 23 affect, alter or modify the provisions of Special Law of 1117, 24 chapter lost or Laws 1933. chapter 93. Laws are inconsistent 25 when a person or entity cannot comply with the terms of each. 2i 27 Sec. 24. 394.331 (394A.231 (RSbltlfBN-lB-elSER-!@tN!! 2•Ad!l Mf" EXTENSION Or _TIMt FOR COKPLIANCt 1 29 subdivision I. (OFFICIAL CONTROL!.) All official controls 30 in effect on August If 0994 19_ s8 shall remain in full force and 31 effect until amended or repealed •heehet seb eetres -wre 32 adopted- by- to" jut *em -el- the - bears- er- bt- erafnanee- snd- •+elle! 33 piano - had - been- edeptei- before - the- a §tfe *a4 34 cent te3s- were edepted except as provided in subdivision 2 Any 3S official controls and any procedures for the administration of 36 official controls which are in existence on August It *9 19, 7 47 r 7/14/07 (COUNSEL OPM SC5889 -9 1 shall be brought into compliance with Laws 9934 oesep 2 Chapter ISH ... within lere two years from August 1, tt" 2 1_987. 4 Subd. 2. (COMPRENENSIVE PLAN-! Any . local government unit Since the - ssaidation in this . section is to require a comprahensive Plan prior to the adoption of official controls it S that has adopted official controls without adopting a will be necessary to provide ample time, for local 9ovrnaents ' who currently have official controls, but no amprahansive plan, S comotphsnsive plan must adopt by resolution and file with the to prepare and adopt a comprehensive plan. 7 county recorder a comprehensive plan within five Years from 0 August It 1968. Failure to adopt a comprehensive plan within Insert a now section which allow a local government which has official controls but no officially adopted ccupraAenaive plan 9 five years will invalidate all official controls which are in up to five Years to prepare and adopt a comprehensive plan. 10 existence before a comprehensive plan is adopted. 48 1_ a Action by Council;; MEMORANDUM Endorsed...- _..,.,,,,,,,,„ Modified Rej ected, Date, TO: City Manager FROM: Director of Communi Development SUBJECT: Estate Lot Rezoning DATE: September 21, 1987 Councilmember Anderson asked to have the subject of estate lot rezoning put on the September 28 agenda. If council wishes to initiate an estate lot rezoning, a specific area must be designated. One area that would be worth considering is the land south of Fish Creek. kd AGENDA # J '-2 MEMO R-ANDUM TO: Ma and, Cit Counci FROM: C i t Ma n a g e r -- r RE October 5th. Soli . d Waste Meeti n DATE September 22, 1987 Ac b Cou-,qcj #1 Endorsed.....,. Modif R e i e c t e Council'member Was iluk., who is on the Solid Waste-Commi . ttee has a confl- ict on October 5th and re that a-n-ew meetin date,be es-tabli'sh.edt It is recommended that -a meetin be scheduled for-one of the follow*, dates: Monda October 19th ..at 7:00-p.m. Monda November 16th at 7:00 p.m. MAM: I n AGENDA NUMBER MEMORANDUM ,Action by Council TO: C i ty , Manager Endorse FROM City Engineer odlfiedSUBJECTCityHallHVACModifications DATE September 22, 1987 . Dat INTRODUCTION Attached is a proposal from Midwestern Mechanical, the mechanical contractor for city hall. The proposal outlines a number of additions to the HVAC system that address problems encountered since the building has been put in operation. BACKGROUND Five items are identified in the proposal as follows: 1. Boiler controls- -this equipment would allow more efficient operation of the two boilers. An outside air temperature sensor would regulate the hot water temperature. The boiler sequence would also be controlled. This would eliminate the short cycling of the boilers and the constant manual adjustments to wate temperature. (Cost $2,855) 2. Circulating pump controls - -again an outside air temperature sensor would be used to control the operation of the hot water circulating pumps. Manual operation would be eliminated. (Cost $720) 3. Modifications to the dispatch room- -due to the electronic equipment in this room, extra cooling capacity is required. By adding a diffuser and some minor duct work the additional. cooling can be supplied. (Cost $400) 4.0 . Modifications to the telephone /electrical room - -this room also requires extra cooling due to electronic equipment. Adding a VAV box, some duct work and transfer grills w i l l supply the required cooling. Cost $2,150) 5. Modifications to upstairs equipment room- -again electronic equipment creates more heat than originally assumed. An additional VAV box, transfer grills and thermostat will supply the required cooling. (Cost $1,950) ALTERNATIVES 1. Install all the suggested equipment. 2. Install some of the suggested equipment. 3. Do nothing. DISCUSSION The entire system has.been evaluated numerous times in the past year. A number of items have been 'identified. The five i tems identified i t f AGENDA NUMBER MEMORANDUM ,Action by Council TO: C i ty , Manager Endorse FROM City Engineer odlfiedSUBJECTCityHallHVACModifications DATE September 22, 1987 . Dat INTRODUCTION Attached is a proposal from Midwestern Mechanical, the mechanical contractor for city hall. The proposal outlines a number of additions to the HVAC system that address problems encountered since the building has been put in operation. BACKGROUND Five items are identified in the proposal as follows: 1. Boiler controls- -this equipment would allow more efficient operation of the two boilers. An outside air temperature sensor would regulate the hot water temperature. The boiler sequence would also be controlled. This would eliminate the short cycling of the boilers and the constant manual adjustments to wate temperature. (Cost $2,855) 2. Circulating pump controls - -again an outside air temperature sensor would be used to control the operation of the hot water circulating pumps. Manual operation would be eliminated. (Cost $720) 3. Modifications to the dispatch room- -due to the electronic equipment in this room, extra cooling capacity is required. By adding a diffuser and some minor duct work the additional. cooling can be supplied. (Cost $400) 4.0 . Modifications to the telephone /electrical room - -this room also requires extra cooling due to electronic equipment. Adding a VAV box, some duct work and transfer grills w i l l supply the required cooling. Cost $2,150) 5. Modifications to upstairs equipment room- -again electronic equipment creates more heat than originally assumed. An additional VAV box, transfer grills and thermostat will supply the required cooling. (Cost $1,950) ALTERNATIVES 1. Install all the suggested equipment. 2. Install some of the suggested equipment. 3. Do nothing. DISCUSSION The entire system has.been evaluated numerous times in the past year. A number of items have been 'identified. The five i tems identified above have been deemed the most important, in fact critical items. The first two items address efficiency of the heating system. The automated controls will constantly react to changing weather. This is particularly important during spring, fall and those few extremely cold days in winter. The three items are required for cooling expensive electronic equipment. The ;second al obviously - saves .money compared to the first alternative. The question is.how to choose which ..equipment is to be installed. All five items are considered equally important. The last alternative costs nothing. The disadvantage is potential damage to electronic equipment and lost energy efficiency. RECOMMENDATION It is recommended . the council authorize the expenditure of $8,075 to make the identified modifications to the city ha l l HVAC system. BUDGET IMPACT It is recommended this work be funded by a transfer from the general fund contingency account. The current balance in this account is 138 j c 9. V MIDWESTERN MECHANICAL CORP. 9103 DAVENPORT • BLAINE, MN 55434 • 612/780 -1170 ` Architectural Alliance September, 9,:T987 40:0 Clifton Ave. Minneapolis, MN 55403 Attn: Jim Corkery Peter Potvin Re Maplewood City Hall 1. Provide one (1) Raypack Model Y -1 Sequence panel complete with temperature sensors and all necessary wiring, adjust- - able setpoints and throttling range and lead -lag switch. Outdoor air sensor with rediation sheild to the north face of the building For a sum of Two Thousand Eight Hundred Fifty -Five and no /100 2,855.00) 2. Install an outdoor air temperature sensor to start hydronic heating pumps. Complete with a lead -lag switch and all necessary wiring to completely automate boilder operation. For a sum of Seven Hundred Twenty and no /100 (720.00) 3. Dispatch Room #337: A) Add 1 - 4' long supply air diffuser w/7 rd. neck B) Re- balance VAV Box #42 400 CFM C) Disconnect the diffuser currentyly serving Room #332 from the down stream side of VAV Box #42 and reconnect to VAV Box #43. D) Re- balance VAV Box #43 to 170 CFM For a sum of Four Hundred and no /100 (400.00) 4. Room #417 Telephone /Electrical Fauipment: A) Add one (1) new VAV Box #48 2 5 0 CFM with cooling only B) Two ( 2) 1416 Transfer grilles with one fire damper in wall. Add One (1) supply air register @ 250 CFM and necessary ductwork. C) Add one (1) Thermostat to room #417 to control new VAV Box. For a sum of Two Thousand One Hundred Fifty and no /100 2,150.00) PLUMBING HEATING AIR CONDITIONING VENTILATION SEWER & WATER RESIDENTIAL • COMMERCIAL • INDUSTRIAL Page 2., Maplewood City Hall Con. 5) Dispatch Equipment'Room on Upper Mezzanine: A) Add - one (10 New : VAV . Box #49 @ 5070 CFM B) Two (2) 1416 Transfer. rriIles with fire damper . C) Install one (1) Thermostat to Mezzanine area to control new VAV Box #490 For a sum of One Thousand Nine Hundred Fifty and no /100 1,950.00) If you have any questions regarding these prices, or the work to be performed, please feel free to give me a call. Thank you. Sincerely, Randy L. Strain Midwestern Mechanical cc: Ken Heider - Maplewood City Hall Arnie Grismer - Knutson Construction Co.